GOP Senator Condemns Biden Administration Over Lack of Transparency in Cannabis Rescheduling Plan

Sen. Bill Cassidy (R-LA) has strongly criticized the Biden administration for what he describes as repeated refusals from federal agencies to brief Congress on their plans and justification for rescheduling marijuana. Cassidy argues that this lack of transparency fuels speculation that the proposed policy change is politically motivated.

Senator’s Concerns and Letter

In a letter sent to Attorney General Merrick Garland and U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra on Thursday, Cassidy expressed his concerns about the lack of clarity in the decision to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Cassidy, ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, highlighted that HHS had “outright refused” to provide a briefing requested in March, citing an unspecified “internal policy” as the reason for the denial. Additionally, the agency has not turned over documents referenced in its rescheduling recommendation, and the Justice Department has been “non-responsive to three requests for a briefing on this matter.”

Cassidy’s Criticism of Agency Responses

“Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling,” Cassidy stated. “Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics, rather than the scientific evidence.”

GOP Lawmakers’ Opposition

This sentiment is echoed by 25 GOP congressional lawmakers who recently sent a public comment letter opposing the Biden administration’s planned rescheduling of marijuana, alleging that the recommendation was politically motivated rather than based on scientific evidence.

Call for Transparency

Cassidy acknowledged that while there may be “legitimate sensitivities” about disclosing information on “open enforcement matters,” there is “no valid reason why agencies cannot brief congressional staff about a publicly available proposed rule.” He emphasized that federal agencies routinely provide briefings to Congress on proposed rules to give substantive content to relevant committees.

Concerns Over Administrative Hearing

The senator also criticized the Drug Enforcement Administration (DEA) for not committing to hold an administrative hearing on the marijuana rescheduling proposal, despite requests from various parties, including 19 state attorneys general and nine former DEA administrators. The public comment period for the proposed rule ends on Monday.

Implications for Public Health and Safety

“This speaks to the continued disregard by the administration to provide clarity around this decision,” Cassidy said. He also pointed out that moving marijuana from Schedule I to Schedule III would have significant implications for public health and safety, noting that this change contradicts multiple previous Department of Justice (DOJ) analyses that concluded marijuana was appropriately placed in Schedule I.

Request for Briefing

Cassidy concluded his letter by requesting a briefing on the rescheduling plan no later than August 1. If the agencies refuse, he asked for a written justification with citations of any legal requirements that preclude them from doing so.

Potential Benefits of Rescheduling

While the senator is critical of the rescheduling decision, one of the effects of moving marijuana to Schedule III would be removing research barriers that are imposed on Schedule I drugs—an issue he has shown interest in by sponsoring a bill in 2021 to facilitate research on strictly controlled substances.

Broader Cannabis Policy Debate

Meanwhile, a group representing state-level cannabis regulators has called on the Biden administration and DEA Administrator Anne Milgram to clarify how rescheduling marijuana would affect federal enforcement priorities and the U.S. government’s interaction with jurisdictions that regulate cannabis products.

GOP Lawmakers at the RNC Convention

At the Republican National Committee convention this week, multiple GOP lawmakers discussed their views on how cannabis policy issues such as rescheduling could be impacted if former President Donald Trump wins the November election. Opinions varied, with many deferring to the nominee’s stance on the issue.

Legislative Efforts

Bipartisan congressional lawmakers are now seeking to remove a controversial section of a spending bill that would block the Justice Department from rescheduling marijuana. This is one of several cannabis- and psychedelics-related amendments to appropriations legislation that have been filed in recent days. GOP senators have also attempted to block the administration from rescheduling cannabis with a standalone bill filed last September, though that proposal has not yet received a hearing or vote.

Sen. Bill Cassidy’s strong condemnation of the Biden administration’s approach to marijuana rescheduling underscores a broader debate on the transparency and motivations behind federal drug policy changes. As the public comment period closes and legislative efforts continue, the future of cannabis regulation remains a contentious and evolving issue.