The U.S. Drug Enforcement Administration is preparing to reclassify marijuana to the low-risk drug category, a major federal policy change in line with a U.S. Department of Health recommendation last year. The first news about future developments was Associated Press It was announced Tuesday afternoon and later confirmed by several other news outlets.
The DEA currently classifies marijuana as a Schedule 1 drug, defined as a drug with “no currently accepted medical use and a high potential for abuse.” It equates marijuana with LSD and heroin. Today’s report says the DEA is moving to reclassify it as a Schedule 3 drug, defined as having a “moderate to low potential for physical and psychological dependence.” The move would place marijuana in the ranks of products containing ketamine, testosterone, and less than 90 milligrams of codeine.
Rescheduling marijuana would recognize its potential medical benefits and bring federal policy changes in line with many states. To date, 38 states have legalized medical marijuana.
In August, the Department of Health and Human Services recommended that the DEA move marijuana from Schedule 1 to Schedule 3 based on a review of data by the Food and Drug Administration. The recommendation comes after the FDA approved the first marijuana-based drug in August. The medicine is Epidiolex (cannabidiol), approved to treat rare and severe forms of epilepsy. The DEA was expected to lower its timeline for marijuana use following this approval, but some expected it to be approved sooner. FDA’s independent expert advisors voted unanimously in favor of approval, convinced by data from three high-quality clinical trials that showed benefit and a “negligible potential for abuse.”
This shift could have a limited impact on consumers in states that have already relaxed access to marijuana. In addition to the 38 states that allow access to medical marijuana, 24 states have legalized recreational use. However, as a Schedule 3 drug, marijuana will continue to be regulated by the DEA. The AP points out that the rule change would require approximately 15,000 pharmacies to register with the DEA and follow strict reporting requirements, as well as pharmacies.
One area that clearly benefits from this change is scientific research into the effects of marijuana. Many academic scientists receive funding from the federal government and must follow federal regulations. Research on Schedule 1 drugs is subject to extensive restrictions and rules, even for researchers in states where marijuana is legal. A lower schedule makes it easier for researchers to conduct much-needed research.
It is unclear exactly when this measure will be announced or finalized. The DEA must receive approval from the White House Office of Management and Budget (OMB) before proceeding. NBC News officials said Attorney General Merrick Garland could submit a schedule change to OMB as early as Tuesday afternoon. The DEA will then begin a public comment period before finalizing the rule.
The U.S. Department of Justice told multiple news outlets that it “continues to work toward this rule. We have no further comment at this time.”
