The Biden administration has taken a significant step towards fulfilling a key campaign promise made by President Joe Biden in 2019. Attorney General Merrick Garland announced a proposal to reclassify marijuana as a Schedule III controlled substance. This move could have substantial legal and social implications, reflecting a shift in federal drug policy that has been long advocated by reform proponents.

Marijuana is currently classified under Schedule I of the Controlled Substances Act, which is reserved for drugs that are considered to have a high potential for abuse and no accepted medical use, sharing the category with substances like heroin, ecstasy, and LSD. The reclassification proposal aims to place marijuana in Schedule III, a category that includes substances such as ketamine and Tylenol with codeine, which are regarded as having a lower potential for abuse and accepted medical use.

Drug Classification Schedules in U.S. Federal Law

The classification of drugs into schedules in the United States is a critical component of federal drug policy, administered under the Controlled Substances Act (CSA). These schedules categorize drugs based on their accepted medical use, potential for abuse, and likelihood of causing dependence when abused. Here’s a breakdown of the different schedules:

Schedule I

Drugs under Schedule I are considered the most dangerous and have a high potential for abuse, with no accepted medical use in treatment in the United States. These substances also have a lack of accepted safety for use under medical supervision. Examples include heroin, LSD, marijuana (prior to any reclassification), ecstasy, and peyote.

Schedule II

Schedule II drugs are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples include cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

Schedule III

Schedule III drugs are substances or chemicals with a moderate to low potential for physical and psychological dependence. These drugs have an accepted medical use, but abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.

Schedule IV

Drugs and other substances in Schedule IV are considered to have a low potential for abuse relative to substances in Schedule III. These include drugs that have a current accepted medical use in treatment in the U.S. Abuse of the drug may lead to limited physical or psychological dependence relative to the drugs or other substances in Schedule III. Examples include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.

Schedule V

Schedule V drugs are substances or chemicals that have a lower potential for abuse than Schedule IV drugs and consist of preparations containing limited quantities of certain narcotics. These drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples include cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.

Implications of Reclassification

The reclassification of a drug, such as the proposed move of marijuana from Schedule I to Schedule III, indicates a significant change in how the government views the substance in terms of danger, abuse potential, and medical applicability. This shift can lead to changes in prescribing abilities, research opportunities, and legal implications for possession and use.

The Justice Department, under Garland's direction, plans to publish the proposal in the Federal Register, initiating a period for public comment. This process allows citizens and stakeholders to express their views on the reclassification, which will be considered by federal agencies before making a final decision. The timeline for these steps has not yet been specified, but the move has already sparked considerable public and political interest.

President Biden's commitment to decriminalize marijuana and expunge prior convictions for its use was part of his 2019 presidential campaign. In the lead-up to the 2022 midterm elections, he reiterated his stance, highlighting the administration's efforts to review marijuana's classification. The push for reclassification is seen as a strategy to galvanize young voters and voters of color, key demographics for the Democratic Party, as it prepares for upcoming elections.

The Department of Health and Human Services (HHS) completed its part of the review last year, recommending the downgrading of marijuana to Schedule III. This recommendation was forwarded to the Drug Enforcement Agency (DEA), emphasizing the need for updated regulations that reflect the current understanding and societal acceptance of marijuana, particularly for medical use.