Governor Beshear Urges DEA to Follow Through on Cannabis Rescheduling Proposal
Frankfort, KY – In a significant move, Kentucky Governor Andy Beshear has publicly urged the Drug Enforcement Administration (DEA) to adopt the Biden administration’s plan to reschedule marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). Beshear’s comments were submitted as part of a public comment period, which has garnered over 31,000 responses ahead of Monday’s deadline.
“As Governor, my job is to move our state forward,” Beshear stated, referencing the medical cannabis legalization policy he signed into law. “Rescheduling marijuana to Schedule III is a significant, common-sense step forward for all Kentuckians, especially those with significant medical conditions.”
Economic and Social Implications
Governor Beshear highlighted the potential benefits of reclassifying cannabis, emphasizing the substantial and meaningful impacts on patients, communities, businesses, and research. He argued that rescheduling would offer a safer alternative to deadly opioids, despite marijuana still being federally illegal without FDA approval as a medicine. Beshear’s comment underscored that the reclassification could facilitate fair markets by allowing state-licensed marijuana businesses to take federal tax deductions currently prohibited under IRS code 280E. It would also open new opportunities for research by removing some of the barriers imposed on Schedule I drugs.
Advocating for Change
In his letter to the DEA, Beshear criticized the current Schedule I classification of marijuana, which places it alongside heroin and LSD and deems it more dangerous than Schedule II drugs like fentanyl and methamphetamine. “The jury is no longer out on marijuana: It has medical uses and is currently being used for medical purposes,” Beshear wrote. He noted the overwhelming bipartisan support for medical cannabis, evidenced by the medical marijuana law he signed, which passed with backing from Republican legislative supermajorities.
Public Health and Safety
Governor Beshear emphasized the safety of regulated medical marijuana programs, pointing out that Kentucky has seen no marijuana overdose deaths, in contrast to the tens of thousands of opioid overdose deaths nationwide. “A well-regulated medical marijuana market provides an alternative to opioids,” he stated, adding that other states with medical marijuana programs have demonstrated their safety through age restrictions, rigorous testing standards, packaging and labeling requirements, and advertising restrictions.
Collaborative Efforts
Beshear’s advocacy for cannabis reform aligns with broader efforts within the Biden administration. He participated in a roundtable event at the White House with Vice President Kamala Harris, where she highlighted the president’s mass marijuana pardons and the scheduling directive that led to the current rescheduling proposal. Beshear has also promoted his collaboration with the administration on cannabis reform, discussing the potential for him and Harris to run together on a future ticket if President Joe Biden opts not to seek re-election.
Executive Actions and Future Plans
In addition to signing the medical marijuana legalization bill, Beshear has taken executive actions to protect patients who possess medical cannabis purchased out-of-state by granting pardons to those who meet specific criteria. After Biden’s initial pardon proclamation in October 2022, Beshear indicated he was considering further marijuana clemency actions at the state level and encouraged petitions for relief. He has also expressed a desire to allow Kentucky farmers to grow and sell recreational cannabis across state lines.
Opposition and Legislative Challenges
Contrasting Beshear’s stance, 25 Republican members of Congress recently sent a letter opposing the Biden administration’s rescheduling plan, arguing that the recommendation was politically rather than scientifically motivated. Additionally, a GOP-led House committee passed a funding bill this month to prevent the Department of Justice from rescheduling or descheduling cannabis. The House Appropriations Committee has also called for the Biden administration to explain its decision-making process for the rescheduling proposal, raising concerns about cannabis-impaired driving and the market for intoxicating hemp-based cannabinoids.
Governor Beshear’s public support for rescheduling marijuana reflects a growing acknowledgment of its medical benefits and the need for regulatory reform. As the DEA considers the overwhelming public comments and the diverse political perspectives, the future of cannabis regulation in the United States remains at a pivotal juncture.
