Tell Congress to Deschedule Marijuana to End Federal Criminalization

U.S. Congress

Today, nearly half of all states have legalized marijuana in some form. And 88% of adults support legal marijuana for recreational or medical use. DPA is proud to have paved the way for marijuana reform and legalization across the country. But we still have a long way to go to achieve marijuana laws grounded in health, justice, and equity.

After President Biden ordered a review of marijuana’s scheduling under the Controlled Substances Act (CSA), the Department of Health and Human Services (HHS) recommended moving it from Schedule I (the most restrictive) to Schedule III (less restrictive). This change would result in some tax benefits for marijuana businesses. But Schedule III would maintain federal criminalization and its harms.

The Drug Enforcement Administration (DEA) will ultimately decide marijuana’s placement on the CSA. As we await their decision, one thing is abundantly clear: rescheduling is insufficient. Marijuana must be decriminalized and removed from the CSA entirely (descheduled). Until that happens, most marijuana conduct would remain illegal under federal law. Regardless of where the Administration lands, now is our moment. We must push Congress to act on marijuana justice and deliver the relief our communities deserve.

The Cannabis Administration and Opportunity Act (CAOA), soon to be reintroduced in the U.S. Senate, would provide the comprehensive reform we need. It would deschedule marijuana to end federal criminalization. It would begin to repair the damage by expunging marijuana convictions. And it would reinvest in the most harmed communities. Urge Congress to support the CAOA so we can advance marijuana justice nationwide.



Paid for by Drug Policy Alliance. Does not equal endorsement.
Sponsored by
Dailykoslogo
Daily Kos

To: U.S. Congress
From: [Your Name]

In August 2024, the Department of Health and Human Services (HHS) announced its support for moving marijuana to Sch. III on the Controlled Substances Act (CSA) pursuant to the Biden Administration’s scheduling review order. If the DEA agrees with this scheduling placement, such a move would mean the federal government finally acknowledges marijuana has accepted medical use. However, the continued placement of marijuana under the CSA would mean that most marijuana conduct would remain illegal under federal law. This is why we urgently need a Congressional solution to finally deschedule marijuana and repair the harms brought by decades of federal marijuana criminalization.

I’m excited that the Senate will be reintroducing the Cannabis Administration and Opportunity Act (CAOA). The legislation builds off the House-passed MORE Act and would deschedule marijuana from the Controlled Substances Act to end federal prohibition and begin to repair the damage by expunging marijuana convictions and reinvesting in those most harmed due to unfair, racist enforcement such as Black, Latinx, and Indigenous communities.

I urge you to support the CAOA when it is reintroduced in the 118th Congress. Senate action is long overdue. An overwhelming 88% of U.S. adults say that marijuana should be legal for recreational or medical use. Despite the popularity of marijuana reform across the country, there are hundreds of thousands of marijuana-related arrests and deportations in the U.S. every year. The Biden Administration’s announcement to reschedule marijuana, rather than deschedule it, adds more urgency to this issue as rescheduling will not stop future marijuana prosecutions or expunge past convictions.

Comprehensive reforms, like the CAOA, are urgently needed to chart a new path forward. It’s time to end the federal criminalization of marijuana and align federal law with the public’s view, while still allowing individual states to decide the course they want to take on marijuana. Marijuana's declassification as a controlled substance under federal law must be paired with the expungement of marijuana convictions and the reduction of marijuana sentences. Additionally, marijuana tax revenue should fund services in communities adversely impacted by drug criminalization and build up programming to support a more diverse and inclusive legal marketplace. These are all elements of the CAOA.

I hope the Senate will act quickly to ensure the CAOA has the support it needs to pass in Congress, so we can finally end federal marijuana criminalization and fully repair the harm it’s causing our communities. Thank you.