Top Democratic Senators Urge DEA to Finalize Cannabis Rescheduling
Top Democratic senators, including Senate Majority Leader Chuck Schumer (D-NY), are pressing the Drug Enforcement Administration (DEA) to “promptly finalize” a rule to reschedule marijuana. In a letter sent to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Friday, Schumer, along with Sens. Cory Booker (D-NJ), Ron Wyden (D-OR), and others, implored the administration to follow through on a proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), as the Justice Department formally proposed in May.
Push for Rescheduling
“The proposed rule to reclassify cannabis to Schedule III recognizes the medical benefits of marijuana, will improve access for studying the health effects of short and long-term cannabis use, and will provide relief to cannabis businesses that continue to navigate a patchwork regulatory system to conduct legal business,” the senators stated.
A public comment period on the proposed rule closed last week, with over 40,000 people weighing in. Initial analyses indicated that the majority supported reclassifying or descheduling cannabis altogether. The senators urged the DEA to finalize the proposed rule to reschedule.
Benefits of Rescheduling
“Rescheduling presents significant benefits to public health, research, business, and Americans harmed by the lasting effects of our punitive drug policies,” the letter says. “It will also bolster cannabis-related businesses, many of which are owned by people criminalized for marijuana offenses, opening them up to critical investment opportunities.”
While rescheduling would remove certain research barriers and allow state-licensed cannabis businesses to take federal tax deductions under the IRS code known as 280E, it would not federally legalize marijuana, as noted by the Congressional Research Service (CRS) in multiple recent reports.
The senators highlighted that rescheduling could prompt the Food and Drug Administration (FDA) to update technical information on cannabis, clarifying its regulatory approach to stakeholders and creating broader availability of supply for studies. This would allow researchers to avoid stringent and costly DEA administrative reviews.
Long-Overdue Step
“Better study of marijuana will make its use safer for users and communities,” the senators said, noting that existing federally approved studies do not reflect the full range of products consumed by customers. “Reclassification is a long overdue step toward the end of prohibition, which has disproportionately impacted young people and people of color for decades,” the letter states.
Calls for Comprehensive Reform
The senators acknowledged that rescheduling is not a complete solution but a step towards addressing the policies that have harmed communities across the country. They emphasized the need for Congress to enact legislation like the Cannabis Administration and Opportunity Act (CAOA) to end federal marijuana prohibition.
“Marijuana prohibition has denied scores of Americans from benefiting from the drug’s accepted medical uses and resulted in criminal enforcement that has harmed communities around the nation,” the senators wrote. “Criminal enforcement has contributed to our country’s exorbitant incarceration rates, racial disparities in policing, and immense pain and loss in communities hardest hit by punitive marijuana policies.”
Other Signatories and Broader Implications
Other signatories on the letter include Sens. Tina Smith (D-NM), Ben Ray Luján (D-NM), Patty Murray (D-WA), and Kirsten Gillibrand (D-NY). They stressed that incremental rescheduling is a step toward a more rational cannabis policy.
Republican Opposition
Meanwhile, GOP members have expressed concerns about the process leading to the Biden administration’s proposal to reschedule marijuana. Rep. Doug LaMalfa (R-CA) condemned the push to reclassify marijuana and efforts to enact bipartisan cannabis banking reform, calling the policy changes an endorsement of the “immoral industry.”
Sen. Bill Cassidy (R-LA) criticized the Biden administration for refusing to brief Congress on its plans, fueling speculation that the proposed policy change is politically motivated. Twenty-five GOP congressional lawmakers also sent a public comment letter opposing the administration’s planned rescheduling, alleging the recommendation was based on politics rather than science.
Future of Cannabis Policy
As Congress debates the future of cannabis policy, the outcome of these efforts could significantly impact federal enforcement priorities and interactions with jurisdictions regulating cannabis products. The push from top Democratic senators highlights a growing recognition of the need for reform and the potential benefits of rescheduling cannabis.
