In a letter to the heads of both the Department of Justice and the Drug Enforcement Administration, 29 former U.S. Attorneys urge the Biden Administration to keep cannabis on Schedule I of Controlled Substances Act. They argue that marijuana has become “more dangerous, potent and addictive” since 2016.
The correspondence is part of DEA’s ongoing review of marijuana scheduling, after the U.S. Department of Health and Human Services recommended in August to move the substance from Schedule II to Schedule III .
Former federal prosecutors state in a new letter that “nearly no one has benefited from legal weed,” but one group is coming out ahead: drug cartels. The home-grow laws in many states led cartels to grow marijuana to reduce trafficking costs.
The letter to Attorney General Merrick G.arland and DEA Administrator Anne Milgram does not cite a specific source. Most states limit the number of cannabis plants that can be grown at home to less than 12 and prohibit unlicensed commercial sales.
The government claims that marijuana has no medical uses, but reformers have argued against this claim as more than 75 percent of U.S. States have medical cannabis laws.
Former prosecutors assert, however, that data “supports a determination that marijuana is not an accepted medical use, or safe use under supervised medical care.” They are referring to a review from June 2023 that concluded that “cannabis based medicines increased adverse effects related to the nervous system.”
The letter states: “We urge that you consider the scientific evidence that shows marijuana’s high addiction potential, its lack medical safety, and the impact of rescheduling on the prosecution of drug cartels, when you conduct your review.”
Former U.S. Attorneys also warned that rescheduling cannabis to Schedule III would have the effect that cannabis companies will no longer be under IRS rule 280E which prohibits standard business deductions from businesses working with Schedule I substances.
The letter states that “this means marijuana corporations will be able deduct expenses related to advertisements that appeal to youth, and for the sale of kid friendly marijuana gummies.”
Many states that have legalized marijuana already prohibit advertising of marijuana products for minors. They also pass regulations to limit their appeal to children.
The authors cited decades of drug-war thinking to support the idea that prohibition should be maintained. They wrote that “Democratic and Republican Administrations” have both followed science for fifty years and agreed that marijuana shouldn’t be rescheduled.
The factsheet of the National Institute on Drug Abuse, NIDA, stated that “researchers have not conducted enough large-scale trials to prove that the benefits (as opposed its cannabinoid components) outweigh the risks for patients.”
Nora Volkow, NIDA’s Director, has been telling federal officials and lawmakers for years that marijuana is a Schedule I drug, which creates a barrier in research. Volkow acknowledged more recently that she herself hesitates to research marijuana due to its Schedule I designation . Other researchers also feel the same way, she added.
Volkow raised similar concerns with research barrier around psilocybin and other psychedelics that are increasingly believed offer promise in mental healthcare treatment and other care.
The NIDA director also stated that there is “no proof” that marijuana consumption by adults can be harmful.
In a new letter, sent out this week by the former U.S. Attorneys, they claimed that 30 percent marijuana users became addicted to the drug and that the “marijuana addiction rate in Washington State after legalization was only 21 percent.”
The letter states: “We cannot afford to create another Big Tobacco which targets children.” “Placing cannabis in Schedule III would allow the industry to expand its commercialization capabilities.”
Smart Approaches to Marijuana, a group that advocates against marijuana use, posted the first letter to social media on Thursday morning. Kevin Sabet, SAM’s president, said in a statement that “we know that today’s THC-rich drugs can cause lower IQs, psychosis depression, suicidality motor impairment psychosis schizophrenia and other side effects.” The commercial drug industry will be boosted by rescheduling marijuana, and those who are addicted to it will suffer even more.
More than a dozen U.S. More than two dozen former U.S.
— SAM (@learnaboutsam December 14, 2020
Sabet said that he is “proud” of the fact that his organization organized the letter in conjunction with federal prosecutors who are from both partisan administrations. David Mangone, Policy Director at the National Cannabis Roundtable, said that this bipartisanship may be exaggerated, since most of the signatories are appointed by Republican Presidents. There is little administrative overlap.
The 16 nominees were all appointed by Trump.
3 were Democrats. Admin overlay – 2 Trump appointees that Biden reappointed and one Obama late term that Trump kept on https://t.co/3BBBmlxDPt
David Mangone (@MangoneDavid 14 December 2023
The agency sent hundreds of pages to DEA as part of its rescheduling recommendation. However, these documents have only been released in highly redacted form. The agency sent hundreds pages of explanations to DEA in support of its rescheduling recommendations, but these documents have only been released in a heavily redacted form . There is little or no information about the findings of the federal agency regarding possible medical benefits, addiction potential, or any other aspect.
CRS concluded recently that DEA was “likely”, based on previous precedent to follow HHS’ recommendation. However, DEA retains final authority over the CSA.
The governors of six U.S. States–Colorado Illinois New York New Jersey Maryland and Louisiana sent a letter earlier this month to President Joe Biden , urging him to reschedule cannabis by the end this year.
The letter of the governors states that “rescheduling marijuana aligns with a product that Americans can rely on.” It cites a survey that showed that 88 percent support legalization, whether for medical or recreational purposes. We may disagree on whether cannabis use or recreational legalization is a positive thing, but as governors we all agree that the cannabis market is here to remain, the states are regulated well, and we must support the state-regulated market for the safety of Americans.
The office of Colorado Governor. Jared Polis, the D. who headed the group’s letter, stated that rescheduling would “not only alleviate financial and safety concerns for business but also allow a flourishing industry to play a fully active role in the American Business environment.”
Polis, one of the earliest state officials to respond to the HHS rescheduling recommendations, told Biden via a letter dated September that he expected DEA to “expeditiously complete” its review and move cannabis to Schedule III. However, he added, this policy change should be accompanied by further administrative and Congressional action in order to promote health and safety, as well as economic growth.
Six former DEA directors and five former White House Drug Czars have sent a letter to the Attorney General and current DEA Administrator expressing their opposition to the recommendation of the federal health agency to reschedule cannabis . The letter also included a questionable statement about the relationship between criminal penalties and drug schedules, which could have exaggerated the impact of incremental reform.
The DEA and Office of National Drug Control Policy directors under both major parties’ presidents are among the signatories.
In October, advocates and lawmakers who support marijuana reform marked one year anniversary of Biden’s mass marijuana pardon. They also called on him to do even more.
Recently, two GOP senators, among them the Republican lead sponsor of an marijuana banking bill that passed a key committee in the last month have filed new legislation to prohibit federal agencies from rescheduling Cannabis without tacit consent from Congress.
A coalition of Republican lawmakers is urging DEA, meanwhile to “reject”, the top federal agency’s recommendation that marijuana be rescheduled and instead kept in the most restricted category under the CSA.
Below, you can read the full letter from former U.S. Attorneys Garland and Milgram:
A federal official says that the legalization of marijuana in some states has not really affected teen use, despite a new youth survey showing stable trends
Photo by Philip Steffan.
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