From Schedule I to III: How Reclassifying Marijuana Could Change Everything
From Schedule I to III: How Reclassifying Marijuana Could Change Everything
Bottom line up front: the DEA has been asked to reschedule marijuana from schedule 1 to 3. I’ll talk about the CSA and all of the implications of marijuana becomone a schedule 3 drug, including the impact in the the workplace
Marijuana, currently classified as a Schedule I drug under the Controlled Substances Act (CSA), has been the subject of much debate and controversy over the years. Recently, President Joe Biden asked the Department of Health and Human Services (HHS) and the attorney general, who oversees the Drug Enforcement Administration (DEA), to review how marijuana is classified. Following this request, the HHS has asked the DEA in a letter to reschedule marijuana to a Schedule III drug. This article aims to analyze the consequences of such a move, with a focus on law enforcement, specifically in drug enforcement and DUI drug cases.
The Controlled Substances Act
The Controlled Substances Act (CSA) was enacted in 1970 as part of the Comprehensive Drug Abuse Prevention and Control Act. It is a federal drug policy that regulates the manufacture, importation, possession, use, and distribution of certain substances. The CSA categorizes drugs into five schedules (I-V) based on their potential for abuse, medical use, and safety or dependence liability.
Schedule I drugs are considered to have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Schedule III drugs, on the other hand, are considered to have a potential for abuse less than the drugs in Schedules I and II, a currently accepted medical use in treatment in the United States, and abuse may lead to moderate or low physical dependence or high psychological dependence.
The Current Status of Marijuana
Currently, marijuana is classified as a Schedule I drug, along with other substances such as heroin, LSD, and ecstasy. This classification means that it is considered to have a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision. This classification has been a subject of controversy as many states have legalized marijuana for medical and/or recreational use, and there is growing evidence of its potential medical benefits.
The Implications of Moving to Schedule III
Moving marijuana from Schedule I to Schedule III would have significant implications for various aspects of society:
Legal and Regulatory Implications: It would acknowledge its accepted medical use and safety under medical supervision, making it easier for states to legalize marijuana for medical and possibly recreational use, and for businesses to comply with state laws without fear of federal prosecution.
Research: It would facilitate more research by making it easier for researchers to access marijuana for clinical trials, leading to new medical treatments and a better understanding of the drug's risks and benefits.
Banking: It would alleviate some concerns of banks being implicated in money laundering or other federal crimes associated with Schedule I substances, making it easier for marijuana-related businesses to access banking services.
Taxes: It would likely make it easier for marijuana businesses to deduct expenses, leading to lower effective tax rates.
Public Perception: Moving marijuana to Schedule III, which includes substances like codeine and anabolic steroids, could lead to a shift in public perception and greater acceptance of its use for medical and recreational purposes.
International Implications: Changing its classification domestically could have implications for the United States' international obligations and relationships.
When it comes to marijuana in the workplace, these impacts may be felt in our workforce:
Marijuana in the Workplace
Moving marijuana from Schedule I to Schedule III of the Controlled Substances Act would have several implications for the workplace:
Drug Testing: Employers may still conduct drug testing and maintain drug-free workplace policies. However, with the reclassification of marijuana, there may be increased pressure on employers to reconsider their policies on marijuana use, particularly for medical purposes. Some states already have laws that protect medical marijuana users from employment discrimination, and this change could lead to more states adopting similar protections. However, employers in safety-sensitive industries, such as transportation and healthcare, may still be required to maintain strict drug testing policies to ensure public safety.
Impairment at Work: Employers have a responsibility to maintain a safe and productive work environment. Even if marijuana is reclassified, employers may still prohibit its use during work hours or while on company property to prevent impairment at work. Employers may also continue to prohibit marijuana use for employees in safety-sensitive positions.
Employee Rights: Employees using marijuana for medical purposes may have more legal protections if marijuana is moved to Schedule III. Currently, employees using medical marijuana are not protected under the Americans with Disabilities Act (ADA) because it is a Schedule I substance. Reclassification could lead to increased legal protections for employees using marijuana for medical purposes.
Insurance: Workers' compensation and health insurance policies may be affected. Insurance companies may reconsider their policies on covering medical marijuana as a treatment option if it is reclassified.
Federal Contractors: Federal contractors and grantees are currently required to maintain drug-free workplaces under the Drug-Free Workplace Act. Reclassification of marijuana may lead to changes in these requirements, although it is unclear how the federal government would adjust its policies.
It is important to note that while this change would have significant implications, it would not fully legalize marijuana at the federal level. It would still be a controlled substance, subject to federal regulations. Additionally, state laws regarding marijuana would not be directly affected by this change, although it could influence state-level decisions about legalization and regulation.
Analysis
Legalization on the federal level may happen whether we want it or not. This is just the first step. Expect to see an increase in cannabis use, increases in DUI cannabis, as well as increases in DUI fatalities and workplace injuries due to cannabis impairment. Although cannabis companies may not become flush with money, this will obviously benefit them financially.
This is just the first step is the great truth of this article. I was told by a friend who was running point on this issue about nine years ago, it's coming and it's just a matter of time and money. Medical rumors of weed's health benefits have been circulating for nearly fifty years. Medical cannabis is even in an episode of Barney Miller. We know conclusively that it doesn't prevent or cure COVID and where it , subjectively, eases nausea in chemo patients would only count as a remedy. It's coming. It has no medical purpose. It's all about money and nothing else. Great job KG on this article.