Cannabis in Tennessee: What push to reclassify marijuana to Schedule III may mean

The Drug Enforcement Agency could move to reclassify marijuana to a lesser severity in what’s being reported as the “biggest change in marijuana policy” since the drug was first outlawed.

The proposal, first reported by The Associated Press, would follow a Department of Justice recommendation and lead the DEA to take public comments on a plan to recategorize marijuana, USA TODAY reports.

In this reclassification, marijuana would move from a Schedule I drug which is believed to be highly dangerous, addictive and not for medical use to a Schedule III drug that can be lawfully prescribed as medication. Marijuana has been a Schedule I drug since the Controlled Substances Act was signed in 1970 by President Richard Nixon.

Here is what we know about the reclassification.

What does rescheduling cannabis mean for Tennessee?

While this would be a landmark change, it would not change the state’s current cannabis regulations. It would still be a controlled substance even with the new classification. That said, 24 states have legalized marijuana for recreational use and 14 have legalized it for medical use.

In 2022, President Joe Biden directed the Department of Health and Human Services, or the HHS, to conduct a review of how marijuana is scheduled. In the review, the HHS recommended that the drug be rescheduled to a Schedule III.

Marijuana being classified as a Schedule III drug means it would be classified alongside drugs including ketamine, testosterone, anabolic steroids and Tylenol with codeine, USA TODAY reports. These drugs have “moderate to low potential for physical and psychological dependence,” according to the DEA.

The laws regarding Schedule III drugs in Tennessee vary as some drugs are legal with limitations and others are not. Therefore, it is hard to tell if the reclassification of marijuana to a lower schedule would sway Tennessee lawmakers to legalize the drug in any way.

Is marijuana legal in Tennessee?

There is no short answer to the question of whether marijuana is legal in Tennessee for a couple of reasons. Part of the confusion can stem from the various terms − cannabis, marijuana and weed − that might seem interchangeable but are not, at least not as Tennessee defines them. Hemp just adds to the confusion.

The defining difference between hemp and marijuana is their psychoactive component: tetrahydrocannabinol, or THC. Hemp has 0.3% or less THC, meaning hemp-derived products don’t contain enough THC to create the “high” traditionally associated with marijuana.

Tennessee has legalized the cultivation of hemp and defined hemp as cannabis sativa containing less than 0.3% THC. Cannabis sativa containing greater than 0.3% THC, which is defined by Tennessee as marijuana, is still illegal.

While marijuana is not legal, in Tennessee you can buy products containing CBD, or cannabidiol, an active ingredient in cannabis that is derived from the hemp plant but does not cause a high and is not addictive.

Is marijuana a dangerous drug?

Marijuana has been hard to study because of its classification. However, the move to reschedule the drug is largely due to the lower public health risks, federal scientists have said. The rescheduling of marijuana to a Schedule III drug would allow for further studies to be done.

In a leaked HHS document, officials wrote to the DEA in support of rescheduling the drug. Marijuana’s risk for addiction is similar to that of tobacco and has relatively mild withdrawal symptoms compared to alcohol. According to the National Institute on Drug Abuse, or NIDA, there are no known deaths from a marijuana overdose.

Despite the less intense symptoms, the drug does affect physical and mental health. According to NIDA, it can cause permanent IQ loss for people who begin using it at a young age. Long-term use has been associated with temporary paranoia and hallucinations. Marijuana can exacerbate symptoms with disorders like schizophrenia.

NIDA found that marijuana smoke has a similar health impacts to tobacco smoke. People who smoke marijuana frequently develop issues with breathing similar to those of tobacco smokers.

Respiratory issues include daily cough, phlegm and a higher risk of lung infections, however, the American Heart Association said it’s unclear if marijuana causes a greater risk of lung cancer. 

Health benefits of marijuana

The cannabis plant has been used for medicinal purposes for centuries, if not millennia. It appears to help with treating pain, insomnia, anxiety, and glaucoma, among other health conditions. Still, evidence is mixed and more research into its health benefits is needed, researchers at Johns Hopkins Bloomberg School of Public Health said in August.

While cannabis is not approved for any medical use by the FDA, several drugs containing cannabinoids, or substances such as THC or CBD, have been approved according to the National Institutes of Health.

USA TODAY and Tennessee Connect reporter Liz Kellar contributed to this report