Philly criminal defense attorney says reclassifying marijuana to Schedule 3 would be a 'welcome change'

PHILADELPHIA (KYW Newsradio) — After years as a Schedule 1 drug, alongside heroin and LSD, marijuana could soon be federally reclassified as a less dangerous substance.

The federal Drug Enforcement Administration has categorized marijuana as a Schedule 1 substance — considered to have no currently accepted medicinal use and a high potential for abuse — since president Richard Nixon signed the Controlled Substances Act in 1970. Now, the DEA is ready to reclassify marijuana to a Schedule 3 substance, alongside Tylenol with codeine, ketamine, codeine, and testosterone.

“I think this is a welcome change and something that's been talked about for some time,” says criminal defense attorney Michael Fienman.

“They had been previously resting on the fact that not enough research had been done to justify a reclassification, but something has obviously caused them to change their position.”

California was the first state to legalize medical marijuana in 1996. Since then, a lot has been learned, says Fienman. Researchers have been studying its medicinal benefits for diseases including cancer, epilepsy and glaucoma.

“I think we’ve all seen the benefits of medical marijuana and what it can do for certain patients.”

Marijuana is recreationally legal in 24 states.

In 2022, President Biden called for a review of federal marijuana laws. And last year, the Department of Health and Human Services recommended the DEA reschedule marijuana.

The White House Office of Management and Budget still needs to approve the DEA’s proposal.