DEA CANNABIS RESCHEDULING

PUBLIC COMMENT VIEWER

Here is a random public comment on the rescheduling of cannabis to Schedule III from Thomas Weitzel.
RE: Docket No. DEA-1362 I am writing to express my strong opposition to the recent proposal by the Justice Department to reclassify marijuana from a Schedule I substance to a Schedule III substance under the federal Controlled Substances Act (CSA). This proposed change represents a significant shift in federal drug policy with significant implications for public safety, public health and the ability of police agencies to protect the public. In particular, I am concerned about the following impacts: Public Safety Risks: Studies have consistently shown that marijuana use impairs perception, coordination, and judgment, significantly increasing the risk of accidents and fatalities on roadways. States that have legalized recreational marijuana, such as Colorado, have experienced notable increases in collision claim frequencies and marijuana-related traffic deaths. Policing Challenges: Despite claims that reclassification might alleviate police leaders from burdens related to marijuana possession, the proposal fails to address the complexities of distinguishing between lawful medical use and unauthorized recreational consumption. Apparent and standardized guidelines and comprehensive training for law enforcement personnel must be revised to mitigate the inherent ambiguities and enforcement challenges. Youth and Health Impacts: Of particular concern is the impact of marijuana on adolescent and young adult populations. Research indicates that marijuana use during crucial developmental stages can lead to lasting adverse effects on brain development, including lowered IQ and increased susceptibility to mental health disorders such as depression and schizophrenia. Impaired Driving: Marijuana’s psychoactive effects can impair cognitive and motor functions critical for safe driving, posing risks to road safety even under a Schedule III classification. Addressing impaired driving concerns necessitates continued vigilance in enforcement, public education, and prevention efforts to mitigate potential harms. Lack of Testing/Legal Standards for Impairment: The lack of a reliable marijuana impairment test presents significant challenges for police officers. Unlike alcohol, where a breathalyzer can provide a relatively accurate measure of impairment, no such tool currently exists for marijuana. This makes it difficult for officers to determine whether a driver is under the influence of marijuana, leading to safety risks on the road. In addition, the lack of a legal standard for marijuana impairment poses a further complication for police agencies. With alcohol, a blood alcohol concentration of 0.08% is widely accepted as the threshold for impairment. However, no such consensus exists for marijuana. Both factors significantly complicate legal proceedings. Without concrete evidence of impairment, it can be difficult to secure convictions in cases of driving under the influence of marijuana. This can lead to impaired drivers escaping punishment, further endangering roadway safety. Potential Impact on Current Firearms Regulations: Currently, 18 USC § 923 (g) (3) makes it unlawful for anyone who is a an “unlawful user or addicted to any controlled substance” to “possess … any firearm or ammunition.” Many police agencies in states that have legalized the use of recreational or medical marijuana have relied on this regulation to maintain policies that prohibit police officers from using marijuana. There is significant concern that the federal rescheduling of marijuana may limit the ability of police agencies to prevent marijuana usage by their officers. Diversion Potential: The reclassification raises significant concerns about diversion risks, particularly if regulatory oversight and enforcement measures are not adequately strengthened. Ensuring that marijuana intended for medical purposes does not contribute to illicit markets or non-medical use requires robust regulatory frameworks and effective enforcement strategies. In conclusion, I strongly oppose the proposed rescheduling of Marijuana and urge the adoption of, or continuation of, policies and regulations that prioritize public health and safety.
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