The debate over marijuana legalization has been a long and winding road, but a significant milestone is on the horizon. The U.S. Department of Justice (DOJ) has proposed a major shift in federal drug policy – rescheduling marijuana from a Schedule I to a Schedule III controlled substance under the Controlled Substances Act (CSA). Public comments on this proposed rule are near closing; they are open until July 22nd. If you believe marijuana should be rescheduled, now is your chance to make your voice heard.
Currently, marijuana is classified as a Schedule I drug alongside substances like heroin and LSD. Schedule I drugs are deemed to have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. This classification has significant implications for research, regulation, and criminal penalties associated with marijuana.
Let’s talk about what rescheduling marijuana could mean for the cannabis industry and beyond and why we at Beard Bros believe that while this is a step forward, the ultimate goal should be removing marijuana from the CSA altogether.
Timeline of Marijuana Rescheduling
Marijuana was classified as a Schedule I controlled substance with the enactment of the Controlled Substances Act (CSA) in 1970, marking it as having a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision.
Decades passed with this classification remaining unchanged. Then, in 2021, President Joe Biden catalyzed progress by requesting a formal review of marijuana’s status, recognizing the shifting perspectives and growing body of research supporting its medical use.
The Department of Health and Human Services (HHS) took a significant step by recommending the rescheduling of marijuana to a Schedule III substance. This was followed by a review from the Drug Enforcement Administration (DEA), which further supported the move.
The culmination of these efforts led to the U.S. Department of Justice (DOJ) proposing on May 21st to transfer marijuana from Schedule I to Schedule III of the CSA, initiating a public comment period on the potential reclassification.
What is the Public Comment Period?
The public comment period is a crucial phase in the rulemaking process where individuals, businesses, and organizations can provide feedback on proposed regulations. This period allows stakeholders to express their opinions, concerns, and support for the rule, which the DOJ will consider before making a final decision.
You can submit your own comments here on the Federal Register. As of this writing, nearly 29,000 comments have been submitted, highlighting the significance of this decision.
What Marijuana Rescheduling Would Mean
If marijuana is moved to Schedule III, it would be classified alongside substances like ketamine and anabolic steroids, which have recognized medical uses and a lower potential for abuse compared to Schedule I drugs. This change would ease some restrictions on cannabis-related research, making it easier for scientists to study its potential benefits and risks.
Currently, cannabis businesses operating in compliance with state laws face significant financial challenges due to the inability to claim certain tax credits and deductions like 280E. Rescheduling to Schedule III would allow these businesses to deduct ordinary and necessary business expenses, providing much-needed financial relief.
Rescheduling would also simplify the process for researchers studying marijuana. Unlike Schedule I substances, Schedule III substances do not require individual DEA approval for each research protocol, allowing for greater flexibility and accelerated scientific discovery.
The Limitations of Marijuana Rescheduling
Despite the potential benefits, rescheduling marijuana to Schedule III would not make it fully legal at the federal level. Marijuana would still be subject to significant regulation by the DEA and FDA, and state-legal cannabis activities would remain federally illegal.
The proposed rescheduling would not change the criminal prohibition on manufacturing, distributing, dispensing, or possessing marijuana under federal law. This means that while the enforcement landscape may shift, the legal risks for those involved in the cannabis industry would persist.
The FDA would still consider marijuana a new drug needing approval for specific medical uses. This means the federal government would not recognize or regulate its broader use for various medical conditions, even in state-authorized programs.
The rescheduling process involves complex administrative and political hurdles. The DOJ’s Notice of Proposed Rulemaking (NPRM) is just one step in a lengthy process that includes public comments, potential hearings, and further deliberations.
The public comment period is your opportunity to influence this pivotal decision. By providing your input, you can help shape the future of marijuana regulation and potentially pave the way for more comprehensive reforms.
Why Complete Removal From The CSA is The Correct Answer
At Beard Bros, we recognize that rescheduling marijuana to Schedule III is an important step forward. It would create new opportunities for research and provide financial relief to cannabis businesses. However, we firmly believe that the only logical solution is to remove marijuana from the CSA altogether.
Removing marijuana from the CSA would end the federal prohibition, aligning federal law with the growing number of states that have legalized marijuana for medical and recreational use. This would eliminate the legal risks and uncertainties faced by cannabis businesses and consumers.
Complete removal from the CSA would facilitate unrestricted research into the potential benefits and risks of marijuana. Scientists would be free to explore its therapeutic potential without the constraints of federal regulation.
Federal prohibition has disproportionately impacted marginalized communities, leading to high rates of incarceration for marijuana-related offenses. Removing marijuana from the CSA would be a significant step toward rectifying these injustices and promoting social equity.
The rescheduling of marijuana from Schedule I to Schedule III is a critical moment in the ongoing debate over marijuana regulation. While it offers several benefits, it falls short of the comprehensive reform needed to integrate marijuana into mainstream society fully.
At Beard Bros, we advocate for the complete removal of marijuana from the CSA. Furthermore, we believe this is the only way to achieve true progress and unlock the full potential of cannabis.
Don’t miss your chance to make a difference—submit your comment on the proposed rescheduling today.
