WASHINGTON, DC—Smart Approaches to Marijuana (SAM) condemns in the strongest possible terms President Donald Trump’s decision to buckle under industry pressure and finalize the Biden-era rule to downgrade marijuana from Schedule I to Schedule III.
SAM President, Dr. Kevin Sabet, released the following statement:
“This rule, if finalized, will herald a public health disaster. It’s a full betrayal of the President’s promise to keep all Americans safe and healthy. This is a giant gift to Big Marijuana and its pushers who are now more incentivized to target children with their highly addictive products. Thankfully, this decision does not legalize marijuana, but it gifts the industry with more than $2 billion in tax write-offs at a time when their advertising is inflicting carnage on America’s families.
“In reality, this is a pyrrhic victory for the industry. They have failed in their attempt to legalize their products, banking, and they were dealt a huge blow with the new law outlawing Delta-8 and other synthetic pot products. In addition, they are facing increased pressure in legalized states, with several now considering a rollback of such policies. The implications for marijuana products remain unclear, since now the Food and Drug Administration (FDA) will have enforcement jurisdiction over them in a way only the Drug Enforcement Administration currently does.
ON EO’S MEDICARE/CBD LANGUAGE:
“By allowing Medicare reimbursements for harmful, unapproved CBD products, the President is writing a check signed by American taxpayers to snake oil salesmen.
ON EO’S HEMP LANGUAGE:
“Intoxicating hemp products sicken and even kill children; the FDA connects the delta-8 they contain to a plethora of terrible health issues, physical and mental. Any effort to reverse the overwhelming majority of Congress’ will in closing the ban would magnify these harms.
“That’s why we are announcing new, major initiatives starting today:
- “We have retained Torridon Law and Bill Barr, former Attorney General of the United States, to file a lawsuit against the administration if this rule should become final. We are confident that reason and science will win.
- “We are filing a petition with the federal government to reschedule marijuana back to Schedule I via the normal public petitioning process.
- “Our two grassroots-led campaigns to repeal the commercial sales of marijuana in Maine and Massachusetts have already seen success, with more than 74,000 Bay Staters signing up in support and sending the measure to the state, where it will enter legislative review in January. It’s time to turn back the tide.
- “Our expanded government affairs team is working with Congress to prevent the $2 billion rescheduling tax break the marijuana industry is poised to get from the federal government. We prepared for a potential rescheduling earlier this year by drafting the No Deductions for Marijuana Businesses Act (H.R.1447/S.471), legislation introduced by House Budget Committee Chairman Jodey Arrington and Senators James Lankford and Pete Ricketts. The bill would block the industry from getting any tax deductions for marketing marijuana even under a Schedule III regime.
“The struggle for sane public-health policy is a long and difficult one. We have won major victories in it and will continue to do so. Marijuana belongs in Schedule I under the terms of federal law. Today’s move means that, yes, the legalizers have failed in fully legalizing marijuana—but we must fight on.
“And we will.”