DEA's Move Represents 'Progress But Not Justice'
DEA Proposes Landmark Rescheduling of Cannabis: What It Means for Justice Reform.
This week the Drug Enforcement Administration (DEA) has reportedly called for cannabis to be reclassified from Schedule I to Schedule III of the US Controlled Substances Act. This was the first time in history the DEA announced such a move, and it came about eight months after the Department of Health and Human Services requested marijuana reclassification.
Cannabis, in the same class of substances as heroin, LSD, meth and ecstasy, which means it has no accepted medical value and a high abuse potential. Placing it in the Schedule III category would put it next to ketamine, anabolic steroids, and testosterone, and the federal government would no longer consider it a risky substance.
Although cannabis would remain a controlled substance, rescheduling would reduce the obstacles faced by businesses and consumers. "The most important benefit for weed businesses would be tax relief regarding the issue of the IRS code 280E, which prohibits the marijuana industry from taking federal deductions," Michael Rosenblum, partner at Thompson Coburn LLP previously told Benzinga.
The question is – what does cannabis rescheduling mean for cannabis justice reform?
Progress But Not Justice
Last Prisoner Project (LPP), a nonprofit dedicated to gaining the release of people incarcerated due to the War on Drugs, stated that that will lead to "no changes in how the criminal legal system punishes cannabis users. Rescheduling is a peripheral change that signals the reevaluation of cannabis, but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system. In short, this announcement represents progress but not justice."
LPP helped organize the largest bipartisan group of cannabis advocates in Washington D.C. on April 18th, 2024 for the 420 Unity Day of Action to urge Congress and the President to take further action.
The LPP further highlighted that despite not achieving full legalization this "historic moment" must be used to push the fight for cannabis justice forward by: "broadening the scope of Biden's cannabis clemency action, working with Congress and certain administrative agencies to both provide retroactive relief and to reduce prospective cannabis criminal enforcement, and incentivizing states to provide broad retroactive relief, particularly in states that have adopted a fully legal cannabis market."
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Ending War On Medical Marijuana Patients
A think tank dedicated to cannabis free market principles, the American Cannabis Collective (ACC) called the DEA's decision to move cannabis from Schedule 1 to Schedule 3 a "pivotal moment."
The ACC however cautioned that "this does not end the War on Drugs, it ends the War on Patients."
"For far too long, patients have borne the brunt of this misguided war, facing unjust criminalization for seeking relief through cannabis," stated ACC co-founder Don Murphy. "Today, we get to stand proud and declare that it’s a good day to be a patient. This victory is not just for today’s patients but for all those who have bravely advocated for cannabis as medicine in the face of adversity,"
"While this move is undoubtedly a huge win for patients, we must not lose sight of the broader context. Moving cannabis to Schedule 3 does not mark the end of prohibition. We caution against any attempts to overstate the significance of this decision," reads the ACC's press release.
Carl Cameron, ACC co-founder followed up by saying that the work is far from over. "We will continue to work tirelessly until every patient has access to the relief they deserve, and the injustices of the war on drugs are finally brought to an end."
by Nina Zdinjak
