Stephen Colbert noticed that Elizabeth Warren, D-MA, refused to answer her question on The Late Show about whether she was high during an appearance.
Colbert asked Senator McCain a two part question about cannabis: What is the difference between marijuana legalization and descheduling? Are you high now?
Warren, a long-time advocate of marijuana legalization, who led a recent letter with 11 colleagues urging the Drug Enforcement Administration to deschedule Cannabis took the first questions.
She said, “If you had a functioning Congress, you could legalize marijuana.” “Well, this is not the world in which we live.” The administration can deschedule without having to go through Congress.
Descheduling is often equated with legalization by advocates, since it would mean removing cannabis completely from the Controlled Substances Act, and thus removing all criminal penalties.
Warren appears to be making an even more nuanced argument about the difference between legalization and descheduling, both of which come with a regulatory structure for sales. This would require congressional action.
She said, “Right away marijuana is listed, or called, by the DEA as a drug with the same risks as heroin.” “This means that not only is marijuana illegal, but you cannot even conduct research on it. It’s a no, and what we are saying in this email is that the DEA needs to get on board. It’s not 1955. “More than half of the states have legalized cannabis.”
It is still possible to conduct research on cannabis, despite the Schedule I classification. However, officials and experts have been criticizing for years the lengthy registration process and restricted access, which has slowed down marijuana studies.
In the letter, Warren urged DEA to go beyond what the U.S. Department of Health and Human Services recommended last year. That was to move marijuana from Schedule I into Schedule III. This would not legalize marijuana federally, nor sanction state markets. However, it could have other effects, such as removing barriers to research and allowing state licensed cannabis businesses federal tax deductions they are currently prohibited from taking under the Internal Revenue Service code 280E.
The senator explained that the idea was to simply say “deschedule” at the federal level. Instead of creating a conflict which causes all sorts of problems – we have problems with tax laws and banking laws – you just say deschedule. “And, look, we’re going to need some restrictions.” Let’s treat it as if it were alcohol. Let’s legalize marijuana, de-schedule the drug and join the 21st Century. It shouldn’t have been that difficult.”
Warren did not respond to Colbert’s question on her personal consumption during her appearance on his late-night show. She stayed focused on policy and avoided the temptation.
Colbert teased, “I’m going to point out that you didn’t even answer my second question.”
Warren grinned.
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Rumors have circulated that a federal announcement could be imminent, possibly regarding the ongoing review of marijuana scheduling. A Biden administration official said to Marijuana Moment Tuesday that the government was not aware of any announcements coming this week.
Add to the speculation the fact that Congress lawmakers have been particularly active in recent weeks in their advocacy of action (or lack thereof) on cannabis schedule matters.
Last week, for example, a Republican congressman who has long opposed marijuana reform is 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.
HHS Secretary Xavier Becerra stated last month that his department has “communicated its position” to DEA on marijuana rescheduling and continues to provide additional information in order to help with the final decision.
The DEA has steadfastly insisted that it is the “final authority” on this matter, and it can make whatever scheduling decisions it sees fit.
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 evaluating the relevant statutory criteria, the HHS medical and scientific evaluation, and the relevant statutory criteria. “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.
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 second letter, sent in December, 29 former U.S. Attorneys urged the Biden administration not to include 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 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 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.
A coalition of Republican lawmakers , meanwhile separately, urged DEA “reject” top federal health agency’s recommendation to reschedule cannabis, and instead keep it the most restrictive category in the CSA.
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 issuing certificates for those 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.
Hawaii House Committees approve bill to create a limited therapeutic psilocybin program for certain mental health conditions
Photo element by Gage Skidmore.
The post Elizabeth Warren Says it ‘Shouldn’t Be That Difficult’ To Legalize Marijuana But Avoids Colbert’s Question About Being High first appeared on Marijuana Minute.
