An official from the Biden administration told Marijuana Moment that, amid swirling rumors of a possible imminent White House cannabis policy announcement, they would “wave off” speculation on Tuesday.
Industry stakeholders and several prominent cannabis journalists have signaled in recent days that an announcement–possibly pertaining to the ongoing review into marijuana scheduling–is coming within days. The source from the administration says that this is not true.
In December, the U.S. Department of Health and Human Services revealed that it had notified DEA to move cannabis from Schedule I of the Controlled Substances Act to Schedule III. This recommendation was made following an evaluation under a directive issued by President Joe Biden in October 2022.
The official from the Biden Administration who declined to be identified told Marijuana Moment that the rumors would “be swept away” by the administration.
They didn’t add any more details about the timeline of a decision.
Of course, it’s possible that the official who spoke with Marijuana Moment was unaware of an upcoming announcement. Often, sensitive disclosures like the much-anticipated marijuana scheduling decision are kept close to the chest. There is no proof that an action will be taken soon, despite the flurry of speculation on social media from the cannabis industry and media.
One of the most widely circulated examples was from Adrian Snead. He is a partner of Porter Wright Morris & Arthur LLP, and a former staffer for Sen. Jeff Merkley.
Snead, in a LinkedIn posting on Tuesday, wrote that the White House would make a “big announcement” about marijuana “this week,” citing a source “highly-placed” within the Biden administration.
Other sources, such as John Schroyer of Green Market Report, Chris Roberts from MJ Biz Daily, and Ashley Southall of The New York Times, have also indicated that they were told of a possible announcement in the coming days, or at least before the end of the 1st quarter of 2024.
Q1 has also been heard by me.
Ashley $Southall January 1, 2024
Rumor has it that the White House’s comms department is behind this latest round marijuana rescheduling information.
It is worth mentioning that the DEA’s decision to reschedule marijuana was not what happened next, but the expansion of Biden’s pardons.
Chris Roberts (@_chrisroberts 6 February 2024
Most observers have assumed that the Biden Administration will announce its scheduling decision in this year. This is based on DEA history, and the politics surrounding the issue which could boost the president’s favorability ahead of the November elections.
A source from the administration who spoke with Marijuana Moment believes that predictions of imminent policymaking are nothing more than the fruit of a rumor-mill driven by cannabis stakeholders, who stand to gain from a Schedule III classification that would allow them to take federal tax deductions they’re barred from currently under the Internal Revenue Service code (IRS), known as 280E.
Add to the speculation the fact that Congress lawmakers have been particularly active in recent weeks in their advocacy of action (or lack thereof) on cannabis schedule matters.
Last week, for example, a Republican congressman who has long opposed marijuana reform is told DEA that the Food and Drug Administration (FDA) came to a “misguided conclusion” to recommend rescheduling cannabis–challenging the health agency’s scientific standards and imploring DEA to dismiss them as it prepares to make a final determination.
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.
The DEA has firmly maintained that it is the “final authority” in this matter, and it can make whatever scheduling decisions it deems appropriate.
In a letter sent to legislators last month, the DEA said that it had the final say on whether to schedule, reschedule or deschedule a substance under the Controlled Substances Act. This decision was made after HHS evaluated the drug’s medical and scientific evaluation and the relevant statutory criteria. “DEA is currently conducting its review.”
The statement was made in response to a letter sent by 31 bipartisan legislators, led Earl Blumenauer (DOR), who had urged the agency to take into account the “merits of legalization” as it conducted its review .
Before HHS released a trove documents regarding its cannabis recommendation, a group of 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.
In October, advocates and lawmakers who support marijuana reform marked the anniversary of Biden’s mass marijuana pardons and scheduling directives by calling him to do more – including by extending the scope of relief his pardon provided and by explicitly supporting federal legalization.
Two GOP Senators, including the Republican lead sponsor of an marijuana banking bill which was approved by a key committee back in September also filed legislation at the end of last year to prohibit federal agencies from rescheduling Cannabis without tacit consent from Congress.
A coalition of Republican lawmakers separately urged DEA, meanwhile to “reject”, the top federal agency’s recommendation to reschedule cannabis , and instead keep it the most restrictive category in the CSA.
According to a recent survey, about one third of marijuana users say they would return to the illegal market in case cannabis was rescheduled and made available only as a Food and Drug Administration (FDA)-approved prescription drug.
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 as the mass pardons 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.
The Vice President Kamala Harris stated last weekend that the move by the Obama administration to pardon those who have committed federal marijuana possession crimes is a good example of what it can do for Americans. This is especially true for young people and Black voters, who may be crucial to Biden’s re-election campaign this year.
Pennsylvania Governor proposes marijuana legalization in budget so state can “catch up” with “Friggin’ Ohio
Photo by Chris Wallis // Side Pocket Images.
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