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US Department of Justice reclassifies specific cannabis products from Schedule I to Schedule III under Trump administration directive

The shift aligns certain marijuana products with substances like Tylenol with codeine to facilitate research, while a June hearing is scheduled to consider a broader reclassification of all marijuana

Author
Adrian Cole
Political Correspondent
Published
Draft
Source: BBC World · original
Trump administration reclassifies cannabis as less dangerous
Acting Attorney General Todd Blanche moves FDA-covered and state-licensed products to a lower risk category, though federal illegality remains for the broader substance

The US Department of Justice has officially reclassified specific cannabis products from Schedule I narcotic to Schedule III drug under the direction of President Donald Trump. Acting Attorney General Todd Blanche issued the order on Thursday, moving products covered by the Food and Drug Administration or holding state medical-marijuana licences to a category on par with substances such as Tylenol with codeine. This administrative action marks a significant shift in the regulatory framework for federally recognised cannabis products, aiming to increase access to medical treatment and facilitate research into the substance's safety and efficacy.

The reclassification does not immediately alter the federal legal status of all marijuana, which remains illegal at the federal level despite the change. The new classification applies specifically to products with existing FDA coverage or state medical licences, leaving the broader regulatory landscape unchanged for unlicensed substances. Blanche stated that the move allows for research that was previously stalled by the Schedule I definition, which had classified the drug as having a high potential for abuse and no currently accepted medical use.

A hearing to consider reclassifying all marijuana more broadly is scheduled for later this year, specifically in June. This follows a directive from President Trump last year to begin the reclassification process to expand Americans' access to medical treatment options. The current move is viewed by some observers as a step toward lifting restrictions, though it leaves the patchwork of state laws and federal enforcement issues largely intact for businesses operating outside the specific licensed scope.

The implementation of the rule change is contingent upon its publication in the Federal Register, which triggers a 30-day window before the change takes effect. During this period, the reclassification can be legally challenged, a process that is expected to occur and could potentially block the implementation of the rule for months or years. This procedural delay underscores the complexity of altering controlled substance classifications within the existing legal framework.

Morgan Fox of the National Organization for the Reform of Marijuana Laws described the move as mostly symbolic but noted it opens the door for policymakers to discuss lifting restrictions. Fox argued that the Schedule I classification had previously prevented serious policy conversations, and moving the substance to Schedule III allows for a more nuanced discussion on regulation. Despite this, campaigners maintain that the real solution remains full federal de-scheduling to achieve uniformity across the country.

The decision comes five days after President Trump signed an executive order intended to boost access to psychedelic drugs for medical treatment. Since 1970, marijuana has been classified as a Schedule I controlled substance in the US, a status that has persisted through administrations including that of President Joe Biden, who initiated a review in 2022. More than two-thirds of Americans support full legalisation of cannabis, yet the federal ban continues to create enforcement and banking challenges for the industry.

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