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31 Bipartisan Lawmakers in the House Push DEA to Consider ‘Merits of Marijuana’ Legalization as It Completes Schedule Review

October 27, 2023 by Kyle Jaeger

A group of 31 bipartisan House members sent a letter to the director of the Drug Enforcement Administration, urging him to consider the efforts of Congress and the states to legalize marijuana when he reviews cannabis’s schedule. They also criticized simple rescheduling, and pushed for a complete removal from the Controlled Substances Act of marijuana.

The Friday letter from Congressional Cannabis Caucus Co-Chairs Rep. Earl Blumenauer, Dave Joyce, Barbara Lee, and Brian Mast to DEA Administrator Anne Milgram was first reported on Punchbowl News. It states that President Joe Biden’s directive to conduct a marijuana scheduling review at the DEA is a “necessary” step to ending the federal government’s discriminatory and failed prohibition of cannabis.

The lawmakers stated that as the DEA completes its review, which comes after the U.S. Department of Health and Human Services recommended that DEA shift marijuana from Schedule I into Schedule III of Controlled Substances Act CSA — they said the law enforcement agency must consider the fact that Congress is working on comprehensive federal cannabis laws.

The letter states that “the Administration and relevant agencies like yours should acknowledge the merits and work with Congress leaders to ensure that this happens.” It also adds that prohibitions “do not reflect the will broader American electorate,” and that it is “time that [DEA]’s work fully reflects that reality as well.”

The lawmakers noted that the majority of states had legalized marijuana in some way, and both parties have introduced federal legislation to do the same. They noted that the House had twice passed comprehensive legalization bills.

“Also, normalizing federal cannabis regulations and ending the unjust scheduling marijuana go hand in hand. The federal government needs to correct the prohibition of marijuana and its continued criminalization, creating legal jobs, promoting public security and not unjust imprisonment, and upholding state regulations of cannabis production, taxes, and sales. “We do not deny the need for legislative action in many of these areas, but we believe that all branches of federal government and relevant agencies should recognize the necessity to deschedule cannabis to protect each state’s will.”

They said that while moving marijuana from Schedule III to Schedule IV would “start to rectify this disconnect” between federal policies and state policies it would still not be enough for “marijuana patients and consumers”, “marijuana business owners, and cannabis businesses.”

The lawmakers said that “descheduling” is needed to end the federal prohibition of marijuana and help law enforcement officers prioritize the public’s safety. The lawmakers continued, “Descheduling is also the best way to reduce the legal uncertainty that small businesses face in states with regulated marijuana markets. It creates opportunities for regulating commercial marijuana activities and taxing them.”

The letter concluded, “While Congress is working to send President Obama comprehensive cannabis legislation, DEA’s stance on cannabis reform should be informed by the urgency of descheduling, and the appropriate enforcement centered around promoting public safety, rather than unjust criminalization.” “Marijuana’s continued insensitive scheduling is arcane and out of touch with the will the American people.” We are looking forward to receiving your response, and to the Drug Enforcement Administration working transparently with Congress and taking this important step.

The letter was also signed by Reps. Jack Bergman, Bonnie Watson Coleman, David Trone and David Trone.

The letter is a counterbalance for other recent messages DEA received from Congress opponents of reform, former DEA and White House Drug Czars who claim that even moving cannabis to Schedule III would be too far .

A coalition of Republican lawmakers recently urged DEA “reject” top federal health agency’s recommendations to reschedule cannabis, and instead keep it under the most restrictive category in the CSA.

Two GOP senators have recently introduced new legislation that would prohibit federal agencies from rescheduling marijuana without the tacit approval of Congress.

Supporters of cannabis reform and advocates of legislation have marked the anniversary of Biden’s pardon of marijuana and his scheduling directive with a call for him to do more, including by extending the relief of his pardon, and by explicitly supporting federal legalization.

HHS published a heavily redacted version this week of a letter sent to DEA’s Milgram in regards to the agency’s recommendation for marijuana rescheduling. The letter confirmed some previously reported details, such as the date, August 29, of the correspondence and the author Rachel Levine, Assistant Secretary for the Health at HHS. The letter was redacted in order to remove the content of the message, such as the schedule recommendation and the scientific review that were attached to it.

Below, you can read the letter that the Congressman sent to the DEA in regards to its marijuana scheduling review:


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Photo by Philip Steffan.

The post 31 Bipartisan Lawmakers Push DEA to Consider ‘Merits of Marijuana’ Legalization as It Completes Scheduling Review first appeared on Marijuana Minute.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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