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MARIJUANA MOMENT
DEA OFFICIALS REPORTEDLY AT ODDS WITH BIDEN ADMIN OVER MARIJUANA RESCHEDULING
PUSH
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POLITICS
DEA OFFICIALS REPORTEDLY AT ODDS WITH BIDEN ADMIN OVER MARIJUANA RESCHEDULING
PUSH
Published
23 hours ago
on
March 11, 2024
By
Kyle Jaeger
Officials with the Drug Enforcement Administration (DEA) are reportedly
resisting calls to reschedule marijuana, creating tension with the White House
as President Joe Biden continues to tout his role in directing the cannabis
review.
That’s according to an article published by The Wall Street Journal on Saturday,
with the report citing “people familiar with the matter” who say certain DEA
officials are disputing scientific findings from the U.S. Health and Human
Services (HHS) that led it to recommend moving marijuana from Schedule I to
Schedule III of the Controlled Substances Act (CSA).
Some advocates and stakeholders have challenged the reporting, questioning the
possible motivations of the anonymous sources. DEA has only publicly said that
it is carrying out its review after receiving the HHS recommendation, without
taking a specific position.
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In any case, the report says that the DEA officials are unconvinced by the
health agency’s conclusion that cannabis hold certain medical value, and they’re
concerned about issues related to increased THC potency.
The sources also said that HHS officials have recently requested information
from the Justice Department’s Office of Legal Counsel (OLC) on the legal
implications of marijuana rescheduling.
DEA Administrator Anne Milgram told lawmakers last year that she would “keep an
open mind” and “look at all the research” as her agency carried out its own
review.
DEA has stressed that it holds final authority in the scheduling decision,
regardless of what HHS recommended. However, the Congressional Research Service
(CRS) has said it’s “likely” DEA will accept the Schedule III determination
based on past scheduling precedent.
While the Wall Street Journal report doesn’t name its sources who said DEA is at
odds with the White House, a former DEA administrator who served under the Trump
administration was quoted as saying the “science does not support rescheduling
of marijuana.”
“Doing that will harm public health and safety,” Timothy Shea, the former DEA
head, said.
Marijuana Moment reached out to DEA and the White House for comment, but
representatives were not immediately available.
“The DEA historically has been hostile to any efforts to amend marijuana’s
federal status—even once going so far as to overrule its own Administrative Law
Judge in order to keep cannabis from being removed from its Schedule I
placement,” Paul Armentano, deputy director of NORML, told Marijuana Moment on
Monday. “Further, this is an agency that tends to act relatively independently,
regardless of whether a Democrat or a Republican administration is in power.”
“Given this history, one would hardly be hard-pressed to presume that there are
some within the agency who wish to cling to their ‘flat Earth’ cannabis policies
at all costs,” he said.
Moving marijuana to Schedule III would not federally legalize it. State cannabis
businesses would be able to start taking federal tax deductions that they’re
currently barred from under an Internal Revenue Service (IRS) code known as
280E, however, and the policy change would also remove certain research
barriers.
While the Journal report doesn’t specify what legal consideration HHS has asked
DOJ’s OLC to weigh in on, it’s possible that it’s related to international
policy implications of rescheduling amid conflicting opinions.
Opponents of marijuana reform have urged DEA to keep cannabis in Schedule I, in
part because they say a reclassification would constitute a violation of
international treaties to which the U.S. is party.
A Democratic congresswoman recently implored DEA to “reject any argument” to
that end, as did a coalition of 12 senators who pointed out in a separate letter
to that the United Nations (UN) has revised global cannabis scheduling policies
and allowed other member states, such as Canada, to legalize and regulate
marijuana without penalty. Those lawmakers urged DEA to legalize marijuana
completely.
Legal experts have also disputed the opponents’ argument, asserting that a move
to Schedule III would better uphold the country’s broader obligations under
international law to regulate cannabis in a way that protects public health and
safety.
Separately, the UN’s drug control body recently reiterated that it does consider
legalizing marijuana for non-medical or non-scientific purposes a violation of
international treaties.
The president hasn’t explicitly voiced support for the Schedule III
recommendation, though he’s signaled that he wants to see cannabis rescheduled
and repeatedly promoted his move to direct the scheduling review.
Most recently, Biden talked about the review directive, as well as his cannabis
pardon proclamation, during his State of the Union address last week—a historic
first.
The timeline for DEA’s scheduling decision is unknown, though there’s a general
expectation that it will be completed this year ahead of the November election.
Based on a recent poll, Biden’s cannabis moves stand to benefit him in the
election. The survey found the president’s favorability spiked after people were
made aware of the possibility that marijuana could be rescheduled under the
Biden-initiated review.
The Biden administration was recently pressed to reschedule marijuana by two
coalitions representing military veterans and law enforcement—including a group
that counts DEA’s Milgram among its members.
—
Marijuana Moment is tracking more than 1,000 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.
—
On the president’s pardon action, Rep. Barbara Lee (D-CA), co-chair of the
Congressional Cannabis Caucus, told Marijuana Moment last month that the
clemency should be “extended all the way out, and any unintended or intended
consequences of the war on drugs should be dealt with to repair the damage.”
Former Rep. Ed Perlmutter (D-CO), however, told Marijuana Moment that he’s been
“very pleased” with Biden’s clemency actions, arguing that the president has
“taken some pretty, in my opinion, bold steps.”
Meanwhile, the U.S. Army recently clarified in a branch-wide notice that
marijuana possession violations under the military drug code weren’t eligible
under the president’s pardons. Sen. John Fetterman (D-PA) called it a “mistake”
to exclude military from the relief.
Vice President Kamala Harris’s office has separately been reaching out to people
who’ve received marijuana possession pardons—seeking assurance that the Justice
Department certification process is going smoothly and engaging in broader
discussions about cannabis policy reform.
> New Hampshire GOP Governor Reaffirms He’d Sign Marijuana Legalization Bill
> With State-Run Model Despite Personal Reservations
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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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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