Public Comment Period on Marijuana Rescheduling Proposal Ends, Thai Government Backtracks on Marijuana Recrimin, More... (7/24/24)

The House Rules Committee has again blocked marijuana reform amendments to a must-pass spending bill, public comments on marijuana rescheduling suggest strong support for scheduling it, and more.

All eyes are on the DEA as it now heads toward issuing a "final rule" on marijuana rescheduling.

Marijuana Policy

House Rules Committee Again Blocks Amendments to Prevent Marijuana Testing of Federal Job Applicants. On Monday, the GOP-led House Rules Committee voted to block a pair of marijuana amendments from floor consideration, this time blocking proposals within the omnibus spending bill for the Department of Interior and related agencies. The amendments would have blocked the agencies from using federal funds to test federal job applicants for marijuana.

The amendments came from Rep. Robert Garcia (D-CA), who has filed numerous marijuana-related proposals within funding bills this year. The Rules Committee has blocked them all from advancing to the House floor.

Last month, the Rules Committee rejected multiple marijuana-related amendments to spending bills, including three from Garcia. However, the committee did allow amendments to the Veterans Affairs spending bill that would allow VA doctors to recommend medical marijuana to veterans and to support psychedelic research and access. That spending bill has now passed the House.

Marijuana Rescheduling Enters Next Phase as Comment Period Closes. The period for public comment on the proposed rescheduling of marijuana has ended, and the Drug Enforcement Administration (DEA) moves on to the next phase of the process, evaluating the tens of thousands of comments received. DEA will also identify any issues of legality or fact raised during the process and could issue public responses to some comments.

More than 40,000 people and organizations submitted comments in the 60 days allotted.

How fast the process moves now depends on several factors, including whether the administration decides to hold an administrative hearing on the proposal, which a number of marijuana reform opponents have already demanded. Once DEA publishes a "final rule," the next major step in the process, opponents will then have 30 days to file a lawsuit, potentially delaying any change even further.

Once the DEA decides to publish a "final rule," the next major milestone in the process, a 30-day period for opponents to file a lawsuit will be triggered, potentially delaying progress even further.

Majority of Public Comments on Marijuana Rescheduling Supported Completely Descheduling It. Two analyses of the more than 40,000 public comments submitted in response to the Biden administration's proposed rescheduling of marijuana to Schedule III of the Controlled Substances Act (CSA) found that a solid majority of them went beyond the DEA proposal and called for completely descheduling marijuana by removing it from the CSA.

A report from the industry analytics firm Headset found that 57 percent of comments supported complete descheduling of marijuana, while 35 percent agreed with the Biden administration's proposed rescheduling to Schedule III. Only 8 percent of commenters thought marijuana should remain at Schedule I.

"These numbers paint a clear picture: over 9 out of 10 individuals who took the time to comment believe that cannabis should not remain a Schedule I substance," Headset said in a comment on the results. "Moreover, the majority of commenters went beyond the proposed rescheduling to Schedule III, arguing for complete removal from the controlled substances list."

Headset also noted that the number of public comments "has shattered previous DEA records, surpassing even the highly contentious 2020 telemedicine rules that garnered approximately 38,000 comments." The rescheduling proposal drew nearly 43,000 comments.

Separately, an analysis from the Drug Policy Alliance (DPA) found that 69 percent of comments "support federally decriminalizing marijuana or descheduling it."

Specifically, 69.3 percent of comments "support descheduling, decriminalizing, or legalizing marijuana at the federal level," DPA said.

DPA also found that 42.4 percent mentioned the need for federal marijuana reform "to advance racial justice or social equity." The comments represent a demand from the American people that "the Biden Administration do more to deliver on the marijuana reforms that communities deserve -- and that President Biden and Vice President Harris themselves have promised on numerous occasions," said Cat Packer, DPA director of regulatory affairs.

"Our analysis of public comment data shows that not only do over two-thirds of Americans who participated in the public comment process demand more than just rescheduling, but 42% recognize that ending federal criminalization is key to achieving racial justice and social equity," Packer said. "This is something that the Biden Administration has repeatedly identified as a priority in their marijuana reform efforts."

International

Thai Government Backtracks on Recriminalizing Marijuana. The Thai government appears to be backing away from a vow to prohibit recreational marijuana use after it started causing fissures in the administration. Interior Minister Anutin Charmvirakul, head of the Bhumjaithai Party, told reporters Monday that Prime Minister Srettha Thavisin has agreed to discuss plans for a bill to regulate the sale and use of marijuana rather than banning it.

"I would like to thank the prime minister for considering this issue and deciding to enact an act," said Anutin. His party was a main backer of decriminalization in 2022.

Anutin said his party will submit a draft bill and that other political parties may also do so. Prime Minister Srettha was elected on a campaign promise to roll back the marijuana reforms and his administration moved this month to reclassify marijuana as a narcotic. The Narcotics Control Board was set to meet on Monday on the matter, but that meeting was delayed after Anutin and Srettha met to discuss the issue.

Srettha's grip on his coalition government is weak, however, and Anutin and his party made marijuana decriminalization a centerpiece of their platform. Tensions in the government look like they are going to block marijuana recriminalization.