Governors Unite: Urging Biden to Reschedule Marijuana for Economic and Health Benefits

by: Rev. Duke Nolan

Six state governors have penned a joint letter to President Joe Biden, urging him to expedite the rescheduling of marijuana by the end of this year. The letter, signed by the governors of Colorado, Illinois, Louisiana, Maryland, New Jersey, and New York, emphasizes the economic, tax, and public health advantages associated with rescheduling marijuana.

As of now, marijuana is classified under Schedule I of the Controlled Substances Act, alongside substances like heroin, denoting it as a high-risk substance. The governors advocate for its reclassification to Schedule III, a lower-risk category, which would provide increased protection for state-level marijuana businesses and consumers.

In October of the previous year, President Biden initiated a review of marijuana’s schedule, and on August 29, the Secretary of Health and Human Services recommended reclassifying it to Schedule III. However, progress in this effort has been limited.

The governor’s letter supports the call for rescheduling, pointing out that 38 states, representing 72% of the population, have legalized marijuana for either recreational or medical purposes. According to a 2022 Pew Research survey, an 88% majority supports legalization for medical or recreational use.

From an economic standpoint, the letter underscores that state programs have generated $15 billion in tax revenue, benefiting education, law enforcement, and other crucial areas. Rescheduling to Schedule III would also ease constraints imposed by Section 280E of the Internal Revenue Code, allowing marijuana businesses to claim ordinary business deductions.

The governors argue that supporting the state-regulated marketplace is essential for public safety. Despite potential disagreements on cannabis legalization, they stress the industry’s permanence, strong state regulations, and the need for federal support.

The letter also addresses the risk to consumer health due to the absence of a federal marijuana policy, highlighting concerns about unregulated products. Rescheduling is seen as a crucial step to protect against the unlicensed market.

The adoption of the Health and Human Services recommendation by the Drug Enforcement Agency (DEA), which holds final authority over drug scheduling, remains uncertain. Historically, the DEA has rejected rescheduling multiple times, citing reasons such as a lack of known and reproducible chemistry, insufficient safety and efficacy studies, and limited acceptance by experts.

While the DEA’s decision is pending, the governors stress the urgency of rescheduling to secure economic viability, safeguard jobs, and ensure the health and safety of American consumers. The letter concludes with a recognition that the cannabis industry is here to stay, urging federal alignment with state regulations for the benefit of all Americans.

This article is based on the joint letter from six state governors urging President Biden to reschedule marijuana by the end of the year.