Biden administration poised to weaken weed restrictions, a seismic shift from decades of harsh policies

The Department of Justice will significantly loosen federal cannabis restrictions, marking the biggest shift in drug laws in more than half a century.

The change follows a decade of seismic changes in cannabis policies across the country, with 24 states legalizing possession for adults — representing more than half of the U.S. population — and 38 states establishing medical marijuana programs.

The DOJ's decision was first reported by the Associated Press, and confirmed to POLITICO by an administration official familiar with the matter who was granted anonymity to speak candidly. That official stressed the move is not yet a done deal, but confirmed the process is heading toward a reclassification.

“If today’s reporting proves true, we will be one step closer to ending the failed war on drugs," Rep. Earl Blumenauer (D-Ore.) said in a statement. "The Biden-Harris Administration is listening.”

Cannabis is currently a schedule I drug on the Controlled Substances Act — the most severe classification, which means it is believed to have no medical uses and a high propensity for abuse. Heroin is in the same category.

The DOJ decision would move cannabis to schedule III, which means it's determined to have some medical benefits, as well as some potential for abuse. Once posted in the federal registry, the proposed rule to reclassify will undergo a public comment period before taking effect.

The DOJ declined to comment.

In October 2022, President Joe Biden issued an executive order instructing the Department of Health and Human Services to conduct a review of all available cannabis research and recommend if a change to the federal classification of cannabis was in order.

In August 2023, HHS sent a letter and a 252-page review to the DOJ recommending the change to Schedule III. In that review, which was released publicly in January, HHS concluded that marijuana is less harmful than other dangerous drugs and that there is credible evidence for its medical use.

Biden's moves to loosen weed restrictions could provide a boost for him politically, particularly among young voters. There is strong support for marijuana legalization, with polling consistently showing roughly two thirds of Americans back that policy. A recent national poll showed that 65 percent of 18- to 25-year-old likely voters expressed support for the administration’s recommendation to move marijuana to a less stringent classification under federal law, compared to just 14 percent who indicated opposition.

Biden spent decades on Capitol Hill supporting tough penalties for drug offenses, including cannabis crimes, but has stated repeatedly in recent years that no Americans should be in prison for possessing and using the drug. In December, the White House announced that it was issuing pardons for people who were convicted of minor marijuana offenses on federal land and in Washington, D.C.

Moving cannabis to schedule III will make it easier to research cannabis, something that scientists and public health officials have wanted for years. It also will move cannabis businesses out from under section 280E of the federal tax code, which prohibits them from writing off most basic business expenses and makes it exceedingly difficult to turn a profit.

The reduced tax burden will likely spur significant growth in the legal cannabis industry, which recorded roughly $35 billion in sales in 2023. Revenues are projected to surpass $70 billion by 2030.

The scheduling change does not impact criminal penalties around cannabis, which continues to be federally illegal.

A public comment period will follow the announcement of the DOJ's decision on cannabis' scheduling. Lawsuits challenging the move are also expected. Anti-legalization group Smart Approaches to Marijuana announced recently they would file a citizens' petition to have the DOJ move cannabis back into schedule I if they do decide to move it out of that category.

Adam Cancryn contributed to this report.