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MARIJUANA MOMENT
U.S. SENATOR AND CONGRESSMAN URGE FEDS TO FULLY LEGALIZE MARIJUANA, RATHER THAN
RESCHEDULE IT
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POLITICS
U.S. SENATOR AND CONGRESSMAN URGE FEDS TO FULLY LEGALIZE MARIJUANA, RATHER THAN
RESCHEDULE IT
Published
20 hours ago
on
January 29, 2024
By
Kyle Jaeger
New York congressional, state and local lawmakers are teaming up to rally for
the complete descheduling of marijuana, pushing the attorney general and Drug
Enforcement Administration (DEA) to end prohibition, rather than simply
reschedule cannabis.
As DEA considers a U.S. Department of Health and Human Services (HHS)
recommendation to move marijuana from Schedule I to Schedule III under the
Controlled Substances Act (CSA), Sen. Kirsten Gillibrand (D-NY) and Rep. Jerrold
Nadler (D-NY) held a press conference alongside advocates, New York state
lawmakers and New York City officials on Sunday to promote broader
administrative reform.
“I think it’s clear: It’s time to legalize marijuana and expunge non-violent
marijuana convictions,” Gillibrand said. “It’s time to make sure that jobs and
the economic benefit resulting from legalization lift up the Black and brown
communities most harmed by the failed war on drugs. And it’s time to give
scientists and policymakers the freedom and data they need to make more informed
decisions about the drug’s regulation.”
CDC says teen pot use declined in Washington after legalization
CDC says teen pot use declined in Washington after legalization
Marijuana use in teens in King County has drastically declined since it was
legalized for adults several years ago.
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“This week, I’m calling on the attorney general and the Drug Enforcement
Administration to swiftly deschedule marijuana the Controlled Substances Act,”
she added. “The drug does not meet the medical or scientific requirements for a
Schedule I substance and its classification as such is woefully out of step with
reality. The vast majority of Americans agree that marijuana should be
legalized.”
“I will keep working with my colleagues in Congress to advocate for this issue,”
Gillibrand said. “And I will do everything in my power to end the overly
restrictive federal marijuana policy.”
Nadler, the sponsor of a bill to federally legalize marijuana that’s passed the
House twice in recent sessions, said that, “for many years, this country has
waged a failed war on drugs, including the criminalization of marijuana, that
has inflicted untold suffering on millions of Americans.”
> Today I joined @SenGillibrand in calling for @POTUS to deschedule marijuana as
> a controlled substance. For too many years, this country has waged a failed
> War on Drugs, including the criminalization of marijuana, that has inflicted
> untold suffering on millions of Americans.… pic.twitter.com/X1ONDQt0vf
>
> — Rep. Nadler (@RepJerryNadler) January 28, 2024
“Marijuana never should have been placed on the most restrictive schedule of the
Controlled Substances Act—alongside substances such as heroin and cocaine,” he
said. “I appreciate the Biden administration’s decision to review the status of
marijuana, and I strongly urge the administration to deschedule it completely.
It is time to end the prohibition and criminalization of marijuana at the
federal level.”
The prospects of descheduling under the ongoing review seem unlikely, as DEA has
historically resisted calls to loosen cannabis restrictions by simply
rescheduling it. It’s an open question whether the agency will heed the HHS
recommendation to move it to Schedule III.
Nadler also told a reporter following Sunday’s press conference that the Biden
administration “can deschedule it without legislation,” and he’s “hopeful that
now that they’ve come part of the way that we can persuade them to go the rest
of the way.”
However, while President Joe Biden directed the scheduling review and campaigned
on a yet-unfulfilled pledge to federally decriminalize cannabis, the White House
has previously affirmed that he remains personally opposed to legalizing it.
New York Sen. Liz Krueger (D), who championed the state’s marijuana legalization
law that’s being implemented, said “we have demonstrated that it is possible to
legalize adult-use cannabis without the sky falling.”
At Sunday’s briefing, Sen. Cordell Cleare (D) said that “as we combat
everything, including racism, we have to be constantly ringing the bell.”
“Your presence here today is saying something,” she said. “It’s doing something.
And we have to continue to organize that voice.”
Advocates with the Drug Policy Alliance (DPA) and Empire State NORML also joined
the lawmakers in their push for descheduling.
“We all deserve marijuana laws rooted in equity, health, safety, and dignity,”
DPA said in a statement. “As a country we have made progress toward addressing
the racist, hideous legacy of marijuana criminalization, and the lifelong
collateral consequences caused for many of our loved ones. However, as long as
marijuana remains on the Controlled Substances Act, the harms of federal
marijuana criminalization will persist.”
Congressional researchers also recently laid out 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.
—
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policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
DEA has faced pressure on both sides of the marijuana policy debate over recent
months, with advocates pressing for a Schedule III decision, or complete
descheduling, and prohibitionists urging the agency to keep cannabis in Schedule
I.
Prior to the HHS documents’ release, a coalition of 12 Democratic state
attorneys general implored DEA to move forward with federal marijuana
rescheduling, calling the policy change a “public safety imperative.”
In another letter last month, 29 former U.S. attorneys called on the Biden
administration to leave cannabis in Schedule I.
Last month, the governors of six U.S. states—Colorado, Illinois, New York, New
Jersey, Maryland and Louisiana—sent a letter to Biden calling on the
administration to reschedule marijuana by the end of last year.
Meanwhile, six former DEA heads and five former White House drug czars sent a
letter to the attorney general and current DEA administrator voicing opposition
to the top federal health agency’s recommendation to reschedule marijuana. They
also made a questionable claim about the relationship between drug schedules and
criminal penalties in a way that could exaggerate the potential impact of the
incremental reform.
Signatories include DEA and Office of National Drug Control Policy heads under
multiple administrations led by presidents of both major parties.
In October, Advocates and lawmakers who support cannabis reform marked the
one-year anniversary of Biden’s mass marijuana pardon and scheduling directive
this month by calling on him to do more—including by expanding the scope of
relief that his pardon had and by expressly supporting federal legalization.
Two GOP senators, including the lead Republican sponsor of a marijuana banking
bill that cleared a key committee in September, also filed legislation late last
year to prevent federal agencies from rescheduling cannabis without tacit
approval from Congress.
A coalition of 14 Republican congressional lawmakers, meanwhile, has urged DEA
to “reject” the top federal health agency’s recommendation to reschedule
marijuana and instead keep it in the most restrictive category under the CSA.
> DEA Rehires Agent Fired Over Positive Drug Test From CBD, Agreeing To Provide
> Back Pay In Lawsuit Settlement
Photo courtesy of Philip Steffan.
Marijuana Moment is made possible with support from readers. If you rely on our
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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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