DEA Vs. Dept Of Justice Over Cannabis Rescheduling: Too Many Cooks In The Kitchen?

Following President Joe Biden's recent announcement regarding the rescheduling of cannabis followed by Attorney General Merrick Garland's move to officially begin the process, many expected the task to then be delegated to the DEA, which is part of the Dept. of Justice (DOJ). That didn’t happen.

Garland’s decision to reclassify cannabis without the full backing of the DEA and its chief Anne Milgram has raised eyebrows and sparked debate and controversy, particularly within federal agencies.

Neither Milgram nor the DEA has provided an explanation for this omission, noted the Associated Press. The plan, revealed two months ago in a DOJ meeting, has unfolded exactly as discussed, despite the DEA’s reservations.

"DEA has not yet made a determination as to its views of the appropriate schedule for marijuana," reads a sentence found in Garland's 92-page proposed rules, released last Thursday.

However, DOJ attorneys overruled the DEA's request for more time, deeming the criteria “impermissibly narrow,” reported the AP, which quoted several current and former DEA officials who said they believe political motives are driving this decision.

They argue that Biden is seeking to fulfill a campaign promise and appeal to voters ahead of the upcoming election.

"It's crystal clear to me that the Justice Department hijacked the rescheduling process, placing politics above public safety," said Derek Maltz, a retired agent and former head of the DEA's special ops division. "If there's scientific evidence to support this decision, then so be it. But you've got to let the scientists evaluate it."

Former DEA administrator Tim Shea expressed concern over the demoralizing impact on DEA agents and the potential risks of the new policy.

"If she [Milgram] had supported it she would have signed it and sent it in," said Shea, who served in the Trump administration. "DEA was opposed to this and the politics entered and overruled them. It's demoralizing. Everybody from the agents in the streets to the leadership in DEA knows the dangers this brings."

Meanwhile, the White House has remained silent on the internal discord but reaffirmed Biden’s commitment to his campaign promise. Last week, press secretary Karine Jean-Pierre reiterated Biden’s stance against imprisoning individuals for marijuana possession, noting the disproportionate impact on communities of color.

Justice department attorneys have defended the decision, citing “sharply different views” between the DEA and the Department of Health and Human Services (HHS). In August 2023, the HHS recommended reclassifying marijuana, deeming it less dangerous than drugs like cocaine and heroin and beneficial for treating certain conditions. The DEA, however, questioned these findings and requested more information, which the Justice Department dismissed.

Now Read: Rescheduling Marijuana Is ‘Unjustifiable Abdication Of Responsibility’ Says Black Cannabis Lawyers Assn. Urges Full Decriminalization

Cannabis rescheduling has shaken up the industry, with both positive and negative reactions. To learn about the biggest impacts of this move, and what’s next for the marijuana space join us at the Benzinga Cannabis Capital Conference this October in Chicago. Hear directly from key industry players and policymakers. Get your tickets now by following this link. 

Photo: Courtesy of T. Schneider via Shutterstock