Daniel Stockmann, Omaha marijuana defense lawyer, didn’t always dedicate his practice to defending people against cannabis charges. Though he has been practicing in the region as a drug defense attorney for nearly two decades, honing in his practice was born from necessity. The feds, the state of Nebraska, and local authorities were intentionally targeting people for cannabis possession and trafficking, especially after Colorado laws changed. Now, it seems the feds are reconsidering their stance, presenting the on-again, off-again romance with the idea of reclassifying, and perhaps legalizing the leafy substance.
Cannabis May Make a Move from Schedule I to Schedule II
There is much discussion about reclassifying marijuana from a Schedule I substance to a Schedule II substance. This is an important distinction, as Schedule I substances have no known medicinal value. With cannabis labeled as a Schedule I drug, it sits on a list with substances like heroin, LSD, and ecstasy, and comes with very harsh penalties at a federal level. Should it be reclassified as a Schedule II, more research will be able to be conducted on it and some of the taxes associated with it dissipate.
The FDA has Evaluated Marijuana
Numerous federal agencies have been delving into cannabis-related research to determine the medicinal value and associated health risks. As part of this, the FDA was called upon to provide a report and recommendations. The agency previously presented findings in 2001 and 2006 that indicated the drug should remain a Schedule I substance. Though the findings of the latest FDA report have not been publicly released, they were delivered to the DEA prior to September 2015.
The DEA Promised an Announcement Would Be Made Early in 2016
Initially, the DEA agreed to make an announcement during the first half of 2016 regarding the schedule change, but this was delayed. After the deadline came and went, the DEA was expected to make an announcement on September 1. When the DEA was pressed for more details, a statement was released, explaining that the DEA does not have a date scheduled, though experts believe the announcement will not come until 2017 at this point.
Will this Make Weed Legal?
In a way, this could make cannabis legal across the United States, as it will be a Schedule II drug, like morphine, OxyContin, Adderall, and Ritalin. However, restrictions will still be in place and it will be treated as a medicine. Charges may still be filed against those who abuse it or use it recreationally, just as we see now with opiate abuse and prescription fraud cases. Individual states will also be able to adopt unique laws to combat the use of cannabis and its derivatives. Ultimately, though, no word has been given as to whether the FDA has even recommended that marijuana be reclassified, nor whether the DEA will take heed.
Retain a Top Omaha Marijuana Defense Lawyer Today
If you or a loved one is facing cannabis-related charges, it’s important to retain an experienced Omaha marijuana defense lawyer right away. The stakes remain high as long as cannabis remains a Schedule I drug and will continue on even if it is reclassified as a Schedule II. For a free consultation with Daniel Stockmann, call (402) 884-1031 today.
