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What did Administrator Anne Milgram say at the DEA budget hearing?
Very, very little.
During a House Appropriations subcommittee hearing on Tuesday, Milgram was clear from the very start that she would not be saying much about cannabis rescheduling.
“I imagine that you have read press reports regarding the DOJ proposal to reschedule marijuana. Because the formal rulemaking process is ongoing, my role in that process is to determine the scheduling of drugs. It would be inappropriate for me to respond to questions on this rescheduling matter,” she said. (Read Cannabis Wire’s coverage of the DOJ rescheduling developments.)
And she swatted away any maneuvering toward cannabis-related questions, too.
At one point, Rep. Andrew Clyde pressed Milgram, saying essentially: hey, we’re Congress, we fund the DEA, we want to know more.
“Congressman, there will be a notice of proposed rulemaking that’s released. Unfortunately, I’m not gonna be able to get into this conversation right now,” Milgram said.
“You have said multiple times that it would be inappropriate for you to talk about this. Okay. Inappropriate or illegal? Violation of law or just inappropriate?” Clyde asked.
“Since DEA is ultimately the decider of scheduling and rescheduling, and the DEA administrator is in that role, it would be inappropriate for me to make comments about this process or parts of that process,” Milgram said.
“Well, we’re the United States Congress. You wouldn’t have authority if we didn’t give it to you,” Clyde continued. “It’s like you’re an extension of us when we create the law. So I’m asking you the question. Where is it coming from? Is it coming from the DEA? Is it coming from the Attorney General or is it coming from the White House?” Clyde asked Milgram.
“Again, as the agency that will be the ultimate decider, I’m not going to engage in conversations about issues that could be part of this conversation,” Milgram replied.
“As you know, under the Administrative Procedures Act, which Congress has made into law, there is a formal rulemaking process that goes on. That leads to the issuance of an NPRM. Then the opportunity for public comment, and then the process plays out beyond that, with an ultimate decision being made, at DEA, as to the scheduling or rescheduling of a substance. So, again, as the agency that will be the ultimate decider, I’m not going to engage in conversations about issues that could be part of this conversation,” Milgram said.
Milgram wasn’t the only one fielding cannabis questions on Tuesday.
Cannabis also came up during the IRS budget hearing held by another House Appropriations subcommittee.
Rep. Dave Joyce brought up last week’s rescheduling news and ongoing cannabis banking issues in his exchange with IRS Commissioner Daniel Werfel.
“Have you seen or have you thought about any improvements to the process of how these legal cannabis businesses pay their taxes and what are your recommendations to create a safer and less burdensome payment process for these businesses?” Joyce asked.
Werfel responded: “The announcement on the change in status for cannabis is recent and what we need to do in a moment like this is understand the implications that this change will have on a whole variety of different elements of this part of the economy.”
“As you mentioned,” Werfel continued, “what will their status be with respect to financial institutions? Will they remain mostly a cash-based industry or would they move into something other than cash? All of these things are important moving pieces for the IRS to determine how this emerging and changing industry is assessed at the right level and paying what they owe. And so there’s more work to do.”
Werfel wrapped up his response to Joyce’s question by saying: “So my commitment is to work with you and this community to understand how this change evolves the industry and make sure we set up the right tax structure for them to operate in.”
From here, though, Werfel’s responses were more generic. When Joyce asked Werfel if having banks involved would “make life a little bit easier for you,” for example, Werfel responded “in general, yes,” and gave an answer that could work for any industry.
In other cannabis and Congress news this week…
Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer published his annual memorandum in which he provides a framework for ending federal cannabis prohibition. His latest memo, published Tuesday, is focused on rescheduling and is titled “The Path Forward: Schedule III and Beyond.”
“Schedule III is not quite what we wanted – marijuana shouldn’t be scheduled at all — but it is nonetheless a revolutionary step that sends a signal about the imperative of ending the failed war on drugs,” Blumenauer wrote.
“The Administration must move through the regulatory process as quickly as possible to reschedule cannabis,” he continued.
The full memo includes more than a dozen legislative and administrative steps toward reform.
NIDA director Nora Volkow reflects on “50 years of research.”
The latest issue of The American Journal of Psychiatry is focused on the theme of “confronting addiction,” and it includes a commentary from Nora Volkow, the director of the National Institute on Drug Abuse. This year marks the 50-year anniversary of the agency’s founding, and Volkow takes the opportunity to reflect on the work that’s been done, and what lies ahead.
Naturally, cannabis falls under Volkow’s scope of work, and here is what she had to say about it:
“As we look into the future, we can predict that the landscape of substance use will continue to change, including the emergence of new and increasingly more powerful synthetic drugs, as well as state-level legislative changes in medicinal and recreational use of drugs like cannabis,” she wrote.
“Consequently, research should be able to inform public health and policymakers on these developments. This will benefit from more sensitive and accessible tools for detection of new compounds in the drug supply, as well as continued research on how cannabis, psychedelics, or other drugs marketed to consumers affect health, including their potential value as therapeutics.”
