Biden administration plans to reclassify weed as a lower-risk drug. Here's what it means

The Biden administration could reclassify the federal government's position on marijuana, which would help decriminalize the drug.

The proposed plan would no longer consider cannabis a Schedule I drug – believed highly dangerous, addictive, and without medical use.

Here’s where the Biden administration's plan currently stands.

What is the Biden administration proposing?

The Drug Enforcement Administration’s proposal, which has to be reviewed by the White House Office of Management and Budget, would recognize the medical uses of cannabis, acknowledge it has less potential for abuse and reclassify cannabis as a Schedule III drug. It would not legalize cannabis for recreational use.

What is a scheduled drug?

According to the Texas State Board of Pharmacy, controlled (scheduled) drugs, substances, and certain chemicals are ones whose use and distribution are tightly controlled because of their abuse potential or risk. Controlled drugs are rated in the order of their abuse risk and placed in Schedules by the DEA.

Why is cannabis a Schedule 1 drug?

Recreational cannabis use in the U.S. has been around since the 20th century as well as movements to regulate its use, according to the National Institute of Health. However, in 1914, the Harrison Narcotics Tax Act was passed, which declared drug use a crime. There have been several laws that discouraged cannabis use and came with harsher penalties for doing so.

According to the NIH, California became the first State to make it illegal to possess cannabis. In the 1930s, the then U.S. Federal Bureau of Narcotics warned of the increasing abuse of cannabis, and by 1937, 23 States had criminalized possession. By 1970, the Controlled Substances Act passed, and the Federal government categorized marijuana as a Schedule I substance.

What are the current Schedule 1 drugs?

For decades, marijuana has been listed under the Controlled Substances Act as a Schedule I drug, alongside heroin, LSD and ecstasy. Schedule I drugs are outlawed under federal law level and deemed to be without accepted medical use.

According to the DEA, the following are examples of Schedule I drugs:

• Heroin

• Lysergic acid diethylamide (LSD)

• Cannabis

• Methamphetamine

• Methaqualone (Quaalude)

• Peyote

See full list of controlled substances here.

What are schedule III drugs?

According to the DEA, the following are examples of Schedule III drugs:

• Ketamine

• Anabolic steroids

• Testosterone

• Products containing less than 90mg of codeine per dosage unit

See full list of controlled substances here.

What's the difference between decriminalizing and legalizing weed?

There is a difference. According to the ACLU, drug decriminalization is the act of removing criminal sanctions against certain activities, including possession of drugs for personal use.

Legalization of marijuana would mean individuals 21 or older can possess certain amounts of cannabis freely under state or federal law, although it can still be regulated.

How many states have decriminalized cannabis?

According to the National Conference of State Legislatures, several states have passed legislation to decriminalize cannabis laws. "Although the law still classifies marijuana possession offenses as criminal, the offenses do not carry any threat of jail time," according to NORML.

Here are states that have decriminalized cannabis.

• Alaska

• New York

• New Jersey

• Connecticut

• Maine

• Minnesota

• New Mexico

• Rhode Island

• Massachusetts

• Delaware

• California

• Illinois

• Maryland

• Nevada

• Ohio

• Vermont

• Colorado

• District of Columbia

• Missouri

• Oregon

• Virginia

• Hawaii

• Nebraska

• Mississippi

• Louisiana

• North Carolina

Is weed legal in Texas?

Recreational use is still not legal in Texas. But there is low-level use through the Compassionate-Use Act. In 2015, Texas passed the Compassionate-Use Act, which allowed the first legal use of low-THC cannabis products in the state for patients with intractable epilepsy. It was expanded in 2019 and 2021 to include other conditions.

Marijuana laws in Texas are confusing. Here's a guide to know what is and isn't legal

In 2019, Gov. Greg Abbott signed House Bill 1325 into law. The law allows the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas, granted that they stay at 0.3% or less delta-9 THC level. This also includes products for consumable hemp products that contain cannabidiol (CBD), as well as other edible parts of the hemp plant.

Texas NORML has listed statutes that show the penalties for the amount of cannabis possession someone would have.

Texas cities and counties that have decriminalized marijuana

Here is a list of municipalities that have decriminalized local cannabis law.

• Austin

• Bexar County

• Cedar Park

• Dallas

• Denton

• Elgin

• Harker Heights

• Harris County

• Hays County

• Killeen

• Nueces County

• Plano County

• San Marcos

• Travis County

• Williamson County

This article originally appeared on Austin American-Statesman: DEA plans to reclassify marijuana as Schedule III drug: What it means