The co-chairs from the Congressional Cannabis Caucus wrote a letter on Thursday to the head the Drug Enforcement Administration, urging him to provide more information regarding the ongoing review of marijuana’s status as a controlled substance under the federal Controlled Substances Act. They also asked the DEA to reveal its “planned” deadline for completion and if it would take into consideration the fact that several states have already legalized the drug.
Earl Bluemauer, a representative from Oregon (D), wrote to DEA Administrator Anne Milgram that “clear and proactive communication will be critical in moving forward with this formal schedule review.”
The correspondence is in response to a recent statement from DEA that they have “final authority” over the rescheduling decisions–which was itself a reply to a separate letter by Blumenauer and other bipartisan legislators.
Since the first leak of news about the Department of Health and Human Services’ (HHS) recommendation to move marijuana to Schedule III of controlled substances act, advocates worked to uncover additional details. After receiving numerous requests for public records and at least one suit, health officials released over 250 pages of medical reviews and related documents last month.
However, it’s unclear when DEA is going to act. A Biden administration official denied rumors of a rescheduling this week in comments made this week to Marijuana Moment.
Blumenauer’s letter poses five questions to DEA.
- When will the DEA publish its draft rule for the public’s comment on marijuana?
- What is the normal timeline for DEA drug scheduling reviews to be completed?
- When did DEA start its review after receiving HHS’ findings and recommendations on marijuana scheduling?
- How does DEA ensure that its review of state marijuana laws and regulations is incorporated into the scheduling decision?
- How will DEA communicate developments to congressional partners and get feedback as the review progresses?
The letter is also CCed by HHS Secretary Xavier Becerra and U.S. attorney general Merrick Garland, as well as Michael D. Miller acting chief of the DEA’s Office of Congressional Affairs.
Before the release of rescheduling documents last month, the only public documents were an extremely redacted version HHS’ rescheduling memorandum, and a single page of a recommendation, revealed in October.
Blumenauer’s letter calls the recommendation that marijuana be moved to Schedule III of CSA a “step in the right directions,” but the congressman says the change is not enough.
The congressman stated that “moving marijuana to Schedule III” was not enough to correct the injustices of federal prohibition, or to address the gap between federal and state cannabis policies.
He said that the DEA should take a position on cannabis reform based on the urgency to fully deschedule cannabis, while Congress is working to send President Obama comprehensive cannabis legislation. “Appropriate law enforcement should focus on public safety and not unfair criminalization,” he said. Marijuana’s continued inappropriate scheduling is arcane and out of touch with the American people.
Recent years have seen a surge in federal lawmakers’ advocacy of cannabis scheduling.
Last week, for example, a Republican congressman who has long opposed marijuana reform 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 Becerra stated last month that his department has “communicated its position” to DEA on marijuana rescheduling and has continued to provide additional information to help with the final decision.
The DEA has steadfastly insisted that it is the “final authority” on, and it can make whatever scheduling decisions it chooses.
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 DEA considered the relevant statutory criteria, the HHS scientific and medical evaluation, and the applicable statutory and regulatory requirements. “DEA is currently conducting 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 letter sent to the Biden administration in December, 29 former U.S. Attorneys urged it to keep 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 signatories included DEA officials and the Office of National Drug Control Policy directors under multiple administrations, including presidents of both major political parties.
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.
Separately, a coalition of 14 Republican members of Congress urged DEA not to accept the recommendation made by the federal health agency to reschedule cannabis, but to keep it in its most restrictive category.
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 certifying people 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 reelection campaign this year.
Below, you can read Blumenauer’s full letter from DEA:
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The first time Marijuana Moment published the post Congressman demands answers from DEA on Marijuana Rescheduling Review.
