The U.S. Drug Enforcement Administration kicked off a public comment period for its formal proposal to reclassify marijuana as a less dangerous substance. 

Under the framework published May 21 in the Federal Register, cannabis would no longer be considered a Schedule I narcotic. That category is reserved for drugs that have no accepted medical use and a high potential for abuse. Instead, it would be designated as a Schedule III substance under the Controlled Substances Act.

Cannabis would join a category that includes certain opioid-based pain medications, testosterone and anabolic steroids. However, it would remain illegal under federal law unless Congress decides to make legislative changes.

In a notice of proposed rulemaking, the DEA said the Department of Health and Human Services recommended the change because marijuana has a lower potential for abuse than Schedule I and II substances and has accepted medical use.

According to the notice, comments will be accepted until July 22.

The DEA will also allow requests through June 20 for a public hearing before an administrative law judge, according to the notice.

After the DEA reviews the comments and concludes any requested hearings, it will issue a final order to reschedule marijuana. The entire process could take anywhere from a few months to up to a year, the Associated Press noted. 

The agency’s move comes nine months after HHS initially advocated for the change after a review by the U.S. Food and Drug Administration.

What it means

The initial recommendation stems from an October 2022 statement from President Joe Biden. At that time, Biden asked HHS Secretary Xavier Becerra and Attorney General Merrick Garland to review how cannabis is classified under federal law as part of a wider marijuana reform effort.

In a May 16 video posted to his official account on X, Biden described the start of the rulemaking process as a “monumental” step forward. He said it was an important move toward reversing longstanding equities.

Too many lives have been upended because of our failed approach to marijuana.

So today, the @TheJusticeDept is taking the next step to reclassify marijuana from a Schedule I to a Schedule III drug under federal law.

Here’s what that means: pic.twitter.com/TMztSyyFYm

— President Biden (@POTUS) May 16, 2024

“Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs. You have my word on it,” the Democratic president said.

Vice President Kamala Harris also released a video, applauding the progress.

“Currently marijuana is classified on the same level as heroin and more dangerous than fentanyl. We are finally changing that. We are on the road to getting it done,” Harris said.

Despite cannabis being legalized in some form in most states, it remains illegal on the federal level, hindering the industry’s growth.

Rescheduling cannabis would make researching the drug easier — something that public health officials and scientists have sought for years. Studying cannabis to identify concrete medical benefits could open the door for pharmaceutical companies to get involved with the sale and distribution of medical marijuana in states where it is legal.

For the $34 billion cannabis industry the change would free business owners from Section 280E of the federal tax code. The rule prohibits legal cannabis companies from deducting most basic business expenses.

New Jersey policymakers have tried to give the state’s legalized cannabis industry some much-needed tax relief. by decoupling corporate business tax provisions from 280E. Several other states have made similar moves, including New York, California, Hawaii, Michigan, Colorado and Oregon.