News

19 August 2024

Senator Chuck Grassley Has Questions About the Rush to Reschedule Marijuana

Iowa Senator Chuck Grassley is seeking clarity from two high-ranking Biden Administration Officials about the rush to reschedule marijuana. In a pair of letters to HHS Secretary Xavier Becerra and Attorney General Merrick Garland, he reiterated his support of expanded cannabis research. However, he expressed doubt about how federal agencies concluded that marijuana should be federally reclassified.

Grassley points out inconsistencies between HHS’s recommendation for rescheduling marijuana and a recent report mandated by Congress, the Medical Marijuana and Cannabidiol Research Expansion Act, or MMCREA.

In August 2023, HHS recommended that marijuana be reclassified from Schedule I to Schedule III under the Controlled Substances Act. The HHS stated that marijuana has a ‘currently accepted medical use’, mainly based on data extracted from state-regulated medical marijuana programs. Grassley does not think this is sufficient.

On the other hand, the MMCREA, which Congress mandated to study the impacts of marijuana and its components, states, “U.S. jurisdictions that have legalized the use of cannabis products for medicinal purposes have often done so without sufficient scientific research to support all permitted uses.”

Grassley’s letter highlights the contradictions between the two documents: one stating that cannabis has “currently accepted medical use,” and the other asserting that further study is needed.

In his letter to Garland, Grassley says, “Health policy should be based on sound scientific data. That’s why I’m writing to raise concerns about the Justice Department bypassing traditional safeguards in its hurry to reschedule marijuana.” He pointed out that the DEA had requested additional scientific input, but Department of Justice attorneys rejected these requests because they were too narrow. He goes on to say that “in a rush to reschedule, it appears the Justice Department disregarded at least ten additional categories of information relevant to—but missing from—the Justice Department’s rescheduling determination.”

The senator has given both Garland and Becerra until September 12 to respond to requests he has laid out. These requests include explaining why the Attorney General signed the rescheduling proposal instead of the DEA administrator. This action is seen as a departure from tradition. The senator is also asking HHS to clarify the inconsistencies between the rescheduling recommendation and the MMCREA.

If you have questions please contact one of the authors or any of the members in the Cannabis practice.