Vice President Kamala Harris on Friday called on the federal government to move “as quickly as possible” to change the way it officially classifies marijuana, saying that “nobody should have to go to jail for smoking weed.”
“I cannot emphasize enough that they need to get to it as quickly as possible,” Harris said. “We need to have a resolution based on their findings and their assessment. This issue is stark when one considers the fact that on the schedule currently, marijuana is considered as dangerous as heroin ― as dangerous as heroin ― and more dangerous than fentanyl, which is absurd, not to mention patently unfair.”
Marijuana is currently listed as a Schedule 1 drug by the Drug Enforcement Administration. That classification designates it one of the most dangerous drugs possible, with no medicinal uses. Other substances in the same category include heroin, ecstasy and LSD. Marijuana advocates have been pushing for years for the federal government to either reschedule marijuana to a different category or deschedule it entirely.
Biden cannot de-schedule it. At most, he could issue an executive order telling the DEA to stop pursuing marijuana charges. Even if he did, the next president could just undo that. Biden is doing what he can which is calling for the AG to reschedule the drug.
There are only two ways weed can be de/rescheduled. First, is for congress to pass legislation doing so which then would need to be signed by the president. Congress is not going to do that. It’s been attempted multiple times and has never come anywhere near passing. They pretty much all died in committee.
The second way is the way mandated by by the Controlled Substances Act. That laws states that, first, someone must file a petition with the attorney general, or the AG could initiate the process themselves. The AG then sends the request to HHS Secretary to start a scientific and medical evaluation of the request. HHS and FDA then conduct an assessment and sends a recommendation to the AG. Meanwhile, the AG/DEA conduct their own review of the request. Assuming everyone agrees, the AG then initiates the standard rule making process following the Administrative Procedures Act and the White House, after it’s own review and the change can be made.
This article has a lovely, if disheartening flowchart of the process. It is a convoluted bureaucracy, but there is hope since the process was started in 2022 when President Biden instructed HHS to conduct a review into rescheduling marijuana.
HHS has since completed their review and sent a formal recommendation to the Attorney General on August 29 of 2023 recommending that marijuana be moved from Schedule I to Schedule III. The ball is currently in the DEA’s court. They have to conduct their own review and rumor has it that there are those within the DEA who disagree with Biden’s push to reschedule weed. Still, with at least half the states allowing some form of legal access to marijuana, and the FDA having approved at least one drug derived from marijuana, they will be hard pressed to find some compelling reason to go against the HHS recommendation.
Of course, I think it’s only too clear that the DEA is likely to strongly oppose this change and there are rumors that this is the case. Now it’s just a matter of the DEA dragging it’s feet before making an official announcement.
Odd. Chuck Schumer seems to think he can.
Then if he doesn’t hate the minority communities that the racist drug war was designed to disrupt, he should have done this on day 1.
We should never do anything because Republicans might undo it.
That process sounds like complete bullshit from top to bottom when compared with the process needed to sell weapons for the genocide all centrists love.