DOJ Proposes Rule to Loosen Federal Marijuana Restrictions
The Department of Justice (DOJ) proposed what could be the biggest change in federal drug policy in 50 years.
DOJ published a proposed rule in the federal register that would reclassify marijuana from a Schedule I controlled substance (the most restrictive federal category), to a Schedule III controlled substance.
While Schedule I substances are considered to have no medical use and high potential for abuse, Schedule III substances are determined to have medical benefits and some potential for abuse.
Marijuana has been classified as a Schedule I substance since the Controlled Substances Act became law in 1970.
The proposed rule does not legalize marijuana for recreational use. It would not change how marijuana is treated by the federal government as an employer.
The change comes after President Biden asked Attorney General Merrick Garland and the Department of Health and Human Services (HHS) to review whether marijuana should be reclassified.
“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,” President Biden said in a video announcing the plans to loosen federal marijuana restrictions.
DEA Sidelined
One DOJ subcomponent that is reportedly not thrilled with the developments is the Drug Enforcement Administration (DEA).
DEA Administrator Anne Milgram did not sign to the attorney general’s rule, and in the 92-page order, there is a sentence that reads, “DEA has not yet made a determination as to its views of the appropriate schedule for marijuana.”
According to the Associated Press, DEA wanted more time for scientists to study whether marijuana had significant medical use.
Several current and former DEA officials told the AP, this may be political with the election looming, and President Biden wanting to woo voters.
“It’s crystal clear to me that the Justice Department hijacked the rescheduling process, placing politics above public safety,” said Derek Maltz, a retired agent who once headed the DEA’s Special Operations Division. “If there’s scientific evidence to support this decision, then so be it. But you’ve got to let the scientists evaluate it.”
DEA officials also note that while the Controlled Substances Act grants the attorney general responsibility for regulating the sale of dangerous drugs, federal law delegates authority to classify drugs to the DEA administrator.
Comments on the proposed rule are being accepted until July 22.