Beer, Wine, Whiskey, Cigars, and Cigarettes Are Not on the DEA’s List of Controlled Substances. Cannabis Shouldn't Be Either.

By Jeffrey Singer —
The DEA announced its plans to re-schedule cannabis from a Schedule 1 drug to Schedule 3 on its list of controlled substances. But this makes it federally illegal to consume cannabis without a doctor’s prescription. We don’t need a doctor’s prescription to purchase alcohol for recreational use at the corner liquor store. We shouldn’t need one for recreational cannabis.

The Drug Enforcement Administration announced today that it intends to reschedule cannabis as Schedule III on its schedule of controlled substances. For the past half‐​century, the DEA classified cannabis as Schedule I: “No currently accepted medical use and high potential for abuse.”

Of course, no serious person would argue that cannabis has “no currently accepted medical use.” As far back as 1916, Sir William Osler, the so‐​called “father of modern medicine,” recommended cannabis as the “drug of choice” for treating migraines. But cannabis’s history of “accepted medical use” dates back to at least 2800 B.C.

President Biden had asked the Department of Health and Human Services to review cannabis classification in 2022, and last summer HHS recommended that the DEA reclassify cannabis to Schedule III: “Drugs with a moderate to low potential for physical and psychological dependence.” 

The good news is that the federal cops practicing medicine—the DEA—finally recognize that cannabis has medicinal uses. Rescheduling should make it easier for patients to obtain the drug with a prescription in the states that have not yet legalized medicinal cannabis. To date, 38 states and the District of Columbia have legalized medicinal cannabis. It will also make it easier for researchers to perform high‐​quality studies on the plant’s medicinal uses. And it will make it easier for cannabis retailers to take federal tax deductions from which the law has barred them. 

The bad news is that it is still federally illegal for people to use cannabis recreationally. With rescheduling, the only way people will be federally permitted to purchase and consume cannabis will be if a health care practitioner prescribes it to them. This should be welcome news to recreational cannabis purveyors in the unregulated black market in the 26 states where recreational cannabis remains illegal.

The medical profession has long recognized that alcohol has medicinal uses. There is evidence that consuming moderate amounts of alcohol may be good for you. Alcohol can also be addictive and cause serious health problems, including cirrhosis, gastrointestinal cancers, cardiomyopathy, and encephalopathy. Yet, after their disastrous experience with alcohol prohibition, federal regulators have never sought to list alcohol as a controlled substance. People don’t need a doctor’s prescription to purchase a product from their local liquor store.

Tobacco has no currently known medicinal use but many known harmful effects. And, while relatively harmless, the nicotine in tobacco smoke can addict smokers and expose them to tobacco smoke’s harmful components. Yet the DEA has never listed cigars or cigarettes on its schedule of controlled substances, even though one can argue that they have “no currently accepted medical use and a high potential for abuse.”

I am not arguing for the DEA to add alcohol and tobacco to its list of controlled substances. On the contrary, I am calling for the DEA to remove a much less harmful—and more medicinally useful—product from that list.

Rescheduling cannabis is nice. It’s a small step in the right direction. But it doesn’t go far enough. The DEA should de‐​schedule cannabis.

Reprinted with permission by Dr. Singer. The original article can be found here 

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Jeffrey Singer

Jeffrey A. Singer is a senior fellow at the Reason Foundation, where he focuses on health care policy and drug policy. He is President Emeritus and founder of Valley Surgical Clinics, Ltd., Arizona's oldest and largest private group surgical practice. From 2017 to 2026, he served as a senior fellow in the Cato Institute's Department of Health Policy Studies and as a Visiting Fellow at the Goldwater Institute. Singer is a member of the Board of Scientific Advisors of the American Council on Science and Health and serves on the expert panel for Doctors for Drug Policy Reform. From 1994 to 2016, he was a regular contributor to Arizona Medicine, the journal of the Arizona Medical Association. He served on the Advisory Board Council of the Center for Political Thought and Leadership at Arizona State University from 2014 to 2018. His writings have appeared in peer-reviewed medical and scientific journals, as well as in publications such as the Wall Street Journal, Washington Post, USA Today, The Hill, and National Review. He has been a guest on national and local television and radio. Singer received his BA from Brooklyn College (City University of New York) and his MD from New York Medical College. He is a Fellow of the American College of Surgeons.

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