Reports Suggest DEA Resisting Pressure from White
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According to a recently published article, some Drug Enforcement Administration officials may be resisting calls to move cannabis to a lower schedule. This has created tension with the White House, especially as the president continues to laud his role in spearheading the marijuana review.
Certain officials appear to be contesting scientific findings from the U.S. Health and Human Services, which were the basis of the department’s recommendation that cannabis be resclassified under the Controlled Substances Act. The article highlights that the officials are concerned about issues linked to THC potency and are still not convinced by the conclusion made by the health department on marijuana having medical value.
Article sources also reveal that the department’s officials had requested data from the Office of Legal Counsel on the legal implications of cannabis rescheduling. Some believe this could be associated with global policy implications on marijuana reclassification, as rescheduling would violate a global treaty that America is party to.
Legal experts reject this argument, however, maintaining that marijuana’s rescheduling would better uphold America’s wider obligations under international law to regulate the drug in a way that protected public safety and health.
Regardless, the DEA holds all the cards at the moment, because it is the final authority in the decision to reschedule the drug. Despite this, the Congressional Research Service stated that it’s possible the DEA may accept the rescheduling request, based on its precedents.
However, this isn’t the opinion held by the majority. NORML’s deputy director, Paul Armentano, stated that the administration had historically been opposed to any efforts to amend cannabis’ federal state. Armentano gave an example of the time the DEA went as far as to revoke its own administrative law judge in an effort to prevent marijuana from being removed from its current schedule.
The administration also operates as an independent agency, regardless of whether a Republican or Democrat administration is in power, which prevents any swaying.
It is important to note that the rescheduling of cannabis would not legalize the drug at the federal level. It would, however, allow marijuana businesses in legal states to claim federal tax deductions. Currently, state-legal businesses are barred from doing so under Section 280E of the IRS. This regulation bars businesses from deducting business expenses from income linked to the trafficking of substances under the first two schedules of the Controlled Substances Act.
Additionally, rescheduling would eliminate certain barriers that prevent research on marijuana from advancing. Industry players such as Software Effective Solutions Corp. (d/b/a MedCana) (OTC: SFWJ) will be waiting to hear the final scheduling decision that the DEA makes at the end of its review process.
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