Cannabis Scheduling Unveiled: White House Letter Discrepancy Surfaces Amid Ongoing Review
Amid the ongoing scrutiny of cannabis scheduling, a puzzling revelation has emerged. The U.S. Department of Health and Human Services (HHS) appears to be at odds with the head of the Drug Enforcement Administration (DEA) regarding a crucial letter from the White House. This letter, related to President Joe Biden’s directive on marijuana scheduling review, has become the center of attention.
During a recent House Judiciary Committee hearing, DEA Administrator Anne Milgram indicated that the president had initiated the scheduling review process through a letter sent to the secretary of HHS and the attorney general. However, this assertion has been met with a surprising response. Attorney Matt Zorn’s Freedom of Information Act (FOIA) request for a copy of the letter prompted HHS to state that no records matching the request could be found.
Zorn, in an open letter on his “On Drugs” Substack, has urged Rep. Matt Gaetz (R-FL) to delve deeper into this matter with the DEA. The potential existence of this letter adds intrigue to the ongoing administrative process, where federal agencies are reevaluating the classification of marijuana under the Controlled Substances Act (CSA).
The veracity of Milgram’s statement is being questioned, as there is a possibility of miscommunication. Marijuana Moment reached out to the DEA for clarification, but as of the time of publication, no response has been received.
The origins and progression of the scheduling review directive continue to be of significant interest within both the cannabis industry and the wider public. On the day President Biden called for the review and issued pardons for federal marijuana possession offenses, the Department of Justice and HHS seemed to have coordinated statements ready. This suggests that these agencies were informed beforehand, raising questions about the actual timeline.
“There are aspects of this process that the public doesn’t need to, and probably shouldn’t, be privy to,” Zorn stated. “But the basic milestones like the document that starts the process, we should be able to examine. Congress should have it, the public should have it. That’s not asking too much.”
HHS’s response, claiming a lack of documents responsive to the FOIA request, raises the possibility that the specified date range was too narrow. Although President Biden publicly issued the directive and pardons on October 6, 2022, it’s conceivable that agencies received preliminary notifications months before the official announcement.
As of now, the current status of the administrative review into cannabis scheduling remains unclear. HHS Secretary Xavier Becerra mentioned in June that the agencies aim to conclude their work by year-end. Milgram assured Gaetz during the recent hearing that she would inquire about the review’s timeline from HHS.
The initial step involves HHS’s scientific assessment of marijuana, spearheaded by the Food and Drug Administration (FDA). Once completed, the department will transmit its findings and scheduling recommendation to the DEA. Following this, the DEA will conduct an eight-step review before reaching a final decision. It’s worth noting that the HHS’s recommendation isn’t binding, as the DEA holds primary authority over the CSA and can potentially disregard the health agency’s stance.
In another arena, the White House drug czar, in separate congressional testimony, highlighted that last year’s marijuana pardons and scheduling directive by the president are part of a broader effort to establish a cohesive cannabis policy amidst varying state legalization frameworks.
In March, Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer, along with 15 other bipartisan members of Congress, issued a letter to Becerra and Attorney General Merrick Garland. The letter demanded transparency in the cannabis scheduling review, emphasizing the importance of clarity in this intricate process.
