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Sen. Cory Booker urged fellow lawmakers to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
U.S. marijuana legalization advocates greeted Tuesday's news that the Drug Enforcement Administration is proposing rescheduling cannabis to a less restrictive class by calling on President Joe Biden to fully deschedule the plant, which is approved for recreational or medicinal use in the vast majority of states.
The Associated Pressreported the DEA is proposing rescheduling marijuana from Schedule I—which includes heroin, MDMA, and LSD—to Schedule III, a far less restrictive class that includes ketamine, anabolic steroids, testosterone, and over-the-counter products containing less than 90 milligrams of codeine per dose. According to the DEA, Schedule I drugs have "no currently accepted medical use and a high potential for abuse."
While it would not legalize cannabis for recreational use, the DEA proposal—which is subject to review by the White House Office of Management and Budget—would affirm medicinal marijuana and recognize that the plant has a lower potential for abuse than other widely used recreational drugs.
The Drug Policy Alliance (DPA)—which works to end the failed 53-year War on Drugs—warned that "under this proposed shift, marijuana criminalization would continue at the federal level and most penalties, including those for simple possession, would continue as long as marijuana remains anywhere on the Controlled Substances Act (CSA)."
While running for president in 2020, Biden repeatedly vowed to decriminalize marijuana and expunge the criminal records of people convicted of cannabis possession. In 2022 the president issued a "full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents" convicted of simple federal marijuana possession—a move that affected thousands of people but excluded those who are in the United States without authorization.
The following year, Health and Human Services (HHS) Secretary Xavier Becerra confirmed that his department would recommend rescheduling cannabis to Schedule III.
Sen. Cory Booker (D-N.J.) on Tuesday urged Congress to "follow the lead of states around the country and legalize cannabis for adult use and create a comprehensive taxation and regulatory scheme."
"Thousands of people remain in prisons around the country for marijuana-related crimes. Thousands of people continue to bear the devastating collateral consequences that come with a criminal record," the senator continued. "Legal marijuana businesses, especially those in communities hardest hit by the War on Drugs, still have to navigate a convoluted patchwork of state laws and regulatory schemes."
"I hope that my colleagues on both sides of the aisle, especially those who represent constituents benefiting from medical or adult-use programs, join me to pass federal legislation to fix these problems," Booker added.
Senate Majority Leader Chuck Schumer (D-N.Y.) said that "it is great news that DEA is finally recognizing that restrictive and draconian cannabis laws need to change to catch up to what science and the majority of Americans have said loud and clear."
"While this rescheduling announcement is a historic step forward, I remain strongly committed to continuing to work on legislation like the SAFER Banking Act as well as the Cannabis Administration and Opportunity Act, which federally deschedules cannabis by removing it from the Controlled Substances Act," he added.
Booker and Schumer were among the 21 senators who last week sent a letter to U.S. Attorney General Merrick Garland and DEA Administrator Anne Milgram noting that it's been 18 months since Biden ordered HHS October to review cannabis scheduling and eight months since the agency's rescheduling recommendation.
"While we understand that the DEA may be navigating internal disagreement on this matter, it is critical that the agency swiftly correct marijuana's misguided placement in Schedule I," the letter states.
Legalization advocates, meanwhile, pushed the Biden administration to go much further, as 24 states plus the District of Columbia have approved adult-use recreational marijuana and 38 states have legalized medicinal cannabis.
"Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling," DPA director of drug markets and legal regulation Cat Packer said in a statement. "We all deserve a federal framework for marijuana that upholds the health, well-being, and safety of our communities—particularly Black communities who have borne the brunt of our country's racist enforcement of marijuana laws."
"Rescheduling marijuana is not a policy solution for federal marijuana criminalization or its harms, and it won't address the disproportionate impact that it has had on Black and Brown communities," Packer added.
Dasheeda Dawson, chair of the Cannabis Regulators of Color Coalition and founder of Cannabis NYC, said: "The time for descheduling cannabis is not just a matter of policy; it's an imperative for justice and equity. Rescheduling would undermine the hard-fought progress made by cannabis equity and policy reform leaders like the Cannabis Regulators of Color Coalition, jeopardizing the livelihoods and futures of those entrepreneurs and communities disproportionately affected by past criminalization."
"We cannot afford to backtrack on our commitment to repair the harm inflicted by outdated policies," Dawson added. "Descheduling is not just about legality; it's about rectifying historic injustices and ensuring a fair and inclusive future for all."
"We cannot continue to allow large corporations in the food and beverage industry to put their profits over the health and wellbeing of our children," said Sen. Bernie Sanders.
A trio of U.S. senators on Friday introduced what's being billed as first-of-its-kind legislation sponsors say will "take on the greed of the food and beverage industry and address the growing diabetes and obesity epidemics" with a federal ban on junk food ads targeting children.
The Childhood Diabetes Reduction Act—introduced by Sens. Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), and Peter Welch (D-Vt.)—would also require warning labels "on sugar-sweetened foods and beverages; foods and beverages containing non-sugar sweeteners; ultra-processed foods; and foods high in nutrients of concern, such as added sugar, saturated fat, or sodium."
"Let's be clear: The twin crises of type 2 diabetes and obesity in America are being fueled by the food and beverage industry that, for decades, has been making massive profits by enticing children to consume unhealthy products purposely designed to be overeaten," Sanders—who chairs the Senate Health, Education, Labor, and Pensions (HELP) Committee—said in a statement. "We cannot continue to allow large corporations in the food and beverage industry to put their profits over the health and wellbeing of our children."
"Nearly 30 years ago, Congress had the courage to take on the tobacco industry, whose products killed more than 400,000 Americans every year," Sanders added. "Now is the time for Congress to act with the same sense of urgency to combat these diabetes and obesity epidemics. That means banning junk food ads targeted to kids and putting strong warning labels on food and beverages with unacceptably high levels of sugar, salt, and saturated fat."
Booker said that "the future of our nation depends on a continued investment in the health and wellbeing of our children," adding that "more and more of our children are developing diabetes and obesity primarily because a handful of corporate food giants push addictive, ultra-processed foods to drive up their profits."
"By banning junk food advertising to children, implementing front-of-package warning labels, and funding research on the dangers of ultra-processed foods, we can rein in the predatory behavior of big food companies and ensure a healthier future for generations to come," he added.
As the senators noted:
Today, more than 35 million Americans are struggling with type 2 diabetes—90% of whom are overweight or obese. These crises go hand-in-hand and children are severely impacted. Today, 1 out of 5 five kids are living with obesity. A serious illness unto itself, diabetes is also a contributing factor to heart disease, stroke, amputations, blindness, and kidney failure. Unless the U.S. dramatically changes course, these numbers will continue to grow exponentially.
The impact on the economy is enormous: Last year, the total cost of diabetes exceeded $400 billion, approximately 10% of overall U.S. healthcare expenditures.
Meanwhile, the U.S. food and beverage industry spends about $14 billion annually on marketing unhealthy products, with $2 billion of that spent on advertising these products to children.
"Our food environment has become dominated by ultra-processed foods that have more in common with a cigarette than a fruit or vegetable," said Ashley Gearhardt, director of the Food and Addiction Science & Treatment Lab at the University of Michigan. "Many ultra-processed foods are hyperpalatable and trigger the core signs of addiction, like intense cravings and a loss of control over intake."
"The American public is not adequately warned about the risks associated with these products and children are a key marketing demographic for ultra-processed foods with unhealthy nutrient profiles," Gearhardt added. "The Childhood Diabetes Reduction Act is a courageous step towards promoting the physical and mental health of American children."
"We know it was Breonna Taylor's dream to save lives," said one rights advocate, "and this proposed legislation would do just that."
Rights advocates on Monday applauded U.S. Rep. Morgan McGarvey for taking a "bold step toward healing and justice" by introducing the Justice for Breonna Taylor Act, which would ban nationwide the kind of no-knock warrants that led to the 26-year-old woman's death in 2020.
Nearly four years to the day after Taylor was killed by police officers who forcibly entered her home in Louisville, Kentucky without warning, after allegedly lying to obtain the no-knock warrant, McGarvey (D-Ky.) joined Sens. Rand Paul (R-Ky.) and Cory Booker (D-N.J.) in proposing the bill.
Louisville and Kentucky policymakers have both prohibited or severely restricted no-knock warrants since Taylor's killing.
"Louisvillians remember Breonna Taylor and are still grieving the tragedy of her inexcusable killing by police. After Breonna's death, we passed a ban on no-knock warrants at the state and local level—if we can do this in Kentucky, we can do this nationally," said McGarvey. "The Justice for Breonna Taylor Act is going to protect people and keep our communities safe."
Under the proposal, federal law enforcement and state and local police departments that receive federal funding would be prohibited from executing no-knock warrants.
"After Breonna's death, we passed a ban on no-knock warrants at the state and local level—if we can do this in Kentucky, we can do this nationally."
Amber Duke, executive director of the ACLU of Kentucky, denounced no-knock warrants as "legalized home invasions that put lives at risk on either side of a door."
In Taylor's case, police officers used a battering ram to break down the door to the Louisville apartment shortly after midnight on March 13, 2020.
They had been investigating two men for suspected drug dealing, including one who had previously been romantically involved with Taylor and who they believed had used Taylor's apartment to receive packages.
"We know it was Breonna Taylor's dream to save lives," Duke said of the emergency room technician, "and this proposed legislation would do just that. We applaud Congressman McGarvey and the bill's co-sponsors for taking this bold step toward healing and justice."
The legislation was introduced as federal authorities announced former Officer Brett Hankison will face a jury for a third time in the case.
None of the officers involved in the shooting have ever been charged with killing Taylor, but Hankison was charged by the state of Kentucky for endangering Taylor's neighbors. He was acquitted in March 2022 and the U.S. Justice Department then charged him with civil rights violations. A federal jury deadlocked in that trial.
"He shouldn't be the only one charged," attorney Lonita Baker, who represents Taylor's mother and sister, toldThe Washington Post."But the reality is that's where we stand and that's better than nothing."