Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Sunday, December 11, 2016

Veterans group gets attention when urging Trump team to seek to reschedule marijuana

Tom Angell has this interesting report, headlined "Powerful Veterans Group Pushes Trump On Marijuana Rescheduling," on an interesting discussion of marijuana reform among conservative-leaning folks. Here are the highlights:

The nation’s largest military veterans organization is pushing President-elect Donald Trump to reschedule marijuana after he takes office early next year. Top officials from the American Legion, which passed a resolution endorsing the reclassification of cannabis under federal law earlier this year, sat down with Trump’s transition team last week to discuss key priorities for the more than 2 million military veterans the organization represents, including marijuana policy reform.

The group “initiated a call-to-action on fairly new Legion priorities – support of research related to the impacts of medical marijuana and the Drug Enforcement Administration’s reclassification of cannabis from a Schedule I drug to Schedule III,” according to a summary of the meeting on the American Legion’s website. “Reclassification of the drug would allow easier access to pure strains of the substance to cultivate quantifiable research and statistics regarding marijuana’s medical benefits.”

Louis Celli, national director of the Legion’s veterans affairs and rehabilitation division, told Marijuana.com that the Trump officials at the meeting were somewhat guarded in giving feedback on specific issues during the listening session, but that when cannabis’s potential to help heal military veterans war wounds came up, “there was an immediate change in the room.”

“All shuffling stopped, people stopped looking down at their notes, and instantly all eyes were on [Legion Executive Director] Verna Jones and everyone was transfixed and intently hanging on her every word,” Celli said. “I can’t speak for how the transition team felt, but there seemed to be a small shock that snapped the room to attention. No read on how the information was received, but I think they were a little caught off guard and didn’t expect such a progressive statement from such a traditional and conservative organization.”

There were also representatives of more than 30 other veterans service organizations at the meeting....

Moving marijuana out of Schedule I — or, removing it from the CSA altogether, like alcohol and tobacco — would have a number of effects. Reclassification to Schedule III or lower, as the American Legion is pushing for, would protect federal employees who use marijuana from a Reagan-era executive order that defines illegal drugs as Schedule I or II substances.

Additionally, only drugs under Schedules I and II are affected by the tax provision known as “280E,” which disallows state-legal businesses from deducting normal operational expenses from their federal taxes.

Because current laws and regulations prevent the Department of Health and Human Services and the Office of National Drug Control Policy from fairly evaluating Schedule I drugs, reclassification would allow the government to examine and communicate about marijuana in a way that prioritizes science instead of an outdated drug war mindset....

But rescheduling alone would not remove the criminal penalties that still put people abiding by state marijuana laws at risk of federal prosecution and prison sentences. Other statutes would have to be amended to accomplish that.

http://lawprofessors.typepad.com/marijuana_law/2016/12/veterans-group-gets-attention-when-urging-trump-team-to-seek-to-reschedule-marijuana.html

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