DEA Agrees to Reclassify Marijuana as Schedule III Controlled Substance
The DEA will move to reclassify marijuana as a less dangerous drug, The Associated Press has learned, a historic shift to generations of American drug policy that could have wide ripple effects across the country.
The proposal, which still must be reviewed by the White House Office of Management and Budget, would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. However, it would not legalize marijuana outright for recreational use.
The agency’s move, confirmed to the AP on Tuesday by five people familiar with the matter who spoke on the condition of anonymity to discuss the sensitive regulatory review, clears the last significant regulatory hurdle before the agency’s biggest policy change in more than 50 years can take effect.
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| Currently, Marijuana is classified as more harmful than Schedule II narcotics including meth, fentanyl, and cocaine. |
Once the White House signs off, the DEA will take public comments on the plan to move marijuana from its current classification as a Schedule I drug, alongside heroin and LSD. It moves pot to Schedule III, alongside ketamine and some anabolic steroids, following a recommendation from the federal Health and Human Services Department.
“Today, the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III,” Justice Department Director of Public Affairs Xochitl Hinojosa said in a statement. The DEA is a component of the Department of Justice. “Once published by the Federal Register, it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.”
It comes after President Joe Biden called for a review of federal marijuana law in October 2022 and moved to pardon thousands of Americans convicted federally of simple possession of the drug. He has also called on governors and local leaders to take similar steps to erase marijuana convictions.
“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in December. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”
The election-year announcement could help Biden, a Democrat, boost flagging support, particularly among younger voters.
Biden and a growing number of lawmakers from both major political parties have been pushing for the DEA decision as marijuana has become increasingly decriminalized and accepted, particularly by younger people. A Gallup poll last fall found 70% of adults support legalization, the highest level yet recorded by the polling firm and more than double the roughly 30% who backed it in 2000.
The DEA didn’t respond to repeated requests for comment.
Possible Impact
Schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic them without permission could still face federal criminal prosecution. Some critics argue the DEA shouldn’t change course on marijuana, saying rescheduling isn’t necessary and could lead to harmful side effects.Jack Riley, a former deputy administrator of the DEA, said he had concerns about the proposed change because he thinks marijuana remains a possible “gateway drug,” one that may lead to the use of other drugs. “But in terms of us getting clear to use our resources to combat other major drugs, that’s a positive,” Riley said, noting that fentanyl alone accounts for more than 100,000 deaths in the U.S. a year.
On the other end of the spectrum, others argue marijuana should be treated the way alcohol is.
“While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act,” Senate Majority Leader Sen. Chuck Schumer of New York said in a statement. “Congress must do everything we can to end the federal prohibition on cannabis and address longstanding harms caused by the War on Drugs.”
Federal drug policy has lagged behind many states in recent years, with 38 having already legalized medical marijuana and 24 legalizing its recreational use.
That’s helped fuel fast growth in the marijuana industry, with an estimated worth of nearly $30 billion. Easing federal regulations could reduce the tax burden which can be 70% or more for businesses, according to industry groups. It could also make it easier to research marijuana since it’s very difficult to conduct authorized clinical studies on Schedule I substances.
The immediate effect of rescheduling on the nation’s criminal justice system would likely be more muted since federal prosecutions for simple possession have been fairly rare in recent years. But loosening restrictions could carry a host of unintended consequences in the drug war and beyond.
Critics point out that as a Schedule III drug, marijuana would remain regulated by the DEA. That means the roughly 15,000 cannabis dispensaries in the U.S. would have to register with the DEA like regular pharmacies and fulfill strict reporting requirements, something that they loathe to do and that the DEA is ill-equipped to handle.
Then there’s the United States’ international treaty obligations, chief among them the 1961 Single Convention on Narcotic Drugs, which requires the criminalization of cannabis. In 2016, during the Obama administration, the DEA cited the U.S.’ international obligations and the findings of a federal court of appeals in Washington in denying a similar request to reschedule marijuana.
Marijuana backers eye proposed federal
regulatory change as an aid to legalizing pot
in more states
A federal proposal to reclassify marijuana as a less
dangerous drug has raised the hopes of some pot backers
that more states will embrace cannabis
As the U.S. government moves toward reclassifying marijuana as a less dangerous drug, there may be little immediate impact in the dozen states that have not already legalized cannabis for widespread medical or recreational use by adults.
But advocates for marijuana legalization hope a federal regulatory shift could eventually change the minds — and votes — of some state policymakers who have been reluctant to embrace weed.
“It is very common for a state legislator to tell me, ‘Well, I might be able to support this, but ... I’m not going to vote for something that’s illegal under federal law,’” said Matthew Schweich, executive director of the Marijuana Policy Project, which advocates for cannabis legalization.
Although a proposal to reclassify marijuana would not make it legal, “it is a historic and meaningful change at the federal level that I think is going to give many state lawmakers a little less hesitation to support a bill,” Schweich added.
The U.S. Drug Enforcement Administration has proposed to shift marijuana from a “Schedule I” drug, which includes heroin and LSD, to a less tightly regulated “Schedule III” drug, which includes ketamine and some anabolic steroids. Federal rules allow for some medical uses of Schedule III drugs. But the proposed change faces a lengthy regulatory process, which may not be complete until after the presidential election.
In the meantime, the proposed federal change could add fresh arguments for supporters of ballot measures seeking to legalize marijuana. Florida voters will decide on a constitutional amendment allowing recreational cannabis this November. Public votes could also be held in several other states, including South Dakota, where supporters plan to submit signatures Tuesday for a third attempt at legalizing recreational marijuana.
Following two previous failed attempts, a Nebraska group is gathering signatures to get two measures onto this year’s ballot: one to legalize medical marijuana and another to allow private companies to grow and sell it.
In North Dakota, criminal defense attorney Mark Friese is a former police officer who is backing a marijuana legalization ballot initiative. He said the proposed federal reclassification could immensely help this year's initiative campaign. North Dakota voters rejected legalization measures in 2018 and 2022 but approved medical marijuana in 2016.
“The bottom line is the move is going to allow intelligent, informed discussion about cannabis legislation instead of succumbing to the historical objection that marijuana is a dangerous drug like LSD or black tar heroin,” Friese said.
Others aren't so sure the reclassification will make a difference.
Jackee Winters, chairperson of an Idaho group backing a ballot initiative to legalize medical marijuana, said it's tough to get would-be supporters to sign their petition.
“People are literally afraid to sign anything in Idaho that has to do with marijuana,” she said. “They’re afraid the cops will be coming to their house."
The proposed federal change may have little affect in 24 states that already legalized recreational marijuana for adults, or in an additional 14 states that allow medical marijuana. But advocates hope it could sway opinions in a dozen other states that either outlaw cannabis entirely or have limited access to products with low levels of THC, the chemical that makes people high.
Georgia has allowed patients with certain illnesses and physician approval to consume low-THC cannabis products since 2015. But until last year, there was no legal way to buy them. Eight dispensaries are now selling the products.
The Georgia Board of Pharmacy last year also issued licenses for low-THC products to 23 independent pharmacies, but the federal DEA in November warned pharmacies that dispensing medical marijuana violated federal law.
Dawn Randolph, executive director of the Georgia Pharmacy Association, said a federal reclassification of marijuana could open the way for pharmacists to treat marijuana products “like every other prescription medication.”
In other states, such as Tennessee, elected leaders remain hesitant to back either medical or recreational marijuana. Tennessee Senate Speaker Randy McNally, a Republican, previously said he wouldn’t support changing state law until the federal government reclassifies marijuana.
But after reports about the DEA’s recommended reclassification, McNally still held off on supporting any push to legalize medical marijuana.
Removing marijuana as a Schedule I drug “would only start the conversation in my mind. It would not end it. There would still be many issues to resolve if the downgrade to Schedule III happens as proposed,” he said Thursday.
A proposal to legalize medical marijuana died in a Kansas Senate committee without a vote this year, and an attempt to force debate in the full Senate failed by a wide margin. The strongest and most influential opposition came from law enforcement officials, who raised concerns that any legalization could invite organized crime and make it difficult to assess whether people are driving under the influence.
Kansas Bureau of Investigation Director Tony Mattivi considers the DEA effort to reschedule marijuana “misguided and politicized,” KBI spokesperson Melissa Underwood said.
The head of the South Carolina state police force also has opposed efforts to legalize medical marijuana, saying it opens the door to other drug use. A legalization bill backed by Republican state Sen. Tom Davis passed the Senate this year but has stalled in a House committee.
“It’s difficult to rewire a lot of people who have been conditioned to think of marijuana in a certain way,” said Davis, who vowed to push a medical marijuana bill again next year if reelected.
Although not fully embracing medical marijuana, Iowa and Texas both have laws allowing limited access to some cannabis products with low levels of THC. Some Texas cities have passed ordinances allowing small amounts of marijuana. But a similar effort in Lubbock, home to Texas Tech University, was derided in a Facebook post by Republican state Rep. Dustin Burrows as part of “nationwide effort by the left to undermine public safety.”
In Wyoming, a decade of pro-marijuana efforts through ballot initiatives and legislation has gotten nowhere. Gov. Mark Gordon, a Republican, has been ambivalent about legalizing medical marijuana and opposes legal recreational pot. The GOP-led Legislature didn’t even debate the latest bill to decriminalize marijuana and legalize medical marijuana.
Yet one organizer, who helped unsuccessful petition efforts in 2022 and 2023, hopes federal reclassification of marijuana nudges more lawmakers to support legalization.
“Resistance will be a lot less palpable,” legalization advocate Apollo Pazell said.
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Associated Press writers Jeff Amy in Atlanta, Margery Beck in Omaha, Nebraska, Rebecca Boone in Boise, Idaho; Acacia Coronado in Austin, Texas; Jeffrey Collins in Columbia, South Carolina, Jack Dura in Bismarck, North Dakota, Hannah Fingerhut in Des Moines, Iowa, Mead Gruver in Cheyenne, Wyoming, John Hanna in Topeka, Kansas, and Kimberlee Kruesi in Nashville, Tennessee, contributed to this report.
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