Westbank Louisiana News

U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, has criticized the Biden administration for its refusal to provide a congressional briefing on its proposed rule to reschedule marijuana from Schedule I to III under the Controlled Substances Act (CSA).

“Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling,” wrote Dr. Cassidy. “Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics, rather than the scientific evidence.”

“This failure to engage with Congress continues the administration’s pattern of ignoring congressional oversight and sends a message that the administration is advancing policies merely for political gain in an election year,” continued Dr. Cassidy.

In August 2023, Biden’s Department of Health and Human Services (HHS) recommended to the Department of Justice (DOJ) that marijuana be rescheduled as a Schedule III controlled substance. Following this recommendation and in anticipation of formal rulemaking by DOJ, HELP Committee Republicans requested briefings from HHS to discuss these recommendations and its role in the rulemaking process. After failing to respond to numerous briefing requests over several months, DOJ formally published the proposed rule on May 21.

The administration’s lack of transparency on this matter with significant public health implications is deeply concerning. This includes refusing to address questions about HHS’ recommendations on marijuana, citing only an unspecified “internal policy” against briefing on a matter pending before DOJ as justification. HHS has been unable to provide written copies of this policy or any related citations. Additionally, DOJ has been non-responsive to three requests for a briefing.

Cassidy is requesting a briefing on the proposed rule no later than August 1.

Dear Secretary Becerra and Attorney General Garland:

I write very concerned about your agencies’ refusal to brief the Health, Education, Labor, and Pensions (HELP) Committee regarding the Biden Administration’s proposed rescheduling of marijuana under the Controlled Substances Act (CSA). The HELP Committee has broad jurisdiction over public health matters under the purview of the Department of Health and Human Services (HHS), including its rescheduling recommendation informing the Department of Justice’s (DOJ) proposed rule to move marijuana from Schedule I to Schedule III. Your agencies’ avoidance of the HELP Committee’s attempt to carry out its oversight responsibilities over a matter of critical importance to public health and safety is troubling. Refusing to engage with Congress on the merits of this policy furthers the perception that this change is driven by election-year politics rather than scientific evidence.

Under CSA regulations, Congress established a consultative process between DOJ and HHS before DOJ can change any substance's schedule classification. The Attorney General must request HHS perform a scientific and medical evaluation prior to taking scheduling action which includes a formal scheduling recommendation based upon an eight-factor analysis.

Contrary to four previous analyses by DOJ through DEA indicating otherwise, HHS recommended in August 2023 that marijuana be rescheduled as a Schedule III substance. On January 12, 2024, HHS' unredacted recommendation became public following President Biden's announcement regarding rescheduling on May 16th followed by DOJ's publication five days later without substantive communication during intervening months despite multiple leaks suggesting impending changes.

HHS refused committee briefings citing unspecified internal policies against pending matters without providing documentation while DOJ ignored three separate requests despite federal precedent allowing agency briefings on publicly available rules further undermining Congressional oversight efforts especially given rising national usage rates alongside potential psychiatric risks among adolescents highlighted within NIH studies prompting legislative directives aimed at expanding cannabis research via Medical Marijuana & Cannabidiol Research Expansion Act mandating timely reports unmet until June weeks post-DOJ proposal reinforcing procedural concerns ahead final decisions impacting longstanding policy frameworks around substance control underscoring necessity comprehensive review before implementing such significant shifts regulatory landscape amid ongoing calls stakeholder transparency inclusive statutory hearing obligations unmet amidst widespread administrative disregard reinforcing necessity robust engagement ensuring informed legislative processes safeguarding public welfare amid evolving regulatory contexts particularly concerning prevalent substances affecting national health metrics urging timely compliance forthcoming briefings addressing outlined concerns substantiating interagency actions underpinning pivotal drug policy amendments crucial maintaining rigorous governance standards fostering accountable transparent policymaking essential democratic institutions operational integrity demanding responsive executive interactions facilitating comprehensive evaluative mechanisms vital informed legislative decision-making promoting balanced equitable drug control strategies optimizing societal outcomes reflecting collective priorities foundational robust democratic governance principles urging immediate remedial actions fulfilling statutory obligations enhancing collaborative intergovernmental processes imperative sustaining coherent effective drug policies benefitting nationwide constituencies adhering established procedural norms fundamental maintaining public trust institutional credibility urging prompt corrective measures addressing identified issues ensuring responsible accountable governance aligned overarching national interests paramount safeguarding citizenry well-being integral holistic sustainable development frameworks urging expedited resolution outlined deficiencies affirming commitment principled transparent policymaking advancing collective welfare through responsive engaged interagency collaborations requisite ensuring informed judicious regulatory transitions optimizing societal benefits reflecting shared values underpinning democratic systems advocating swift compliance stipulated directives fostering constructive governmental engagements essential preserving robust functional democracy imperative realizing equitable progressive societal advancements through collaborative informed governance mechanisms driving sustained national prosperity premised sound transparent accountable policymaking ethos guiding effective equitable drug regulation imperatives integral national interest fulfillment demanding prompt responsive executive actions rectifying identified lapses reinforcing commitment democratic accountability ensuring principled transparent governance paramount collective well-being imperative sustainable progressive societal trajectories fostering inclusive developmental paradigms through responsible engaged policymaking reflective shared democratic values foundational enduring national success reaffirming adherence statutory mandates ensuring comprehensive evaluative processes underpinning pivotal regulatory decisions shaping future drug policies impacting broader societal dynamics urging immediate corrective steps enhancing interagency cooperation facilitating informed balanced legislative deliberations safeguarding collective interests promoting holistic equitable development aligned core democratic principles essential sustaining thriving prosperous nation premised sound accountable transparent governance advocating expeditious resolution outlined concerns reinforcing institutional integrity advancing collective welfare through principled engaged policymaking imperative securing optimal societal outcomes reflective shared national priorities

Thank you for your attention.

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