In a recent move, a coalition of Democratic senators sent a letter to the Drug Enforcement Administration (DEA) advocating for marijuana rescheduling under the Controlled Substances Act. Highlighting the growing recognition of marijuana’s therapeutic benefits and the pressing need to rectify past injustices linked to its prohibition.
However, while the senators commend the potential for reclassification, they argue that such changes alone are insufficient. They emphasize the importance of fully ending federal prohibition and recommend implementing a comprehensive federal regulatory framework that prioritizes restorative justice and public health.
Push for Rescheduling Marijuana
On August 2nd, U.S. Senators Cory Booker, Chuck Schumer, Ron Wyden, Tina Smith, Ben Ray Luján, Patty Murray, and Kirsten Gillibrand sent a letter to Attorney General Merrick Garland and DEA Administrator Anne Milgram. They expressed their strong support for the DEA’s proposal to transfer marijuana from Schedule I to Schedule III under the CSA. A move that acknowledges the medical benefits of marijuana and aims to improve access for research and business operations.
Rescheduling marijuana from Schedule I to Schedule III is a crucial step. Schedule I drugs are considered to have no accepted medical use and a high potential for abuse, while Schedule III substances are recognized for their medical benefits and pose less risk. The change would mean that finally, the federal government acknowledges the medical applications of marijuana, making it easier to study its short and long-term effects and providing relief to cannabis businesses.
The push for rescheduling marijuana gained momentum when President Biden directed the Secretary of Health and Human Services and the Attorney General to initiate the administrative review process in October 2022. The review concluded that marijuana did not meet the criteria for Schedule I classification and recommended its transfer to Schedule III.
On July 22nd, the Department of Justice (DOJ) concluded the public comment period regarding the proposed reclassification of marijuana under the Controlled Substances Act. This period garnered nearly 43,000 comments, marking it as the most feedback ever received on such an issue, with a vast majority advocating for either reclassification or the complete removal of marijuana from the CSA.
Benefits of Rescheduling Marijuana
Rescheduling marijuana presents significant benefits for public health. Recognizing its medical applications can lead to better treatment options for pain, anorexia, nausea, and vomiting, among other conditions. This change can also reduce the stigma associated with marijuana use and encourage patients to seek legal and safe treatments.
One of the significant advantages of rescheduling is the boost it provides to research opportunities. Researchers will have improved access to marijuana for scientific studies, enabling them to explore its potential benefits and risks more comprehensively. This can lead to a deeper understanding of the plant’s medical properties.
Cannabis-related businesses, many of which are owned by individuals previously criminalized for marijuana offenses, will benefit from this rescheduling. It will open doors to critical investment opportunities and allow these businesses to thrive within a more consistent regulatory framework. Additionally, Schedule III status would enable legal businesses to claim normal tax deductions and credits, further supporting their growth.
Call To Fully End Federal Prohibition
While rescheduling marijuana is a step in the right direction, it is not a panacea for the issues stemming from decades of marijuana prohibition. The senators emphasized that comprehensive legislation is needed to fully address the flaws in current marijuana policy and ensure restorative justice and public health take precedence.
The Cannabis Administration and Opportunity Act (CAOA), reintroduced by Senators Booker, Schumer, and Wyden, seeks to end federal prohibition and establish a federal regulatory framework. This legislation prioritizes restorative justice, ensuring that communities disproportionately affected by past drug policies receive the support they need. It also aims to create a more equitable and transparent cannabis market.
This move would align federal law with the current scientific and medical understanding of marijuana. Descheduling would eliminate many of the regulatory hurdles and inconsistencies that currently plague the cannabis industry.
“Rescheduling is not the panacea to undoing the harms caused by decades of marijuana prohibition, but it is a step toward addressing the policies that have devastated communities across the country. Cannabis should be entirely de-scheduled. Yet, we recognize and appreciate DEA’s effort to address the flaws in our current marijuana policy by using its authority under the CSA and following the scientific and medical evidence to reschedule marijuana as a Schedule III drug. We urge DEA to finalize the rule,” the Senators concluded.
Step Towards Restorative Justice
Marijuana prohibition has disproportionately harmed communities of color and younger individuals for decades. Rescheduling helps address these injustices, but we need more comprehensive measures to fully rectify the damage caused by punitive drug policies.
Comprehensive legislation like the CAOA includes provisions to support communities that have been most affected by marijuana prohibition. This includes expunging criminal records for non-violent marijuana offenses and providing funding for social equity programs.
By establishing a regulated cannabis market, comprehensive legislation can create economic opportunities for individuals and communities that the war on drugs has preyed on for decades. This includes access to business loans, grants, and technical assistance for aspiring entrepreneurs in the cannabis industry.
The push to reclassify marijuana under the CSA marks a significant step towards marijuana reform in the United States. However, it is essential to recognize that rescheduling alone is not enough to address the deep-rooted issues caused by decades of prohibition. Comprehensive legislation, such as the Cannabis Administration and Opportunity Act, is crucial to fully end federal prohibition, prioritize restorative justice, and establish a fair and equitable regulatory framework.
One Response
I loved the insight on this. In general, seeing the promotion of the rescheduling has mainly shown up as a negative with the understanding (whether correct or not) that it would mean this industry would be handed to pharma and people would need a prescription to consume. Thank you for this info!