Marijuana Reclassification: What changes? Who cares?
HOUSTON - Sources with the Associated Press report on April 30 that the U.S. Drug Enforcement Administration will move to reclassify marijuana.
This proposal, if passed, would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation’s most dangerous drugs - moving it from a schedule I drug to a schedule III drug in the eyes of the federal government.
However, it would not legalize marijuana outright for recreational use.
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What are schedule I and III drugs? What does this mean?
According to the DEA's website, Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependency potential.
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone
Will this affect how marijuana crimes are prosecuted here in Texas?
In short, not really. At least, not immediately. According to former prosecutor and Criminal Defense Attorney Anthony Osso, the drug class change won't have a huge impact on state courthouses.
"I don't think there's going to be an immediate impact or a huge impact rescheduling has to do on the federal law and the federal drug schedule. It's not going to decriminalize marijuana in the state of Texas," he said.
He says Harris County has decriminalized marijuana, so this new federal move won't directly impact penalties tied to marijuana charges.
But other counties in Texas haven't decriminalized marijuana. So, he says there's a possibility that this move could influencebroader decriminalization in the state.
Will this impact medical marijuana in Texas?
It sure will, according to Oncologist & Medical Marijuana Physician Dr. Mark McBath. He says his office in Houston serves about 4,000 patients currently, and he hopes this move will make it more available for those people.
He says the reclassification would allow insurance companies to step in and cover some costs of marijuana treatment.
He says another big change - accessibility to cannabis for research.
"I think the most important thing for everybody concerned is the fact that research will be able to be carried on," he said.
He says a lot of hurdles will be taken down, meaning more can be learned about the drug.
What financial impacts can this have?
Financially, this change will impact those in the marijuana business and those who invest in it.
Daniel Shortt, attorney with Attorney Mcglinchey Stafford in Washington says this means a huge tax break for business owners.
"There is a provision in the fed tax law, internal revenue code 280E, that prohibits a business trafficking a schedule II or II substances taking deductions," he said.
This new classification would lift that regulation and allow those in the canna-business to use standard deductions like any other business.
Marijuana is the most commonly used federally illegal drug in the U.S., according to the Centers for Disease Control and Prevention, with an estimated 48.2 million users nationwide in 2019, which has only increased since then, with states continuing to legalize recreational and medical cannabis use.
This proposal still must be reviewed by the White House Office of Management and Budget before going into action.
