As has been reported, the Drug Enforcement Agency (DEA) is planning to move cannabis (marijuana) from Schedule I to Schedule III at the federal level.
While many details of the proposal and plans are still missing, the move follows directives from President Biden in 2022 to review federal cannabis policy with the stated goal of ending criminal penalties for possession — which disproportionately affect people of color and other minoritized groups.
This change in scheduling would recognize medical use of cannabis at the federal level, catching up to the fact that millions of Americansopens in a new tab or window currently use marijuana. This change would also acknowledge that it has less risk for misuse and problems than other drugs like heroin, bringing policy closer to both scientific and popular consensus.
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This change would not recognize nonmedical (e.g. recreational) use as legal. Even possession without a prescription would still be subject to criminal and civil penalties, including potential for prison time.
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If the president’s goal for this change is truly to end criminal penalties for simple cannabis possession, he should be informed that changing it from Schedule I to Schedule III will not accomplish this. This reclassification would not free anybody currently incarcerated on cannabis-related charges, and will not expunge criminal records. Furthermore, experts are speculating that DEA will attempt to tighten the loopholes allowing the sale of hemp-related compounds, which would prohibit many currently available cannabis products and significantly reduce access to nonmedical cannabis products.
