DEA to Hold Hearing on Reclassifying Marijuana as Drug With Lower Risk of Abuse

The proposal to be discussed would move marijuana from a Schedule I substance, defined as high risk of abuse, to a Schedule III, with some risk of abuse.

Marijuana plants in Poncitlan, Jalisco state, Mexico, on April 14, 2023. Ulises Ruiz/AFP via Getty Images

A hearing on rescheduling marijuana at the federal level will be held after the election near the end of the year, according to the U.S. Drug Enforcement Administration (DEA).

In May, the U.S. Department of Justice (DOJ) announced a proposed rule to move marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). Schedule I drugs are defined as posing a high risk for abuse. Schedule III drugs are considered to have a lower abuse potential.

On Thursday, a Federal Register notice stated that the DEA plans to convene a hearing on marijuana rescheduling after the November presidential race, on Dec. 2 at the DEA Hearing Facility in Arlington, Virginia.

President Joe Biden asked the U.S. attorney general and the secretary of Health and Human Services (HHS) in 2022 to conduct a review of how marijuana is scheduled under federal regulation.

After receiving HHS’s medical and scientific determinations and legal advice from the DOJ’s Office of Legal Counsel, the attorney general proposed the marijuana scheduling rule, the DOJ said in a May 16 statement.

The proposed rule is consistent with HHS’s view that marijuana “has a currently accepted medical use, has a potential for abuse less than the drugs or other substances in schedules I and II, and that its abuse may lead to moderate or low physical dependence or high psychological dependence,” according to the Federal Register.

The DEA received more than 42,000 comments on the proposal. Almost 70 percent supported federal decriminalization of the drug rather than just rescheduling, according to an analysis done by the Drug Policy Alliance, “the leading organization in the U.S. working to end the drug war,” according to its website.

Rescheduling marijuana would bring tax benefits for businesses engaged in its trade, the group said. In addition, some restrictions on marijuana research would be lifted. However, the rescheduling would not decriminalize marijuana at the federal level.

If marijuana is reclassified under Schedule III, the manufacture, distribution, dispensing, and possession would continue to remain “subject to the applicable criminal prohibitions of the CSA,” the Federal Register noted.

Support and Opposition

The proposal to bump marijuana from Schedule I to Schedule III gained support from the New York State Bar Association.

“When Congress placed marijuana on Schedule I nearly half a century ago, it never intended for its decision to be etched in stone. Since then, views of marijuana’s harms and benefits have evolved, and states have taken different paths to regulation within their borders,” it stated.

The Missouri Cannabis Trade Association called the rescheduling a “monumental policy shift” for the cannabis industry as well as for the normalization of cannabis use.

The group pointed out that small businesses in the state’s marijuana trade pay an effective tax rate of more than 70 percent since they are prohibited from deducting the wholesale costs of the product.

By removing marijuana from Schedule I, this “tax burden” would be eliminated and marijuana businesses would be treated like other small businesses, it said.

The nonprofit Substance Abuse Program Administrators Association (SAPAA) opposes the proposal, saying there is “significant potential” for marijuana abuse. It raised concerns about the substance’s “detrimental impact on health and public safety.”

“Marijuana users may exhibit cognitive impairment, anxiety, paranoia, and psychosis, and there is ongoing uncertainty about the full extent of its effects on health,“ the group said. ”Studies also indicate that marijuana use is associated with a higher likelihood of traffic accidents, emergency department visits, and workplace injuries.”

The International Association of Chiefs of Police expressed “strong opposition” to marijuana rescheduling, warning that it would significantly affect the police’s ability to protect the public.

The association noted that marijuana use impairs perception, judgment, and coordination, thereby “significantly increasing the risk of accidents and fatalities on roadways.”

“States that have legalized recreational marijuana, such as Colorado, have experienced notable increases in collision claim frequencies and marijuana-related traffic deaths,” the association said.

A particular concern is the effect of marijuana on young adults and adolescent populations. Marijuana use during crucial developmental phases can adversely affect brain development, lowering IQ and making children more susceptible to mental health issues such as schizophrenia and depression, it said.

Meanwhile, Republican presidential nominee and former President Donald Trump has expressed support for a ballot measure in Florida that seeks to legalize marijuana in the state.

“Whether people like it or not, this will happen through the approval of the Voters, so it should be done correctly,” he wrote on Truth Social.

The law would allow adults 21 and older to have up to three ounces of marijuana. At present, only patients with qualifying medical conditions are allowed to buy marijuana in Florida.

If marijuana gets legalized, the Legislature should ban its use in public places, Trump wrote in the post.

“At the same time, someone should not be a criminal in Florida, when this is legal in so many other States,“ he wrote. ”We do not need to ruin lives & waste Taxpayer Dollars arresting adults with personal amounts of it on them, and no one should grieve a loved one because they died from fentanyl laced marijuana.”

Vice President Kamala Harris’s presidential campaign responded by accusing Trump of a “brazen” flip-flop.

“As of this morning, Trump now suggests he is for legalizing marijuana—but as President, his own Justice Department cracked down on marijuana offenses,” Ian Sams, a longtime Harris communications aide who joined the campaign earlier this month, said in a memo obtained by ABC News.