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MARIJUANA MOMENT
FEDS BEGIN ACCEPTING MARIJUANA RESCHEDULING COMMENTS, WITH KEY REFORM GROUPS
PREVIEWING HOW THEY PLAN TO INFLUENCE THE PROCESS
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* Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform
Groups Previewing How They Plan To Influence The Process
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POLITICS
FEDS BEGIN ACCEPTING MARIJUANA RESCHEDULING COMMENTS, WITH KEY REFORM GROUPS
PREVIEWING HOW THEY PLAN TO INFLUENCE THE PROCESS
Published
2 seconds ago
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.
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VP Harris Tells Group of Activists: 'We Need to Legalize Marijuana'
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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.
Prohibitionist organization Smart Approaches to Marijuana (SAM) told its
supporters in an 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.
> Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana
> Companies And Justice Department This Week
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Don't Miss
Former Obama Drug Czar Says Marijuana Is ‘Not Medicine’ And That ‘Big Cannabis’
Is Behind Federal Rescheduling Decision
Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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