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As Biden Plans to Reschedule Marijuana, Advocates Say 'Fully Legalize' It
Sen. Cory Booker urged fellow lawmakers to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
Apr 30, 2024
U.S. marijuana legalization advocates greeted Tuesday's news that the Drug Enforcement Administration is proposing rescheduling cannabis to a less restrictive class by calling on President Joe Biden to fully deschedule the plant, which is approved for recreational or medicinal use in the vast majority of states.
The Associated Press reported the DEA is proposing rescheduling marijuana from Schedule I—which includes heroin, MDMA, and LSD—to Schedule III, a far less restrictive class that includes ketamine, anabolic steroids, testosterone, and over-the-counter products containing less than 90 milligrams of codeine per dose. According to the DEA, Schedule I drugs have "no currently accepted medical use and a high potential for abuse."
While it would not legalize cannabis for recreational use, the DEA proposal—which is subject to review by the White House Office of Management and Budget—would affirm medicinal marijuana and recognize that the plant has a lower potential for abuse than other widely used recreational drugs.
The Drug Policy Alliance (DPA)—which works to end the failed 53-year War on Drugs—warned that "under this proposed shift, marijuana criminalization would continue at the federal level and most penalties, including those for simple possession, would continue as long as marijuana remains anywhere on the Controlled Substances Act (CSA)."
While running for president in 2020, Biden repeatedly vowed to decriminalize marijuana and expunge the criminal records of people convicted of cannabis possession. In 2022 the president issued a "full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents" convicted of simple federal marijuana possession—a move that affected thousands of people but excluded those who are in the United States without authorization.
The following year, Health and Human Services (HHS) Secretary Xavier Becerra confirmed that his department would recommend rescheduling cannabis to Schedule III.
Sen. Cory Booker (D-N.J.) on Tuesday urged Congress to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
"Thousands of people remain in prisons around the country for marijuana-related crimes. Thousands of people continue to bear the devastating collateral consequences that come with a criminal record," the senator continued. "Legal marijuana businesses, especially those in communities hardest hit by the War on Drugs, still have to navigate a convoluted patchwork of state laws and regulatory schemes."
"I hope that my colleagues on both sides of the aisle, especially those who represent constituents benefiting from medical or adult-use programs, join me to pass federal legislation to fix these problems," Booker added.
Senate Majority Leader Chuck Schumer (D-N.Y.) said that "it is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear."
"While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act," he added.
Booker and Schumer were among the 21 senators who last week sent a letter to U.S. Attorney General Merrick Garland and DEA Administrator Anne Milgram noting that it's been 18 months since Biden ordered HHS October to review cannabis scheduling and eight months since the agency's rescheduling recommendation.
"While we understand that the DEA may be navigating internal disagreement on this matter, it is critical that the agency swiftly correct marijuana's misguided placement in Schedule I," the letter states.
Legalization advocates, meanwhile, pushed the Biden administration to go much further, as 24 states plus the District of Columbia have approved adult-use recreational marijuana and 38 states have legalized medicinal cannabis.
"Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling," DPA director of drug markets and legal regulation Cat Packer said in a statement. "We all deserve a federal framework for marijuana that upholds the health, well-being, and safety of our communities—particularly Black communities who have borne the brunt of our country's racist enforcement of marijuana laws."
"Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won't address the disproportionate impact that it has had on Black and Brown communities," Packer added.
Dasheeda Dawson, chair of the Cannabis Regulators of Color Coalition and founder of Cannabis NYC, said: "The time for descheduling cannabis is not just a matter of policy; it's an imperative for justice and equity. Rescheduling would undermine the hard-fought progress made by cannabis equity and policy reform leaders like the Cannabis Regulators of Color Coalition, jeopardizing the livelihoods and futures of those entrepreneurs and communities disproportionately affected by past criminalization."
"We cannot afford to backtrack on our commitment to repair the harm inflicted by outdated policies," Dawson added. "Descheduling is not just about legality; it's about rectifying historic injustices and ensuring a fair and inclusive future for all."
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US Voter Support for Legal Marijuana Hits All-Time High as Ohio Approves Recreational Use
"As more states have adopted legalization, public support for this policy has risen dramatically," said one campaigner. "Voters prefer legalization and regulation over the failed policy of marijuana prohibition."
Nov 08, 2023
A record 7 in 10 voting-age Americans think marijuana should be legal, according to Gallup polling published Wednesday, a day after voters in Ohio made it the 24th state to legalize adult recreational use of the plant.
After holding steady at 68% for three straight years, Gallup found that support for legalization rose to 70%, with 29% of respondents saying cannabis should not be legal and 1% undecided. That's a 12% increase in support from 2013 levels and a 36% rise from 2003. In 1969, when Gallup first asked Americans if marijuana should be legal, only 12% said "yes."
"There's no 'buyer's remorse' among the public when it comes to legalizing cannabis," Paul Armentano, deputy director at the National Organization for the Reform of Marijuana Laws (NORML), said in a statement. "As more states have adopted legalization, public support for this policy has risen dramatically. That's because these policies are largely working as intended and because voters prefer legalization and regulation over the failed policy of marijuana prohibition."
According to Gallup:
For the second straight year, majority support for legalization is found among all major subgroups, including by age, political party, and ideology. Self-identified conservatives were the last major subgroup to express majority support, reaching 51% in 2022. Republicans first gave marijuana majority-level backing in 2017.
As of today, support for legal marijuana use is highest among self-identified liberals (91%) and Democrats (87%) and lowest among conservatives (52%) and Republicans (55%). Support is inversely correlated with age, reaching 79% among 18- to 34-year-olds. However, even among the oldest age group, nearly two-thirds (64%) are in favor.
This widespread support for legal marijuana was evident on Tuesday as nearly 57% of voters in Ohio—a state that voted for former President Donald Trump in the last two elections and has a Republican governor—approved the legalization and regulation of marijuana for people age 21 and older, who are also allowed to grow up to six cannabis plants per person and 12 plants per residence. The measure imposes a 10% tax on cannabis sales.
"Marijuana is no longer a controversial issue," Tom Haren, spokesperson for the Coalition to Regulate Marijuana Like Alcohol, told Marijuana Moment. "Ohioans demonstrated this by passing State Issue 2 in a landslide."
Marijuana Policy Project interim executive director Matthew Schweich told MJBizDaily that the Ohio vote "shows that a cannabis legalization campaign can win anytime and anywhere."
"To achieve victory in a nonpresidential year in a red state shows just how strong public support for legalization has become," he added.
The rise in support for legal marijuana parallels "the rise in Americans' self-reported use of the drug," Gallup said, citing a July survey. "The percentage saying they personally smoke marijuana has risen 10 points to 17% since 2013, and the percentage who have ever tried it has increased 12 points to 50%."
Despite state-level gains—only 10 states have not legalized marijuana for recreational or medical use—cannabis remains strictly prohibited at the federal level, where the U.S. Drug Enforcement Administration (DEA) lists the plant as a Schedule I controlled substance.
Schedule I drugs, the DEA explains, have "no currently accepted medical use and a high potential for abuse," and in addition to cannabis include heroin, LSD, MDMA, and peyote. Far more dangerous substances than marijuana—including cocaine, methamphetamine, and fentanyl—are classified as Schedule II.
After granting a mass pardon last year to U.S. citizens and permanent residents convicted of simple federal marijuana possession, President Joe Biden ordered Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra to initiate a review which resulted in an August recommendation by HHS to reclassify cannabis as Schedule III. Such a move would place the plant in the same category as codeine, ketamine, testosterone, and anabolic steroids.
"Just as it is intellectually dishonest to categorize cannabis in the same placement as heroin, it is equally disingenuous to treat cannabis in the same manner as anabolic steroids," Armentano said at the time. "The majority of Americans believe that cannabis ought to be legal and that its hazards to health are less significant than those associated with federally descheduled substances like alcohol and tobacco."
"Like those latter substances, we have long argued the cannabis plant should be removed from the Controlled Substances Act altogether," he added, "thereby proving state governments—rather than the federal government—the ability to regulate marijuana in the manner they see fit without violating federal law."
In the Democrat-controlled U.S. Senate, the bipartisan Secure and Fair Enforcement Regulation (SAFER) Banking Act—which would legally protect banks and credit unions that serve cannabis businesses—was approved by the Banking Committee in September.
Last week, a bipartisan group of U.S. House lawmakers reintroduced H.B. 6028, the States Reform Act, legislation led by Rep. Nancy Mace (R-S.C.) that would remove cannabis from the Controlled Substances Act, facilitate the expungement of certain marijuana-related offenses, and provide regulatory oversight for state-legal marijuana markets.
However, Republicans control the lower chamber, and new House Speaker Mike Johnson (R-La.) is a Christian fundamentalist who opposes marijuana on religious grounds. In recent years, Johnson has voted against legislation that would end federal prohibition, allow banks to work with state-legal cannabis businesses, and fund medical marijuana research.
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Marijuana Industry Banking Bill Passes Key Senate Panel
"We've got momentum on our side," said Sen. Jeff Merkley. "Let's get this done to protect our legal cannabis businesses!"
Sep 27, 2023
The U.S. Senate Banking Committee on Wednesday brought major federal marijuana banking legislation closer to becoming law than ever, approving a bipartisan bill that advocates say is essential to the safety of legal recreational and medical marijuana businesses across the United States.
The committee voted 14-9 in favor of passing the Secure and Fair Enforcement Regulation (SAFER) Banking Act, which would legally protect banks and credit unions that provide services to cannabis operations and prohibit federal regulators from ordering financial institutions to close a business' account based on "reputational risk."
An earlier version of the bill passed in the U.S. House numerous times but was never advanced in the Senate under either Democratic or Republican control.
"We've got momentum on our side to finally pass the SAFER Banking Act," said Sen. Jeff Merkley (D-Ore.), who is sponsoring the legislation along with Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Steve Daines (R-Mont.), Cynthia Lummis (R-Wyo.), and Kyrsten Sinema (I-Ariz.). "Let's get this done to protect our legal cannabis businesses!"
Although 39 states have passed laws legalizing the sale of marijuana for recreational or medical use, advocates say dispensaries are put at risk by a lack of federal protections for financial institutions that might otherwise work with them.
Only 12% of all U.S. banks and 5% of credit unions provide banking services to marijuana-related businesses, according to the U.S. Department of Treasury.
As Common Dreams reported, Mastercard announced in July that it would no longer offer services in the cannabis industry because marijuana is still criminalized at the federal level—even though annual national sales in the sector are projected to reach $57 billion by 2030 in states where cannabis is currently legalized.
NORML, which has advocated for marijuana decriminalization since 1970, noted on Wednesday that more than 70% of cannabis businesses report that a "lack of access to banking or investment capital" is their top challenge.
Without access to banking services, businesses are forced to make sales only in cash, which Merkley said is "an open invitation to robberies, muggings, money laundering, and organized crime."
"Forcing legal businesses to operate in all-cash is dangerous for our communities," said the senator.
NORML political director Morgan Fox called the newly advanced legislation "an improved version of the SAFE Banking Act."
"It allows state-licensed cannabis businesses to more easily access financial services, such as opening a simple bank account, and it provides entrepreneurs with greater access to lending and other services that are available to other legal businesses," said Fox.
Schumer called the passage of the bill out of the committee "a huge step," and said he is also working to include amendments to expunge people's marijuana-related criminal offenses in the final bill.
"Now is the time," said the senator.
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