The federal government is finalizing the reclassification of cannabis. The U.S. Department of Justice published a proposed rule in the U.S. Federal Register to reclassify cannabis from Schedule I of the federal Controlled Substances Act (CSA) and move it to Schedule III.

For over 50 years, cannabis has been classified as a Schedule I controlled substance, a classification reserved for drugs with “no medical value.” Many critics from the cannabis industry have criticized the reclassification, saying that only decriminalization is enough and that moving cannabis to Schedule III only puts it in a slightly less restrictive category.

Then on Oct. 6, 2022, President Biden asked the Attorney General and the Secretary of Health and Human Services (HHS) to launch a review of how cannabis is classified. After receiving HHS’s recommendations last August, the Attorney General first sought legal advice from the Justice Department’s Office of Legal Counsel (OLC). Then, based on the HHS’ medical and scientific determinations, and OLC’s legal advice, the Attorney General exercised his authority under the law to initiate the rulemaking process to reclassify cannabis.

The proposed rule was first announced by the DOJ Office of Public Affairs on May 16, and follows a series of recommendations and approvals.

“The Department of Justice proposes to transfer marijuana from schedule I of the Controlled Substances Act (CSA) to schedule III of the CSA, consistent with the view of the Department of Health and Human Services (HHS) that marijuana has a currently accepted medical use as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence,” the proposal for the federal register reads. “The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing.”

“If the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations,” the proposal reads. “If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA’s definition of “marijuana” would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act (FDCA). DOJ is soliciting comments on this proposal.”

The National Organization for the Reform of Marijuana Laws (NORML) offered cautious enthusiasm for change, finally at the federal level.

“NORML is in a unique position to mobilize interested parties to provide their perspectives throughout the public comment period and we will be encouraging advocates and experts to do so in the coming weeks,” said NORML’s Deputy Director Paul Armentano. “In particular, it is important that the voices of both physicians and patients are heard and considered, as the Justice Department weighed the real-world experiences of doctors and their patients in medical cannabis states when making their recommendation to reclassify.”

“Additionally, NORML will be submitting our own comprehensive comments substantiating the evidentiary record that cannabis possesses accepted medical utility and comparatively low dependence liability,” Armentano continued. “We will also be addressing a number of the issues raised by political opponents with respect to cannabis’ impact on public health, making it clear that these concerns do not warrant the continued classification of cannabis as a Schedule I substance. While NORML ultimately favors descheduling rather than rescheduling, we understand that reclassification is associated with both symbolic and tangible benefits to the cannabis community, both in the short-term and the long-term.”

Public Comment Period on Reclassification Move

Now that the rule proposal has been published on the Federal Register, the public comment period will kick off and run for about 60 days.​​

The rescheduling of a controlled substance must undergo a formal rulemaking procedure that requires a notice to the public, informing them of an opportunity to comment and an administrative hearing. Then the DEA will gather and consider information and views submitted by the public, in order to make a determination. During that process, and until a final rule is published, marijuana remains a schedule I controlled substance.

Comments must be submitted electronically or postmarked on or before July 22, 2024. Interested persons may file a request for a hearing or waiver of an opportunity for a hearing or to participate in a hearing pursuant to 21 CFR 1308.44 and in accordance with 21 CFR 1316.47 or 1316.49, as applicable, which must be received or postmarked on or before June 20, 2024.

The DOJ encourages that all comments be submitted through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or to attach a file for lengthier comments. Individuals can go to the regulations website and follow the online instructions at that site for submitting comments.

The post Department of Justice Publishes Proposed Rule in Federal Register To Reclassify Cannabis first appeared on High Times.

The post Department of Justice Publishes Proposed Rule in Federal Register To Reclassify Cannabis appeared first on Paradise Found.

The Office of the Pardon Attorney (PARDON), which operates under the U.S. Department of Justice (DOJ), recently published its FY 2025 President’s Budget Submission. PARDON is responsible for carrying out instructions related to the executive clemency process, which includes reviewing and investigating clemency applications, as well as issuing recommendations to the president. 

For next year, PARDON is requesting $12,568,000 in funds, which would go toward funding 40 additional positions (including 26 attorneys) “to achieve its mission of advising and assisting the president in the exercise of the executive clemency power conferred to him by Article III, Section 2 of the Constitution.”

Among various listed upcoming challenges is the recent increase in clemency applications. The report stated that prior to FY 2014, and especially during the 1990s, PARDON only included 11 staff positions, which was enough to tackle the 600 applications that would come in annually. However, between FY 2012-FY 2023, PARDON received 52,065 applications.

PARDON is hoping to increase its resources further due to this increase in applications specifically related to cannabis. “PARDON expects to continue to receive incoming clemency cases, both pursuant to ordinary case submissions—which historically increase in proximity to presidential elections—and to the President’s October 2022 and December 2023 Proclamations pardoning individuals convicted of simple possession of marijuana,” the report stated.

The report continued to explain the status of the agency, noting that as of February 2024, only 171 pardon certificates were issued, and a total of 184 since 2023. PARDON explained that certificates are issued only after a thorough case investigation has been conducted.

However, with an increase in funds, PARDON seeks to increase the rate at which cases are conducted. “The FY 2025 request will allow PARDON to both continue to review and address pending clemency cases, receive new ones, evaluate capital cases, and process the influx of submissions pursuant to the two Presidential Proclamations on marijuana,” PARDON stated.

Furthermore, PARDON is setting a goal of increasing its “Percentage of marijuana certificates issued to eligible recipients within 30 days of application receipt,” to 80% in FY 2024.

President Joe Biden initially announced that he would be pardoning federal cannabis prisoners in October 2022, and also promised that the White House would “review expeditiously” the current classification of cannabis. The DOJ began to conduct investigations for pardon applications in March 2023, but didn’t begin issuing pardon certificates until after September 2023 under Biden’s order. It also held a public comment period between March 2023 and August 2023, in order to gather information on how to “expeditiously” act on Biden’s order to grant pardons related to simple cannabis possession.

In December 2023, Biden pardoned 11 people who held non-violent cannabis convictions and expanded his pardon initiative to include offenses that occurred on federal property. “America was founded on the principle of equal justice under law. Elected officials on both sides of the aisle, faith leaders, civil rights advocates, and law enforcement leaders agree that our criminal justice system can and should reflect this core value that makes our communities safer and stronger,” Biden said. “That is why today I am announcing additional steps I am taking to make the promise of equal justice a reality.”

Much more recently in March, Vice President Kamala Harris hosted a weed policy reform summit where she said that the current schedule of cannabis is “absurd” and called for it to be rescheduled as soon as possible. The summit was attended by rapper Fat Joe, recently pardoned advocate Chris Goldstein, and Kentucky Gov. Andy Beshear. “I hope everyone can recognize the importance of Vice President Harris calling to “legalize marijuana” in a room that Richard Nixon built = huge,” Goldstein posted on X.

Amidst a shift in promises for cannabis rescheduling or a lifting of federal prohibition, legislators are still calling on Biden to commute the sentences of all federal cannabis prisoners. A total of 36 legislators signed a letter to Biden on March 14, inquiring about Biden’s 2020 campaign pledge to decriminalize cannabis on a federal level. “Until the day Congress sends you a marijuana reform bill to sign, you have a unique ability to lead on criminal justice reform and provide immediate relief to thousands of Americans,” the letter stated. “It is inconsistent for the federal government to keep punishing individuals for violating a ban that it does not actually support and that an overwhelming majority of Americans oppose on a bipartisan basis… We ask that you commute the prison sentences of all individuals who are incarcerated for federal marijuana offenses.”

Some governors are continuing to push for cannabis-related pardons, such as Massachusetts Gov. Maura T. Healey. In mid-March Healey announced her plans to pardon cannabis misdemeanors. She said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and that it “could impact hundreds of thousands of people.”

The post Office of the Pardon Attorney Requests Funds To Tackle Pardon Applications appeared first on High Times.

The post Office of the Pardon Attorney Requests Funds To Tackle Pardon Applications appeared first on Paradise Found.

The Department of Justice has rescinded a DEA decision to fire a special agent who was let go due to a positive reading for CBD on a drug test.

DEA special agent Anthony L. Armour will be re-hired as a special agent and be reimbursed for back pay and legal expenses after a years-long court battle that stretches back to 2019 when a routine drug test showed he had been using CBD, which Armour maintained in court was for the purpose of treating chronic pain in lieu of highly-addictive opioid based painkillers.

“I’m excited to be getting back to work at DEA,” Armour said to The New York Times. “I hope to finish my career at DEA by helping its mission in taking dangerous drugs like fentanyl off the streets.”

Armour’s battle with chronic pain goes back to an injury he sustained during his college football career. He was also injured on the job as a DEA agent in a car crash during a surveillance operation, after which he suffered from back pain and a sprained neck. He ordered CBD products and a vaporizer from the internet, under the impression that he was not taking any illegal risks as the 2018 Farm Bill federally legalized hemp products. 

“For Armour and many others in this country, this change meant new opportunities—particularly as to CBD, a non-THC cannabinoid in the cannabis plant,” a portion of the lawsuit said. “Armour hoped CBD oils could play a role in his pain management. That he did is unsurprising. From Martha Stewart to Wrigley Field, CBD has become embedded in American culture.”

After he failed the drug test, Agent Armour turned the CBD products he had ordered into his superiors. Under federal law, hemp-derived products are defined as such if they contain less than 0.3% THC (please follow these handy-dandy little hyperlinks if you want more information on the clusterfuck of loopholes the Farm Bill created with regard to hemp-derived cannabis products). Of the three different hemp-based products Agent Armour turned in, court documents showed that two of them tested within the 0.3% THC range but one of them tested above the allowed threshold at 0.35%, which could be due to the notoriously unreliable potencies of hemp products and the methods by which they are tested.

The DEA even went so far as to double down on their decision years into the lawsuit in late August of 2023. They filed a court brief defending Agent Armour’s termination just days before the Department of Health and Human Services officially recommended the federal rescheduling of cannabis from Schedule 1 to Schedule 3. The DEA also issued an official notice to all DEA employees after Armour’s termination to avoid all CBD products despite their federally legal status.

“Mr. Armour was an outstanding DEA agent when he took a chance in 2019. He believed it was unlikely that CBD products would cause him to test positive for marijuana, but he knew it was possible, and he bought those unregulated products on the internet and consumed them anyway,” the DEA brief said. “Mr. Armour argues that he ‘displayed negligence or poor decision-making,’ and DEA properly held him accountable for his poor decisions when they resulted in a verified positive drug test. DEA lost trust in Mr. Armour and properly removed him.”

Despite a years-long fight to keep Agent Armour off the payroll the DEA has agreed to reinstate him and pay him $470,000 in back pay and legal fees, according to the New York Times who obtained a copy of the court filings from earlier this month. Agent Armour told the New York Times he still sees value in using CBD for pain management but that he will consult a medical professional for viable alternatives upon his return to work. 

“Federal drug testing policies—and importantly, attitudes about drug testing—have not caught up with the times. I’m not the only career law enforcement officer in this country with chronic pain, nor am I the only law enforcement officer that has turned to legal cannabis products to address pain,” Agent Armour said in court testimony in September. “Nobody should have to choose between suffering pain and serving our country.”

The post DEA Re-Hires Agent Who Was Fired for Taking CBD appeared first on High Times.

The post DEA Re-Hires Agent Who Was Fired for Taking CBD appeared first on Paradise Found.

The U.S. Department of Justice (DOJ) announced in March that it was officially opening up an online portal to make it easier than ever for those who hold low-level cannabis convictions to apply for a pardon. Now the DOJ’s Office of the Pardon Attorney published a notice on July 18 stating that the deadline has been extended until August 15.

The Office of the Pardon Attorney wrote that it is submitting a request to extend pardon applications through 2026. “DOJ seeks PRA [Paperwork Reduction Act] authorization for this information collection for three (3) years,” it stated. “OMB [Office of Management and Budget] authorization for an ICR [Information Collection Request] cannot be for more than three (3) years without renewal. The DOJ notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.”

“The purpose of this collection is to gather information necessary to enable the Office of the Pardon Attorney, U.S. Department of Justice to expeditiously administer the provisions of the Executive Order 10467, a proclamation granting pardons to individuals charged or convicted of simple possession of marijuana,” the notice stated. “The collection will enable individuals to apply for certificates of pardon, restoring political, civil, and other rights by implementing a process to provide certificates of pardon as provided by the order.”

The DOJ expects 20,000 people to apply for a pardon and complete the necessary information, which includes personal information (name, mailing address, email address, and citizenship status) as well as individual docket and case number, the code section for the charge, copies of all relevant documents (such as indictments, complaints, or other conviction documents), and the date the sentence was imposed.

This pardon directive was enacted by President Joe Biden in October 2022. “As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden tweeted. “Today, I’m taking steps to end our failed approach.”

The DOJ explained in March what makes a person eligible for a pardon. “Those who were pardoned on Oct. 6, 2022, are eligible for a certificate of pardon,” the DOJ wrote in a press release. “Consistent with the proclamation, to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court, and the applicant must have been lawfully within the United States at the time of the offense.”

Following Biden’s pardon announcement, the U.S. Sentencing Commission announced that more than 1,450 people in Arizona with federal cannabis possession charges would be pardoned. The only state to receive more pardons is California, with 1,550 eligible people. However, the pardons do not affect those whose convictions include selling cannabis illegally.

The U.S. Department of Health and Human Services and U.S. Food and Drug Administration (FDA) are currently working on an eight-step federal cannabis scheduling review to determine if cannabis should be rescheduled under the Controlled Substances Act. However, there is no definitive deadline that marks when these agencies will complete the review. If or when it is finished however, it would be sent to the Drug Enforcement Administration for final decisions.

Recently, officials in multiple states, including Illinois, Maryland, Massachusetts, Minnesota, and Utah, sent data to the FDA regarding their medical cannabis programs with the intention of contributing to the review.
Federal rescheduling or descheduling cannabis could open up many opportunities for cannabis consumers and businesses. Just recently, cannabis businesses in Vermont were informed that they were not eligible for federal emergency aid, due to cannabis being a Schedule I substance, when powerful storms caused flooding throughout the state and harmed their businesses and livelihood.

The post U.S. Department of Justice Extends Pardon Certificate Comment Deadline to August 15 appeared first on High Times.

The post U.S. Department of Justice Extends Pardon Certificate Comment Deadline to August 15 appeared first on Paradise Found.

The time is now to expedite the process and get proof of pardon for low-level federal cannabis convictions that no longer stand today yet still haunt individuals, sometimes decades later. According to a March 3 announcement, the U.S. Department of Justice is launching the application to make the process easier for people with low-level federal cannabis convictions. 

For people who are interested, you’ll need to gather personal details like name, mailing address, email address, and citizenship status. You’ll also need to know the docket or case number and the code section that was charged, and provide copies of documentation, such as charging documents (indictment, complaint, or criminal information) or conviction documents. It’s also important to know the exact date the sentence was imposed.

Pardons for low-level cannabis convictions were promised by President Joe Biden last October.

“Today, the Justice Department is launching an application for eligible individuals to receive certificate of proof that they were pardoned under the Oct. 6, 2022, proclamation by President Biden,” the department wrote on March 3. 

“On Oct. 6, 2022, the President announced a full, unconditional and categorical pardon for prior federal and D.C. offenses of simple possession of marijuana. The President’s pardon lifts barriers to housing, employment and educational opportunities for thousands of people with those prior convictions. President Biden directed the Justice Department to develop a process for individuals to receive their certificate of pardon.”

The Application for Certificate of Pardon will be available on the Office of the Pardon Attorney’s website. People with eligible cases may submit documentation to the Office of the Pardon Attorney and receive a certificate indicating the person was pardoned on Oct. 6, 2022, for simple possession of cannabis.

The President’s pardon can assist pardoned cases by removing civil or legal penalties such as restrictions on the right to vote, to hold office, or to sit on a jury.

The process makes getting proof of pardon quite a bit easier for people seeking to obtain licenses, bonds, or employment. President Biden said last October that the point of pardoning low-level cannabis convictions is to “help relieve the consequences arising from these convictions.” 

In order to be eligible for a certificate, an applicant must have been charged or convicted of simple possession of cannabis in either a federal court or D.C. Superior Court, and the applicant must have legally resided the United States at the time of the offense. In addition, an individual must have been a U.S. citizen or lawful permanent resident on Oct. 6, 2022.

Those who were convicted of state-level cannabis offenses do not qualify for the pardon.

In a historic move on October 6, 2022, Biden announced that he will pardon people with federal convictions for simple possession of cannabis, and announced that he will direct the U.S. Attorney General Merrick B. Garland and Secretary of the Department of Health and Human Services Xavier Becerra to begin the process of reviewing the classification of cannabis at the federal level.

The White House statement noted that under current federal law, cannabis falls under Schedule I alongside deadly drugs like fentanyl. The White House will  “review expeditiously” the plant’s current classification.

“As I’ve said before, no one should be in jail just for using or possessing marijuana,” Biden tweeted. “Today, I’m taking steps to end our failed approach. Allow me to lay them out.”

For more information about determining eligibility and to find answers to frequently asked questions, visit Presidential Proclamation on Marijuana Possession.

The post Justice Department Launches Pardon Certificate Application appeared first on High Times.

The post Justice Department Launches Pardon Certificate Application appeared first on Paradise Found.

Federal law enforcement continues to make fewer and fewer arrests for weed, according to data released by the Department of Justice, a trend that dovetails with the new cannabis laws that have bloomed in the last decade.

From 2010 until 2020, there was an 11% decline in cannabis-related arrests by Drug Enforcement Administration (DEA) officers, the report from the Justice Department said.

That same time period saw a seven percent decline in arrests for crack cocaine, and a six percent decline in arrests for powder cocaine.

In raw numbers, the DEA made 8,215 arrests for cannabis-related offenses in 2010, compared with 2,576 in 2020. 

The number of pot-related arrests declined each year in that decade.

The cannabis reform advocacy group NORML also pointed to data from the United States Sentencing Commission (USSC), which reported that “federal convictions for marijuana-related activities have similarly declined over the past decade.”

“Marijuana law enforcement is becoming less of a federal priority in an age where the majority of Americans believe that cannabis ought to be legal,” NORML’s Deputy Director Paul Armentano said. “It is vital that Congress takes action to amend federal law in a manner that comports with this reality,” he continued.

The decline in weed arrests coincided with a period in the country that has seen a growing number of states and cities end prohibition and legalize recreational pot use for adults.

Polls consistently show broad, bipartisan support for cannabis legalization.

But despite the change in laws and attitudes, cannabis remains illegal on the federal level as a result of its status on the Controlled Substances Act.

With Democrats controlling Congress and the executive branch, there is hope among advocates that legalization will finally go national.

In April, Democrats in the House of Representatives passed the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, a measure that would remove pot from the Controlled Substances Act.

Democrats in the Senate have said that they will offer up their own legalization bill. That was initially supposed to happen by the end of April, but Senate Majority Leader Chuck Schumer later said that the bill will likely be unveiled before the Congressional recess in August.

Schumer has made no secret of his desire to pass a legalization bill.

Last year, he said that the party was eager to move on the issue, despite President Joe Biden’s own misgivings about ending prohibition.

“We will move forward,” Schumer said at the time. “[Biden] said he’s studying the issue, so [I] obviously want to give him a little time to study it. I want to make my arguments to him, as many other advocates will. But at some point we’re going to move forward, period.”

“In 2018, I was the first member of the Democratic leadership to come out in support of ending the federal prohibition. I’m sure you ask, ‘Well what changed?’ Well, my thinking evolved. When a few of the early states—Oregon and Colorado—wanted to legalize, all the opponents talked about the parade of horribles: Crime would go up. Drug use would go up. Everything bad would happen,” he added. “The legalization of states worked out remarkably well. They were a great success. The parade of horribles never came about, and people got more freedom. And people in those states seem very happy.”

There were other notable takeaways in the report from the Department of Justice, which noted that “U.S. marshals made 120,112 arrests [in Fiscal Year 2020], a 42% decrease from the 206,630 bookings in FY 2019.”

The report also said that the “coronavirus pandemic drove an 81% decline in arrests and 77% decline in cases charged from March to April 2020,” and that of “the 26,696 Drug Enforcement Administration arrests in FY 2020, the most common drug type involved was methamphetamine (8,783 arrests), followed by powder cocaine (4,474 arrests).”

The post DEA Reports Ongoing Decline in Federal Pot Arrests appeared first on High Times.

The post DEA Reports Ongoing Decline in Federal Pot Arrests appeared first on Paradise Found.