The top U.S. Health Agency is recommending that marijuana be rescheduled. But some lawmakers, like Sens. Elizabeth Warren (D) and John Hickenlooper(D) both stress that this is only a “step in the right directions” as they pursue legalization.
Many legislators have applauded HHS for advising the Drug Enforcement Administration to move marijuana from Schedule I to schedule III of the Controlled Substances Act. Some have claimed credit for this move citing their years of activism around marijuana reform.
It would remove research barriers and allow state-licensed cannabis businesses to a href=”https://www.marijuanamoment.net/moving-marijuana-to_schedule_iii_could_have_sweeping_impacts_for_businesses, federal employees, research-and_more/” rel=”noopener” target=”_blank”>make federal tax deductions/a>. The bill would also remove barriers to research and allow state-licensed marijuana businesses to claim federal tax deductions. The end goal for advocates and key legislators is not rescheduling.
Warren stated on Friday that she has long called for federal action to repair the harms caused by unjust drug laws and build a more fair cannabis industry. “This is a significant step by the [HHS], and we need to do more to stop the federal government from criminalizing cannabis.
I’ve urged federal action for years to repair the harms caused by unjust drug laws and build a more fair cannabis industry. This move by @HHSGov is an important step, and we must do more to end the federal government’s harmful criminalization of cannabis.https://t.co/rvWqeyRCCD
Elizabeth Warren (@SenWarren 1 September 2023
Hickenlooper represents one of the states that was the first to legalize adult-use marijuana. He also stated that the rescheduling recommendations is “definitely in the right way.” But, if “we truly want to regulate cannabis while prioritizing the social equity, then descheduling is the only choice.”
It’s a good step forward. But if we truly want to regulate marijuana while prioritizing social equity, descheduling it is the only option
https://t.co/Cr01wLQRwn pic.twitter.com/63WWm9XCla
Senator John Hickenlooper August 31st, 2023 HTML0
Jacky Rosen, a Senator from Nevada, said that the recommendation of HHS to DEA for cannabis was based on a 11-month review carried out by President Biden under whose directive it was conducted. She called this “another step in rescheduling marijuana.”
The senator stated that “we have seen positive effects in Nevada since 2017” when it comes to regulating cannabis. “I will continue to work in the Senate so that we can act on common-sense cannabis reform.”
This is an important step in the process of reclassifying cannabis.
Since 2017, we have seen positive effects of cannabis regulation in Nevada. I’ll keep working in the Senate to make sure we act on commonsense cannabis reform.https://t.co/thSUAbOELR
Senator Jacky Rosen (@SenJackyRosen 1 September 2023
Rep. Dina Titus, D-NV, called the recommendation to reschedule “a step in right direction.”
She said: “As a Cannabis Caucus member, I am aware that Nevada has proven that regulating marijuana as alcohol does works. That’s the direction we should take at the federal government level.”
This is a positive step.
As a member of the Cannabis Caucus, I know that Nevada has shown regulating marijuana like alcohol works, and that’s where we should be headed at the federal level.https://t.co/ovzTNnfJDk
Dina Titus August 31 2023
California’s top cannabis regulator has also commented on the possibility of loosening federal cannabis restrictions.
In a statement made to Marijuana Moment, Director Nicole Elliot of the California Department of Cannabis Control said that the HHS recommendation is based on science and reaches the same conclusion California did decades ago: Cannabis has medical value.
She said: “This recommendation is significant–it represents the most recent progress in modernizing federal cannabis laws, and it’s also a sign of progress yet to come.” “While this process continues, we will continue to work on building a market that is best for California and ultimately the nation,” she said.
The Department of Health and Human Services advocates for change and could reshape the cannabis landscape in the United States. This recommendation is not binding but could influence the Drug Enforcement Administration’s final decision. pic.twitter.com/GKRT2E4erc
CA Department of Cannabis Control August 31 2023
HHS Secretary Xavier Becerra confirmed that had sent his agency’s cannabis rescheduling recommendations to DEA on a Wednesday at 4:20 PM ET. This is one of the most recent examples of a Biden cabinet official posting 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.
In a Friday Dear Colleague Letter, Senate Majority leader Chuck Schumer included a marijuana banking bill as one of his legislative priorities for the rest of the year.
Some advocates are excited about the prospect that cannabis could be rescheduled. However, others have expressed concerns over how a Schedule III reclassification might negatively impact state markets. Others insist the FDA will continue to maintain its hands-off attitude towards the cannabis industry.
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 a letter.
New Hampshire Marijuana Legalization Commission takes shape, with first meeting to consider state-run reform model set for next week
Photo by Mike Latimer.
The post Federal Marijuana Rescheduling Is Only A ‘Step,’ On The Path to Legalization, Congressional Lawmakers Said first appeared on Marijuana Moment.
