Justice Department Backs DEA’s Move to Reclassify Marijuana
Understanding laws related to marijuana use is critical to knowing how to protect your rights if you are charged with a crime. Laws related to cannabis are often changing and could be updated. A significant policy shift by the U.S. Drug Enforcement Administration (DEA) to reclassify marijuana as a less dangerous drug could challenge the charges you are facing.
If you are currently facing a drug charge consider contacting the experienced legal team at Welch & Wright for a free case evaluation at (757) 707-8803 or by filling out our online contact form.
Here is what you need to know about the reclassification of marijuana.
DEA’s Proposal to Reschedule Marijuana
The DEA is proposing to reclassify marijuana from a Schedule I drug, which includes substances like heroin and LSD, to a Schedule III drug, similar to ketamine and some anabolic steroids. This change would recognize marijuana’s medical benefits and its lower potential for abuse compared to other narcotics. However, this proposal still requires review by the White House Office of Management and Budget, a public comment process, and approval by an administrative judge before it can be finalized. In short, it is not yet law and may not impact your case if you are facing charges.
Impact of Rescheduling
While the reclassification is a major shift in U.S. drug policy, it would not legalize marijuana nationwide. This is a common and important misconception. Large-scale cultivation, unlicensed sales, distribution, and trafficking of marijuana would still be illegal, with harsh penalties for violations.
Virginia Marijuana Law
In Virginia, medical marijuana was legalized in 2020, and adult recreational use was legalized in 2021. Virginians aged 21 and older can grow up to four plants per adult and possess up to one ounce of marijuana. However, the state has strict penalties for possession beyond the legal limits, ranging from fines to prison sentences, depending on the quantity. More so, it is still not legal to have or use marijuana on federal property.
Seek Legal Assistance if You Are Facing Charges
Knowing your rights now and if reclassification occurs is critical to protecting your future. The complexities and evolving nature of marijuana laws in Virginia make it that much more important to have a knowledgeable criminal defense attorney by your side. Welch & Wright, PLLC offers legal experience in navigating these laws and defending clients charged with marijuana-related crimes. If you are facing or expect to face marijuana-related offenses in Virginia, contact Welch & Wright, PLLC, for a free case evaluation of your case and to learn more about your rights.
Written By L. Calum Welch
Attorney L. Calum Welch is one of the founders of Welch & Wright, PLLC. Calum Welch focuses primarily on criminal defense cases, including legal cases involving accusations of driving under the influence (DUI), drug possession and distribution, larceny, financial crimes, and firearm/expungement petitions. Calum Welch received his law degree from William & Mary Marshall-Wythe School of Law. Calum Welch is affiliated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the Virginia Trial Lawyers Association (VTLA), among other associations.