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MARIJUANA MOMENT
GOP LAWMAKERS DEMAND DEA HEAD EXPLAIN WHY SHE DIDN’T SIGN MARIJUANA RESCHEDULING
PROPOSAL, BREAKING ‘DECADES OF PRECEDENT’
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* Fed cannabis lawsuit arguments (Newsletter: May 23, 2024)
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POLITICS
GOP LAWMAKERS DEMAND DEA HEAD EXPLAIN WHY SHE DIDN’T SIGN MARIJUANA RESCHEDULING
PROPOSAL, BREAKING ‘DECADES OF PRECEDENT’
Published
3 seconds ago
on
May 23, 2024
By
Kyle Jaeger
Two Republican congressmen are demanding that the head of the Drug Enforcement
Administration (DEA) answer questions about why she broke “decades of precedent”
by not signing a proposed marijuana rescheduling rule, instead having it
approved by the attorney general.
In a letter sent to DEA Administrator Anne Milgram on Wednesday, Reps. Andrew
Clyde (R-GA) and Ben Cline (R-VA) expressed their “grave concern” about the
official’s “refusal to respond to questions from multiple members” about the
scheduling review at a recent House Appropriations subcommittee hearing earlier
this month.
They challenged the administrator’s position that it would be “inappropriate” to
weigh in on that review under the Administrative Procedure Act (APA), arguing
that there are exemptions built into the law that compel disclosures in a
congressional committee setting.
Marijuana Consumers Have "Significantly Decreased Odds" Of Cognitive Decline
Marijuana Consumers Have "Significantly Decreased Odds" Of Cognitive Decline
A recent study suggests that marijuana users have lower chances of experiencing
subjective cognitive decline (SCD) compared to non-users. The study indicated
that people who consume cannabis for recreational or medical purposes reported
less confusion and memory loss compared to non-users. This finding holds
significance as previous research has linked subjective decline to increased
risk of dementia later in life. However, the study reveals that the impact of
THC on cognitive function may be more complex than commonly assumed.
Individuals using marijuana for medical purposes or both medical and
recreational purposes also showed “decreased odds of SCD, although not
significant”. Past studies have highlighted negative associations between heavy
cannabis use and mental performance. The authors highlight that cognitive
effects are influenced by factors like purpose of use, extending beyond
consumption frequency. The study proposes several theories explaining the
association between cannabis use and reduced cognitive decline. These include
the potential benefits of marijuana in improving sleep quality and alleviating
stress. “Several studies have found that cannabis use might enhance sleep
quality, expedite sleep onset, and reduce sleep disturbances. Non-medical
cannabis use could have contributed to the observed decrease in SCD due to its
potential benefit on sleep quality,” the new paper says.
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The lawmakers said “you were legally compelled to testify and answer questions
related to marijuana reclassification despite your refusal and your incorrect
legal interpretation of the APA.”
“Accordingly, we expect to receive answers to the questions asked by members
during the hearing,” they said, adding that they also expect Milgram to respond
to any written Questions for the Record (QFRs) from subcommittee members related
to the issue.
At issue for the lawmakers is the fact that Attorney General Merrick Garland
signed the proposed rule to move marijuana from Schedule I to Schedule III of
the Controlled Substances Act (CSA). Conventionally, the DEA administrator signs
off on scheduling proposals, and so some have interpreted the break in precedent
to mean DEA or Milgram disagreed with the rescheduling decision. However, it’s
not clear that’s the case.
Milgram did say at the subcommittee hearing this month that, “stepping out of
marijuana,” she was unaware of any instance where a DEA administrator hasn’t
signed a scheduling order.
In the new letter, Clyde and Cline requested that the administrator answer two
questions by June 5, so that they have at least one week to review the response
before their subcommittee markup of the budget bill covering DEA:
1. In the FY25 DEA Budget Hearing, you testified that the DEA is the final
authority to schedule, reschedule, or deschedule a drug under the Controlled
Substances Act. So, why did you NOT sign the Notice of Proposed Rulemaking
to reschedule marijuana released by the Drug Enforcement Administration on
May 16, 2024?
2. Additionally, in the FY25 DEA Budget Hearing, you testified that you were
not aware of any instance in which a rulemaking that schedules, reschedules,
or deschedules a drug under the Controlled Substances Act is not signed by
the Administrator of the DEA. So, did the Department of Justice provide the
DEA with justification to break decades of precedent to have the Attorney
General ultimately sign the Notice of Proposed Rulemaking? If so, please
describe in detail the Department of Justice’s justification to you or the
DEA for this decision.
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They also asked for a copy of a DEA response to the Justice Department’s Office
of Legal Council (OLC) that was cited in their analysis of the rescheduling
issue and which seemed to signal DEA pushed back against certain justifications
for the reform.
The Biden administration’s drug czar said this week that the Justice
Department’s rescheduling determination is “based on science and evidence,”
adding that the change will ease research restrictions around the use of
cannabis to treat “chronic illnesses, chronic pain and diseases like cancer.”
But he appeared to have oversimplified what the change will mean for legal
prescription access to medical marijuana.
—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug
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.
—
A report published by the Congressional Research Service (CRS) earlier this
month said further action from the Food and Drug Administration (FDA) would be
needed before marijuana products become available by prescription.
CRS has also noted that rescheduling would not legalize cannabis or bring
state-regulated markets—including medical marijuana systems—“into compliance”
with federal law.
The proposed rule to federally reschedule marijuana was officially posted last
week, kicking off a public comment period that’s expected to elicit a major
response from supporters and opponents of cannabis reform.
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.
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.
> New York Bill Would Legalize Psilocybin Service Centers Where Adults Could
> Have Supervised Psychedelic Sessions
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured
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New York Bill Would Legalize Psilocybin Service Centers Where Adults Could Have
Supervised Psychedelic Sessions
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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