Federal marijuana rescheduling delays continue despite overwhelming public support for cannabis reform and de-scheduling nationwide.
Turns out the public is clear on marijuana rescheduling – despite two administrations dragging their feet. But thanks to a minority of offices, efforts to reschedule marijuana at the federal level continue to face continues to face delay. Under both the administration of Joe Biden and the current administration, advocates have been frustrated and a small group of officials feel they want to nanny the populations. But businesses, state budgets and patients say public opinion has already shifted decisively in favor of reform. While the U.S. Department of Health and Human Services recommended moving cannabis from Schedule I to Schedule III under the Controlled Substances Act in 2023, the Drug Enforcement Administration has yet to finalize the process, leaving the issue stalled despite growing national support.
The delays come as multiple public opinion surveys show Americans overwhelmingly favor marijuana reform in some form. A recent poll from the Pew Research Center found a strong majority of Americans support legalizing marijuana either for medical or recreational use. Support spans generations and political affiliations, though younger voters continue to drive the strongest backing for full legalization.
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Now, a new federally funded study examining public comments submitted during the government’s official review of marijuana rescheduling provides even more evidence the public wants change.
The analysis reviewed 42,913 comments submitted to the DEA regarding the proposal to move marijuana from Schedule I to Schedule III. Researchers found 28.9 percent of commenters supported the proposed move to Schedule III, while an even larger share — 63.5 percent — argued the federal government should go further by either placing marijuana in a lower schedule or removing it entirely from the Controlled Substances Act through descheduling.
Only 6.7 percent of commenters opposed any reform and argued marijuana should remain in Schedule I, the most restrictive category under federal law. Schedule I classification is currently reserved for drugs considered to have no accepted medical use and a high potential for abuse. Critics of the classification have long argued marijuana’s placement alongside substances like heroin is outdated and inconsistent with modern medical research and state-level legalization policies.
The public comments reflect a rapidly evolving national landscape. More than 40 states now allow medical marijuana in some form, while nearly half the country has legalized recreational cannabis for adults. Legal cannabis sales continue setting records nationwide, creating billions in tax revenue and supporting thousands of jobs in agriculture, retail, manufacturing and ancillary industries.
Supporters of rescheduling say moving marijuana to Schedule III would have major economic and medical implications. Cannabis businesses would potentially gain access to federal tax deductions currently prohibited under IRS rule 280E, while researchers could face fewer barriers studying marijuana’s medical benefits. Physicians and patients would also likely see expanded opportunities for regulated medical use.
At the same time, critics argue Schedule III would not go far enough because marijuana would still remain federally controlled and criminalized in certain circumstances. Many legalization advocates continue pushing for complete de-scheduling similar to alcohol regulation at the federal level.
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Despite the growing support among voters, federal action remains politically complicated. Much of the resistance comes from lawmakers and officials who built careers during the height of the nation’s decades-long war on drugs. Opponents of reform frequently cite concerns about youth access, impaired driving, public health and addiction risks.
Most of the highest-profile resistance to marijuana legalization and rescheduling has historically come from a smaller number of older white politicians tied to traditional anti-drug policies, law enforcement interests, the private prison system or religious conservatism.
Still, polling trends and public feedback continue moving in one direction. Americans increasingly view marijuana policy through the lens of medical access, criminal justice reform and economic opportunity rather than the strict prohibition policies which dominated federal politics for generations.
