According to sources with knowledge of the decision, the Biden administration is poised to reclassify marijuana from a Schedule I drug to a Schedule III drug, a historic step in the shifting landscape of U.S. drug policy.
As opposed to Schedule I, Schedule III drugs are considered to have medical benefits and less risk for abuse.
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Sources tell NBC News that the Drug Enforcement Administration is expected to approve an opinion from the Department of Health and Human Services, allowing medical cannabis research to begin.
This comes after President Biden directed the HHS in 2022 to review marijuana’s classification.
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The proposed reclassification recognizes marijuana as less likely to lead to addiction compared to its previous classification. However, it does not legalize recreational marijuana at the federal level, leaving the drug’s legal status subject to state laws.
Bradley Cobb is founder and CEO of Sunburn Cannabis, a medical marijuana treatment center in Florida, a former lawyer and former lobbyist.
“The name Sunburn Cannabis comes from my father's unique story in cannabis from 1977 to 1983 was one of the largest smugglers of cannabis in the history of the justice department. He was indicted, went to prison in what was dubbed ‘Operation Sunburn,’” he said.
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Cobb expressed bittersweet emotions over the decision, seeing it as both a vindication of his belief that marijuana should be treated like any other substance, and as an opportunity to erase the stigma associated with marijuana.
“It will now open up a myriad of services to both patients, as well as the operators serving it banking reform, tax reform. It'll serve as a springboard for broader reform to ultimately look at build to bring a lot of these transactions into the sunshine,” said Cobb.
The move also reflects a broader shift in public opinion. Twenty years ago, only 34% of Americans believed marijuana should be legal. Today, that figure has risen to 70%, with nearly half of U.S. states legalizing marijuana for recreational use.
Melba Pearson, director of prosecution projects at Florida International University, a former state prosecutor and former ACLU deputy director, noted the reclassification has reignited conversations around restorative justice.
“Now you see more states, especially notably California, looking at these cannabis convictions and saying, you know what? It's kind of unjust for someone to be serving time presently for something that is now legal or to not be able to apply for a job because they have this conviction for cannabis on their record,” Pearson said.
However, not everyone is pleased with the administration’s decision.
One opposition group, Smart Approaches to Marijuana (SAM), criticized the cannabis industry for heavily lobbying to sell what it described as “demonstrably harmful products.”
The group also accused the Biden administration of a “thinly veiled attempt to reverse polling trends.”
Nonetheless, experts suggest the move could garner political support in an election year, particularly among young and Black voters.
In Florida, where recreational marijuana remains illegal, voters will decide its fate in November through ballot initiative Amendment 3.