At Biden's request, Justice Department starts federal reclassification of marijuana

May 16 (UPI) -- The Justice Department said Thursday that Attorney General Merrick Garland has submitted a notice to start the reclassification of marijuana from a Schedule I to Schedule III drug under the federal Controlled Substances Act.

It will ultimately remove marijuana from a category that includes lethal drugs such as heroin to a category including much milder drugs.

But it will not federally legalize marijuana.

The Justice Department said it's acting after "President Biden asked the Attorney General and the Secretary of Health and Human Services to launch a scientific review of how marijuana is scheduled under federal law."

In a Thursday X video post, Biden said, "This is monumental. Today, my administration took a major step to reclassify marijuana from a Schedule 1 drug to a Schedule 3 drug. It's an important move reversing longstanding inequities."

Biden added that he has already pardoned federal marijuana possession crimes and that "no one should be in jail merely for using or possessing marijuana."

"This proposal starts the process, where the Drug Enforcement Administration will gather and consider information and views submitted by the public, in order to make a determination about the appropriate schedule," the Justice Department said in a statement. "During that process, and until a final rule is published, marijuana remains a schedule I controlled substance."

The Justice Department said after getting a recommendation from Health and Human Services, the DOJ sought legal advice from its Office of Legal Counsel and decided to initiate the marijuana reclassification process.

According to the National Organization for the Reform of Marijuana Laws, 24 U.S. states have legalized marijuana.

It's also legal in the District of Columbia, Guam and the U.S. Virgin Islands.

NORML would like to see marijuana legal nationwide, removed from all federal DEA drug classifications.

According to a Gallup Poll in November 2023, public support for legal marijuana in the United States is at an all-time high of 70%.

There are several marijuana bills in Congress now, including the SAFER Banking Act to enable legal cannabis business to use the banking system and the HOPE Act to help reduce the financial and administrative burden on state and local governments for expungements of state marijuana offenses.

Sen. Tina Smith, D-Minn., has also introduced a bill to remove marijuana from the Controlled Substances Act.

"We should celebrate the fact we're finally changing course from the failed, racist legacy of the War on Drugs," she said on X.