The Biden administration is being pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement–including a group that counts Drug Enforcement Administration (DEA) Administrator Anne Milgram among its members.
Law Enforcement Leaders To Reduce Crime & Incarceration, a group of veteran service organizations and the DEA have sent separate letters urging the reclassification of marijuana from Schedule I to Schedule III of the Controlled Substances Act. This recommendation was made by the U.S. Department of Health and Human Services.
The group of law enforcement officials includes former and current police chiefs as well as prosecutors and federal officials. They are “concerned” about the conflict that exists between federal and state laws regarding cannabis, which makes it difficult for the law enforcement agencies to effectively respond to urgent public safety issues.
Over 30 members signed the letter. Milgram, who is the current DEA Chief overseeing the agency’s marijuana scheduling review and a member, did not sign the letter. The letter was sent to her, but she wasn’t CCed.
The law enforcement leaders wrote: “We think that a reclassification to schedule III will help federal and state law enforcers better prioritize the limited resources for public safety,” they said. They can concentrate their efforts on working together in order to combat the harms caused by unregulated cannabis markets.
“Rescheduling also allows legal markets to compete in a level-playing field, potentially leading to more reinvestments into critical programs that can boost public safety. We urge the Drug Enforcement Administration (DEA) to follow HHS’s recommendation and reclassify cannabis as a Schedule III substance under CSA. This would improve public safety, and encourage more efficient and effective law enforcement across the nation.”
The Hill was the first to report the existence of this new letter. Other members of the Association who were not signatories of it include the former White House Drug Czar, the U.S. Marshalls Service Director and the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Director. Marijuana Moment contacted DEA to get a comment about the administrator’s association with LEL. However, a representative wasn’t immediately available.
Ronal Serpas is a former New Orleans police chief, and executive director of LEL. He told Marijuana Moment that it was absolutely crucial for law enforcement agencies to have clear federal cannabis laws, and not a patchwork policy. “Rescheduling” is an important step in helping local, state and Federal law enforcement work together effectively to combat real threats to the public’s safety like violent crime and dangers posed by an unregulated and illegal cannabis market.
32 former and current law enforcement officials across the United States sent President Biden today a letter urging him to move cannabis from Schedule I to Schedule III of the Controlled Substances Act. https://t.co/H7tRF3f4NL
Law Enforcement Leaders February 22, 2020
Veterans groups sent a letter late last week to DEA’s Milgram urging the agency to accept “immediately” HHS recommendation to reschedule cannabis.
Signatories included the heads of Iraq & Afghanistan Veterans of America, AMVETS and Minority Veterans of America.
They wrote: “The recommendation of HHS to move marijuana to Schedule III reflects an increasing acknowledgement of accepted medical uses and therapeutic benefits of cannabis-based products.” As organizations that are dedicated to advocating the well-being and health of veterans, we think the recommendation to move cannabis to Schedule III will increase access to alternative medicines for our heroes.
The letter was first reported on NBC News. It states that although the U.S. Department of Veterans Affairs policy allows veterans to discuss cannabis use with VA doctors, many veterans are still uncomfortable doing so due to fear of retribution.
The letter states that “as the nation’s leading healthcare provider, VA can and should do better when it comes to providing treatment options for veterans. Treatments are available in 38 States around the country in millions of civilian Americans who are not part of the VHA.” By accepting HHS’ recommendation to move cannabis to Schedule III, the VA can better integrate cannabis into its quest to provide the best possible care for the veterans that it serves.
“We realize that the administrative scheduling is a multi-step process, but the faster the DEA can move forward with a reclassification, the sooner cannabis could be integrated into our nation’s largest health care system, the VHA. Accepting the HHS recommendation quickly will allow the VHA explore innovative healthcare approaches that are targeted directly to the needs and wants of the veteran community they are dedicated to serving.
We are grateful for your dedication to public service. We also believe that accepting the HHS recommendation to implement Schedule III would lead to more treatment options available to our nation’s vets, which will include treatments that do not cause the side effects of current options. “We look forward to receiving your final decision.”
Our members have made it clear that they want to be able to access the most diverse range of treatment options and feel comfortable talking to their doctors about medical cannabis. We will continue leading the charge for alternative therapy. #Cannabis4Vets #IAVALeads
IAVA (@iava February 22, 2020
The Food and Drug Administration (FDA), however, recently revealed its scientific review of marijuana, which led it to recommend rescheduling. This process involved a thorough analysis of research as well as looking at hundreds and hundreds of social media posts to see how users described cannabis’ therapeutic effects.
The timing of a decision on marijuana rescheduling is still uncertain. It has been six months since FDA, under HHS, provided DEA its recommendation. Earl Blumenauer, founder of the Congressional Cannabis Caucus (D-OR), recently urged DEA to provide more information on its ongoing review. This included what the “planned deadline” for completion is and whether the agency will take into consideration the fact that several states have already legalized marijuana.
The correspondence was in response to a recent statement from DEA asserting that it had “final authority” over the rescheduling decisions–which, itself, was a response to a letter sent by Blumenauer and other bipartisan legislators.
A Republican congressman, who has been a long-time opponent of marijuana reform, claimed in a DEA letter that FDA reached a “misguided” conclusion to recommend rescheduling Cannabis. He challenged the scientific standards set by the health agency and pleaded with DEA to disregard them when it comes to making a final decision.
The letter was sent by Sens. Elizabeth Warren (D) and John Fetterman(D) along with Senate Majority leader Chuck Schumer (D) and other advocates of marijuana reform – urged DEA go beyond rescheduling and fully remove cannabis from the CSA.
HHS Secretary Xavier Becerra stated last month that his department has “communicated its position” to DEA on marijuana rescheduling and continues to provide additional information in order to help with the final decision.
Before HHS released a trove documents regarding its cannabis recommendation a coalition consisting of 12 Democratic state Attorneys General urged DEA to proceed with federal marijuana rescheduling. They called the policy change a ‘public safety imperative.
In a second letter, sent in December, 29 former U.S. Attorneys urged the Biden administration not to include cannabis on Schedule I.
In the same month, six U.S. governors–Colorado. Illinois, New York. New Jersey, Maryland, and Louisiana-sent a message to Biden , urging the administration to reschedule cannabis by the end last year.
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.
A coalition of Republican lawmakers, meanwhile separately, urged DEA “reject” top federal health agency’s recommendation to reschedule cannabis and keep it instead in the most restricted category under the CSA.
According to a recent survey, about 13 of marijuana users said they would return to the illegal market in case cannabis was rescheduled as a prescription-only drug and made available legally.
A recent survey revealed that Joe Biden could gain significant political benefits if marijuana were rescheduled as per his administrative directive. Biden does not directly control the outcome.
He has regularly praised his 2022 scheduling order, as well a mass pardon that he granted to people who had committed federal marijuana possession crimes. In December , he issued a new and expanded pardon declaration. The Justice Department has begun issuing certificates for those who applied in the second round.
According to one pardoned person, the Vice President Kamala Harris’s office has been reaching out to those who have received a cannabis-pardon to ensure that the certification process at Justice Department is proceeding smoothly. They also engage in broader conversations about cannabis policy reform.
Below, you can read the letter sent by law enforcement groups and veterans groups regarding marijuana rescheduling:
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