The Biden administration\u2019s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that\u2019s expected to elicit a major response from supporters and opponents of cannabis reform alike.<\/p>\n
About a week after President Joe Biden and the Justice Department both confirmed that they are seeking to move cannabis from Schedule I to Schedule III<\/a> of the Controlled Substances Act (CSA), the rule was published in the Federal Register on Tuesday.<\/p>\n That initiates a 60-day public comment period<\/a>, after which point there may be an administrative hearing to receive additional input before the rule is potentially finalized.<\/p>\n Marijuana reform advocates and stakeholders have made clear that they intend to leverage the opportunity, with some planning to support the reclassification while others intend to call for descheduling cannabis altogether. Prohibitionists are expected to oppose the incremental policy change and seek to keep marijuana in Schedule I, and there\u2019s also a looming threat of litigation.<\/p>\n While DOJ will take all public comments submitted by July 22 into consideration as it weighs the reform, it said in the notice that one of the topics its especially interested in hearing about is the \u201cunique economic impacts\u201d of the rescheduling proposal<\/a> given that state-level legalization has created a \u201cmultibillion dollar industry\u201d that stands to benefit from possible federal tax relief under the reform.<\/p>\n DOJ said \u201cmarijuana is subject to a number of State laws that have allowed a multibillion dollar industry to develop,\u201d and the department \u201cacknowledges that there may be large impacts related to Federal taxes and research and development investment for the pharmaceutical industry, among other things.\u201d<\/p>\n More broadly, the Federal Register notice says<\/a> that \u201cDOJ is seeking comment on the practical consequences of rescheduling marijuana into schedule III under the relevant statutory frameworks.\u201d<\/p>\n When Biden announced the administration\u2019s rescheduling action<\/a> last week, he described it as consistent with his belief that nobody should be jailed over cannabis possession. As a statutory matter, that wouldn\u2019t necessarily apply with simple rescheduling because it\u2019d remain federally illegal. But the White House has not publicly commented on the economic impacts of the incremental reform.<\/p>\n On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that\u2019s been legalized in some form in the vast majority of states.<\/p>\n On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who\u2019ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform.<\/p>\n Key cannabis reform groups previewed their comment strategy to Marijuana Moment.<\/p>\n NORML Deputy Director Paul Armentano said his organization \u201cis in a unique position to mobilize interested parties to provide their perspectives throughout the public comment period.\u201d<\/p>\n \u201cIn particular, I think it is important that the voices of both physicians and patients are heard and considered, as the Justice Department clearly weighed the widespread acceptance of medical cannabis among those in the medical community and among those residing in medical use states in making their decision to reclassify,\u201d he said.<\/p>\n \u201cIn addition, NORML will be submitting our own comprehensive comments substantiating the evidentiary record that cannabis possesses accepted medical utility and comparatively low dependence liability,\u201d Armentano said. \u201cWe will also be addressing a number of the issues raised by opponents, as well as the DEA, with respect to cannabis\u2019 impact on public health and making it clear that such concerns do not warrant continuing to classify cannabis as a Schedule I substance.\u201d<\/p>\n \u201cWhile NORML ultimately favors descheduling rather than rescheduling, we also understand that reclassification is associated both symbolic and tangible benefits to the cannabis community, both in the short-term and in the long-term,\u201d he said.<\/p>\n Cat Packer, director of drug markets and legal regulation at the Drug Policy Alliance, told Marijuana Moment that \u201cit\u2019s critically important that individuals and communities adversely and disproportionately impacted by cannabis criminalization and those that support federal marijuana decriminalization, make their voices heard in the public comment process.\u201d<\/p>\n \u201cWhile rescheduling would continue federal marijuana criminalization, this public comment period provides an unprecedented opportunity for the public to demonstrate to federal leaders that rescheduling is not enough and to reiterate the public\u2019s support for reforms beyond rescheduling, including legalization,\u201d she said.<\/p>\n \u201cEven cannabis industry participants, who would benefit from Schedule III\u2019s tax relief, have an opportunity to leverage this public comment process to bring attention to the harms of federal criminalization, those impacted and to advocate for reforms that would acknowledge, end and address the harms of criminalization and shift the federal government towards a federal framework that better promotes public health, public safety, equity and the will of the American people,\u201d Packer said.<\/p>\n Organizations that represent the interests of the marijuana industry are also planning to make their voices heard in the comment process.<\/p>\n David Culver, senior vice president of public affairs, for the U.S. Cannabis Council, told Marijuana Moment that the group will be submitting a comment on the proposed rule \u201cshortly.\u201d<\/p>\n \u201cWe plan to survey the far-reaching benefits of moving cannabis to Schedule III and highlight the rigor behind the scientific and legal analyses underpinning the shift,\u201d he said. \u201cAnd we\u2019ll take the opportunity to thank President Biden and his administration for implementing the most significant cannabis reform in American history.\u201d<\/p>\n Adam Goers, Coalition for Cannabis Scheduling Reform, said that the rescheduling proposal \u201cis built upon a foundation of unassailable scientific evidence,\u201d adding that his organization will \u201cuse the public comment period to expand upon the overwhelming scientific case for Schedule III.\u201d<\/p>\n Prohibitionist organization Smart Approaches to Marijuana (SAM) told its supporters in a recent email blast that it is \u201cworking with an esteemed law firm specializing in administrative law to craft the strongest challenge possible.\u201d<\/p>\n \u201cTogether, we are working on our comment and content strategy which we will then ask you to help us with,\u201d the group said. \u201cThis is a long game and we will have one shot to present our best arguments. It is better to put forth the strongest possible comment than to submit something quickly, so we do not anticipate having final guidance for you by Tuesday. But we are working overtime to equip you as soon as possible and hope to have it soon after the 60-day period begins.\u201d<\/p>\n SAM previously launched a fundraising effort in support of its plans to challenge the cannabis rescheduling move<\/a>, including through potential litigation.<\/p>\n DEA Administrator Anne Milgram has acknowledged the possibility of an administrative hearing to gain further input<\/a> on the decision before its finalized. Requests that a public hearing be held must be submitted by June 20.<\/p>\n The Congressional Research Service (CRS) has also\u00a0weighed in on the rescheduling development, saying in a report<\/a>\u00a0that while it was \u201clikely\u201d that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that\u00a0Congress still has the authority to address the federal-state cannabis policy gap \u201cbefore or after\u201d that reform is enacted.<\/p>\n To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have\u00a0reintroduced legislation to federally legalize cannabis<\/a>\u00a0and impose certain regulations. The bill\u2019s prospects are dubious in the current divided Congress, however.<\/p>\n Meanwhile, the top Democrat in the U.S. House said that the Biden administration\u2019s move to reschedule marijuana is a \u201cstep in the right direction,\u201d but it should be\u00a0followed up with congressional action such as passing the legalization bill<\/a>\u00a0Schumer filed.<\/p>\n In a recent interview with Fox News, former\u00a0DEA Administrator Asa Hutchinson said it \u201cabsolutely looks like\u201d the agency will follow through<\/a>\u00a0with moving marijuana from Schedule I to Schedule III under the CSA.<\/p>\n Biden has separately issued two rounds of mass pardons for people who\u2019ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis.<\/p>\n It should also be noted that, during his run for the presidency,\u00a0Biden pledged to move cannabis to Schedule II<\/a>\u2014a stricter category compared to what\u2019s been proposed by his administration.<\/p>\n Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana Companies And Justice Department This Week<\/a><\/p>\n<\/blockquote>\n\n The post Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
The Biden administration\u2019s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that\u2019s expected to elicit a major response from supporters and opponents of cannabis reform alike. About a week after President Joe Biden and the Justice Department both confirmed that they areContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"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\/75487"}],"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=75487"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75487\/revisions"}],"predecessor-version":[{"id":75488,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/75487\/revisions\/75488"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=75487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=75487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=75487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"