Biden's top health official in touch with DEA about marijuana rescheduling recommendation

The U.S. Department of Health and Human Services’ (HHS) head says that his agency “communicated to the Drug Enforcement Administration” (DEA) its “position” regarding marijuana rescheduling and continues to provide additional information in order to help with the final decision.

HHS confirmed for the first-time on Friday that it recommended moving cannabis to Schedule III in the Controlled Substances Act . The documents were released after a Freedom of Information Act lawsuit brought by Matt Zorn.

Xavier Becerra told The New York Times that his department had “communicated our position” to the DEA and “put everything out there for them.” He was referring to a comprehensive scientific review conducted by HHS and submitted as part of a schedule directive issued by President Joe Biden.

Becerra stated, “We will continue to provide them with any technical information or follow-up if they ever have questions.”

The status of DEA’s review is unknown at this time, but some believe the release of cannabis materials as part of the FOIA suit may indicate that the announcement of the scheduling decision is imminent. Marijuana Moment contacted DEA to clarify the timing. A spokesperson referred Marijuana Moment’s inquiry to the Justice Department which has yet to respond to comments.

Following the release of the documents on Friday, congressional lawmakers have praised the HHS Schedule III recommendations.

Dwight Evans, a representative from Pennsylvania (D), said that he was encouraged by the news and urged the DEA to implement this scientific recommendation. “I still support full legalization, but this would be an excellent action.”

2/ I still support full legalization, but this would be an excellent action. https://t.co/treXFlqQbi

Congressman Dwight Evans (@RepDwightEvans). 13 January 2024

Rep. Chris Deluzio, (D-PA), said that the HHS recommendation showed federal scientists “think treating cannabis like heroin doesn’t makes sense.” The broader decriminalization policy “will allow the states to create local policies and I am supporting legislation for it.”

Scientists at the federal level believe that treating marijuana as heroin is not logical.

Decriminalizing marijuana at the federal level will allow states to create local policies. I support legislation that does this. https://t.co/GXqc7AJpsJ

— Congressman Chris Deluzio (@RepDeluzio) January 13, 2024

Rep. Steve Cohen, D-TN, who earlier this month sent a letter to DEA urging it to act “as quickly as possible” to reschedule also shared the good news.

Federal Scientists Recommend Easing Restrictions on Marijuana – The New York Times https://t.co/MZ7z5mAYxG

Steve Cohen (@RepCohen 13 January 2024

Rep. Earl Blumenauer, founder of the Congressional Cannabis Caucus and member of the Congressional Cannabis Caucus (D-OR), said that the HHS announcement continues to make progress towards ending prohibition.

The congressman stated in a press release that “even though this was long anticipated, it’s still a welcome development.” “This is a step in the right direction towards the eventual legalization of marijuana and the end of this tragic chapter of the failed drug war.”

The DEA has steadfastly insisted that it has the “final authority” to make scheduling decisions.

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 considering all relevant statutory criteria, regulatory criteria, and HHS’s scientific and medical evaluation. “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.

DEA has been under pressure from both sides in the recent debate on marijuana policy. Prohibitionists have urged the agency to maintain cannabis as Schedule I, while advocates are pushing for a Schedule III or descheduling decision.

Before the HHS documents were released, 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 last month, 29 former U.S. Attorneys urged the Biden administration not to include cannabis in Schedule 1.

The governors of six U.S. States–Colorado Illinois, New York New Jersey Maryland and Louisiana sent a letter to Biden last month asking the administration to reschedule cannabis by the end the 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 one year anniversary of Biden’s mass marijuana pardon. They also called on him to do even more.

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 has urged 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.

Separately the DEA announced recently that it will take another shot at after abandoning its initial scheduling proposal for 2022. This is a new fight with advocates and researchers who claim these compounds have therapeutic potential.

Separately, the agency has warned Georgia pharmacies about the illegality of dispensing THC as it is still a Schedule I substance. This comes after Georgia became the first state in the U.S. that allowed pharmacies to offer medical marijuana. Nearly 120 facilities applied to sell cannabis oil.

The DEA has recently confirmed that spores, which produce the so-called “magic mushrooms”, are not federally prohibited on their own prior to germination.