Deseret News | Detailed Report | Health, U.S. & World, Utah Proposed Changes Could Transform U.S. Marijuana Policy: DEA to Consider Reclassifying Cannabis By Dennis Romboy, Oct 13, 2023, 12:57 am BST On a sunny day in late April, marked the 28th of 2023, a sight of keen interest was observed at the expansive Dragonfly Wellness Grow Facility in Moroni. April White, a skilled nursery cultivator, could be seen painstakingly transferring delicate infant cannabis plants from their original sites to new ones. This seemingly routine task was happening against the backdrop of a monumental shift being contemplated by the Biden administration – a shift that could transform the U.S. federal policy on marijuana. The administration has been mulling over the idea since August when the Department of Health and Human Services approached the Drug Enforcement Administration with an appealing suggestion. The proposal? To revise the classification of cannabis from Schedule I to Schedule III under the Controlled Substances Act. This critical piece of information was disclosed by the Congressional Research Service, who also revealed that the Food and Drug Administration (FDA) is in agreement with the idea. The FDA is of the opinion that marijuana indeed warrants reclassification. Such a modification could be a game-changer, especially for individuals and programs associated with medical marijuana, including those in the state of Utah. The effects on recreational marijuana programs and their users, however, may be less dramatic. A closer look at the federal law reveals that substances categorized as Schedule I drugs have no approved medical application and exhibit a high potential for abuse. This list includes substances like heroin, LSD, ecstasy, peyote, and, of course, marijuana. In stark contrast, Schedule III drugs, which include codeine, ketamine, anabolic steroids, and testosterone, are believed to have a moderate to low potential for physical or psychological dependence. In October of the previous year, President Joe Biden called upon the HHS Secretary and the Attorney General to review the current classification of marijuana under federal law. Interestingly, in 2016, the FDA and the DEA had coalesced to the decision that marijuana should remain a Schedule I drug. Despite the stringent federal laws that prohibit the possession of any amount of marijuana, the proposed move to a lower schedule will not result in the legalization of cannabis. However, it will open up avenues for its medical use. Even with this change, state-licensed cannabis businesses will still be operating against federal law. Yet, the act of rescheduling marijuana could ease restrictions on researchers, potentially enabling more comprehensive and detailed studies. Utah embraced medical cannabis in 2018, with the inaugural state-licensed pharmacy opening its doors in March 2020. Fast forward to today, and Utah houses 15 cannabis pharmacies, predominantly stretching along the Wasatch Front. Furthermore, eight dedicated marijuana farms supply 13 facilities engaged in the manufacturing, packaging, and labeling of cannabis products. The proposed reclassification of cannabis could significantly influence the 38 states that have medical marijuana programs, including Utah. Chris Williams, a prominent attorney for the Utah Legislature, postulated that such a move would also enable marijuana producers to deduct the costs of selling their products on federal taxes, much like other businesses. Presently, only four cannabis products have the FDA’s stamp of approval, but the reclassification could shake things up. Williams suggested that as more FDA-approved products begin to circulate in interstate commerce, it could raise questions for Utah’s seed-to-sale program. Currently, all medical cannabis in Utah must be grown and processed within the state’s borders. Brandon Forsyth, the director of the Utah Department of Agriculture and Food’s hemp and medical cannabis division, made a case for resisting the potential rescheduling, citing public safety reasons. Scott Erickson, the executive director of the Utah Cannabis Co-op, proposed that the Legislature should pass a “trigger law” that would come into effect if and when the federal government decides to reclassify marijuana. Alyssa Smailes, executive director of the Utah Cannabis Association, and Desiree Hennessy, executive director of the Utah Patients Coalition, voiced concerns about the potential federal changes and the impact they could have on Utah’s existing program. The DEA will undertake its independent review of the Health and Human Services recommendation if it decides to proceed with the rescheduling of marijuana as a Schedule III drug. Given President Biden’s evident interest, speculations are rife that the decision could be made as early as the upcoming year, potentially ahead of the heated 2024 presidential election.

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