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Senators Lummis and Daines Introduce DEA Act to Prevent Federal Agencies from Rescheduling Cannabis Without Congressional Approval

MRBSenators Lummis and Daines Introduce DEA Act to Prevent Federal Agencies from Rescheduling Cannabis Without Congressional Approval

Republican Senators Cynthia Lummis (R-WY) and Steve Daines (R-MT) have introduced the Deferring Executive Authority (DEA) Act, a bill aimed at preventing federal agencies from rescheduling cannabis without congressional approval. This legislation comes in response to recent recommendations by the U.S. Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA) regarding the scheduling of marijuana.

Under the DEA Act, any proposal to change the scheduling of marijuana under the Controlled Substances Act (CSA) must be submitted to Congress for review before enactment. If Congress opposes the proposal, they would have 60 session days to pass a joint resolution blocking its implementation.

Senator Lummis argued that “Congress makes the laws in this country, not D.C. bureaucrats,” emphasizing that the American people, through their elected representatives, should have the final say on such a significant change as the legalization of marijuana. It’s worth noting that public opinion polls have consistently shown strong bipartisan support for cannabis legalization.

Senator Daines, while acknowledging the voters’ decision to legalize marijuana in Montana, expressed his firm opposition to federal legalization or descheduling without congressional input.

The senators’ bill covers all marijuana scheduling actions, including the possibility of moving marijuana from Schedule I to Schedule III under the CSA, which has been recommended by HHS. However, it’s unclear if the legislation would include full descheduling (legalization), as the bill specifically mentions “transferring marijuana between schedules.”

Lummis cited a Congressional Research Service (CRS) report that suggested the DEA would likely follow HHS’s rescheduling recommendation, effectively legalizing marijuana at the federal level. However, it’s important to note that rescheduling would still keep marijuana federally illegal for non-medical use, and it would require a prescription from a doctor for medical use, which the FDA generally does not approve for holistic or plant-based medicines.

By FCCT Editorial Team

Disclaimer: The views expressed in this article are independent views solely of the author(s) expressed in their private capacity.

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