The head of the Drug Enforcement Administration has requested a timeline for the U.S. Department of Health and Human Services’ (HHS) ongoing federal marijuana schedule review. One congressman joked that he hoped that the process would result in the drug moving from Schedule I into Schedule “420.”
Matt Gaetz, R-FL, questioned DEA Administrator Anne Milgram on her thoughts on the review and the challenges posed to the federal prohibition of cannabis by the patchwork state laws.
Milgram stated that DEA had not received a recommendation for marijuana’s scheduling from HHS. HHS is currently conducting a scientific review of the drug. Once the agency receives it, it will perform its own eight-factor analyses and invite public comments prior to making a final decision.
She said, “We are in constant communication with HHS and FDA but haven’t been given any specific timeframe.”
Gaetz asked if HHS would ask the DEA administrator for that timeline, and she replied, “I’ll ask.”
The congressman asked if DEA has any reason to be against the removal of Cannabis from Schedule I under the Controlled Substances Act. Milgram replied that she could not “prejudge at this time” until HHS’s recommendation and her agency’s analyses were in.
She said, “As head of the DEA I am ultimately responsible for approving the schedule.”
Gaetz brought up the research that links the legalization of cannabis and its regulation at the state-level to lower opioid prescription rates and asked if Milgram will take this into consideration when DEA makes a decision on the final schedule.
BREAKING: DEA Administrator Milgram Commits to Pushing @HHSgov to Get A Schedule 1 Marijuana Determination pic.twitter.com/DwALFEom1D
— Rep. Matt Gaetz (@RepMattGaetz) July 27, 2023
You have my word, Congressman, that I’ll keep an open-minded mind. “I will examine all of the research,” she stated. “I will review all the research and public comments that come in,” she said.
The congressman brought up state cannabis laws, and asked if this made DEA’s work more difficult. The administrator responded that, “we deal it all the time, Congressman,” noting that the agency actively deals with states that are scheduling another drug – xylazine – that is found in fentanyl supplies but isn’t currently listed at the federal level.
Gaetz concluded noting that removing marijuana from Schedule I would remove research barriers. Rep. Steve Cohen, D-TN, chimed in at this point to support his colleagues remarks. He also added that during his 17 years of service in Congress he has heard top federal officials speak “government gibberish” about marijuana.
Cohen told Milgram, “The government is responsible for this mess. You need to be ahead of the train.” You’re going to get something from HHS. Biden knows that it should be reclassified. He said that from [Schedule] III to I–it should be classified from I-420 and we should just clean it up.”
Milgram stated that HHS had not provided a timeline for the review. However, Secretary Xavier Becerra told Marijuana Moment last month it was his hope that agencies of jurisdiction would be able complete their work before the end of the year. It remains to be determined if this will occur.
In March, the Congressional Cannabis Caucus Co-Chair Rep. Earl Blumenauer, along with 15 other members of Congress from both parties, demanded transparency in the cannabis schedule review.
Photo by Chris Wallis // Side Pocket Images.
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