Who is working to keep Marijuana as a schedule 1 drug?
A dedicated set of federal legislators
At a time when the Biden administration is advocating for the rescheduling of marijuana, editorial boards of prominent newspapers, including the Washington Post, are joining the call. Currently, 40 states permit the medical use of marijuana, with 23 of these states also approving it for recreational use. Despite this, a group of federal legislators are working diligently to retain marijuana as a Schedule I drug, a category that includes substances like heroin.
The challenges of keeping marijuana schedule 1 drug while states and localities decide to permit the cultivation, sale, and possession of the drug are numerous. The tension in federal and state law thrusts many business owners into a perplexing legal and financial situation. Though the Cole Memorandum, issued during the Obama administration, marked a significant legal shift, with federal authorities turning a blind eye to marijuana production and sale within states where it has been legalized, legal limbo remains and financial hurdles continue to hamstring a smooth flow of commerce.
The federal classification of marijuana restricts business owners from accessing conventional credit card systems, forcing them to rely heavily on cash or debit card transactions. This not only makes operations difficult but also makes these establishments more susceptible to criminal activities due to the large amounts of cash on hand — in my own neighborhood we recently had a daylight robbery which left a 17 teen year old badly injured. Around the US there have been spikes of similar such robberies because unlike nearly any other businesses operating nowadays, marijuana stores must deal in large amounts of cash.
Furthermore, this cash-dependent nature of the industry opens the door to potential tax evasion and fraudulent business activities. Even for businesses that follow tax procedures properly, paying taxes in cash is a non-trivial task for businesses and the IRS. A shift in marijuana’s classification would streamline operations putting in place fair and legal practices in line with other state-sanctioned businesses.
The Call for Rescheduling
The current classification severely restricts the scope of federally funded research into both the benefits and drawbacks of marijuana use. Re-categorizing it to a Schedule II or III drug, alongside substances like Adderall (schedule II) or ketamine (schedule III), could pave the way for more comprehensive research into its potential therapeutic benefits, particularly in the realms of cancer treatment, chronic pain management, and end-of-life care.
Recognizing the necessity for change, the Department of Health and Human Services (HHS) has recommended that the Drug Enforcement Administration (DEA) reconsider marijuana’s current status. This move, backed by the Biden administration, is informed by emerging research suggesting that marijuana can play a vital role in a variety of treatment plans.
The Opposition
Despite these calls for change, a vocal group of federal legislators remain staunchly opposed to the rescheduling of marijuana. This Republican resistance is led by Congressman Pete Sessions of Texas and Senator James Lankford of Oklahoma. They, along with other legislators, have publicly urged the DEA to reject any proposals to alter marijuana’s Schedule I status, emphasizing that decisions should be grounded in scientific evidence rather than shifts in public opinion or state laws — even though scientific evidence remained a justification in the recent shift in theHHS recommendation for a schedule change.
Sessions and Lankford have been joined in their efforts by Senators Mike Rounds (R-SD), Jim Risch (R-ID), Marsha Blackburn (R-TN), Markwayne Mullin (R-OK), Mike Crapo (R-ID), Tom Cotton (R-AR), and Ted Budd (R-NC), and Congressmen Chuck Edwards (R-NC), Robert Aderholt (R-AL), Hal Rogers (R-KY), Earl L. “Buddy” Carter (R-GA), and Andy Biggs (R-AZ) in writing a public letter to the DEA, cautioning against a rescheduling of marijuana.
Pete Sessions tells constitutents that he is proud to be a leader on this topic because of his priority in, “keep marijuana off American streets and out of schools”. Senator Lankford has appealed to constituents saying, “Oklahomans are rightly concerned about our land, particularly as entities and individuals affiliated with the Chinese Communist Party are buying up farmland and properties in Oklahoma and around the country.” Senator Risch has echoed the concerns of Lankford about entities from outside the US buying up agricultural land, “While there’s no question America has some of the best farmland in the world, it’s doubtful China is buying it up to plant more wheat and potatoes”.
In addition to opposing rescheduling, many of these legislators also voted against H.R. 8454 Medical Marijuana and Cannabidiol Research Expansion Act which became law in December 2022.
Although marijuana legislation may not be a high priority for many federal lawmakers at the moment, the stance taken by influential figures in this discussion can’t be overlooked. As the country navigates this complex issue, understanding the positions of those at the helm can offer a lens through which to evaluate potential leaders in upcoming elections.
The debate about marijuana’s federal classification is more than just a debate on legal statuses. It’s a conversation that intertwines business viability, scientific research, and the broader welfare of society. As the nation continues to grapple with this issue a clear awareness of who is for this and who this is against it and what their rationale are important for the public to consider.
