Democratic Governors Urge President Biden to Expedite Cannabis Rescheduling by DEA

LOS ANGELES- A coalition of Democratic governors from six states has formally requested President Joe Biden to ensure the Drug Enforcement Administration (DEA) reclassifies cannabis before the end of 2023. The group’s call to action, detailed in a letter sent on December 5, reflects a growing urgency for federal alignment with evolving state-level cannabis policies.

The governors, including Jared Polis of Colorado, JB Pritzker of Illinois, John Bel Edwards of Louisiana, Wes Moore of Maryland, Phil Murphy of New Jersey, and Kathy Hochul of New York, applauded President Biden’s October 2022 directive. This directive ordered U.S. Secretary of Health and Human Services (HHS) Xavier Becerra and Attorney General Merrick Garland to commence the administrative process for reviewing cannabis’s federal scheduling.

Cannabis Business Times reported in August 2023 that Rachel Levine, the HHS Assistant Secretary for Health, recommended to DEA Administrator Anne Milgram the reclassification of cannabis under the Controlled Substances Act. While Bloomberg indicated a potential Schedule III listing, the specifics of this recommendation were redacted in the letter obtained by CBT.

The governors’ correspondence emphasizes the importance of the DEA acting promptly on the HHS recommendation. They argue that such a move is aligned with public opinion, as 88% of Americans support legalization for medical or recreational purposes. Rescheduling cannabis, they note, would ensure a safe, regulated product that Americans can trust.

This initiative is supported by the FDA’s thorough medical and scientific analysis of cannabis, considering eight factors before proposing a control status to the DEA. The governors underscored this step as a testament to the success of state cannabis markets and regulatory systems, some of which have been in operation for over a decade.

The letter also highlights the fiscal benefits of regulated cannabis programs in states, including contributions to education and law enforcement funding. A reclassification to Schedule III would further enhance these economic advantages by lifting restrictions on Section 280E of the Internal Revenue Code, allowing cannabis-related businesses to claim ordinary tax deductions.

Moreover, the governors argue that rescheduling cannabis is crucial for public health, offering a safer alternative to opioids, which are linked to approximately 80,000 overdose deaths annually in the U.S., according to the Centers for Disease Control and Prevention. In contrast, no deaths were attributed to cannabis overdoses last year, as per the DEA.

The governors contend that rescheduling will enhance regulation and oversight of cannabis use, reduce the consumption of unregulated and potentially dangerous products, and protect children from inadvertently consuming products resembling well-known candy brands.

In conclusion, the governors stressed that consumer demand for cannabis will persist, regardless of policy choices at the state and federal levels. They advocate for a regulated marketplace to ensure the safety of adult consumers and protect children, emphasizing their collective duty to safeguard communities, children, and the nation.