Twelve senators have called on the Drug Enforcement Administration to legalize marijuana and answer any questions regarding the ongoing review of the scheduling by the agency.
In a Monday letter to Attorney General Merrick G.arland and DEA Administrator Anne Milgram, the legislators–led Sens. Elizabeth Warren (D) and John Fetterman, along with Senate majority leader Chuck Schumer (D) and other supporters of marijuana reform, denounced the “devastating effect” and the “out of step” policy of prohibition.
This would be a “rare chance to shape the cannabis industry from the bottom up, designing a federal regulation system that is untainted with the corporate capture which has influenced tobacco and alcohol regulations, and progressing federal cannabis reforms, that acknowledge and repair harms caused by cannabis criminalization.”
After a review of scientific evidence, the U.S. Department of Health and Human Services has recommended that DEA shift marijuana from Schedule I of the CSA to Schedule III of that law. The review concluded that cannabis is therapeutic and less harmful than controlled substances in lower schedules. The final decision is made by DEA, who is not bound to the HHS recommendation.
The letter of the senators, first reported on by NC News, states that “While rescheduling marijuana to Schedule III would be a significant move, it would still not solve the worst harms in the current system.” “The DEA should de-schedule all marijuana.”
The lawmakers recognized that incremental rescheduling would “have some important policy benefits” such as eliminating barriers for research and federal employment of medical cannabis patients as well as allowing licensed marijuana businesses in state to claim federal tax deductions which they are currently prohibited from using under the Internal Revenue Service code (IRS), known as 280E.
They wrote: “However rescheduling will do little to correct the most serious harms caused by the current system.” Many of the CSA criminal penalties for marijuana are likely to continue so long as marijuana is included in the CSA. This is because the penalties are based not on the schedule status of the drug, but the amount of marijuana. Criminal penalties, such as prison sentences, fines and asset forfeiture, for recreational marijuana use and medical marijuana products without federal approval would continue to exist. This would disproportionately affect Black and Brown communities.
They said that only by fully declassifying marijuana could these harms be corrected. Once marijuana is deschedule, it can still be subjected to public health regulations. This could include lessons learned from the regulation of tobacco and alcohol.
Senators also argued preemptively that DEA shouldn’t base its decision to schedule cannabis on an outdated interpretation of international treaty obligations. They stated that the United Nations had already rescheduled marijuana and allowed medical and recreational legalization for other member states, such as Canada. DEA claimed previously that international drug conventions required the U.S. keep cannabis on Schedule I or 2.
The letter of the senators concludes with:
“The DEA never has kept a substance in Schedule I even after HHS recommended removing the drug, and it should not do it now.” As several members of Congress have urged, it is essential that the DEA removes marijuana from Schedule I. The DEA must act quickly; it should not repeat its history of taking years before rescheduling requests were resolved. The DEA and HHS must also be transparent in their use of evidence during the review process. The Biden Administration has a window of opportunity to deschedule marijuana that has not existed in decades and should reach the right conclusion–consistent with the clear scientific and public health rationale for removing marijuana from Schedule I, and with the imperative of relieving the burden of current federal marijuana policy on ordinary people and small businesses.”
The letter was also signed by Sens. Bernie Sanders (I VT), Cory Booker, (D -NJ), Jeff Merkley, (D – OR), Kirsten Gilibrand, (D – NY), Ron Wyden, (D – OR), John Hickenlooper(D – CO), Peter Welch and (D – VT), Chris Van Hollen and (D – MD), Alex Padilla.
Senators have also added an addendum that includes six questions regarding DEA’s review of scheduling process. They are asking the agency to respond by February 12th.
They want DEA, for example, to give an update on its review status and timelines for removing cannabis from Schedule I. The agency was also asked to provide information on the type of evidence it relies on in making its decision and if it plans to ask for data from future trials before proposing a change to schedule.
The senators also want to know what, if any, changes would occur to the criminal penalties for marijuana if the drug was added to one of the four other schedules in the CSA.
As referenced in the letter, the Congressional Research Service (CRS) recently detailed the limitations of simple rescheduling–emphasizing that state cannabis markets would continue to run afoul of federal law, and existing criminal penalties for certain marijuana-related activity would remain in force.
The senators asked: “To what extent is DEA’s evaluation on marijuana’s schedule acknowledging or addressing the harms and collateral consequences of cannabis criminalization, as well as racial disparities in federal marijuana enforcement?”
They said, “We appreciate your attention and look forward to seeing your swift action.”
HHS Secretary Xavier Becerra stated this 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 firmly maintained that it is the “final authority” in 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 considering all relevant statutory criteria, regulatory criteria, and HHS’s scientific and medical evaluation. “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 .
DEA has been under pressure from both sides in the recent debate on marijuana policy. Prohibitionists have urged the agency to maintain cannabis as Schedule I, while advocates are pushing for a Schedule III or descheduling decision.
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 last month, 29 former U.S. Attorneys urged the Biden administration not to include cannabis in Schedule 1.
The governors of six U.S. States–Colorado Illinois, New York New Jersey Maryland and Louisiana sent a letter to Biden last month asking the administration to reschedule cannabis by the end the 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.
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In October, advocates and lawmakers who support marijuana reform marked one year anniversary of Biden’s mass marijuana pardon. They also called on him to do even more.
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 has urged DEA, meanwhile to “reject”, the top federal agency’s recommendation that marijuana be rescheduled and instead kept in the most restricted category under the CSA.
A recent poll revealed that about one-third (or ) of marijuana users would return to the illegal market , if cannabis were 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. Last month , he issued a new and expanded pardon declaration. The Justice Department has begun issuing certificates for those who applied in the second round.
Below, you can read the letter from Senators to DEA about descheduling cannabis:
The post Senates Demand Answers on Rescheduling Process first appeared on Marijuana Moment.
