Matthew Cavedon
If you blinked, you probably missed it: In the same press conference where he announced a federal takeover of DC policing, President Trump also mentioned that he is considering rescheduling marijuana. This small but positive move would build on efforts started under President Biden.
For half a century now, marijuana has been classified under Schedule I of the Controlled Substances Act. That makes it a federal crime to manufacture, distribute, or dispense cannabis. (Separately, it is also a federal crime to possess it.) Theoretically, falling under Section I is supposed to be based on a substance having “no currently accepted medical use in treatment” and “a lack of accepted safety for use … under medical supervision.” In reality, the absolute federal prohibition of marijuana is based not on medicine and science but on political judgments about morality and risks.
Even though state-level legalizations of marijuana and federal decisions to limit enforcement efforts have changed much of the legal landscape for cannabis, its Schedule I classification still has practical effects. This places high barriers on researchers seeking to study marijuana’s effects and blocks cannabis-related businesses from claiming federal income-tax deductions.
The president is considering reclassifying marijuana under Schedule III. While this would not legalize the drug, it would recognize what is apparent to 47 states, three territories, and DC—marijuana “has a currently accepted medical use in treatment.” In addition to easing research and tax burdens, reclassification could help destigmatize cannabis. It could also reignite long-stalled efforts in Congress to pass the SAFER Banking Act, which would let banks and other financial companies work with marijuana-related businesses.
Further, as a matter of policing, acknowledging medical marijuana’s existence could reduce the probable cause associated with the drug’s odor. That might mean fewer marijuana-related traffic stops, body searches, and arrests, depending on the significance the courts give the reclassification.
President Trump’s press conference announced big steps backward from sane policing and toward a dangerous militarized model. While it may be little consolation, at least he also mentioned the possibility of a minor de-escalation in the War on Drugs. The better path forward would be respecting the proper role of the federal government by ending the failed prohibition regime altogether, as well as legalizing drug use in the states. Society can tolerate and reasonably regulate marijuana as a minor vice like alcohol. Society should also realize that criminalizing even harmful drug addiction is a blunt instrument for what is ultimately a medical and moral concern.