Biden Admin Moves to Declare Marijuana as Safe as Some Tylenol

The U.S. Drug Enforcement Administration (DEA) plans to reclassify marijuana as a Schedule III drug, a category that includes Tylenol with codeine, once its proposal has been reviewed by the White House Office of Management and Budget.

As of 2024, marijuana has become legalized for recreational use in 24 states, with 38 permitting its use in medical contexts. In December 2022, President Joe Biden moved to pardon all U.S. citizens who had been convicted of simple possession, attempted simple possession or use of marijuana.

Despite its legalization in some states, the drug remained classified by the federal government as a Schedule I substance—or drugs defined as having no currently accepted medical use or a high potential for abuse—along with other drugs like heroin, ecstasy and LSD.

However, the Health and Human Services Department (HHS) recently recommended that marijuana be reclassified, the Associated Press reported, a move that the DEA is moving to approve. After the White House signs the DEA's proposal, the DEA will start a public comment period before finalizing the change.

"As previously shared, HHS has concluded their independent review, guided by the evidence," an HHS spokesperson told Newsweek. "The scheduling review documents reflect HHS' evaluation of the scientific and medical evidence and its scheduling recommendation to [the Department of Justice]. The scheduling review is now with DOJ."

Under Schedule III, marijuana would join drugs like Tylenol with codeine, ketamine and anabolic steroids.

"Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence," the DEA's website says.

The historic shift would be the first time that marijuana isn't classified as a Schedule I drug since 1970, when the Controlled Substances Act was signed. Although the DEA plans to reclassify marijuana, it wouldn't make the drug federally legal.

Shawn Hauser, a partner at national cannabis law firm Vicente LLP, told Newsweek that the change underscores the importance of state medical marijuana programs and state reforms.

"FDA's acknowledgment of the medical efficacy of cannabis and relatively low potential for abuse is one of the most significant shifts in drug policy in this century," Hauser said.

"That the federal government considered the widespread medical use in state medical marijuana programs underscores the impact of state reforms that have helped millions of patients. This is a very positive step towards the end of prohibition and for public health and signals that the Biden administration is poised to complete its expeditious review to reclassify cannabis," she said.

David Craig, chief marketing officer for cannabis brand Illicit Gardens, told Newsweek that reclassifying the drug was "the next best thing" to legalizing it federally.

"Today's historic rescheduling proves what cannabis enthusiasts have always known—cannabis is a legitimate medicine with proven uses," he said. "If there's one thing cannabis businesses are, it's resourceful, and with these loosening of restrictions we can finally see what this industry really can do."