DEA Administrator Misstates Biden’s Role in Cannabis Rescheduling Review

The Department of Justice recently clarified that Anne Milgram, the leader of the Drug Enforcement Administration (DEA), was incorrect in stating that President Joe Biden had dispatched a “letter” to initiate a review on marijuana scheduling. Instead, Milgram was referring to a public announcement made by the President on October 6, 2022.

This rectification came after attorney Matt Zorn submitted a Freedom of Information Act (FOIA) application to both the DOJ and the Department of Health and Human Services (HHS), aiming to obtain a copy of the aforementioned letter. The agencies clarified that no such correspondence exists; they were referring to Biden’s public declaration, which also covered a general pardon for those with federal marijuana possession offenses.

Considering that both the HHS and DEA had prepared statements following Biden’s October declaration, it’s apparent that some form of prior communication with these agencies took place. However, it evidently was not in the form of an official letter from the President.

The key question now is the fate of the cannabis scheduling review. HHS has already submitted its scientific assessment, advising the transition of cannabis from Schedule I to Schedule III in the Controlled Substances Act (CSA). While the DEA has the final authority and is under no obligation to abide by the HHS’s recommendation, the prevailing sentiment is that the DEA might be swayed by a combination of scientific evidence, political advocacy, and public sentiment.

Zorn, the attorney who probed into the alleged letter, addressed his blog post on the DOJ’s response to Congressman Matt Gaetz (R-FL), who had earlier questioned Milgram during the July hearing about the scheduling review. Gaetz has likewise sought clarification on the “letter” and has separately aired his apprehensions that moving cannabis to Schedule III could possibly allow the pharmaceutical industry to engulf the cannabis market.