01/05/2024
Scheduling Decisions are a Mixture of Science, Law—and Politics
First, let me begin by stating the obvious: this rescheduling, as opposed to others, is a deeply political process. It may seem like an obvious point, but it is a critical one—and one I will return to at the end.
This process was initiated by the President of the United States. That may seem surprising to some. After all, he doesn’t have the best track record on drug policy. But whatever one thinks of that, he does seems to have compassion on many issues, especially those that hit close to home.
Today, Joe Biden says he’s always been in favor of legalizing medical ma*****na. Perhaps we should believe him, or at least over the past decade. After all, the Biden clan was all aboard the medical ma*****na train as early as 2014 in relation to Beau Biden’s cancer treatment:
I think this President understands that the former Attorney General of Delaware, veteran, and brain cancer victim shouldn’t have had to look for a way to “do it quietly.” Nor should anyone else. If a family and their doctor agree that ma*****na could ease the suffering of a dying patient, ma*****na should be available to the patient—and at minimum, it should not be federal contraband under those circumstances.
If medical ma*****na is legal in a state, the decision whether to use it in treatment should be a decision made by doctors and patients—not the U.S. Drug Enforcement Administration. And I hope the White House tells Anne Milgram that. As Amber Littlejohn importantly points out, this President did not initiate rescheduling process because he cares about or has been influenced by the cannabis industry. I’m as cynical as they come when it comes to agencies; but here, I think the President instructed the agencies to proceed only because he cares about doing the right thing.
If we’re looking for motivation and direction, to me, that’s it. My best read on the situation is that the President asked agencies to initiate this process because he cares about justice issues, research, and potentially alleviating suffering. And while he also cares about jobs, he probably doesn’t care too much about the industry per se and certainly not 280E, except insofar as it relates to those other primary concerns (which it does).
This is why—politics, not precedent, science, or legal authority—if I had to bet, I’d put my money on DEA sticking with the HHS recommendation and also landing on Schedule III. As we’ve explained all over On Drugs, the scheduling criteria are so amorphous so as to allow DEA and HHS to justify placing a drug in almost any schedule; the classifications as a whole don’t make any sense whatsoever.
From Hunter Biden's Laptop to DEA's Orange Book to Staggered Listings