Marijuana Rescheduling Is High-Risk, Low-Reward (2024)

As the Biden administration attempts to move full speed ahead in its efforts to loosen federal restrictions around marijuana, Americans should avail themselves of the opportunity to make their voices heard. Given the pot and tobacco industry's long history of spreading misinformation and downplaying the harms associated with high-potency psychoactive THC drugs, we need to embrace the science and medical data as the nation faces a potential shift in policy.

Last month, following a process that strayed markedly from normal scientific and investigative procedures by the Department of Health and Human Services (HHS), the Drug Enforcement Administration (DEA) posted a proposed rule to the Federal Register summarizing the attempt to reschedule marijuana from Schedule I (the most restrictive level) to Schedule III. Schedule I drugs have a high potential for abuse and no accepted medical use, while Schedule III drugs have a lower potential for abuse and an accepted medical benefit.

Contrary to the industry's marketing, marijuana is highly addictive and is abused by millions of Americans who are now consuming it daily at an even higher rate than alcohol. It is also dangerous, with use being scientifically linked to IQ loss, schizophrenia, psychosis, depression, and suicidality. According to Surgeons General appointed by both Republican and Democratic presidents, it is not medicine approved to treat any ailment.

According to the 2022 National Survey on Drug Use and Health, 30.7 percent of past-year marijuana users developed a cannabis use disorder. In other words, nearly one-third of the people who used marijuana became addicted. By comparison, only 7 percent of past-year hallucinogen users developed a hallucinogen use disorder. Many hallucinogens remain in Schedule I, including psilocybin ("magic mushrooms"), LSD, and ecstasy. Additionally, 24.4 percent of past-year marijuana users were daily or almost daily users, compared with 0.4 percent of past-year hallucinogen users, 0.6 percent of past-year inhalant users, 2.2 percent of past-year cocaine users, 6.6 percent of past-year crack users, and 22.3 percent of past-year methamphetamine users.

HHS' own analysis recognizes that the Food and Drug Administration (FDA) has not approved marijuana for the treatment of any disease or condition, meaning it's not medicine, and cannot be prescribed by a doctor for anything. But the Biden administration wants people to believe that just because something is popular it should be viewed as "accepted," instead of using FDA approval to determine what makes something medicine.

Regardless of the DEA's decision, the entire rescheduling attempt has followed a tainted and unprecedented process from the outset. Rather than using a long-trusted five-factor test to determine whether marijuana has a currently accepted medical use, HHS' review used an unprecedented and arbitrary two-factor test that pointed to state adoption of so-called medical marijuana laws as evidence that the drugs should be reclassified. In effect, the administration changed the test to get the answer it wanted.

In 2016, when the Obama administration last reviewed marijuana, it concluded that marijuana belonged in Schedule I because it met the legal criteria. The science hasn't changed—if anything, it shows more clearly why marijuana belongs in Schedule I. Since then, THC-laced candies, sodas, cookies, gummies, and other products with marketing geared towards children have continued to become stronger and dangerously more potent. Today, those drugs are doing serious damage to young people, minorities, and millions of others.

But it all started with an industry promoting the notion that marijuana is a safe wonder drug.

Big Marijuana and its allies in Big Tobacco are the ones who stand to benefit the most from rescheduling. The goal of pro-pot activists is full legalization, normalization, and descheduling. Schedule III is not their best-case scenario as it does not legalize marijuana, but it does give them a financial gift by allowing business expense deductions under Section 280E of IRS code.

Rescheduling is essentially a handout to pot-profiteers and investors that will be used to produce and promote stronger, more addictive drugs.

As the DEA finalizes its decision, it is imperative that the medical and legal professionals reviewing the public comments rely on the sound science behind the real harms of an expanded marijuana industry.

At a time when use is skyrocketing, the data have never been clearer that marijuana rescheduling isn't about medicine. It's about politics and a payoff to an industry favored by many in power. Americans need to participate in this process to ensure campaign politics don't overrule the established scientific processes used by the FDA and the DEA to determine its potential for abuse.

Dr. Kevin Sabet is the President of Smart Approaches to Marijuana (SAM) and a former three-time White House drug policy advisor.

The views expressed in this article are the writer's own.