As of now, the process to reschedule cannabis from a Schedule I to a Schedule III drug is well underway but not yet complete. The Justice Department’s involvement this week is a crucial part of the process.
Below, we share the announcement, review the process, and go beyond the headline.
The Announcement
This week, President Joe Biden announced the “major” move in this video posted to his official account on X:
Too many lives have been upended because of our failed approach to marijuana.
— President Biden (@POTUS) May 16, 2024
So today, the @TheJusticeDept is taking the next step to reclassify marijuana from a Schedule I to a Schedule III drug under federal law.
Here's what that means: pic.twitter.com/TMztSyyFYm
Current Status of the Rescheduling Process
The announcement comes within a broader context that can be helpful to understand.
Recommendation by HHS
In August 2023, the Department of Health and Human Services (HHS) recommended that cannabis be moved from Schedule I to Schedule III based on their scientific and medical evaluation.
This recognizes the potential medical benefits of cannabis and suggests that it no longer fits the criteria for a Schedule I substance, which includes drugs with no accepted medical use and a high potential for abuse.
DEA Review
Following the HHS recommendation, the Drug Enforcement Administration (DEA) began its formal review. The DEA is now in the process of evaluating this recommendation.
The DEA holds the final authority to make the decision to reschedule cannabis. Its review involves considering statutory and regulatory criteria as well as the HHS’s evaluation.
Public and Governmental Support
There has been significant public and political pressure on the DEA to move forward with rescheduling. Various lawmakers, including a bipartisan coalition, have urged the DEA to consider not only rescheduling but also fully rescheduling cannabis.
This indicates a broader support base for changing cannabis regulations.
April 30 2024 Announcement
On April 30, 2024, the DEA formally announced its agreement to reschedule cannabis. This decision is a direct response to the HHS recommendation and the extensive review process undertaken by the DEA.
Expected Timeline
Although there is no specific deadline for the DEA’s decision, indications suggest that an announcement could come by the end of the summer. However, the rule making process required by the Administrative Procedures Act will follow, which includes a period for public comment and could take several months to finalize.
Next steps
After the DEA completes its review and issues a proposed rule, there will be a public comment period before the final rule is published. This period allows stakeholders and the general public to provide input on the proposed changes.
The Importance of the Justice Department’s Statement
Last week’s Justice Department statement is more than a bureaucratic formality; it marks a coordinated federal effort to align drug policy with modern scientific understanding and public sentiment.
By publicly supporting the rescheduling efforts, the Justice Department demonstrates strong executive backing and commitment to the process. This announcement propels the DEA’s review by providing essential political and administrative momentum, reassuring stakeholders of the Biden administration’s dedication to cannabis law reform. This in turn motivates further engagement from lawmakers, advocacy groups, and the public.
In a broader context, this proactive stance emphasizes that the rescheduling effort is a federal priority, fostering a unified approach to cannabis policy reform.
This unity should pave the way for more comprehensive changes in the future, integrating cannabis policy with contemporary science and public opinion.
By Ross O’Brien
Founder & Managing Partner, BVE