WASHINGTON, May 16 (Reuters) - The U.S. Justice
Department on Thursday unveiled a historic proposal to ease
restrictions on marijuana, a rule that if enacted would also
enable more research on its medicinal benefits.
The proposal, first announced in April, would reclassify
cannabis from a so-called schedule one drug to a schedule three.
Schedule one drugs, such as heroin, are considered highly
addictive with no medical benefits, while schedule three drugs
are considered to have a moderate to low potential for physical
and psychological dependence.
The U.S. Food and Drug Administration said it found "some
credible scientific support for the use of marijuana in the
treatment of chronic pain, anorexia related to a medical
condition, and nausea and vomiting."
"Additionally, no safety concerns were identified in the
FDA's review that would indicate that medical use of marijuana
poses unacceptably high safety risks," the proposal says.
President Joe Biden, a Democrat who is running for
reelection in November, initiated a review of the drug's
classification in 2022, fulfilling a campaign promise that was
important to left-leaning members of his political base.
Currently, the drug falls under the Drug Enforcement
Administration's (DEA) class that includes heroin and LSD. It
would be moved to a group that contains ketamine and Tylenol
with codeine.
Reclassifying marijuana represents a first step toward
narrowing the chasm between state and federal cannabis laws. The
drug is legal in some form in nearly 40 states.
While rescheduling the drug does not make it legal, it would
open up the doors to more research and medical use, help lead to
potentially lighter criminal penalties and increase investment
in the cannabis sector.
In a new legal opinion made public on Thursday, the Justice
Department's Office of Legal Counsel criticized the DEA's
long-held approach for how it determines whether a drug has an
acceptable medical use, calling it "impermissibly narrow."
The opinion also found that the DEA should "accord
significant deference" to the U.S. Department of Health and
Human Services' (HHS) scientific and medical determinations.
According to the proposal, HHS's assistant secretary for
health recommended that the DEA should place marijuana into
schedule three back in August 2023.
The DEA, however, has yet to make its own determination.
If marijuana's classification were to ease at the federal
level, cannabis companies could reap significant benefits, such
as being eligible for listing on major stock exchanges and more
generous tax deductions.
Moreover, they could face fewer restrictions from banks.
With marijuana illegal federally, most U.S. banks do not lend to
or serve cannabis companies, prompting many to rely on cash
transactions.
The public will get 60 days to submit comments on the
Justice Department's proposal.
A public hearing on the proposal can also be requested.