Deschedule Marijuana from the Controlled Substances Act Now

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Deschedule Marijuana from the Controlled Substances Act Now

Washington, DC

The Problem

Marijuana has been officially recognized as a legitimate medicine in 16 U.S. States in addition to the District of Columbia. The current FDA guidelines for scheduling controlled substances categorize all uses of marijuana (including that used for medical use, only) as Schedule I, erroneously placing it in the same category as Heroin and Crack Cocaine, stating that it has a high potential for abuse and no recognized medical value. The second portion of the requirement to be a Schedule I substance is absolutely untrue of medical marijuana – a point made quite clear simply by the term itself: medical marijuana. We are demanding Congress and President Barack Obama to alter our current federal policy on medical marijuana and reschedule it appropriately to a Schedule V substance, where it can be researched and prescribed in the same fashion that other therapeutic medicines are today, including as Vicodin or Oxycontin. Please apply our current laws fairly, as they were intended, and adjust mistakes made in the in

Suggested Solutions

Cory Booker
Posted suggestion on May 12th, 2018
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Beyond removing marijuana from the Controlled Substances Act list, both the House and Senate bills propose going a step further to provide "restorative justice" to communities disproportionately affected by marijuana arrests and convictions and create an "inclusive industry from the ground up," Lee said in a call with reporters in January.

Lee called the legislation "a bold proposal to reverse decades of discriminatory drug enforcement and to bring federal marijuana policy in line with the wishes of the American people."

"It's the reverse of the 1994 crime bill," Booker said on the call with reporters. "It creates incentives for states to change their marijuana laws."



Official Replies


Chuck Rosenberg, Administrator
Replied on July 19, 2016

Based on the HHS evaluation and all other relevant data, the DEA has concluded that there is no substantial evidence that marijuana should be removed from Schedule I. In short, marijuana continues to meet the criteria for Schedule I control under the CSA because:

(1) Marijuana has a high potential for abuse. The HHS evaluation and the additional data gathered by the DEA show that marijuana has a high potential for abuse.

(2) Marijuana has no currently accepted medical use in treatment in the United States. Based on the established five-part test for making such determination, marijuana has no “currently accepted medical use” because: As detailed in the HHS evaluation, the drug's chemistry is not known and reproducible; there are no adequate safety studies; there are no adequate and well-controlled studies proving efficacy; the drug is not accepted by qualified experts; and the scientific evidence is not widely available.

(3) Marijuana lacks accepted safety for use under medical supervision. At present, there are no marijuana products approved by the U.S. Food and Drug Administration (FDA), nor is marijuana under a New Drug Application (NDA) evaluation at the FDA for any indication. The HHS evaluation states that marijuana does not have a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions. At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy.

The statutory mandate of Title 21 United States Code, Section 812(b) (21 U.S.C. 812(b)) is dispositive. Congress established only one schedule, Schedule I, for drugs of abuse with “no currently accepted medical use in treatment in the United States” and “lack of accepted safety for use . . . under medical supervision.” 21 U.S.C. 812(b). It should also be noted that, in view of United States obligations under

Scott Gottlieb, Commissioner
Replied on May 7, 2018

“I prescribed blood pressure pills and all kinds of other things to my patients when I was a practicing physician not too long ago,” Gottlieb said in an interview at Bloomberg’s headquarters in New York. “I never told a patient to go home, crush up a pill, roll it in a piece of paper and smoke it.”

“Using a lung as a drug delivery vehicle isn’t optimal,” Gottlieb said.

“That’s not to say that we wouldn’t evaluate it if it came in; it just wouldn’t be an optimal way to deliver an active ingredient,” Gottlieb said.

Jefferson Sessions, Attorney General
Replied on May 9, 2018

The war on crime and drugs did not fail. It was a roaring success. The success came as a direct result of rejecting the criticism and policies of the progressive left. The country gave its attention to the American people and crime victims for a change. High school drug use rates and homicide rates fell by half after the dreamland policies of the fuzzy-headed left were rejected, and sound professional policies were adopted.

Samuel Alito, Associate Justice
Replied on May 17, 2018

[On Fed's Decision to block New Jersey's bid to Legalize Sports Gambling]: It is as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals, a more direct affront to state sovereignty is not easy to imagine.

Supporting Info

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