The crowning inconsistency of the federal drug control system has always been the classification of marijuana as a Schedule 1 substance under federal law, which makes it among the Worst of the Worst drugs as far as the DEA is concerned – literally as bad as heroin, and worse than cocaine! Drug reform advocates have pushed the DEA to change its position for years, citing decades of research on the relative harmlessness of weed compared to other drugs – including alcohol – but the agency hasn't budged, even as public opinion has rapidly evolved.
Much to the chagrin and outright befuddlement of drug law reformers, however, outgoing attorney general Eric Holder has repeatedly stated that any changes to the scheduling status of marijuana should be made by Congress.
a bipartisan group of congressmen asked the administration to [re-schedule marijuana] … In essence, the Justice Department and Congress are both begging each other to fix federal marijuana laws, but nobody's doing anything.