House Judiciary Committee Ranking Member Jerrold Nadler (D-NY) and Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) sent a letter today to the Drug Enforcement Administration (DEA) urging them to move swiftly on implementing their proposed rule to transfer marijuana from schedule I to schedule III of the Controlled Substances Act (CSA).
The letter was sent to Attorney General Merrick Garland and DEA Administrator Anne Milgram.
“We value the Department of Justice’s steadfast commitment to prevent the misuse and diversion of controlled substances that pose a threat to public health. Amidst a devastating opioid and overdose crisis, it is imperative that law enforcement and public health agencies focus efforts on the biggest threats to Americans,” Nadler and Pallone wrote. “When Congress passed the CSA, it recognized that our scientific and medical understanding is constantly evolving and granted the Attorney General and the Secretary of [Health and Human Services] important responsibilities in ensuring that the law reflects this knowledge.”
The Democratic Committee leaders applauded the Biden-Harris Administration’s leadership on rescheduling marijuana, urged prompt finalization of the proposal, and called for further assessment of whether lower scheduling or descheduling is appropriate.
“We applaud the Biden-Harris Administration’s efforts in initiating this review, conducting a thorough scientific and medical analysis, and engaging in the rulemaking process,” Nadler and Pallone continued. “We urge you to swiftly complete this process and transfer marijuana to schedule III. We also call on the Department of Justice and HHS to continue to assess whether schedule IV, schedule V, or descheduling may be appropriate.”
In October 2022, President Biden directed his Administration to initiate the administrative process to review how marijuana is scheduled under federal law. As part of that process, the Food and Drug Administration (FDA) conducted analysis that found the “risks to the public health posed by marijuana are low compared to other drugs of abuse,” like heroin (schedule I) and cocaine (schedule II), and that “there is some credible scientific support for the use of marijuana in the treatment” of certain conditions.” In concluding its analysis, FDA recommended that marijuana be transferred from schedule I to schedule III, which was reviewed and agreed upon by the National Institute on Drug Abuse.
The DEA has scheduled a public hearing on their proposal for December 2, following over 40,000 comments being submitted by the public.
