DEA Should “Reject” Arguments that Rescheduling Marijuana Violates International Treaties, Says Congressmember

Congresswoman Sydney Kamlager-Dove (CA-37) has sent a letter to the Drug Enforcement Administration (DEA) urging them to reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations.

This letter is in response to a former letter from the DEA, which stated that the Administration would conduct a review of the Department of Health and Human Services’ (HHS) recommendation to reschedule marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA), states a press release.

The letter emphasizes that applicable Treaties neither require the U.S. to keep marijuana in Schedule I or II nor do they preclude the DEA from accepting HHS’s recommendation.

“I write to urge you to reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations.  Applicable Treaties neither require the U.S. to keep marijuana in Schedule I or II nor do they preclude the DEA from accepting HHS’s recommendation,” the Congresswoman wrote. “Cannabis should be removed from the Controlled Substances Act (CSA) schedule entirely; however, I acknowledge that the rescheduling of cannabis is a historic first step to addressing the harms of the War on Drugs, which is why I want to ensure that U.S. Treaties are not considered as a potential reason against rescheduling or de-scheduling marijuana.”

“Rescheduling marijuana to Schedule III is a welcomed move towards mitigating the devastating impacts that marijuana’s place on the CSA has caused,” wrote the Congresswoman. “As an advocate for the removal of marijuana from the CSA, I recognize that rescheduling serves as an initial stride toward achieving the ultimate goal of decriminalization. Therefore, at minimum, I ask that you follow HHS recommendations and reschedule marijuana to Schedule III and reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations… As an advocate for the removal of marijuana from the CSA, I recognize that rescheduling serves as an initial stride toward achieving the ultimate goal of decriminalization. Therefore, at minimum, I ask that you follow HHS recommendations and reschedule marijuana to Schedule III and reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations.”

The letter concludes by asking the DEA to respond to the following questions at their earliest convenience.

  1. Is it the DEA’s position that applicable treaty obligations preclude the agency from adopting HHS’s recommendation to transfer marijuana to Schedule III?
  2. Who has attempted to influence the DEA’s views on applicable treaty obligations and the proposed reclassification of marijuana? Please provide a log of all meetings DEA staff have taken with outside partners on this matter.
  3. Has the DEA consulted with the U.S. Department of State or any expert agency outside of the U.S. Department of Justice regarding treaty obligations and the pending administrative process to reconsider marijuana’s Schedule I classification?

To read the full letter click here.

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