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Bipartisan legislators ask US to change marijuana's strict drug designation US drug agency declines to change marijuana's strict drug designation
(about 1 hour later)
A bipartisan group of state legislators has called for the federal government to remove marijuana from the list of Schedule I drugs, defined by the US Controlled Substances Act as “drugs with no currently accepted medical use and a high potential for abuse”. The Drug Enforcement Agency will not remove marijuana from the Schedule I drugs list, its head Chuck Rosenberg has announced, despite a bipartisan group of state legislators calling for it.
The National Conference of State Legislatures (NCLS) adopted a resolution at Wednesday’s NCS business meeting that means the organization will, under its bylaws, “lobby the Congress, the White House and federal agencies” to change marijuana’s designation under the law. Schedule I is the strictest designation under the federal law. Amongst those drugs listed in the less restrictive Schedule II are methamphetamine and opium. Rosenberg’s decision was based on a report by the Food and Drug Administration (FDA) that marijuana has “no currently accepted medical use in treatment in the United States” and is subject to abuse.
Schedule I drugs are defined by the US Controlled Substances Act as “drugs with no currently accepted medical use and a high potential for abuse”.
Rosenberg’s move, in response to a 2011 petition by Washington state governor Christine Gregoire and then-Rhode Island governor Lincoln Chafee, came with one caveat: the DEA will allow universities to apply to grow marijuana for research purposes. Currently, only the University of Mississippi is licensed to do so, which scientists say limits their ability to research the medical uses of marijuana – which is what the FDA and DEA would require to change marijuana’s Schedule I classification.
“If our understanding of the science changes,” said Rosenberg, “that could very well drive a new decision.”
The National Conference of State Legislatures (NCLS) adopted its resolution at Wednesday’s business meeting that means the organization will, under its bylaws, “lobby the Congress, the White House and federal agencies” to change marijuana’s designation under the law. Schedule I is the strictest designation under the federal law. Amongst those drugs listed in the less restrictive Schedule II are methamphetamine and opium.
Oregon state representative Ann Lininger, who introduced the resolution, explained that, since 25 states plus the District of Columbia and Guam have legalized marijuana under some circumstances – be it for medical or recreational use – the continuing classification of marijuana as a Schedule I substance creates both risks for businesses in states that have deemed it legal and difficulties for states seeking to regulate a growing industry.Oregon state representative Ann Lininger, who introduced the resolution, explained that, since 25 states plus the District of Columbia and Guam have legalized marijuana under some circumstances – be it for medical or recreational use – the continuing classification of marijuana as a Schedule I substance creates both risks for businesses in states that have deemed it legal and difficulties for states seeking to regulate a growing industry.
“There are 5,000 legal cannabis businesses in the United States” said Lininger, a Democrat. “And they don’t have reliable access to banking services.”“There are 5,000 legal cannabis businesses in the United States” said Lininger, a Democrat. “And they don’t have reliable access to banking services.”
“It creates a public safety risk,” she said, because the classification of marijuana means that banks and other federally regulated financial services companies cannot do business with dispensaries. That, in turn, necessitates that all marijuana businesses operate strictly in cash, which often leads to robberies and muggings. Besides, which, she said, “there’s an inability to track sales for oversight and regulation,” she said. “And it probably affects tax compliance.”“It creates a public safety risk,” she said, because the classification of marijuana means that banks and other federally regulated financial services companies cannot do business with dispensaries. That, in turn, necessitates that all marijuana businesses operate strictly in cash, which often leads to robberies and muggings. Besides, which, she said, “there’s an inability to track sales for oversight and regulation,” she said. “And it probably affects tax compliance.”
The resolution notes that “the federal Bank Secrecy Act and its implementing regulations impose substantial administrative and operational burdens, compliance risk and regulatory risk that serve as a barrier” to financial services companies wishing to do business with legal marijuana companies, and that the 2014 “clarification” memo issued by the Department of Treasury’s financial crimes enforcement network “is inadequate to create a regulatory environment as it does not change applicable federal laws, imposes significant compliance burdens and is subject to change at any time” – including with a new administration in the White House.The resolution notes that “the federal Bank Secrecy Act and its implementing regulations impose substantial administrative and operational burdens, compliance risk and regulatory risk that serve as a barrier” to financial services companies wishing to do business with legal marijuana companies, and that the 2014 “clarification” memo issued by the Department of Treasury’s financial crimes enforcement network “is inadequate to create a regulatory environment as it does not change applicable federal laws, imposes significant compliance burdens and is subject to change at any time” – including with a new administration in the White House.
“States should have to ability to chart their own way forward on cannabis regulation, outside of federal oversight,” Lininger said, calling it a states’ rights issue that had led many legislators of a more conservative bent on marijuana policy to support the resolution.“States should have to ability to chart their own way forward on cannabis regulation, outside of federal oversight,” Lininger said, calling it a states’ rights issue that had led many legislators of a more conservative bent on marijuana policy to support the resolution.
The Controlled Substance Act does allow the US attorney general to change the classifications of the drugs regulated by the statute, if he first requests from the secretary of health and human services a scientific study on the potential for abuse, whether it has a currently acceptable medical use and whether it can be used safely.
The National Conference of State Legislatures, which is made up of member state legislatures and legislator participants, serves as both a research and advocacy organization for the interests of state legislatures, as determined by a bipartisan plurality of participants. The resolution process determines the organization’s priorities in its efforts “to fight unwarranted federal preemption of state laws, unfunded mandates and federal legislation that threatens state authority and autonomy”.The National Conference of State Legislatures, which is made up of member state legislatures and legislator participants, serves as both a research and advocacy organization for the interests of state legislatures, as determined by a bipartisan plurality of participants. The resolution process determines the organization’s priorities in its efforts “to fight unwarranted federal preemption of state laws, unfunded mandates and federal legislation that threatens state authority and autonomy”.