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House Subcommittee Advances Bill to Block DOJ from Rescheduling Cannabis

House Subcommittee Advances Bill to Block DOJ from Rescheduling Cannabis

A US House subcommittee has approved a spending bill that would prevent the Department of Justice (DOJ) from using funds to reschedule or deschedule cannabis under the Controlled Substances Act (CSA). The bill, which now heads to the full committee for consideration, provides nearly $77 billion in discretionary allocations, including $37.3 billion to the DOJ.

The bill’s language is clear-cut, stating that none of the funds provided by the act may be used to reschedule marijuana or remove it from the schedules established under the CSA. This move aims to eliminate the executive branch’s authority to reschedule cannabis, despite the attorney general’s traditional delegation of this authority to the Drug Enforcement Administration (DEA).

The bill’s proponents argue that this provision would prevent the DOJ from using funds to reschedule cannabis, which is currently listed as a Schedule I drug alongside heroin, LSD, and ecstasy. This move comes as the House Commerce, Justice, Science (CJS) and Related Agencies subcommittee approved the spending bill on July 15.

The bill also maintains a longstanding rider that prevents the DOJ from using tax dollars to prosecute medical cannabis patients and state-licensed medical cannabis businesses. This provision has been included in each fiscal year’s budget since FY2015.

The move to block the DOJ from rescheduling cannabis is seen as a major win for public health and safety by cannabis prohibitionist group Smart Approaches to Marijuana (SAM). However, the bill’s opponents argue that it would prevent the federal government from taking a more nuanced approach to cannabis regulation.

The bill now heads to the full committee for consideration, where it is expected to face opposition from those who support federal legalization of cannabis.