According to the Justice Department, the head of the Drug Enforcement Administration lied when she claimed that President Joe Biden sent a letter to top agencies directing a review of marijuana’s scheduling.
Prior to the U.S. Health and Human Services (HHS) making a cannabis rescheduling recommendation last month, DEA Administrator Anne Milgram said during a House Judiciary subcommittee hearing in late July that the president “had sent a letter” to the secretary of HHS and the attorney general “to ask for the scheduling–descheduling process to begin.”
This assertion raised eyebrows as many people do not understand the administrative mechanisms that are behind the ongoing review of scheduling. Matt Zorn, an attorney, filed a Freedom of Information Act request (FOIA), seeking to obtain a copy of Milgram’s letter, following the July hearing.
HHS replied last month by saying that it conducted a search, and determined there were “no records responsive to your requests.” Last week, the Justice Department responded with another response, stating it had consulted DEA, who in turn explained to Zorn that the administrator “referenced the president’s announcement of October 6, 2020.”
The replies state that there was never a “letter” sent by Biden to the DOJ or HHS. Milgram’s comment was more likely to be a reference to the president’s public announcement of the scheduling review directive and a mass pardon given for federal marijuana possession crimes.
It is reasonable to assume that the President had communicated with HHS and DEA in advance of Biden’s announcement in October. However, the letter did not appear.
The question is now, what will the final outcome of the marijuana schedule review be? HHS has finished its part of the process by providing scientific findings as well as a recommendation to move cannabis from Schedule I into Schedule III of Controlled Substances Act.
DEA has now conducted its own review and will make a final decision after it is done. DEA is not obligated to act on the recommendation of the CSA because it has jurisdiction over that agency. However, some believe the conclusion of the scientific study, along with political and public pressure will encourage DEA to take action.
Zorn (the attorney who investigated the alleged letter from Biden) directed his blog about DOJ’s response to Rep. Matt Gaetz, R-FL, the congressman who asked about the scheduling review at the July hearing, when DEA’s Milgram was present.
Gaetz sent a second letter to the DEA administrator in late November, requesting a similar copy of the letter that she referred. Separately, the congressman expressed concerns that moving marijuana to Schedule III could lead to the pharmaceutical industry overtaking the cannabis industry .
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Biden hasn’t commented personally on HHS’s recommendation to reschedule marijuana, but last month, the White House Press Secretary said that President Obama has “always” supported the legalization for medical marijuana.
Biden’s “always” supporting cannabis reform is not true. was a Senator who championed a number of pieces legislation that intensified the war on drugs .
The rescheduling of marijuana would not allow federal access to the current medical cannabis programs at state level, but it would open up the research on the plant. This would have important implications in the marijuana industry.
The recommendation of the top health agency has been praised by lawmakers from both parties. has described the recommendation as an important step on the road to federal legalization. has claimed credit, pointing out their years of activism around marijuana reform.
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 the Government launched its War on Drugs and placed cannabis under the CSA’s most restrictive category.
This change does not fulfill Biden’s promise to decriminalize cannabis.
The incremental reforms could still help to boost congressional efforts for further changes in federal cannabis laws. For example, a marijuana banking bill that Senate majority leader Chuck Schumer (DNY) described as a priority during the fall session.
‘Very Concerned’ GOP Lawmaker Demands Biden Administration Explain Marijuana Scheduling Recommendation
Photo by Mike Latimer.
The post Justice Department says DEA head misspoke about Biden’s ‘Letter,’ directing Marijuana Scheduling review appeared initially on Marijuana Moment.
