“The federal cannabis prohibition has created a legacy that is still affecting historically marginalized groups.”
The Board of Directors of the Cannabis Regulators of Color Coalition
No Change in Position
It’s important to review the federal efforts to move marijuana from Schedule I into Schedule III. This process has been recently stagnated as hearings related to it have been cancelled.
Cannabis Regulators of Color Coalition (CRCC) supports the descheduling of marijuana—removing it entirely from the Controlled Substances Act (CSA)—as necessary to fully decriminalize marijuana and promote public health, racial equity and economic justice.
The rescheduling of marijuana under federal law may look like progress. However, this does not address systemic harms or inequities that are created because it is illegal.
We bring to the table first-hand knowledge of the complexity of cannabis policies as a group of former and current government officials who are responsible for leading, managing, and overseeing regulation of the legal adult and medical cannabis markets in the United States. Inequitable drugs laws have real life consequences. We understand how important it is to keep equity, community investment and public health at the forefront of every decision.
For CRCC members, the call for federal decriminalization is not just a policy stance—it’s a personal and systemic imperative. Federal prohibition has caused harm to historically marginalized people and communities, especially communities of color.
Although states and local governments are reforming cannabis policies in order to improve public health and safety, there is still a gap between the federal and state laws. This perpetuates harm that does not need to be done. Inequities in cannabis laws will continue until decriminalization at the federal level becomes reality.
Rescheduling: The Process Up to Now
Joe Biden has ordered the Department of Justice and Department of Health and Human Services to review marijuana’s classification under federal laws in October of 2022.
In August 2023, HHS issued a recommendation to reclassify marijuana into Schedule III under the Controlled Substances Act. In May 2023, DOJ released a proposal to move marijuana into Schedule III. This triggered a comment period which resulted to over 43,000 public submissions.
According to a preliminary analysis, the vast majority of public commentaries supported decriminalization as opposed to rescheduling. The Drug Enforcement Administration (DEA), after the period of public comments closed, announced a hearing and invited people to attend. After reviewing the submissions received, 25 people were selected to testify at a hearing. The preliminary hearing took place in December of 2024.
The presiding Administrative Law Judge recently canceled the hearings that were scheduled to take place from January 21 until March 6, following allegations about the Drug Enforcement Administration’s (DEA) inappropriate behavior in the selection and communication with witnesses. The DEA Administrator can now hear the appeals of individuals, bringing the case back to DEA’s control.
The next steps in rescheduling remain unclear, especially with President Donald Trump returning to the White House and a change of leadership at DEA on its way. CRCC is of the opinion that rescheduling marijuana will not be enough.
How Rescheduling Falls Short
Reclassifying cannabis to Schedule III would mean that the government must recognize its medical benefits and lower abuse potential, as well reducing certain taxes on the cannabis sector.
It falls far short of the reforms that are desperately needed by countless people and communities. Rescheduling would specifically:
- Continue federal criminalization even if state laws allow it.
- Failure to protect cannabis patients, businesses and consumers.
- Don’t acknowledge or deal with the systemic inequities of race that have been entrenched by federal prohibition.
Why Descheduling is Needed
Cannabis must be removed from federally-regulated schedules to bring about meaningful reform.
The federal government has decriminalized cannabis through descheduling, but there are still other steps to be taken in order to maintain and achieve more effective and equitable cannabis policies. Descheduling alone isn’t enough.
Federal marijuana policy is needed now:
- End Federal Criminalization: The federal government would be in line with majority American opinion, which supports decriminalizing and regulating cannabis for adults.
- Recognize and address Inequities In light of the racist roots and ongoing impacts of marijuana prohibition on Black, Latino and Indigenous peoples, it is imperative that immediate action be taken to stop criminalizing and reduce harms.
- Empower State Policies: Federal criminalization has hindered the development of robust state regulatory frameworks that promote equity and health.
- Supporting Public Health and Safety The federal government could regulate cannabis better if it had a descheduled structure, reducing the risks of unregulated markets.
What Support Does the CRCC Provide at Federal Level?
To end marijuana’s criminalization it is necessary to:
- Reforms at the federal level to combat criminalization.
- Egalitarian policies which prioritize historically marginalized populations.
- Support from the federal government for equity programs at state level, such as expungement and community reinvestment.
We must deschedule marijuana, and create a fair federal framework to repair the damages of prohibition. This reform won’t be achieved overnight. We are now working to make sure that policymakers and leaders at the federal level understand how to protect and support our communities.
In addition to supporting efforts at state levels to improve equity in cannabis markets, we call upon the federal government for action to deal with the damage caused by criminalization.
CRCC is ready to work with stakeholders and policymakers to make sure that reforms of marijuana serve the needs of all, including those disproportionately affected by criminalization.
For more information about CRCC and its previous policy statements, visit https://www.crc-coalition.org/
To review CRCC’s submitted public comment on marijuana rescheduling, visit: https://www.regulations.gov/comment/DEA-2024-0059-40152
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Mike Latimer is the photographer.