Democratic members of Congress announced that they have introduced a new bill which would lift a ban that prevents the White House’s drug czar to advocate for legalization of cannabis or any other Schedule I drug under the Controlled Substances Act.
At a Last Prisoner Project (LPP) event outside the Capitol on Tuesday, Reps. Dina Titus (D-NV) and Ilhan Omar (D-MN)—co-chairs of the Congressional Cannabis Caucus—talked about the group’s legislative priorities for marijuana reform. The new legislation will be accompanied by bipartisan legislation that ends federal prohibition of marijuana in states where it is legal and allows the cannabis industry access to banking services.
The “Evidence-Based Drug Policy Act”, proposed by lawmakers, would target a federal law that prohibits the Director of the White House Office of National Drug Control Policy from promoting Reform around Schedule I Drugs.
According to current law, no money can be provided for “any studies or contracts relating to legalization” (whether for a medical or other purpose) of a drug listed on Schedule I. The director of the ONDCP is also required to take “such actions as are necessary to resist any attempts to legalize a substance in any form that has been placed in Schedule I and that the FDA has not approved to use medically.
This two-page Bill would repeal that statutory text found at section 704b(12) (of the ONDCP Reauthorization Act).
Titus, who spoke on Tuesday said that the bill would “remove outdated limitations which are simply absurd.”
The government has prohibited them from sponsoring any kind of research on Schedule I drugs. She said, “They can’t talk about it to demonstrate how absurd is.” They have to oppose legalization for any Schedule I substance and FDA-unapproved substances. We are trying to eliminate that prohibition.
Marijuana’s legalization is not a new issue. Titus asserted that marijuana legalization is an issue of great importance. “So if we can get rid of that policy, we can begin to do research on some of the advantages, or how marijuana can be used and what are the medical implications so when they say, ‘Oh, we don’t know—we don’t know what it’ll do, it might be dangerous’—you can counter that with good research.”
It is unclear whether the recently appointed Trump Administration drug czar will exercise his authority under the law to promote reform if it were passed. Sara Carter, ONDCP’s Director, previously described medical marijuana as a “fantastic treatment” for patients with serious illnesses. However, she said she didn’t “have a problem” with legalization – even if personally she disagreed with it.
Omar claimed in a recent press release that stigma had shaped the drug policies of our nation.
She said, “The American public supports cannabis reform overwhelmingly. Yet the federal government continues tying the hands of their own experts.” “The Evidence-Based Drug Policy Act” is about updating our laws to the 21st Century, and ensuring the Office of National Drug Control Policy’s ability to do their job based on facts rather than outdated ideology. “We need drug policies that reflect reality in all states and follow science.”
A wide variety of organizations are also supporting the legislation, including: Drug Policy Alliance, Nevada Cannabis Association and National Cannabis Industry Association. Other groups include: NORML and Marijuana Policy Project.
“The Drug Policy Alliance is proud to support the Evidence-Based Drug Policy Reform Act because it removes unnecessary barriers to ensure that the Office of National Drug Control Policy is empowered to develop drug policy based on evidence, not outdated political mandates,” Cat Packer, director of drug markets & legal regulation at DPA, said.
“To advance policies that support public health, promote fairness, and meet the needs of the American people, ONDCP must be free to study the full range of public policy approaches—including the impacts of cannabis policy changes such as legalization and regulation,” she said.
Titus discussed separately, on Tuesday, another bill which she has recently introduced with her fellow Cannabis Caucus chair Rep. Dave Joyce. (R-OH), titled the Strengthening the Tenth Amendment by Entrusting States 2.0 Act.
“This just says, ‘Let the federal government get out of the way,'” she said. “The state are moving on. Referenda are the way they do it. The state legislatures do it. Why does the federal government seem to be so slow?”
A congresswoman noted she had sent recently a letter to leaders in congressional appropriations calling for language to add to legislation prohibiting the use of DOJ funding to interfere with any state marijuana program.
She said, “We need to make sure they cannot undo anything.” The progress is stagnant in the executive branch. Trump’s campaign promises have not been fulfilled. “It’s our job to push this through in Congress.”
This appeared to refer to Trump’s support for marijuana rescheduling, and the industry access to banking before his election win in November. In the months since, Trump has been notably silent on the issue—and the DEA rescheduling process remains stalled.
Omar, speaking at the LPP’s event held on Tuesday, said: “We need to decriminalize marijuana nationwide.” We must remove federal cannabis convictions. We also need to invest in those communities that are suffering from these policies.
Meanwhile, former Rep. Matt Gaetz (R-FL), Trump’s first pick for U.S. attorney general before he withdrew from consideration, said on Monday that there’s a “winning coalition” of libertarian-leaning Republicans and Democrats to federally legalize marijuana—but only if Democrats drop their push for social equity and “reparations.”
Trump chose former Florida Attorney Pam Bondi to be the new head of DOJ after Gaetz resigned. And, Senate approved this decision. Bondi did not reveal during the confirmation hearings how she intended to handle marijuana policy. She also opposed medical cannabis legalization as the state’s attorney general.
Adding to the uncertainty around the fate of the rescheduling proposal, Trump’s nominee to lead DEA, Terrance Cole, has previously voiced concerns about the dangers of marijuana and linked its use to higher suicide risk among youth.
Meanwhile, although shutting down licensed marijuana dispensaries doesn’t “rise to the top” of his priorities, a U.S. attorney who recently warned a Washington, D.C. cannabis shop about potential federal law violations says his “instinct is that it shouldn’t be in the community.”
Separately last week, an activist who received a pardon for a marijuana-related conviction during Trump’s first term paid a visit to the White House, discussing future clemency options with the recently appointed “pardon czar.”
A marijuana industry-backed political action committee (PAC) also has released a series of ads over recent weeks that have attacked Biden’s cannabis policy record as well as the nation of Canada, promoting sometimes misleading claims about the last administration while making the case that Trump can deliver on reform.
Its latest ad accused former President Joe Biden and his Drug Enforcement Administration (DEA) of waging a “deep state war” against medical cannabis patients—but without mentioning that the former president himself initiated the rescheduling process that marijuana companies want to see completed under Trump.
The current acting administrator of DEA, Derek Maltz, has separately made a series of sensational claims about marijuana, calling it a gateway drug that sets children up to use other substances, suggesting marijuana use is linked to school shootings and alleging that the Justice Department “hijacked” the cannabis rescheduling process from DEA.
Earlier this month, DEA notified an agency judge that the marijuana rescheduling process is still on hold—with no future actions currently scheduled as the matter sits before Maltz.
Meanwhile, a recent poll found that a majority of Republicans back a variety of cannabis reforms. Notably, Republicans are more likely than the average voter to support allowing state governments to legalize pot without federal interference.
A majority of both voters overall (70%) as well as GOP voters (67%) supported rescheduling marijuana.
The survey was first noted by CNN in a report last month that quoted a White House spokesperson saying the administration currently has “no action” planned on marijuana reform proposals, including those like rescheduling and industry banking access that Trump endorsed on the campaign trail last year.
The White House has also said that marijuana rescheduling is not a part of Trump’s drug policy priorities for the first year of his second term—a disappointment for advocates and stakeholders who hoped to see him take speedier action.
Meanwhile, former marijuana prisoners who received clemency from Trump during his first term staged an event outside the White House earlier this month, expressing gratitude for the relief they were given and calling on the new administration to grant the same kind of help to others who are still behind bars for cannabis.
You can read the Evidence-Based Drug Policy Act text below.
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