Biden plans to drastically change federal rules on marijuana, here's where NC stands
Marijuana is currently federally scheduled in the same class as drugs like heroin and LSD, but sources say that this could change on a federal level.
Here's what's happening and what it could mean for North Carolina, where marijuana is still illegal for recreational and medical use.
More: Is medical marijuana legal in North Carolina? What to know about NC's first dispensary
What is the current federal law on marijuana? What's changing?
In 2022, President Joe Biden directed the Department of Health and Human Services to review how marijuana is classified. Last year, HHS recommended that it be rescheduled to Schedule III. According to an anonymous source who spoke to AP News, the Justice Department recently conducted its analysis and reached the same conclusion.
Tuesday, reports from AP News and NBC News, also with information from anonymous sources, stated that the Drug Enforcement Administration plans to take public comments soon about recategorizing marijuana under the Controlled Substances Act.
This move from the Biden Administration has the potential to take marijuana from a Schedule I drug — a classification for highly dangerous, addictive drugs without medical use — and reclassify it as a Schedule III drug, meaning it could become federally legal to prescribe marijuana as a medication.
Though this wouldn't mean marijuana was completely legal at a federal level, the classification would place the plant in the same category as drugs like anabolic steroids and ketamine.
More: Historic medical marijuana dispensary opens in Cherokee, NC, 1st in the state
Would NC Gov. Roy Cooper support decriminalizing marijuana?
NORML partnered with VoteSmart to compile data on the stances of state and federal candidates on marijuana laws. They deemed North Carolina Gov. Roy Cooper a "clear supporter of legalizing medical marijuana," providing several quotes to back the claim.
“Studies have shown medical marijuana can offer many benefits to some who suffer from chronic conditions, particularly veterans, and the Governor is encouraged that North Carolina might join the 36 other states that have authorized it for use,” said an emailed statement on behalf of Cooper in 2021.
Cooper has also condemned harsh punishment for simple possession of marijuana, calling for NC to take steps to end the stigma through decriminalization.
However, it must be noted that Cooper's final term will end in 2025, meaning that his opinion on state marijuana legislation may not matter by the time there are any significant updates from the DEA.
More: Here are the candidates for North Carolina governor on the 2024 primary ballot
Is marijuana legal in North Carolina? What would this change mean for the state?
Marijuana is not legal for recreational use in N.C. It can be prescribed for minimal use in patients with severe seizures but is otherwise also illegal for medical use.
However, it is legal for medical use on the Qualla Boundary, home of the Eastern Band of Cherokee Indians. In 2021, marijuana was legalized for medical use in Cherokee, a sovereign nation located on the Qualla Boundary with its own elections, laws, government, and self-governed and autonomous institutions. However, those laws pertain only to tribal land.
Outside of the Qualla Boundary, some low-THC products have been legalized in N.C. under a 2021 state law. The law allows the sale of products with no more than 0.3% delta-9, allowing the sale of cannabinoids like THC and CBD.
More: As NC's 1st cannabis dispensary opens, Cherokee Co. DA to 'continue to enforce state law'
Can anyone buy marijuana in Cherokee, North Carolina?
You must have a medical marijuana card from the EBCI to purchase marijuana in Cherokee. To qualify, you must show proof of one or more of the following 17 conditions:
Acquired immune deficiency syndrome.
An anxiety disorder.
An autism spectrum disorder.
An autoimmune disorder.
Anorexia nervosa.
Cancer.
Dependence upon or addiction to opioids.
Glaucoma.
A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
Cachexia.
Muscle spasms, including, without limitation, spasms caused by multiple sclerosis.
Seizures, including, without limitation, seizures caused by epilepsy.
Nausea.
Severe or chronic pain.
A medical condition related to the human immunodeficiency virus.
Post-traumatic stress disorder.
Crohn’s disease.
Sickle cell anemia.
Amyotrophic lateral syndrome.
Parkinson’s disease.
A condition resulting in the patient receiving Hospice care.
A terminal illness when the patient’s remaining life expectancy is less than six months.
All patients must be 21 years or older to purchase medical cannabis. Fees for medical cannabis patient cards are $100 for N.C. residents and $50 for enrolled EBCI members. Cards must be renewed yearly at $100 for N.C. residents and $25 for EBCI members.
For more info on how to obtain a medical marijuana card, visit the EBCI's website.
John Tufts, Kaitlin Lange and Kayla Dwyer, Indianapolis Star, contributed to this report.
Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.
This article originally appeared on Asheville Citizen Times: What is the federal law on legality of marijuana? What's changing?
