The Biden administration is moving toward easing federal restrictions on marijuana, marking a seismic shift in the way the federal government has handled the popular psychotropic drug.
Classified as a Schedule 1 drug alongside heroin, ecstasy and LSD for 50 years under the Controlled Substance Act, the Drug Enforcement Administration is proposing downgrading Marijuana to a Schedule 3 drug.
The proposal reflects the fact that dozens of states across the nation have legalized marijuana for medical and recreational purposes.
The news comes six months from the November election and amid lingering Democratic concerns that Mr. Biden’s message has failed to energize the party’s base — including young voters and communities of color.
Mr. Biden has sought to strengthen his image — and reelection odds — with a series of policy decisions aimed at broadening his support.
The White House last week announced it was delaying a decision to ban menthol-flavored cigarettes in response to “immense” blowback from minority and civil rights groups.
Mr. Biden also has revived his push for a student loan forgiveness plan that the U.S. Supreme Court blocked last year.
Polls show that younger generations and black voters are more supportive of easing marijuana restrictions and penalties.
Mr. Biden last year pardoned thousands of people who had been convicted of use and simple possession of marijuana on federal lands and the District of Columbia.
First reported by the Associated Press, the DEA proposal will be reviewed by the White House Office of Management and Budget and would not greenlight recreational use.
The rule change is expected to make it easier to study medical marijuana and could reduce the tax burden on marijuana businesses.
“DOJ continues to work on this rule,” said an administration official. “We have no further comment at this time.”
President Biden tasked the Department of Health and Human Services with providing a scheduling recommendation for marijuana to the DEA.
HHS late last summer endorsed rescheduling the drug, a move that would loosen criminal penalties for possession.
Marijuana has been considered a Schedule 1 drug since President Richard Nixon was in office.
The DEA defines those drugs as having “no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.”
Schedule 3 drugs are defined as having “moderate to low potential for physical and psychological dependence.”
Marijuana advocates cheered the news.
“It is significant for these federal agencies, and the DEA and FDA in particular, to acknowledge publicly for the first time what many patients and advocates have known for decades: that cannabis is a safe and effective therapeutic agent for tens of millions of Americans,” said Paul Armentano, deputy director of NORML.
Mr. Armentano, however, also warned that the proposal fails to address the “untenable divide between federal marijuana policy and the cannabis laws of the majority of US states.”
“Existing state legalization laws — both adult use and medical — will continue to be in conflict with federal regulations, thereby perpetuating the existing divide between state and federal marijuana policies,” he said.
Thirty-eight states have legalized medical marijuana and 24 states have legalized it for recreational use.
Kevin Sabet, president of Smart Approaches to Marijuana, criticized the decision, saying the Biden administration has not been transparent about its rule-making process and warned reversing decades of policy and reducing federal restrictions on marijuana jeopardizes public health and public safety.
“The Administration unilaterally reversed decades of precedent despite volumes of data confirming marijuana’s harmfulness,” Mr. Sabet said in a statement. “Moreover, a drug can be taken off Schedule I only if it has accepted medical use — raw, crude marijuana has never passed safety and efficacy protocols.”
“A drug isn’t medicine because it’s popular,” he said.
The vast majority of Americans, meanwhile, favor legalizing marijuana, according to a Pew Research survey released last month that showed 88% support legalizing the drug for medical or recreational use.
The poll found that 57% said marijuana should be legal for both medical and recreational use, while 32% said it should just be legal for medical purposes.
Democrats are far more optimistic than Republicans about recreational marijuana, with 64% saying it is good for local economies and 58% saying it makes the criminal justice system fair.
That compares to 41% of Republicans who say recreational legalization is good for local economies and 27% who say it is good for the criminal justice system.
• Seth McLaughlin can be reached at smclaughlin@washingtontimes.com.