Colorado’s governor applauds President Joe Biden for his recommendation to reschedule marijuana after the top health agency of his administration recommended it. But he insists that this initial step must be followed by more action in order to address cannabis banking and immigration concerns, criminal justice reform, and federal enforcement concerns.
He said that this should include the development of Food and Drug Administration (FDA), which would clarify its position on state-legal cannabis activities.
In a Tuesday letter to Biden, Gov. Jared Polis, a Democrat from Colorado, commended the U.S. Department of Health and Human Services for advising the Drug Enforcement Administration to move marijuana to Schedule III of Controlled Substances Act.
The governor said, “It is about time.” This is a historic moment, and we owe your Administration a great debt of gratitude for their leadership in catching up to where the science is.
Polis was one of the first officials to respond to the HHS recommendation , last week. A spokesperson stressed that a Schedule III designation would allow marijuana businesses licensed by state to finally take federal tax deductions.
In the letter, Biden was informed by the governor that, while he expected DEA to “expeditiously complete” its review and move cannabis to Schedule III, this policy change should be accompanied by further administrative and Congressional action to promote safety, health and economic growth. He also said that DEA shouldn’t use international treaties to guide its decision.
He said that “our country, like Canada, is already in violation of the state-regulated program,” which he attributed to our government. It’s time to re-negotiate these treaties rather than hiding behind them.
Polis also stressed that it was important to pass legislation that protects banks who work with state-legal cannabis businesses from being penalized. Senate Majority leader Chuck Schumer, D-NY, recently included the Secure and Fair Enforcement Banking Act on a list of legislative priorities for this year .
The lack of traditional banking services in prohibition creates a risk to public safety because the industry relies on cash transactions.
The governor said that “because of these federal problems, the illicit market continues to exist and hemp-derived cannabinoid products are unregulated.” praised his state’s leadership on the legalization of marijuana and psychedelics in the past month. Illegal products are sold without age verification or labeling and packaging standards. We need to support a well-regulated market as public servants that care about the health and safety of Americans.
Polis continued to state that in order to protect “the sanctity” of the state markets we have developed over the last decade, it is also necessary to develop and publish FDA enforcement guidelines to minimize economic disruptions, promote state and federal collaboration, and to protect the public health.
He wrote: “To provide clarification, we hope you will pressure FDA to publish guidance that outlines their enforcement discretion as well as priorities in relation to the state-regulated marijuana industry.” “Specifically, a policy on enforcement discretion should state that FDA won’t bring compliance actions against companies who are in compliance with state laws and are not making health claims or marketing their products to children.
Some people have expressed concern that moving cannabis from Schedule II to Schedule III would embolden DEA to crackdown on state-legal marijuana markets. Matt Gaetz, a Republican from Florida, said Monday that he fears rescheduling will cause the pharmaceutical industry take “control” over cannabis.
Others have tried to temper these concerns. , who was a former FDA top official and chaired its Marijuana Working Group, predicted that HHS will make a Schedule III recommendation. He recently stated that he does not believe that reclassification of marijuana would change the way FDA approaches it.
Polis’s suggestion is to codify this hands-off, administrative guidance.
The governor said that even if marijuana were classified as Schedule III, federal criminal penalties would still apply. “It is also necessary to address criminal penalties related to cannabis because disparities are prevalent among Americans.”
The most significant aspect of the American cannabis policy is that African American men are arrested nearly four times more than their white counterparts, despite cannabis use at similar levels. He said that we must do better, and added that “a signal from you showing support for criminal justice Reform would go a very long way towards bringing young voters to the polls by 2024.”
Polis then cited economic projections for the marijuana industry as the legalization trend spreads. He stated that the Biden Administration “will be credited soon with saving hundreds and thousands of jobs as well as significant tax revenue for states when DEA confirms FDA’s recommendation.”
Biden has not personally commented on the HHS’ recommendation. The recommendation was sent to DEA after the President’s late-last-year directive that the agency conduct a scientific review of cannabis. The White House Press Secretary said incorrectly on Friday, that Biden “always supported”, legalizing medical marijuana. Biden was a Senator who championed legislation that intensified the war against drugs.
Polis’s note to Biden concluded, “Let’s work together to complete the task and celebrate this progress.” Please come back to Colorado soon. We appreciate your leadership.
The White House has said that it will not comment on the rescheduling recommendations because an independent administrative review continues, and the DEA is now conducting its own eight-factor analyses to come up with a final decision.
It would not be federal legalization of marijuana, but it could have sweeping effects for businesses, federal employees, research, and more. This would not federally legalize cannabis, but it would open up research on the plant. It could have significant implications for the marijuana industry.
has described the recommendation as an important step on the road to federal legalization. has credited others for the decision, citing their advocacy of marijuana reform.
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Politically, reclassifying marijuana from Schedule I into Schedule III will allow the president say that he has helped achieve a major reform. He can also facilitate an administrative review which may lead to a reclassification more than 50 year after cannabis was classified in the most restrictive category when the federal government began its war on drugs. It would still not be a fulfillment of the campaign promise to decriminalize cannabis.
Polis, who signed legislation in May to implement new regulations on substances such as psilocybin and ayahuasca , has called upon lawmakers in Colorado to take steps that will allow him to pardon people with previous psychedelic convictions.
In June, the governor also signed into law a bill that allowed online marijuana sales. This reform was implemented last month.
Recently, he also approved legislation that will strengthen marijuana-related protections in the state for working professionals–effectively codifying a executive order he released last year.
Below, read the Colorado Governor’s Letter to Biden about the next steps in cannabis reform during the rescheduling process:
The Lawmakers move to end marijuana testing for federal job applicants and promote psychedelics access for military members
The post Colorado Gov. Applauds Biden On Marijuana Rescheduling Recommendation But Urges Action On Banking and FDA Enforcement Guidance first appeared on Marijuana moment.
