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Why the federal government classifies marijuana like heroin
Updated by German Lopez on August 22, 2014, 10:20 a.m. ET @germanrlopez [email protected]
At the center of the country's marijuana legalization debate is the US drug scheduling system, which the federal government has used for decades to regulate what it defines as a controlled substance.
When the New York Times Editorial Board on July 26 endorsed federal legalization and initiated another round of the national debate, it essentially called on the federal government to undo its strict classification of marijuana and leave it up to the states to regulate the production, sales, and possession of pot. The classification is one of the major reasons states face legal hurdles andfederal obstruction when they try to legalize marijuana for recreational and medical purposes.
But short of very unlikely congressional action, changing or removing a drug's schedule is very complicated.
How does the US classify controlled substances?
An automated robot arm picks up a bottle of prescription pills. (Stan Honda / AFP via Getty Images)
Under the Controlled Substances Act of 1970, the US Department of Justice, which has largely relegated the regulation of drugs to the Drug Enforcement Administration (DEA), puts each drug into a classification, known as a schedule, based on its medical value and potential for abuse.
To initiate a schedule, the DEA first asks if a drug can be abused. If the answer is yes, then it's put on a schedule. If no, the drug is left out. After that, the drug's relative potential for abuse and medical value are evaluated to decide where on the scale it lands.
CONGRESS DID NOT CLEARLY DEFINE ABUSE UNDER THE CONTROLLED SUBSTANCES ACT
The two big issues, then, are a drug's potential for abuse and medical value. Congress did not clearly define abuse under the Controlled Substances Act. But for federal agencies responsible for classifying drugs, abuse is when individuals take a substance on their own initiative and develop personal health hazards or pose other risks to society as a whole. To find medical value, a drug must have large-scale clinical trials to back it up — similar to what the Food and Drug Administration would expect from any other drug entering the market.
There are five schedules: schedule 1 drugs are determined to have high potential for abuse and no accepted medical use, while schedule 5 drugs are considered to have low potential for abuse and some medical value.
Some examples of the drugs that are on each schedule:
Does the federal government really consider marijuana more dangerous than cocaine?
Three lines of cocaine. (SSPL via Getty Images)
The DEA says schedule 1 substances, such as heroin and marijuana, "are considered the most dangerous class of drugs with a high potential for abuse and potentially severe psychological and/or physical dependence." Schedule 2 substances, such as cocaine and meth, are considered less dangerous, defined as "drugs with a high potential for abuse, less abuse potential than Schedule [1] drugs, with use potentially leading to severe psychological or physical dependence."
That doesn't necessarily mean the federal government views marijuana and heroin as equally deadly drugs, or that it considers marijuana to be deadlier than meth or cocaine. The war on drugs was initiated at a time when much of the nation was in hysterics about what drugs like marijuana and LSD would do to the moral fabric of the country. Marijuana was seen as dangerous not necessarily because of its direct health effects, but because of the perception that pot makes people immoral, lazy, crazy, and even violent. This perception persists among many supporters of the war on drugs to this day, and it's still reflected in America's drug scheduling.
PRESIDENT OBAMA PREVIOUSLY SAID MARIJUANA IS NO MORE DANGEROUS THAN ALCOHOL
Beyond that, the largest distinction between schedule 1 and 2 substances is whether the federal government thinks a drug has medical value. The DEA says schedule 2 substances have some medical value and schedule 1 substances do not, so the latter is considered more dangerous by the agency.
Not everyone within the federal government is on-board with the idea that marijuana, a schedule 1 drug, is more dangerous than schedule 2 drugs like cocaine. President Barack Obama, for instance,previously said marijuana is no more dangerous than alcohol, an unscheduled substance.
Beyond the scheduling system, the federal government imposes criminal trafficking penalties for different drugs that don't always align with their scheduling. For instance, marijuana trafficking is generally punished less severely than cocaine.
Updated by German Lopez on August 22, 2014, 10:20 a.m. ET @germanrlopez [email protected]
At the center of the country's marijuana legalization debate is the US drug scheduling system, which the federal government has used for decades to regulate what it defines as a controlled substance.
When the New York Times Editorial Board on July 26 endorsed federal legalization and initiated another round of the national debate, it essentially called on the federal government to undo its strict classification of marijuana and leave it up to the states to regulate the production, sales, and possession of pot. The classification is one of the major reasons states face legal hurdles andfederal obstruction when they try to legalize marijuana for recreational and medical purposes.
But short of very unlikely congressional action, changing or removing a drug's schedule is very complicated.
How does the US classify controlled substances?
An automated robot arm picks up a bottle of prescription pills. (Stan Honda / AFP via Getty Images)
Under the Controlled Substances Act of 1970, the US Department of Justice, which has largely relegated the regulation of drugs to the Drug Enforcement Administration (DEA), puts each drug into a classification, known as a schedule, based on its medical value and potential for abuse.
To initiate a schedule, the DEA first asks if a drug can be abused. If the answer is yes, then it's put on a schedule. If no, the drug is left out. After that, the drug's relative potential for abuse and medical value are evaluated to decide where on the scale it lands.
CONGRESS DID NOT CLEARLY DEFINE ABUSE UNDER THE CONTROLLED SUBSTANCES ACT
The two big issues, then, are a drug's potential for abuse and medical value. Congress did not clearly define abuse under the Controlled Substances Act. But for federal agencies responsible for classifying drugs, abuse is when individuals take a substance on their own initiative and develop personal health hazards or pose other risks to society as a whole. To find medical value, a drug must have large-scale clinical trials to back it up — similar to what the Food and Drug Administration would expect from any other drug entering the market.
There are five schedules: schedule 1 drugs are determined to have high potential for abuse and no accepted medical use, while schedule 5 drugs are considered to have low potential for abuse and some medical value.
Some examples of the drugs that are on each schedule:
- Schedule 1: marijuana, heroin, LSD, ecstasy, and magic mushrooms.
- Schedule 2: cocaine, meth, oxycodone, Adderall, Ritalin, and Vicodin.
- Schedule 3: Tylenol with codeine, ketamine, anabolic steroids, and testosterone.
- Schedule 4: Xanax, Soma, Darvocet, Valium, and Ambien.
- Schedule 5: Robitussin AC, Lomotil, Motofen, Lyrica, and Parepectolin.
Does the federal government really consider marijuana more dangerous than cocaine?
Three lines of cocaine. (SSPL via Getty Images)
The DEA says schedule 1 substances, such as heroin and marijuana, "are considered the most dangerous class of drugs with a high potential for abuse and potentially severe psychological and/or physical dependence." Schedule 2 substances, such as cocaine and meth, are considered less dangerous, defined as "drugs with a high potential for abuse, less abuse potential than Schedule [1] drugs, with use potentially leading to severe psychological or physical dependence."
That doesn't necessarily mean the federal government views marijuana and heroin as equally deadly drugs, or that it considers marijuana to be deadlier than meth or cocaine. The war on drugs was initiated at a time when much of the nation was in hysterics about what drugs like marijuana and LSD would do to the moral fabric of the country. Marijuana was seen as dangerous not necessarily because of its direct health effects, but because of the perception that pot makes people immoral, lazy, crazy, and even violent. This perception persists among many supporters of the war on drugs to this day, and it's still reflected in America's drug scheduling.
PRESIDENT OBAMA PREVIOUSLY SAID MARIJUANA IS NO MORE DANGEROUS THAN ALCOHOL
Beyond that, the largest distinction between schedule 1 and 2 substances is whether the federal government thinks a drug has medical value. The DEA says schedule 2 substances have some medical value and schedule 1 substances do not, so the latter is considered more dangerous by the agency.
Not everyone within the federal government is on-board with the idea that marijuana, a schedule 1 drug, is more dangerous than schedule 2 drugs like cocaine. President Barack Obama, for instance,previously said marijuana is no more dangerous than alcohol, an unscheduled substance.
Beyond the scheduling system, the federal government imposes criminal trafficking penalties for different drugs that don't always align with their scheduling. For instance, marijuana trafficking is generally punished less severely than cocaine.
