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The US Department of Health and Human Services says marijuana should no longer be classified in the same category as drugs like heroin.

The Department of Health and Human Services (HHS) is recommending that the Drug Enforcement Administration (DEA) ease government restrictions on marijuana. This aligns with the stance of 40 states that have legalized its use in some form. This move, prompted by President Joe Biden’s directive for a review of the drug, proposes shifting marijuana from a Schedule I to a Schedule III classification under the Controlled Substances Act, challenging its current categorization alongside heroin and methamphetamine.

HHS promptly responded to Biden’s directive by submitting its recommendation to the DEA, potentially paving the way for significant changes in federal cannabis policy. If cannabis were rescheduled to Schedule III, it could notably affect the marijuana industry by eliminating an IRS code preventing tax deductions for business expenses, providing substantial financial relief for small-business owners. This move is also extremely beneficial for users who face harsh legal punishments.

Attention now turns to the DEA, which holds the ultimate authority on scheduling substances. While the Biden administration had aimed to announce the drug’s rescheduling around the one-year mark of the review, the timeline remains uncertain as the DEA initiates its public review process.

The White House has maintained a hands-off approach, describing the review process as independent and led by HHS and the Department of Justice. Meanwhile, Senate Majority Leader Chuck Schumer praised HHS for its recommendation, urging swift action from the DEA to mitigate the harm caused by stringent marijuana laws and calling for broader legislative efforts to end federal prohibition.

The recommendation has been met with widespread approval on Capitol Hill, signifying a significant acknowledgment of cannabis’ medical potential at the federal level. However, advocates emphasize the need for further action to align federal law with states where marijuana is legal, advocating for full removal from the Controlled Substances Act and regulation akin to alcohol.

The push to ease federal marijuana restrictions has become a political focal point, with both parties eyeing potential gains ahead of the presidential election. While some Republicans have publicly supported rescheduling efforts, others, like Florida Governor Ron DeSantis, remain staunchly opposed to decriminalization and legalization, underscoring ongoing debates surrounding cannabis policy. Additionally, bipartisan efforts in Congress seek to facilitate banking services for legal cannabis companies, though the path forward may face obstacles amid other legislative priorities.

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