Federal Marijuana Rescheduling: An Update on the Progress
- Christopher D.
- Aug 15, 2024
- 4 min read

The landscape of marijuana legislation in the United States is undergoing significant transformation. The federal government is considering rescheduling marijuana, shifting it from Schedule I to Schedule III under the Controlled Substances Act (CSA). This potential change has far-reaching implications, particularly for states like West Virginia, where marijuana remains illegal for recreational use but is available for medical purposes under strict regulations.
Current Status of Marijuana in West Virginia
In West Virginia, marijuana is illegal for recreational use and only partially decriminalized in the city of Morgantown. Possession of small amounts is considered a misdemeanor. However, Senate Bill 386, signed into law on April 19, 2017, by Governor Jim Justice, established the Medical Cannabis Act. This act allows West Virginia residents with serious medical conditions to use marijuana in specific forms: pills, oils, and topical applications.
The Biden Administration's proposal to reschedule marijuana aims to address some of the stringent restrictions associated with its current Schedule I status, which categorizes it alongside substances like heroin and LSD. This shift to Schedule III, a less restrictive category, acknowledges marijuana's medical benefits while still imposing some regulatory controls.
Public Opinion and Federal Action
The public comment period for this proposed rescheduling recently concluded, with an overwhelming number of Americans voicing their support for more comprehensive reforms. According to the Drug Policy Alliance (DPA), nearly 70% of the 42,925 comments submitted supported either decriminalizing or fully descheduling marijuana. This strong public sentiment highlights the limitations of merely rescheduling marijuana without addressing the broader issues of federal criminalization and its associated harms.
For medical marijuana patients in West Virginia, the rescheduling of marijuana to Schedule III could bring several benefits:
Tax Parity for Medical Marijuana Businesses: Medical marijuana dispensaries would enjoy tax benefits, potentially reducing costs for patients.
Easier Access to Research: Rescheduling would likely ease restrictions on marijuana research, leading to more comprehensive studies on its medical benefits and potentially new treatment options.
Reduced Stigma: Moving marijuana to a less restrictive schedule could help reduce the stigma associated with its use, encouraging more patients to consider it as a treatment option.
Why Medical Marijuana Is the Right Choice
Despite the ongoing federal discussions, it remains crucial for West Virginia residents to understand the importance of obtaining a medical marijuana card. Here are a few reasons why medical marijuana is the right choice:
Regulated Access: With a medical marijuana card, patients have access to regulated products, ensuring consistency in dosage and quality.
Legal Protection: Medical marijuana cardholders are protected under state law, shielding them from prosecution for the possession and use of marijuana in permitted forms.
Tailored Treatment: Medical marijuana offers a range of strains and formulations tailored to specific medical conditions, providing patients with more effective treatment options.
Support from Medical Professionals: Obtaining a medical marijuana card involves consultation with healthcare providers, ensuring that its use is medically supervised.
What’s Next?
While the rescheduling of marijuana to Schedule III is a step in the right direction, it is not a comprehensive solution. Federal criminal penalties for marijuana would still exist, and the racial and social equity issues stemming from its prohibition remain unaddressed. The Biden Administration has the opportunity to go further by endorsing legislation such as the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which seeks to deschedule marijuana and address the broader harms of criminalization.
The proposed rescheduling of marijuana at the federal level marks a significant shift in the approach to marijuana regulation. For states like West Virginia, where marijuana remains illegal for recreational use, this change could bring considerable benefits to medical marijuana patients. However, it is crucial to continue advocating for more comprehensive reforms that address the full spectrum of issues associated with marijuana prohibition.
As West Virginia residents await the final decision on federal rescheduling, it remains essential to consider the benefits of medical marijuana and the importance of obtaining a medical marijuana card. By doing so, patients can access regulated, effective treatment options while being protected under state law.
Get Your Medical Marijuana Card Today!
Medical marijuana is legal in the State of West Virginia, and you can apply for your very own medical card today! You need your medical card to visit any dispensary in the state.
If you think you may benefit from medical marijuana, there is a good chance you will qualify for a card. It is now easier than ever to get your card with telemedicine, right from the comfort of your own home!
Being a West Virginia medical marijuana patient allows you the freedom to establish your own personalized treatment plan. We’re dedicated to helping patients every step of the way!
Feel free to give us a call at 877-303-8424 and we can answer your questions about getting a medical marijuana card in West Virginia.
Doctors Who Care.
Relief You Can Trust.
West Virginia Marijuana Card’s mission is to help everyone achieve wellness safely and conveniently through increased access to medical marijuana. Our focus on education, inclusion, and acceptance will reduce the stigma for our patients by providing equal access to timely information and compassionate care.
If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!
Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information.



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