The Department of Health and Human Services (HHS) has recommended reclassifying marijuana as a schedule three substance, potentially paving the way for wider legalization. Currently, marijuana is classified as a schedule one substance, which denotes a drug with no accepted medical use and a high potential for abuse.
The HHS's recommendation suggests that marijuana should be categorized as a schedule three substance, which includes drugs with a moderate to low potential for physical and psychological dependence. This reclassification would signify a significant shift in federal drug policy and could have far-reaching implications for the cannabis industry.
The recommendation comes as part of a yearlong review initiated by President Joe Biden, who requested HHS Secretary Xavier Becerra and Attorney General Merrick Garland to examine marijuana's classification under federal law. Last year, Biden also took steps to ease restrictions on marijuana, including issuing a pardon for all prior offenses related to the possession of marijuana.
While the HHS's recommendation is a positive development for the cannabis industry, it remains to be seen how the Drug Enforcement Administration (DEA) will respond. The DEA has the final authority to schedule or reschedule drugs under the Controlled Substances Act and is not obligated to follow the HHS's recommendation.
If marijuana were to be reclassified as a schedule three substance, it could potentially open up more avenues for research, provide greater banking freedom for cannabis businesses, and address tax code issues for the industry. However, questions remain about how federal regulation would interact with existing state laws regarding marijuana.
With 23 states legalizing marijuana for adult recreational use and 38 states allowing medical use of cannabis products, the potential reclassification of marijuana could have a profound impact on the multibillion-dollar industry and could signal a shift in the nation's stance on cannabis prohibition.