Dating back to last summer, the rescheduling vibes had been in the air. But Matt Zorn getting his hands on the Department of Health and Human Services’ recommendation letter to the Drug Enforcement Administration put the hype levels into overdrive. 

First and foremost, this isn’t some kind of finish line for anything. The real endgame that comes out of this is cannabis being that much easier to research and then push off the controlled substances list period. But it’s a tricky thing to get excited about. NORML Deputy Director Paul Armentano reminded everyone that no drug that has not gone through the FDA approval process has ever been made Schedule III in an interview with Forbes last week. 

He also emphasized descheduling as an end goal. And that’s fair, as many have noted over the last few weeks, alcohol isn’t even on the controlled substances list. That’s despite over 10,000 people a year losing their lives in accidents involving drunk drivers. In total, there are roughly 95,000 alcohol-related deaths annually in the country. 

We hit on many of the core parts of the conversation last week when covering the 13 state attorney generals that came out supporting rescheduling. Those included tax deductions, housing, and immigration rights, and bank accounts for the cash-heavy industry in constant fear for its safety. 

But there are plenty of other parts of the discussion. Moving out of Schedule I is like beginning the walk to the starting line for the international distribution of California cannabis. Sure, it’s still a good distance away, but any kind of progress on the subject had to start with this first step. Here we are a decade removed from legalization first starting to pop up in North America. Who would have thought countries like Canada and Colombia would beat us to shipping products to Europe?! But here we are. 

There was no hope at the end of the tunnel of that changing anytime soon, but if rescheduling makes it through the DEA despite the lack of FDA approval, there will be at least a flicker. 

The conversation on rescheduling in recent weeks has been very business-oriented. But what impact would it have on the people still serving time for cannabis convictions? 

We reached out to Luke Scarmazzo a few weeks ahead of him celebrating a year since his release from federal prison. Scarmazzo ran a state-legal cannabis dispensary in Modesto until he got raided in the 2000s and went on to serve 14 years of a 22-year sentence. 

He was quick to agree with the wider descheduling sentiment but the move to further normalization will certainly benefit those still serving time. 

“It’s not perfect, but it’s a step in the right direction. And it’s a step towards the descheduling, which is where we ultimately need to be,” Scarmazzo told L.A. Weekly. “As far as how rescheduling affects people that are in the justice system, it is nuanced.”

Scarmazzo went on about how much of the time you hear people talking about Schedule I — you hear them speaking on what is seen as the two primary qualifiers. Those are the high risk of addiction and no recognized medical value. 

“It’s the highest potential for abuse, no efficacy, no medical use, but also, it’s supposed to carry the highest penalties, because it’s the most dangerous,” Scarmazzo noted. 

He thinks a combination of a move to Schedule III and the U.S. Sentencing Commission’s move last November to modify how compassionate release works could really be beneficial to cannabis offenders still in prison. 

We asked Scarmazzo if he was someone still incarcerated, would he wait to push for a compassionate release until after the smoke clears around the Schedule III move.

“You wait. Absolutely. If I were an attorney advisor, I’m not, if I were an attorney advising someone and they’re fighting an old cannabis offense right now, I would absolutely tell them to wait at least until a few months before the election,” Scarmazzo replied. “I think we’re going to see a rescheduling before the election happens.”

He argued a lot of the lifetime-appointed federal judges are very by-the-book. That’s how they got there. So if they have a new book to work with in a few months, cannabis offenders may very well be a lot better off in their attempts at getting home.