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MARIJUANA MOMENT

COLORADO GOVERNOR SAYS MARIJUANA PROHIBITION CREATED A ‘CHICKEN AND THE EGG’
RESEARCH DILEMMA THAT’S BLOCKED FEDERAL REFORM


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POLITICS


COLORADO GOVERNOR SAYS MARIJUANA PROHIBITION CREATED A ‘CHICKEN AND THE EGG’
RESEARCH DILEMMA THAT’S BLOCKED FEDERAL REFORM

Published

3 hours ago

on

December 8, 2023

By

Kyle Jaeger

The governor of Colorado says that while marijuana reform is “not really a
partisan issue” anymore, there are still “stodgy nanny state Republicans who
want to control it.” Meanwhile, he says, ongoing prohibition has inhibited
research into the science of cannabis that’s kept it strictly criminalized at
the federal level.

Gov. Jared Polis (D) is hoping that will change sooner rather than later. He and
the governors of five other states sent a letter to President Joe Biden this
week, urging officials to reschedule marijuana under the Controlled Substances
Act (CSA) by the end of the year.

In an interview that aired on Fox News Radio’s “The Guy Benson Show” on
Thursday, Polis said he would’ve liked to see a federal policy change five or 10
years ago as states such as Colorado enacted adult-use legalization, but he
theorized that prohibition itself created a “chicken and the egg” situation that
has effectively stymied reform by making it harder to conduct research on the
effects of cannabis, a stalemate that has been reinforced by congressional
politics.



The administrative marijuana scheduling review that Biden directed last year
could help break that policy logjam, he said. The U.S. Department of Health and
Human Services (HHS) has already determined that cannabis should be moved from
Schedule I t0 Schedule III, and now it’s up to the Drug Enforcement
Administration (DEA) to make a final determination.

https://static.foxnews.com/radio.foxnews.com/content/uploads/2023/12/gov-polis.mp3

“I don’t know!” Polis exclaimed when asked why it’s taken so long to get to this
point. “I think it should’ve been done five to 10 years ago.”

“Now, part of the problem is, while marijuana was illegal, it’s been hard to
have the research that was needed to be able to make the case based on data,” he
said. “But now there’s a sufficient body of research to do this. I mean, I don’t
think it even goes too far out on a limb. There’s plenty of background.”



“The only legitimate reason” for the delay  is that “it took a while for the
research to catch up with the reality, because of the chicken and the egg,” the
governor said. “I mean, you couldn’t you couldn’t get academic-funded research
because they couldn’t touch the stuff. So I think we’re getting through that and
there’s enough data there to support this reclassification.”

To that end, HHS did release a trove of documents this week related to the
scientific review it carried out before making its marijuana rescheduling
recommendation. While the material is largely redacted, it speaks to the
availability of existing research the agency was able to assess that support the
therapeutic potential of cannabis.

Moving cannabis to Schedule III wouldn’t federally legalize it, of course. But
Polis pointed out that the modest reform would help normalize tax policy for
state-legal businesses—for example, allowing them to take federal deductions so
they’re not forced to pay effective tax rates reaching 80 percent.

Meanwhile, even though the vast majority of states have legalized marijuana at
some level, with growing bipartisan support, the governor said partisan politics
in Congress has also played a certain role in perpetuating prohibition.







“I mean, there are absolutely libertarian-minded Republican members of Congress
that fully support this—but there are also kind of stodgy, nanny state
Republicans who want to control,” he said. “Democrats are generally more
pro-legalization—there’s absolutely some that are not—but it’s not really a
partisan issue.”

“At the end of the day, this should be a matter of personal responsibility and
decision-making. That’s what Colorado has chosen,” he added. “We’re just saying,
let the federal government respect federalism. Every state doesn’t have to
choose to do it, but for those who do, get the federal government out of the
way.”

He also argued that, regardless of federal research limitations, it’s well
established at this point that marijuana “absolutely has its role” as a
therapeutic, meaning it should not be classified as Schedule I, a category
reserved for drugs with no known medical value and a high abuse potential.

“Even opioids have a therapeutic use under prescription,” Polis said.
“Obviously, marijuana is not nearly as dangerous or addictive as opioids. So
it’s simply a recognition of the scientific facts coming out of [HHS]. That’s
the recommendation, but the DEA needs to act.”



In September, Polis also applauded the president after HHS made its cannabis
rescheduling recommendation—though he emphasized that the initial move must be
followed with more action to address cannabis banking, immigration, criminal
justice reform and federal enforcement concerns.

That should include developing Food and Drug Administration (FDA) guidance
clarifying that it will not interfere in state-legal marijuana activities, he
said.

Meanwhile, Polis has also called on lawmakers to take steps to allow him to
issue mass pardons for people with prior psychedelics convictions after he
signed legislation to implement regulations for substances like psilocybin and
ayahuasca in May.

The governor also signed a bill into law in June that allows online marijuana
sales. That reform went into effect in August.

He also recently approved legislation that will bolster marijuana-related
protections for working professionals in the state—effectively codifying an
executive order he issued last year.

> Medical Marijuana Growers And Caregivers Can Own Guns, But Patients Can’t, FBI
> Says In Little-Noticed Memo





Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
Related Topics:featured

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Kyle Jaeger


Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.



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