The New York State Bar Association has submitted comments supporting the Biden Administration’s plan to reclassify marijuana on the federal controlled substance list from a Schedule 1 to a Schedule 3 drug. If the move is adopted, this will be the most significant change in U.S. drug policy in decades.
Schedule 1 is the most severe classification for drugs deemed to have no medical value coupled with the high potential for abuse. Schedule 3 drugs are considered to have valid medical use but still with some potential for abuse.
In January of 2020, the association adopted a cutting-edge report on marijuana regulation. The policy recommendations included in the report became official policy of the association.
Specifically, the policy states: “As states seek to regulate adult use marijuana, the conflict with existing federal regulations hinders the ability of states to craft effective and legal policies. Congress should enact legislation that: (1) exempts from the Controlled Substances Act any production, distribution, possession, or use of marijuana carried out in compliance with state laws; (2) removes marijuana from Schedule 1 of the Controlled Substances Act; and (3) encourages scientific research into the efficacy, dose, administration, or side effects of commonly used and commercially available cannabis products in the U.S. These provisions were endorsed by the American Bar Association in 2019.”
The association has lobbied Congress for these changes for the past few years.
The 2020 report was submitted with a cover letter from association President Domenick Napoletano to the Department of Justice during the comment period.
There is no announced time for when the administration will finalize the change. But, it is likely that President Biden will want to ensure its implementation before the end of his term. The evolution of his position on drug policy would be part of his public policy legacy. However, there are many requirements that must be met before implementation of the change. And of course, a new administration can begin the process to change the rule if so desired.
New York State Bar Association Supports Reclassification of Marijuana
