What happens when marijuana is postponed?

This week President Biden pardoned all those convicted of marijuana possession in federal court. It was a big moment for marijuana advocates, one that suggests the Biden administration is reconsidering the government’s stance on the drug.

What happens when marijuana is phased out? This process is not clear and would show some variability from state to state. Reuters provided a thorough breakdown of what that would look like and how it could challenge existing medical and recreational marijuana programs.

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Marijuana is a Schedule I drug under the Controlled Substances Act, which means it is subject to the strictest of laws and places it in the same category as substances like heroin. This prevents marijuana from being thoroughly researched, which is a barrier to learning about its medicinal properties. If the drug were rescheduled, say it became a Schedule II or Schedule V drug, it would still be regulated.

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In the former case, marijuana would be treated like opioids, requiring a prescription to use. In the latter, it would be treated like cough syrup and other drugs, and monitored at minimal levels by drugstores.

There would also be a change in states with legal medical marijuana, where doctors can recommend the drug to their patients. If marijuana were to be deferred, doctors could prescribe the drug, and the drug, like all other drugs, would have to pass FDA regulations.

“Big pharma could be the big exciting player here because they could win the most if we rescheduled, but it was still something that was very heavily regulated,” said Douglas Berman, a professor at Ohio State.

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When it comes to states that have legal recreational marijuana programs, things wouldn’t change much unless the drug were completely removed from the planning process. Although unlikely, in this case the government could levy taxes on the drug or add warning labels like they did with tobacco.

Biden’s pardon is by far his administration’s biggest decision on cannabis and the first major step toward decriminalization. Those who qualify for pardon receive a certificate stating they have been forgiven for their crime.