The White House has announced that the decision to reclassify marijuana now rests with the Justice Department, following a recommendation from the leading federal health authority to lower cannabis’ classification, which was based on thorough evidence.
At a recent press briefing, when queried about the discrepancy between federal and state cannabis policies and if the administration will support improved safety standards through legalization, Press Secretary Karine Jean-Pierre provided a summary of the marijuana rescheduling process initiated by President Joe Biden in October 2022.
She highlighted that the Department of Health and Human Services (HHS) has concluded its review and suggested that the Drug Enforcement Administration (DEA) should downgrade marijuana from Schedule I to Schedule III within the Controlled Substances Act (CSA).
Jean-Pierre emphasized that the review was independent and evidence-based. She stated, “The review is now under the jurisdiction of the DOJ, which will determine the appropriate time and method for any further input.”
“At this stage, with HHS having finished their evaluation, it’s over to the Department of Justice,” she continued. “They are the ones currently handling the matter of marijuana rescheduling.”
While the DEA has not specified when it will finalize and present its cannabis assessment, anticipation is high for a decision before the upcoming November elections. This expectation stems from both historical scheduling practices and the Biden administration’s proactive approach to overseeing this process.
President Biden has been actively promoting his directives on marijuana scheduling and the cannabis pardons he granted, including in his declaration of April as “Second Chance Month.”
Last month, during his State of the Union address, Biden placed his administration’s marijuana policies in a broader historical framework.
Additionally, Vice President Kamala Harris has called on the DEA to expedite the rescheduling of marijuana “as quickly as possible.” During a roundtable with pardon recipients, she confidentially expressed the necessity to legalize marijuana.
Meanwhile, the head of the Food and Drug Administration (FDA) under HHS, during a conversation with congressional members last week, asserted that there is “no reason” for DEA to “delay” the decision on marijuana rescheduling.
A DEA representative recently mentioned that the agency typically takes about six months to process health officials’ scheduling recommendations. This timeline aligns closely with the ongoing evaluation of cannabis by the DEA.
Last month, HHS Secretary Xavier Becerra supported the rescheduling recommendation at a Senate committee hearing and encouraged cannabis lobbyist Don Murphy to personally visit the DEA for updates on the timing of their decision.
According to insiders who spoke with The Wall Street Journal, some DEA officials are challenging the administration’s push to reschedule marijuana, disputing the conclusions of the HHS about marijuana’s safety and medicinal benefits.