Based on a recent research, the Congress only needs to reclassify the marijuana drug, instead of completely legalizing it so as to resolve the existing problems. Cato Institute’s economic studies director Jeffrey Miron, said the best idea so far, is to reschedule the current Schedule I drug into Schedule II.
Upon the analysis, marijuana legalization on the state level is no longer an issue, but the federal law and its authorities could still impose a federal law above the state level. Thus, a report now recommends the Congress to remedy the issue of marijuana’s legality. Miron explained that the best thing to do is to reclassify the drug into Schedule II, nothing more or less than III, IV, or V. In the Schedule II classification, physicians may prescribe it, allowing the medical marijuana to be totally legal.
Without changes in the law, the Drug Enforcement Administration (DEA) might restart enforcement on the following administration. However, there are problems with the said classification, which was highlighted by the Marijuana Majority chairman Tom Angell, saying that legal marijuana businesses are subject to the tax code’s Section 280E. This simply means that similar deductions other businesses are able to take will be otherwise to marijuana industries. Miron has a different perspective on this issue, claiming that it’s only an exaggeration because Section 280E would be irrelevant if the federal government would enforce a set of rules on the broadly-prescribed drug.
Apparently, the present administration has adopted a recent, more explicit and positive view regarding the matter. Vivek Murthy, U.S. Surgeon General said the preliminary data indicating that marijuana is helpful for some medical symptoms and conditions, which should be considered and drive policymaking. Others agree that marijuana should not stay under Schedule I, considering its medical value. There are also indications that the Department of Justice will not meddle with the issue, leading the White House to allow Washington D.C. in funding a decriminalized marijuana regulatory framework.
The institute is cynical throughout the assumption of rescheduling, stating that the president should have directed his attorney general in the reclassification process immediately, if he really believes in what he said about the drug. Miron is not hoping anything from the Congress and the administration, saying that the attorney general has refused to begin the process for more than six years now. Miron added that the authorities could have done something previously, and could still do something anytime, but he does not hope that the Congress would likely do something.