Majority of Public Comments Favor Complete Marijuana Reform
The TDR Three Key Takeaways Regarding Marijuana Reform and Rescheduling Public Comments: •
- A significant majority of public comments advocate for the complete reform of marijuana rather than just rescheduling it.
- Public participation in the comment period reached record numbers, reflecting strong public interest in comprehensive cannabis reform.
- There is a substantial demand for federal marijuana reform to address issues of racial justice and social equity.
Two analyses yesterday reveal that the majority of public comments on the federal government’s proposal to reschedule marijuana to Schedule III of the Controlled Substances Act support more extensive reform. Most of the tens of thousands of comments favor de-scheduling marijuana entirely.
A report from the industry analytics firm Headset found that 57 percent of comments submitted to the Drug Enforcement Administration (DEA) by the deadline called for marijuana to be removed from the CSA altogether. Only 35 percent supported the Biden administration’s plan to reschedule, and a mere 8 percent believed marijuana should remain a Schedule I substance. “These numbers paint a clear picture: over 9 out of 10 individuals who took the time to comment believe that cannabis should not remain a Schedule I substance,” the Headset report noted.
Participation during the public comment period, which began in May and ended on Monday, was unprecedented. It surpassed the previous record set by the contentious 2020 telemedicine rules. Nearly 43,000 comments were received regarding marijuana rescheduling, compared to approximately 38,000 for the telemedicine rules.
A separate analysis by the advocacy group Drug Policy Alliance (DPA) showed similar trends. They found that 69 percent of comments supported federally decriminalizing or descheduling marijuana. This includes nearly a quarter of all comments that were submitted through a tool by United for Marijuana Decriminalization, a key member of which is DPA. The analysis also highlighted that 42.4 percent of the comments mentioned the need for federal marijuana reform to promote racial justice and social equity.
Cat Packer, DPA’s director of drug markets and legal regulation, emphasized that the comments represent a strong public demand for more than just rescheduling. “Under Schedule III, communities of color would still face disproportionate harms and lifelong consequences from federal marijuana criminalization,” Packer stated. She highlighted that rescheduling would still allow for incarceration, deportation, job loss, and other severe penalties for marijuana violations, even in states where it is legal. Packer urged the Biden Administration to fully decriminalize marijuana to meet its stated priorities of racial justice and equity.
As the public comment period concludes, the DEA may hold an administrative hearing to gather additional input before finalizing any rule changes. Meanwhile, public and political debates continue, reflecting the high stakes and widespread interest in the future of federal marijuana policy.
