In a recent announcement of plans to pardon people convicted of simple marijuana possession at the federal level, President Joe Biden also made it known that he has directed the U.S. Department of Health and Human Services (HHS) to review the decades-old classification of marijuana as a Schedule I substance. Common sense dictates that the only purpose for reviewing is to entertain the possibility of changes.
Both decisions are a bit surprising given that the president has historically taken a very conservative approach to marijuana. He has a history of opposing legalization at both the federal and state levels. We can all postulate as to why he suddenly seems to have had a change of heart, but any such conjectures are less important than the president’s directives themselves.
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On the Way to Schedule II
The pardon announcement is big in the sense that thousands of people convicted of simple possession are now slated to get relief. But in the grand scheme of things, the pardons will not amount to much. They will do little to alleviate prison overcrowding. They will have absolutely no effect on people convicted of trafficking and other more serious crimes.
On the other hand, the president’s decision to review marijuana’s Schedule I classification could ultimately turn out to be very important. As you may know, both houses of Congress have been working for the last two years to get an acceptable decriminalization bill to the president’s desk. The president himself has not promised he would sign a decriminalization bill.
If HHS comes back and recommends that marijuana be rescheduled as a Schedule II substance, the chances of getting a swift bill out of Congress is close to 100%. Few senators and representatives would argue against rescheduling so that marijuana could be researched more thoroughly and utilized more effectively as a medicine.
Rescheduling Chances Are Higher
When Joe Biden first took office in 2021, hopes were high that a decriminalization bill would be on his desk in a matter of months. The House, which had passed decriminalization bills in prior years, was quick to get their latest version pushed through. But things stalled in the Senate. Since then, Senate Democrat leader Chuck Schumer has failed in his attempts to get a bill passed.
In his way are just enough Senators unwilling to go for complete decriminalization? But at least some of them would likely support rescheduling. As pragmatic as it may sound, Schumer should go for rescheduling. It stands a much higher chance of approval than decriminalization.
What Rescheduling Would Mean
If Congress were to reschedule marijuana, what would it mean from a practical standpoint? Right off the bat, it would mean that state-legal cannabis businesses would no longer be dealing in a substance that is currently illicit under federal law. That is big all by itself. But it doesn’t stop there.
It would also mean that local businesses like Payson Utah’s, Pure Utah medical cannabis pharmacy would have easier access to traditional banking services – something they do not have access to right now. Rescheduling would free up banks to do business with them without fear of federal interference.
Perhaps most importantly, rescheduling marijuana would make it a lot easier for educational institutions, research organizations, and the private sector to do more research into the medical benefits of marijuana. To date, research has been limited by the plant’s status as a Schedule I substance.
All eyes are now on the HHS. A fast and thorough review has been promised, but such promises do not mean much when you are talking about the federal government.