It’s been one of the most prominent topics in the cannabis world since the news first went public at the end of last month, as the Department of Justice (DOJ) officially confirmed its intent to move cannabis from Schedule I to Schedule III of the federal Controlled Substances Act.
The move was highly anticipated, as President Joe Biden first called for a review of the drug’s status back in October 2022. While the president indeed acted as the catalyst that officially got the ball rolling, the White House declined to say whether Biden personally supports the plan to reschedule cannabis, Marijuana Moment first reported.
Reporters broached the topic of rescheduling cannabis on Wednesday with White House Press Secretary Karine Jean-Pierre affirming (as Biden has myriad times) that the president “doesn’t believe any American that possesses marijuana only should go to jail,” without giving a clear answer as to whether or not he actually supports rescheduling cannabis himself.
“We’re going to let that review process continue, so I’m not going to get ahead of that,” she said.
It’s nothing new, as Jean-Pierre has consistently avoided offering an official Biden administration stance on moving cannabis to Schedule III. Regardless, she recently shared that the review was part of Biden’s promises made prior to the 2020 election—even though Biden specifically said he would federally decriminalize cannabis on the campaign trail, something that rescheduling cannabis to Schedule III will not accomplish.
Along with this common refrain surrounding jail time and cannabis, Biden has often touted the pardons he’s issued for simple cannabis possession—despite the fact that these actions didn’t release anyone from prison nor did they expunge criminal records. Rather, the pardons acted as largely symbolic actions of formal forgiveness.
While Jean-Pierre wouldn’t confirm Biden’s position on cannabis rescheduling, she said that his stance surrounding incarceration and cannabis possession is why he directed the Department of Health and Human Services (HHS) and the DOJ to review the federal scheduling status of cannabis.
“They’re doing that—that process has moved—right?—went through HHS, now it’s at DOJ. I just don’t want to get ahead of that,” Jean-Pierre said.
The announcement that the Drug Enforcement Administration (DEA) would move to reclassify cannabis came on April 30, with the rescheduling move set to recognize the medical uses of cannabis and its lesser abuse potential compared to other drugs under the Schedule I category, like heroin, LSD, MDMA and peyote.
The change will also open the door for further research on cannabis and will allow cannabis businesses to deduct their related expenses on federal taxes, which will decrease their effective tax rate.
But even though Jean-Pierre said that the rescheduling proposal is still with the DOJ, the department has already confirmed that the review is complete. The proposal must still be reviewed by the White House Office of Management and Budget before it’s published in the Federal Register and opened for public comment, but it’s unclear as to where the rescheduling process currently stands.
The head of the DEA similarly told lawmakers earlier this week during a committee hearing that it would be “inappropriate” for her to comment on the move to reschedule cannabis as the rulemaking process is “ongoing.”
This comment ironically comes after others at the agency said in March that the DEA wants to remain transparent about the rescheduling process during a podcast, marking the first-ever public discourse on the DEA’s analysis of cannabis as a Schedule I drug on the CSA.
“I just think it’s important for people to—again, going back to correcting misperceptions and really the issue of transparency and, by us even doing this podcast, just to help people understand the process,” said Senior Prevention Program Manager Rich during an episode of the agency’s podcast “Prevention Profiles: Take Five,” adding, “We don’t want it to necessarily feel as if it’s behind this shroud of secrecy, which I think then lends itself to this idea that it’s a whole arbitrary process.”
In the midst of it all, a prominent group opposed to cannabis legalization has already attempted to rally supporters for money to prevent cannabis from moving to Schedule III. The group, Smart Approaches to Marijuana (SAM) said it would oppose the change “at every level,” even potentially pursuing legal action.
