DEA proposal to reclassify Marijuana could impact Tennesseans
Potential Downgrade of Marijuana Classification Triggers Debate Among Lawmakers.
The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, and the potential change could create a ripple effect in Tennessee.
The federal government currently classifies marijuana as a Schedule I drug, along with heroin and LSD, which means it has a high chance of being abused or causing addiction.
However, the DEA wants to change marijuana to a Schedule III drug, and one Tennessee lawmaker told News 2 that could give Tennesseans access to medical cannabis in states that allow it.
“Tennessee has no laws per se that say it’s legal, but by definition with the FDA it is legal, so people could begin to buy it from Alabama where it is legally produced; other states. Florida has a great program where it’s legally produced,” Sen. Janice Bowling (R-Tullahoma) said.
Bowling has drafted legislation to create a medical cannabis program in Tennessee for years, similar to programs in 38 other states, but her bills have always failed. The main point of contention for lawmakers has been the fact that marijuana is a Schedule I drug.
Lt. Gov. Randy McNally (R-Speaker of the Senate) told News 2 in January he would be willing to start a conversation about medical cannabis in Tennessee if the federal government reclassified it to a less serious drug.
“It solves a lot of problems in that a doctor could prescribe it then, and I think it should be prescribed by a physician,” McNally said in a News 2 interview in Jan. 2024.
However, after news broke of the DEA’s plans, McNally told News 2 in a statement there would still be many issues to resolve if marijuana is downgraded to a Schedule III drug.
“I have consistently said the conversation over medical marijuana cannot start until it is downgraded from federal Schedule 1. Removal would only start the conversation in my mind. It would not end it,“ McNally said in a statement to News 2.
“Schedule III drugs are still tightly regulated and can only be dispensed by a pharmacist at the direction of a physician – and usually only for short term use. Recommended dosages would still have to be established and rules regarding how it would be dispensed would still have to be promulgated. And we already have the Tennessee Medical Cannabis Commission in place to deal with those issues — if there is a schedule change. But marijuana has not been downgraded at this time. The DEA has merely indicated an intention to start a long process. If the drug is actually removed from Schedule 1, I would be willing to reengage in the conversation. But until that day, the situation remains the same and so does my position.”
Some Democrats believe if the DEA successfully downgrades marijuana, it might be the change needed to push some Republicans over the edge when it comes to supporting medical cannabis legislation.
“I’ve ran a lot of legislation in regards to marijuana, and usually the reaction I get is that the federal government hasn’t done anything yet and until they do, we’re not comfortable doing it,” Rep. Jesse Chism (D-Memphis) said. “I believe this would make a few of my colleagues a little more comfortable in holding conversations about marijuana and even passing legislation in regards to the subject matter.”
Chairman of the Health Committee, Rep. Bryan Terry (R-Murfreesboro), who drafted a bill to decriminalize medical marijuana in 2021 told News 2 in a statement if the scheduling change becomes official, it would “allow for enhanced research opportunities and provide alternative treatment pathways for various medical conditions.”
“I am hopeful for our patients that cannabis will be taken off the Schedule 1 designation at the federal level,” Terry said in a statement to News 2. “Any change in scheduling will require state legislative action to address dosage levels, medical modalities and other public health considerations. I plan on being closely involved in that process next session.”
In addition, Sen. Bowling said she plans to present new legislation to create a medical cannabis program in Tennessee next session.
In order for the reclassification to become official, the proposal must be reviewed by the White House Office of Management and Budget before undergoing a public comment period and review from an administrative judge, which could be a long process.
