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News that the top U.S. health agency is formally recommending the moving marijuana from Schedule I to Schedule III under federal law<\/a> has ignited a firestorm of commentary from top officials, including the governor of Colorado, congressional lawmakers and national advocacy groups.<\/p>\n A letter that leaked on Wednesday revealed that the U.S. Department of Health and Human Services (HHS) has completed its scientific review into cannabis and is now advising the Drug Enforcement Administration (DEA) to significantly loosen restrictions under the Controlled Substances Act (CSA).<\/p>\n The recommendation is being met with mixed reactions. While many are encouraged that HHS is proposing a reform that would have major implications for cannabis research, while also giving marijuana businesses the ability to make federal tax deductions, others say Schedule III does not go far enough, as cannabis would remain federally illegal, and could even have negative implications.<\/p>\n Both HHS and DEA have confirmed to Marijuana Moment that the letter was sent and received. But while there\u2019s significant excitement about the development, nothing is final about the scheduling decision. DEA said it \u201cwill now initiate its review\u201d taking into account FDA\u2019s findings, but it makes the final call and isn\u2019t required to follow through on a Schedule III reclassification.<\/p>\n In any case, advocates, stakeholders and officials from across the country are sharing their perspectives. Here\u2019s what they\u2019re saying:<\/p>\n Senate Majority Leader Chuck Schumer (D-NY)<\/strong><\/p>\n \u201cHHS has done the right thing and DEA should now quickly follow through on this important step to greatly reduce the harm caused by draconian marijuana laws,\u201d Schumer said<\/a>. \u201cWhile this is a step forward, there is still much more that needs to be done legislatively to end the federal prohibition on cannabis and roll back the War on Drugs. I am committed to continuing to work in Congress to pass important marijuana legislation and criminal justice reform.\u201d<\/p>\n HHS has done the right thing<\/p>\n DEA should now follow through on this important step to greatly reduce the harm caused by draconian marijuana laws<\/p>\n There is still much more that needs to be done legislatively to end the federal prohibition on cannabis and roll back the War on Drugs https:\/\/t.co\/PT9KQ7LcXd<\/a><\/p>\n \u2014 Chuck Schumer (@SenSchumer) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n I am committed to continuing to work in Congress to pass important marijuana legislation and criminal justice reform. pic.twitter.com\/otigET36cZ<\/a><\/p>\n \u2014 Chuck Schumer (@SenSchumer) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n Senate Finance Committee Chairman Ron Wyden (D-OR)<\/strong><\/p>\n \u201cUltimately, I believe that cannabis should be descheduled with strong federal regulations put in place to protect public health and safety\u2014that\u2019s why I introduced the Cannabis Administration And Opportunity Act with Leader Schumer and Senator Booker,\u201d Wyden said<\/a>. \u201cHowever, the recommendation of HHS to reschedule cannabis as a Schedule III drug is not inconsequential.\u201d<\/p>\n \u201cIf HHS\u2019s recommendation is ultimately implemented, it will be a historic step for a nation whose cannabis policies have been out of touch with reality,\u201d he said. \u201cAt long last, barriers to much-needed research will be lifted and the inequitable 280E tax provision thrown in the trash can so that state legal cannabis businesses will no longer be treated like criminals and can deduct their business expenses just like any other small business.\u201d<\/p>\n \u201cProgress cannot stop here,\u201d he added. \u201cThe administration and my colleagues in Congress must do more to bring America\u2019s cannabis policy into the 21st century, catch up with the states, and help undo the decades of harm caused by the failed War on Drugs.\u201d<\/p>\n Sen. James Lankford (R-OK)<\/strong><\/p>\n \u201cOklahoma has seen alarming growth in illegal grow operations, foreign land purchases by China and others, and related criminal activity, including execution-style murder,\u201d the GOP senator said. \u201cMore marijuana is not good for our families, our businesses, or our communities.\u201d<\/p>\n Oklahoma has seen alarming growth in illegal grow operations, foreign land purchases by China and others, and related criminal activity, including execution-style murder. More marijuana is not good for our families, our businesses, or our communities. https:\/\/t.co\/ERYFKpYxZN<\/a><\/p>\n \u2014 Sen. James Lankford (@SenatorLankford) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n Rep. Earl Blumenauer (D-OR)<\/strong><\/p>\n \u201cThis is a step in the right direction but it is not sufficient,\u201d Blumenauer, co-chair of the Congressional Cannabis Caucus, said. \u201cI hope it is followed by more significant reforms. This is long overdue.\u201d<\/p>\n Rep. Matt Gaetz (R-FL)<\/strong><\/p>\n The congressman celebrated the news by posting a video of himself pressing the head of the DEA on cannabis rescheduling at a hearing last month.<\/p>\n Last month, I pressed DEA Administrator Anne Milgram\u00a0on the Biden Administration\u2019s timeline on rescheduling marijuana from Schedule I to Schedule III \u2014 Rep. Matt Gaetz (@RepMattGaetz) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n Rep. Dwight Evans (D-PA)<\/strong><\/p>\n \u201cAs a longtime supporter of legalizing cannabis, I also support the more limited step of re-classifying to Schedule III,\u201d the congressman said. \u201cThis is just common sense & the federal government should absolutely do it!\u201d<\/p>\n As a longtime supporter of legalizing #cannabis<\/a>, I also support the more limited step of re-classifying to Schedule III. This is just common sense & the federal government should absolutely do it!@SecBecerra<\/a> @TheJusticeDept<\/a> @DEAHQ<\/a>\u00a0@rileyraygriffin<\/a> https:\/\/t.co\/Fs6KWIIokW<\/a><\/p>\n \u2014 Congressman Dwight Evans Colorado Gov. Jared Polis (D)<\/strong><\/p>\n \u201cGovernor Polis is thrilled the Biden administration is moving forward with this commonsense decision to reschedule marijuana, Coloradans are watching and we urge the federal government not to delay the process further as other agencies begin their review,\u201d a spokesperson for the governor said on Wednesday.<\/p>\n \u201cOne thing is certain, Schedule III removes 280(E)!,\u201d they said, referencing a federal law that prohibits people from taking federal tax deductions if their income is derived from Schedule I or Schedule II drugs. \u201cThis continues to be one of the largest barriers Colorado\u2019s thriving cannabis industry faces and we look forward to seeing the demise of this archaic tax penalty levied against state-regulated businesses.\u201d<\/p>\n NORML Deputy Director Paul Armentano<\/strong><\/p>\n \u201cThe goal of federal cannabis policy reform ought to be to address the existing, untenable chasm between federal marijuana policy and the cannabis laws of the majority of U.S. states,\u201d Armentano told Marijuana Moment on Wednesday.<\/p>\n \u201cRescheduling the cannabis plant to Schedule III of the US Controlled Substances Act fails to adequately address this conflict, as existing state legalization laws\u2014both adult use and medical\u2014will continue to be in conflict with federal regulations, thereby perpetuating the existing divide between state and federal marijuana policies,\u201d he said.<\/p>\n BOWL PAC Founder Justin Strekal<\/strong><\/p>\n \u201cSchedule 3 maintains the federal criminalization of marijuana possession, even for those participating in state-level medical marijuana programs,\u201d Strekal told Marijuana Moment.\u201dShould the Biden Administration move forward with this, it is not fulfilling their campaign promise to decriminalize,\u201d he said.<\/p>\n “In order for President Biden to truly fulfill his campaign promise to decriminalize marijuana, it must be removed from the CSA entirely.\u201d \u2013 BOWL PAC Founder @justinstrekal<\/a> https:\/\/t.co\/OOMBD1XnB2<\/a><\/p>\n \u2014 BOWL PAC (@TheBOWLPAC) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n (Disclosure: Strekal supports Marijuana Moment\u2019s work through a monthly pledge on Patreon<\/a>.)<\/p>\n US Cannabis Council (USCC) Executive Director Edward Conklin<\/strong><\/p>\n \u201cThe US Cannabis Council enthusiastically welcomes today\u2019s news. President Biden and his Administration recognized that cannabis was wrongly classified as a Schedule I controlled substance, and they are delivering on their promise to change it,\u201d Conklin said. \u201cWe believe that rescheduling to Schedule III will mark the most significant federal cannabis reform in modern history. President Biden is effectively declaring an end to Nixon\u2019s failed war on cannabis and placing the nation on a trajectory to end prohibition.<\/p>\n \u201cRescheduling will have a broad range of benefits, including signaling to the criminal justice system that cannabis is a lower priority and providing a crucial economic lifeline to the cannabis industry by lifting the 280E tax burden. State licensed cannabis businesses of all shapes and sizes will benefit from this historic reform,\u201d he said. \u201cWe urge the DEA to proceed with rescheduling cannabis with all reasonable speed.\u201d<\/p>\n Marijuana Policy Project (MPP) Director of State Policies Karen O\u2019Keefe<\/strong><\/p>\n \u201cWe are encouraged by the recommendation made by the Dept. of Health and Human Services for a more sensible and realistic scheduling for cannabis,\u201d O\u2019Keefe said. \u201cGiven that over half the US population lives in medical cannabis states and millions of Americans are finding relief with cannabis products, it is long past due for the federal government to acknowledge cannabis\u2019 medical value.\u201d<\/p>\n Today, it was announced that the Dept. of Health and Human Services has formally recommended rescheduling marijuana to a Schedule III drug. Currently, the federal government classifies cannabis as a Schedule I drug (the strictest classification). pic.twitter.com\/73O924Funr<\/a><\/p>\n \u2014 Marijuana Policy Project (@MarijuanaPolicy) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n \u201cUnfortunately, moving cannabis to Schedule III will still leave many of the harms of federal prohibition in place,\u201d she said. \u201cHowever, today\u2019s news is a step in the right direction and will deliver real benefits, including facilitating increased research and reducing burdens on medical cannabis patients and the businesses that serve them.\u201d<\/p>\n Drug Policy Alliance (DPA) and Parabola Center\u2019s Cat Packer<\/strong><\/p>\n \u201cWhile we recognize that a shift to schedule III would be significant in a number of ways,\u201d Packer told Marijuana Moment, noting how the reform would remove research barriers and allow marijuana businesses to \u201cmake normal business deductions.\u201d<\/p>\n However, she said that the rescheduling action \u201cwould fall woefully short of the promises made by President Biden during his 2020 presidential election campaign, especially promises made to Black and Brown communities.\u201d<\/p>\n \u201cIt does not address the underlying criminalization of marijuana, even just for personal use and possession\u2014which President Biden has already acknowledged as a failure that disproportionately impacts Black and Latino communities,\u201d Packer said. \u201cIf the Biden Administration is seriously committed to ending the Country\u2019s failed approach on marijuana and righting the wrongs of marijuana criminalization including addressing the disproportionate impacts of criminalization on Black and Latino communities, Biden should support decriminalization and a new approach to federal cannabis policy that actually promotes fairness and justice.\u201d<\/p>\n National Cannabis Industry Association (NCIA) CEO Aaron Smith<\/strong><\/p>\n \u201cMoving cannabis to schedule III could have some limited benefit but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use,\u201d Smith said. \u201cThe only way to fully resolve the myriad of issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol.\u201d<\/p>\n \u201cMoving cannabis to schedule III could have some limited benefit but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use.” \u2013 NCIA CEO @FAaronSmith<\/a> | https:\/\/t.co\/XFIzdKzaf2<\/a><\/p>\n \u2014 National Cannabis Industry Association (@NCIAorg) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n \u201cThe vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly,\u201d he said. \u201cIt\u2019s long past time for Congress to truly harmonize federal policy with those states.\u201d<\/p>\n National Cannabis Roundtable (NCR) Executive Director Saphira Galoob, Executive Director<\/strong><\/p>\n \u201cFor half a century, cannabis has been inappropriately classified with no real scientific basis to the detriment of patients and those persecuted under the misguided drug war,\u201d Galoob said. \u201cWith the conclusion of the scientific review by HHS, this historic recommendation to lessen federal restrictions on cannabis and affirming that cannabis has medical value is a major win for patients and should help undo decades of misguided drug policy.\u201d<\/p>\n Read our full statement on the historic recommendation by @HHSGov<\/a> to move cannabis to Schedule III \u2014 National Cannabis Roundtable (@FollowNCR) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\n \u201cThis recommendation by HHS is just the first part of the scheduling review process started under the direction of President Biden last fall, so it remains just as urgent and critical for congressional action on SAFE Banking and other cannabis policy reforms on the federal level,\u201d she said, referencing legislation to protect banks that work with state-licensed marijuana businesses from being penalized by federal regulators.<\/p>\n \u201cWe look forward to the DEA and DOJ determination on this recommendation, and hope that those agencies will consider additional aspects of criminal justice reform in their decision, which lay outside the jurisdiction of the FDA and HHS,\u201d Galoob said. \u201cNCR remains committed to working with federal agencies and Congress to move much-needed cannabis reforms forward that protect consumers, address social justice, and promote economic opportunities.\u201d<\/p>\n Minority Cannabis Business Association President Kaliko Castille<\/strong><\/p>\n \u201cMoving cannabis to Schedule III simply re-brands prohibition \u2014 it doesn\u2019t end it. Although this decision would lead to much needed tax relief for some cannabis businesses, it would do nothing to remove criminal penalties that still continue to disproportionately impact minority communities,\u201d Castille said. \u201cWe urge President Biden to make good on his promise to end arrests for marijuana and fully remove cannabis from the CSA. This is the only way to ensure equity, social justice, and economic opportunities in the cannabis industry.\u201d<\/p>\n Smart Approaches To Marijuana (SAM) President Kevin Sabet<\/strong><\/p>\n \u201cWhile under HHS\u2019s recommendation marijuana would remain illegal under federal law, the move flies in the face of science, reeks of politics, and would allow the industry to deduct business, promotional, and other expenses like ads promoting kid-friendly THC flavored gummies and candies by repealing Section 280E of the tax code,\u201d Sabet said.<\/p>\n \u201cThe addiction profiteers who have been exposed for lying about marijuana\u2019s physical, mental and economic impacts, are desperately looking for legitimacy in the wake of mounting evidence their products are harming millions of Americans,\u201d he said. \u201cIt is regrettable that the Department of Health and Human Services move now appears to be a nod to those monied interests.\u201d<\/p>\n \u2014 The news of the HHS recommendation comes two months after Secretary Xavier Becerra told Marijuana Moment that his agency was aiming to wrap up the review by the end of the year<\/a>.<\/p>\n A White House spokesperson told Marijuana Moment on Wednesday that the \u201cadministrative process is an independent process led by HHS and DOJ and guided by the evidence,\u201d so president\u2019s team will not be commenting on the agency\u2019s recommendation at this time.<\/p>\n Politically, moving marijuana from Schedule I to Schedule III would allow the president to say that he\u2019s helped accomplish a major reform, facilitating an administrative review that may result in rescheduling more than 50 years after cannabis was placed in the most restrictive category as the federal government launched a war on drugs.<\/p>\n This could also bolster momentum for congressional efforts to further reform federal cannabis laws. As lawmakers come back from the August recess and continue to try to pass cannabis banking legislation, they will be able to point to the HHS recommendation as evidence of the urgency to normalize the industry.<\/p>\n Of course, advocates\u2019 highest hopes for the HHS review was that it would lead to a descheduling recommendation, where marijuana would be completely removed from the CSA and treated the same as alcohol in the eyes of the government. Some have also voiced concerns that a Schedule III reclassification could negatively impact state markets, with FDA potentially assuming a more hands-on role with respect to cannabis.<\/p>\n Meanwhile, last week,\u00a0Rep. Matt Gaetz (R-FL) pressed DEA Administrator Anne Milgram<\/a>\u00a0to expand on her recent remarks about the origin and timeline of the president\u2019s marijuana scheduling review directive. Specifically, he\u2019s asking for a copy of a letter that Milgram said the president sent to the attorney general and HHS secretary last year directing the review. He also wants an update on whether the administrator asked HHS about the timetable for their work,\u00a0as she told him she\u2019d do during a recent House Judiciary subcommittee hearing<\/a>.<\/p>\n As far as the alleged rescheduling letter from Biden is concerned, an attorney filed a Freedom of Information Act (FOIA) request with HHS in an effort to obtain a copy of the letter. But earlier this month,\u00a0the department said it had \u201cno records\u201d of such a document<\/a>.<\/p>\n Hawaii Psychedelics Task Force Holds First Meeting As Experts Plan For Legalization<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Brian Shamblen<\/a>.<\/em><\/p>\n The post Lawmakers, Governor And Advocates Share Mixed Reactions To Federal Marijuana Rescheduling Recommendation From Top Health Agency<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
News that the top U.S. health agency is formally recommending the moving marijuana from Schedule I to Schedule III under federal law has ignited a firestorm of commentary from top officials, including the governor of Colorado, congressional lawmakers and national advocacy groups. A letter that leaked on Wednesday revealed thatContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":68116,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/68115"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=68115"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/68115\/revisions"}],"predecessor-version":[{"id":68117,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/68115\/revisions\/68117"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/68116"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=68115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=68115"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=68115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Congressional lawmakers<\/h3>\n
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@HHSgov<\/a> has made a historic recommendation to move marijuana to Schedule III under federal law!<\/p>\n![\"👇\"](\"https:\/\/cannabiscultivatornews.com\/home\/wp-content\/uploads\/2023\/08\/1f447.png\")
https:\/\/t.co\/TttczZjYeW<\/a> pic.twitter.com\/RT6SwyOWS3<\/a><\/p>\n\n
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(@RepDwightEvans) August 30, 2023<\/a><\/p>\n<\/blockquote>\n\nState officials<\/h3>\n
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pic.twitter.com\/6qtLEcUtQu<\/a><\/p>\nProhibitionists<\/h3>\n
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\nRead More: Lawmakers, Governor And Advocates Share Mixed Reactions To Federal Marijuana Rescheduling Recommendation From Top Health Agency<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"