The Justice Department plans to recommend easing marijuana restrictions, which could amount to a major change in federal policy, people familiar with the matter said Tuesday.
While this move, which sets in motion a lengthy rulemaking process, does not end the criminalization of the drug, it would represent a significant change in the government’s view of the safety and use of marijuana for medical purposes. It also reflects the Biden administration’s efforts to liberalize marijuana policy to be more in line with the public as more Americans support legalizing the drug.
According to a recent CNN poll, the decision comes at an opportune time for President Biden, who is trailing the presumptive Republican nominee, former President Donald J. Trump, ahead of the November election.
It could also lead to a weakening of other laws and regulations that govern cannabis use or possession, including guidelines on criminal penalties, banking and access to public housing.
People familiar with the recommendation said on condition of anonymity that Attorney General Merrick B. Garland would tell the White House Office of Management and Budget on Tuesday that the government should change the drug’s classification. After the Office has reviewed the recommendation, there is still a long way to go before it comes into force, including the possibility of public comment.
The Associated Press previously reported the Justice Department’s decision.
For more than half a century, marijuana has been considered a Schedule I drug, classified on the same level as highly addictive substances such as heroin, which currently have no accepted medical use, according to the Drug Enforcement Administration. Adding marijuana to Schedule III, as the Department of Health and Human Services recommended in August, would place it alongside less addictive substances like Tylenol with codeine, ketamine and testosterone, meaning it would face fewer restrictions on production and research would, and that too it could be prescribed by a doctor.
The decision to recommend a change in marijuana’s status came despite concerns from Anne Milgram, the head of the Drug Enforcement Administration, who has long relied on federal research and data to support her decisions, according to a law enforcement official familiar with the matter.
White House officials have privately acknowledged the political benefit of easing marijuana restrictions: It could energize younger voters dissatisfied with the White House and satisfy criminal justice advocates who have pushed Mr. Biden to overhaul the country’s drug policy.
While Mr. Biden has been slow to accept such a change, he has said for years that it makes little sense to put marijuana on the same level as heroin or LSD. In his State of the Union address in March, he hinted that change could soon come. About a week later, Vice President Kamala Harris said the DEA needed to reevaluate marijuana “as quickly as possible.”
Support for easing marijuana restrictions has grown over the years, moving from a focus on the left flank of the Democratic Party to a more bipartisan issue. A November Gallup poll found that 70 percent of Americans believe marijuana use should be legal, up from 50 percent in 2013.
Still, the change will do little to alter the current situation, with the most immediate impact on the cannabis industry itself.
“Many people will be disappointed and probably a little surprised at how little is changing,” said Paul Armentano, deputy director of the advocacy group NORML, the National Organization for the Reform of Marijuana Laws.
Already, 38 states, the District of Columbia and three territories have approved its use for medical reasons. Many of these places have also approved it for recreational use.
However, the DEA’s move does not ensure that state laws governing medical marijuana use are consistent with federal law.
And for states that have not approved the use of marijuana for medical or recreational purposes, downgrading the drug would not automatically change state and local criminal laws.
Many say the bigger change is cultural.
“It sends a strong signal that the war on drugs and the crimes associated with it should continue to be reassessed and reformed and changed,” said Ed Chung, vice president of initiatives at the nonprofit Vera Institute of Justice, which focuses on drug reform Criminal justice focused. “There’s a big messaging aspect to it.”
The cannabis industry stands to benefit the most from the recommended change, which would ensure state-licensed businesses are eligible for a large tax cut, potentially leading to lower prices for consumers.
These tax breaks are estimated to free up millions of dollars that companies can use for things like hiring, expansion and product development, all of which could be a boon to local economies.
Under tax law, controlled substance businesses classified in the top two tiers are not eligible for most credits or reductions.
Classifying marijuana as a Schedule III drug removes such restrictions, allowing plant-touching businesses such as growers, processors and retailers to claim common deductions for expenses such as rent, payroll and marketing.
It is not yet clear how debt restructuring would impact companies’ access to financial services, or lack thereof. Currently, many cannabis companies are forced to operate in cash only because, under federal law, most banks do not want to risk dealing with cash from the sale of an illegal substance. This is considered money laundering.
Kevin Sabet, who served as a drug policy adviser during the Obama, Bush and Clinton administrations, said the data doesn’t exist to support a switch to marijuana.
“Political and industry influence was at the heart of this decision from the beginning,” said Mr. Sabet, now president of the group Smart Approaches to Marijuana, which focuses on aligning marijuana policy with scientific research.
The federal government last considered reclassifying marijuana at the end of the Obama administration. Ultimately, the DEA declined based on a recommendation from the Department of Health and Human Services. At the time, officials cited federal health experts’ assessments that “marijuana carries a high potential for abuse, has no accepted medical use in the United States, and does not demonstrate an acceptable level of safety for use even under medical supervision.”
But over the past decade, more states have chosen to decriminalize small amounts of marijuana and make it available for medical use, and the industry has pressured the federal government to reconsider that 2016 decision.
During his 2020 campaign, Mr. Biden vowed to decriminalize cannabis and expunge convictions for its use, and as president he has moved in that direction, issuing pardons and commutations for nonviolent drug offenses. It’s a shift for a president who has not supported marijuana legalization and who, as a senator, championed aggressive drug laws, including the 1994 crime bill that led to mass incarceration.
In October 2022, Mr. Biden urged his administration to quickly review the drug’s classification. Less than a year later, the Department of Health recommended reclassifying marijuana from Schedule I to Schedule III.
The decision was leaked, giving the public an unusual glimpse into the agency’s findings. Health officials noted that while regular use of marijuana led to dependence on the drug, “the likelihood of serious consequences is low.”
Ashley Southall and Andrew Jacobs contributed reporting.
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2024-04-30 22:45:42
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