Six Democratic governors, including Jared Polis of Colorado, are calling on President Biden to reclassify cannabis as Schedule III by the end of the year.
This decision, which follows a recommendation from the U.S. Department of Health and Human Services (DHHS) and the Food and Drug Administration (FDA) dated August, would have far-reaching implications for the cannabis industry, public health and state economies. Governors say the reassessment could bring substantial economic benefits and align with the sentiments of the majority of Americans, who support legalizing cannabis for medical or recreational purposes.
Relieve the economy, public safety and health
These governors put forward different arguments to explain the need to classify cannabis in a list of controlled substances that are less restrictive than today.
On the one hand, they emphasize the economic advantages of a revaluation of cannabis. According to the governors, “reclassification to Schedule III will ease the restrictions of Section 280E of the tax code, allowing cannabis-related businesses to benefit from regular business deductions, like all other U.S. businesses.”
They estimate the potential savings of moving cannabis businesses to a standard federal tax rate of 21% per year, compared to the current effective tax rate of up to 80%.
Beyond economic considerations, governors say reevaluating cannabis would be a “big win for states” and can improve public health and safety. They say a state-regulated cannabis market is safer than other options, such as opioids, which claimed more than 80,000 lives last year in the United States.
According to governors, cannabis use has not caused any deaths, showing the relative safety of a regulated cannabis market. They also address concerns about unregulated cannabis, including adulterated hemp products and the presence of fentanyl in illegal cannabis [ndlr : qui n’existe pas]thus expressing the need for a comprehensive regulatory framework.
The role of the DEA and the oppositions
The time frame within which the Drug Enforcement Administration (DEA) will complete its reclassification review remains uncertain, but experts believe it could be done by the end of the year. In particular, the DEA is expected to follow the FDA’s scientific evaluation, which is based on evidence of medical use and treatment in the United States and a comparative assessment of the potential for abuse with other scheduled drugs. . Legal experts predict that the DEA will likely align with the FDA’s recommendation due to its scientific nature.
However, challenges loom on the horizon, mainly in the form of opposition from different actors. Former DEA officials and White House drug czars have raised concerns and opposed the classification change. Additionally, members of Congress, including 14 Republicans, have questioned the measure, emphasizing the need to make decisions based on evidence rather than changing them based on public opinion or state laws.
Groups such as Smart Approaches to Marijuanaformer DEA administrators and directors of the National Drug Policy oppose the measure, saying cannabis should remain a Schedule I drug. Their objections include cannabis use disorders, the increasing concentration of THC, and the lack of published double-blind studies demonstrating the safety and effectiveness of cannabis.
