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Wednesday, May 1 2024

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Gigantic DEA Policy Shift May See Pot Classified As Less Dangerous

The AP reports that the DEA is moving to reclassify marijuana, though the drug will remain listed as a controlled substance. News outlets examine what the ripple effects of reclassification will be, including facilitating research into the drug.

The U.S. Drug Enforcement Administration will move to reclassify marijuana as a less dangerous drug, The Associated Press has learned, a historic shift to generations of American drug policy that could have wide ripple effects across the country. The proposal, which still must be reviewed by the White House Office of Management and Budget, would recognize the medical uses of cannabis and acknowledge it has less potential for abuse than some of the nation鈥檚 most dangerous drugs. However, it would not legalize marijuana outright for recreational use. The agency鈥檚 move, confirmed to the AP on Tuesday by five people familiar with the matter who spoke on the condition of anonymity to discuss the sensitive regulatory review, clears the last significant regulatory hurdle before the agency鈥檚 biggest policy change in more than 50 years can take effect. (Miller, Goodman, Mustian and Whitehurst, 4/30)

Moving marijuana away from Schedule I would make it much easier to research.聽聽Schedule III drugs are considered to have a 鈥渕oderate to low potential for physical and psychological dependence.鈥 Substances within this category include ketamine, anabolic steroids and testosterone.聽Since Schedule I drugs have no medical value, there is no easy way to conduct clinical research.聽聽(Weixel, 4/30)

Schedule III drugs 鈥 which include ketamine, anabolic steroids and some acetaminophen-codeine combinations 鈥 are still controlled substances. They鈥檙e subject to various rules that allow for some medical uses, and for federal criminal prosecution of anyone who traffics in the drugs without permission. No changes are expected to the medical marijuana programs now licensed in 38 states or the legal recreational cannabis markets in 23 states, but it鈥檚 unlikely they would meet the federal production, record-keeping, prescribing and other requirements for Schedule III drugs. (Peltz and Whitehurst, 4/30)

One of the biggest benefits for cannabis firms would be that they would no longer be subject to Section 280E of the U.S. federal tax code. That provision prevents businesses dealing in schedule one and two controlled substances from claiming tax credits and deductions for business expenses. The tax change would put close to $3.5 billion of cash back into the sector, which will lower the overall cost of capital for the industry, and spark a flurry of M&A activity, said Katan Associates International founder Seth Yakatan. (Roy, 4/30)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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