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MARIJUANA MOMENT

CONGRESSIONAL RESEARCHERS SAY IT’S ‘LIKELY’ MARIJUANA WILL BE RESCHEDULED, BUT
IT WOULDN’T FIX FEDERAL-STATE POLICY GAP


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    * Congressional Researchers Say It’s ‘Likely’ Marijuana Will Be Rescheduled,
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 * Newsletter
   
    * DEA head ducks cannabis questions from Congress (Newsletter: May 8, 2024)
   
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POLITICS


CONGRESSIONAL RESEARCHERS SAY IT’S ‘LIKELY’ MARIJUANA WILL BE RESCHEDULED, BUT
IT WOULDN’T FIX FEDERAL-STATE POLICY GAP

Published

4 seconds ago

on

May 8, 2024

By

Kyle Jaeger

It “appears likely” that the federal government will reschedule marijuana,
congressional researchers say in a new report. But Congress still has the
authority to address the federal-state cannabis policy gap “before or after”
that reform is enacted.

Days after the Justice Department announced that it was moving forward with
plans to move marijuana from Schedule I to Schedule III of the Controlled
Substances Act (CSA), the Congressional Research Service (CRS) released a report
outlining policy considerations for legislators.

“Given the current marijuana law and policy gap between the federal government
and most states, there are a number of issues that Congress may address,” CRS
said. “These topics include, but are not limited to, marijuana’s designation
under the CSA, financial services for marijuana businesses, federal tax issues
for these businesses, oversight of federal law enforcement and its role in
enforcing federal marijuana laws, and states’ implementation of marijuana laws.”

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“In addressing state-level legalization efforts, Congress could take several
routes. It could take no action, in which case it appears likely DEA will move
marijuana from Schedule I to Schedule III,” it said. “Congress could also enact
marijuana legislation before or after DEA acts on rescheduling.”

CRS has repeatedly drawn attention to the policy gulf that’s widened as more
states have moved to legalize marijuana. That won’t necessarily change if the
federal government reschedules cannabis, which would not legalize it, but it
does renew interest in possible legislative solutions.



“Although state laws do not affect the status of marijuana under federal law or
the ability of the federal government to enforce it, state legalization
initiatives have spurred a number of questions regarding potential implications
for federal laws and policies, including federal drug regulation, and access to
banking and other services for marijuana businesses,” the report says. “Thus
far, the federal response to states’ legalizing marijuana largely has been to
allow states to implement their own laws.”

CRS said that potential legislative options for Congress include implementing
“more or less stringent marijuana control, ranging from pushing for federal law
enforcement to dismantle state medical and recreational marijuana programs to
limiting federal marijuana regulation through means such as appropriations
provisions, to rescheduling or de-controlling marijuana under the CSA.”

“This last option would largely eliminate the gap with states that have
authorized recreational and comprehensive medical marijuana,” the report says.
“As Congress considers these questions, states may continue to act on marijuana
legalization. No state has reversed its legalization of either medical or
recreational marijuana at this time.”



—
Marijuana Moment is tracking more than 1,400 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.
—



CRS also released a separate report last week asserting that, if the federal
government reschedules marijuana as proposed by the Justice Department, the move
would not legalize cannabis or bring state-regulated markets “into compliance.”

The report echoes points CRS made in a separate marijuana analysis published in
January.

“Rescheduling or descheduling marijuana under the CSA could raise additional
legal questions,” it said, noting the potential role of FDA in regulating
cannabis products and the possibility of Congress establishing a regulatory
framework for marijuana.



To that end, Senate Majority Leader Chuck Schumer (D-NY) and
colleagues reintroduced legislation this week 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 last week 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.



> Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers
> Group Tells White House



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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South Dakota Marijuana Activists Turn In Signatures To Put Legalization On The
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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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DEA head ducks cannabis questions from Congress (Newsletter: May 8, 2024)

Cannabis Can Help Treat Female Orgasmic Disorder, Study Finds As Ohio Officials
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South Dakota Marijuana Activists Turn In Signatures To Put Legalization On The
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