To the Editor:
The Drug Enforcement Agency’s recent decision to reschedule marijuana (cannabis) after 50 years as a Schedule I drug to a Schedule III signifies a new era where the federal government now recognizes the plant’s medical benefits. This change, prompted by President Biden’s directive for a review of marijuana’s scheduling, is a result of relentless advocacy by patients, physicians, scientists and policymakers. For Connecticut, this shift could refine the medical and legal landscape for cannabis, benefiting the state in multiple significant ways.
The reclassification of cannabis to Schedule III acknowledges its medical utility and relatively low potential for abuse. The Department of Health and Human Services and the Food and Drug Administration have outlined the plant’s efficacy in treating certain medical conditions, reinforcing its legitimacy in the medical community. This recognition is crucial for advancing research and acceptance of cannabis as a legitimate treatment option.
Under Schedule III, FDA-approved cannabis drugs can be prescribed by physicians and dispensed by DEA-registered entities. However, this does not alter the status of state-run dispensaries or the sale of whole-plant marijuana products, which remain federally illegal unless FDA-approved. It is important for Connecticut residents to understand that while the state may have its cannabis programs, these are not automatically compliant with federal law under the new scheduling.
The federal government has shown a trend towards non-enforcement against compliant state marijuana businesses. This is likely to continue, reducing the risk of federal intervention in states like Connecticut that have established marijuana programs. Furthermore, appropriations legislation by Congress currently prevents the Justice Department from using funds to interfere with state medical marijuana programs, although this does not extend to adult-use programs.
The rescheduling is poised to relieve Connecticut’s cannabis businesses from the burdens of Section 280E of the Internal Revenue Code, which prohibits deductions of ordinary business expenses. This change could save these businesses significant amounts in taxes, enabling reinvestment and potentially leading to higher wages and job creation within the state. However, Schedule III does not resolve the banking difficulties faced by the cannabis industry.
While the move to Schedule III is a step forward, it does not equate to full legalization or address the comprehensive legislative changes needed to rectify the racial injustices of past drug policies. Connecticut can use this opportunity to bolster its own cannabis reforms and set a precedent for responsible and inclusive policies. The state can also play a role in shaping future national discussions on cannabis.
As Connecticut embraces these changes, it must remain proactive in refining its cannabis regulations and continue to support the medical community and the patients it serves. This historic shift not only opens new medical and economic doors, but also challenges the state to lead in shaping a sensible, equitable future for cannabis policy.
Sarah A. Chase
Kent
