The reclassification of cannabis under the Federal Controlled Substances Act: legal implications for Puerto Rico

Donald Trump issued a directive to several federal agencies with the purpose of

The directive calls for a change in cannabis classification, from Schedule I to Schedule III. This directive essentially requests the passage of legislation and regulations necessary to substantially reclassify cannabis, thereby opening it up to research and use. Cannabis has been classified as a Schedule I substance since the 1970s. This category implies that the substance has no accepted medical use, possesses a high potential for abuse, and is illegal at the federal level. In contrast, Schedule III recognizes accepted medical uses and a considerably lower potential for abuse.

So, what does this mean for Puerto Rico right now? The short answer is:

Nothing, for now. This potential change is not directly related to recreational cannabis, nor does it promote it in any way. The decision to legalize or not the recreational use of cannabis rests exclusively with each state or jurisdiction, regardless of the federal classification given to the substance.

In this process, which is slow and highly bureaucratic, it is important to understand that the

The President of the United States cannot compel states to take any action. There is a clear separation between the federal government and the states, which enjoy autonomy. The states, including Puerto Rico, will wait for the federal Controlled Substances Act to be amended. Once that occurs, they will then proceed—if they deem it necessary—to adjust their state laws, regulations, and rules accordingly. Subsequently, regulatory agencies and the private sector will react in a domino effect.

Among the positive aspects of a potential change to Category III, it is worth noting that the tests

Cannabis doping tests in employment could be eliminated, even in federal jobs. This would represent a significant step in combating employment discrimination based on cannabis use.

However, the change to Category III could also have significant repercussions for

The crops, the manufacturers, and the dispensaries. Once the FDA assumes a more active role, there is a possibility that additional, potentially costly, federal requirements will be imposed on the industry. Furthermore, this reclassification could mean that doctors would face no restrictions on prescribing cannabis and that even pharmacies could become involved in the dispensing process.

Even so, it's wise to wait patiently before celebrating. The question that remains is

Why now? Who lobbied to get cannabis classified as a Schedule III drug? What real interest does the federal government have in this plant? We all know it's not about cultural affinity or sympathy for cannabis. The fundamental question is: what plans does the federal government have in mind?

Mr. Gabriel Sifre

CONSULTANT

@unamoñasinpelo