The U.S. Department of Health and Human Services has released a heavily redacted version of a letter sent to the head of Drug Enforcement Administration (DEA), regarding the agency’s recommendation for marijuana rescheduling.
The letter obtained by Law360 reporter Sam Reisman via Freedom of Information Act request confirms certain details previously reported, such as the date of correspondence, August 29 and the author HHS Assistant secretary for Health Rachel Levine. The letter was redacted in order to remove the content of the message, such as the scheduling recommendations themselves and the scientific review section that was attached to it.
HHS may have told DEA to move cannabis from Schedule I of the Controlled Substances Act to Schedule III. The law enforcement agency will now conduct its own review to make a final decision.
In a letter addressed to DEA Administrator Anne Milgram, the HHS recommended that 21 U.S.C. 81 1 (c).”
Reisman explained to Marijuana Moment the reason for the exemption of the majority of the contents in the letter was to protect the “inter-agency and intra-agency memos or letters that would not be accessible by law to any party other than a agency in litigation.”
Marijuana Moment filed a separate FOIA request in September for a copy. The FOIA officer who handled the request failed to respond by the publication date when asked for an update. Attorney Matt Zorn requested the letter as well. also filed a suit earlier this month in order to obtain the document. They claimed that the HHS had “improperly kept agency records.”
The health agency’s recommendation followed an 11-month review process that was conducted under a directive issued by President Joe Biden in October 2022. HHS Secretary Xavier Becerra said to Marijuana Moment in the summer that the agency aimed to complete the review by the end the year.
The Congressional Research Service (CRS), based on previous precedent , concluded that DEA was “likely to” follow HHS’s recommendation. However, DEA has the right not to follow HHS’s advice as it is the final authority over the CSA.
Six former DEA directors and five former White House Drug Czars have sent a letter this month to the Attorney General and current DEA Administrator , voicing 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 may have exaggerated the impact of incremental reform.
The DEA and ONDCP directors from multiple administrations, including presidents of both major political parties, are among the signatories.
The advocates and legislators who support cannabis reform marked separately the one-year anniversary this month of Biden’s mass marijuana pardon, and scheduling directive by calling him to do more – including by extending the scope of relief his pardon provided and by explicitly supporting federal legalization.
Recently, two GOP senators – including the Republican lead sponsor of an marijuana banking bill that passed a key committee in July — filed a new law to prohibit federal agencies from rescheduling Cannabis without tacit consent from Congress.
A coalition of Republican Congressmen is also urging DEA “reject” top federal health agency’s recommendation to reschedule cannabis, and instead keep it under the most restrictive category in the CSA.
Below is the HHS Letter sent to DEA in response to its recommendation regarding marijuana scheduling:
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The post Top Federal Health Agency Issues Highly Redacted Marijuana Schedule Recommendation To DEA first appeared on Marijuana Moment.
