Marijuana To Be Rescheduled in U.S. What Does That Mean for Texas?

After months of talks within the agency, the U.S. Drug Enforcement Administration is finally moving to reclassify marijuana as a less dangerous drug, according to a report from The Associated Press.

The proposal still needs to be reviewed by the White House Office of Management and Budget, but it would recognize the medical uses of cannabis and acknowledge that it has less potential for abuse compared with the country’s most dangerous drugs. Once the White House OMB signs off on the proposal, the DEA will take public comments about removing marijuana from its current classification as a Schedule I drug. Other Schedule I drugs include LSD and heroin. If approved, the proposal would reclassify marijuana as a Schedule III drug.

Moving marijuana to Schedule III would remove it from under an IRS code that prevents marijuana businesses from claiming tax deductions for business expenses, according to NBC.

This could all mean something, or possibly nothing for the Lone Star State.

tweet this

The Associated Press confirmed the move on Tuesday through five people familiar with the matter who spoke on the condition of anonymity. While it is significant, the DEA’s actions won’t legalize recreational cannabis use in the U.S.

This comes after President Joe Biden previously called for a review of federal marijuana laws in October 2022 and pardoned thousands who were federally convicted of simple possession.

This could all mean something, or possibly nothing for the Lone Star State.

Daryoush Austin Zamhariri, creator and chief editor of the Fort Worth-based Texas Cannabis Collective news site, told the Observer in February that rescheduling marijuana could have a tremendous impact on the state. He explained that Texas has trigger laws that match federal scheduling as long as the Department of State Health Services (DSHS) doesn’t intercede in less than 30 days.

On the other hand, though, Texas could reject the rescheduling and keep marijuana as a Schedule I drug, even though the state has a medical marijuana program and recognizes (at least to some degree) the medicinal uses of the drug. The state’s medical program is called the Texas Compassionate Use Program.

But, if Texas matches the federal scheduling, it could mean some good things for the state. Zamhariri guesses if that happens it won’t be such a big task to expand the state’s medical marijuana program in the next legislative session.

“It’s almost been 10 years since we passed the Compassionate Use Act, and yet Texas' remains one of the most restrictive medical marijuana programs in the country,” Zamhariri said. “Texas can and needs to do more for the patients that are in Compassionate Use.”