President Joe Biden, in a video posted Thursday on X, touted the proposal as “an important move toward reversing longstanding inequities.”
“Look folks, no one should be in jail for merely using or possessing marijuana. Period,” he said. “Far too many lives have been upended because of a failed approach to marijuana, and I’m committed to righting those wrongs.”
Doesn’t really say what making it a schedule 3 drug actually means.
Yeah, we get it, taking it from 1 to 3 moves it from the group with heroin, LSD, ecstasy, methaqualone, and peyote, and puts it in the group with Tylenol with codeine, ketamine, anabolic steroids, and testosterone.
https://www.dea.gov/drug-information/drug-scheduling
What does that mean from a LEGAL perspective?
Someone caught with anabolic steroids without a prescription is still in trouble, yeah?
https://www.legalmatch.com/law-library/article/steroids-possession-lawyers.html
The Anabolic Steroids Control Act of 1990 defines steroids as a Schedule III drug. It assesses federal penalties for both the illegal possession and sale of steroids. The following are the federal punishments for both possession and sale of steroids:
Simple possession of steroids with no prior offenses:
Up to a year in federal prison; or
Minimum fine of $1,000.
Simple possession of steroids with certain prior convictions:
Minimum 15 days in prison, and up to two years in prison; or
Minimum fine of $2,000.
Possession with intent to sell
Up to five years in prison; or
Minimum fine of $5,000.
If I Use or Sell Steroids, What State Penalties Will I Face?
Each state has the right to legislate laws that regulate drugs they view as harmful. Most states echo the Federal scheduling of steroids as a Schedule III drug. Therefore, state punishments usually mirror the punishments for drugs of this category:
Simple possession can be characterized as either a misdemeanor or felony. One may face jail time of up to 2 years if in a state where steroid possession is considered a felony. A fine will usually be levied in states that list steroids as a misdemeanor.
The sale of steroids is a felony in every state. In some states, the punishment for selling steroids can be up to 7 years in prison.
So it looks like this whole notion of just re-scheduling it to “de-criminalize it” is a misnomer.
Has anyone suggested rescheduling it would be akin to decriminalizing? I mean, maybe if it was moved to schedule v.
I think generally people have been reacting to this by pointing out it should just be descheduled.
Biden has been blurring the line using decriminalization in conjunction with these plans:
https://www.marijuanamoment.net/ahead-of-4-20-white-house-says-biden-has-been-very-clear-in-supporting-marijuana-decriminalization-but-admin-is-awaiting-doj-rescheduling-action/
https://www.politifact.com/truth-o-meter/promises/biden-promise-tracker/promise/1529/decriminalize-marijuana/
But simply changing the schedule is not the same thing.
Ty for the links