12 Senators Urge the DEA To Legalize Marijuana, Which Only Congress Can Do

Published

1 year ago

February 1, 2024

admin

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.

Entertainment

Police foil bomb plot targeting Lady Gaga’s biggest-ever show on Copacabana beach

Published

2 hours ago

May 4, 2025

admin

Police foil bomb plot targeting Lady Gaga's biggest-ever show on Copacabana beach

Brazilian police say they foiled a bomb attack planned for a Lady Gaga concert on Rio de Janeiro’s Copacabana beach that attracted an estimated 2.1 million people.

The plot was orchestrated by a group promoting hate speech and the radicalisation of teenagers, including self-harm and violent content as a form of social belonging, according to the Civil Police of Rio de Janeiro, which worked in coordination with the country’s justice ministry.

“The suspects were recruiting participants, including minors, to carry out coordinated attacks using improvised explosives and Molotov cocktails,” the force said.

The justice ministry said the recruiters identified themselves as Gaga’s fans, known as “Little Monsters”.

It said Operation Fake Monster was based on a report by the ministry’s cyber operations lab following a tip-off from Rio state police intelligence, which uncovered digital cells encouraging violent behaviour among teenagers using coded language and extremist symbolism.

Authorities carried out over a dozen search and seizure warrants, and a man described as the group’s leader was arrested in the southern state of Rio Grande do Sul for illegal possession of a firearm, and a teenager was detained in Rio de Janeiro for storing child abuse images.

Gaga’s biggest ever show

Some 500,000 tourists travelled to watch the concert, which was paid for by the city in an attempt to boost the struggling economy.

Saturday night’s two-hour show, which marked Gaga’s biggest ever, marked the first time she had played in Brazil since 2012, having cancelled an appearance at the Rock in Rio festival in 2017 over health issues.

Gaga, who released her seventh studio album, Mayhem, in March, opened with a dramatic, operatic edition of her 2011 track Bloody Mary, before launching into Abracadabra, a recent track.

“Brazil! I missed you. I missed you so much,” she exclaimed, before launching into Poker Face, one of her biggest hits.

The American pop star drew in a similar crowd to Madonna’s in May last year, who performed at the same beach, which is transformed into an enormous dance floor for the shows.

Addressing the crowd in English and through a Portuguese translator, Gaga became emotional as she said: “I’m so honoured to be here with you tonight.

“Tonight we’re making history, but no one makes history alone. Without all of you, the incredible people of Brazil, I wouldn’t have this moment. Thank you for making history with me.

“The people of Brazil are the reason I get to shine today. But of all the things I can thank you for, the one I most am grateful for is this: that you waited for me. You waited more than 10 years for me.”

She said it took so long to come back because she was “healing” and “getting stronger”. The pop sensation cancelled many of her shows in 2017 and 2018 due to her fibromyalgia condition, which can cause pain and fatigue.

It is estimated Gaga’s show will have injected around 600 million reais (£79.9m) into the economy, nearly 30% more than Madonna’s show.

The large-scale free shows are set to continue annually until at least 2028, always taking place in May, which is considered the economy’s “low season”, according to the city’s government.

A hefty security plan was in place, including the presence of 3,300 military and 1,500 police officers, along with 400 military firefighters.

‘A dream come true’

The city has been swarmed with Gaga fans since her arrival on Tuesday, with some even keeping vigil outside of the hotel she has been staying at.

Many arrived at the beach at the crack of dawn on Saturday to secure good spots on the beach, despite the show not starting until 9.45pm.

Ana Lara Folador, who attended with her sister, said it was “a dream come true”, and that Gaga had “really shaped a part of my personality, as a person and an artist”.

Ingrid Serrano, a 30-year-old engineer who made a cross-continent trip from Colombia to Brazil to attend the show, turned up in a T-shirt featuring Lady Gaga’s outlandish costumes over the years.

“I’ve been a 100% fan of Lady Gaga my whole life,” she said, adding the 39-year-old megastar represented “total freedom of expression – being who one wants without shame”.

Matheus Silvestroni, 25, an aspiring DJ and a Gaga fan since the age of 12, endured an eight-hour bus ride from Sao Paulo for the show.

He said it was Gaga who had inspired him to embrace his sexuality and pursue his dream of becoming an artist.

“I was bullied because I was a fat, gay kid, so I was an easy target,” he said. “Gaga was very important because she sent a message that everything was okay with me, I wasn’t a freak, because I was ‘Born This Way’.”

Rio is known for holding massive open-air concerts, with Rod Stewart holding a Guinness World Record for the four million-strong crowd he drew to Copacabana beach in 1994.

Entertainment

John Lithgow on JK Rowling’s trans stance backlash: ‘She’s handled it fairly gracefully’

Published

2 hours ago

May 4, 2025

admin

John Lithgow on JK Rowling's trans stance backlash: 'She's handled it fairly gracefully'

John Lithgow is a man well aware of cancel culture and its ability to destroy careers in the blink of an eye.

The Oscar-nominated actor tells Sky News: “It is terrible to be so careful about what you say. Even in an interview like this. It goes into the world, and you can get misconstrued and misrepresented and cancelled in [the click of a finger].”

It’s a theme that runs parallel with his latest work – the stage show Giant – which through the lens of one explosive day in children’s author Roald Dahl‘s life, poses the question, should we look for moral purity in our artists?

The writer of great works including The Witches, Matilda and The BFG, Dahl revolutionised children’s literature with his irreverent approach, inspiring generations of readers and selling hundreds of millions worldwide. But his legacy is conflicted.

Lithgow describes Dahl as “a man with great charm, great wit and literary talent. A man who really cared about children and loved them. But a man who carried a lot of demons.”

Specifically, the play – which explores Palestinian rights versus antisemitism – deals with the fallout from controversial comments the children’s author made over the Israeli invasion of Lebanon in 1982. Its themes couldn’t be more timely.

Lithgow explains: “Things are said in the play that nobody dares to say out loud… But God knows this is a complicated and contradictory issue.”

‘It didn’t start as an idea about Roald Dahl at all’

So controversial are some of the play’s themes, the 79-year-old star admits his own son warned him: “Prepare yourself. There’ll be demonstrations in Sloane Square outside the Royal Court Theatre.”

Indeed, the play’s first run carried an audience warning flagging “antisemitic language; graphic descriptions of violence; emotional discussion of themes including conflict in the Middle East, Israel and Palestine; and strong language”.

But it didn’t put audiences off. Following a sold-out run at the Royal Court, the role won Lithgow an Olivier. Now, it’s transferring to London’s West End.

The play was written by Mark Rosenblatt, a seasoned theatre director but debut playwright.

He tells Sky News: “It didn’t start as an idea about Roald Dahl at all. It was about the blurring of meaningful political discourse with racism, specifically when, in 2018, the inquiry into antisemitism in the Labour Party started to come out.”

Rosenblatt describes Dahl’s Revolting Rhymes and Dirty Beasts as the “wallpaper” of his childhood, and says he had no desire to “smash the Roald Dahl pinata”.

But despite the fond recollections, he was conflicted: “Understanding that [Dahl] also, possibly, didn’t like someone like me because I’m Jewish felt complicated.” It was Rosenblatt’s exploration of “how you hold those two things at the same time” that led to Dahl becoming the play’s focus.

‘He’s not cancelled in our home’

Rosenblatt describes him as “a complex man, capable of great compassion, great passionate defence of oppressed people, and also capable of enormous cruelty and manipulation. He was many things at once”.

And as for Dahl’s place in his life now? Rosenblatt says: “I still read his books to my kids. He’s certainly not cancelled in our home.”

It’s likely that Dahl’s comments, if uttered today, would lead to swift social media condemnation, but writing in a pre-social media age, the judgment over his words came at a much slower pace.

Dahl died in 1990, and his family later apologised for antisemitic remarks he made during his lifetime. But the debate of whether art can be separated from the artist is still very much alive today.

Earlier this month, Lithgow found himself drawn into a different row over artists and their opinions – this time concerning author JK Rowling.

‘A matter of nuance’

Soon to play Dumbledore in the Harry Potter TV series, he has been criticised by some fans for working with the author known for her gender critical beliefs.

Lithgow told Sky News: “It’s a question I’m getting asked constantly. I suppose I should get used to that, but JK Rowling has created an amazing canon of books for kids…

“I have my own feelings on this subject. But I’m certainly not going to hesitate to speak about it. Just because I may disagree… It’s a matter of nuance… I think she’s handled it fairly gracefully.”

The actor ignored calls not to take the role.

He goes on: “Honestly, I’d rather be involved in this than not. And if I’m going to speak on this subject, I’m speaking from inside this project and very much a partner with JK Rowling on it.”

Demanding an eight-year commitment and a move to the UK for the part, the stakes are high.

And with a legion of Harry Potter fans watching on from the wings, only time will tell if the Lithgow-Rowling partnership will prove a magical one.

Giant is playing at the Harold Pinter Theatre in London until Saturday, 2 August.

Entertainment

Lorraine Kelly says she will undergo surgery to remove ovaries

Published

2 hours ago

May 4, 2025

admin

Lorraine Kelly says she will undergo surgery to remove ovaries

Lorraine Kelly has revealed she is undergoing surgery to remove her ovaries and fallopian tubes.

The 65-year-old TV presenter posted a video of her in a hospital bed on Instagram, and said “I’ve not been feeling all that well for a little while”.

Kelly added she “had a little scan and I have to have my ovaries and my tubes taken out” with keyhole surgery.

She said that the procedure is “purely preventative,” and that “I’m going to be totally fine, see you soon”.

According to the NHS, keyhole surgery – also called laparoscopic surgery – is carried out using several small incisions.

The procedure can take between one and two hours, and doctors recommend staying off work for two to four weeks after the surgery.

In the caption, the ITV presenter wrote she felt “very lucky to be treated so well” and thanked gynaecologist Dr Ahmed Raafat and hospital staff.

Good Morning Britain presenter Susanna Reid said she was “sending you all the love in the world”, while TV presenter Julia Bradbury added: “Wishing you a speedy recovery Lorraine, and good luck with the post op rehab.”

Kelly has been in television since 1984, starting her career on TV-am as an on-screen reporter covering Scottish news.

In 1990, she began her presenting career on Good Morning Britain, before hosting her own show, Lorraine, from 2010.