The Biden administration proposed reclassifying marijuana as a less dangerous drug, a historic move aligning federal policy with public opinion.
“No one should be in jail merely for using or possessing marijuana. Biden stated in a video message. He emphasized, “Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs.”
Since 1970, marijuana has been classified as a Schedule I drug under the Controlled Substances Act (CSA), the same category as heroin, ecstasy, and LSD, indicating it has no accepted medical use and a high potential for abuse. The new proposal would reclassify it as a Schedule III drug, grouping it with substances like ketamine and codeine-based painkillers, which are considered to have a moderate to low potential for dependence.
This reclassification would not legalize marijuana but could reduce federal-level arrests. The Biden administration announced the proposal at the end of April, and the Justice Department officially began the process on Thursday. Marijuana will remain a controlled substance until the process, which includes a public comment period and possibly a judge’s hearing, is completed.
In 2022, Biden became the first president to initiate a federal review of marijuana policy. This issue is seen as a potential vote-winner for Biden in his upcoming election rematch against Republican Donald Trump, particularly among younger voters.
A Pew Research Center survey found that 88 percent of Americans believe marijuana should be legal for medical or recreational use, while only 11 percent think it should remain entirely illegal.
Cannabis was first banned at the federal level in 1937, a decision critics argue was rooted in racist ideologies linking the drug to jazz music, the Black community, and Mexican immigrants. The “War on Drugs” in the 1970s disproportionately affected minorities, before the medical marijuana movement gained momentum in the 1990s. In 2012, states began legalizing recreational cannabis for adults.
Today, cannabis is a multibillion-dollar industry in the U.S., with more than half of the states, including California and New York, legalizing recreational and medicinal use. However, racial minorities, particularly Black Americans, are disproportionately represented in marijuana-related arrests.
“This decision is monumental,” the NAACP stated on X (formerly Twitter). “Far too many Black Americans have fallen victim to a system designed for their demise.”
Despite marijuana’s national-level controlled substance status, everyone involved in the industry is technically breaking federal law. This classification hinders businesses from accessing banking services, stops federal funding for medical marijuana research, and prevents interstate commerce and federal regulation on best practices.
Reclassification would also allow businesses to deduct operating expenses from their taxes, which is currently prohibited.
