House Committee Blocks Biden's Marijuana Rescheduling Efforts
House Appropriations Committee Approves Amendment to Halt DOJ's Cannabis Rescheduling Plan.
The House Appropriations Committee on Tuesday approved legislation to block the Biden administration’s ongoing efforts to reschedule marijuana and ease restrictions on the drug under federal law. The Republican-led panel approved an amendment to a funding bill that blocks the Department of Justice from acting on the rescheduling plan, which is currently in the midst of a rulemaking process to move cannabis from Schedule I of the federal Controlled Substances Act (CSA) to the less restrictive Schedule III.
In October 2022, President Joseph Biden called on his administration to initiate a review of the federal government’s prohibition of marijuana. Subsequently, the U.S. Department of Health and Human Services (HHS) formally recommended that cannabis be rescheduled under the CSA in August 2023. The recommendation was based on a review of the science behind the medicinal use of cannabis that supported the change to Schedule III, a classification that includes drugs such as Tylenol with codeine and testosterone.
In January, a federal review of cannabis research by HHS determined that marijuana is eligible for less strict classification under federal drug laws. In the review, researchers with the U.S. Food and Drug Administration (FDA) determined that credible evidence shows that marijuana has legitimate medical uses and fits the criteria for rescheduling under the CSA. Four months later, the Drug Enforcement Administration indicated that it would approve the effort to remove marijuana from Schedule I, a category reserved for drugs with no accepted medical value and a high potential for abuse, and place it under Schedule III. A proposed rule to implement the change is now in a 60-day public comment period.
Amendment Blocks Marijuana Rescheduling
That process could be stopped in its tracks, however, with Tuesday’s approval of a Commerce, Justice, Science, and Related Agencies (CJS) funding bill by the House Appropriations Committee. Under an amendment approved by the committee, the Department of Justice would be blocked from spending federal funds to reschedule or deschedule marijuana under the CSA. Democratic Rep. Rosa DeLauro introduced an amendment to remove the provisions to block rescheduling and other unrelated sections of the bill, but the committee defeated the proposal by a vote of 20-30, according to a report from cannabis news source Marijuana Moment.
The GOP-led attempt to prevent the reclassification of marijuana would be a blow to the regulated cannabis industry, which, if rescheduling succeeds, would no longer be subject to provisions of the tax code that deny standard business deductions for companies that sell Schedule I substances. David Craig, chief marketing officer of Missouri licensed cannabis company Illicit Gardens, characterized the House Appropriation Committee’s approval of the amendment as “a disappointing move.”
“Blocking cannabis rescheduling is a significant misstep because it hinders vital research and maintains an outdated and punitive approach to a substance that has proven benefits,” Craig writes in an email. “We’ve seen countless states adopt cannabis programs with significant public support, and federal scheduling remains out of sync with that reality. This decision represents a missed opportunity to modernize cannabis policy in a way that aligns with both current scientific understanding and the will of many states and their citizens.
Committee Rejects Bid To Allow State-Legal Recreational Weed
The committee also rejected an amendment from California Democratic Rep. Barbara Lee, co-chair of the Congressional Cannabis Caucus, that would have prohibited the Justice Department from spending its resources to interfere in state or tribal regulated marijuana programs, including those that legalize recreational cannabis.
“This amendment prevents the federal government from imposing its antiquated cannabis regulations on states, and it’s time that the federal government keep up with the times and stop hindering progress,” said Lee.
Rep. David Joyce, a Republican from Ohio who also co-chairs the Congressional Cannabis Caucus, was the only GOP member of the committee to speak in favor of Lee’s amendment.
“We should be empowering states to regulate the product how they see fit, and this amendment would help just do that,” he said. “The disparity between state and federal policies have created a loophole that has allowed illicit operators to thrive and jeopardize public safety. It’s time to close the loophole, make sure products are safe and out of the hands of youth.”
Pennsylvania Rep. Matt Cartwright, the ranking Democrat on the CJS Appropriations Subcommittee, also called on his fellow lawmakers to back Lee’s amendment, saying that the proposal is “about aligning law enforcement efforts between state and federal entities.”
The funding bill retains language to block the Department of Justice from interfering in state-legal medical marijuana programs that has been included in the legislation for a decade. However, the committee added a new provision that permits federal law enforcement agencies to enforce a federal law that increases penalties for distributing marijuana within 1,000 feet of an elementary or vocational school, college, public housing or playground.
