Rescheduling is a half-measure; the DEA must deschedule marijuana

The DEA must deschedule marijuana 

Dear Sir, 

The Biden Administration’s recent move to reconsider marijuana’s status as a Schedule I controlled substance under the Controlled Substances Act (CSA) is a step in the right direction, but it falls woefully short of what is needed. Rescheduling marijuana to Schedule III is not enough. Instead, it is time to end the failed policy of criminalization and completely remove marijuana from the CSA’s drug schedules. 

Given the Biden Administration’s acknowledgment of the racially discriminatory enforcement of marijuana laws, any policy development that ignores these considerations is unjustifiable. President Biden has repeatedly promised to decriminalize marijuana. The DEA should not undermine this commitment by finalizing the proposed rule to reschedule marijuana under the CSA. It is imperative for the Biden Administration to fulfill this promise by taking decisive action to end and repair the harms of federal marijuana criminalization. 

The only way to truly end federal marijuana criminalization and its associated harms is to completely deschedule marijuana from the CSA. A new federal marijuana policy should prioritize public health and equity. It should aim to end unjust criminal consequences, restore rights and opportunities for those affected by marijuana criminalization, and ensure a diverse marketplace that protects small businesses and equity programs from large corporate monopolies. 

The current proposal to reschedule marijuana fails to address the core issues of federal marijuana criminalization. Rescheduling will not stop federal arrests for possession and use, nor will it free those imprisoned for marijuana-related offenses. It will not expunge previous marijuana arrests, end deportations, or remove immigration consequences stemming from marijuana activity. Moreover, it will not restore access to government benefits lost due to marijuana-related activities or bring state marijuana programs into compliance with federal law. 

 

Even for the marijuana industry, rescheduling to Schedule III is inadequate. While it would eliminate certain federal tax penalties for state-regulated marijuana businesses, it would not provide them with legal access to essential business services, nor is it likely to result in significant wage increases for workers or lower prices for patients and consumers. More importantly, rescheduling would continue the criminalization of personal possession, cultivation, use, and participation in state-legal marijuana businesses. 

The process of evaluating marijuana’s status under the CSA is also deeply flawed. The administrative review conducted by the FDA and DEA is limited in scope and fails to consider the racist origins and impacts of marijuana prohibition. These policies have had devastating social, economic, and public health consequences, particularly for Black and Latino communities, which continue to suffer from mass incarceration, inaccessible public housing, and denial of food assistance programs. 

Furthermore, the U.S. has played a significant role in enforcing marijuana prohibition globally, with devastating consequences. With changing domestic realities, the U.S. has a responsibility to repair the damage caused by prohibitionist policies and support systemic changes internationally. Active diplomacy at the United Nations and other international forums is essential to challenge the outdated global drug control regime.  

Rescheduling marijuana is a half-measure that fails to address the root problems. To achieve meaningful reform, the DEA must issue a new rule to deschedule marijuana from the CSA entirely. 

As often heard in circles of those recovered from needless suffering, “Half measures avail us nothing.” 

Thank you. 

 

Michael Brennan 

Member, Board of Directors 

Coalition for Medical Marijuana—New Jersey, Inc. 

219 Woodside Ave Trenton, NJ 08618 United States