by Joe Klare
Rumors abound in the cannabis community that the federal government is going to move marijuana from Schedule 1 – where is currently resides under the Controlled Substances Act – to Schedule 2. It seems like a small thing on the surface, but the possible move has many ramifications.
Related: Is the DEA Getting Ready to Reschedule Marijuana?
An anonymous attorney from the Drug Enforcement Administration recently told a reporter that the DEA is planning on moving marijuana from Schedule 1 to Schedule 2 on August 1st. This move would free up research on the cannabis plant as well as allow all 50 states a free hand in deciding on their own medical marijuana policies without the threat of federal enforcement hanging over their heads. In other words, on a federal level, medical cannabis would be legal.
This is all great news for those who oppose marijuana prohibition. But a move to Schedule 2 is not without its drawbacks. As things stand now, the federal government does not regulate marijuana; instead the DEA enforces its prohibition. But under Schedule 2 cannabis could come under the purview of the Food and Drug Administration, something that could put the legality of the plant into a regulatory nightmare.
Under Schedule 2 marijuana would likely end up being regulated similarly to prescription pills like Oxycodone. Many existing small businesses in the medical cannabis industry would be unable to afford new regulations and end up being forced out in favor of big pharmaceutical companies that not only have the budget to withstand regulations, but the experience with operating under Schedule 2 that companies in the marijuana industry simply don’t have. Legal medical cannabis could end up as only certain extracts in pill form; whole plant cannabis, instead of being prohibited, could be regulated completely out of the legal industry.
Of course, much of this is guesswork as we await the final decision from the DEA and see how it all plays out. But taking marijuana totally off the Schedule and letting states decide their own policy on all aspects of marijuana would be a far better solution than just a move to Schedule 2. After all, when have you known federal government regulations to make an industry better off?
