Rescheduling Marijuana May Not Be What You'd Expect Rescheduling may sound easy, but the results would not be what most people expect.
First, a look at where we are: Marijuana is a Schedule I narcotic under the Controlled Substances Act. That means, in the eyes of the federal government, it is highly addictive and has no medicinal value, and it is therefore completely illegal. Schedule III narcotics are what doctors typically prescribe. Moving marijuana to Schedule III has been thought of for years as “federal legalization,” but that is only partly true.
Federal marijuana legalization could come in two basic forms: rescheduling and de-scheduling. Rescheduling, or medical marijuana legalization, would change it from a Schedule I narcotic, completely illegal, to Schedule III, making it available through a prescription. De-scheduling, or federal recreational marijuana legalization, would remove marijuana from the Controlled Substances Act and regulate it separately, like alcohol.
Rescheduling may sound easy, but the results would not be what most people expect.
First, a look at where we are: Marijuana is a Schedule I narcotic under the Controlled Substances Act. That means, in the eyes of the federal government, it is highly addictive and has no medicinal value, and it is therefore completely illegal. Schedule III narcotics are what doctors typically prescribe. Moving marijuana to Schedule III has been thought of for years as “federal legalization,” but that is only partly true.
Federal marijuana legalization could come in two basic forms: rescheduling and de-scheduling. Rescheduling, or medical marijuana legalization, would change it from a Schedule I narcotic, completely illegal, to Schedule III, making it available through a prescription. De-scheduling, or federal recreational marijuana legalization, would remove marijuana from the Controlled Substances Act and regulate it separately, like alcohol.
If the DEA agrees with HHS's rescheduling recommendation, federal policymakers would then have to make major decisions. First, would medical marijuana be limited to only those with true medical needs, or would a broader customer base have access? Would the federal government allow smoking as a medical delivery mechanism through our highly regulated prescription system? Would prescription marijuana be available in the forms currently demanded by the recreational market, or only through traditional medicinal delivery mechanisms? It is likely that policymakers will take a somewhat restrictive approach to the ‘how’ of rescheduling, and therefore legalized medical marijuana would have a much smaller impact than many proponents anticipate.
Because of this, the federal government would almost certainly allow state recreational marijuana structures to continue to exist parallel to the federally legalized medical marijuana.
Therefore, it is likely that rescheduling would result in a hybrid system with medical marijuana available through physician-issued prescriptions to those truly in need, plus a state-legal recreational structure. While they may not be able to consume in all the ways they would like, patients could potentially have their prescription marijuana covered by insurance and would pay no sales tax on those purchases. The federal government could play a key role in creating uniform systems for testing, potency, portion size, tracking, packaging, labeling, consumer protection and enforcement, and each state would continue to have the autonomy to decide whether it will allow recreational marijuana, and if so, how to regulate it. Importantly, decriminalizing marijuana by removing it from Schedule I would eliminate a tax burden from recreational marijuana business and give a boost to the industry.
Rescheduling marijuana would be a significant step, but it would not be as impactful as many people believe.