“The DEA is evaluating the possibility of rescheduling cannabis but the results aren’t in yet. We are seeing however, some support by legislators, and even some speaking out about descheduling and complete legalization.

On Feb 26 Rep. Sydney Kamlager-Dove (D-CA) wrote a letter to the DEA to reject any argument that marijuana rescheduling would violate international treaties. But what would that matter anyway, except that the US created those treaties?  The US ignores any treaty that it wants to, like the treat to protect human rights.

She actually goes farther than the discussion by the DEA cannabis scheduling review when she says

“Cannabis should be removed from the Controlled Substances Act (CSA) schedule entirely,”

“However, I acknowledge that the rescheduling of cannabis is a historic first step to addressing the harms of the War on Drugs, which is why I want to ensure that U.S. Treaties are not considered as a potential reason against rescheduling or de-scheduling marijuana.”

“Rescheduling marijuana to Schedule III is a welcomed move towards mitigating the devastating impacts that marijuana’s place on the CSA has caused. As an advocate for the removal of marijuana from the CSA, I recognize that rescheduling serves as an initial stride toward achieving the ultimate goal of decriminalization. Therefore, at minimum, I ask that you follow HHS recommendations and reschedule marijuana to Schedule III and reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations.”

In 2016, DEA did deny an earlier marijuana rescheduling petition, noting that, “in view of United States obligations under international drug control treaties, marijuana cannot be placed in a schedule less restrictive than schedule II.”

Prohibitionists have insisted that the U.S. must adhere to decades-old global agreements on drug policy that experts have contested. Legal experts, however, released an opinion that disputes that assessment. In fact, they argued that a move to Schedule III would better uphold the country’s broader obligations under international law to regulate cannabis in a way that protects public health and safety.

Rep Kamlager-Dove stated:
As an advocate for the removal of marijuana from the CSA, I recognize that rescheduling serves as an initial stride toward achieving the ultimate goal of decriminalization. Therefore, at minimum, I ask that you follow HHS recommendations and reschedule marijuana to Schedule III and reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations.”

Among those who’ve raised concerns about treaty obligations blocking a move to Schedule III is Rep. Andy Harris (R-MD). He claims that any reclassification that puts marijuana outside of Schedule I or Schedule II “would constitute a violation of the Single Convention,” referring to the 1961 United Nations (UN) Single Convention on Narcotic Drugs.

But as a coalition of 12 senators pointed out in a separate letter to the DEA, the UN has since revised global cannabis scheduling policies and allowed other member states, such as Canada, to legalize and regulate marijuana without penalty. Those lawmakers urged DEA to legalize marijuana completely. A separate post will be written about this.

Uruguay and Canada now have full adult-use legalization. Neither country viewed their Treaty obligations as an obstacle to such a move, nor has suffered repercussions from the international community as a result.

The DEA, however, asserts that they have final authority in the decision making, though officials so far have given no indication of the current status of their review, despite urging by lawmakers.

While many lawmakers, governors, and legislators have pushed DEA to accept the HHS recommendation by moving marijuana to Schedule III, Congressional Cannabis Caucus co-chair Rep. Barbara Lee (D-CA) is opposed to the modest reform, arguing that it could set the country back on the path to federal legalization another 50 years. 

Meanwhile, those opposed to the rescheduling are the US Attorneys, former DEA heads, and former White House drug czars. Gee, I wonder why?  Could it be the money? They also made a questionable claim about the relationship between drug schedules and criminal penalties in a way that could exaggerate the potential impact of the incremental reform. Wow! Rescheduling marijuana could release a lot of innocent citizens from prisons, especially those of color. Now we can’t have that in our society, can we?  After all, the War on Drugs was designed to disenfranchise and incarcerate minorities.

 Meanwhile, a coalition of 14 Republican congressional lawmakers urged the DEA to reject the HHS recommendation to reschedule marijuana and instead keep it in the most restrictive category under the CSA. I’d like to know who those legislators were.

One problem with rescheduling and making cannabis only legally available as an FDA-approved prescription drug is that a poll of about one-third of marijuana consumers say they would go back to the illicit market. 

We must do away with the CSA all together.  The fact that marijuana, criminalized 50 years ago, is now proven to be a fantastic treatment for a lot of medical conditions substantiates the effects of propaganda—that it takes 50 years for propaganda to be offset by the truth.  We are now 20 years into the criminalization of opioid treatment by doctors. Are we really going to wait another 30 years to get this propaganda offset?  The answer is available, if people would just learn. It can be done. But it is up to the people being affected. If you want it to end, learn the truth that I teach, and then teach it to others. Join the communication campaign with your legislators. Commend those legislators that understand the truth. Fire those that won’t. This is the year we can make a difference.

Linda Cheek, MD

About the Author Linda Cheek, MD

Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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