A Republican congressman retracted an amendment he had proposed to the fentanyl bill, which was intended to undermine the marijuana rescheduling procedure.
Rep. Andrew Clyde, R-GA, filed this measure in an attempt to attach it to a bill that would criminalize fentanyl. The amendment would’ve stripped the U.S. attorneys general of their authority to help with drug scheduling and prevented the use an updated scientific review standard used for “currently acceptable medical uses” in the cannabis rescheduling proposals that are still pending.
Clyde, for reasons unknown, retracted his amendment before a House Rules Committee Meeting on Tuesday, for the Halt all Lethal Trafficking in Fentanyl Act (or HALT Fentanyl Act).
While the underlying bill would also streamline research into Schedule I drugs like marijuana and certain psychedelics—in addition to increasing penalties related to fentanyl-related offenses—the congressman’s amendment would have stipulated that the attorney general delegate scheduling decisions to the administrator of the Drug Enforcement Administration (DEA), further specifying that he or she “may not delegate any such functions [of drug scheduling] “Any other employee or officer of the Department of Justice.”
It was a response, it seemed to me, to critics who criticized the Biden administration’s decision to change marijuana’s Schedule I classification to Schedule 3 of the Controlled Substances Act.
Historically the DEA head has signed off on any proposed rescheduling rule. The former Attorney General Merrick G. Garland in this instance approved the rule, which led some to suspect that the DEA was against it even though he had been designated as its “proponent”.
Last May, Clyde and Rep. Ben Cline (R-VA) demanded that then-DEA Administrator Anne Milgram answer questions about why she broke “decades of precedent” by not signing a proposed marijuana rescheduling rule.
Clyde amended the HALT Act to this end. It stated, “Before the Federal Register publishes any final or proposed rule regarding the scheduling of any substances, the rule has to be signed and approved by the Drug Enforcement Agency Administrator. The rule does not have force or affect unless the rule is approved.”
It could have created a dilemma for supporters under the leadership of President Donald Trump. Acting Administrator Derek Maltz subscribes to the “gateway drug” theory for marijuana and believes most people living in states that have legalized cannabis will continue to obtain it from illicit sources such as cartels due to high taxes in regulated markets, for example.
The Clyde amendment also took aim at the revised review process that led to the Schedule III recommendation for cannabis, instructing that any determination about a drug’s medical value “meets the five criteria specified in the rule” that was used to deny a petition to reschedule cannabis that was published by DEA in 1992.
The proposal, in other words would have restored more rigorous review criteria which has kept cannabis on Schedule I for many decades.
In the past, the government has relied on that five-part test to determine whether a substance meets the standard for having currently accepted medical use—one that looks at a drug’s chemistry, available health data and other details. In 2023, however, in order to evaluate the proposed rescheduling of cannabis by the Biden Administration, the U.S. Department of Health and Human Services introduced a simplified, two-step approach that ultimately led them to the conclusion that marijuana belongs on Schedule III.
Last May, DOJ’s Office of Legal Counsel (OLC) said the prior five-part test was “impermissibly narrow” and said the two-part review “is sufficient to establish that a drug has CAMU even if the drug has not been approved by FDA and would not satisfy DEA’s five-part test.”
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts, as well as our hearing calendar.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
Meanwhile, although the HALT Act is primarily meant to escalate criminalization over fentanyl-related offenses, advocates have pointed out that the legislation—which cleared a congressional committee in March 2023—would also revise requirements for researchers interested in studying any Schedule I drugs.
Researchers will be allowed to manufacture a limited amount of Schedule I drugs. This could help address concerns about how marijuana, psychedelics, and other substances have been classified.
Some of the research provisions of the bill are similar to those contained in a marijuana-focused measure that former President Joe Biden signed into law in 2022, giving the U.S. attorney general 60 days to either approve a given application or request supplemental information from a prospective research applicant. This bill creates an easier way for scientists to obtain larger amounts of cannabis.
Virginia’s legislature has now voted to legalize recreational marijuana sales in both chambers
Side Pocket Images. Image courtesy Chris Wallis.
MEDCAN24 would not be possible without the support of readers. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
