Don’t Reschedule Cannabis

Remove cannabis from the Controlled Substances Act altogether

When a story about marijuana policy appears “above the fold,” as the expression goes, as it recently did in The New York Times, it must mean that some big change is in the offing. As it turns out, a potential big change is in the air. Cannabis has always been listed in Schedule I as a “dangerous drug” (alongside heroin, I’ll have you know) within the Controlled Substances Act, which was enacted in 1971, and that serious discussions are now underway to move cannabis to Schedule III. Is this potential change a big deal? And what is the Controlled Substances Act anyway? Let’s take a look.

The Controlled Substances Act is probably the most significant piece of legislation by prohibitionists in modern times. Here’s how it came to be. Timothy Leary — yes, that Timothy Leary , specifically of the 1960s—was arrested for marijuana possession, a violation of the Marihuana Tax Act of 1937. Leary challenged the Act on the grounds that it required self-incrimination and therefore was in violation of his Fifth Amendment rights. The court agreed and declared by unanimous decision that Leary’s “conviction under the Marihuana Tax Act violated his privilege against self-incrimination.” Shortly thereafter it became clear to legislators that the Marihuana Tax Act couldn’t simply be dusted off…