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Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.

Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.

Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.

Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.

Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.

Weeding Out: Marijuana's Blazing Trail from a Schedule I to a Schedule III Drug

The Drug Enforcement Administration (“DEA”) has just announced its intention to reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act (“CSA”) following a recommendation from the Department of Health and Human Services in August 2023. But is reclassification the “pot of gold” advocates have been searching for or is it too early to exhale?

Current Classification of Marijuana

Marijuana is currently classified as a Schedule I controlled dangerous substance under the CSA. As a Schedule I drug, marijuana is deemed to have no recognized medicinal value and a high potential for abuse, and is categorized alongside the most dangerous substances such as heroin and LSD. Thus, it is illegal to produce, dispense, or possess marijuana.

Impact of Reclassification of Marijuana to Schedule III

Reclassifying marijuana from a Schedule I to a Schedule III substance would relax the stringent federal controls of the drug. For example, it would acknowledge marijuana’s medicinal value and identify marijuana as having low potential for physical and psychological dependence. This would allow doctors to prescribe marijuana officially and not just recommend it to qualifying patients. It would also permit FDA oversight over prescription marijuana.

Additionally, reclassification of marijuana would allow cannabis businesses to deduct business expenses on federal filings, which is currently prohibited under Section 280E of the Internal Revenue Code.

However, reclassification would not impact the legal landscape surrounding recreational marijuana, which would remain illegal under federal law regardless of state laws to the contrary.

For employers, rescheduling marijuana will bring challenges. Employers will need to consider the distinct implications of recreational vs. medicinal marijuana, the latter of which may trigger federal disability and anti-discrimination laws. Employers will also need to figure out how to balance workplace safety with an employee's need to use medical marijuana. Employers should consult with legal counsel regarding policy revisions, safety regulations, and employee drug testing to limit claims/charges/lawsuits of discrimination due to employees’ marijuana use.

What’s Next?

Reclassification of marijuana will not be immediate. The DEA’s proposal must first be viewed by the White House Office of Management and Budget followed by a public comment period and other administrative processes as governed by the Administrative Procedures Act. Regardless of the timeline, hopes are not high that reclassification will resolve the legal quagmire surrounding marijuana.