Politics
Lawmakers, Advocates And Stakeholders React To Biden’s Marijuana Rescheduling Announcement
The Biden administration’s announcement about its formal move to reschedule marijuana has elicited another round of applause from lawmakers, industry stakeholders and advocacy groups.
While the Justice Department already confirmed two weeks ago that it would be moving to place cannabis in Schedule III, rather than Schedule I, of the Controlled Substances Act (CSA), President Joe Biden officially announced the action on Thursday. And Attorney General Merrick Garland has now initiated the formal rulemaking process.
Rescheduling marijuana wouldn’t federally legalize it—a point that certain advocates are quick to point out, especially in light of Biden’s 2020 campaign pledge to decriminalize cannabis. But it would have major implications for state-licensed marijuana businesses, while opening up expanded research opportunities.
But the action is being largely praised as a historic step in the right direction, with the federal government recognizing for the first time in over 50 years that cannabis has accepted medical value and a lower abuse potential than other drugs in Schedule I such as heroin.
Here’s how people are reacting to the marijuana rescheduling announcement:
Lawmakers and Public Officials
Office of National Drug Control Policy (ONDCP) Director Rahul Gupta
President Biden has been clear: no one should be in jail just for using or possessing marijuana.
The President’s actions today are part of his commitment to reverse longstanding injustices, and to right historic wrongs. https://t.co/E7jr0PyihN
— Rahul Gupta (@DrGupta46) May 16, 2024
If finalized by the Department of Justice, marijuana will no longer hold the higher-level classification it currently holds over fentanyl and methamphetamine – the drugs that are driving our nation’s overdose epidemic.
— ONDCP (@ONDCP) May 16, 2024
Senate Majority Leader Chuck Schumer (D-NY)
BIG: The DOJ is finally recognizing that draconian cannabis laws need to change to catch up to science and the majority of Americans.
But it’s past time to legalize it.
That’s why @SenBooker, @RonWyden, and I reintroduced our Cannabis Administration and Opportunity Act.
— Chuck Schumer (@SenSchumer) May 16, 2024
Sen. Cory Booker (D-NJ)
My statement on the DOJ’s reclassification of Cannabis as Schedule III https://t.co/o0WxuHr7ma
— Sen. Cory Booker (@SenBooker) May 16, 2024
Sen. Jeff Merkley (D-OR)
I pushed the Biden administration to address the harms done by the criminalization of cannabis and move quickly to remove cannabis’ Schedule I status, and it’s great to see this action taken. I will continue to work to fully deschedule cannabis. https://t.co/wefFiZNZjO
— Senator Jeff Merkley (@SenJeffMerkley) May 16, 2024
Sen. Ron Wyden (D-OR)
“It’s official, the Biden administration has taken a historic step toward ending reefer madness and bringing commonsense to federal cannabis policy,” Wyden said. “Now it’s time to follow the lead of 24 states and more than half the country by decriminalizing and putting in place smart federal regulations. Leader Schumer, Senator Booker and I have the bill to do it.”
Sen. Kirsten Gillibrand (D-NY)
Thank you, @POTUS. Reclassifying marijuana will lift barriers to research and promising medical treatments and begin to right the wrongs of our past.
This is an encouraging first step — but I won't stop fighting until we fully deschedule and legalize marijuana. https://t.co/B0TIH8szZi
— Sen. Kirsten Gillibrand (@gillibrandny) May 16, 2024
Sen. Ed Markey (D-MA)
This is an important step forward as we work to right the wrongs of the War on Drugs. But we must go further to completely deschedule marijuana and expunge the records. https://t.co/s7jwano2BY
— Ed Markey (@SenMarkey) May 16, 2024
Sen. Alex Padilla (D-CA)
This move by @TheJusticeDept is a step in the right direction––but we can't stop here.
Congress must work towards full decriminalization and pass our Cannabis Administration and Opportunity Act. https://t.co/KRRTywX0qv
— Senator Alex Padilla (@SenAlexPadilla) May 17, 2024
Rep. Earl Blumenauer (D-OR)
“We are one step closer to ending the failed war on drugs. Marijuana was scheduled more than 50 years ago based on stigma, not science,” Blumenauer said. “The American people have made clear in state after state that cannabis legalization is inevitable. The Biden-Harris Administration is listening.”
Rep. Steve Cohen (D-TN)
Since 1976, when I was the Memphis Police Legal Advisor, to my time in the TN State Senate from '82-'06 and throughout my entire service in Congress, I have been an unreserved supporter of liberalizing our #cannabis laws. It’s about time! https://t.co/ixpAE0SUZB
— Steve Cohen (@RepCohen) May 16, 2024
Rep. Steny Hoyer (D-MD)
Today, the Biden-Harris Admin took a major step to begin reclassification for marijuana from a Schedule I to a Schedule III drug under federal law.
This decision is a matter of justice.
This step addresses systemic in
equities for America to become a fairer nation. https://t.co/d4Wr3x4urx— Steny Hoyer (@RepStenyHoyer) May 16, 2024
Rep. Alexandria Ocasio-Cortez (D-NY)
No more lives should be upended simply for possessing or using marijuana.
While there’s still more to do to fully legalize marijuana, we welcome this historic move that addresses the barriers to employment, housing, and more that come with marijuana convictions. https://t.co/jim71V21wx
— Rep. Alexandria Ocasio-Cortez (@RepAOC) May 16, 2024
Rep. Troy Carter (D-LA)
#MarijuanaReform is one of my top priorities, and has been from the start of my career. I’m proud that this @WhiteHouse and @TheJusticeDept are taking another step toward justice and rectifying the inequities our nation’s approach to marijuana has contributed to. Marijuana use or… https://t.co/0rTQ4lgyE4
— Congressman Troy A. Carter (@RepTroyCarter) May 16, 2024
Rep. Tim Kaine (D-VA)
This is great news—and a huge step towards decriminalizing marijuana from the Biden Administration. Too many people, particularly people of color, have been hurt by outdated marijuana laws. Now it’s time to decriminalize it. https://t.co/BwG7em8LGe
— Tim Kaine (@timkaine) May 16, 2024
Rep. Seth Moulton (D-MA)
It's ridiculous that marijuana has a higher-level classification than fentanyl and methamphetamine – the two drugs driving America's overdose epidemic.
This move from the Biden administration is a step in the right direction. https://t.co/nseYvgbHvs
— Seth Moulton (@sethmoulton) May 16, 2024
Rep. Ayanna Pressley (D-MA)
This is another important step in addressing the shameful legacy of the War on Drugs.@POTUS must continue to use the power of clemency to pardon marijuana convictions, repair the harm caused by @TheJusticeDept, and set our communities on a pathway to healing. https://t.co/BPErXMZj64
— Congresswoman Ayanna Pressley (@RepPressley) May 16, 2024
Rep. Dwight Evans (D-PA)
I continue to support this historic, positive step and I urge @TheJusticeDept to finalize the change. And I’ll continue to advocate for full legalization of #cannabis for adult use! I’ve voted for the MORE Act & will again when we have House leadership that will allow a vote. https://t.co/ml1JX68Z1n
— Congressman Dwight Evans🟧 (@RepDwightEvans) May 16, 2024
Rep. Pete Sessions (R-TX)
Today’s decision represents the Biden Administration’s complete disregard for public safety and the medical concerns regarding marijuana declassification. The data is clear: marijuana use increases the development of psychiatric disorders, raises the likelihood of fatal traffic… https://t.co/tb8GL7Y1ps
— Pete Sessions (@PeteSessions) May 17, 2024
Rep. Mike Quigley (D-IL)
Too many lives have been changed irrevocably because of our nation's historically failed approach to marijuana.
That's why I'm glad the Biden administration has taken a huge step to reclassify marijuana as a less dangerous drug under federal law. https://t.co/PEhWOmNI8F
— Mike Quigley (@RepMikeQuigley) May 17, 2024
Rep. Nikema Williams (D-GA)
Cannabis justice is racial justice. Black, Latino and Indigenous people have carried the brunt of marijuana criminalization as a result of the failed War on Drugs.@POTUS and @TheJusticeDept continue moving in the right direction toward ending injustice and repairing lives. https://t.co/MB1kbdMjbe
— Congresswoman Nikema Williams (@RepNikema) May 16, 2024
Rep. Dina Titus (D-NV)
It made no sense that marijuana was classified the same as heroin and LSD. This important step of rescheduling will help researchers study the medical benefits of cannabis and legal businesses combat the unregulated black market. https://t.co/uRVvNqsdV0
— Dina Titus (@repdinatitus) May 16, 2024
Rep. Jared Huggman (D-CA)
This is a major, long-overdue step forward. Now we need to finish the job to support the legal cannabis industry – like passing the SAFE Banking Act and my SHIP Act, so businesses can work with banks and fully participate in the economy. https://t.co/MRW2k50rDx
— Rep. Jared Huffman (@RepHuffman) May 16, 2024
Rep. Salud Carbajal (D-CA)
@POTUS is right: no one should be in jail just for using or possessing marijuana — which currently has a higher-level classification than fentanyl & methamphetamine.
This step forward will remove outdated barriers & open pathways to researching the medical uses for marijuana. https://t.co/bEWQF3Npv0
— Rep. Salud Carbajal (@RepCarbajal) May 18, 2024
Rep. Gregory Meeks (D-NY)
President Biden's commitment to righting historic wrongs continues with the move to reclassify marijuana from Schedule I to Schedule III under federal law.
⁰This step acknowledges the failures of past policies & opens doors to critical research and justice reform.— Rep. Gregory Meeks (@RepGregoryMeeks) May 16, 2024
Rep. Frank Pallone (D-NJ)
I'm glad to see the Biden Administration reclassify marijuana—this will allow for important new medical research and builds on the work to pardon Americans for simple possession offenses. https://t.co/snRoTQ1JcM
— Rep. Frank Pallone (@FrankPallone) May 17, 2024
Rep. André Carson (D-IN)
This announcement is a critical moment for social justice. Black Americans are imprisoned for marijuana use at disproportionally higher rates than their white counterparts. This affects families long after incarceration, placing barriers to housing, employment, and education. https://t.co/gDvEeYfsBs
— André Carson (@RepAndreCarson) May 16, 2024
Rep, Nikki Budzinski (D-IL)
Glad to see the @TheJusticeDept move forward with reclassifying marijuana under federal law!
If passed, this step would mean that marijuana will no longer hold a high-level classification over fentanyl and methamphetamine that are driving our overdose epidemic. https://t.co/7PBVFxjnBy
— Rep. Nikki Budzinski (@RepNikkiB) May 16, 2024
Rep. Suzanne Bonamici (D-OR)
Rescheduling cannabis is a step in the right direction toward ending a failed war on drugs policy that has ruined too many lives—particularly for Americans from communities of color and low-income communities.
I applaud the Biden Administration for this needed action.
— Suzanne Bonamici (@RepBonamici) May 16, 2024
Rep. Val Hoyle (D-OR)
This historic decision is long overdue!
Let's keep the progress rollin' to end the failed War on Drugs by fully descheduling and regulating cannabis. https://t.co/pF28sshfOV
— Val Hoyle (@RepValHoyle) May 16, 2024
Rep. Haley Stevens (D-MI)
It's time. Thank you, @POTUS.
The criminalization of marijuana has disproportionately harmed Black and Brown communities.
Now, let's make sure the benefits of legalization are accessible to every community. https://t.co/oMSl12ta6k
— Rep. Haley Stevens (@RepHaleyStevens) May 16, 2024
Colorado Gov. Jared Polis (D)
“The long wait is over and we thank President Biden and his administration for this major action on cannabis reform by moving marijuana from being in the same schedule as heroin to the schedule of codeine, acknowledging for the first time therapeutic use,” Polis said. “Colorado and 37 other states have taken comprehensive steps to legalize marijuana for medical or adult use, pushing our country past the failed era of prohibition.”
“This action from the President is pro-freedom, and forward-thinking, and will help our economy and improve public safety,” he said. “Today we begin to say goodbye to burdensome 280E tax provisions and embrace an expansion of freedoms Coloradans and Americans deeply value.”
California Gov. Gavin Newsom (D)
California has the largest legal cannabis market in the world. This critical action will ease restrictions for entrepreneurs, reduce barriers for patients, and further bolster California’s efforts to strengthen our burgeoning regulated industry. https://t.co/KW4whttoOy
— California Governor (@CAgovernor) May 16, 2024
Illinois Gov. J.B. Pritzker (D)
At last. https://t.co/lQGcGzB4l6
— Governor JB Pritzker (@GovPritzker) May 16, 2024
Democratic National Committee
BREAKING: President @JoeBiden took steps to deliver a historic victory for criminal justice reform and commonsense marijuana policy across America. pic.twitter.com/MqfXVwmt2O
— The Democrats (@TheDemocrats) May 16, 2024
Florida Democratic Party Chair Nikki Fried
America's failed approach to cannabis has impacted people's lives, prevented medical research, and economic opportunities. After almost 90 years, cannabis prohibition is finally ending.
Thank you @POTUS for making this historical and bold decision. Is there still advocacy to… https://t.co/K5F8ccZvSr
— Nikki Fried (@NikkiFried) May 16, 2024
Advocates and associations
NORML
“This recommendation validates the experiences of tens of millions of Americans, as well as tens of thousands of physicians, who have long recognized that cannabis possesses legitimate medical utility,” NORML Deputy Director Paul Armentano said. “But it still falls well short of the changes necessary to bring federal marijuana policy into the 21st century. Specifically, the proposed change fails to harmonize federal marijuana policy with the cannabis laws of most U.S. states, particularly the 24 states that have legalized its use and sale to adults.”
“Nevertheless, as a first step forward, this policy change dramatically shifts the political debate surrounding cannabis. Specifically, it delegitimizes many of the tropes historically exploited by opponents of marijuana policy reform. Claims that cannabis poses unique harms to health, or that it’s not useful for treating chronic pain and other ailments, have now been rejected by the very federal agencies that formerly perpetuated them. Going forward, these specious allegations should be absent from any serious conversations surrounding cannabis and how to best regulate its use.”
National Cannabis Industry Association (NCIA)
“On behalf of thousands of legal businesses operating across the country, we commend President Biden for taking this important first step toward a more rational marijuana policy,” NCIA CEO Aaron Smith said. “Now it’s time for Congress to enact legislation that would protect our industry, uphold public safety, and advance the will of the voters who overwhelmingly support making cannabis legal for adults.”
“Rescheduling alone does not fix our nation’s state and federal cannabis policy conflict. Only Congress can enact the legislation needed to fully respect the states and advance the will of the vast majority of voters who support legal cannabis,” he said.
U.S. Cannabis Council (USCC)
“The US Cannabis Council strongly supports the DEA’s proposal to reclassify cannabis. Moving cannabis down to Schedule III would signal a tectonic shift away from the failed policies of the last 50 years,” Executive Director Edward Conklin said.
“Cannabis never belonged on Schedule I. Thanks to President Biden and his Administration, the federal government will soon turn the page on prohibition and set the stage for further reforms,” he said. “The proposed rule implements the recommendations of the Department of Health and Human Services, following an extensive scientific review by the Food and Drug Administration. It also happens to be overwhelmingly popular with the American public.”
We strongly support the DEA’s proposal to reclassify cannabis. Moving cannabis down to Schedule III would signal a tectonic shift away from the failed policies of the last 50 years.
— US Cannabis Council (@USCannabisCncl) May 16, 2024
“Our ultimate goal is federal legalization, and we see Schedule III as a necessary and critical step along the way,” Conklin said. “We will submit comments in the coming days in support of the proposed rule.”
Drug Policy Alliance (DPA)
“When it comes to marijuana rescheduling, President Biden’s words are failing to match his administration’s actions. In a new video, he asserts that no one should be in jail for marijuana, and yet his support for the proposal to reschedule marijuana from Schedule I to Schedule III will continue the federal criminalization of marijuana,” Kassandra Frederique, executive director of DPA, said. “His comments reveal a fundamental misunderstanding of how marijuana rescheduling will impact our communities.”
“Rescheduling marijuana to Schedule III would result in tax benefits for marijuana businesses and pharmaceutical corporations but would otherwise maintain the failed status quo. Under Schedule III, federal criminalization would remain in place, meaning arrests, deportations, and family separations for marijuana would continue. Federal food, housing, and education benefits would continue to be withheld from people with a marijuana record. People would remain behind bars for marijuana. And Schedule III would continue the glaring disconnect between state legal regulation programs and federal law.”
American Civil Liberties Union (ACLU)
NEW: President Biden just announced that cannabis will be rescheduled as a lower-risk Schedule III substance.
While this is a step in the right direction, more must be done at the federal and state levels to address the disproportionate harm that the War on Drugs has caused in…
— ACLU (@ACLU) May 16, 2024
National Cannabis Roundtable (NCR)
“With the submission of the proposed rule today, the formal administrative process to remove cannabis from the strictest of classifications—where it never belonged—we are moving closer to seeing the most monumental cannabis reform in half a century come to fruition,” Saphira Galoob, executive director of NCR, said. “Just as today’s news is another step forward in the ongoing administrative process that began with the October 2022 directive by President Biden, rescheduling is also a step towards larger federal cannabis reforms.”
“This is an acknowledgment by the multiple federal agencies of what the 38 states with medical programs, 30,000 medical practitioners recommending cannabis, and six million medical cannabis patients have long known: cannabis has medical value. But our work does not end here. While we continue to commend President Biden, the DOJ, and HHS for following the science and not ignoring the need for federal cannabis policies to shift after decades of state leadership, Congress must also take action to further this progress.”
American Trade Association of Cannabis and Hemp (ATACH)
“Think about what we are witnessing: both the US Food and Drug Administration and Drug Enforcement Administration—the most important arms of federal control—are saying cannabis is medicine with the federal government now publishing a rule placing marijuana in Schedule III,” ATACH President Michael Bronstein said. “This view is what we as advocates have advanced for the last 20 years. It is a statement as bold as it is stunning, given the source. Today the dam of federal prohibition has a meaningful crack.”
Coalition for Cannabis Scheduling Reform (CCSR)
“We are thrilled to see a proposed rule from the DEA that will move cannabis to Schedule 3,” Bryan Barash, co-chair of CCSR, said. “This is a huge victory for everyone who has worked to normalize federal cannabis policy and begins the process of federal support for state cannabis markets. Most importantly, for the first time the federal government recognizes the overwhelming evidence of the clear medical benefits of cannabis.”
National Association of Criminal Defense Lawyers (NACDL)
“The recognition of cannabis as a less harmful substance is a welcome development, but decriminalization and decarceration efforts should remain paramount,” NACDL President Michael Heiskell said. “To address the failures of mass incarceration, which have disproportionately impacted poor people and communities of color, Congress must enact comprehensive reform.”
“This should include removing cannabis from the federal controlled substances list, establishing a regulatory framework for the industry, and providing retroactive relief in the form of clemency for individuals currently incarcerated on federal marijuana charges,” he said. “NACDL believes regulating cannabis similarly to tobacco and alcohol is the most effective approach to undo the harms of mass incarceration and prevent continued federal prosecution.”
Cannabis Freedom Alliance (CFA)
We do not oppose the Biden Administration's move to reschedule cannabis but do urge it to consider alternatives like working with Congress to deschedule the substance. @dianemgoldstein @GLawNV
See our full press release at https://t.co/eUsGMAQgvL. pic.twitter.com/g9FSdZaUXl
— Cannabis Freedom Alliance (@CannabisFreedo1) May 16, 2024
Last Prisoner Project (LPP)
“As President Biden takes this crucial step towards cannabis reclassification, we acknowledge the progress made in recognizing the failures of our past approach,” Sarah Gersten, executive director of LPP, said. “Yet, rescheduling alone won’t rectify the injustices endured by countless individuals affected by cannabis criminalization.”
“While we commend efforts to advance progress and reduce barriers, true justice requires more. We stand firm in our commitment to advocating for complete descheduling, retroactive relief, and comprehensive legalization,” she said. “Every step forward must be accompanied by tangible actions to expunge records, release prisoners, and restore lives. We urge continued bipartisan cooperation and decisive action to right the wrongs of the War on Drugs.”
Industry Stakeholders
Vicente LLP
“The DEA’s proposal to reclassify cannabis sets the stage for what would be a colossal shift in U.S. drug policy,” Shawn Hauser, partner at Vicente LLP, said. “After more than 50 years, the agency is finally acknowledging that cannabis has significant medical value and ought to be treated as such. Moving cannabis from Schedule I to Schedule III is not the last step—but it is a crucial step—in ending marijuana prohibition once and for all.”
NisonCo
“While the potential rescheduling of cannabis to Schedule III is a step forward, true progress lies in complete de-scheduling and regulation akin to alcohol,” Evan Nison, president NisonCo, said. “Let’s remain cautiously optimistic but not lose sight of the ultimate goal: full legalization and equitable regulation.”
Poseidon Investment Management
“The cannabis industry has been anxiously awaiting news from the Office of Management and Budget regarding the rescheduling process of cannabis,” Morgan Paxhia, managing director of Poseidon, said. “This uncertainty has been partially cured today, another historic step forward for US legal cannabis. It is imperative that cannabis reach Final Rule and be published to the Federal Register this year as far ahead of the election as possible.”
Opponents
BIDEN RESCHEDULING RECOMMENDATION AFFIRMS MARIJUANA’S ILLEGAL STATUS
Though Marijuana Would Remain Illegal, Election-Year Decision To Reschedule Marijuana Would be a Boon for Pot Investors Pushing a Demonstrably Dangerous Drug
Statement from SAM President @KevinSabet pic.twitter.com/87Wc3jIpMY
— SAM (@learnaboutsam) May 16, 2024