Regulators suggest changing cannabis guidelines

The U.S Department of Health and Human Services officially advised the Drug Enforcement Administration to reclassify marijuana on Aug. 30 from a Schedule I substance to Schedule III.

What does this mean?

Under current DEA classifications, Schedule I substances “have no accepted medical use in the United States and lack accepted safety for use under medical supervision, and a high potential for abuse.”

Since the Controlled Substances Act of 1970, cannabis has maintained its place as a Schedule I substance, sitting alongside drugs like heroin, LSD and bath salts. Schedule III drugs, on the other hand, “have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence.”

Although cannabis is still categorized as a Schedule I, the recommendation from the HHS has signaled a prominent shift in how cannabis is viewed — particularly in the political sphere. For the first time in 50 years, the government is willing to explore marijuana’s medical benefits. Not only that, but rescheduling marijuana could possibly lessen or diminish criminal charges for possession. This is an incredibly important aspect of the recommendation and would hopefully forge the path to less cannabis-related charges.

But reclassifying marijuana would not lead to national legalization. A Schedule III substance is still a controlled one and is still privy to strict federal guidelines.

The major components of reclassification relate more to cannabis research and taxes.

Because of current federal restrictions surrounding marijuana, studying the plant to prove its scientific and medicinal merit has proved to be difficult.

Presently, cannabis researchers are required to study cannabis that has been grown and processed by the National Institute on Drug Abuse and are barred from researching cannabis from any other source. Even marijuana purchased at a dispensary is unable to be studied.

Conducting clinical studies surrounding marijuana has been difficult as well.

It’s a frustrating process, one that has limited cannabis research to truly come to fruition in response to federal guidelines.

For years, cannabis regulations have flourished under a bizarre paradox: researchers lack widespread access to cannabis because of federal restrictions and are then unable to answer the questions that the government is asking.

If marijuana were to be reclassified, studying marijuana would become a bit easier and more accessible because of how Schedule III drugs are classified.

At a fiscal level, changing how marijuana is classified would have a hearty impact on cannabis taxes. Current federal tax code does not allow for cannabis to be written off as a business expense, as it is a Schedule I drug. But if cannabis was listed as a Schedule III substance, businesses would pay less in federal taxes.

The DEA still must review this new recommendation, a notoriously lengthy process. The attorney general is responsible for making the final decision, but under the Controlled Substances Act, the DEA is required to consider recommendations from the HHS as binding.

Per legal code, “the recommendations of the secretary to the attorney general shall be binding on the attorney general as to such scientific and medical matters, and if the secretary recommends that a drug or other substance not be controlled, the attorney general shall not control the drug or other substance.”

The DEA will consider the actual potential for abuse of cannabis, scientific evidence of its pharmacological impact, current scientific knowledge, its risk to public health and other factors. These are guidelines that must be followed to come to a final conclusion. If all goes according to schedule, a decision could be finalized by 2024.

This article appears in Sep 14-20, 2023.