Colorado governor sends letter praising Biden administration for progress on cannabis overhaul

Colorado Governor Jared Polis recently sent a letter to President Joe Biden on September 5th regarding the US Department of Health and Human Services (HHS) recommendation to the Drug Enforcement Administration (DEA) to ban cannabis from a substance Schedule I substance to be reclassified as a Schedule I substance III substance.

According to The Gazette, Polis addressed that recommendation in his letter and praised Biden for leading an administration toward progress. “We are pleased to hear that you recently received the recommendation from Health and Human Services (HHS) to add cannabis to Schedule III,” Polis began in his letter. “It’s time.”

“This is a historic moment and we owe you and your administration a great debt of gratitude for your leadership in catching up with the science,” Polis continued. “The current classification of cannabis as a Schedule I drug under federal law contradicts scientific evidence. The previously held assumption that cannabis has no recognized medical benefits, has a high potential for abuse, and lacks recognized safety standards even under medical supervision has been largely refuted. The HHS recommendation is evidence-based and a step in the right direction.”

He goes on to say that he offers his “enthusiastic support” while the country awaits the DEA’s response, but in the meantime calls on the President to consider what else needs to be done to move cannabis into Schedule III ideal for cannabis companies. “I ask you to simultaneously consider some next steps in the near future by expressing your support for access to banking for the federally regulated market, reducing penalties for possession and distribution of cannabis, addressing immigration-related consequences, and expressing the FDA’s discretion in enforcement,” Polis wrote.

Polis also addresses the problems that still need to be solved, such as banking. He wrote that if cannabis becomes a Schedule III substance, banks would be free to serve cannabis businesses and tax code 280E would no longer be required. “The most efficient way to address these public health risks is to eliminate the illicit market and replace it with a legal, safe, regulated and age-verified system,” Polis continued. “But we can only do that by promoting federal policies that enable profitability in these well-established, federally regulated markets. Corresponding [Internal Revenue Code] Section 280E Reform and Access to Traditional Banking Services.”

Polis noted that cannabis rescheduling will be a standout achievement of Biden’s tenure as president. “Your administration will soon be credited with saving hundreds of thousands of jobs and significant tax revenue for states if the DEA reaffirms the FDA’s recommendation,” Polis wrote. “While federal prohibition continues, more than three-quarters of states have legalized medical marijuana, and more than 20 have legalized marijuana for adult use.”

“Let us celebrate this progress and work together to finish the work,” his letter to Biden concluded. “We greatly appreciate your leadership and please come back to Colorado soon.”

Almost a year ago, on October 6, 2022, Biden made the historic announcement of pardoning thousands of federal cannabis prisoners. He also called on the HHS secretary and attorney general to “initiate the administrative process to expeditiously review how marijuana is regulated under federal law,” Biden said. “Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification for the most dangerous substances. This is the same schedule as heroin and LSD and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic.”

In response to Biden’s request last year, HHS Assistant Secretary for Health Rachel Levine sent a letter to DEA Administrator Ann Milgram on August 29 with recommendations for listing cannabis in Schedule III. “Using the data and the scientific evidence, HHS responded expeditiously to President Biden’s direction to the HHS Secretary [Xavier Becerra] and submitted its marijuana planning recommendation to the DEA on August 29, 2023,” an HHS spokesperson said.

A DEA spokesman told The Hill that it is the DEA’s turn to review the recommendations. “As part of this process, HHS conducted a scientific and medical evaluation for DEA review. DEA has ultimate authority to terminate or delay any drug under the Controlled Substances Act. The DEA will now begin the review,” the spokesman said. It’s unclear how long it will be before the DEA reviews the recommendations, or how the department will respond.

The Controlled Substances Act of 1970 classified cannabis as a Schedule I substance more than 50 years ago. List I substances currently include cannabis, heroin, LSD, ecstasy and peyote, which have no medical use and have a high potential for abuse. Schedule II substances also have a high potential for abuse, but may lead to “severe psychological or physical dependence,” such as: B. Vicodin, Cocaine, Meth, Oxycodone, Fentanyl, Adderall and more. However, Schedule III substances are simply medications with “moderate to low potential for physical and psychological dependence,” such as ketamine and testosterone.