Local Politicians Call On DEA, Attorney General To Deschedule Marijuana, End Restrictive Policies On Cannabis
IN HARLEM, GILLIBRAND CALLS ON ATTORNEY GENERAL AND DRUG ENFORCEMENT ADMINISTRATION TO DESCHEDULE MARIJUANA
HARLEM, N.Y. – On Sunday, January 28th, U.S. Senator Kirsten Gillibrand stood with New York State Senator Cordell Cleare, New York City Council Member Yusef Salaam, and New York State Assemblymember Eddie Gibbs in Harlem to call on the Attorney General and the Drug Enforcement Administration (DEA) to deschedule marijuana.
The highly stigmatized substance is currently classified in the same category as heroin and a more dangerous category than fentanyl or cocaine — even though marijuana is not associated with the same acute health risks and potential for addiction and abuse.
Additionally, people of color are more likely to have criminal records for marijuana possession and to face needless barriers to employment, housing, and educational opportunities as a result.
Senator Gillibrand is calling on the Biden administration to swiftly end the nation’s overly restrictive federal marijuana policy.
“Descheduling marijuana from the Controlled Substances Act is not just a social justice issue; it’s an economic, medical, and public safety issue. Since marijuana was classified as a Schedule I substance during the war on drugs, countless lives have been torn apart, and individuals in primarily Black and brown communities have been targeted for nonviolent cannabis-related offenses,” said Senator Gillibrand.
“Studies show that legalizing marijuana could help reduce violence in international drug trafficking, and generate billions of dollars for the economy. The vast majority of Americans agree that marijuana should be legalized – that’s why I’m calling on the Attorney General and the Drug Enforcement Administration to swiftly deschedule marijuana from the Controlled Substances Act.”
“For too many years, this country has waged a failed War on Drugs, including the criminalization of marijuana, that has inflicted untold suffering on millions of Americans,” said Congressman Nadler.
“Marijuana never should have been placed on the most restrictive schedule of the Controlled Substances Act—alongside substances such as heroin and cocaine. I appreciate the Biden Administration’s decision to review the status of marijuana, and I strongly urge the Administration to deschedule it completely. It is time to end the prohibition and criminalization of marijuana at the federal level.”
“The War on Drugs is over – we all know this by now. And, in the end, it turns out it was nothing more than a war on the American people, particularly people of color. In New York, as in so many other states, we have demonstrated that it is possible to legalize adult-use cannabis without the sky falling. The sooner everyone in Washington admits these obvious facts, the better. I thank Sen. Gillibrand for taking leadership on this critical issue.” – New York State Senator Krueger
“Empire State NORML strongly supports Senator Gillibrand’s call for the federal descheduling of cannabis. The repeal of cannabis prohibition through rescheduling does not promote New York’s stated goal in the Marihuana Regulation and Taxation Act (“MRTA”), of redressing the harms of the War on Drugs.
“Rescheduling cannabis as a Schedule III medicine may be the catalyst to the unintended consequence of creating a national medical monopoly that could supplant the existing cannabis industry found in New York and more than 40 other states which has produced more than half a million jobs and billions of dollars of revenue.
“Such an industry contraction and concentration of the ownership of the means of production to the medical industry could stifle competition and inhibit strain development and cannabinoid innovation richly found in the existing and ongoing market. Preservation of the state economies built around the cannabis industry and continued participation of the diverse pool of independent operators and entrepreneurs across the nation should be a greater priority than solely bestowing alleviation from IRS Code 280e to a chosen few. The potential for that devastating consequence can be avoided by descheduling cannabis and allowing the states to continue in their missions to foster existing markets while promoting at a more grass roots level the health and welfare of their cannabis consuming constituents.” – Empire State NORML
“We all deserve marijuana laws rooted in equity, health, safety, and dignity. As a country we have made progress toward addressing the racist, hideous legacy of marijuana criminalization, and the lifelong collateral consequences caused for many of our loved ones.
“However, as long as marijuana remains on the Controlled Substances Act, the harms of federal marijuana criminalization will persist. We thank Senator Gillibrand for her leadership in calling for marijuana descheduling, and we are encouraged that a growing number of her colleagues in Congress and the majority of voters agree that it’s long past time to end federal marijuana criminalization.” – Drug Policy Alliance
The Controlled Substances Act (CSA) divides controlled substances into five schedules, ranging from Schedule I to Schedule V. Marijuana is currently a Schedule I drug — a classification reserved for the CSA’s most dangerous drugs described as having:
- high potential for abuse;
- no currently accepted medical use in treatment in the United States;
- a lack of accepted safety for use under medical supervision.
As a Schedule I drug, marijuana exists in the same category as heroin and a more dangerous category than fentanyl or cocaine, despite evidence that it does not pose as much harm or create the same degree of dependence. This scheduling decision was made against the political backdrop of the early 1970s, when cannabis prohibition was used to target the antiwar left and Black people.
Note: As reported in The Hill, President Biden has already asked the DEA to reschedule marijuana from a Schedule I drug, with no accepted medical use or benefit, to a Schedule III drug, which would allow it to be studied and potentially used to treat various health conditions. However, as stated succinctly by NORML, rescheduling it would pave the way for monopolization of production and sale by a few wealthy corporations. For this and other reasons, Senator Gillibrand is calling for complete descheduling.
Since 38 states have already made the move to allow legalization for medical uses, with others also allowing recreational use, there is mounting evidence for the beneficial use of cannabis, particularly for epilepsy and other health conditions for which either conventional medicine has few answers, or there are few medicines available that don’t themselves cause damaging side effects that can be worse than the disease to be treated.
However, as stated by Karen O’Keefe to The Hill, “White folks and African Americans tend to use cannabis at roughly the same rates. Despite that, we see more than three times as many arrests for cannabis possession by Black individuals as we do for white individuals. We see these disparities at every level — at searches, stops, arrests, sentencing, and incarceration, and we also have some cases where law enforcement were very explicitly motivated by racism”
At the same time as the aforementioned request, President Biden pardoned all individuals convicted of simple criminal possession under federal law, which was supposed to affect thousands of people. However, more complex cases of possession or prior convictions that weren’t drug related would not have been affected.
There were two separate pardons, the second, described below by The Office of the Pardon Attorney of the Department of Justice, and the following initial pardon issued by the White House. The first pardon states, “Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Joseph R. Biden Jr., do hereby grant a full, complete, and unconditional pardon to (1) all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1), on or before the date of this proclamation, regardless of whether they have been charged with or prosecuted for this offense on or before the date of this proclamation; and (2) all current United States citizens and lawful permanent residents who have been convicted of the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the United States Code, or in violation of D.C. Code 48–904.01(d)(1); which pardon shall restore to them full political, civil, and other rights.”
The second extended pardons to include, according to the Pardon Attorney, “offenses under federal law for attempted possession of marijuana; additional offenses under the D.C. Code for simple marijuana possession; and violations of certain sections of the Code of Federal Regulations involving simple marijuana possession and use.”
Banner Image: Police. Image Credit – Markus Spiske
HARLEM, N.Y. – Today, U.S. Senator Kirsten Gillibrand stood with Congressman Jerrold Nadler, New York State Senator Cordell Cleare, New York City Council Member Yusef Salaam, New York State Assemblymember Eddie Gibbs, New York State Assemblymember Rev. Al Taylor, Executive Director of Empire State NORML David Holland, business leaders, and advocates in Harlem to call on the Attorney General and the Drug Enforcement Administration (DEA) to deschedule marijuana. The highly stigmatized substance is currently classified in the same category as heroin and a more dangerous category than fentanyl or cocaine — even though marijuana is not associated with the same acute health risks and potential for addiction and abuse. Additionally, people of color are more likely to have criminal records for marijuana possession and to face needless barriers to employment, housing, and educational opportunities as a result. Senator Gillibrand is calling on the Biden administration to swiftly end the nation’s overly restrictive federal marijuana policy.
“Descheduling marijuana from the Controlled Substances Act is not just a social justice issue; it’s an economic, medical, and public safety issue. Since marijuana was classified as a Schedule I substance during the war on drugs, countless lives have been torn apart, and individuals in primarily Black and brown communities have been targeted for nonviolent cannabis-related offenses,” said Senator Gillibrand. “Studies show that legalizing marijuana could help reduce violence in international drug trafficking and generate billions of dollars for the economy. The vast majority of Americans agree that marijuana should be legalized – that’s why I’m calling on the Attorney General and the Drug Enforcement Administration to swiftly deschedule marijuana from the Controlled Substances Act.”
“For too many years, this country has waged a failed War on Drugs, including the criminalization of marijuana, that has inflicted untold suffering on millions of Americans,” said Congressman Nadler. “Marijuana never should have been placed on the most restrictive schedule of the Controlled Substances Act—alongside substances such as heroin and cocaine. I appreciate the Biden Administration’s decision to review the status of marijuana, and I strongly urge the Administration to deschedule it completely. It is time to end the prohibition and criminalization of marijuana at the federal level.”
“The War on Drugs is over – we all know this by now. And, in the end, it turns out it was nothing more than a war on the American people, particularly people of color. In New York, as in so many other states, we have demonstrated that it is possible to legalize adult-use cannabis without the sky falling. The sooner everyone in Washington admits these obvious facts, the better. I thank Sen. Gillibrand for taking leadership on this critical issue.” – New York State Senator Krueger
“Empire State NORML strongly supports Senator Gillibrand’s call for the federal descheduling of cannabis. The repeal of cannabis prohibition through rescheduling does not promote New York’s stated goal in the Marihuana Regulation and Taxation Act (“MRTA”), of redressing the harms of the War on Drugs. By rescheduling cannabis as a Schedule III medicine may be the catalyst to the unintended consequence of creating a national medical monopoly that could supplant the existing cannabis industry found in New York and more than 40 other states which has produced more than half a million jobs and billions of dollars of revenue. Such an industry contraction and concentration of the ownership of the means of production to the medical industry could stifle competition and inhibit strain development and cannabinoid innovation richly found in the existing and ongoing market. Preservation of the state economies build around the cannabis industry and continued participation of the diverse pool of independent operators and entrepreneurs across the nation should be a greater priority than solely bestowing alleviation from IRS Code 280e to a chosen few. The potential for that devastating consequence can be avoided by descheduling cannabis and allowing the states to continue in their missions to foster existing markets while promoting at a more grass roots level the health and welfare of their cannabis consuming constituents.” – Empire State NORML
“We all deserve marijuana laws rooted in equity, health, safety, and dignity. As a country we have made progress toward addressing the racist, hideous legacy of marijuana criminalization, and the lifelong collateral consequences caused for many of our loved ones. However, as long as marijuana remains on the Controlled Substances Act, the harms of federal marijuana criminalization will persist. We thank Senator Gillibrand for her leadership in calling for marijuana descheduling, and we are encouraged that a growing number of her colleagues in Congress and the majority of voters agree that it’s long past time to end federal marijuana criminalization.” – Drug Policy Alliance
The Controlled Substances Act (CSA) divides controlled substances into five schedules, ranging from Schedule I to Schedule V. Marijuana is currently a Schedule I drug — a classification reserved for the CSA’s most dangerous drugs described as having:
- high potential for abuse;
- no currently accepted medical use in treatment in the United States;
- a lack of accepted safety for use under medical supervision.
As a Schedule I drug, marijuana exists in the same category as heroin and a more dangerous category than fentanyl or cocaine, despite evidence that it does not pose as much harm or create the same degree of dependence. This scheduling decision was made against the political backdrop of the early 1970s, when cannabis prohibition was used to target the antiwar left and Black people.
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