Will the DEA reclassify marijuana as a Schedule III drug? What change means for Kentucky.

Marina Johnson, Louisville Courier Journal

As Kentucky heads toward the legalization of medicinal marijuana at the beginning of 2025 and the possible legalization of recreational marijuana at a later date, the U.S. Drug and Enforcement Administration is debating reclassifying weed as a less dangerous substance.

USA Today reported that marijuana could be reclassified under the Controlled Substances Act from a Schedule I drug to a Schedule III drug. Marijuana has been considered a Schedule I drug since the Controlled Substances Act was signed in 1970, falling into the same category as substances like heroin, MDMA or Ecstasy.

While reclassification to a Schedule III drug wouldn't make cannabis federally legal, it would put the substance at the same level as Tylenol with codeine, ketamine or testosterone. Here's what we know:

Lighting up marijuana cannabis joint
Lighting up marijuana cannabis joint

Kentucky marijuana laws: How and when you can apply for a medical marijuana card in Kentucky

DEA to reclassify marijuana as Schedule III drug

USA Today recently reported that the Biden administration plans to remove marijuana from the list of Schedule I drugs, the most dangerous and addictive substances. This would mark the biggest change to federal marijuana policies in over 50 years.

Adam Terry, CEO and Co-Founder of Cantrip, said while reclassification won't make it legal, it will benefit businesses. "Rescheduling won't legalize cannabis or let a doctor prescribe it, but it will allow existing marijuana companies to be taxed like any other business — essentially a huge investment in the overall sector by the government by way of tax relief," he said. "It doesn't affect Cantrip directly as a hemp company, but improves the overall economic health of the industry and continues to inch towards legitimization in the eyes of the public."

Sarah Gertson, executive director of the Last Prisoner Project, also said such decisions will help to create a more equitable criminal justice system.

"Last Prisoner Project believes that complete descheduling and full legalization of cannabis is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system," Gertson said. "We will continue to work tirelessly to ensure that individuals burdened with past cannabis convictions have their records expunged and that all cannabis prisoners are released, regardless of the federal scheduling decision.

Is weed legal in Kentucky 2024?

No. Weed is not currently legal in Kentucky for medical or recreational use, but medical marijuana will be available by the start of 2025.

Who qualifies for Kentucky medical marijuana?

According to the Kentucky General Assembly Cabinet for Health and Family Services, applicants who may qualify for medical marijuana in Kentucky must be a state resident (with a few exceptions), have no felony record, have a qualifying medical condition, and have visited a licensed practitioner and received a written certification to use medical cannabis.

Those with a valid out-of-state registry card and documentation of a qualifying medical condition would be able to possess, purchase, acquire and engage in the use of medical marijuana in the state without receiving a registry identification card from the cabinet.

These patients must be over 21 with no felony offenses and a residency in the state of less than 30 days.

Qualifying conditions for medical marijuana in Kentucky

Current conditions eligible for medical marijuana in Kentucky include:

  • All types and forms of cancer, regardless of the stage

  • Chronic, severe, intractable, or debilitating pain

  • Epilepsy or any other intractable seizure disorder

  • Multiple sclerosis, muscle spasms, or spasticity

  • Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments

  • Post-traumatic stress disorder

Recommended conditions for the General Assembly to add, from the Kentucky Medical Cannabis Program, include:

  • ALS or Lou Gehrig's disease

  • Parkinson's disease

  • Crohn's disease

  • Sickle cell anemia

  • Cachexia or wasting syndrome

  • Neuropathies

  • Severe arthritis

  • Hepatitis C

  • Fibromyalgia

  • Muscular dystrophy

  • Huntington's disease

  • HIV

  • AIDS

  • Glaucoma

  • Terminal illness

This article originally appeared on Louisville Courier Journal: DEA Could reclassify marijuana. What it means for Kentucky

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