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CannaBeat: Feds Move On Cannabis; Could Loosen Laws in Tennessee

“The government has messed this up forever.”

The White House will remove cannabis from the federal list of the country’s most dangerous drugs, according to the Associated Press, a move that could lead to looser laws in Tennessee.

In 2022, President Joe Biden promised to reevaluate cannabis’ placement on Schedule I. Schedule I is the federal government’s classification for some of the worst drugs, such as meth and heroin. These drugs are highly addictive and have no medical use, according to the government.

Biden promised cannabis reform in a statement in October 2022. It outlined three steps his adminstration would take to end what he called the government’s “failed approach” on cannabis so far. 

Back then, Biden pardoned all federal offenses of simple possession and urged governors to do the same. Tennessee Governor Bill Lee did not make any cannabis pardons.

Biden said the next step to reclassify cannabis was to check with the Secretary of Health and Human Services (HHS) and the U.S. Attorney General to “expeditiously” review how cannabis is scheduled under federal law. 

Those conversations went on, apparently, behind the scenes, even out of Congressional view. Last summer Congressman Steve Cohen and Congressman Matt Gaetz grilled Drug Enforcement Agency (DEA) Administrator Anne Milgram for details during a meeting of the House Judiciary Crime and Federal Government Surveillance Subcommittee. They got very few. 

Milgram said her agency couldn’t move on the matter without word from HHS. She said DEA had not heard anything and had not even heard of a timeline for when HHS might send word. 

On Tuesday, The AP reported that DEA will move to reclassify cannabis, citing five anonymous sources. That proposal must then get the approval of the White House Office of Management and Budget and go through a public comment period. If approved, cannabis would be listed on Schedule II, alongside drugs such as ketamine. 

Tennessee lawmakers have long said they wouldn’t approve any looser laws for cannabis unless the drug was moved from Schedule I at the federal level. Despite the creation of the Tennessee Cannabis Commission years ago, a group tasked with establishing a cannabis program for Tennessee, no material changes have been made in state laws.  

State Rep. Jesse Chism (D-Memphis) said he hopes that with the reclassification ”we can start the ball rolling soon and begin having serious discussions here in Tennessee.”

“Our state has spent millions and millions of taxpayer dollars to enforce cannabis laws that are outdated and harmful to a lot of people, including many Tennesseans who are trying to get relief from painful chronic medical issues,” Chism said in a statement. “In addition to wasting those dollars, we’ve completely ignored the financial benefits that could be coming the state’s way. 

“I’ve filed several pieces of legislation ranging from allowing medical use to decriminalization to even trying to put a non-binding referendum on the ballot to hear from Tennessee’s voters. The main point of contention has always been its federal classification.  Hopefully, with this movement we can start the ball rolling soon and begin having serious discussions here in Tennessee.”

Tennessee Senate Democratic Caucus Chairwoman Sen. London Lamar (D-Memphis) applauded the move, saying it will will have benefits for Tennesseans seeking medicinal cannabis.

“Reclassifying marijuana as a less-dangerous drug at the federal level is a historic decision, driven by common sense,” Lamar said in a statement. “Republican lawmakers have kept Tennessee in the dark ages on marijuana policy — wasting our tax dollars locking people up for a plant. While my ultimate goal is still legalization in Tennessee, this is incredible news for folks who would benefit right now from natural medical cannabis to treat chronic pain or illness.”

Cohen, a longtime advocate for cannabis reform, was frustrated by delays in the process during that Congressional hearing last year. “I’ve been here 17 years … and I’ve seen DEA heads, I’ve seen [Federal Bureau of Investigation] directors, I’ve seen attorney[s] general, exactly where you’re sitting, say governmental gibberish about marijuana. They’ve done nothing for 17 years, and for years before that. It goes back to the [1930s]. 

“The government has messed this up forever and you need to get ahead of the railroad. You’re going to get something from HHS. Biden understands [cannabis] should be reclassified. He said from [Schedule I to Schedule III] and it should be classified from [Schedule I] to 420. We ought to just clean it up and get over with it.”