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Marijuana moment: Top Biden official tells Marijuana that the Feds are aiming to finish their cannabis scheduling review ‘this year’.

June 15, 2023 by Kyle Jaeger

Secretary Xavier Becerra, speaking at a Marijuana Moment press conference in Sacramento on Friday, said that the head of U.S. Department of Health and Human Services is aiming to give President Joe Biden a federal cannabis schedule decision “this coming year”, as the agencies are working “as fast as we can” to finish an administrative review.

Becerra, along with other federal officials, have in the past stated that they were “working expeditiously” on the review of cannabis and as directed by the president late last year. However, the timeline has been unclear. The secretary has now revealed when he plans to implement the president’s directive.

HHS’ Food and Drug Administration (FDA), under HHS, is conducting an eight-step review of marijuana to determine if it should be rescheduled or descheduled, and if Schedule I is the best place for the strictest controlled drugs, as defined by the Controlled Substances Act.

Becerra said to Marijuana Moment that “the president has instructed us, at HHS – FDA in particular – to take a closer look at the way we treat marijuana and see if we could update our review of it as a substance. We will also be looking at ways we can ensure how we handle marijuana going forward at the federal level.” “Places such as California have changed their laws but the federal government still hasn’t. So we were instructed to review the situation and are currently doing so,” Becerra told Marijuana Moment.

He stated that HHS and other agencies, such as the Drug Enforcement Administration(DEA), “work together to try and see if we could give the President an answer that is based on science and evidence.” Stay tuned. “We hope to be able get there fairly soon — hopefully this year.”

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures this year. Supporters of Patreon who pledge at least $25/month have access to our interactive charts, maps and hearing calendar.

To get access, become a Patreon member and learn more about our Marijuana Bill Tracker.

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The secretary’s timetable is not definitive, but it provides a new perspective on what he thinks can be achieved in the next six month.

HHS will then send a recommendation for scheduling to DEA , which will make the final decision. The scientific findings of the health agency are binding. However, DEA can theoretically ignore any recommendation that results from it.

Marijuana Moment, on its way out of Becerra’s Thursday press conference, which was focused on food innovation at the University of California Davis Health campus in Sacramento, asked him about his thoughts on a second drug policy issue, psychedelics.

The secretary stated that he would “defer” the expertise to the National Institute on Drug Abuse, which is also under HHS. “I want to be sure that I have a good grasp of what they are doing on this.”

He said: “But, as I have said, we’re working hard to spread the word as quickly as possible about marijuana.”

In the case of marijuana, legislators — including Congressional Cannabis Caucus co-chair Barbara Lee (D-CA),, and members the Congressional Progressive Caucus— have joined advocates to urge the Biden administration expedite scheduling review as legislators continue to work on incremental measures such as marijuana banking reform.

Justin Strekal of the BOWL-PAC told Marijuana Moment that the descheduling marijuana is a priority for the Biden administration to achieve its stated goals. These include restoring the integrity of the law, addressing issues of racial equality, and many other things.

He said: “There are few issues that are as deeply ingrained in the self-inflicted problem we face as a country as prohibition. Secretary Becerra and Attorney General Garland have an opportunity to bring justice and sanity to this issue by dealing with it correctly and quickly.”

Disclosure: Strekal is a supporter of Marijuana Moment through a pledge per month on Patreon.

Becerra is aware that the public has a great deal of interest in the work his department does to finish the review of scheduling. In March, he said that “we’re trying to work fast but we still have some hoops to jump through.”

The secretary said, “It has to go through several hoops, and safety and efficacy will be what drives this determination. So stay tuned”, who is known for playing into the symbolism 420 on twitter.

In March, more than a dozen congressional members from both parties sent Becerra a letter requesting transparency in the cannabis schedule review.

The letter stated that Biden’s scheduling directive is “an opportunity for an honest assessment of origins and consequences of federal policy.” It also added that marijuana was classified based on stigma, not science. And it’s now “time to address the reality of marijuana as a state regulated substance.”

Garland also said in March at a Senate Hearing that the DOJ “is still working on a policy for marijuana”, while waiting the results of a scientific review by health agencies.


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The first time Marijuana Moment published the article Federals Aim to Finish Cannabis Scheduling Review ‘This year,’ Top Biden official tells Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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