Biden moves to reclassify marijuana as less dangerous. What do Hoosiers in Congress think?

The Justice Department took a major step Thursday toward officially reclassifying marijuana as a less dangerous drug under federal law, but it’s still unlikely to mean much for Hoosiers as the action would not fully legalize recreational use.

U.S. Attorney General Merrick Garland submitted a proposal to move marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act, but the drug will remain with heroin and LSD in the Schedule I category until a potentially lengthy federal public input process is finished.

While that is ongoing, Indiana’s Republican state lawmakers, which control both chambers at the Statehouse, have expressed minimal interest in dealing with debate or proposed state legislation on marijuana. In Washington D.C., the Controlled Substances Act gives the president’s administration power over drug scheduling. Congress could also vote to reschedule the drug if the body moves legislation, which seems unlikely.

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IndyStar reached out to the offices of all eleven elected Hoosiers in Congress to understand their position on the Justice Department’s reclassification proposal and their thoughts on if the federal government should legalize marijuana. Only four members of Congress responded.

Marijuana has been a Schedule I drug since the Controlled Substances Act became law in 1970, but in October 2022 President Joe Biden asked Garland and the Secretary of Health and Human Services to review marijuana’s current drug scheduling.

Here is what you need to know.

What does the proposal say?

The Justice Department seeks to move marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act.

According to the Justice Department’s notice about the proposal, the move is suggested to be “consistent” with the Department of Health and Human Services view that marijuana “has a currently accepted medical use.”

The Department of Health and Human Services conducted a review of marijuana in 2023 following Biden’s request to reconsider the drug’s classification.

Read the full rule change proposal here.

Are there any recent bills in Congress addressing marijuana?

At the start of May, a group of Democratic U.S. Senators introduced legislation to decriminalize and deschedule marijuana, but it has not moved beyond introduction and is unlikely to go anywhere in a Republican-led House.

Where do Mike Braun and Todd Young stand?

The Hoosier State’s two U.S. Senators — Republicans Todd Young and Mike Braun — both believe marijuana regulation should be left to the state level.

Braun, who is currently running for governor, does not support federally legalizing recreational marijuana, but has expressed openness to proposals on medical marijuana at the state level, said Zacharie Riddle, a spokesperson for Braun’s Senate office.

Marijuana is not among the top issues for Young, according to a statement from the senator’s office provided to IndyStar.

“He’s focused on the issues Hoosiers care about like border security, inflation, and countering China,” the statement reads. “However, he generally believes marijuana policy would be best addressed at the state level. Should any marijuana-related bills come up for a vote, he will give it careful consideration as he does all votes.”

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Where do Indiana’s U.S. House members stand?

Only two of the nine U.S. House members representing Hoosiers responded to IndyStar’s questions about their views on the Justice Department’s marijuana reclassification proposal.

Republican U.S. Rep. Jim Banks, who is running for the U.S. Senate seat being vacated by Braun, said through a spokesperson that he is against both changing marijuana’s drug scheduling and any federal recreational legalization efforts. Banks represents the 3rd Congressional District in northeast Indiana.

U.S. Rep. Andre Carson, who represents the 7th Congressional District in Indianapolis, lauded the move in a statement from his office.

"Today’s announcement represents a critical moment for social justice," Carson said in the statement. "Black Americans are imprisoned for marijuana use at disproportionally higher rates than their white counterparts. This affects families long after incarceration, placing barriers to housing, employment, and education, and this change is a step in the right direction."

Does any of this matter to Indiana?

According to a report from the Congressional Research Service, changing marijuana’s drug scheduling would not bring any state laws on medical or recreational marijuana use in line with federal laws. Indiana currently has no laws allowing medical or recreational use.

Contact IndyStar state government and politics reporter Brittany Carloni at brittany.carloni@indystar.com or 317-779-4468. Follow her on Twitter/X @CarloniBrittany.

This article originally appeared on Indianapolis Star: Indiana's Congressional delegation on Biden's proposed weed change