The White House issued an Executive Order that orders the Attorney General to take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the Controlled Substances Act in the most expeditious manner in accordance with Federal law.
While the rulemaking process will still take time to unfold, this action virtually solidifies that marijuana will be rescheduled. Over the last few years, there has been much discussion surrounding the possible rescheduling of marijuana from Schedule I to Schedule III – including recommendations from the Department of Health and Human Services, and rumblings from the DEA.
Rescheduling marijuana would not make it legal for recreational use, as schedule III drugs are still controlled substances and subject to rules and regulations, and people who traffic in them without permission could still face federal criminal prosecution. However, the change in schedule would have major ramifications for a wide range of marijuana-focused debates.
Marijuana’s current status as a Schedule I drug creates many roadblocks for clinical research, but this change will allow for greater clinical research, which could further shape the landscape of medical marijuana. First and foremost, drug developers would face fewer hurdles in creating medications derived from marijuana, which could result in FDA-approved medications. Additionally, an increase in clinical research could lead to greater insights that could better shape marijuana policies and therapies.
And in the realm of workers’ comp, many states have ruled against the reimbursement of marijuana in claims, even in the presence of medical necessity as per state medical marijuana programs, as marijuana’s status as a Schedule I drug created federal conflict. This change in schedule could remove that issue, meaning these precedents could be challenged. Additionally, federal banking restrictions against marijuana as a Schedule I drug would no longer be a concern for processing such transactions in claims.
