The federal prohibition of marijuana has left deep scars on communities of colour, with systemic inequities still felt today. The Cannabis Regulators of Color Coalition (CRCC) argues that federal descheduling—not rescheduling—is the only path to meaningful reform.
A Stalled Process and an Urgent Need for Reform
As 2025 begins, federal efforts to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) have hit a wall. Recent hearings were cancelled amid controversy, leaving progress uncertain. Yet, for CRCC, the issue is clear: rescheduling is insufficient. Descheduling—removing marijuana from the CSA entirely—is the necessary step to end federal criminalisation and address the harms of prohibition.
CRCC, made up of current and former government officials with direct experience in cannabis regulation, stresses that federal cannabis policies must prioritise public health, racial equity, and economic justice. They see the current system’s failures firsthand and understand the devastating impact on communities of colour.
The Shortcomings of Rescheduling
Rescheduling marijuana to Schedule III may sound like progress, but it merely reduces some regulatory burdens without addressing the root issues. Marijuana would remain federally criminalised, perpetuating disparities and offering little protection for those in state-legal markets.
Key issues with rescheduling include:
- Continued Criminalisation: Federal law would still criminalise activities permitted under state laws, creating legal conflicts and risks.
- Limited Impact on Racial Inequities: The racial disparities entrenched in prohibition would remain largely unaddressed.
- Minimal Support for Equity Initiatives: Rescheduling does little to empower states’ efforts to promote equity or provide relief for affected communities.
These limitations underscore why CRCC is pushing for descheduling instead.
Why Descheduling Is the Answer
Descheduling marijuana would decriminalise it federally, aligning the law with the public’s shifting attitudes. But CRCC is clear that descheduling alone isn’t enough—it must be paired with comprehensive reforms. Federal marijuana policies should:
- End Criminalisation Entirely: This would harmonise federal law with the growing number of states that have already legalised cannabis for medical or adult use.
- Address Racial Disparities: The disproportionate enforcement of marijuana laws against Black, Latino, and Indigenous communities must be acknowledged and remedied.
- Support State-Level Initiatives: Descheduling would remove federal barriers that hinder states’ ability to regulate cannabis effectively and equitably.
- Prioritise Public Health and Safety: Without federal criminalisation, efforts to ensure safe and legal cannabis markets would be easier to implement nationwide.
Rescheduling’s Public Feedback and Recent Controversy
President Joe Biden’s directive to review marijuana’s classification set the stage for potential change, with the Department of Health and Human Services (HHS) recommending a move to Schedule III in 2023. Public comments poured in—over 43,000 submissions—with many favouring decriminalisation instead of rescheduling.
The process hit a snag in January 2025 when hearings on the rescheduling proposal were abruptly cancelled following allegations of misconduct by the Drug Enforcement Administration (DEA). Critics worry this setback could stall progress further, especially with new leadership changes at the DEA.
For CRCC, however, the focus remains on descheduling. They argue that the rescheduling process, while necessary for dialogue, fails to address the foundational problems of federal prohibition.
CRCC’s Vision for Equitable Reform
The CRCC has outlined a clear framework for how federal descheduling should work in practice. Their priorities include:
- Comprehensive Reforms: Beyond descheduling, policies must include expungement of past cannabis-related convictions and community reinvestment.
- Equity-Centred Initiatives: Federal support should enhance state-led programmes aimed at addressing historical harms, such as providing business opportunities for those disproportionately impacted by prohibition.
- Public Health Oversight: With descheduling, federal agencies could develop evidence-based regulations to mitigate risks like underage use and product safety concerns.
The CRCC emphasises that while these reforms won’t happen overnight, a decisive move to deschedule marijuana would lay the groundwork for meaningful change.
The Stakes for Marginalised Communities
The legacy of marijuana prohibition is deeply tied to systemic racism. Communities of colour have borne the brunt of harsh enforcement policies, with long-term consequences for employment, housing, and family stability. While many states have made strides to legalise cannabis, the federal government’s outdated stance continues to perpetuate harm.
For example:
- Black Americans are nearly four times more likely than white Americans to be arrested for marijuana possession, despite similar usage rates.
- The collateral consequences of cannabis-related arrests often include loss of voting rights, barriers to employment, and disqualification from public housing.
Descheduling is not just a technical change—it’s a moral imperative to rectify these injustices.
The CRCC remains steadfast in its advocacy for full descheduling, seeing it as the only way to ensure cannabis policies truly reflect values of equity and justice. With federal reform at a crossroads, the coalition urges policymakers to seize the moment and commit to transformative change. Their message is clear: meaningful reform starts with ending prohibition.