DEA Head Commits To Request Marijuana Review Timeline From Health Agency, As Congressman Floats Schedule ‘420’ Classification

The head of the Drug Enforcement Administration (DEA) has committed to requesting a timeline from the U.S. Department of Health and Human Services (HHS) on the Biden administration’s ongoing federal marijuana scheduling review—a process that one congressman jokingly said that he hopes will result in the drug being moved from Schedule I to Schedule “420.”

At a House Judiciary Crime and Federal Government Surveillance Subcommittee hearing on Thursday, Rep. Matt Gaetz (R-FL) pressed DEA Administrator Anne Milgram for her thinking on the review, as well as the challenges posed by the current patchwork of state cannabis laws under federal prohibition.

Milgram said that DEA has not yet received a scheduling recommendation from HHS, which is carrying out a scientific review into marijuana. When the agency does receive it, it will then carry out its own eight-factor analysis and open public comment before making the final call.

“We have constant conversations with HHS and with FDA, but we have not been given a specific timeline,” she said.

Gaetz asked if the DEA administrator would request that timeline from HHS, and she said, “I will ask.”

The congressman then asked if DEA had any reason to oppose the removal of cannabis from Schedule I of the Controlled Substances Act (CSA), and Milgram said that she “couldn’t prejudge it at this point in time” without the recommendation from HHS, as well as her own agency’s analysis.

“As the head of the DEA, I will ultimately be responsible for signing off on what the scheduling is,” she said.

Gaetz also brought up research linking the legalization and regulation of cannabis at the state level to lower rates of opioid prescriptions and asked if Milgram would take that into account as DEA makes a final scheduling determination.

BREAKING: DEA Administrator Milgram Commits to Pushing @HHSgov to Get A Schedule 1 Marijuana Determination 👇 pic.twitter.com/DwALFEom1D

— Rep. Matt Gaetz (@RepMattGaetz) July 27, 2023

“You have my full commitment, congressman, that I will keep an open mind. I will look at all the research,” she said. “I expect that we will get additional public comment or research that comes in, and I will look at all of it.”

The congressman also brought up the existing patchwork of state cannabis laws and asked if that makes DEA’s job more challenging. The administrator said that “we deal with it, congressman, all the time,” pointing out that the agency is actively dealing with states scheduling another drug, xylazine, that’s being found in the fentanyl supply that is not currently scheduled at the federal level, for example.

Gaetz concluded by noting that taking marijuana out of Schedule I would remove barriers to research. And at that point, Rep. Steve Cohen (D-TN) chimed in to support his colleague’s remarks and add that throughout his 17 years in Congress, he’s consistently heard “governmental gibberish about marijuana” from top federal officials.

The government got it wrong on #cannabis. We need to focus on the real problems, like fentanyl & other deadly drugs. #Marijuana should be reduced from Schedule 1 to Schedule 420. pic.twitter.com/FP10XCYgSD

— Steve Cohen (@RepCohen) July 27, 2023

“The government has messed this up forever—and you need to get ahead of the railroad,” Cohen told Milgram. “You’re gonna get something from HHS. Biden understands that should be reclassified. He said from [Schedule] I to III—it ought to be classified from I to 420, and we ought to just clean it up and get over with it.”

While Milgram said that HHS hasn’t provided a specific timeline for its review, Secretary Xavier Becerra did tell Marijuana Moment last month that it’s his hope that the agencies of jurisdiction will be able to complete their work by the year’s end, but it remains to be seen if that will happen.

Meanwhile, Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer led a letter to Becerra and Attorney General Merrick Garland in March, alongside 15 other bipartisan members of Congress, demanding transparency in the cannabis scheduling review.

Where Presidential Candidate Donald Trump Stands On Marijuana

Photo courtesy of Chris Wallis // Side Pocket Images.

California Voters Are More Supportive Than Ever Of Marijuana Legalization, And Most Want Retailers In Their Communities, Poll Finds

Californians’ supports for legalizing marijuana is now even higher than when they approved the reform at the ballot in 2016, a new poll shows, and a solid majority of voters also want cannabis retailers to be operating in their own neighborhoods.

The survey from the Public Policy Institute of California (PPIC) that was released on Monday found that 64 percent of residents support marijuana legalization. Likely voters are even more supportive, with 69 percent backing legalization.

When legalization was on the ballot seven years ago, the reform passed with a slimmer majority, with 57 percent of the vote.

The overall results of the new survey show that a supermajority of Democrats (77 percent) and independents (76 percent) favor legalization. That’s compared to 42 percent of Republicans who back keeping cannabis prohibition off the books.

While more than three in five Californians support legalizing marijuana, a smaller majority (56 percent) say that they want adult-use retailers to operate in their community. Again, likely voters are more likely to favor the commercial activity in their neighborhoods, at 60 percent.

“Although marijuana is legal in California, retail marijuana businesses are banned in 61 percent of cities and counties across the state,” PPIC said. “Just over half of Californians say retail sales of recreational marijuana should be allowed in their city or community. Here, too, there is a wide partisan divide, with strong majorities of Democrats and independents in favor compared to only one in three Republicans.”

California has long been at the forefront of #marijuana policy in the US, with voters approving to make it legal in 2016. So, how do Californians feel about it now? PPIC's @DEANintheYAY takes a look 👇 https://t.co/7F8KGHH4g0

— Public Policy Institute of California (@PPICNotes) June 26, 2023

Asked specifically about the statewide ballot initiative Proposition 64, which legalized cannabis in 2016, respondents were largely in favor of the reform. Sixty-one percent of all residents (and 65 percent of likely voters) agreed that the reform “has turned out to be mostly a good thing for the state.”

Again, Democrats and independents were the most supportive, at 75 percent and 72 percent, respectively. But just 35 percent of Republicans said the same.

“Support for legalized marijuana and retail marijuana sales in cities or communities remains solid even as policymakers grapple with challenges and concerns related to Proposition 64,” the PPIC survey, which involved interviews with 1,576 adults and 1,062 likely voters from May 17-24, says.

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

Meanwhile, a California Assembly committee recently approved a Senate-passed bill to legalize marijuana cafes, allowing dispensaries to offer non-cannabis food and drinks at their location if they receive local approval. The measure is largely consistent with a separate proposal to authorize cannabis cafes that passed on the Assembly floor late last month.

Also, state marijuana regulators announced last week that they have awarded $4.1 million to cities and counties across the state to support local cannabis business licensing programs working to address unmet consumer demand and help curb the illicit market.

The California Governor’s Office of Business and Economic Development (GO-Biz) separately announced last month that the state has awarded more than $50 million in marijuana tax-funded community reinvestment grants.

DCC also recently awarded nearly $20 million in research grants, funded by marijuana tax revenue, to 16 academic institutions to carry out studies into cannabis—including novel cannabinoids like delta-8 THC and the genetics of “legacy” strains from the state.

California is additionally making moves to expand its marijuana market beyond the state’s borders, with regulators seeking a formal opinion from the state attorney general’s office on whether allowing interstate marijuana commerce would put the state at “significant risk” of federal enforcement action.

The request for guidance from DCC is a key step that could eventually trigger a law that the governor signed last year, empowering him to enter into agreements with other legal states to import and export marijuana products.

Separately, on Tuesday, an Assembly committee approved a Senate-passed bill to legalize the possession and facilitated use of certain psychedelics.

Schumer Touts Marijuana Banking Bill As Bipartisan Priority, And Republican Sponsor Is Optimistic As Long As Measure Isn’t Expanded

Photo courtesy of WeedPornDaily.

Congressional Committee Approves GOP-Led Marijuana ‘Pilot Program’ And Psychedelics Study Amendments To Military Bill

A congressional committee has approved a large-scale defense bill that includes GOP-led provisions to create a medical marijuana “pilot program” and require a study into the therapeutic potential of psychedelics for active duty military members under the U.S. Department of Defense (DOD).

The House Armed Services Committee held a markup of the National Defense Authorization Act (NDAA) on Wednesday, approving the legislation with drug policy reform amendments from Reps. Nancy Mace (R-SC) and Morgan Luttrell (R-TX), which were both adopted in a voice vote as par of an en bloc package.

Mace’s amendment calls for a DOD medical cannabis pilot program that would examine the health impacts of marijuana use by veterans and service members who are U.S. Department of Veterans Affairs (VA) beneficiaries. To be eligible for the program, the VA participant would need to have been diagnosed with post-traumatic stress disorder (PTSD), depression or anxiety, or have been prescribed pain management.

The secretaries of defense and VA would need to assess, compile and publish “relevant data collected by State-approved marijuana regulatory programs and made available to the Secretary of Defense.”

🍃🔥 BIG DEAL 🔥🍃

Our amendment 3504 – a medical #marijuana pilot program just PASSED @HASCRepublicans! @SecDef will implement a pilot program to address the health effects of #medicalmarijuana use by covered beneficiaries & explore new FDA-approved medicines.

— Rep. Nancy Mace (@RepNancyMace) June 22, 2023

“The pilot program shall be conducted in one or more States with a State-approved marijuana regulatory program, and shall be conducted in accordance with applicable State law with respect to the manufacture, distribution, dispensing, or possession of marijuana, to the extent such activity occurs as part of such pilot program,” the amendment says.

Officials would also need to partner on “preclinical research or a clinical investigation pursuant to an investigational new drug exemption” under the federal Food, Drug, and Cosmetic Act (FDCA).

The measure says that cannabis-related activity authorized under the pilot program would be exempt from enforcement action by the Drug Enforcement Administration (DEA) under the Controlled Substances Act (CSA). VA benefits would also be explicitly protected for people participating in the program.

The defense secretary would need to submit annual reports to relevant congressional committees on the “conduct” of the program.

“The bipartisan passage of this amendment is a big win for the lives of active service members and veterans struggling with a variety of service-connected traumas,” Mace told Marijuana Moment on Thursday.

“We look forward to seeing the results of studies and the healing of our nation’s wounded heroes,” the congresswoman, who backs cannabis legalization and recently filed a bipartisan bill mandating the automatic sealing of criminal records for certain non-violent federal marijuana convictions, said.

The amendment from Luttrell, meanwhile, would require the defense secretary to carry out a clinical trial into the therapeutic benefits of psychedelics for active duty service members with PTSD, traumatic brain injury or chronic traumatic encephalopathy.

The clinical trials would need to involve psilocybin, MDMA, ibogaine or DMT. The secretary would need to provide lawmakers with a report within one year of the enactment of the legislation with information about trial findings.

Last night at the #FY24NDAA markup three more of my amendments passed unanimously: funding increase for counter-narcotics support, study to improve military readiness through nutrition, and research on psychedelic therapies to treat PTSD.

— Congressman Morgan Luttrell (@RepLuttrell) June 22, 2023

Luttrell’s amendment is essentially a dialed-down version of a standalone bill he’s supporting from Rep. Dan Crenshaw (R-TX) that would create a grant program to fund two clinical trials into the medical value of that same group of psychedelics.

At a press briefing last week, Luttrell, a veteran himself, disclosed details of his own experience receiving ibogaine and 5-MeO-DMT treatment in another country, which he said “changed my life” and was “one of the greatest things that ever happened to me.”

—Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

While two psychedelics-related provisions of the House’s version of the NDAA were omitted from the final deal last year, lawmakers did secure report language instructing the secretary of defense to conduct a study looking at the “feasibility and advisability of conducting a study on the use of certain pharmacologic or potential plant-based therapies as alternatives to prescription opioids for the treatment of PTSD, TBI, or chronic pain.”

A number of other marijuana items—including an attempt to pass cannabis banking reform through the must-pass defense bill—were also excluded, to the disappointment of advocates and stakeholders.

It’s unclear if these latest modest proposals will make it across the finish line this Congress, but their passage as part of an en bloc package signals that they were not viewed as controversial, even under GOP leadership of the House.

Read the text of the NDAA marijuana and psychedelics amendments below: 

Where Presidential Candidate Donald Trump Stands On Marijuana

Image element courtesy of Kristie Gianopulos.