From The Editor
Bill Cromwell , Publisher , Editor-in-Chief
Will the DEA Reschedule Cannabis ?
In late August , the Department of Health and Human Services ( HHS ) formally requested that the DEA consider reclassifying marijuana under the Controlled Substances Act from a Schedule I drug down to a Schedule III . The decision to move cannabis to Schedule III comes after a comprehensive year-long investigation by the HHS . This is long overdue .
Since the 1970s , marijuana has been listed as a Schedule I drug , the same as cocaine , fentanyl , LSD , heroin , and methamphetamine drugs . As of today , marijuana remains in the Schedule I category despite favorable scientific research and being legally sold in 39 states for medical use and 23 states for adult use .
The DEA will consider moving marijuana down to a Schedule III drug , a substance that has moderate to low potential for physical or psychological dependence . The HHS recommendation , however , will not totally de-schedule marijuana . Thanks to the incompetence in Washington D . C ., the cultivation , manufacturing , and sales would still violate federal law .
In September , MoCannTrade announced that its national industry association partner , the American Trade Association For Cannabis and Hemp ( ATACH ), assembled a Q & A overview on the impact rescheduling cannabis from Schedule I to Schedule III would have on the industry . The document also does a great job of answering the many other relevant questions the marijuana industry will have concerns about if the DEA adopts HHS ’ s recommendation . You can find the ATACH Q & A at https :// atach . org / rescheduling .
One important question within the Q & A that I found was : How likely is it that the DEA will refuse to reschedule marijuana ?
A : It is unlikely that the DEA will not follow HHS ’ s recommendations even though they have a separate evaluation process . DEA generally defers to FDA in a rescheduling process . In light of DEA ’ s lack of aggressive law enforcement related to marijuana generally since passage of the Rohrabacher-Farr Amendment in 2015 , the fact that both HHS and the DEA are part of the same Administration which called for the review , it is unlikely DEA would not support the recommendation . That sounds encouraging ! Two more important ATACH Q & As are : Why not hold out for descheduling ( removing marijuana from the
Controlled Substances List )?
A : Descheduling is our strong preference , but was not offered as an option by HHS , and it is not politically viable . Nonetheless , rescheduling offers clear benefits , particularly considering how severe the restrictions are for Schedule I controlled substances .
Will this mean that the final goal of legalization ( descheduling ) will be harder to achieve ?
A : Significant reform in Washington often takes incremental change . As mentioned through this Q & A , even with rescheduling , these issues will not be fully resolved until we can remove marijuana from the list of controlled substances and treat it like alcohol . But we believe this change is a significant and important step forward .
This is indeed a step forward for consumers and the entire industry . How long will it take for the DEA to reclassify ? That is the unknown looming now . Soon , we hope !
The Q & A also noted : “ Perhaps most important to state-legal marijuana businesses , Schedule III [ rescheduling ] would remove 280E taxation that the IRS is currently misapplying to the cannabis industry .”
Ultimately , the DEA will reach its decision , and submit its recommendation in a formal proposal to the attorney general , who will make the final ruling . Let ’ s hope the snail-paced bureaucracy moves faster on this request than it has with the SAFE Banking Act , which would allow consumers to use credit cards for purchases and open a host of banking doors for those within the industry !
6 October 2023
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