Two opposing advocacy coalitions have united to urge President Joe Biden, who represents the opposite end of the political spectrum, to remove marijuana under the federal Controlled Substances Act. They claim that this is the only way to fulfill the president’s election promises to decriminalize Cannabis.
Both groups have a left-leaning Marijuana Justice Coalition, and a more conservative Cannabis Freedom Alliance. The former group includes American Civil Liberties Union (ACLU), Human Rights Watch (HRW), Center for American Progress (CAP), Leadership Conference on Civil & Human Rights and Drug Policy Alliance. While the latter group is led by the libertarian Reason Foundation, Americans for Prosperity and R Street Institute.
In a letter sent to Biden on Thursday, both coalitions noted that they together “represent an array of non-profit groups and public interest organizations.”
They wrote: “We are writing as one voice to emphasize that only by removing marijuana from the Controlled Substances Act can you fulfill your promise made to the American public regarding decriminalization of cannabis.”
The Department of Health and Human Services has recently recommended to the Drug Enforcement Administration that marijuana be rescheduled to Schedule III of CSA. However, both coalitions claim that this change will fall short of Biden’s promised reform.
The groups stated that “any action to move marijuana into another CSA schedule, rather than removing the current schedule, would maintain federal criminalization for these programs, licensed businesses, and individuals who operate in a legal manner according to existing state rules and regulation,” they wrote. The groups wrote that “further, the mere change in scheduling classification would not reduce existing mistrust of law enforcement regarding cannabis due to the overwhelming public support for ending criminalization.”
They continued: “For these reasons and more, we sincerely ask that you oppose merely rescheduling marijuana under the CSA. Instead, we urge you to completely deschedule this substance.”
The letter states that removing marijuana from the CSA completely would allow state-based programs to “function as intended without excessive federal interference,” although the groups call on Biden also to encourage Congress in crafting “a well thought-out plan for reasonable Federal regulation and for implementing Interstate Commerce” as part federal descheduling laws.
The letter concluded, “Now is time to end federal cannabis criminalization, Mr. Presiden,” not to rebrand marijuana.
Justin Strekal of Better Organizing to Win Legalization, a member the Marijuana Justice Coalition said in a release that “ending marijuana criminalization has never before enjoyed such a level of organized, cross-ideological, support.”
He said: “It’s critical that the president and his government recognize now is the right time to deliver a victory for the American People by delivering a rational, just and fair cannabis policy in the future.” At this point, failing to do so should be considered as political malpractice.
Disclosure: Strekal is a monthly Patreon contributor to Marijuana Moment.
The letter from the advocates follows a separate initiative by 31, bipartisan House Members who urged DEA last month to consider descheduling cannabis completely instead of moving the substance into Schedule III. The advocates also called for the agency to take into account current state and federal legalization efforts when it reviews the HHS recommendation.
The letter was sent by Congressional Cannabis Caucus Co-Chairs Earl Blumenauer (D) (OR), Dave Joyce(D) (OR), Barbara Lee(D-CA), and Brian Mast(R-FL) to DEA Administrator Anne Milgram. It stated that “the Administration and relevant agencies, such as yourselves, should recognize the merits and work with Congress leaders to ensure that this happens.” They also added that prohibition “doesn’t reflect the will of the broader American voters” and that it
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.
They said that while moving marijuana to Schedule III “would start to remedy this disparity” between federal policies and state policies, it would still not be enough for “marijuana patients, businesses, and consumers”.
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 argue even moving marijuana to Schedule III will go 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 late last month of a letter sent to DEA’s Milgram in response to the recommendation made by that agency regarding marijuana’s rescheduling. The letter confirmed some previously reported details such as the date, August 29, of the correspondence and the author HHS Assistant Secretary for Health Rachel Levine. The letter was redacted in order to remove the content of the message. This included both the scheduling recommendations and the scientific review attached to the correspondence.
Below, you can read the full letter from Biden to the marijuana organizations:
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