Leading Democratic senators call for marijuana to be ‘entirely’ descheduled

Marijuana should be removed from the Controlled Substances Act altogether, not just moved to a lower, lesser-policed classification, leading Democratic senators told federal law enforcement authorities in a letter.

“Cannabis should be entirely de-scheduled,” seven senators wrote, in part, in their Aug. 2 letter to U.S. Attorney General Merrick Garland and Drug Enforcement Administration chief Anne Milgram.

Nonetheless, the senators also asked Garland and Milgram to sign off on moving cannabis from Schedule 1 to Schedule 3 of the Controlled Substances Act (CSA).

‘Address flaws in marijuana policy’

“Yet, we recognize and appreciate DEA’s effort to address the flaws in our current marijuana policy by using its authority under the CSA and following the scientific and medical evidence to reschedule marijuana as a Schedule III drug,” the letter continues.

“We urge DEA to finalize the rule.”

That process, which President Joe Biden launched in October 2022 with an executive order that called the current status quo a “failed policy,” is ongoing.

The senators’ statement echoes demands from many cannabis advocates, who say that the Biden administration’s revolutionary marijuana rescheduling process still does not go far enough.

Along with Democratic Senate Majority Leader Chuck Schumer – who has advocated for marijuana reform, including legalization, but has come under fire for not calling marijuana banking reform for a full Senate vote despite shaky Republican support – the letter’s signatories from the Senate are:

• Cory Booker, D-NJ
• Ron Wyden, D-OR
• Tina Smith, D-MN
• Ben Ray Lujan, D-NM
• Patty Murray, D-WA
• Kirsten Gillibrand, D-NY

All are Democrats from states that have legalized recreational cannabis, although, in Minnesota, only Native American tribes have launched adult-use sales.

Next steps for reclassification

They’re also familiar names to reform advocates, having co-sponsored or led efforts to pass banking reform as well as full legalization.

A public comment period ended July 22 for the DEA’s proposed rescheduling, which would unlock tax benefits for marijuana businesses.

Marijuana rescheduling triggered record engagement with the public, which is overwhelmingly in support of the change.

However, Republicans in the House of Representatives have signaled their opposition by attaching language that would block rescheduling to budget bills.

It’s not yet known when authorities will publish a final rule or when marijuana rescheduling might take effect.

Rescheduling key for research

Separately, the Department of Health and Human Services last week released a long-awaited report on why efforts to study marijuana are still stymied.

One issue is that researchers don’t have practical access to the marijuana sold in most adult-use stores and MMJ dispensaries, as the DEA only in recent years began issuing licenses to grow cannabis for research beyond what was happening at a government-run farm in Mississippi.

The chief obstacle, according to U.S. Rep. Earl Blumenauer, is marijuana’s Schedule 1 status.

“This report validates what we have known for years: reclassifying cannabis is paramount to effectively researching it,” the retiring Oregon Democrat said in a Friday statement.

“I welcome these long overdue but anticipated findings as a signal that the federal government may soon be a constructive partner in the path forward.”