Biden Administration Aims to Reclassify Marijuana as Less Dangerous Drug
Pot currently holds same designation as heroin, LSD; move would reshape multibillion-dollar industry
WASHINGTON—The Biden administration is working on a plan to reclassify marijuana as a less dangerous drug, people familiar with the matter said, a potentially historic move that could make it much easier to buy and sell pot and make the multibillion-dollar industry more profitable.
Justice Department officials plan to submit a proposal for White House review that would move marijuana out of the government’s most restrictive drug classification, the people said. Marijuana has been designated as a Schedule I drug since 1970, alongside LSD and heroin.
A proposal might not be made public for weeks, and it couldn’t immediately be determined how much the Biden administration would seek to relax restrictions. The rule would need to work its way through the government’s regulatory-approval process, something that could take months.
Biden allies hope the move will shore up the president’s standing with younger voters, who have been particularly supportive of liberalizing marijuana policies. Biden needs their commanding support in November, as some polls show him trailing his Republican opponent, Donald Trump, and underperforming among adults under 30.
More than half of states have legalized marijuana for some purpose over the past decade, and many Democrats and some Republicans have taken a more tolerant view of its use. But the federal government still puts it in a category reserved for drugs that have a high potential for abuse with no offsetting accepted medical use.
Even if marijuana is no longer a Schedule I drug, pot would remain illegal under federal law without other changes by Congress. The Justice Department could still prosecute marijuana offenders, though it has taken a largely hands-off approach to industry in states where it has been legalized. Officials in recent years have also said they don’t view prosecuting federal marijuana crimes as the best use of their limited resources.
One person familiar with the matter said Attorney General Merrick Garland would tell the White House’s Office of Management and Budget in coming days that the government should change marijuana’s classification.
A spokeswoman for the Drug Enforcement Administration declined to comment. The White House declined to comment.
The Biden administration’s plan to change marijuana’s classification was reported earlier by the Associated Press.
President Biden in 2022 pardoned thousands of people convicted of marijuana possession under federal law and called upon regulators to review whether the drug should be reclassified, saying “it doesn’t make sense” that the government controls pot more tightly than cocaine or fentanyl.
The idea has been a source of contention between officials at the Department of Health and Human Services, which last year, at the direction of the White House, recommended making marijuana a Schedule III drug, alongside testosterone and ketamine and obtainable with a prescription. Officials also have the option of classifying marijuana under Schedule II, reserved for drugs that have some medically acceptable uses, such as fentanyl, oxycodone and Adderall.
If the administration reclassifies marijuana out of Schedule I and II, that change would have major tax consequences for marijuana businesses.
Currently, even in states where marijuana is legal, the federal tax code prohibits businesses from taking many otherwise ordinary tax deductions. In many cases, that means they can’t deduct rent or employees’ wages the way other retailers can and thus face far higher tax rates.
Congress created those limits in the tax law more than 40 years ago and attempts to soften or limit it have fallen short.
Some officials at the Drug Enforcement Administration still believe that pot’s medicinal benefits remain unproven and that it is prone to abuse, The Wall Street Journal reported. Federal scientists said in their August recommendation that marijuana isn’t as vulnerable to abuse as other controlled substances, has some therapeutic benefits that are backed by science and produces “less serious outcomes” than other drugs, even though it can cause dependence.
Amid disagreements, officials asked the Justice Department’s Office of Legal Counsel to weigh in on legal issues related to moving pot to a less-restrictive status. That office has since issued guidance that paves the way for a new rule, people familiar with the process said.
“While this thankfully won’t fully legalize marijuana, it is an alarming departure from both logic and science, tainted by election-year politics,” said Kevin Sabet, president and CEO anti-pot group Smart Approaches to Marijuana.
Certain Democrats, who had been urging the Justice Department and DEA to move faster to downgrade pot, hailed the potential move as the first step toward lessening what they see as harm caused by draconian pot laws.
“The American people have made clear in state after state that cannabis legalization is inevitable,” said Rep. Earl Blumenauer (D., Ore.), co-chair of the Congressional Cannabis Caucus.
Any rule loosening federal restrictions on marijuana could take months to finalize and could be further stalled by lawsuits. Other agencies would get a chance to weigh in on drug officials’ proposed language before it is published. Then the public, including state regulators and marijuana companies, would get a chance to comment. The White House would have to sign off on a final version of the rule before it can go into effect.
Article Courtesy: The Wall Street Journal
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