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A GOP senator is condemning the Biden administration over what he describes as repeated refusals from federal agencies to brief Congress on its plans and justification for rescheduling marijuana, which he argues fuels speculation that the proposed policy change is politically motivated.
In a letter sent to Attorney General Merrick Garland and U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra on Thursday, Sen. Bill Cassidy (R-LA) said he’s “very concerned” about the suppposed lack of transparency in how the agencies arrived at their decision to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
Cassidy, ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, said HHS “outright refused” to provide a briefing as members of the panel first requested in March, citing “only an unspecified ‘internal policy'” to explain the denial. The agency also hasn’t turned over certain documents that were referenced in its rescheduling recommendation, the senator said. The Justice Department, meanwhile, has been “non-responsive to three requests for a briefing on this matter.”
“Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling,” the senator said. “Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics, rather than the scientific evidence.”
Similarly, 25 GOP congressional lawmakers sent a public comment letter last week opposing the Biden administration’s planned rescheduling of marijuana, specifically alleging the government’s recommendation was based on politics rather than science.
Cassidy added that while there may be “legitimate sensitivities” about disclosing information about “open enforcement matters,” there is “no valid reason why agencies cannot brief congressional staff about a publicly available proposed rule.”
“Federal agencies regularly provide briefings to Congress about proposed rules to give substantive content to relevant committees,” Cassidy said. “This failure to engage with Congress continues the administration’s pattern of ignoring congressional oversight and sends a message that the administration is advancing policies merely for political gain in an election year.”
“The administration’s lack of transparency into the interagency rescheduling decision is very concerning,” the letter continues. “Marijuana is the most commonly used federally illegal substance in the United States, with approximately one-third of Americans reporting daily use—the highest levels ever reported by the National Institutes of Health (NIH).”
The senator also complained that the Drug Enforcement Administration (DEA) has yet to commit to hold an administrative hearing on the marijuana rescheduling proposal, despite requests from a variety of interested parties, including 19 state attorneys general and nine former DEA administrators. The public comment period for the proposed rule ends on Monday.
“This speaks to the continued disregard by the administration to provide clarity around this decision,” Cassidy said.
“Moreover, this proposed rule runs contrary to multiple previous DOJ analyses that concluded that marijuana was appropriately placed in Schedule I. Moving marijuana from Schedule I to Schedule III would have significant implications for public health and safety.
This change from longstanding DOJ policy, and the uncertainty around the long-term health risks associated with marijuana use, further reinforces the need for congressional oversight over this proposal.”
The letter concludes by requesting a briefing on the rescheduling plan no later than August 1. If the agencies refuse, Cassidy is asking that they provide a written justification with citations of any legal requirements that preclude them from doing so.
While the senator is criticizing the rescheduling decision, one of the effects of moving marijuana to Schedule III would be removing research barriers that are imposed on Schedule I drugs—an issue he evidently cares about given his sponsorship of a bill in 2021 that sought to make it easier for scientists to study those strictly controlled substances.
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