(Reuters) — The U.S. Department of Justice moved Tuesday to make marijuana use a less serious federal crime, taking a step to reclassify the drug out of a category that includes heroin in a shift that, once completed, would shake up cannabis policy nationwide.

The Justice Department, which oversees the Drug Enforcement Administration, recommended that cannabis be classified as a so-called schedule three drug, with a moderate to low potential for physical and psychological dependence, instead of schedule one, which is reserved for drugs with a high potential for abuse, two sources confirmed to Reuters.

Penalties for use of schedule three drugs are less severe under federal law.

The proposal is being sent to the White House Office of Management and Budget for review and finalization, the sources said, while cautioning that there would still be a public comment period and a regulatory process to come.

President Joe Biden initiated a review of the drug's classification in 2022, fulfilling a campaign promise. Currently, the drug falls under the DEA's class that includes heroin and LSD. It would be moved to a group that contains Tylenol with codeine and ketamine.

Reclassifying marijuana represents a first step toward narrowing the chasm between state and federal cannabis laws. The drug is legal in some form in nearly 40 states.

While rescheduling the drug does not make it legal, it would open up the doors for more research and medical use, resulting in lighter criminal penalties and increased investments in the cannabis space.

The DEA declined to comment.

The Justice Department's move came after the Health and Human Services Department in August recommended rescheduling cannabis as part of President Biden's ordered review.

Public support for marijuana legalization in the United States has risen significantly over the past few decades, reflecting growing acceptance of recreational and medicinal cannabis use.

Colorado and Washington became the first states to allow recreational marijuana in 2012.