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The Drug Enforcement Administration (DEA) is considering whether it will reclassify marijuana under the Controlled Substances Act (CSA), as the Department of Health and Human Services (HHS) recommended last August. This week a dozen Democratic senators recommended that the DEA go further by completely removing marijuana from the CSA’s schedules. Their argument is sound as a matter of policy but legally shaky because the CSA incorporates international treaty obligations in a way that bars the DEA from taking that step.

Since 1970, marijuana has been listed in Schedule I of the CSA, a category supposedly reserved for substances with “a high potential for abuse” that have “no currently accepted medical use” and cannot be used safely even under a doctor’s supervision. The DEA has consistently rejected petitions asking it to reclassify marijuana, citing advice from HHS. But last August, in response to an October 2022 directive from President Joe Biden, who said marijuana’s Schedule I status “makes no sense,” HHS reversed its longstanding position.

Departing from the DEA’s usual approach, HHS took into account clinical experience with marijuana in the 38 states that allow medical use, scientific evidence in support of certain therapeutic applications, and the relative hazards of marijuana compared to “other drugs of abuse.” It noted that “the vast majority of individuals who use marijuana are doing so in a manner that does not lead to dangerous outcomes to themselves or others.” HHS concluded that the DEA should move marijuana to Schedule III, which includes prescription drugs such as ketamine, Tylenol with codeine, and anabolic steroids.

For good reason, Sen. Elizabeth Warren (DMass.), Sen. John Fetterman (DPa.), and 10 of their colleagues, including Senate Majority Leader Chuck Schumer (DN.Y.), think that change does not go far enough. Rescheduling marijuana, they say in a letter they sent to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Monday, “would mark a significant step forward” but “would not resolve the worst harms of the current system.” They urge the DEA to “deschedule marijuana altogether,” noting that its prohibition “has had a devastating impact on our communities and is increasingly out of step with state law and public opinion.”

Unsurprisingly, that recommendation was welcomed by drug policy reformers. But it goes beyond what the CSA authorizes the DEA to do.

Generally speaking, the CSA gives the attorney general the authority to schedule, reschedule, and deschedule drugs in consultation with HHS. The attorney general historically has delegated that function to the DEA, which is part of the Justice Department. But the CSA includes an explicit limitation on the executive branch’s discretion that complicates any attempt to unilaterally deregulate marijuana.

“If control [of a subtance] is required by United States obligations under international treaties, conventions, or protocols in effect on October 27, 1970,” Section 811(d)(1) of the CSA says, “the Attorney General shall issue an order controlling such drug under the schedule he deems most appropriate to carry out such obligations” (emphasis added). In that situation, the decision to place or keep a drug in one of the CSA’s schedules is mandatory, and it is to be made “without regard” to the “findings” and “procedures” ordinarily required to schedule a substance.

The United States is a signatory to the U.N. Single Convention on Narcotic Drugs of 1961, which requires strict control of cannabis. “If a Party permits the cultivation of the cannabis plant for the production of cannabis or cannabis resin,” it says, “it shall apply thereto the system of controls” specified for “the control of the opium poppy.” The treaty does not apply to “the cultivation of the cannabis plant exclusively for industrial purposes,” and it allows regulated medical use, as with opiates. But the obligations it imposes, which restrict the DEA’s scheduling decisions under the CSA, are inconsistent with decontrolling marijuana and treating it like alcohol and nicotine.

Warren et al. acknowledge the problem raised by the interaction between the CSA and the Single Convention. In 2016, they note, “the DEA considered its international treaty obligations a bar to rescheduling marijuana to anything less restrictive than Schedule II.” But since then, they say, “cannabis has been rescheduled under international lawa change that the United States and the World Health Organization supported, in light of ‘the legitimate medical use’ of certain cannabis products.”

In 2020, the senators note, cannabis was removed from the Single Convention’s “most restrictive schedule” (confusingly, Schedule IV). It remains in a category (also confusingly, Schedule I) that “requires countries to limit the drug’s use to only ‘medical and scientific purposes.'” But “deschedul[ing] marijuana altogether,” as the senators are urging the DEA to do, would flout that requirement. In addition to “cannabis and cannabis resin,” the Single Convention’s Schedule I includes drugs such as opium, heroin, fentanyl, morphine, hydrocodone, oxycodone, and cocaine, all of which are listed in the CSA’s Schedule I or Schedule II.

In support of their argument that treaty obligations are not an obstacle to administrative descheduling of marijuana, the senators cite a September 2023 legal analysis by the Boston-based law firm Foley Hoag. But that analysis actually undermines Warren et al.’s argument.

Foley Hoag notes that the Single Convention requires signatories to “tightly control cannabis, most similarly to the CSA’s Schedule I or Schedule II.” The main issue, it emphasizes, is not what the treaty demands but what the CSA allows.

“Several commentators have largely dismissed concerns regarding the Attorney General’s ability (via the DEA) to reschedule cannabis below Schedule II,” Foley Hoag notes. “After all, we’ve already violated it through our permissive approach to states’ rights to establish and regulate their own medical and adult-use markets. Moreover, several signatories to the UN Single Convention (including Canada, Mexico, Uruguay, Luxembourg, South Africa, Thailand, and others) have legalized adult use cannabis or have otherwise decriminalized possession and/or home cultivation in clear violation of the Single Convention. After all, the Single Convention seems to lack any enforcement mechanism. So, it’s no big deal, right? RIGHT?”

Wrong, Foley Hoag says: “Treaty compliance is not the issue. At least not theprimaryissue. The issue iscompliance with domestic law. The key question is whether the Attorney General, via the DEA, can or will be able to reschedule cannabis to Schedule III given that the UN Single Convention is effectively incorporated into the CSAa federal statute passed by Congress that the Executive Branch must follow.”

Back in 1977, Foley Hoag notes, the U.S. Court of Appeals for the D.C. Circuit emphasized that Section 811(d)(1) “circumscribes the Attorney General’s scheduling authority.” That provision “enables him to place a substance in a CSA schedulewithout regard to medical and scientific findingsonly to the extent that placement in that schedule is necessary to satisfy United States international obligations,” the appeals court said. “Had the provision been intended to grant him unlimited scheduling discretion with respect to internationally controlled substances, it would have authorized him to issue an order controlling such drug ‘under the schedule he deems most appropriate,'” full stop.

Note that Foley Hoag was addressing the issue of whether the DEA can legally move marijuana to Schedule III. The objections it raises apply with even more force to the question of whether the DEA can “deschedule marijuana altogether.”

In a 2020 brief asking the U.S. Court of Appeals for the 9th Circuit to overrule the DEA’s position that marijuana belongs in Schedule I, attorneys Matthew Zorn and Shane Pennington argued that the CSA violates the constitutional separation of powers. The statute “transfers a quintessential legislative powerthe power to execute teatiesto the Attorney General,” they wrote. And in doing so, they said, it fails to provide an “intelligible principle to choose among schedules,” as required by the Supreme Court’s delegation precedents. “The Attorney General has no discretion to override the floor dictated by an unelected international body,” Zorn and Pennington noted. “But he has unfettered discretion to schedule above that point. Even if these two handoffs could stand independently, together they plainly violate established Separation of Powers norms.”

Even as they argued that the CSA is unconstitutional in these respects, Zorn and Pennington conceded that the attorney general “has no discretion” under the statute to ignore the Single Convention’s demands. In fact, their constitutional argument hinged on that point.

Zorn still does not see how the DEA can do what Warren et al. are asking without violating the CSA. “This is like asking the President to jump 20 feet in the air,” he says in an email.

The senators are right that moving marijuana to Schedule III would leave many problems unresolved. That step would facilitate medical research by removing regulatory requirements that are specific to Schedule I. It also would relieve a crippling tax burden on state-licensed marijuana businesses under Section 280E of the Internal Revenue Code. But those businesses would remain criminal enterprises in the eyes of the federal government, subject to felony charges and civil forfeitureconsequences they currently avoid only thanks to prosecutorial discretion and an annually renewed congressional spending rider that is limited to medical marijuana. They would still have difficulty obtaining financial services from institutions that are keen to avoid the risk of civil, regulatory, and criminal penalties.

Placing marijuana in Schedule III would not even make it legally available as a prescription medicine, which would require approval of specific products that meet the Food and Drug Administration’s onerous requirements for proving safety and efficacy. Nor would it restore the Second Amendment rights of cannabis consumers, who would still be barred from possessing firearms as “unlawful user[s]” of a controlled substance. And as Warren et al. note, “non-citizens could still be denied naturalization and green cards, and even deported, based on most marijuana offenses.”

The only way to solve all of these problems is to repeal the federal ban on marijuanaa move that 70 percent of Americans favor, according to the latest Gallup poll. But the power to do that lies with Congress, not the DEA.

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US

Woman missing for more than 60 years found ‘alive and well’

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2 hours ago

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May 4, 2025

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Woman missing for more than 60 years found 'alive and well'

A woman in the US who has been missing since 1962 has been found “alive and well”, authorities have said.

Audrey Backeberg left her home in Reedsburg, Wisconsin, in July that year when she was 20 years old, Sauk County Sheriff’s Office said.

Investigators pursued numerous leads over the years but the case eventually went cold.

However, during a review of cold cases earlier this year, a detective reassessed all the case files and evidence, and re-interviewed several witnesses – and found Ms Backeberg.

The 82-year-old was “alive and well” – living outside of the state of Wisconsin, the sheriff’s office said.

Ms Backeberg was married and had two children when she disappeared on 7 July 1962, according to the Wisconsin Missing Persons Advocacy organisation.

She left her home to pick up her salary but never returned, causing her husband to ask family members where she was.

Shortly afterwards their 14-year-old babysitter claimed she and Ms Backeberg had hitchhiked to Wisconsin’s capital city Madison and then caught a bus to Indianapolis, Indiana.

The teenager said when she arrived she became nervous and wanted to go home, while Ms Backeberg refused to return and was last seen walking near a bus stop.

Ms Backeberg’s marriage was troubled and there were allegations of abuse, the Wisconsin Missing Persons Advocacy organisation said, with a criminal complaint having been filed days before she went missing.

Her relatives insisted she would never abandon her children, the organisation added, and her husband passed a polygraph test and maintained his innocence.

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‘We talked for 45 minutes’ – detective

Detective Isaac Hanson, who found Ms Backeberg, said her sister’s Ancestry.com account was vital in helping him locate her address.

“That was pretty key in locating death records, census reports, all kinds of data,” he told local news station WISN.

“So I called the local sheriff’s department, said, ‘Hey, there’s this lady living at this address. Do you guys have somebody, you can just go pop in?’

“Ten minutes later, she called me, and we talked for 45 minutes.”

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‘She sounded happy’

Mr Hanson said Ms Backeberg may have left home due to marital issues, but it was unclear why she had stayed away for so long.

He said he had promised to keep their conversation private.

“I think she just was removed and, you know, moved on from things and kind of did her own thing and led her life,” he said.

“She sounded happy. Confident in her decision. No regrets.”

Sauk County Sheriff’s Office said Ms Backeberg made the choice to leave and her disappearance “was not the result of any criminal activity or foul play”.

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Sports

Jets-Blues Game 7 preview: Key players to watch, final score predictions

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May 4, 2025

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Jets-Blues Game 7 preview: Key players to watch, final score predictions

  • Multiple Contributors

May 4, 2025, 07:00 AM ET

It all comes down to this. The Presidents’ Trophy-winning Winnipeg Jets host the St. Louis Blues in the 200th Game 7 in Stanley Cup playoffs history Sunday (7 p.m. ET, TBS).

One team will advance to the second round, while the other will get an early start to the offseason — and try to fix what went wrong.

For the Blues, this is the club’s 19th all-time Game 7, the most of any non-Original Six team. They have gone 10-8 in Games 7s, with the most recent one being the 2019 Stanley Cup Final against the Boston Bruins, which they won 4-1.

This version of the Jets has much less Game 7 history on which to draw; their only Game 7 was a second-round victory over the Nashville Predators in 2018.

Who wins this one? We’ve gathered the ESPN hockey family to identify the key players to watch in the contest — as well as their final score predictions.

Who is the one key player you’ll be watching in Jets-Blues?

Ryan S. Clark, NHL reporter: If he plays, it’s Mark Scheifele. The hit in Game 5 from Brayden Schenn and/or Radek Faksa generated quite a bit of conversation about what is arguably the most physically demanding series in the first round. Scheifele’s play this season and this series prior to the hit reinforces what makes him a legit top-line center in this league. We saw how the Jets maneuvered around his absence for the final two periods of Game 5, while Game 6 proved why they need contributions from everyone if he can’t go.

But again, that’s if Scheifele plays. He skated Saturday in a tracksuit, with Scott Arniel saying the center will be a game-time decision Sunday.

Arda Öcal, NHL broadcaster: Connor Hellebuyck is the obvious answer here for me because he’s been “Vezina” at home (especially Game 2) and “Vezina from Temu” on the road.

Hellebuyck has allowed four or more goals in seven straight road playoff games, which ties the second longest such streak in Stanley Cup playoff history. But Game 7 is at home. The pressure is on but he’s in comfortable confines, surrounded by a “Whiteout.” Which version of Hellebuyck do we get Sunday night?

Kristen Shilton, NHL reporter: Connor Hellebuyck, of course. Has there been a Jekyll/Hyde performance like this in recent years?

The Vezina finalist can play lights-out at home and like a fish out of water on the road. Does that trend continue in Game 7? What version of the goalie shows up for this one?

But as a bonus, I’ll toss Pavel Buchnevich into this equation. He’s been driving the Blues’ offense, and if Hellebuyck is on his A-game then St. Louis is going to need Buchnevich to channel his hat trick energy from Game 3 to help the Blues pull off a stunning road win.

Greg Wyshynski, NHL reporter: Jordan Binnington renewed his title as one of the NHL’s most clutch goaltenders with his 31-save performance in Team Canada’s 4 Nations Face-Off championship win over the U.S. — including six saves in overtime. He first earned it in 2019, backstopping the Blues to the Stanley Cup with Game 7 wins over Dallas and Boston.

Now he’s got a chance to reestablish those credentials.

Binnington had a 0.82 goals-against average and a .968 save percentage in those prior Game 7s. While Hellebuyck has been terrible in St. Louis, Binnington hasn’t been much better in Winnipeg, generating an .861 save percentage and a 3.44 goals-against average and giving up four goals in two of the three games. But as 4 Nations showed, Binnington can meet the moment. (Although this time, Kyle Connor will actually be in the lineup for the opposition. Not that we’re bitter or anything.)

The final score will be _____.

Clark: 4-3 Jets. There have been a few themes in this series. The first being that offense hasn’t been an issue — the teams have combined to score more than six goals in all but one game. The second is that the home team has won every game; I say that continues, and the Jets advance.

Öcal: 6-5 Jets. Hellebyuck doesn’t have his best game, but the Jets outscore that challenge, and Kyle Connor scores another third-period goal in this series to win it.

Shilton: 5-4 Jets. The Jets have been too good on home ice to let this one slip away. That’s not to say a St. Louis win would be surprising, but even if Hellebuyck is off, Winnipeg’s offense should be able to provide enough buffer that the Jets can squeak through with a narrow victory to advance.

Wyshynski: 5-3 Jets. The Jets would be toast if this game were played in St. Louis because it’s a demonstrable fact that Hellebuyck is a disaster on the road in the playoffs. He’s slightly below replacement at home in the postseason, but Winnipeg will take that considering his three removals on the road.

The Blues are first in the playoffs in 5-on-5 offense and goals-for percentage at home. But Winnipeg is second in both categories. Hellebuyck calms down, and the offense gets ratcheted up at home, especially now that Nikolaj Ehlers has a game under his belt, having not played since April 12 due to a foot injury.

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Environment

Meet Bodo – the 35 mph electric golf cart that thinks it’s a G-Wagen

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4 hours ago

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May 4, 2025

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Meet Bodo – the 35 mph electric golf cart that thinks it's a G-Wagen

Bodo G-Wagon electric golf cart; via Mecum Auctions.

With a fully-enclosed, G-Wagen-inspired body and an 80 mile electric range, the Bodo G-Wagon golf cart is the NEV you need when you decide it’s time to get serous one-upping the rest of the Palm Beach country clubbers.

If you love the look of the $230,000 Mercedes-Benz G580 off-roader, but think the 579 hp, 6,800 lb. electric 4×4 is probably overkill for occasional trips to the golf course and country club, this G-Wagen-inspired golf cart might be just what you’re looking for.

The shiny black 2024 Bodo G-Wagon sold at Mecum Auctions last month for $31,900, which seems like it might not be a lot of money to the sort of person who decides to take a flyer on a goofy, limited-use EV that ships with real, metal doors, power windows, heating and air conditioning, fully digital instrument cluster and infotainment, and a “posh,” caramel leather interior.

It even has windshield wipers, power steering, and a rear-seat entertainment system that’s built into the front headrests!

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It’s really nice in there

Under the hood, the Bodo packs a 15 kW (20 hp) electric motor drawing power from a 10 kWh li-ion battery that won’t deliver a scorching 0-60 mph time (it only goes 35), but will deliver you and your buddies from one end of any golf course in North America and back several times over, thanks to the G-Wagon’s 80 mile range.

The official Mecum Auctions listing goes into a bit more detail, and I’ve included it here, in case it gets deleted after a while and you’re just finding this for the first time in 2027:

Be the envy of any country club or golf community showing up with this 2024 Bodo G-Wagon Golf Cart. Perhaps more appropriately known as an E-Wagon, this baby G-Wagon is powered by a 15kW motor with a 10kWh lithium battery. Boasting an 80-mile range and a 35 MPH top speed, the Bodo is an enclosed, luxury golf cart that pampers occupants with heating and air conditioning, rear-seat entertainment, power windows, power locks and a posh, caramel-colored interior. With the Bodo fitted with power steering and 4-wheel power disc brakes with brake boost, drivers will think they’re in a full-size G-Wagon, thanks to the multiscreen entertainment cluster, the rearview camera, windshield wipers, turn signals, running lights and so much more.

Finished in black with the right amount of brightwork, the overall vibe is one of jaw-dropping, smile-inducing fun. While the Bodo would be an excellent choice for any golf community, it should also prove to be hugely popular around a race track or car condo community as well, or maybe even a neighborhood with its own airplane runways. Over the past decade in particular, the demand for unique, luxury golf carts has been on the rise, and understandably so. The number of luxury communities with specific interests in sports, aero and auto has also been on the rise, with people buying homes in these exclusive locations to better engage with like-minded people. All too often a golf cart is the perfect way to get around these gated neighborhoods, and this one is enclosed, comes with the amenities of a full-size car and is infinitely more stylish.

MECUM AUCTIONS

You can check out a few more photos of the 2024 Bodo G-Wagon golf cart that sold at Mecum, below – and if you want one for yourself, you’re in luck! I found this brand-new 2025 “G600 E-Wagon” (in white) for $23,900 at Gulf Carts in Santa Rosa Beach, Florida. Head on down to the comments and let us know if you buy it.

SOURCE | LOTS MORE PHOTOS: Mecum Auctions.

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