This Wednesday marks 35 years since the chief administrative judge of the Drug Enforcement Administration declared marijuana “one the safest therapeutically-active substances known to mankind,” recommending rescheduling, and criticizing the agency’s impediment to patient access.
The anniversary has taken on a new meaning now that the U.S. Department of Health and Human Services is advising DEA in response to a presidential directive to conduct a scientific evaluation, to move cannabis from the Schedule I to the Schedule III of Controlled Substance Act.
DEA Administration Law judge Francis Young made history in 1988 with his ruling, “In The Matter of Marijuana Rescheduling”. This was the culmination of activists’ efforts to force DEA to conduct a cannabis review. DEA refused to do so, even when compelled to by a federal appellate court.
DEA held its first public hearings in 1986, 14 years after NORML filed their petition. After two years, Young issued a ruling in which he criticized the DEA for maintaining marijuana on Schedule I.
In its natural form, marijuana is one of man’s safest and most therapeutically effective substances. It said that marijuana could be used safely within the context of supervised medical care. It would be unreasonable, arbitrary and arbitrarily for DEA not to allow these patients to benefit from this substance.
Young wrote: “The Administrative Law Judge recommends that Administrator conclude that marijuana as a plant is currently used for medical treatment in the United States. There is no doubt that its use under medical supervision can be safely performed and it may be lawfully transferred from Schedule I into Schedule II.”
John Lawn, the then-DEA administrator, rejected this conclusion despite it being reached by his own agency’s law judge. Cannabis has remained on Schedule I since that time. Things could change in the near future, as HHS has now recommended a Schedule II designation and DEA confirmed that it will now carry out its part of the review prior to making a final decision.
“Judge Young’s ruling was a huge victory for medical marijuana reformers, but what happened afterward should be a lesson for us all.” Alice O’Leary Randall is the widow of Robert Randall, a glaucoma sufferer who, 45 years ago, became the first American under prohibition to obtain a legal supply cannabis grown, processed, and delivered by federal government.
Alice Randall is now working to preserve the legacy of her husband, as well those of other pioneering activist who fought against prohibition before the public’s opinion had soured. She stated in a blog about the anniversary the DEA’s scheduling decision.
“The administrator may solicit opinions, but does not have to listen to their content.” Scientists and healthcare professionals alike can make decisions that the administrator will overrule. “In terms of regulations the DEA administrator is the final authority,” she stated. “So, will DEA this time reject the recommendation of DHHS? It is the first instance that the health agency has aggressively recommended a rescheduling. This is a new territory.
HHS’s findings are binding, but DEA can choose to disregard its recommendation. The politics have changed since the last serious consideration of cannabis rescheduling by the DEA. Advocates are hopeful that the combination between the scientific research of HHS and the political pressure of the Biden administration can bring about meaningful change.
Paul Armentano, NORML’s Deputy Director, told Marijuana Moment that “this milestone reflects that activists have been fighting for decades to get the federal government acknowledge that cannabis has therapeutic benefits.” It also shows that the federal government has refused to acknowledge the obvious for decades.
In a blog, he stated that “Marijuana in its natural state is one of the most therapeutically effective substances known to mankind.” Let’s be clear. Judge Young did not say that the evidence was ambiguous. Judge Young was convinced at the time that the available science and evidence made it clear that cannabis should be available legally to all patients in the United States. “The evidence supporting that position has grown exponentially stronger and, quite frankly, undeniable over the last three-and-a half decades.”
Justin Strekal of the BOWL PAC told Marijuana Moment, “The DEA knew then what we know now: that the government has lied about the effects marijuana.”
He said, “It is time for the Biden administration to end criminalizing cannabis and its consumers administratively.”
Disclosure: Strekal is a monthly pledger on Patreon to support Marijuana Moment.
Biden hasn’t commented personally on HHS’s rescheduling recommendations, but last week the White House Press Secretary said that President Obama has “very clearly” stated that he has “always supported legalizing marijuana for medical use.”
Biden’s “always” supporting cannabis reform is not true. As a Senator, he championed a number of pieces of legislation which intensified the war on drugs.
If DEA agrees with HHS’s Schedule III recommendation in any case, it would be a significant shift in federal marijuana policies, as an acknowledgment that cannabis does not have a high abuse potential or medical utility. It would not sanction the current state-level programs for medical cannabis. It would however, open up research into marijuana and have significant implications for the 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.
Politically, moving marijuana to Schedule III from Schedule I would allow the President to claim that he has helped achieve a major reform. He could facilitate an administrative review which may lead to a rescheduling, more than 50 year after cannabis was put in the most restrictive categories as the federal government began a drug war. It would, however, not be a fulfillment of the president’s campaign promise to decriminalize cannabis.
The incremental reform could, however, also boost momentum for Congress to change federal cannabis laws further, such as a marijuana banking bill Senate majority leader Chuck Schumer’s (D-NY), which he has described as a top priority of the fall session.
Senate Banking Committee Chairman Aims to Advance Marijuana bill Within “The Next Six weeks”
Photo by Chris Wallis // Side Pocket Images.
The post Advocates mark 35th anniversary of DEA’s own judge calling for marijuana rescheduling as agency conducts new review first appeared on Marijuana Moment.
