RESCHEDULING
BE PART OF THE NEXT STEP FOR CANNABIS REFORM
MAKE YOUR VOICE HEARD!
A Schedule Change Is Coming…
Can It Lead to Justice?
On April 30th, 2024 it was reported that the DEA has approved the recommendation that came from the Department of Health and Human Services (HHS) to reclassify cannabis to Schedule III under federal law.
HHS first made their recommendation in August 2023 after President Biden called on the agency to initiate the process in October of 2022. The proposal now goes to the White House Office of Management and Budget (OMB) to review the rule. If approved by OMB, the proposed rescheduling would go to public comment before being finalized.
This historic announcement is the culmination of years of advocacy by Last Prisoner Project and other groups to push the federal government to better reflect the public’s view on cannabis including our coordination of the largest bipartisan action of cannabis advocates earlier this month in Washington, DC.
Our team has since penned a memo for the public's review to better understand how we can leverage this movement to continue our fight for the freedom of all cannabis prisoners.
HOW TO SUBMIT PUBLIC COMMENT
Now is the time to make your voice HEARD! The DEA's decision to reschedule cannabis to Schedule III is now open for the 60-day notice and comment period until July 22. We encourage you to read LPP's memo above and incorporate our suggestions into your comment submission. There are two ways to submit public comment:
To submit online, click here or:
➡️ Go to www.regulations.gov
➡️ Search "Docket No. DEA-1362"
➡️ Type your comment directly or attach a file for longer comments
To submit via mail:
➡️ Must include "Docket No. DEA-1362" on all correspondence
➡️ Paper submissions must be mailed to:
Drug Enforcement Administration
Attn: DEA Federal Register Representative/DPW
8701 Morrissette Drive
Springfield, Virginia 22152
Please note, electronic comments must be submitted by 11:59 PM Eastern Time on the deadline date and mail must be postmarked by July 22, 2024. Duplicate electronic and paper submissions are discouraged.
WHAT TO INCLUDE IN YOUR COMMENT
- Rescheduling is an adminsrative process but descheduling/legalization is a political one. While we’re waiting on the process, contact your US Senators and Representative and tell them you support the full legalization of cannabis by asking them to pass the CAOA, the HOPE Act, the MORE Act, or the States Reform Act.
- And lets not forget, regardless of classification, with the stroke of a pen, the President can use his executive clemency power to commute the sentences of all those currently serving federal cannabis-related sentences. We’ve already sent him the list! Now urge your governor and the President to release all cannabis prisoners.
- Although 24 states and the District of Columbia have legalized adult-use cannabis and the vast majority of the U.S. population now live in states with some form of legal cannabis, tens of thousands of people continue to be criminalized for cannabis-related offenses.
- Rescheduling cannabis to Schedule III, without further action from the President, would likely lead to some prosecutors and sentencing judges viewing cannabis-related activity as a lower priority when making charging and sentencing decisions. In the absence of full descheduling, the current White House should formalize this type of mandate for federal prosecutors.
- Rescheduling cannabis to Schedule III provides a strong foundation to amend existing policies to ensure that the consumption of cannabis, especially for valid medical reasons, does not put an individual’s probationary or parolee status at risk.
LEARN MORE ABOUT RESCHEDULING AND HOW IT RELATES TO CANNABIS JUSTICE REFORM
What does a potential reclassification of cannabis at the federal level mean? While this move signifies progress, it does not provide justice to the tens of thousands still incarcerated. It’s important to note that even full descheduling would not lead to the release of cannabis prisoners or the expungement of records. We can, however, use this moment to push for these reforms.
It is imperative that as the federal government seeks to downgrade cannabis’ status from a Schedule I drug, advocates are pushing for the full legalization of cannabis, which will require descheduling and effective strategies for undoing the past harms through retroactive relief.
LPP’s Executive Director, Sarah Gersten, breaks it down for you and answers questions in the videos below:
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