ue. But let’s not forget that this is just one small step towards ending the failed war on drugs and creating a fair and equitable cannabis industry.”
The DEA Finally Admits: Cannabis Has Medical Benefits and Should Be Reclassified Under Schedule III
It’s official: the U.S. Drug Enforcement Administration (DEA) has finally come to its senses and recognized the medical benefits of cannabis. In a historic move, the DEA, under the Biden administration, will be reclassifying cannabis under Schedule III, a major victory for the plant and its supporters.
For decades, cannabis has been wrongly classified as a substance with no accepted medical value, but that is all about to change. The move to Schedule III, which was recently recommended by the U.S. Department of Health and Human Services (HHS), will finally acknowledge the legitimate medical uses of cannabis.
But before we get too excited, the DEA’s decision must first be reviewed by the White House Office of Management and Budget (OMB). If approved, this would be the first time in 50 years that the federal government has recognized the medical benefits of cannabis.
So what does this all mean? Well, according to the National Organization for the Reform of Marijuana Laws (NORML), this move by the DEA is a step in the right direction, but it doesn’t go far enough. While it acknowledges the therapeutic utility of cannabis, it still perpetuates the divide between federal and state marijuana laws.
NORML Deputy Director Paul Armentano explains, “While the DEA’s decision fails to go far enough, it represents the first time the agency has ever abandoned its ‘Flat Earth’ position toward cannabis and acknowledged that the substance possesses legitimate therapeutic utility and that it doesn’t belong in the same federal classification as heroin.”
But this reclassification won’t completely erase the discord between federal and state laws. As Armentano points out, “Unfortunately, this move – if and when finalized – continues to perpetuate the growing divide between federal marijuana laws and the marijuana laws of most states. It also fails to align with public opinion, as most Americans would like to see cannabis treated more like alcohol than like anabolic steroids.”
In 2016, Scientific American reported that cannabis was placed in Schedule I by disgraced former Attorney General John Mitchell of the Nixon administration, as part of the classification or “scheduling” of all drugs under the 1970 Controlled Substances Act.
But now, with the DEA’s move to reclassify cannabis, U.S. leaders are speaking out in support. Representative Earl Blumenauer says, “If today’s reporting proves true, we will be one step closer to ending the failed war on drugs. Marijuana was scheduled more than 50 years ago based on stigma, not science. The American people have made clear in state after state that cannabis legalization is inevitable. The Biden-Harris Administration is listening.”
And it’s not just about the medical benefits of cannabis. According to the National Cannabis Industry Association (NCIA), moving cannabis to Schedule III is expected to lift the unfair burden of 280E on thousands of state-legal cannabis businesses. This would remove the prohibitions against tax deductions under tax code 280E, as reported by The Legal Intelligencer.
So while this reclassification is long overdue, let’s not forget that it’s just one small step towards ending the failed war on drugs and creating a fair and equitable cannabis industry. But it’s a step in the right direction, and we can only hope that more progress will follow.
