At the end of last year, proceedings surrounding the rescheduling of marijuana were put on hold, casting doubt on whether any changes would actually occur. Initially, there was a flicker of hope that the Trump administration would take some action, but that didn’t materialize. However, on Monday, President Trump indicated that his administration is considering reclassifying marijuana as a less dangerous substance.
“We’re looking into reclassification. We think we’ll come to a decision in the next few weeks,” he stated during a press conference.
Currently, marijuana is classified as a Schedule I drug. Under the Biden administration, there’s a push to change its status to Schedule III, a move that advocates have been discussing for years, according to representatives from NORML, a marijuana law reform group.
It’s tough to predict how quickly this might happen, although some believe Trump could expedite the process. Heather Torrella, from the Rockefeller Institute, mentioned that prioritizing this issue could lead to effective changes.
If this shift in classification occurs, it would represent the biggest alteration in DEA policy regarding marijuana in fifty years—though the effects might not be immediately apparent.
If marijuana is rescheduled, will it be legal nationwide?
The straightforward answer is no.
As a Schedule I substance, marijuana is deemed highly likely to be abused and is considered to have no recognized medical use by the DEA, much like heroin and LSD.
The Department of Health and Human Services suggested in 2023 that marijuana should be reclassified as Schedule III, which includes substances like ketamine and certain anabolic steroids that are associated with a lower risk of addiction.
Even with rescheduling, marijuana would remain a controlled substance under federal law, meaning its decriminalization or recreational use on a federal level wouldn’t change. Medical applications could be acknowledged, and the reduced risk of abuse compared to more dangerous substances could facilitate research efforts.
Additionally, businesses involved in the cannabis industry might see tax relief. At present, companies dealing with Schedule I substances face significant tax burdens—often exceeding 70%—as they cannot deduct standard business expenses like rent and wages.
As a Schedule III substance, marijuana would still be regulated and clinics would need to be registered with the DEA, though criticisms suggest that such regulations could be cumbersome for smaller clinics.
In recent years, federal prosecutions for possession have become quite rare, so the immediate impact on the criminal justice system from this potential rescheduling could be limited.
There are also international treaties, like the 1961 Single Convention on Drugs, that necessitate cannabis criminalization. Previous attempts to reschedule marijuana, particularly under the Obama administration, faced setbacks when the DEA rejected U.S. obligations based on court findings.
Where do state efforts to legalize marijuana stand?
Over thirty states have legalized some form of medical marijuana, and nearly half allow recreational use for adults.
Yet, in states where marijuana is legal, there have been movements to roll back or alter voter-approved laws. For instance, Ohio is seeing attempts to modify previously approved regulations for recreational use.
Other states are also fine-tuning their laws, such as efforts in Virginia where lawmakers could not pass a sales bill, resulting in legal possession but no established channels for purchase.
Ultimately, the federal government still has significant control over state legalization decisions, echoing past prohibition efforts.
A proposed bill in the House aims to change that by ending the federal ban on cannabis and allowing states to set their own policies. Dubbed the State 2.0 Act, it’s moving through the legislative process and could further influence the landscape of cannabis legality.
