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MARIJUANA MOMENT
MARIJUANA ADVOCATES PLAN ‘LARGEST BIPARTISAN’ PUSH FOR FEDERAL REFORM AT
PRE-4/20 EVENT IN D.C. AS RESCHEDULING DECISION LOOMS
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* Washington Lawmakers Hear Multiple Marijuana Bills, Including On Home
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$100 Million In Cannabis Purchases In 2023
* Maryland Saw Marijuana Market Spike In December, Setting New Monthly
Record To Cap Off $787.5 Million In 2023 Sales
* Illinois Marijuana Retailers Sold $2 Billion Worth Of Legal Products In
2023, Including A New Monthly Record In December
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First Year, With Another New Monthly Record To End 2023
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Marijuana, Governor Boasts In State Of The State Speech
* Newsletter
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* Limitations of Schedule III cannabis move detailed (Newsletter: January
17, 2024)
* Health officials & DEA in touch about cannabis rescheduling (Newsletter:
January 16, 2024)
* Federal cannabis rescheduling docs released (Newsletter: January 15, 2024)
* Fed cannabis rescheduling docs to be released (Newsletter: January 12,
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POLITICS
MARIJUANA ADVOCATES PLAN ‘LARGEST BIPARTISAN’ PUSH FOR FEDERAL REFORM AT
PRE-4/20 EVENT IN D.C. AS RESCHEDULING DECISION LOOMS
Published
6 hours ago
on
January 18, 2024
By
Kyle Jaeger
A leading cannabis group is planning to mobilize the “largest bi-partisan
coalition of cannabis advocacy, industry, and grassroots organizations” that
will convene in Washington, D.C. to push for federal reform just ahead of the
marijuana holiday 4/20 this year.
Organized by the Last Prisoner Project (LPP), the meeting will feature an
ideologically diverse collection of advocates and stakeholders to promote
legalization centered in equity, the organization said in a press release on
Thursday.
LPP has also released a new memo that’s meant to help guide advocates on how to
“leverage” a potential federal cannabis rescheduling decision to fight for more
comprehensive reform at the administrative and congressional levels.
Study finds cannabis increases productivity when working out
Study finds cannabis increases productivity when working out
Research study suggests cannabis use before physical activity could have
positive effects. FOX 5 NY's Kendall Green explains
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The limitations of simple rescheduling were detailed in a Congressional Research
Service (CRS) report that was released on Tuesday, explaining how state cannabis
markets would continue to run afoul of federal law and certain criminal
penalties for marijuana-related activity would remain in force, for example.
For the April 18 event, representatives of multiple national marijuana
organizations and trade associations are already set to participate. Those
include the Drug Policy Alliance (DPA), Minority Cannabis Business Association
(MCBA), National Cannabis Industry Association (NCIA), NORML, Parabola Center,
Reason Foundation, Students for Sensible Drug Policy (SSDP) and more.
“We are thrilled to participate in this day of action to underscore the urgency
of marijuana justice,” Maritza Perez Medina, director of federal affairs at DPA,
said. “At this critical juncture for federal marijuana reform, our communities
will not be sidelined.”
MCBA President Kaliko Castille said the organization “is proud to support this
day of action because it’s clear that Congress needs to be reminded during this
critical election year that ending prohibition has the broad support of the
American public.”
“Congress is the only governing body that can truly end this national nightmare
of locking humans in cages simply for possessing or growing a plant. Our
communities can’t afford to wait any longer,” he said.
The LPP memo, meanwhile, lays out various avenues for equity-focused cannabis
reform that could build upon any scheduling change, such as pushing for
standalone congressional legislation to facilitate expungements and urging the
Biden administration to expand the scope of the president’s mass pardons for
cannabis possession offenses by commuting the sentences of people currently
serving time for federal marijuana-related convictions.
It also notes that rescheduling could embolden the Justice Department to issue
updated guidance on prosecutorial discretion for federal marijuana cases. And it
says state officials could additionally leverage existing administrative
mechanisms to provide for retroactive relief for past cannabis offenses, which
could also be incentivized with a federal rescheduling action.
“We need an all hands on deck approach to ending the unjust war on our
community, which means leveraging incremental wins as we build toward bigger,
bolder reforms,” LPP Executive Director Sarah Gersten, who authored the new
memo, said. “While rescheduling alone will not offer retroactive relief, it
would be a historic shift in policy, and we must be ready to push open the door
of reform when it happens. We have outlined several ways the administration can
achieve real relief and add substance to the President’s mostly symbolic reforms
so far.”
Geoffrey Lawrence, research director at the Reason Foundation who recently
coauthored an op-ed for Marijuana Moment on the shortcomings of existing state
social equity programs, said rescheduling cannabis “might sound like a good
idea, but it’s fraught with danger”
“A Schedule III designation would continue to criminalize the manufacture,
distribution, or possession of marijuana at the federal level for any products
that haven’t received pre-market approval from the FDA,” he said.
“Substantively, that means the change would imply no relief from criminal law
for existing consumers or licensees, while any new exercise of regulatory
authority by the FDA could imperil existing state-regulated markets.”
“All the progress advocates have made over past decades could be erased,” he
added. “Full descheduling is the only approach that should be considered for
marijuana.”
Meanwhile, the U.S. Department of Health and Human Services
(HHS) finally released its full Schedule III recommendation and scientific
findings it shared with DEA last week, and HHS Secretary Xavier Becerra said his
agency has “communicated” their “position” on marijuana rescheduling to DEA and
has continued to offer additional information to assist with the final
determination.
DEA has steadfastly maintained it has “final authority” over the matter and can
make any scheduling determination that it sees fit, however.
“DEA has the final authority to schedule, reschedule, or deschedule a drug under
the Controlled Substances Act, after considering the relevant statutory and
regulatory criteria and HHS’s scientific and medical evaluation,” the agency
said in a letter to lawmakers last month. “DEA is now conducting its review.”
The statement came in response to an earlier letter from 31 bipartisan
lawmakers, led by Rep. Earl Blumenauer (D-OR), that urged the agency to consider
the “merits” of legalization as it carried out its review.
DEA has faced pressure on both sides of the marijuana policy debate over recent
months, with advocates pressing for a Schedule III decision, or complete
descheduling, and prohibitionists urging the agency to keep cannabis in Schedule
I.
Prior to the HHS documents’ release, a coalition of 12 Democratic state
attorneys general implored DEA to move forward with federal marijuana
rescheduling, calling the policy change a “public safety imperative.”
In another letter last month, 29 former U.S. attorneys called on the Biden
administration to leave cannabis in Schedule I.
Last month, the governors of six U.S. states—Colorado, Illinois, New York, New
Jersey, Maryland and Louisiana—sent a letter to Biden calling on the
administration to reschedule marijuana by the end of last year.
Meanwhile, six former DEA heads and five former White House drug czars sent a
letter to the attorney general and current DEA administrator voicing opposition
to the top federal health agency’s recommendation to reschedule marijuana. They
also made a questionable claim about the relationship between drug schedules and
criminal penalties in a way that could exaggerate the potential impact of the
incremental reform.
Signatories include DEA and Office of National Drug Control Policy heads under
multiple administrations led by presidents of both major parties.
In October, Advocates and lawmakers who support cannabis reform marked the
one-year anniversary of Biden’s mass marijuana pardon and scheduling directive
this month by calling on him to do more—including by expanding the scope of
relief that his pardon had and by expressly supporting federal legalization.
Two GOP senators, including the lead Republican sponsor of a marijuana banking
bill that cleared a key committee in September, also filed legislation late last
year to prevent federal agencies from rescheduling cannabis without tacit
approval from Congress.
A coalition of 14 Republican congressional lawmakers, meanwhile, has urged DEA
to “reject” the top federal health agency’s recommendation to reschedule
marijuana and instead keep it in the most restrictive category under the CSA.
> Marijuana Study Comparing U.S. And Canada Finds Broad Legalization Support And
> Similar Use Rates Despite Differing National Policies
Photo courtesy of Chris Wallis // Side Pocket Images.
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.
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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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