The DEA is probably not reclassifying marijuana later this summer

By Craig Hlavaty

 

Photo: Mark Thiessen, STF

 

A report by the Santa Monica Observer was thrilling marijuana proponents over the weekend after it quoted an anonymous lawyer as saying that the federal Drug Enforcement Administration was poised to reclassify marijuana as a “schedule two” drug.

This would, according to that report, essentially legalize marijuana in the United States on Aug. 1.
Drugs classified as “schedule one” are, according to the Santa Monica Observer Story, drugs that will not be made legal. Drugs in the “schedule two” camp are available with a prescription. This supposed federal preemption would make marijuana legal across 50 states.

State and local laws would be overridden, the story quotes lawyers as saying.

It all sounds very promising for marijuana proponents and the story was making the rounds on Twitter and Facebook. The Santa Monica Observer story went as far as to say that edible marijuana would be available at pharmacies.

That sounds convenient, no? They wouldn’t sell marijuana to be smoked, the unidentified lawyer told the reporter, citing health concerns related to smoking.

Another piece, this one from the Denver Post, says that on July 1, the DEA could in fact make a decision to partially legalize marijuana. It’s actually an opinion piece by a regulatory attorney in Colorado, where marijuana was made legal on Jan. 1, 2014.

Texans, don’t break out your Lone Star State-shaped bongs just yet.

According to a DEA statement on the anonymous, single-source Santa Monica Observer article, the reporter doesn’t quite have it right and neither does the anonymous lawyer.

The statement from the DEA this afternoon does say that the government entity expects to soon be able to announce the outcome of a review of two petitions it’s received to reschedule marijuana. The past few times they’ve ruled against reclassification when faced with similar petitions.

“The DEA has undertaken the review along with the Department of Health and Human Services according to the process established in the Controlled Substances Act.  When the review is complete, DEA will make the full text of the decisions publicly available,” the statement said.

Whether or not this foretells a reclassification of marijuana is not known.

On Nov. 8, 2016, California voters will decide at the polls if recreational marijuana will be legalized in that state, where it’s only available medicinally and with a prescription. If voters approve recreational marijuana in California it could mean billions of dollars for the state.

Colorado, Alaska, Oregon, Washington, and the District of Columbia have all made recreational marijuana legal so far. Other states have gone the medicinal route.