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President Joe Biden’s cabinet member whose department was responsible for overseeing a review of how cannabis is scheduled under the Controlled Substances Act (CSA) had trouble remembering the plant’s classification during a House subcommittee hearing March 20.
U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra was in the middle of correcting U.S. House Rep. Chuck Edwards, R-N.C., (who said HHS recommended decriminalizing cannabis) when his own memory on the rescheduling process took a stumble.
The exchange was during a U.S. House Appropriations subcommittee hearing on HHS’ fiscal 2025 budget request.
Despite HHS already making its recommendation in August 2023 to the Drug Enforcement Administration that cannabis should be reclassified from Schedule I to Schedule III under the CSA, Edwards asked Becerra if he thought the “declassification” of cannabis would make it more available to youth in the U.S.
Editor’s note: Edwards incorrectly stated multiple times that Biden and HHS were considering declassifying/descheduling cannabis when the HHS’ current recommendation is to reschedule.
Becerra pointed to the “probably more than half of the states” in the country where cannabis is already legal for adult-use (24 states) or medical (38 states) purposes.
“What we’re talking about here is, though, the federal treatment of cannabis, because federal law treats cannabis differently than most states,” he said. “And what the president asked us to do is examine where we are with cannabis today at the federal level. And, as you’re aware, right now cannabis is listed—is scheduled—as a—I’m going to get it wrong: five or one?”
“One,” Rep. Andy Harris, R-Md., a rescheduling opponent, said while chiming in.
“One. Thank you, Dr. Harris,” Becerra said. “A Schedule I, which means the most potent and dangerous type of narcotic.”
Becerra also explained that reclassifying cannabis to Schedule III would not decriminalize its use, something many legalization advocates have said time and time again—that rescheduling is recriminalizing.
Edwards pressed Becerra further on the HHS recommendation.
“I have a real concern that in light of the mental health issues that we have today, that our federal government, the Department of Health and Human Services and President Biden, are considering ‘descheduling’ a substance that is far more potent today than it was when any of y'all ever used the drug,” he said. “That will contribute more to depression, suicidal tendency, schizophrenia and those types of things.”
Edwards said the HHS’ budget report requesting more money to treat substance abuse while at the same time recommending cannabis reform “seems very contradictive.”
Piggybacking off those comments, Harris drew attention to the United Nation’s Single Convention on Narcotic Drugs, 1961 treaty, saying he has concerns with the HHS hugging “with both arms this idea” of rescheduling cannabis.
“Some people think we would be violating our international treaty agreements,” he said. “Now, given that this administration is all in for a treaty agreement with the World Health Organization on pandemic things that would give up our rights to states in a free nation, I’m a little surprised that they want to have this beef with the World Health Organization on the Single Conventions. But I'll leave it at that.”
Later in the hearing, Rep. Steny Hoyer, D-Md., the former majority leader, pointed out what he said was another contradiction: tobacco being exempt from the CSA altogether.
Hoyer did not mention that Edwards’ home state of North Carolina is the leading tobacco producer in the U.S., according to the U.S. Department of Agriculture.
“I think that cigarette smoking is far more lethal and costly to the country and to human beings than is marijuana,” Hoyer said. “[Maryland] has legalized marijuana by a vote of the people. … So, I think it is somewhat ironic that we are focused on a less lethal drug according to the medical community.”
Hoyer also pointed to other the states where voters have passed legalization measures, including 15 for adult-use cannabis and many more for medical cannabis. (The other nine adult-use cannabis states initiated the legalization process legislatively.)
“As a result, where we find ourselves is in a contradictory situation between the states’ legalization and the federal government’s,” Hoyer said.
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