U.S. Government Moves to Reclassify Marijuana as Less Dangerous But Still Illegal Drug
The U.S. Drug Enforcement Administration (DEA) — a component of the U.S. Department of Justice (DOJ) — “will move to reclassify marijuana as a less dangerous drug” that would still be illegal under federal law, according to a news report from the Associated Press (AP) confirmed to the AP by people familiar with the matter who spoke on the condition of anonymity.
“The proposal, which still must be reviewed by the White House Office of Management and Budget [OMB], would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs. However, it would not legalize marijuana outright for recreational use,” the Associated Press reported on April 30, 2024.
“Once OMB signs off, the DEA will take public comment on the plan to move marijuana from its current classification as a Schedule I drug, alongside heroin and LSD. It moves pot to Schedule III, alongside ketamine and some anabolic steroids. After the public comment period and a review by an administrative judge, the agency would eventually publish the final rule.”
The move comes after U.S. President Joe Biden issued a “Statement on Marijuana Reform” in October 2022 that said imposing jailtime for possessing marijuana had “incarcerated people for conduct that many states no longer prohibit. Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities.”
The Statement announced three steps to end this failed approach: 1.) pardoning all prior Federal offenses of simple possession of marijuana, 2.) urging all Governors to do the same for state offenses, and 3.) asking the Secretary of the U.S. Department of Health and Human Services (HHS) and the Attorney General to review how marijuana is scheduled under federal law.
In August 2023, following the request made by President Biden, the Secretary of HHS sent the DEA a letter recommending that marijuana be “controlled in Schedule III” in the Controlled Substances Act (CSA). The letter indicated that the U.S. Food and Drug Administration (FDA) – a federal agency of the HHS – found marijuana “meets the findings for control in Schedule III.”
ClearStar is a global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers Drug Screening Compliance Packages, a Marijuana Legality Interactive Map, and a State Drug Testing Laws Interactive Map to help them comply with drug testing laws. To learn more, contact ClearStar.
© 2024 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
