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The Drug Enforcement Administration’s (DEA) decision to reschedule marijuana is being met with relief, elation, commendations—and criticism from advocates who have been quick to point out that the modest reform does not mean cannabis will be federally legalized or that President Joe Biden’s campaign pledge to at least decriminalize will be fulfilled.

Lawmakers, advocates, stakeholders and opponents have seized upon reports that DEA agreed with the U.S. Department of Health and Human Services (HHS) recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

By and large, the reactions are positive. After all, this marks the first time that DEA has recognized the medical value and relatively low abuse potential of cannabis since prohibition was codified more than 50 years ago. The scheduling review, directed by Biden, resulted in a determination that stands to free up research barriers, let state-licensed marijuana businesses take federal tax deductions and more.

Moving cannabis to another schedule will not legalize it, however. Participants in state cannabis markets would continue to run afoul of federal law, and existing criminal penalties for certain marijuana-related activity would remain in force. And that’s a point that justice- and equity-centered advocates have continued to emphasize.

Here’s how people are reacting to DEA’s reported rescheduling decision:

Lawmakers and Elected Officials

Senate Majority Leader Chuck Schumer (D-NY)

“It is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear,” the majority leader said.

“While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act,” he said.

Senate Finance Committee Chairman Ron Wyden (D-OR)

“After decades of the federal government being dug in on prohibition, moving cannabis to Schedule III would be a huge shift in policy and signal to the American people that the days of reefer madness are coming to an end,” Wyden said. “Medical research will open up and legal small businesses will no longer be treated unjustly like criminals under the inequitable 280E tax provision—a provision I’ve been working for years to repeal

“I’m not going to let today’s news slow this movement down, because there’s more to be done to rectify the harms of the failed War on Drugs,” the senator said. Cannabis should ultimately be descheduled with strong federal regulations put in place to protect public health and safety. Leader Schumer, Senator Booker and I have just the bill to do it.”

This is good news, but there’s more to be done to rectify the harms of the failed War on Drugs. That’s why I’m continuing to lead the fight in the Senate with @SenSchumer and @SenBooker to deschedule cannabis once and for all. https://t.co/gd954fINJm

— Ron Wyden (@RonWyden) April 30, 2024


Rep. Earl Blumenauer (D-OR)

“If today’s reporting proves true, we will be one step closer to ending the failed war on drugs,” Blumenauer, founding co-chair of the Congressional Cannabis Caucus, said. “Marijuana was scheduled more than 50 years ago based on stigma, not science. The American people have made clear in state after state that cannabis legalization is inevitable. The Biden-Harris Administration is listening.”

Rep. Barbara Lee (D-CA)

This is a step in the right direction. But to be clear: cannabis must be fully descheduled in order to end the War on Drugs and repair harm to communities of color.

This move is progress for businesses, but we can’t let it undermine comprehensive reform. https://t.co/nZTiqUbIx8

— Rep. Barbara Lee (@RepBarbaraLee) April 30, 2024


Reps. Dave Joyce (R-OH) and Brian Mast (R-FL)

“Today’s decision breaks a nearly 80-year stalemate in regards to cannabis, opening the door for it to be used for medicinal and research purposes. Rescheduling means cannabis will be an option for veterans and adults living with chronic diseases, including epilepsy, multiple sclerosis, and opioid use disorder,” the GOP co-chairs of the Congressional Cannabis Caucus said. “This is an important step, but more needs to be done.”

“Millions of Americans have had opportunities for stable housing and employment foreclosed due to petty and non-violent cannabis-related offenses, including in jurisdictions that have since legalized the substance. Further, access to regulated and affordable medicinal cannabis remains out of reach for millions of patients, including veterans,” they said. “We must develop a regulatory framework that protects children but ensures the safe growth, manufacturing, prescription, sale, and consumption of cannabis by adults. We look forward to working with the agencies on this issue in the coming months.”

Rep. Nancy Mace (R-SC)

🚨 BREAKING: Marijuana Rescheduled! 🌿

Thanks to pressure campaigns like the States Reform Act, the DEA has moved cannabis from Schedule I to Schedule III.

Major news for businesses, tax deductions, & research barriers…https://t.co/RA1gGCqzGs

— Rep. Nancy Mace (@RepNancyMace) April 30, 2024


In an interview with The Dales Report hours after the news broke, Mace said “it’s giving an element of hope to people who’ve been in this space for a really long time [and] who’ve invested all of their talent and treasure because they believe in the plant.”


“I think it’s a real grain of hope because, up until this point, it’s been BS,” she said. “This is a step in the right direction.”

Colorado Gov. Jared Polis (D)

“I am thrilled by the Biden Administration’s decision to begin the process of finally rescheduling cannabis, following the lead of Colorado and 37 other states that have already legalized it for medical or adult use, correcting decades of outdated federal policy,” Polis said. “This action is good for Colorado businesses and our economy, it will improve public safety, and will support a more just and equitable system for all.”

“We look forward to when Colorado businesses will continue to safely fulfill the consumer demand without facing additional safety challenges and unnecessary financial burden that 280E tax provisions created,” he said.

Sen. Elizabeth Warren (D-MA)

For the first time under @POTUS Biden, the government will no longer treat marijuana the same as heroin.

It’s a big deal. I fought hard for this common sense and historic step.

We need to fully legalize marijuana and begin to repair the harms of an unjust war on drugs. https://t.co/bsvFTHZM4G

— Elizabeth Warren (@SenWarren) April 30, 2024


Sen. Jeff Merkley (D-OR)

Rescheduling would be a huge step forward, but there's more work to be done. As we await the final rule, we can't let up momentum. I'll continue to fight to fully deschedule cannabis, pass my SAFER Banking Act, and pursue other cannabis reforms rooted in restorative justice.

— Senator Jeff Merkley (@SenJeffMerkley) May 1, 2024


Sen. John Fetterman (D-PA)

5 years ago as LG, I was on a 67 county conversation of legal weed.

Less than 2 years ago, I asked the President to consider a big move on weed. Here we are now.

Joe Biden delivers.

Next stop: FULL legalization. https://t.co/xFRaboYECX

— Senator John Fetterman (@SenFettermanPA) April 30, 2024


Sen. John Hickenlooper (D-CO)

Rescheduling marijuana is a step in the right direction. But – just a step.    Marijuana should be DEscheduled altogether. https://t.co/Vylf1vFh39

— Senator John Hickenlooper (@SenatorHick) April 30, 2024


Sen. Kirsten Gillibrand (D-NY)

I'm grateful that the DEA is moving to reclassify marijuana as a less dangerous drug, a move I've been pushing for years.

But our work doesn't stop here. Marijuana must be completely descheduled and legalized. https://t.co/vqlkws8eyY

— Sen. Kirsten Gillibrand (@gillibrandny) April 30, 2024


Sen. Jacky Rosen (D-NV)

Great news! Nevada has been successfully regulating cannabis since 2017, and it's time federal regulations catch up with the times.

There's more work to do in Congress and I'll keep fighting to pass commonsense national cannabis reform.https://t.co/EUCSbdhX1g

— Senator Jacky Rosen (@SenJackyRosen) April 30, 2024


Sen. Tina Smith (D-MN)

Marijuana is not as dangerous as heroin. There is no reason for them to be in the same class of controlled substances.

We should celebrate the fact we’re finally changing course from the failed, racist legacy of the War on Drugs. https://t.co/Jm0ctVoYTU

— Senator Tina Smith (@SenTinaSmith) April 30, 2024


Sen. Chris Van Hollen (D-MD)

This is welcome news — and something many of us have called for for a long time. Now we need to deschedule marijuana altogether so no one gets locked up for using it. https://t.co/UTVCo9ImZA

— Senator Chris Van Hollen (@ChrisVanHollen) May 1, 2024


Sen. Ed Markey (D-MA)

This is a long awaited, essential step in the right direction. But in order to correct for the harms that the War on Drugs brought, we need to go further. We need to deschedule it, expunge the records, and stop criminalizing cannabis. https://t.co/3CNLH7JWIw

— Ed Markey (@SenMarkey) April 30, 2024


Sen. James Lankford (R-OK)

The Biden Admin’s efforts to remove marijuana as a Schedule I drug is irresponsible and will directly lead to more drug use in the United States. This will not make Oklahoma families stronger, streets safer, or workplaces more productive.

— Sen. James Lankford (@SenatorLankford) April 30, 2024


Sen. Cynthia Lummis (R-WY)

The Biden admin’s rush to reschedule marijuana without compelling scientific evidence appears to be driven by politics, instead of what’s best for the country.

My DEA Act would make it clear – Congress has the sole authority to reclassify drugs, not D.C. bureaucrats. https://t.co/0a0pBk8Zcg

— Senator Cynthia Lummis (@SenLummis) May 1, 2024


Rep. Steve Cohen (D-TN)

BIG news on #marijuana—just 10 days after 420 (👇).   Reclassifying #Cannabis is a move in the right direction by @POTUS & we can't stop here. It should be eliminated from the drug schedule entirely, legalized federally, and left to the states to regulate. https://t.co/UXlqCTWbmBhttps://t.co/Wqtf0mV5RL

— Steve Cohen (@RepCohen) April 30, 2024


Rep. Ro Khanna (D-CA)

This is a promising step, but we need to continue working to legalize marijuana and reverse the discriminatory policies that have devastated communities for decades. https://t.co/JFSuszjzU7

— Rep. Ro Khanna (@RepRoKhanna) May 1, 2024


Rep., Troy Carter (D-LA)

ALERT: The @DEAHQ will be moving to reclassify marijuana from a Schedule I to a Schedule III drug. This is a major milestone in our nation’s #DrugPolicy and a step in the right direction to bring justice to those who have been disproportionately convicted for marijuana usage and… pic.twitter.com/4WAcBQNvKV

— Congressman Troy A. Carter (@RepTroyCarter) April 30, 2024


Rep. Pramila Jayapal (D-WA)

This is a big deal.

Next, let’s decriminalize, legalize, and invest in the communities of color across America who have been devastated by the war on drugs. https://t.co/L5EVCkU1Ja

— Rep. Pramila Jayapal (@RepJayapal) May 1, 2024


Rep. Lou Correa (D-CA)

We’ve been working on this issue for more than a decade. Today, more than half of all Americans live in states where cannabis is legal. It’s past time for federal law to catch up.

Rescheduling from 1 to 3 is a huge step. This is good, common sense public policy. https://t.co/RtZn6zAGlH

— Rep. Lou Correa (@RepLouCorrea) May 1, 2024


Rep. Frank Pallone (D-NJ)

I'm glad to see the Biden Administration reclassify marijuana— this will allow for important medical research.

It’s a big step forward and builds on the historic progress we've made under @POTUS who pardoned thousands of Americans for simple possession. https://t.co/NirCQPQ5t7

— Rep. Frank Pallone (@FrankPallone) May 1, 2024


Rep. Darren Soto (D-FL)

Thanks, @POTUS Biden, for working to shift marijuana to Schedule III & recognizing its well-established medical uses.

This aligns federal regulation with FL & 37 other states’ medical marijuana laws. Floridians will have a say on adult use in November.https://t.co/6dwrJcVMq0

— Rep. Darren Soto (@RepDarrenSoto) May 2, 2024


Rep. David Trone (D-MD)

This policy change marks an important step in the right direction toward enacting true criminal justice reform. Marijuana criminalization has disproportionately impacted our most marginalized communities for decades, and reclassification was long overdue.https://t.co/IU99nYV15f

— Rep. David Trone (@RepDavidTrone) April 30, 2024


Rep. Andy Harris (R-MD)

Removing restrictions on an addictive gateway drug like Marijuana is a dangerous mistake. Numerous studies, including a recent and reputable study published by JAMA, points to the negative impact recreational marijuana has on the body and brain.

If the Biden Administration… https://t.co/lcPkO5MaA1

— Rep. Andy Harris, MD (@RepAndyHarrisMD) April 30, 2024


Rep. Ilhan Omar (D-MN)

Good.

There's no reason for marijuana to be treated in the same class as heroin.

This is an important step to begin undoing the racist, failed policy of the War on Drugs. https://t.co/JLVQnDAHPu

— Ilhan Omar (@IlhanMN) April 30, 2024


Rep. Dina Titus (D-NV)

I applaud @DEAHQ for reclassifying marijuana, allowing researchers to more easily study the uses and benefits of medical marijuana.

Additionally, legal cannabis businesses in Nevada will now be able to operate with less tax burden and contribute more to local economies.

— Dina Titus (@repdinatitus) May 1, 2024


Rep. Jamaal Bowman (D-NY)

How it started vs. how it’s going!! 🔥

We’ve been calling for marijuana to be declassified as a level one drug since day 1. Now it’s time for @POTUS to finally make it happen!https://t.co/Jdo7QqlXv0https://t.co/aLi9ZwgGoe

— Congressman Jamaal Bowman (@RepBowman) April 30, 2024


Rep. Dwight Evans (D-PA)

As a longtime supporter of legalizing #cannabis, I’ve also supported this more limited first step – and I continue to urge the Biden administration to make this change! @SecBecerra@TheJusticeDept@DEAHQhttps://t.co/AvqKR92K6i

— Congressman Dwight Evans🟧 (@RepDwightEvans) April 30, 2024


Rep. Haley Stevens (D-MI)

Yesterday we learned the Biden Administration may reclassify marijuana, which will drastically address egregious injustices that have largely impacted Black and Brown communities across the country.

— Rep. Haley Stevens (@RepHaleyStevens) May 1, 2024


In Michigan we legalized marijuana the year I was elected to Congress.

Reclassifying will also pave the path for safe banking and overturning wrongful convictions.

As usual, thank you @POTUS for leading!

— Rep. Haley Stevens (@RepHaleyStevens) May 1, 2024


Rep. Cori Bush (D-MO)

This is an important shift from our government’s failed approach to marijuana.

Now let's fully deschedule and legalize it, expunge all criminal records for marijuana offenses, and end the racist War on Drugs. https://t.co/uAqTDkQ2Mu

— Congresswoman Cori Bush (@RepCori) May 1, 2024


Rep. Marc Veasey (D-TX)

We may be a few weeks past 4/20, but better late than never for this important step forward. Thank you, @POTUS. https://t.co/D0dzJHInJ3

— Rep. Marc Veasey (@RepVeasey) May 1, 2024


Rep. Scott Peters (D-CA)

I've long supported removing marijuana from the Controlled Substances Act. While Congress still needs to act, it's a step in the right direction and will make it easier for places like @UCSanDiego's Center for Medicinal Cannabis Research to study marijuana's therapeutic uses. https://t.co/yK4BGFPWWW

— Rep. Scott Peters (@RepScottPeters) May 1, 2024


Sen. Gary Peters (D-MI)

This is very welcome news — and good policy.

Michigan legalized cannabis in 2018, and I'm excited to see this important step taken towards nationwide legalization. https://t.co/Fx2gUZP1Dm

— Senator Gary Peters (@SenGaryPeters) April 30, 2024


Rep. Jan Schakowsky (D-IL)

Let's keep this momentum going. We must decriminalize marijuana once and for all and fix the harm caused by 50 years of failed drug policies.

I'm grateful that @POTUS is working to ensure we don't repeat the mistakes of the past.

— Jan Schakowsky (@janschakowsky) April 30, 2024


Rep. Becca Balint (D-VT)

Good news. There's no reason for marijuana to be treated the same as heroin. This is a step in the right direction toward resolving over 50 years of failed, racially discriminatory marijuana policy. https://t.co/PdOBPjOOqT

— Rep. Becca Balint (@RepBeccaB) April 30, 2024


Rep. Rep. Nikki Budzinski (D-IL)

The federal government shouldn't be restricting the freedoms of responsible adults. I'm glad to see the @DEAHQ taking a step into the 21st century and classifying marijuana more appropriately. Let's finish the job and legalize it under federal law.https://t.co/g3Y0KcmLgm

— Rep. Nikki Budzinski (@RepNikkiB) April 30, 2024


Rep. Chris Deluzio (D-PA)

About time: treating marijuana the same as heroin never made any sort of sense.https://t.co/5WrcHwNtBr

— Congressman Chris Deluzio (@RepDeluzio) April 30, 2024


Rep. Brittany Pettersen (D-CO)

.@POTUS taking a big step forward to reclassify marijuana, which will have a huge impact on people across the US and on Colorado businesses.

Most importantly, reclassification will help us reduce the continued criminalization of people using marijuana. https://t.co/BBK8yXfCvk

— U.S. Rep. Brittany Pettersen (@RepPettersen) April 30, 2024


Minnesota Democratic-Farmer-Labor Party

It’s never made sense to treat cannabis like cocaine. DFL leaders at the #mnleg already legalized cannabis in MN, and this is a huge step in the right direction at the national level. https://t.co/5qhzrzH6u4

— Minnesota DFL Party (@MinnesotaDFL) April 30, 2024


Advocates and associations

NORML

“It is significant for these federal agencies, and the DEA and FDA in particular, to acknowledge publicly for the first time what many patients and advocates have known for decades: that cannabis is a safe and effective therapeutic agent for tens of millions of Americans,” NORML Deputy Director Paul Armentano said.

“The goal of any federal cannabis policy reform ought to be to address the existing, untenable divide between federal marijuana policy and the cannabis laws of the majority of US states,” he said. “Rescheduling the cannabis plant to Schedule III fails to adequately address this conflict, as existing state legalization laws—both adult use and medical—will continue to be in conflict with federal regulations, thereby perpetuating the existing divide between state and federal marijuana policies.”

Marijuana Policy Project (MPP)

“This is a positive step forward for federal cannabis policy, however it is a rather modest step given the strong support among American voters for comprehensive cannabis reform,” Matthew Schweich, executive director of MPP, said. “It is important to acknowledge that this rescheduling would not affect the criminalization of medical cannabis patients and cannabis consumers under state laws – so we must continue the work of enacting sensible and fair cannabis legalization and medical cannabis laws through state legislatures and ballot initiatives.”

Drug Policy Alliance (DPA)

“Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling,” Cat Packer, director of drug markets and legal regulation at DPA, said.

“We all deserve a federal framework for marijuana that upholds the health, wellbeing, and safety of our communities–particularly Black communities who have borne the brunt of our country’s racist enforcement of marijuana laws,” she said. “Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won’t address the disproportionate impact that it has had on Black and Brown communities.”

“The individuals, families and communities adversely impacted by federal marijuana criminalization deserve more. Workers in the marijuana industry, people who use marijuana, all of us deserve more. Congress and the Biden Administration have a responsibility to take actions now to bring about marijuana reform that meaningfully improves the lives of people who have been harmed by decades of criminalization. Descheduling and legalizing marijuana the right way isn’t just good policy, it’s popular with voters, too.”

National Cannabis Industry Association (NCIA)

“Moving marijuana out of its absurd classification as a Schedule I drug is long overdue and we applaud the administration for finally acknowledging the therapeutic value that has been widely accepted by the medical community and millions of medical cannabis patients for decades,” NCIA CEO Aaron Smith said.

“While this is undoubtedly a very positive first step, rescheduling will not end federal marijuana prohibition and doesn’t harmonize federal law with the laws allowing some form of legal cannabis in the vast majority of the states,” he said. “In order for this move to be meaningful on the ground, we need clear enforcement guidelines issued to the DEA and FDA that would ensure the tens of thousands of state-licensed businesses responsibly serving cannabis to adults are not subject to sanctions or criminal prosecution under federal laws.”

U.S. Cannabis Council (USCC) 

“The US Cannabis Council strongly supports the move by the DEA to reclassify cannabis at a lower level under the Controlled Substances Act. President Biden and his Administration should be commended for recognizing that cannabis was wrongly classified as a Schedule I controlled substance and pursuing an administrative review to reclassify it,” USCC Executive Director Edward Conklin said.

“The proposed DEA rule implements the recommendations of the Department of Health and Human Services, which were based on an extensive scientific review by the Food and Drug Administration,” he said. “Once finalized, the reclassification of cannabis to Schedule III will mark the most significant federal cannabis reform in modern history and place the nation on a clear path toward our ultimate goal of federal legalization.”

Last Prisoner Project (LPP)

“Last Prisoner Project believes that complete descheduling and full legalization of cannabis is a necessary step towards correcting past injustices and creating a fair and equitable criminal legal system,” LPP Executive Director and General Counsel Sarah Gersten said.

“We will continue to work tirelessly to ensure that individuals burdened with past cannabis convictions have their records expunged and that all cannabis prisoners are released, regardless of the federal scheduling decision,” she said. “Despite not achieving full legalization, we must use this historic moment to push the fight for cannabis justice forward and we intend to do so by leveraging this reclassification for broader criminal legal reforms.”

Coalition for Cannabis Policy, Education, and Regulation (CPEAR)

“The federal prohibition of cannabis is centered first and foremost on its unique danger to society. The DEA has just recognized that those dangers were comparatively and empirically overblown,” Andrew Freedman, executive director of CPEAR, said. “It is time that the federal government got more nuanced about its approach to cannabis, especially as states legalize and Americans openly admit to using the product.”

National Cannabis Roundtable (NCR)

“While NCR continues to call for federal action to address criminal justice reform and empower existing state programs, rescheduling marks a monumental shift in federal cannabis policy as our fight to end prohibition continues,” NCR Executive Director Saphira Galoob said.

“We applaud President Biden for his courage and leadership in setting this process in motion, and we thank the due diligence of the DOJ and HHS in carrying out this process and coming to a decision based soundly in science that we hope to see swiftly finalized, opening up the doors for further important medical research and alleviating the insurmountable tax burden imposed under 280E,” she said.

“This is critical for state legal cannabis businesses to be treated with fairness and to have the resources needed to reinvest in their workforce and community – and to survive the threat the illicit market poses to the regulated market and public safety. But we know our work does not stop here, particularly when it comes to righting the wrongs of the War on Drugs. While we celebrate progress today with this historic news, we remain committed to continuing the conversations with our federal partners to enact additional cannabis reforms that are long overdue–starting with getting SAFE Banking passed this year and ultimately ending the harmful and misguided policy of federal prohibition.”

American Trade Association for Cannabis and Hemp (ATACH)

“In proposing to move cannabis down from Schedule I to Schedule III–a federal ranking signifying the abuse potential of a drug–the DEA will reverse decades of failed drug policies which have devastated countless lives,” ATACH President Michael Bronstein said.

“Cannabis is not the same as heroin, fentanyl or opium, which are Schedule I drugs,” he said. “Today the federal government recognizes the medical use of cannabis, its low potential for abuse, and takes a science-based approach to public health.”

Iraq and Afghanistan Veterans of America

#Breaking: IAVA Applauds DEA’s Recommendation on Cannabis, Urges Swift Action by Admin. on Rescheduling

CEO @jaslow called it “the type of leadership that post-9/11 generation veterans have been thirsting for for years.” #IAVALeads

Full release here: https://t.co/4EywCawMPR

— IAVA (@iava) April 30, 2024


Industry Stakeholders

Curaleaf 

“Today’s decision by the DEA to reschedule cannabis to Schedule III is one of the most monumental developments that cannabis has seen in years and is a crucial step in undoing the harms caused by the failed and discriminatory War on Drugs,” Curaleaf CEO Matt Darin said. “We are thankful to President Biden and his Administration for helping to push this process forward. This ruling reflects evolving attitudes towards the plant, recognizing its well-documented therapeutic value and medicinal applications.

“It’s very clear that the country is ready for this step, given that 92 percent of Americans are now in support of legalization in some form,” he said. “As the cannabis industry undergoes regulatory transformations, Curaleaf remains committed to collaborating with regulatory authorities, industry members, and the broader community to ensure the responsible and sustainable growth of the cannabis sector. The future for the cannabis industry is real and we look forward to seeing what 2024 has in store.”

Acreage Holdings

“Acreage strongly applauds the DEA’s decision to reclassify cannabis as a Schedule III substance under the Controlled Substances Act,” Dennis Curran, CEO of Acreage Holdings, said. “For far too long, restrictive policies have stifled the scientific examination of the plant’s many healing capabilities.”

“With this massive hurdle removed, more research can be done to learn about the medical efficacy of cannabis and the positive impact that it can have on the health and wellness of millions of people across the country,” he said. “With this monumental move also comes the elimination of 280E, which has burdened cannabis businesses and kept the industry from reaching its full potential. Finally, cannabis operators will be able to compete and operate on a more level playing field with other businesses in the country.”

TerrAscend

“Today’s news is a critical first step towards aligning US cannabis laws with scientific evidence,” Jason Wild, executive chairman at  TerrAscend, said. He added that the company “looks forward to the positive impact that today’s news will have on patients, consumers, and the industry.”

Vicente LLP

“This is a remarkable about-face by the DEA, which spent decades denying the true medical value of the cannabis plant,” Brian Vicente, founding partner of Vicente LLP, said. “Vicente LLP has been at the forefront of cannabis policy reform for more than a decade and actively engaged in the Coalition for Cannabis Scheduling Reform, which strongly advocated for removing cannabis from Schedule I.”

“While a strong case can be made for removing cannabis from the federal drug schedules entirely, rescheduling marks a huge step forward for commonsense cannabis policy in our country,” he said. “This action will have massive impacts, both practically for the cannabis industry and symbolically for the reform movement. We have entered a new era of dialogue and policy around this historically maligned plant.”

Sunburn Cannabis

“This is one of the most historic moments in the decades-long fight to end the US government’s failed war on the cannabis plant,” Brady Cobb, CEO of Sunburn Cannabis, said.

“Cannabis has never belonged on Schedule 1 with drugs like cocaine and heroin or as President Biden noted on a more restrictive schedule than fentanyl, and the move to Schedule III is the first real step towards meaningful reform,” he said. “A tremendous amount of work has been done by so many people, and while I’ve been critical of the Biden administration on the timing of this move, credit is due for actually making it happen. Onward.”

Wine & Spirits Wholesalers of America (WSWA)

“While today’s reported landmark decision to reclassify cannabis is a step in the right direction to ending the conflict between state and federal law, it further underscores the need for Congress to take critical action and create a clear, comprehensive federal regulatory structure that protects public health and safety and empowers states to regulate cannabis products,” WSWA said.

“Since the enactment of the 21st Amendment, a safe, consumer-centric and economically vibrant marketplace has developed—one that serves the dual needs of regulators and consumers. WSWA continues to strongly believe that the core features of federal alcohol regulation should be the model upon which to build a federal cannabis regulatory system.”

Opponents

Smart Approaches to Marijuana (SAM)

Smart Approaches to Marijuana (SAM) President Dr. @KevinSabet issued the following statement today in response to reporting that the Biden Administration has proposed a decision to reverse decades of policy and reduce federal restrictions on marijuana… pic.twitter.com/kDtu4nfO4c

— SAM (@learnaboutsam) April 30, 2024


Drug Free America Foundation

This decision is anti-science & harmful to public health & safety. The FDA rescheduling review that supported this decision was flawed. The Biden Admin didn’t even consider the impact that marijuana use has on pregnant women & their babies in the analysis. #MarijuanaKnowTheTruthhttps://t.co/fnZH3cCTdt

— DrugFreeAmerica (@DrugFreeAmerica) April 30, 2024


Photo courtesy of Philip Steffan.

 
 
 

Minnesota’s Department of Public Safety posted an update on the state’s mandated expungement of thousands of marijuana-related criminal records on Thursday, saying employees are “hard at work” to implement the automatic expungement process that was mandated under the legalization law signed by the governor last May.

In the interim, the state has added a new notice to all criminal history records, essentially letting reviewers know that certain marijuana records that appear on records checks may be pending expungement.

An initial analysis showed that more than 66,000 criminal records are eligible for automatic expungement under the Adult-Use Cannabis Act, the department’s Bureau of Criminal Apprehension (BCA) announced in June, while another 230,000 felony records are eligible for review by the Cannabis Expungement Board.

Additional criminal records will be expunged under the Clean Slate Act, a separate law passed last year that will automatically expunge records for non-violent, non-felony crimes beginning in January 2025. The department didn’t specify whether that would include any cannabis-related offenses not already eligible for expungement under the Adult-Use Cannabis Act, which affects records of activity made legal under the policy change.

“The BCA’s work to enable the automatic expungements of cannabis-related records is well underway,” the department said. “We have more than a dozen staff and contractors working to automate expungement of cannabis- and Clean Slate-related records. We’re continuing to analyze rules for identifying records and notifying law enforcement agencies and the Minnesota Judicial Branch.”

Our @MNDPS_BCA division is implementing a pair of decisions by #mnleg that requires expungement of certain criminal history records. Under the Adult-Use Cannabis Act and Clean Slate Act, eligible records will be expunged, removing them from public view. https://t.co/0gSpLZdet2pic.twitter.com/EefIxKYegq

— MnDPS_DPS (@MnDPS_DPS) January 4, 2024


At the same time, the department said, staff have also begun developing “certain changes that will be required to be made” to the state’s Criminal History System (CHS) website.

Ahead of those changes, the officials have flagged all criminal history records in the database with language informing anyone viewing the record that certain cannabis-related incidents are pending expungement.

“While we continue to work on changes to CHS to make these expungements possible,” the update says, “we have added language to all criminal history records to indicate that a record may contain information about an act that is no longer illegal in Minnesota.”

Here’s what the new language being attached to records says:

“Minnesota Session Laws – 2023, Chapter 63, Article 5 requires automatic expungement of certain cannabis-related offenses effective August 1, 2023. While the Criminal History System is being updated to support the changes, an individual’s record may include cannabis-related offenses that are eligible for automatic expungement. In addition, an individual’s record may include cannabis-related offenses that are eligible for review by the Cannabis Expungement Board. The Board will determine whether the offense meets the criteria for resentencing or an order of expungement through the Judicial Branch.”

The language will remain in place “until work to complete the automatic expungement of qualifying records is completed.”

Expungements are slated to begin in mid-2024, the department said, “and we expect Clean Slate-related expungements will be implemented to meet the 2025 deadline.”

Meanwhile, Minnesota cannabis regulators are gearing up for rulemaking around the state’s forthcoming retail cannabis market, expected to open in 2025. The Office of Cannabis Management has been circulating a series of surveys meant to incorporate public input.

For now, adults 21 and older can already legally use, possess and grow marijuana for personal use under the new law. In August, Gov. Tim Walz (D) clarified that homegrown cannabis cannot be sold commercially.

Minnesota’s cannabis law also allows tribes within the state to open marijuana businesses before the state begins licensing traditional retailers, and some tribal governments have already entered the legal market. The Red Lake Band of Chippewa Indians, for example, opened its medical dispensaries to adult consumers in August and announced plans to launch a mobile retail vehicle to sell marijuana at locations across the state.

The White Earth Nation tribe also launched an adult-use cannabis shop, with its governing council voting to authorize marijuana sales in July. The Leech Lake Band of Ojibwe has also moved to legalize.

Marijuana Moment is tracking more than 900 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.—

In September OCM hit a noteworthy snag after Erin DuPree, a cannabis industry consultant whom the governor picked to lead the state agency, stepped down after one day of work following a Star Tribune report that her hemp shop allegedly sold illegal products. Lab results reportedly showed elevated THC levels and the presence of banned synthetic ingredients.

That same month, the Minnesota Supreme Court ruled that the odor of marijuana, on its own, does not establish probable cause for police officers to search a vehicle.

Even before the governor signed the reform bill, the state launched a website that serves as a hub for information about the new law. Officials have also already started soliciting vendors to help build a licensing system for recreational marijuana businesses.

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The mayor of Minneapolis has issued an executive order making the criminalization of possession, use and cultivation of psychedelics the city’s lowest law enforcement priority and generally preventing local resources from being used to aid federal and state actions against the substances. The chief of police says he stands with the mayor and will direct officers accordingly.

Mayor Jacob Frey (D) signed the order on Friday, sending a strong message that the city does not consider substances like psilocybin to be deserving of criminalization.

This comes about two months after Minnesota Gov. Tim Walz (D) signed a bill that included provisions to create a psychedelics task force meant to prepare the state for possible legalization.

The local executive order, meanwhile, echoes language that numerous cities across the U.S. have adopted, deprioritizing enforcement of laws against entheogenic substances at a time when there’s increased interest in their therapeutic potential for serious mental health conditions like depression and addiction.

This is the first time, however, that a mayor has unilaterally enacted the reform.

“Regardless of the stigma attached, when you look at the science behind the benefits of entheogens, it all points in one direction,” Frey said in a press release. “Experts are telling us that these plants help people, and that’s the business we should be in—helping people.”

“With a rise in deaths of despair in our city, and in our society, the data is showing that these plants can help be a remedy,” he said. “That’s the message I hope this executive order sends elsewhere.”

I also applaud leaders at the #mnleg who are studying how to move forward with legalizing medicinal psychedelics. Experts have said that there are medical applications of psychedelics that can help people with conditions like chronic depression & anxiety.

— Jacob Frey (@Jacob_Frey) July 21, 2023


The whereas section of the order, which was first reported by The New York Times, says that psychedelic plants and fungi “have been shown by scientific and clinical studies to be beneficial to the health and well-being of individuals and communities in addressing these conditions.”

While the executive order covers a wide range of psychedelics—”indole amines, tryptamines, and phenethylamines; including, but not limited to, psilocybin mushrooms, ayahuasca tea, mescaline, and iboga”—it specifically excludes peyote “in order to respect and protect access to these sacred plant medicines of the Native America Church.”

The directive also acknowledges that various cities across the country have already taken this step, including Oakland, Detroit, Washington, D.C., Seattle and San Francisco.

Frey’s order makes it so “the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the federal Schedule 1 list shall be the lowest law enforcement priority for the City of Minneapolis.”

“Unless required by law, City resources shall not knowingly be used in any investigation, detention, or arrest arising out of alleged violations of state and federal law for engaging in the above-referenced activities,” it says.

The directive concludes by noting that it “does not prohibit the exercise of prosecutorial discretion or legalize any unlawful activities related to Entheogenic Plants, nor does it authorize or enable, or apply to the enforcement or prosecution of, any of the following activities: commercial sales or manufacturing of these plants and fungi, possessing or distributing these materials in schools, driving, operating or being in physical control of a motor vehicle or possessing a weapon while under the influence of these materials, or the commission of any public disturbance.”

While some law enforcement officials elsewhere have balked at local decriminalization policies, the chief of the Minneapolis Police Department said he backs the mayor’s decision.

“I recognize that many of our community members see benefits in using these natural substances for health or religious purposes, and with this Executive Order, Mayor Frey has directed the Minneapolis Police Department to join agencies nationwide in continuing to deemphasize law enforcement activities related to use of entheogenic plants,” Chief Brian O’Hara said. “I stand with the mayor in support of this action and will ensure the MPD continues to maintain the safety of all residents and community members.”

Kurtis Hanna, a public policy and government relations specialist at Blunt Strategies, told Marijuana Moment that he worked with Frey on a local cannabis decriminalization measure that was enacted when the now-mayor served on the City Council, saying the new reform “removes yet another brick from the wall of drug prohibition in Minnesota.”

“People use drugs in an effort to find happiness,” he said “It seems fitting for this directive to have been issued shortly after the 4th of July, a holiday in which Americans celebrate the signing of a document which declares the pursuit of happiness to be an inalienable right, not a felony crime.”

Jessica Nielson, an assistant professor at the University of Minnesota and founding member of the DecriMN Coalition, said that this action is “an important first step to undo all the harms inflicted from the war on people who use drugs, which was created to target brown and black people.”

“These natural medicines and their use by Indigenous peoples predate any of these laws,” she said. “Individual liberty over one’s own health and consciousness is essential to a well community, as is the community healing that can occur with these entheogens.”

Councilmember Andrew Johnson added that deprioritization “is a great step, and it’s exciting to see Minneapolis among the leading cities calling for a commonsense approach in light of all the data.”

At the state level, the psychedelics task force that’s being formed under a new law signed by the governor will be responsible for advising lawmakers on “the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state.”

The state is also gearing up for the implementation of a marijuana legalization law that Walz signed in May.

State Marijuana Associations Rally To Urge Marijuana Banking Vote ‘Without Further Delay’

 
 
 

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