In response to a Freedom of Information Act request filed by an attorney last year, the Department of Health and Human Services has agreed to release all documents related to their recommendation to reschedule federally marijuana.
In an email sent to Matt Zorn by a Department of Justice lawyer handling the case on Thursday, he wrote: “Good afternoon. Thank you for your patience.” The agency has informed that the letter will be released in its entirety.
Zorn shared a screenshot from the email in his blog. He noted that it could indicate that “a rescheduling was imminent — or not.”
He pointed out that when the government announced a rescheduling of marijuana through a Federal Register announcement, it “would attach the letter and its attachments” to this posting.
Zorn last month received more than 250 pages from the rescheduling advice letter and supporting documents that HHS sent to the Drug Enforcement Administration last year. However, the majority of these documents were only released in a heavily redacted format.
Zorn told Marijuana Moment in a telephone interview that the latest development came after a “little fight” with the federal authorities over the timeline of his FOIA suit. Zorn, who said he’d normally accept the request from the Justice Department to withdraw a summary judgment deadline set for January 18th, instead filed a brief opposing the motion. The judge denied the government motion.
He said that “realistically” the lawsuit could’ve accelerated the timing of government’s announcement. However, it’s possible that only the letter would be released, without DEA announcing a quick decision on the ongoing review.
HHS released , a heavily redacted version, of a one-page letter sent by the health agency to the DEA, in October. This was done to respond to requests for public records from news organizations like Marijuana Moment, and lawyers such as Zorn.
Shane Pennington is a lawyer and co-author of the On Drugs Blog, which he writes with Zorn. He praised his colleague for her efforts in urging the release of the documents.
Matt has once again demonstrated that litigation can be a powerful tool to unlock doors, solve problems, and do the “impossible,” he said in an email. “I’m honored to have worked with Matt on On Drugs, and many other projects.”
The documents, it is believed, discuss the new scientific information which has been revealed in recent years. HHS believes that this may require a rescheduling of marijuana.
HHS initially sent a rescheduling message to DEA on August last year . The memo reportedly advised the government to move cannabis to Schedule 3 of the federal Controlled Substances Act, alongside drugs such as ketamine and Tylenol containing codeine.
Many are waiting for the latest updates now that DEA has received the recommendation to reschedule.
The Congressional Research Service (CRS), based on previous precedent , concluded that DEA was “likely to” follow HHS’s recommendation. However, DEA has the right not to follow HHS’s advice as it is the final authority over the CSA.
In a recent letter to Congress, DEA reiterated that it had “final authority” over rescheduling decision, regardless of recommendations from the health agency.
It states that “DEA has final authority to schedule a drug, reschedule it, or deschedule it under the Controlled Substances Act after considering relevant statutory criteria, regulatory criteria, and HHS’s medical and scientific evaluation.” “DEA is currently conducting its review.”
The statement was made in response to a letter sent by 31 bipartisan legislators, led Earl Blumenauer (D) of Oregon. In that letter, urged DEA to take into account the “merits’ of legalization when it conducted its review. The initial letter also criticized placing cannabis under Schedule III as opposed to removing it from CSA’s control.
Recently, six U.S. governors–Colorado. Illinois, New York. New Jersey, Maryland, and Louisiana-sent a message 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 earlier in a letter in September, that although he expects DEA to “expeditiously complete” its review and move cannabis to Schedule III.
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.
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 prevent 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.
Kyle Jaeger reported this story.
Why some activists fear marijuana rescheduling: Responding to former FDA official’s dismissal of our concerns (Op-Ed).
Photo by Carlos Grancia.
The post Feds to Release Marijuana Rescheduling Memo and Related Documents “In Their Entirety” In Response To Lawsuit first appeared on Marijuana Minute.
