Biden Administration Mulls Marijuana Rescheduling Ahead Of 2024 Election

In a possible sign that even the most hardened of drug warriors can change their minds, the Biden administration is reportedly considering reclassifying marijuana from a Schedule I to Schedule 3 controlled substance.

What do those schedules mean, and why is this a Big Deal?

Since 1970, marijuana has been on Schedule I, a list of substances the federal government has declared as having…

…no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. 

The classification brought with it harsh penalties for possessing, growing, or distributing marijuana and served as a key tool in President Richard Nixon’s 1971 ill-fated and disastrous declaration of war on drugs. 

In recent decades, “24 states, two territories and the District of Columbia have legalized small amounts of cannabis (marijuana) for adult recreational use.” Many of them have done so using ballot measures.  Despite all this marijuana federalism, however, the federal government has remained on a war footing – using whatever excuse is handy to seize legal marijuana. And in some states, a version of highway robbery remains a preferred law enforcement tactic in their ongoing war against drugs.

All of which is why rescheduling marijuana to Level III is important. Schedule III substances…

… are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone

Not perfect, but far better than current federal regulations.

And before we get too excited about the possible re-scheduling, could take “months.” Abd even when that process is over, the drug war stance on marijuana won’t disappear. According to the Congressional Research Service:

Moving marijuana from Schedule I to Schedule III, without other legal changes, would not bring the state-legal medical or recreational marijuana industry into compliance with federal controlled substances law.

Bottom line: It’s a hopeful sign that the Biden administration is making this move (even though, yes, it’s entirely for crass political considerations). But it’s only a small step toward declaring an official, nationwide end to the marijuana portion of the drug war. 

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

Norman Leahy

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Norman Leahy has written about national and Virginia politics for more than 30 years with outlets ranging from The Washington Post to BearingDrift.com. A consulting writer, editor, recovering think tank executive and campaign operative, Norman lives in Virginia.

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