:::::::USA Set to Reschedule Cannabis::::::: HHS Releases Recommendation Documents:::::::
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Email from MPP- Marijuana Policy Project, a pro-cannabis reform activist organization.
Last week, it was widely reported that the Drug Enforcement Administration (DEA) is preparing to accept the recommendation from the Department of Health and Human Services (HHS) to reschedule marijuana as a Schedule III controlled substance.
Rescheduling marijuana would mark a significant shift in how the federal government views the substance. Currently, cannabis is categorized as a Schedule I drug deemed to have a high potential for abuse and no accepted medical use, making it illegal under federal law. By moving cannabis to Schedule III of the federal Controlled Substances Act, the U.S. government is poised to officially recognize the efficacy and safety of cannabis for medical use, representing a long-overdue positive step that opens the door for a more sensible and nuanced approach to federal cannabis policy.
What Led to This Decision?
Cannabis has been used as a medicine for thousands of years, but it has been prohibited in the U.S. since 1937, over the objections of the American Medical Association. For decades, brave patients and loved ones, organizations like MPP, and legislators have been spearheading efforts to reform state medical cannabis laws.
After decades of advocacy, more than 70% of Americans now live in a medical cannabis state. The HHS found there are six million Americans using cannabis pursuant to the recommendation of 30,000 health care practitioners in medical cannabis programs, and there is credible evidence to support it. Thanks to all of those that spoke out and researched cannabis despite hurdles, cannabis now has “currently accepted medical use.”
What Will be the Impact of Rescheduling?
Rescheduling marijuana will help make cannabis more accessible for research, and help remove the stigma of medical cannabis, making it easier to pass state medical cannabis laws.
It will also remove some of the tax barriers preventing cannabis businesses from operating on a level playing field with other legal industries. States that have legalized cannabis have already generated more than $20 billion in tax revenue, created over 400,000 jobs, and boosted their economies. The move to reschedule cannabis can bring increased investment, job creation, and tax revenue in states where cannabis is legal for medical or recreational use.
Ultimately, rescheduling also increases pressure on Congress and the president to stop criminalizing cannabis consumers and providers, and to enact comprehensive federal legalization.
When Will Rescheduling be Final?
It’s unclear. It could be as short as a couple of months, or possibly as long as years. As of today, the DEA still needs to submit a proposed rule and there will be a public comment period, likely to last for 30-60 days. There may also be a hearing.
How Do I Weigh In?
As rescheduling makes its way through the approval process, well-funded prohibitionist groups are already expressing their opposition and intention to file lawsuits to derail rescheduling before the change is finalized. When the period for officially submitting public comments begins, we need to be ready to mobilize and defend the push to reschedule cannabis at the federal level.
Last week, it was widely reported that the Drug Enforcement Administration (DEA) is preparing to accept the recommendation from the Department of Health and Human Services (HHS) to reschedule marijuana as a Schedule III controlled substance.
Rescheduling marijuana would mark a significant shift in how the federal government views the substance. Currently, cannabis is categorized as a Schedule I drug deemed to have a high potential for abuse and no accepted medical use, making it illegal under federal law. By moving cannabis to Schedule III of the federal Controlled Substances Act, the U.S. government is poised to officially recognize the efficacy and safety of cannabis for medical use, representing a long-overdue positive step that opens the door for a more sensible and nuanced approach to federal cannabis policy.
What Led to This Decision?
Cannabis has been used as a medicine for thousands of years, but it has been prohibited in the U.S. since 1937, over the objections of the American Medical Association. For decades, brave patients and loved ones, organizations like MPP, and legislators have been spearheading efforts to reform state medical cannabis laws.
After decades of advocacy, more than 70% of Americans now live in a medical cannabis state. The HHS found there are six million Americans using cannabis pursuant to the recommendation of 30,000 health care practitioners in medical cannabis programs, and there is credible evidence to support it. Thanks to all of those that spoke out and researched cannabis despite hurdles, cannabis now has “currently accepted medical use.”
What Will be the Impact of Rescheduling?
Rescheduling marijuana will help make cannabis more accessible for research, and help remove the stigma of medical cannabis, making it easier to pass state medical cannabis laws.
It will also remove some of the tax barriers preventing cannabis businesses from operating on a level playing field with other legal industries. States that have legalized cannabis have already generated more than $20 billion in tax revenue, created over 400,000 jobs, and boosted their economies. The move to reschedule cannabis can bring increased investment, job creation, and tax revenue in states where cannabis is legal for medical or recreational use.
Ultimately, rescheduling also increases pressure on Congress and the president to stop criminalizing cannabis consumers and providers, and to enact comprehensive federal legalization.
When Will Rescheduling be Final?
It’s unclear. It could be as short as a couple of months, or possibly as long as years. As of today, the DEA still needs to submit a proposed rule and there will be a public comment period, likely to last for 30-60 days. There may also be a hearing.
How Do I Weigh In?
As rescheduling makes its way through the approval process, well-funded prohibitionist groups are already expressing their opposition and intention to file lawsuits to derail rescheduling before the change is finalized. When the period for officially submitting public comments begins, we need to be ready to mobilize and defend the push to reschedule cannabis at the federal level.
Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process
The Biden administration’s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that’s expected to elicit a major response from supporters and opponents of cannabis reform alike. About a week after President Joe Biden and the Justice...
www.marijuanamoment.net
I have to wonder what affect the re-scheduling will have with how much funding the DEA receives each year.
DEA should be defunded and Congress should create a new framework for Drug Control Enforcement with a smaller beauocracy and less power.
Instead, congress will choose to delay and delay, then be forced to agree with last-minute regulations lumped in with another important unrelated piece of legislation such as the Farm Bill which was due to be renewed last year or the Federal Budget.
Instead, congress will choose to delay and delay, then be forced to agree with last-minute regulations lumped in with another important unrelated piece of legislation such as the Farm Bill which was due to be renewed last year or the Federal Budget.
Interesting how the lawmakers are not involved in the process of the DEA "rulemaking".
Its kind of strange to think of people making comments to the DEA about their perspectives about illegal drugs, since the DEA is the enforcement arm of the Judicial branch and is involved in charging people with drug crimes.
Seems a bit intimidating, you see? No public hearings by legislators. No representation, no transparency. This is an un-American, un-constitutional, to let this lawless "rulemaking" process go on without public oversight. Oh but we get to make comments to the DEA who could put us on a watch list as a potential suspect in a drug crime.
You see how this goes? You see the iron fist of the federal government.
Its kind of strange to think of people making comments to the DEA about their perspectives about illegal drugs, since the DEA is the enforcement arm of the Judicial branch and is involved in charging people with drug crimes.
Seems a bit intimidating, you see? No public hearings by legislators. No representation, no transparency. This is an un-American, un-constitutional, to let this lawless "rulemaking" process go on without public oversight. Oh but we get to make comments to the DEA who could put us on a watch list as a potential suspect in a drug crime.
You see how this goes? You see the iron fist of the federal government.
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Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process
The Biden administration’s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that’s expected to elicit a major response from supporters and opponents of cannabis reform alike. About a week after President Joe Biden and the Justice...
www.marijuanamoment.net
Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process
The Biden administration’s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that’s expected to elicit a major response from supporters and opponents of cannabis reform alike. About a week after President Joe Biden and the Justice...
www.marijuanamoment.net
Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process
Published
on
May 21, 2024
By
Kyle Jaeger
The Biden administration’s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that’s expected to elicit a major response from supporters and opponents of cannabis reform alike.
About a week after President Joe Biden and the Justice Department both confirmed that they are seeking to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), the rule was published in the Federal Register on Tuesday.
That initiates a 60-day public comment period, after which point there may be an administrative hearing to receive additional input before the rule is potentially finalized.
Marijuana reform advocates and stakeholders have made clear that they intend to leverage the opportunity, with some planning to support the reclassification while others intend to call for descheduling cannabis altogether. Prohibitionists are expected to oppose the incremental policy change and seek to keep marijuana in Schedule I, and there’s also a looming threat of litigation.
While DOJ will take all public comments submitted by July 22 into consideration as it weighs the reform, it said in the notice that one of the topics its especially interested in hearing about is the “unique economic impacts” of the rescheduling proposal given that state-level legalization has created a “multibillion dollar industry” that stands to benefit from possible federal tax relief under the reform.
DOJ said “marijuana is subject to a number of State laws that have allowed a multibillion dollar industry to develop,” and the department “acknowledges that there may be large impacts related to Federal taxes and research and development investment for the pharmaceutical industry, among other things.”
More broadly, the Federal Register notice says that “DOJ is seeking comment on the practical consequences of rescheduling marijuana into schedule III under the relevant statutory frameworks.”
When Biden announced the administration’s rescheduling action last week, he described it as consistent with his belief that nobody should be jailed over cannabis possession. As a statutory matter, that wouldn’t necessarily apply with simple rescheduling because it’d remain federally illegal. But the White House has not publicly commented on the economic impacts of the incremental reform.
On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that’s been legalized in some form in the vast majority of states.
On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform.
Key cannabis reform groups previewed their comment strategy to Marijuana Moment.
NORML Deputy Director Paul Armentano said his organization “is in a unique position to mobilize interested parties to provide their perspectives throughout the public comment period.”
“In particular, I think it is important that the voices of both physicians and patients are heard and considered, as the Justice Department clearly weighed the widespread acceptance of medical cannabis among those in the medical community and among those residing in medical use states in making their decision to reclassify,” he said.
“In addition, NORML will be submitting our own comprehensive comments substantiating the evidentiary record that cannabis possesses accepted medical utility and comparatively low dependence liability,” Armentano said. “We will also be addressing a number of the issues raised by opponents, as well as the DEA, with respect to cannabis’ impact on public health and making it clear that such concerns do not warrant continuing to classify cannabis as a Schedule I substance.”
“While NORML ultimately favors descheduling rather than rescheduling, we also understand that reclassification is associated both symbolic and tangible benefits to the cannabis community, both in the short-term and in the long-term,” he said.
Cat Packer, director of drug markets and legal regulation at the Drug Policy Alliance, told Marijuana Moment that “it’s critically important that individuals and communities adversely and disproportionately impacted by cannabis criminalization and those that support federal marijuana decriminalization, make their voices heard in the public comment process.”
“While rescheduling would continue federal marijuana criminalization, this public comment period provides an unprecedented opportunity for the public to demonstrate to federal leaders that rescheduling is not enough and to reiterate the public’s support for reforms beyond rescheduling, including legalization,” she said.
“Even cannabis industry participants, who would benefit from Schedule III’s tax relief, have an opportunity to leverage this public comment process to bring attention to the harms of federal criminalization, those impacted and to advocate for reforms that would acknowledge, end and address the harms of criminalization and shift the federal government towards a federal framework that better promotes public health, public safety, equity and the will of the American people,” Packer said.
Organizations that represent the interests of the marijuana industry are also planning to make their voices heard in the comment process.
David Culver, senior vice president of public affairs, for the U.S. Cannabis Council, told Marijuana Moment that the group will be submitting a comment on the proposed rule “shortly.”
“We plan to survey the far-reaching benefits of moving cannabis to Schedule III and highlight the rigor behind the scientific and legal analyses underpinning the shift,” he said. “And we’ll take the opportunity to thank President Biden and his administration for implementing the most significant cannabis reform in American history.”
Adam Goers, co-chair of the Coalition for Cannabis Scheduling Reform, said that the rescheduling proposal “is built upon a foundation of unassailable scientific evidence,” adding that his organization will “use the public comment period to expand upon the overwhelming scientific case for Schedule III.”
Prohibitionist organization Smart Approaches to Marijuana (SAM) told its supporters in a recent email blast that it is “working with an esteemed law firm specializing in administrative law to craft the strongest challenge possible.”
“Together, we are working on our comment and content strategy which we will then ask you to help us with,” the group said. “This is a long game and we will have one shot to present our best arguments. It is better to put forth the strongest possible comment than to submit something quickly, so we do not anticipate having final guidance for you by Tuesday. But we are working overtime to equip you as soon as possible and hope to have it soon after the 60-day period begins.”
SAM previously launched a fundraising effort in support of its plans to challenge the cannabis rescheduling move, including through potential litigation.
DEA Administrator Anne Milgram has acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. Requests that a public hearing be held must be submitted by June 20.
The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted.
To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however.
Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed.
In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA.
Biden has separately issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis.
It should also be noted that, during his run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration.
Daily Marijuana Use In U.S. Is Now More Common Than Daily Alcohol Drinking, New Study Finds
More Americans now consume cannabis every day than drink alcohol on a daily basis, according to a newly published study that explores how marijuana use habits have changed in recent decades. Since 1992, it says, the per capita rate of daily cannabis consumption in the country has increased...
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