The Biden administration on Thursday submitted a proposal to begin the formal process to reclassify marijuana as a less dangerous drug.
The Department of Justice (DOJ) said Attorney General Merrick Garland filed the proposal in the Federal Register with the intention of lowering the drug from Schedule I to a Schedule III drug, as classified under the Controlled Substances Act (CSA). Announced.
Congress enacted the CSA in 1970, and marijuana has been classified as a Schedule I drug ever since the law was enacted.
President Biden has asked the Attorney General and the Secretary of Health and Human Services to reconsider how marijuana is planned to be used under federal law on October 6, 2022.
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Dave Worden of Private Organic Therapy, a non-profit cooperative medical marijuana dispensary in California, displays the different types of marijuana available to patients in Los Angeles. (David McNew/Getty Images)
HHS submitted its recommendations to the Attorney General in August 2023, and the Attorney General sought legal advice from the Department of Justice’s Office of Legal Counsel (OLC) regarding questions regarding the rulemaking process.
After receiving all relevant information, Garland began the process of downgrading marijuana to a Schedule III drug.
Currently, rescheduling controlled substances goes through an administrative hearing, as well as a process that requires public notice and opportunity for comment.
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A man smoking a joint during International Marijuana Day celebrations. (Pablo Vera/AFP via Getty Images)
As part of the process, the Drug Enforcement Administration (DEA) will also collect and consider information and comments submitted by the public to help determine whether the drug should be classified as a less dangerous controlled substance. is.
However, until a final rule is published, marijuana will continue to be classified as a Schedule I controlled substance.
The move, planned by the Biden administration, comes in an election year.
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Marijuana is the most commonly used federally illegal drug in the United States (AP Photo/Gerald Herbert/File)
If passed, the proposal would recognize marijuana’s medical uses and its lower potential for abuse than some of the nation’s most dangerous drugs.
However, it does not fully legalize marijuana for recreational purposes.
As drug schedules change, such as Schedule II or Schedule III, the potential for abuse also changes. Schedule V drugs have the least potential for abuse.
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According to the CSA, Schedule III drugs have a lower potential for misuse than I and II drugs. Drugs in this category can cause physical dependence, but more commonly psychological dependence.
Medications in this category also require a prescription and are subject to all CSA record-keeping requirements. However, this does not mean it is legal to sell without a medical license or Drug Enforcement Administration registration. It’s like writing a prescription at a pharmacy.
According to the National Conference of State Legislatures, 24 states, Washington, D.C., and two U.S. territories have legalized small amounts of recreational marijuana use by adults.
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According to the Centers for Disease Control and Prevention, marijuana is the most commonly used federally illegal drug in the United States, with an estimated 48.2 million users nationwide in 2019, and the number has only increased since then. States continue to legalize recreational and medical marijuana use. .
Fox News Digital’s Stepheny Price, Julia Johnson and Kyle Schmidbauer, Fox News’ Jake Gibson, David Spunt and Patrick Ward and The Associated Press contributed to this report.
