DOJ Legalizes Medical Marijuana But Stops Short of Rescheduling Cannabis
/By Pat Anson
In a major shift in U.S. drug policy, the Department of Justice is legalizing medical marijuana at the federal level by moving it from an illegal Schedule I controlled substance to a less restrictive Schedule III status, which allows for some medical use. Medical marijuana is most commonly used to treat pain, anxiety, insomnia and other health conditions.
The move by Acting Attorney General Todd Blanche affects medical marijuana sold under qualifying state issued licenses and a handful of FDA-approved drugs containing synthetic marijuana. It also makes it much easier for researchers to study cannabis and for cannabis companies to develop new products for medical use.
“The Department of Justice is delivering on President Trump’s promise to expand Americans’ access to medical treatment options,” Blanche said in a statement. “This rescheduling action allows for research on the safety and efficacy of this substance, ultimately providing patients with better care and doctors with more reliable information.”
Medical marijuana is already legal in 40 states and the District of Columbia, and 24 of these states and DC have also legalized recreational cannabis for adult use.
Blanche’s order stops short of legalizing recreational cannabis, which remains in the Schedule I category – for the time being. Hearings will begin this summer to consider rescheduling all cannabis from Schedule I to Schedule III. Until then, federal criminal laws still apply and interstate trafficking of cannabis remains illegal.
"While today's move is a historic step forward, it still falls well short of the comprehensive changes necessary to bring federal marijuana policy into the 21st century. Specifically, rescheduling fails to fully harmonize federal marijuana policy with the cannabis laws of many states, particularly the 24 states that have legalized its use and sale to adults," said Paul Armentano , Deputy Director of NORML, a marijuana advocacy group.
"In order to rectify this state/federal conflict, and in order to provide state governments with the explicit authority to establish their own cannabis regulatory policies — like they already possess with respect to alcohol — cannabis must be removed from the Controlled Substances Act altogether."
Blanche’s order also removes federal tax penalties from state-licensed marijuana dispensaries and operators, which inflated prices and restricted how businesses could operate financially. Many dispensaries are unable to get loans and can only accept cash payments because banks are reluctant to do business with them.
"This change levels the playing field and lowers these entities’ costs of doing business," Armentano said. "This change also likely benefits patients by resulting in lower overall prices for state-licensed retail medical products."
Rescheduling Slow Walked
Some marijuana advocates say the DOJ order doesn’t go far enough, and that federal agencies continue to slow walk meaningful reform.
“We should be clear-eyed about what this is and what it is not,” said Betty Aldworth, Chair of The Marijuana Policy Project. “Rescheduling is a step in the right direction, not a solution. It does not resolve the fundamental contradictions between federal and state law.
“It does not protect people from the legal consequences of cannabis use embedded in housing, immigration, employment, or family law. And it does not create a pathway for patients to access cannabis through insurance coverage, even when it may be safer or more effective than legal options.”
It was President Biden who initiated the rescheduling process four years ago, when he told the Department of Health and Human Services (HHS) to review the scientific evidence on cannabis and make a recommendation for rescheduling.
It took HHS nearly a year to complete its review, but further action was delayed by DOJ and DEA decisions to postpone public hearings until after the 2024 presidential election.
Last week, four months after signing an executive order instructing his administration to reschedule cannabis, President Trump was still complaining about how slow the process was.
“Will you get the rescheduling done, please?” Trump asked a federal health official. “They’re slow-walking me on rescheduling. OK, you’re going to get it done, right?”
The FDA has already approved four synthetic marijuana drug products: Epidiolex (cannabidiol), Marinol (dronabinol), Syndros (dronabinol), and Cesamet (nabilone). They require a prescription and are used to treat seizures, nausea, vomiting, and loss of appetite in select patients.
