Current Status of Marijuana Rescheduling and Legalization Efforts
Almost two years have passed since the Department of Health and Human Services suggested that the Drug Enforcement Administration (DEA) consider rescheduling marijuana in the United States. However, the progress on this recommendation has been impeded, especially since the process was halted in January.
Prospects for Rescheduling
Despite the ongoing delay, there remains a possibility for marijuana to be reclassified from a Schedule I to a Schedule III substance. Historically, similar rescheduling processes have taken many years, sometimes even decades, to resolve. According to Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), such delays are not unexpected.
In 1972, NORML first petitioned the DEA to reclassify cannabis as a Schedule II substance. The petition met mixed results over the years, with a notable recommendation for rescheduling made by a DEA law judge in 1988, which was subsequently rejected by the DEA two years later. Following a series of legal battles, the initiation of the rescheduling petition ultimately ceased in 1994.
Political Climate and Future Developments
One factor that could potentially revive the rescheduling process is President Donald Trump, who has previously voiced support for marijuana legalization. Heather Trela, director of operations at the Rockefeller Institute, expressed that if Trump prioritizes this issue, it might gain momentum. However, she noted that cannabis reform does not currently seem to be at the forefront of his agenda.
Key appointments within the administration may further influence the trajectory of marijuana policy, as individuals in leadership positions at essential agencies have shown little interest in advancing marijuana-related discussions.
Future of Legalization Initiatives
Reflecting on the changing landscape of cannabis laws, Armentano noted that it would have been difficult to imagine decades ago that 39 states would legalize medical marijuana and 24 states would permit adult-use marijuana, despite ongoing federal prohibition. He drew parallels to Prohibition, where states ultimately defied federal mandates regarding alcohol, leading to a shift in federal policy.
The recent bipartisan STATES 2.0 Act aims to address the federal prohibition of cannabis, granting states authority over their own cannabis regulations. According to Lauren Daly, interim executive director of the Marijuana Policy Project, the time for federal cannabis reform has arrived, given the legislative developments across numerous states.
Status of State-Level Reform
As of now, over three dozen states have legalized medical marijuana, while nearly half have enacted laws for recreational use among adults. Recent elections saw marijuana-related measures on ballots in multiple states, with only Nebraska passing its respective legislation.
Although the pace of successful marijuana legalization efforts has moderated, activities aimed at reforming existing laws continue. NORML reports tracking over 120 state-level cannabis legislative initiatives. However, some states are also working to amend or even roll back previously established laws, as seen in Ohio, where there are attempts to modify the state’s recreational marijuana law.
In states like Virginia, where possession is legal, complications arise from the lack of a sales framework, leaving consumers without legal purchase options. Daly cautioned against assuming that legalization is an inevitable outcome, stressing the continued need for advocacy and legislative work in this domain.
