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Lawmakers, Governor and Advocates Have Mixed Reactions to Top Health Agency’s Recommendation To Reschedule Federal Marijuana

The news that the U.S. top health agency has formally recommended the moving cannabis from Schedule I to schedule III under federal law sparked a firestorm from top officials including the Governor of Colorado, Congress lawmakers and national advocacy organizations.

The letter, which was leaked Wednesday, revealed that the U.S. Department of Health and Human Services has finished its scientific review of cannabis and now advises the Drug Enforcement Administration to loosen the restrictions under the Controlled Substances Act.

Mixed reactions have been received by the recommendation. Many are pleased that HHS has proposed a reform which would have significant implications for cannabis researchers, while giving marijuana businesses federal tax deductions. Others, however, say Schedule III is not enough as cannabis will remain illegal at the federal level and may even have negative consequences.

Marijuana Moment has confirmed that both HHS and DEA confirm the letter was received. While the news is exciting, the decision to schedule marijuana has not been made. DEA has said that it will “now initiate its review”, taking FDA’s findings into consideration, but is not required to carry out a Schedule III reclassification.

Advocates, stakeholders, and officials across the country share their perspectives. What they have to say:

Members of Congress


Senate Minority Leader Chuck Schumer

Schumer stated that “HHS did the right thing, and DEA must now follow through with this important step in order to greatly reduce harm caused by draconian cannabis laws.” “While this is an important step, much more needs to be done to end federal prohibition on marijuana and reverse the War on Drugs. I will continue to work with Congress to pass marijuana legislation and criminal-justice reform.


Senate Finance Committee Chair Ron Wyden (D)

Wyden stated. “However the recommendation by HHS to reschedule marijuana as a Schedule II drug is not unimportant.”

He said that if HHS’s recommendations are implemented, this will be an historic step for the nation because its cannabis policies were out of touch with reality. “At last, the barriers to research that is sorely needed will be removed and the inequitable tax provision of 280E will be thrown out the window. State legal cannabis businesses can now deduct business expenses like any other small business.”

He added, “Progress can’t stop here.” “The administration and I in Congress must do even more to bring America’s cannabis policy up to date, catch up with states, and undo decades of damage caused by the failed War on Drugs.”


Sen. James Lankford (R-OK)

The GOP senator stated that “Oklahoma is seeing an alarming increase in illegal grow operations and foreign land purchases from China and other countries, as well as criminal activity related to them, such execution-style killings.” “More pot is bad for our families, businesses or communities.”


Rep. Earl Blumenauer (D-OR)

Blumenauer, cochair of the Congressional Cannabis Caucus said, “This is a good step, but it’s not enough.” “I hope that it will be followed by even more significant reforms.” “This is long overdue.”


Rep. Dwight Evans (D-PA)

The congressman stated that as a long-time supporter for legalizing cannabis, he also supports the more limited move of reclassifying it to Schedule III. “This is common sense and the federal government should definitely do it!”

State officials


Colorado Gov. Jared Polis, D-Colorado Gov.

A spokesperson for Governor Polis said that the Biden Administration is taking action with the commonsense decision of rescheduling marijuana. Coloradans will be watching, and we ask the federal government to not delay the process any further while other agencies start their review.

Schedule III will remove 280(E )!,”, they said. This refers to a federal law which prohibits people taking federal tax deductions for income derived from Schedule I and Schedule II drugs. This is one of the biggest barriers to Colorado’s thriving marijuana industry and we are looking forward to the end of this archaic state-regulated tax penalty.

Advocacy groups


Paul Armentano, Deputy Director of NORML

Armentano, speaking to Marijuana Moment Wednesday, said that the goal of federal cannabis reform should be to close the untenable gap between federal marijuana policies and the cannabis laws in the majority of U.S. States.

He said: “Rescheduling cannabis to Schedule III in the US Controlled Substances Act does not adequately address this conflict. Existing state legalization laws – both adult use and medical – will continue to be at odds with federal regulations. This will perpetuate the divide between federal and state marijuana policies.”


Justin Strekal, Founder of BOWL PAC

Strekal, speaking to Marijuana Moment, said that Schedule 3 continues the federal criminalization for marijuana possession even for those who participate in state-level medical cannabis programs. “Should Biden’s Administration go forward with this it would not fulfill their campaign promise of decriminalizing,” he added.

Disclosure: Strekal is a supporter of Marijuana Moment through a pledge per month on Patreon.


Edward Conklin, Executive Director of the US Cannabis Council (USCC),

The US Cannabis Council is delighted with the news of today. Conklin stated that President Biden and the Administration have acknowledged that cannabis is incorrectly classified as Schedule I controlled substances and are fulfilling their promise to correct it. “We think that moving cannabis to Schedule III would be the biggest federal cannabis reform of modern times. President Biden has declared an end to Nixon’s failed war against cannabis, and is putting the nation on track to end prohibition.

The rescheduling of cannabis will bring a wide range of benefits. It will signal to the criminal justice that cannabis is not a priority. And it will provide a vital economic lifeline for the cannabis industry, by removing the burdensome 280E taxes. This historic reform will benefit state licensed cannabis businesses in all sizes and shapes,” he said. “We urge the DEA proceed with rescheduling marijuana with reasonable speed.”


Karen O’Keefe, Director of State Policy at the Marijuana Policy Project (MPP), Marijuana Policy Project

The recommendation of the Department. O’Keefe stated that the recommendation made by the Dept. “Given the fact that more than half of the US population live in states with medical cannabis and that millions of Americans find relief using cannabis products, the federal government has long overdue to recognize cannabis’ value as a medicine.”

She said that moving cannabis to Schedule III would still maintain many of the harmful effects of federal prohibition. “Today’s announcement is a positive step and will bring real benefits to medical cannabis patients, businesses and researchers.”


Drug Policy Alliance’s Cat Packer

Packer, speaking to Marijuana Moment said that the shift to Schedule III would be significant for a number reasons. It would eliminate research barriers and permit marijuana businesses to make “normal business deductions.”

She said, however, that the rescheduling “would fall woefully behind the promises made by Biden during his presidential election campaign in 2020, especially the promises made to Black-and-Brown communities.”

Packer stated that the bill does not address criminalizing marijuana for personal use or possession, which President Biden had already acknowledged was a failure disproportionately affecting Black and Latino Communities. If the Biden administration is serious about ending the Country’s failed marijuana approach and correcting the wrongs, including the disproportionate impact of criminalization of marijuana on Black and Latino community members, Biden should be supportive of decriminalization as well as a new federal cannabis policy which actually promotes justice and fairness.


Aaron Smith, CEO of the National Cannabis Industry Association

Smith stated that while moving cannabis to schedule III may have limited benefits, it does not align federal law to the 38 U.S. States which already regulate cannabis for adult or medical use. The only way to resolve all the issues arising from the conflict between federal and state laws is to remove marijuana from the Controlled Substances Act, and regulate it in a similar manner to alcohol.

He said that “the vast majority of Americans reside in states where the laws differ from federal law and where Main Street businesses are regulated and serving the legal marijuana market responsibly and safely.” It’s past time that Congress harmonized federal policy with the states.


National Cannabis Roundtable Executive Director Saphira Gaaloob, Executive director

Galoob stated that cannabis had been misclassified for half a century without any real scientific basis, to the detriment both of the patients and the people who were persecuted in the misguided war on drugs. This historic recommendation by HHS to reduce federal restrictions on marijuana and affirm that cannabis has medical benefits is a big win for patients. It should help undo decades’ worth of misguided drugs policy.

She said that the recommendation made by HHS was only the beginning of the process of scheduling review started by President Biden in the fall of last year. It is therefore urgent and crucial for Congress to act on SAFE Banking, and other cannabis policies reforms at the federal level.

Galoob stated that “we look forward to the DEA’s and DOJ’s determination of this recommendation and hope they will consider other aspects of criminal justice in their decision which lie outside of the FDA or HHS jurisdiction.” “NCR is committed to working with the federal agencies and Congress in order to bring about much-needed cannabis reforms that protect consumers, address issues of social justice and promote economic growth.”


Minority Cannabis Business Association president Kaliko Castille

“Moving marijuana to Schedule III is a rebranding of prohibition, it does not end it.” Castille stated that although this decision would provide much-needed tax relief to some cannabis businesses it would not remove criminal penalties which continue to disproportionately affect minority communities. “We call on President Biden, to keep his promise and remove cannabis from the CSA. This is the only solution to ensure social justice and economic opportunity in the cannabis industry.

Prohibitionists


Smart Approaches To Marijuana (SAM) President Kevin Sabet

Sabet stated that “while under HHS’s recommendations marijuana would remain illegal in federal law, this move flies against science and reeks of political. It would also allow the industry the ability to deduct expenses for business, promotion, and other costs like ads promoting THC flavored gummies or candies for children by repealing Section 280E.

He said that “the addiction profiteers, who have been exposed as lying about marijuana’s mental, physical and economic effects, are desperately searching for legitimacy, in light of mounting evidence that their products harm millions of Americans.” It is regrettable that this move by the Department of Health and Human Services now seems to be a nod towards those monied interest groups.

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The HHS’s recommendation comes just two months after Secretary Xavier Becerra said to Marijuana Moment that his agency aimed to complete the review before the end of this year.

According to a White House spokesperson, who spoke with Marijuana Moment Wednesday, the “administrative processes is an independent process led and guided by HHS and DOJ” and that the president’s team won’t be commenting at this time on the agency recommendation.

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 cannabis was put in the most restrictive category when the federal government began its war on drugs.

This could also give Congress more momentum to reform federal cannabis laws. When lawmakers return from their August recess to continue trying to pass cannabis banking laws, they can point to the HHS recommendations as proof of the urgency for the industry to be normalized.

The HHS review had been awaited by advocates with great anticipation. They hoped that the HHS would make a recommendation for descheduling, which would see marijuana removed from CSA and treated as alcohol to the government. Some people have expressed concerns about a Schedule III classification, stating that it could negatively affect state markets and lead to FDA taking a more active role in cannabis.

Last week, Rep. Matt Gaetz, R-FL, pressed DEA Administrator Anne Milgram for more information on her recent comments about the origins and timeline of President Obama’s directive to review marijuana scheduling. He wants a copy of the letter Milgram says the president sent last year to the HHS secretary and attorney general directing the review. He wants to know if the administrator has asked HHS for an update about their timetable , as she promised during a recent House Judiciary Subcommittee Hearing.

A lawyer filed a Freedom of Information Act request to HHS, in order to obtain a copy of Biden’s alleged letter rescheduling. said earlier in the month that it did not have any records of such a letter.


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The post Governor, Lawmakers And Advocates Share Mixed Responses To Federal Marijuana Rescheduling Recommendation from Top Health Agency first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

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