Biden's Historic Marijuana Rescheduling Announcement: A Monumental Step Forward….Again

In a groundbreaking move, President Joe Biden has announced that his administration is officially moving to reschedule marijuana under federal law. This historic action follows an extensive administrative review that Biden directed, marking a significant shift in the federal stance on cannabis.

The Announcement

On May 16, 2024, President Biden revealed in a video message that the Justice Department will soon post its proposed rule to reclassify cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). This change is monumental, as it follows over 50 years of marijuana being classified at the highest level of drug restriction, alongside substances like heroin and LSD. The proposed rule will enter a 60-day public comment period before it can potentially be finalized.

“This is monumental,” Biden stated. “Today my administration took a major step to reclassify marijuana from a Schedule I to a Schedule III drug. It’s an important move towards reversing longstanding inequities.”

A Legacy of Change

This announcement builds on Biden’s previous efforts to address the injustices associated with marijuana criminalization. Over the past few years, the administration has pardoned a record number of federal offenses for simple marijuana possession. These actions have been part of a broader initiative to remove barriers to housing, employment, and small business loans for tens of thousands of Americans.

“Look folks, no one should be in jail for merely using or possessing marijuana. Period,” the president emphasized. “Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs. You have my word on it.”

Vice President Kamala Harris also weighed in, highlighting the disparity in marijuana's current classification. “Currently, marijuana is classified on the same level as heroin and more dangerous than fentanyl,” Harris said in a separate video. “We are finally changing that. But I want to thank all of the advocates and everyone out there for helping to make this possible, and we are on the road to getting it done.”

The Implications of Rescheduling

Moving marijuana to Schedule III signifies the federal government’s recognition of the medical value and relatively low abuse potential of cannabis. It represents a significant shift in policy and aligns more closely with the reality of marijuana legalization in various forms across the majority of states.

However, it is important to note that rescheduling does not equate to federal legalization. It does not provide immediate corrective relief to those criminalized over marijuana in the past. The Congressional Research Service (CRS) pointed out that while rescheduling might be enacted by the DEA, it does not bring state markets into compliance with federal law. Congress still holds the authority to bridge the federal-state cannabis policy gap.

The Justice Department's Role

The Justice Department, under Attorney General Merrick Garland, has formally moved to initiate this reclassification process. The proposed rule acknowledges the medical uses of cannabis and its lower potential for abuse compared to some of the nation’s most dangerous drugs. However, it stops short of outright legalization for recreational use.

The Drug Enforcement Administration (DEA) will oversee a public comment period that could potentially extend the process. If approved, marijuana would be classified alongside substances like ketamine and some anabolic steroids, rather than its current status alongside heroin and LSD.

Public and Political Reactions

The public comment period is expected to attract significant attention, reflecting the widespread support for broader legalization and diverse perspectives on the appropriateness of a Schedule III designation. While many advocates welcome the rescheduling as a long-overdue recognition of marijuana's medical value, others argue that it does not go far enough. Prohibitionists are expected to oppose the move and may seek to challenge it legally.

Senate Majority Leader Chuck Schumer has praised the move and called for further steps toward full legalization. Meanwhile, former DEA Administrator Asa Hutchinson acknowledged that it appears likely the DEA will follow through with the rescheduling.

A Call for Continued Advocacy

Despite the significant progress, rescheduling alone will not fully address the complex issues surrounding marijuana policy. Continued advocacy and legislative action are necessary to achieve comprehensive legalization and rectify past injustices. The immediate effect on the criminal justice system may be limited, as federal prosecutions for simple possession have become rare.

Conclusion

President Biden's announcement marks a historic moment in the fight for cannabis reform. By moving to reclassify marijuana from Schedule I to Schedule III, the administration is taking a significant step toward reversing decades of inequity and recognizing the medical value of cannabis. While this move is monumental, it is clear that continued advocacy and legislative action are necessary to fully address the complexities of marijuana legalization and to provide justice for those affected by its criminalization.

As the public comment period opens, the conversation around cannabis reform is expected to intensify, reflecting widespread support for broader legalization and the diverse perspectives on how best to achieve it. The journey toward comprehensive cannabis reform is far from over, but this rescheduling proposal is a pivotal milestone on the road to a more equitable and rational drug policy.