GOP Congressman Seeks Clarity on Biden’s Cannabis Scheduling Directive: A Closer Look at the DEA’s Role
Republican Congressman Matt Gaetz (R-FL) has formally reached out to Anne Milgram, the Drug Enforcement Administration (DEA) Administrator, seeking clarification on recent statements she made about President Joe Biden’s directive to review marijuana scheduling.
In a letter sent to Milgram on Thursday, shared exclusively with Marijuana Moment, Gaetz emphasized the need for transparency from the DEA on the timeline and origins of the president’s review of cannabis scheduling under the Controlled Substances Act (CSA).
The Letter’s Focus
The congressman specifically asked for a copy of the letter Milgram referenced, which President Biden allegedly sent to the U.S. Department of Health and Human Services (HHS) Secretary and the Attorney General last year, directing the cannabis review.
Gaetz also followed up on questions he asked Milgram during a House Judiciary subcommittee hearing last month. The DEA Administrator had stated she would inquire about the timeline for HHS’s review, a prerequisite before the DEA’s own evaluation. Gaetz now requests an update on that dialogue.
The congressman expressed his concerns in the letter, stating, “While it is reassuring that President Biden has formally requested that the process of descheduling marijuana from the list of Schedule I drugs commence, it was concerning to hear you say that the Department of Health and Human Services (HHS) has not provided a timeline for sending you its descheduling recommendation based on its review.”
He further emphasized the importance of the administration’s transparency on this matter, setting a deadline for Milgram’s response by September 15.
Missing Documentation and Ongoing Process
The alleged letter from Biden prompted an attorney to file a Freedom of Information Act (FOIA) request with HHS. However, the department stated it had “no records” of such documentation.
Questions sent to the Justice Department were referred to the White House, which acknowledged the president’s public statement but declined to comment on the referenced letter.
The precise origins and procedures of the scheduling review directive have generated substantial interest in both the cannabis industry and the general public. Coordinated statements from DOJ and HHS were issued on the day Biden called for the review and granted a mass pardon for federal marijuana possession offenses, indicating potential advance notice.
The Road Ahead
As for the timeline, HHS Secretary Xavier Becerra informed of the agencies plan to finish their work by year-end.
The review commences with HHS, specifically the Food and Drug Administration (FDA), conducting a scientific investigation into marijuana. Upon completion, the department will forward its findings and scheduling recommendations to the DEA. The DEA then undertakes an eight-step review process to reach a final decision, holding primary jurisdiction over the CSA and the ability to dismiss HHS’s position.
In related news, the White House’s drug czar expressed that the president’s marijuana pardons and last year’s scheduling directive aim to establish consistent cannabis policies amidst varying state legalization models.
Furthermore, Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer (D-OR) spearheaded a letter in March to Becerra and Attorney General Merrick Garland, supported by 15 bipartisan Congress members, demanding transparency in the cannabis scheduling review.
Conclusion
Rep. Matt Gaetz’s recent correspondence with DEA Administrator Anne Milgram underscores the ongoing need for clarity and transparency in the federal approach to cannabis scheduling. As the process unfolds, the dialogue between legislators, the DEA, HHS, and other stakeholders is likely to continue intensifying, reflecting the broader debate on cannabis legalization and regulation in the United States.
