In response to the Associated Press reports that the Drug Enforcement Administration’s (DEA) plans to reclassify marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA), a group of prominent drug and marijuana policy reform organizations are calling on the public to take action by participating in the DEA’s public comment period and demand that marijuana be fully removed from the list of controlled substances.
United for Marijuana Decriminalization, a coalition representing leading voices in drug policy reform and the cannabis industry, is urging interested members of the public to submit comments to the DEA once its public comment period begins, emphasizing that rescheduling to Schedule III fails to deliver on the Biden Administration’s campaign promise to decriminalize marijuana.
“The DEA’s proposal to reschedule marijuana would continue criminalization and as a result is inconsistent with the Biden Administration’s promises, especially to Black and Brown people, regarding marijuana decriminalization and expungement,” said Chelsea Higgs Wise, executive director of Marijuana Justice, one of the organizations in the coalition.
The DEA’s reported proposal to reschedule cannabis to Schedule III fails in three key ways:
● Continued Criminalization and Social Injustice. Rescheduling will not release anyone incarcerated for cannabis convictions, expunge criminal records, or resolve immigration-related consequences. Nor will it prevent arrests of consumers and patients lawfully using marijuana under current state programs. It will not provide relief to anyone who has lost their voting rights, housing rights, or any other rights based on a marijuana conviction.
● Perpetuating Prohibition of Lawful State Businesses and Patients. Even after a reclassification to Schedule III, both medical and recreational users and businesses that are compliant with state laws will remain in violation of federal law. Rescheduling will only further protect FDA-approved products and entities registered with the DEA to handle marijuana.
● Need for Comprehensive Reform. Reform starts with descheduling marijuana, not a half step maintaining its criminal status under the CSA. As President Biden and Vice President Harris have acknowledged, decriminalization is the only path to align federal policy with the majority of states and the will of the American people.
“It’s tempting to celebrate any incremental change, but this decision doesn’t protect any marijuana patients or consumers from arrest,” said Shaleen Title, founder and director of Parabola Center for Law and Policy, an organization that is part of the coalition. “At a time when our country needs real change, it’s simply a well-timed move designed to make it look like something is being done about marijuana.”
The coalition has created a tool to help stakeholders submit comments, emphasizing the importance of a strong, united voice in this critical moment. This tool will become available once the DEA opens up the portal for public comments. Rescheduling falls drastically short of the reforms necessary to rectify the historical injustices and ongoing disparities caused by marijuana prohibition, and widespread public engagement can influence a shift towards the complete removal of cannabis from the list of controlled substances. It’s critical that individuals and communities impacted by cannabis criminalization make their voices heard during the public comment period.
About United for Marijuana Decriminalization
UMD is a coalition of organizations concerned that rescheduling is simply a rebranding of marijuana prohibition, not the end of it. Members of UMD include the Drug Policy Alliance, the National Cannabis Industry Association, Better Organizing to Win Legalization, the Minority Cannabis Business Association, Parabola Center for Law and Policy, the National Association of Black Cannabis Lawyers, and Marijuana Justice.
More reactions from members of United for Marijuana Decriminalization
“While this step may represent progress for some, it leaves communities impacted by cannabis criminalization behind. This action by the Biden Administration, without additional steps, would fail to deliver promises made to Black and Brown communities.” – Chelsea Higgs Wise, Executive Director, Marijuana Justice
“Rescheduling would protect only hypothetical corporations that have completed an expensive, time-consuming FDA approval process that isn’t designed for botanical plants – and hypothetical users of a product that doesn’t exist yet.” – Shaleen Title, Founder and Director, Parabola Center for Law and Policy
“While today’s proposed change to the federal status of cannabis marks a significant shift in the federal government’s approach to marijuana policy and will have positive effects for small businesses who have been paying a discriminatory tax rate, it falls out of alignment with science and a majority of the American people who believe that cannabis should be treated more in line with tobacco and alcohol — and most importantly, that no person should be locked in a cage for possessing a plant.” – Kaliko Castille, Former President, Minority Cannabis Business Association
“We can acknowledge the historical significance of the policy shift recognizing the medicinal validity of cannabis and an immediate need for it to be removed from Schedule I of the CSA. But this is a critical moment in the fight to decriminalize and equitably end prohibition. We maintain that alleviating the financial woes of those who already have access to capital does nothing to lift the burdens and disenfranchisement of people who have been deprived of parental rights, employment, education, family unification, medical resources, or liberty. Rescheduling to a Schedule III continues a vicious cycle of marginalization and falls short of bringing either relief or repair.” – Natacha Andrews, Esq., Executive Director, National Association of Black Cannabis Lawyers
“While NCIA unequivocally supports ending the federal prohibition and criminalization of marijuana, we also acknowledge today’s announcement as a positive step toward reforming our nation’s outdated policies. However, the proposed move to reschedule does not harmonize federal law with the laws on the books in 37 states with some form of legal cannabis commerce. Clear enforcement guidance protecting the licensed cannabis businesses operating in those states must accompany rescheduling.” – Aaron Smith, CEO & Co-Founder, National Cannabis Industry Association
“If the Biden Administration and Congress are truly supportive of ending marijuana criminalization, righting its wrongs, and establishing a responsible and equitable federal framework for cannabis policy, they should be willing to acknowledge the insufficiency of the DEA’s proposed shift and to take immediate action to ensure that marijuana is ultimately descheduled and to bring about marijuana reform that meaningfully improves people’s lives who have been harmed by decades of criminalization.” – Cat Packer, Director of Drug Markets and Legal Regulation, Drug Policy Alliance
