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In 2023, the federal and Congressional marijuana policy developments were major.

In 2023, federal developments in marijuana were mixed. They included historic events such as the Biden Administration’s recommendation to reschedule and expand pardons as well as setbacks for the Congress on the path towards enacting cannabis bank reform.

With Congress on recess during the holiday season and advocates and stakeholders left to reflect, they can build on their efforts in 2024.

The U.S. Department of Health and Human Services (HHS) has reported that marijuana should be moved from Schedule I to Schedule III , under the Controlled Substances Act.

Biden’s directive from last year included a mass pardon of people who had committed federal marijuana possession crimes — an act of clemency he extended and renewed at the end 2023.

These are not the only developments that have occurred this year. Bipartisan members of Congress also filed numerous cannabis bills, but they were only partially implemented as the Secure and Fair Enforcement Regulation Banking Act (SAFER) was the main focus.

This year, a number of federal agencies outside HHS addressed marijuana policy. As lawmakers tried to reconcile the federal prohibition and the growing state legalization movement in the United States, litigation arose that challenged the status-quo. This included several landmark cases regarding the ban on firearm possession by cannabis consumers.


The top marijuana moments in 2023.

HHS recommends cannabis be moved to Schedule III

This year, the nation’s leading health agency grabbed the attention of marijuana policy with the news that they had completed an 11 month scientific review on cannabis in accordance with Biden’s directive 2022 and that the plant was to be moved from Schedule 1 to Schedule 3 under the CSA.

HHS Secretary Xavier Becerra announced that the recommendation from his department to the Drug Enforcement Administration was imminent at a Sacramento event in June, when he said Marijuana Moment officials aimed to finish their work “this” year. A leaked HHS email confirmed two months later the completion of this review.

The federal government would recognize that marijuana is no longer a dangerous drug with no medical value, more than 50-years after it was placed in Schedule I. This rescheduling would not legallyize marijuana, but have significant practical and symbolic impacts. For example, the rescheduling would allow state-licensed cannabis businesses to claim federal tax deductions, which they are currently prohibited from taking under IRS code 280E.

In a report, the Congressional Research Service (CRS), based on previous precedents, stated that they expect DEA to follow HHS’s recommendation. The DEA, however, is not bound by the findings of the HHS. They have so far refused to reveal their specific findings. However the law enforcement agency could still propose any scheduling rule. This includes keeping marijuana on Schedule I.

As the divided Congress continues its stalling on reforming marijuana legislation, a lot depends on the outcome of the scheduling review. And all eyes will be on the next steps in 2024.

Biden expands federal marijuana pardons

In December 2023 the President issued a new declaration pardoning those who have committed federal marijuana possession crimes. The relief was extended to include cannabis that is possessed on federal property.

The clemency action builds on the 2022 mass pardon Biden granted along with his scheduling review directive. He has frequently praised the policies in the months that have followed, an indication from the administration of its understanding and desire to capitalize on the popularity cannabis reform is gaining heading into an election.

Biden has sometimes misrepresented the extent of his executive achievements. He suggested that those who were incarcerated for marijuana offenses had been released as a result of his clemency, and that this relief erased previous records. This is not true.

But the recurring statements from Biden and the White House are nonetheless notable for a president and former drug warrior senator who has maintained steadfast opposition to federal cannabis legalization–despite its overwhelming popularity within his Democratic base. He’s also praised the actions in an apparent targeted manner at events and special occasions that focus on Black and young voters.

Biden may have characterized pardons as proof of his 2020 campaign promises being kept. However, these are far from what he committed to during his 2020 presidential bid: legalizing medical cannabis, decriminalizing marijuana and ensuring no one is jailed for non-violent crimes involving the plant.

After committee approval, marijuana banking bill is stalled in the Senate

The Senate seemed to be on track to do what the House did seven times during recent sessions, which was pass bipartisan marijuana bank legislation. The often-stated parlance used by Senate Majority leader Chuck Schumer (DNY) was “soon” but it wasn’t soon enough in 2023.

The Banking Committee only passed the bill in September despite the efforts of both chambers and parties. Floor action was postponed indefinitely due to lingering disagreements about certain provisions and legislative priority on an inflexible congress calendar.

As the weeks passed, the measure’s 2023 pathway became more complicated and condensed. This was due in no small part to the fall House leadership upheaval that removed Rep. Kevin McCarthy (R-CA) from the speakership. As the weeks passed, the 2023 pathway for the measure became more complicated and condensed, in part due to the fall House leadership change that replaced Rep. Kevin McCarthy, R-CA, as speaker with Mike Johnson, R-LA, an opponent of the cannabis reform movement.

Schumer, however, took the floor once again just as his colleagues were preparing to go on holiday this month. committed to recommit to prioritizing cannabis banking legislation when members reconvene 2024. He said that it will take bipartisanship and “won’t easy” but he assured supporters of the Senate Leaders promise to pass the cannabis banking bill in the second half the 118th Congress.

Support for legalization reaches record high

Gallup’s November poll, conducted against the backdrop of important presidential and congressional developments in 2023, showed that national support for legalizing marijuana had reached a record-high of 70 percent, including a large majority of Republicans and Democrats.

Majorities of all demographics surveyed supported the reform.

Gallup noted that there was “no difference” in the support for legalization between those who live in states which have already implemented this reform and people who live in states in which cannabis is only legal on a medical basis or has been criminalized. The firm reported that “70% of adults are in favor” in both groups.

Bipartisan congressional lawmakers file over a dozen marijuana bills

Senate marijuana banking legislation was the focus of attention in Congress this year. Bipartisan lawmakers from both sides of the aisle did not let the attention that the Senate marijuana banking bill received stop them from introducing a number of proposals to change the federal marijuana policy in the first half the 118th Congress.


These are the most important marijuana bills filed by Congress in 2023.

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

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This year, there were numerous attempts to implement cannabis policy changes via large-scale appropriations bills. To the dismay of cannabis advocates, a long-standing rider that prevents Justice Department interference with medical cannabis states was also kept in place.

The GOP House has blocked numerous amendments to spending legislation that would have addressed drug policy reform.

The GOP-controlled Rules Committee prevented multiple drug policy reform amendments from being advanced to the House Floor this year.

In November, for example, the committee refused to put in order a proposal bipartisan to shield all state cannabis programs against federal interference.

The Department also blocked multiple versions of an Amendment from Rep. Robert Garcia, D-CA that would have prohibited the use of federal funds to test applicants for federal jobs for cannabis.

The committee rejected a separate amendment to another spending measure that would have allowed D.C. the freedom to legalize marijuana sales within the nation’s capitol.

The Rules Committee had ordered an amendment to to allow VA doctors to give medical cannabis recommendations for veterans, which ultimately passed the House. However, it was not included in final agreement following bicameral meeting.

The panel blocked more than a dozen amendments to the National Defense Authorization Act. This included a measure proposed by Garcia, which would have prohibited the denial of security clearances for federal employees due to prior cannabis use.

A GOP-led NDAA was amended to allocate $10 million to the Department of Defense to fund clinical trials to determine the therapeutic potential of some psychedelics. This proposal was included in the final product that Biden endorsed in December.

Cannabis and federal agencies

As state legalization expanded, federal agencies examined their cannabis policies over the course of the year. There were several noteworthy updates, beyond the HHS recommendation to reschedule.


DEA

In November, the agency announced that it would significantly increase domestic production of cannabinoids and delta-9 THC for research purposes in 2019. It will also maintain high levels of production of psychedelics as scientific interest continues its growth.

The DEA is continuing its review of marijuana’s scheduling, and has proposed again that two psychedelic substances be banned federally. This proposal prompted pushback from research and advocacy groups.

At a House Judiciary Subcommittee Hearing in July, DEA administrator Anne Milgram said that “will keep an eye on all research” when her agency conducts its review of cannabis.

The DEA also received criticism from state officials and advocates, after warning Georgian pharmacies that the federal law prohibits dispensing medical marijuana under Georgia’s legalization laws.


FDA

The FDA caused controversy early in the year when it announced that it wouldn’t be issuing any regulations to allow the marketing of hemp-derived CBD as dietary supplements or in food despite federal legalization.

However, the agency stated that it was willing to work with Congress in order to find a solution for what it called administrative barriers to rulemaking. was also the topic of a hearing by a congressional committee held in July.

The FDA and the Federal Trade Commission separately sent warning letters to six companies they said were selling illegal “copycat” Delta-8 THC products, which were packaged in a way that was misleading to imitate popular brands such as Doritos. Cheetos. Jolly Ranchers.


VA

The VA issued an updated directive in August that reiterates its doctors’ prohibition to issue medical cannabis recommendations for their veterans. The document also noted that the federal definition of marijuana had been revised with the legalization hemp.


U.S. Department of Agriculture (USDA).

In November, it was reported that the USDA is revoking the hemp licenses of farmers who are also growing marijuana in state-approved programs. This highlights yet another policy conflict arising from the federal prohibition on some forms of cannabis.


Bureau of Alcohol, Tobacco, Firearms and Explosives

In October, the agency informed Arkansas officials that the state law allowing medical cannabis patients obtain concealed carry firearm licenses created an “unacceptable risk” and could undermine the alternative firearm licensing policy approved by the federal government.

ATF also issued a warning shortly after Minnesota’s Governor signed a bill legalizing cannabis into law in may, emphasizing the fact that those who use marijuana are prohibited from owning or purchasing guns and ammunition until federal prohibition is lifted.


Federal Cannabis Employment Policy

Throughout the year, several federal agencies informed workers and potential applicants about their cannabis employment policies.

The Substance Abuse and Mental Health Services Administration , for example, revised federal workplace drug-testing guidelines in order to clarify that medical marijuana used under a physician’s prescription and legalized in the state of residence is not an acceptable excuse for a THC positive test.

USDA, ATF and Customs and Border Protection CBP and U.S. Secret Service were among the agencies that informed their employees of the rules or risks associated with marijuana or hemp-derived products. Secret Service.

Justice Department defends lawsuits on prohibition, harm reduction, and guns

In 2023, the Justice Department was forced to defend several lawsuits where it had to defend federal laws that prohibited marijuana users from purchasing or possessing firearms.

The Biden administration claimed that cannabis consumers with guns pose a unique danger to society. This is because they are “unlikely” to store their weapon properly. The Biden administration claimed that cannabis consumers who own guns are a special danger to society. This is because they’re ‘unlikely’ to store their weapons properly.

In a brief filed in the case, attorneys from the Justice Department argued that the firearm ban for cannabis consumers is justified by historical analogies to restrictions imposed on the mentally ill or habitually intoxicated during the period of the Second Amendment ratification in1791.

The federal government has claimed repeatedly that these analogues support limiting the gun rights of cannabis users. But a number of federal courts have ruled the marijuana-related prohibition unconstitutional . This has led DOJ to appeal several ongoing cases.

In October, the Justice Department made similar arguments during oral argument in a related but separate case before the U.S. Court of Appeals Eleventh Circuit. This case is about the Second Amendment rights for medical cannabis patients in Florida.

The attorneys in both cases also referred to a ruling by the U.S. Court of Appeals of the Fifth Circuit from August, Daniels v. United States. This decision found that the ban prohibiting people who use cannabis from possessing firearms was unconstitutional.

DOJ had already informed the Eleventh Circuit Court that it believed the ruling to be “incorrectly determined,”, and the department’s lawyer reiterated the government’s view that “there are reasons to doubt the foundations” in the appeals court’s decision.

In February, the U.S. District Court for the Western District of Oklahoma ruled that the prohibition against people using marijuana possessing firearms was unconstitutional. The judge stated that the federal government’s justification for maintaining the law is “concerning.”

In U.S. District Court for the Western District of Texas, a judge ruled in April that banning people who use marijuana from possessing firearms is unconstitutional–and it said the same legal principle also applies to the sale and transfer of guns.

Several leading marijuana businesses, stakeholders and organizations have banded together in order to file a lawsuit against the federal government for what they consider to be unconstitutional policies that are impeding their business operations. Plaintiffs also retained a prominent firm headed by an attorney involved in many high-profile cases.

In December, DOJ agreed with the cannabis companies to jointly request an extension of the deadline for filing initial briefs by 2024.

The Justice Department was also involved in litigation in federal court over the establishment of a “safe drug consumption site” in Philadelphia. The government sought to dismiss the case, claiming that federal law prohibits such harm reduction centres.

Advocates and stakeholders look to 2024

What the New year brings for federal cannabis policies remains to be determined. The DEA’s decision on marijuana scheduling, and the Senate cannabis banking legislation will be in everyone’s mind. Biden is likely to continue to promote the cannabis pardons, especially since 2024 will be a presidential election. However, it remains to see if he will do more to capitalize on the popularity of wider legalization.

The past year has shown that momentum is still a key factor for advocates and stakeholders.


GOP Congressman Floats Marijuana Rescheduling To Lift Research Barriers And Inform National ‘Regulatory Framework’


Photo by Mike Latimer.

The article The Most Important Federal and Congressional Marijuana Policy Developments of 2023 first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

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