The appointment of US President Joe Biden to a number of influential positions in the new administration gives cause for optimism in the hemp and cannabis sector.
While Biden himself appears to remain skeptical of recreational cannabis – having previously stated that it should be included in Appendix II of the Controlled Substances Act category – a wide range of key appointments appear to be solid proponents of hemp and cannabis.
Perhaps the most important appointment for CBD is the head of the Department of Health and Human Services (HHS). As the main government agency for Healthcare and consumer safety, HHS is responsible for several influential areas, such as: Food Products and new drugs through the Food and Drug Administration (FDA), implementing the country’s largest health programs (Medicare and Medicaid), and preventing the outbreak and spread of disease through the Centers for Disease Control and Prevention (CDC).
Xavier Becerra is the Biden candidate to lead the HHS. Former California Attorney General Becerra has considerable experience in helping cannabis reform and works to protect California’s legal program from federal interference.
Becerra was one of 21 attorneys general to write to congressional leaders to express their support for a bipartisan law to protect government cannabis programs from government interference.
And in an interview with the Los Angeles Times, he said, “Just as we allow alcohol to be sold, we have entered the 21st century and announced that it is better to regulate cannabis than criminalize it. There are far more important things to worry about than whether or not someone smokes cannabis for medicinal purposes. “
Becerra also spoke out strongly in favor of giving licensed cannabis companies access to the federal banking system. “The continued exclusion of the licensed cannabis industry from the federal banking system is untenable and unwise,” he said saidwhile serving as the California attorney general. “The coronavirus crisis has only exacerbated the economic and investigative challenges that arise from keeping a $ 15 billion industry in the shadows.
“Congress should pass these common sense laws quickly and provide relief to the many local cannabis companies who abide by the rules.”
Rachel Levine has been nominated as Assistant Secretary to HHS and, if confirmed, will bring a wealth of political expertise on medical cannabis – an essential requirement given the strong support medical cannabis enjoys in the new administration, with even Biden expressing his support .
The American Trade Association of Cannabis and Hemp (ATACH) called her “a pioneer who successfully led the implementation of Pennsylvania’s medical cannabis program.” It added, “Pennsylvania is now one of the fastest growing and most momentous medical marijuana markets in the country, in large part due to the work of Dr. Levine. “
Federal medical cannabis policy will be of concern to a large portion of the US population.
Under Levine, the Pennsylvania Department of Health oversaw temporary changes to the state’s medical cannabis program in response to the coronavirus pandemic. This included removing restrictions on the number of patients a registered nurse can work with.
“In the midst of Covid-19, we need to ensure that medical marijuana patients have access to medicines,” she said. “We want to ensure that medical marijuana program cardholders can get medication for one of 23 serious medical conditions during this difficult time.”
Presumably Levine would carry that enthusiasm into her new role at the federal level.
While the HHS will play an important role in how the Biden administration handles the medical and scientific aspects of the policy, the Department of Justice will play a critical role in regulating and enforcing cannabis and hemp. The Biden candidate to head the department is Merrick Garland, a name known to then-President Barack Obama as a candidate for the Supreme Court and who was denied a hearing by then Senate Majority Leader Mitch McConnell.
Biden has hired Garland to lead a demoralized department that has been ravaged by four years of attrition at all levels and unprecedented partisanship. Garland has a reputation for being a smart and sincere manager, but hasn’t made his views on cannabis issues particularly clear.
His court record shows that he has respect for the Drug Enforcement Administration (DEA) when it comes to drug planning, a key aspect of how cannabis is viewed by the federal government.
Some in the industry have criticized him for this approach, saying that it is overall negative for the future of cannabinoid regulation.
The DEA, based in the Justice Department, has repeatedly claimed that cannabis should be kept as a List I drug because the plant has no proven medicinal value and high risk.
Garland’s ruling as a judge on the appellate court in a 2012 federal lawsuit over the DEA’s rejection of a marijuana rescheduling suggests that he believes it is the appropriate authority to weigh cannabis science and establish a scheduling policy.
“Don’t we have to submit to the authorities when it comes to evaluating research into the therapeutic value of marijuana?” Garland asked the attorney who represents the Americans in the reform group for safe access. “Procrastination doesn’t mean they win. But sit back in the sense that we are not scientists – they are – the definition of an adequate and well-controlled study. “
But these comments have to be seen in context. Garland requested this from a lawyer serving as a judge during an oral hearing. The use of the term “postponement” in relation to a federal authority differs slightly from postponement in common parlance.
A judge’s job is to evaluate the evidence presented and determine the credibility and weight that should be placed on it. As a judge evaluating evidence, it is customary to submit to experts on a scientific subject. The role of the Justice Department chief is very different, however, and Garland will be able to influence, if not dictate, the policies and positions of the DEA.
In essence, as the head of the department under which the DEA is organized, the Attorney General has significant influence on the agency’s planning and enforcement policy. If confirmed, Garland would be able to essentially order a postponement of cannabis.
And there is greater potential for reform among his subordinates. One of his key deputies in the Justice Department would be Vanita Gupta, a former prosecutor and civil rights activist who advocated the legalization of cannabis and strongly condemned the harsh policies of criminalizing nonviolent drug offenses.
Gupta currently serves as President of the Leadership Conference on Civil and Human Rights (LCCHR) and has spoken out in favor of a House of Representatives bill to legalize state cannabis. She also voted against the injustices of the drug war.
In the meantime, a lot of positive things have already happened in the field of hemp in agriculture. Biden has nominated Tom Vilsack to return to his role as Minister of Agriculture, a position he held every eight years of the Obama presidency.
Under Vilsack’s leadership of the U.S. Department of Agriculture (UDSA), the 2014 Farm Bill, which included the hemp pilot program, was passed.
Jonathan Miller of the US Hemp Roundtable named Vilsack a “longtime champion in hemp,” adding, “We are incredibly optimistic that he will help provide the guidance and clarity needed to create opportunities in the hemp industry. “
Such a champion leaves open the slim possibility of further positive revisions to the final USDA rule for hemp production.
The White House issued a memo in late January 2021 urging agencies to withdraw or pause any rules that have not yet been published in the federal register to give the new administration time to review.
The USDA said CBD intelligence: “The new government is taking this opportunity to review new and pending regulatory actions, including the final settlement for the Domestic Hemp Production Program, to ensure that the programs are structured and adequately resourced, and to ensure that the programs implemented in such a way that they best serve the intended stakeholders. Once the review is complete, we will have more information on how to proceed with the rule. “
What that means: Apparently positive dates all around. Even Merrick Garland’s nomination to head the Department of Justice can be seen as positive for most cannabinoids, and even likely positive for the recreational cannabis end of the market.
Significant medical cannabis and CBD support is likely to come from the HHS, and while key appointments with the FDA and DEA are still pending, optimism is about to emerge Federal cannabis legalization during this legislative period.
Although this is still in the extreme range of what is realistically achievable, it is still a long way from the uncertainty and pessimism of recent times.
It looks like Joe Biden is on a pro-cannabis democrat train whether he really wants it or not.
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