Amid a stalled marijuana rescheduling process that\u2019s carried over from the last presidential administration, congressional researchers are reiterating that lawmakers could enact the reform themselves with \u201cgreater speed and flexibility\u201d if they so choose, while potentially avoiding judicial challenges.<\/p>\n
In an \u201cIn Focus\u201d brief published by the Congressional Research Service (CRS) last week, analysts provided an overview of the different mechanisms through which scheduling actions can be implemented, noting the limitations of the process that the Biden administration initiated\u2014and that the Trump administration has since inherited\u2014to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).<\/p>\n
\u201cThere are two ways in which substances can be scheduled under the CSA: Congress can schedule substances by enacting legislation, or the Attorney General (in conjunction with the U.S. Department of Health and Human Services, or HHS) can schedule substances via an administrative process laid out in the CSA,\u201d CRS said.<\/p>\n
For this report, which is an update to an earlier analysis CRS put out last year<\/a>, researchers detailed various instances where Congress has stepped in and made a scheduling decision\u2014such as the federal legalization of hemp under the 2018 Farm Bill.<\/p>\n \u201cCongress placed numerous substances in Schedules I through V when it enacted the CSA in 1970,\u201d it says. \u201cSince the CSA\u2019s enactment, most subsequent scheduling changes have been made by DEA via the rulemaking process, but Congress has at times enacted legislation to schedule controlled substances or change the status of existing controlled substances.\u201d<\/p>\n \u201cThere are several reasons why Congress might decide to schedule or reschedule substances via legislation,\u201d it says. \u201cFor instance, compared to administrative scheduling, legislative scheduling may offer greater speed and flexibility.\u201d<\/p>\n \u201cAdministrative scheduling under the CSA proceeds via formal rulemaking, which generally takes months or years to complete. In making scheduling decisions, DEA is required by statute to make certain findings with respect to each substance\u2019s potential for abuse and accepted medical use,\u201d it continues. \u201cDEA scheduling orders (other than temporary scheduling orders) are subject to judicial review, including consideration of whether the agency properly applied the relevant statutory standards.\u201d<\/p>\n To that point, it did take 11 months for HHS under the Biden administration to complete its review into cannabis and make an initial rescheduling recommendation. DEA then completed a separate review before the Justice Department formally proposed moving marijuana to Schedule III\u2014but even then, there have been months of delay in the administrative hearing process to potentially finalize the rule.<\/p>\n Congress, on the other hand, could reschedule or deschedule marijuana more quickly and with a lower threat of a judicial challenge, CRS said<\/a>.<\/p>\n \u201cCongress is not bound by the CSA\u2019s substantive or procedural requirements,\u201d the report says. \u201cThis means that it can schedule a substance immediately, regardless of whether the substance meets the statutory criteria. While scheduling legislation may also be challenged in court, the scope of judicial review of legislation is typically more limited than judicial review of regulations.\u201d<\/p>\n It also says legislative action \u201cmay be the only way to permanently schedule large classes of substances\u201d such as fentanyl-related substances, given the intensive statutory requirements imposed on DEA under the CSA.<\/p>\n \u201cRelatedly, the CSA provides DEA with limited options for regulating controlled substances,\u201d CRS said. \u201cThe CSA established Schedules I-V, with each schedule carrying a defined set of regulatory controls and penalties for unauthorized activities. If DEA decides to control a substance under the CSA, it must place the substance in one of the existing schedules.\u201d<\/p>\n \u201cThe agency has asserted some authority to tailor controls to specific substances, but it cannot create new schedules or implement regulations or exceptions from control that are not authorized under the CSA. If Congress wishes to regulate a controlled substance in a way that does not fit within the existing CSA framework, or allow DEA to do so, it must enact legislation.\u201d<\/p>\n Additionally, the report notes that while DEA is bound to consider certain international treaty obligations when it comes to drug scheduling, those same commitments \u201cdo not prevent Congress from exercising its constitutional authority to enact new laws, even when doing so might cause the United States to violate its treaty obligations.\u201d<\/p>\n Meanwhile, last month a Senate committee advanced the confirmation of Terrance Cole to become the administrator of DEA amid the ongoing review of a marijuana rescheduling proposal that he\u2019s refused to commit to enacting<\/a>.<\/p>\n Cole\u2014who has\u00a0previously voiced concerns about the dangers of marijuana<\/a>\u00a0and linked its use to higher suicide risk among youth\u2014said he would \u201cgive the matter careful consideration after consulting with appropriate personnel within the Drug Enforcement Administration, familiarizing myself with the current status of the regulatory process, and reviewing all relevant information.\u201d<\/p>\n However, during an in-person hearing before the Judiciary Committee in April, he said examining the rescheduling proposal will be \u201cone of my first priorities\u201d<\/a>\u00a0if he was confirmed for the role, saying it\u2019s \u201ctime to move forward\u201d on the stalled process\u2014but again without clarifying what end result he would like to see.<\/p>\n \u201cI\u2019m not familiar exactly where we are, but I know the process has been delayed numerous times\u2014and it\u2019s time to move forward,\u201d he said at the time. \u201cI need to understand more where [agencies] are and look at the science behind it and listen to the experts and really understand where they are in the process.\u201d<\/p>\n Cole also said he feels it\u2019s appropriate to form a \u201cworking group\u201d to look at the federal-state marijuana law disconnect in order to \u201cstay ahead of it.\u201d<\/p>\n DEA recently\u00a0notified an agency judge that the proceedings are still on hold<\/a>\u2014with no future actions currently scheduled. The matter sat without action before an acting administrator, Derek Maltz, who has\u00a0called cannabis a \u201cgateway drug\u201d and linked its use to psychosis<\/a>. Maltz has since left the position.<\/p>\n Most Marijuana Consumers Oppose Trump\u2019s Cannabis Actions So Far, But Rescheduling Or Legalization Could Bolster Support, Poll Shows<\/a><\/p>\n<\/blockquote>\n\n Photo courtesy of Chris Wallis \/\/ Side Pocket Images.<\/em><\/p>\n The post Lawmakers Could Reschedule Marijuana With \u2018Greater Speed And Flexibility\u2019 Than Administration Officials, Congressional Researchers Say<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
Amid a stalled marijuana rescheduling process that\u2019s carried over from the last presidential administration, congressional researchers are reiterating that lawmakers could enact the reform themselves with \u201cgreater speed and flexibility\u201d if they so choose, while potentially avoiding judicial challenges. In an \u201cIn Focus\u201d brief published by the Congressional Research ServiceContinue 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\/81751"}],"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=81751"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81751\/revisions"}],"predecessor-version":[{"id":81752,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/81751\/revisions\/81752"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=81751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=81751"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=81751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Lawmakers Could Reschedule Marijuana With \u2018Greater Speed And Flexibility\u2019 Than Administration Officials, Congressional Researchers Say<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"