The Drug Enforcement Administration (DEA) is likely to approve a recommendation from the Biden administration to reclassify marijuana under the nation’s drug laws, according to a report issued by congressional researchers. This recommendation follows the Department of Health and Human Services (HHS) proposal that cannabis be rescheduled under the federal Controlled Substances Act (CSA). The HHS recommendation suggests moving cannabis from Schedule I to Schedule III, a less restrictive classification, which would facilitate research into cannabis.
If the DEA approves the rescheduling of marijuana to Schedule III, it would have significant implications for federal policy, impacting various areas such as housing, immigration, gun rights, taxation of marijuana businesses, and more. Cannabis would be classified alongside drugs like ketamine, anabolic steroids, testosterone, and products containing less than 90 milligrams of codeine per dose.
Rescheduling marijuana would also ease some barriers faced by the regulated marijuana industry. Businesses in the cannabis industry would be able to take tax deductions for expenses like payroll, rent, and advertising, which are currently unavailable due to the Schedule I classification. Moreover, medical marijuana patients would be able to purchase and possess firearms and become eligible for certain visas.
However, it’s important to note that the HHS recommendation is not binding and must be approved by the DEA. Some lawmakers oppose the rescheduling recommendation and are urging the DEA to maintain the current Schedule I classification for cannabis. Congress could also independently reclassify cannabis in a different or new schedule, highlighting that the final decision may not solely rest with the DEA.
