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Bipartisan Lawmakers Claim Credit For Biden Administration’s Marijuana Rescheduling Recommendation

August 31, 2023 by Kyle Jaeger

The announcement that , the U.S. top health agency, is recommending rescheduling of marijuana has been met with applause by congressional members from both sides of the aisle. This includes long-time bipartisan reform champions like Sen. John Fetterman and Rep. Dave Joyce.

Numerous legislators have responded enthusiastically after it was reported Wednesday , that the U.S. Department of Health and Human Services informed the Drug Enforcement Administration that cannabis should be moved to Schedule III of the Controlled Substances Act following a review by the President last year.

These responses are still coming in. Advocates and industry stakeholders are now considering the wider implications of rescheduling. Some legislators also want to be credited for the years they spent advocating.

Fetterman stated in a Thursday statement that he has been pressing for a decisive approach to marijuana policy. “Nearly a year ago, on the exact day I met President Biden in Pittsburgh, and asked that he and his Administration do something about marijuana policy.”

The move yesterday is a huge win for the Biden Administration and a step in the correct direction regarding marijuana policy.

I’m happy to see the administration agree with what we already knew: marijuana shouldn’t be classified as a Schedule I substance.

Senator John Fetterman August 31st, 2023 HTML0

He said that the move made yesterday was a huge win for the Biden Administration and a step in the direction of marijuana policy. “I am glad to see the administration agree with what we’ve known for some time: marijuana shouldn’t be classified as a Schedule I substance.”

We should be aware that we’ve been in the exact same situation before. Science was on our side for rescheduling. But the DEA, and its destructive War on Drugs mindset, blocked reform.

This must never happen again

Senator John Fetterman August 31st, 2023 HTML0

Fetterman did add a warning, though. “We should be clear, too, that we’ve been in the exact same situation before. Science was on our side, and the DEA’s destructive ‘War on Drugs” mindset blocked reform. This must never happen again.”

I will continue to fight in the Senate to legalize marijuana, and to restore the lives of those who have lost their prospects because of the ‘War on Drugs’ and its use.

Senator John Fetterman August 31st, 2023 HTML0

Joyce, the co-chairman of the Congressional Cannabis Caucus said in a Marijuana Moment statement that he is “pleased to hear the Administration has acted on my request to reexamine cannabis’ antiquated schedule I classification,” referring to a letter he wrote to President Joe Biden along with the late former Cannabis Caucus Co-chair Rep. Don Young, R-AK.

The congressman stated that “this is an important step on a road to correcting the wrongs of the war on marijuana and preventing the rise an ineffectively-regulated and harmful market,” adding that the administration “should take the next step and partner with Congress on legislation” he’s sponsored with House Minority leader Hakeem Jeffries, (DNY), to prepare the federal government for legalization.

He said that the next step for Congress is to pass bipartisan legislation on marijuana banking and expungements that he sponsors.

Joyce stated, “As I have said many times before we can’t stop with rescheduling. We must continue to pursue a complete descheduling cannabis.” This is up to Congress. I urge leaders from both sides to respect the wishes of nearly 70% of American voters and over 40 states to work together and deschedule marijuana.

Rep. Tim Burchett, R-TN, also commented on the HHS rescheduling, saying that marijuana “shouldn’t be on the same calendar as heroin.” This is notable, given the fact that the congressman had previously criticized House Democrats for prioritizing reform before a legalization referendum in 2020.

Rep. Steve Cohen, a vocal advocate of marijuana legalization who has been in Congress for many years, claimed credit for the cannabis initiative.

The DEA told me I would call SecBecerra to reschedule #marijuana. I did. HHS now recommends that the DEA reschedule #cannabis to Schedule 3 from Schedule 1.

Sec. Becerra, for following through. Let’s do it! Marijuana shouldn’t have been on Schedule 1 – DEA. https://t.co/YmY8zAcRHY

Steve Cohen (@RepCohen August 31 2023

He said: “I told [HHS Secretary Xavier Becerra] that I would call him about rescheduling cannabis, and I called him.” “HHS has now recommended that the DEA reschedule marijuana from Schedule 1 to Schedule 3. Sec. Becerra, for following through. “Marijuana shouldn’t have been on Schedule 1 – DEA, let’s do it.”

Rep. Ted Lieu, (D-CA), also commented on the rescheduling recommendations. He argued that “even one penny of federal tax money to criminalize marijuana is stupid.”

It is stupid to spend even a penny of federal tax money on criminalizing cannabis. @HHSGov has recommended that @DEAHQ remove marijuana from Schedule I. HHS suggests that cannabis should be listed in Schedule III.

I urge @DEAHQto remove cannabis from Schedule. https://t.co/p9VXNbtvNU

Ted Lieu August 31 2023 HTML0

He said he was “pleased” to see that [HHS] recommended that [DEA] remove marijuana from Schedule I. HHS suggests that cannabis be listed in Schedule III. “I urge DEA not to list cannabis in any Schedule.”

Becerra, health secretary, confirmed that had sent his agency’s recommendation for cannabis rescheduling to DEA on a Wednesday post at 4:20pm ET. This is one of many examples where the Biden cabinet officials share marijuana news at a symbolic time.

In the post, Becerra said, “I am now able to share that [HHS] responded to [Biden]’s] direct to me that the Department provide a recommendation to schedule marijuana for the DEA, based on data and science.” Becerra had told Marijuana Moment, in June, that he planned to finish his work in this year. We’ve made sure that a scientific review is completed and shared quickly.

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The scheduling decision is not final, despite the excitement. DEA has said that it will “now initiate its review”, taking FDA’s findings into consideration, but is not required to carry out a Schedule III reclassification.

According to a White House spokesperson, who spoke with Marijuana Moment Wednesday, the “administrative processes is an independent process led and guided by HHS and DOJ” and that the president’s team won’t be commenting at this time on the agency recommendation.

Moving marijuana from Schedule I into Schedule III could be a political move that would allow the President to claim that he has helped to accomplish a major change. It may also facilitate an administrative review which will lead to rescheduling, more than 50 year after cannabis was put in the most restrictive category when the federal government began its war on drugs.

As Joyce suggested, this could also give Congress a boost in their efforts to reform the federal cannabis laws.

The HHS review had been awaited by advocates with great anticipation. They hoped that the HHS would make a recommendation for descheduling, which would see marijuana removed from the CSA, and treated as alcohol to the government. Some people have expressed concerns about a Schedule III classification, stating that it could negatively affect state markets and lead to FDA taking a more active role in cannabis.

Last week, Rep. Matt Gaetz, R-FL, pressed DEA Administrator Anne Milgram for more information on her recent comments about the origins and timeline of President Obama’s directive to review marijuana scheduling. He wants a copy of the letter Milgram says the president sent last year to the HHS secretary and attorney general directing the review. He wants to know if the administrator has asked HHS for an update about their timetable , as she promised during a recent House Judiciary Subcommittee Hearing.

A lawyer filed a Freedom of Information Act request to HHS, in order to obtain a copy of Biden’s alleged letter rescheduling. said earlier in the month that it did not have any records of such a letter.


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The post Bipartisan Legislators Claim Credit For Biden Administration Marijuana Rescheduling Recommendation first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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