AJR131

A Joint Resolution urging the DEA to consider reclassifying marijuana.

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

Whereas, 21 U.S.C. s.812 of the federal Controlled Substances Act sets out five “schedules” of controlled substances, known as Schedules I, II, III, IV, and V; and

Whereas, A substance is placed in Schedule I if it has “high potential for abuse,” and “no currently accepted medical use in treatment in the United States,” and if there is “a lack of accepted safety for use of the drug or other substance under medical supervision”; and

Whereas, Substances in Schedule I cannot be legally prescribed by a physician; and

Whereas, Medical marijuana has been legalized in 30 states, including New Jersey, and in the District of Columbia; and

Whereas, Recreational marijuana has been legalized in nine states and in the District of Columbia; and

Whereas, Although policymakers in these states have found that the use of marijuana is appropriate and safe, and millions of residents of these states have legally used marijuana under state law, nonetheless marijuana is a Schedule I substance under federal law, along with heroin, LSD, mescaline, and other substances that are known to be dangerous and potentially lethal; and

Whereas, The classification of marijuana in Schedule I means that citizens who legally use marijuana under their states’ laws are violating federal law; and

Whereas, The classification of marijuana in Schedule I also means that scientists and researchers attempting to study marijuana are faced with limited access and limited supplies, making marijuana research difficult; and

Whereas, By contrast with Schedule I, substances are placed in Schedules II, III, IV, and V if they have accepted medical uses, and such substances may be prescribed by physicians, although such substances may have a potential for abuse; and

Whereas, Federal law provides a process by which the Drug Enforcement Administration (the DEA) may reclassify a substance from one schedule to another; and

Whereas, Removing marijuana from Schedule I and reclassifying it into an appropriate schedule would reflect the medical uses and therapeutic effects of this substance; now, therefore,

BE IT RESOLVED by the Senate and General Assembly of the State of New Jersey:

1. The Legislature hereby urges the Drug Enforcement Administration to consider removing marijuana from Schedule I and reclassifying it in an appropriate schedule.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly to the Attorney General of the United States and the Administrator of the Drug Enforcement Administration.

3. This joint resolution shall take effect immediately.

STATEMENT

This joint resolution urges the Drug Enforcement Administration to consider removing marijuana from Schedule I and reclassifying it in an appropriate schedule.

The federal Controlled Substances Act sets out five “schedules” of controlled substances, known as Schedules I, II, III, IV, and V. A substance is placed in Schedule I if it has “high potential for abuse,” and “no currently accepted medical use in treatment in the United States,” and if there is “a lack of accepted safety for use of the drug or other substance under medical supervision.” Substances in Schedule I cannot legally be prescribed by a practitioner.

Medical marijuana has been legalized in 30 states, including New Jersey, and in the District of Columbia, and recreational marijuana has been legalized in nine states and in the District of Columbia. Although policymakers in these states have found that the use of marijuana is appropriate and safe, and millions of residents of these states have legally used marijuana under state law, nonetheless marijuana is a Schedule I substance under federal law, along with heroin, LSD, mescaline, and other substances that are known to be dangerous and potentially lethal.

The classification of marijuana in Schedule I means that citizens who legally use marijuana under their states’ laws are violating federal law. The classification of marijuana in Schedule I also means that scientists and researchers attempting to study marijuana are faced with limited access and limited supplies, making marijuana research difficult.

By contrast with Schedule I, substances are placed in Schedules II, III, IV, and V if they have accepted medical uses, and such substances may be prescribed by physicians, although the substances have a potential for abuse. Federal law provides a process by which the Drug Enforcement Administration (the DEA) may reclassify a substance from one schedule to another. Removing marijuana from Schedule I and reclassifying it into an appropriate schedule would reflect the medical uses and therapeutic effects of this substance.