April, 30 2024, 03:12pm EDT
Biden’s DEA Proposes to Reschedule Marijuana Rather than Decriminalize It, Advocates Say Marijuana Must Be Descheduled
Today, the Associated Press reported that the Drug Enforcement Administration (DEA) is proposing rescheduling marijuana from a Schedule I drug, the most restrictive class, to a Schedule III drug, a less restrictive class. 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). On the 2020 campaign trail, then-candidate Biden repeatedly pledged to decriminalize marijuana and expunge related criminal records – identifying these issues as barriers to racial equity. However, the DEA’s proposal would leave most of the harms and racial disparities associated with criminalization unaddressed.
“Supporting federal marijuana decriminalization means supporting the removal of marijuana from the Controlled Substances Act, not changing its scheduling” said Cat Packer, Director of Drug Markets and Legal Regulation. “We all deserve a federal framework for marijuana that upholds the health, wellbeing, 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 continued: “The individuals, families and communities adversely impacted by federal marijuana criminalization deserve more. Workers in the marijuana industry, people who use marijuana, all of us deserve more. Congress and the Biden Administration have a responsibility to take actions now to bring about marijuana reform that meaningfully improves the lives of people who have been harmed by decades of criminalization. Descheduling and legalizing marijuana the right way isn’t just good policy, it’s popular with voters, too.”
A majority of American voters support marijuana legalization and comprehensive reform, according to a Data for Progress poll. Policymakers, health professionals and criminal justice advocates agree that marijuana must be removed from the CSA and coupled with comprehensive Congressional legislative reform to address racial disparities, reduce harm, and move toward a federal marijuana policy and regulatory framework that benefits all communities. Descheduling has also amassed significant support in Congress, with Representatives Blumenauer (D-OR), Joyce (R-OH), Lee (D-CA), and Mast (R-FL) leading their Congressional colleagues in two letters (in December 2022 and October 2023) to the DEA calling for descheduling marijuana, and Senator Warren (D-MA) leading eleven of her colleagues, including Senate Majority Leader Chuck Schumer (D-OH), urging President Biden’s Administration to remove marijuana from the CSA.
The Drug Policy Alliance and its coalition partners at United for Marijuana Decriminalization (UMD) plan to launch an ambitious outreach effort to encourage community members to tell President Biden and the DEA that marijuana must be descheduled once the public comment period is open. Members of the public will be able to submit comments in support of descheduling in response to the DEA’s proposal through a simple online form. During the brief, time-limited public comment period, UMD aims to solicit a historic number of public comments through extensive outreach to stakeholders, particularly those who have been harmed by marijuana criminalization, inviting participation in the public process and emphasizing the need for marijuana descheduling.
To end federal marijuana criminalization and create marijuana laws grounded in health, safety, and racial equity, the Drug Policy Alliance, fellow advocates, and Congressional leaders are calling on the DEA to deschedule marijuana by fully removing it from the CSA. While descheduling is critical to eliminating the ongoing harms of federal criminalization, marijuana reform can also take place through Executive Orders and Congressional legislation. President Biden can come closer to fulfilling his promise to end marijuana criminalization by taking immediate action to mitigate the harms of marijuana prohibition in people’s lives.
Additionally, Congressional legislation should provide relief from previous marijuana convictions, restore rights and benefits to people impacted by marijuana criminalization, reinvest in communities disproportionately harmed by criminal enforcement. Additionally, Congressional legislation should create a regulatory framework rooted in equity that prioritizes public health, workplace safety, and fair economic opportunities for small businesses. The House of Representatives has twice passed the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, a comprehensive descheduling bill with extensive criminal justice reform and community reinvestment. In 2022, the Senate introduced the Cannabis Administration and Opportunity Act (CAOA), the most comprehensive Congressional descheduling bill to date.
Rep. Barbara Lee (CA):
“While the rescheduling of marijuana is a historic step in the right direction, anything short of descheduling falls woefully short of remedying the harms of the current system and the failed racist War on Drugs,” said Rep. Lee. “Rescheduling would allow for the criminal penalties for recreational and medical marijuana use to continue – disproportionately impacting Black and Brown communities. The criminalization of marijuana is also increasingly out of step with state law and public opinion. We need full descheduling and to pass the MORE Act – which I proudly co-lead – as a solution for equitable comprehensive marijuana reform rooted in racial and restorative justice.”
Senator Kirsten Gillibrand (NY):
“Descheduling marijuana from the Controlled Substances Act is not just a social justice issue; it’s an economic, medical, and public safety issue. Since marijuana was classified as a Schedule I substance during the war on drugs, countless lives have been torn apart, and individuals in primarily Black and brown communities have been targeted for nonviolent cannabis-related offenses,” said Senator Gillibrand. “Studies show that legalizing marijuana could help reduce violence in international drug trafficking and generate billions of dollars for the economy. The vast majority of Americans agree that marijuana should be legalized – that’s why I’m calling on the Attorney General and the Drug Enforcement Administration to swiftly deschedule marijuana from the Controlled Substances Act.”
Rep. Jerry Nadler (NY):
“While rescheduling marijuana is an important step, we must go further. It is time to end the prohibition and criminalization of marijuana at the federal level. That’s why I have introduced the Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act, which would not only decriminalize marijuana under federal law, but it would also expunge federal marijuana convictions and encourage states to do the same. The bill would also establish a fund to support programs assisting those communities who were most directly harmed by the War on Drugs and ensure that they have equal access to the benefits of decriminalization.”
Amber Senter, Co-Founder, Board Chair, and Executive Director, Supernova Women:
“There’s no doubt that the United States government recognizing cannabis has medicinal benefits is anything short of historic. Advocates have worked tirelessly for decades to reach this moment, banding together as patients, caregivers, social justice activists, and community members. However rescheduling cannabis to Schedule 3 is not enough. People will continue to be criminalized and punished for possessing and consuming cannabis, risking employment, housing, benefits and more. Workers in the cannabis industry will run the risk of federal prosecution for simply going to work and trying to provide for themselves and their families. Patients using cannabis as medicine through legal or state medical programs will also run the risk of federal criminalization by simply choosing a less harmful way to cope with pain from debilitating medical conditions. The war on drugs will continue to rage on, destroying lives and families as it’s done for decades. As a business owner in cannabis, I recognize the much-needed tax relief that rescheduling cannabis to Schedule 3 will bring. However, we cannot continue to allow some to capitalize from cannabis while others, primarily black and brown people, continue to be punished with their lives ruined. We must deschedule cannabis and stop criminalization for a medically beneficial plant.”
Chelsea Higgs Wise, Executive Director, Marijuana Justice:
“Since prohibiting marijuana there has been a targeted enforcement that has left communities of color disproportionately harmed at the individual, familial and community level. Rescheduling only brings benefits to businesses through tax relief, while our loved ones are left with the guarantee of repetitive surveillance, imprisonment, and collateral consequences. Any federal reform must directly address the disproportionate enforcement Black families continue to face. Presidential pardons are important but for true repair, we must continue to demand for marijuana to be descheduled along with people released and records expunged.”
Michelle Rutter Friberg, Director of Government Affairs, National Cannabis Industry Association:
“While rescheduling marijuana to Schedule III will undoubtedly provide much needed tax relief to cannabis businesses, the Biden Administration and Congress must act to deschedule marijuana and remove it from the Controlled Substances Act entirely. Only descheduling marijuana will harmonize federal law with the 37 states with some form of legal cannabis commerce, allow for the implementation of sensible regulations on hemp and marijuana derived products, and create a level playing field for small and minority owned businesses in the industry.”
Dr. Rachel Knox, MD, MBA, Board Chair, Association for Cannabis Health Equity and Medine (ACHEM):
“Cannabis must be removed from the Controlled Substances Act. From inception, its scheduling has been public health enemy #1, as it has underpinned decades of racist and classist provocation, perpetuating systemic harms directly linked to generational poverty and escalating health disparities in marginalized communities. Rescheduling does nothing to unravel this framework and, in fact, will allow it to continue unchecked. The only remedy to this chronic threat is descheduling, the swift overhaul of discriminatory cannabis policies across all sectors, and thoughtful regulation of diverse cannabis markets with standards rooted in science and social justice.”
Lt. Diane Goldstein (Ret.), Executive Director, Law Enforcement Action Partnership:
“As the failed policies of marijuana prohibition continue to drag on and waste law enforcement resources, the DEA’s move to reschedule marijuana to a less restrictive class would simply not go far enough,” she said. “It would not end federal marijuana criminalization and would do little to rectify the harms of the current system, in which an arrest record can lead to fewer employment opportunities, limited housing options, and obstacles to obtaining loans, all of which make people more, not less, disposed to crime and further drug use. The only way to end this unnecessary criminalization and its harms is to completely remove marijuana from the Controlled Substances Act.”
Dasheeda Dawson, Chair, Cannabis Regulators of Color Coalition and Founding Director, Cannabis NYC:
“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. Descheduling is not just about legality; it’s about rectifying historic injustices and ensuring a fair and inclusive future for all.”
Weldon Angelos, President & Co-Founder, The Weldon Project:
”As an advocate for ending federal marijuana prohibition, I acknowledge that the DEA’s decision to reschedule marijuana as a Schedule 3 substance is a significant step – but it’s far from the inevitable ultimate destination where marijuana is no longer treated as contraband in America’s failed war on drugs. Only the complete descheduling of marijuana will begin to dismantle the barriers of a nationwide criminal ban and ensure that no further damage is inflicted after decades of misguided federal policies. As we navigate this pivotal moment, our actions must be bold and unequivocal to ensure justice and equity for all those who have suffered under the weight of prohibition. If our ultimate goals are to liberate and restore American communities, now is not the time to settle for half measures or, worse yet, to declare victory and pretend like everything’s been solved. It hasn’t.”
Background:
38 states have laws that allow for medical cannabis use and 24 states have laws that allow for adult recreational cannabis use. Despite these reforms at the state level – as long as marijuana is a scheduled substance under the CSA, the repercussions of federal marijuana criminalization will continue – even for conduct that is authorized under state law. Individuals could still face criminal penalties, including mandatory minimum sentences, for personal use and distribution. Additionally, under a Schedule III classification, people with marijuana-related convictions could still lose access to federal housing and food benefits, or even face deportation. According to the ACLU, over 80% of people sentenced for federal marijuana charges were Black or Latino. This is a clear indication that maintaining federal criminalization in any form will perpetuate racially discriminatory policing and enforcement.
The Drug Policy Alliance is the nation's leading organization promoting drug policies grounded in science, compassion, health and human rights.
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Solidarity Marches Held Across Globe to Demand Cease-Fire in Gaza
Organizers held rallies in the U.S., Europe, and Asia to mark Nakba Day and condemn Israel's bombing and starvation of Palestinian civilians.
May 19, 2024
As one United Nations official on Saturday said that "brand new words" are needed to adequately describe the devastation Israel has wrought across Gaza in its U.S.-backed military assault, tens of thousands of people across the globe marched in solidarity with Palestinians to demand an end to the "ongoing Nakba."
The marches were held to honor Nakba Day, which was marked on May 15—the 76th anniversary of the mass displacement of 700,000 Palestinians who were forced from their homes when Israel declared statehood in 1948. The protesters demanded a cease-fire in Gaza, where Israeli forces have killed at least 35,456 people since October, the majority of them women and children.
Protesters in London carried signs reading, "Solidarity is a verb," and "The Nakba never ended" as they marched through Whitehall, close to the home and office of Prime Minister Rishi Sunak.
Palestinian photojournalist Motaz Azaiza, who covered the first months of Israel's bombardment and evacuated Gaza in January, joined the marchers and told the crowd that mass protests around the world have given Palestinians hope.
"I didn't believe that I would stay alive to stand here in London today in front of the people, who saw me there under the bombing," said Azaiza. "Occupation is using all the weapons against us, the bombs, the killing, the starvation, the apartheid in the West Bank, and now killing the people and forcing them to leave their lands... I did my best to show you, and I believe you will do more, we all together will do more to stop this genocide."
In Dublin, Ireland, where politicians have harshly criticized Israel and its supporters for the assault on Gaza and the near-total blockade on humanitarian aid that has pushed parts of the enclave into famine, more than 100 civil society groups supported a march organized by the Ireland-Palestine Solidarity Campaign.
Irish Palestinian Zak Hania, a researcher and translator who was trapped in Gaza until earlier this month when he was finally granted permission by Egyptian and Israeli authorities to leave, thanked the crowd for choosing "to stand with justice and to stand with an oppressed people."
"I am proud to be an Irish Palestinian," said Hania. "I am proud to see all of you. It is part of my healing... We inherited a dream from our parents. We are trying for all our lives to fulfill our dreams and our parents' dreams. My parents are dead, but I will work to fulfill their dreams. Their dream is to have a free Palestine."
Other protests included a rally outside the German embassy in Bangkok, a march of about 400 people in Washington, D.C., and a demonstration in Brooklyn where police violently arrested at least 34 people, according to The New York Times.
Nerdeen Kiswani, founder of pro-Palestinian group Within Our Lifetime, told the Times she witnessed "police indiscriminately grabbing people off the street and the sidewalk. They were grabbing people at random."
Independent journalists posted videos on social media of police officers punching and kicking protesters.
The latest show of global outrage toward the Israeli government and the Western leaders who have supported its assault on Gaza came as U.N. humanitarian aid officer Yasmina Guerda told U.N. News about her latest deployment to Rafah, where 900,000 people have now been forced to flee following Israel's incursion in the city.
"We would need to invent brand new words to adequately describe the situation that Palestinians in Gaza find themselves in today," said Guerda. "No matter where you look, no matter where you go, there's destruction, there's devastation, there's loss. There's a lack of everything. There's pain. There's just incredible suffering. People are living on top of the rubble and the waste that used to be their lives. They're hungry. Everything has become absolutely unaffordable. I heard the other day that some eggs were being sold for $3 each, which is unthinkable for someone who has no salary and has lost all access to their bank accounts."
"Access to clean water is a daily battle," she added. "Many people haven't been able to change clothes in seven months because they just had to flee with whatever they were wearing. They were given 10 minutes notice and they had to run away. Many have been displaced six, seven, eight times, or more."
The daily reality described by Guerda is continuing to unfold as the Israeli forces have prevented 3,000 aid trucks from entering Gaza in the past two weeks, according to the Government Media Office in the enclave. The closure of the Rafah and Karem Abu Salem crossings for the past 13 days, since Israel launched its new offensive in Rafah, has also prevented nearly 700 injured and sick people from leaving Gaza for treatment.
"This constitutes a clear danger in light of the collapse of the health system," said the office.
On Sunday, U.N. humanitarian chief Martin Griffiths warned that the blockade on aid is leading to "apocalyptic" consequences, with the famine that has taken hold in parts of northern Gaza close to spreading across the enclave.
"If fuel runs out, aid doesn't get to the people where they need it, that famine, which we have talked about for so long, and which is looming, will not be looming any more," said Griffiths. "It will be present."
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Rights Advocates Demand Probe Into Reports That Israel Uses WhatsApp to Target Palestinians
"The Israeli Lavender system, supported by artificial intelligence, identifies Palestinians by tracking their communications via WhatsApp or the groups they join," said a Palestinian digital rights group.
May 18, 2024
The Palestinian digital rights group Sada Social on Saturday called for an investigation into Israel's alleged use of WhatsApp user data to target Palestinians with its AI system, Lavender.
The group, which is affiliated with the Al Jazeera Media Institute and Access Now, accused Meta, which owns WhatsApp, of fueling "the 'Lavender' artificial intelligence system used by the Israeli military to kill Palestinian individuals within the Gaza enclave."
As Common Dreamsreported in April, the Israel Defense Forces has relied on AI systems including Lavender to target people Israel believes to be Hamas members.
At +972 Magazine, Israeli journalist Yuval Abraham wrote that a current commander of an elite Israeli intelligence unit pushed for the use of AI to choose targets in Gaza. The commander wrote in a guide book to create the system that "hundreds and thousands" of features can be used to select targets, "such as being in a WhatsApp group with a known militant, changing cell phone every few months, and changing addresses frequently."
Sada Social asserted that it had found the Lavender system uses WhatsApp data to select targets.
"The reports monitored by the Sada Social Center indicate that one of the inputs to the 'Lavender' system relies on data collected from WhatsApp groups containing names of Palestinians or activists who are wanted by 'Israel,'" said the group in a press release. "The Israeli Lavender system, supported by artificial intelligence, identifies Palestinians by tracking their communications via WhatsApp or the groups they join."
The mention of Israel's use of WhatsApp data in Abraham's reporting also caught the attention last month of Paul Biggar, founder of Tech for Palestine.
"There's a lot wrong with this—I'm in plenty of WhatsApp groups with strangers, neighbors, and in the carnage in Gaza you bet people are making groups to connect," wrote Biggar. "But the part I want to focus on is whether they get this information from Meta. Meta has been promoting WhatsApp as a 'private' social network, including 'end-to-end' encryption of messages."
"Providing this data as input for Lavender undermines their claim that WhatsApp is a private messaging app," he wrote. "It is beyond obscene and makes Meta complicit in Israel's killings of 'pre-crime' targets and their families, in violation of international humanitarian law and Meta's publicly stated commitment to human rights. No social network should be providing this sort of information about its users to countries engaging in 'pre-crime.'"
Others have pointed out that Israel may have acquired WhatsApp data through means other than a leak by Meta.
Journalist Marc Owen Jones said the question of "Meta's potential role in this is important," but noted that informants, captured devices, and spyware could be used by Israel to gain Palestinian users' WhatsApp data.
Bahraini activist Esra'a Al Shafei, founder of Majal.org, told the Middle East Monitor that the reports that WhatsApp user data has been used by the IDF's AI machine demonstrate why privacy advocates warn against the collection and storage of metadata, "particularly for apps like WhatsApp, which falsely advertise their product as fully private."
"Even though WhatsApp is end-to-end encrypted, and claims to not have any backdoors to any government, the metadata alone is sufficient to expose detailed information about users, especially if the user's phone number is attached to other Meta products and related activities," Al Shafei said. "This is why the IDF could plausibly utilize metadata to track and locate WhatsApp users."
While Meta and WhatsApp may not necessarily be collaborating with Israel, she said, "by the very act of collecting this information, they're making themselves vulnerable to abuse and intrusive external surveillance."
In turn, "by using WhatsApp, people are risking their lives," she added.
A WhatsApp spokesperson told Anadolu last month that "WhatsApp has no backdoors and we do not provide bulk information to any government," adding that "Meta has provided consistent transparency reports and those include the limited circumstances when WhatsApp information has been requested."
Al Shafei said Meta must "fully investigate" how WhatsApp's metadata may be used "to track, harm, or kill its users throughout Palestine."
"WhatsApp is used by billions of people and these users have a right to know what the dangers are in using the app," she said, "or what WhatsApp and Meta will do to proactively protect them from such misuse."
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PFAS 'Ubiquitous' in Water, Atmosphere in Great Lakes Basin
"We need to take a broad approach to control sources that release PFAS into the atmosphere and into bodies of water," said one researcher, "since they eventually all end up in the lakes."
May 18, 2024
A first-of-its-kind study published this week shows that levels of toxic per- and polyfluoroalkyl substances, or PFAS, are now so ubiquitous in the environmental that they have begun building up in the Great Lakes Basin after entering it through rainwater and the air, contaminating 95% of the United States' fresh surface water supply.
Researchers at Indiana University, Bloomington and Environment and Climate Change Canada published the study Thursday, revealing that "background levels" of PFAS, also called "forever chemicals," are so high that atmospheric counts were consistent throughout the basin.
"The PFAS in rain could be carried from local sources, or have traveled long distances from other regions. Regardless, it is a major source of pollution that contributes to the lakes' levels," reported The Guardian on Saturday.
The levels of PFAS in precipitation did not correlate with whether or not an area in the Great Lakes Basin was heavily industrialized, lead author Chunjie Xia, a postdoctoral associate at Indiana University, told The Hill.
"The levels in precipitation don't depend on the population," said Xia. "They are similar in Chicago, which is heavily populated, and at Eagle Harbor, Michigan, where there's maybe 500 people living in a 25-kilometer radius."
"That tells us the levels are ubiquitous," he said. "This is the first time we've seen that. We've never seen that for other pollutants before."
Within the basin, however, levels of PFAS were higher near urban areas.
Twenty percent of the world's freshwater is held in the Great Lakes Basin, while 10% of the U.S. population and 35% of Canadians live in the region.
In 2023, Duke University and the Environmental Working Group analyzed fish samples collected from the Environmental Protection Agency's monitoring program for the Great Lakes, and found that eating just one locally caught freshwater fish could be the equivalent of drinking PFAS-contaminated water for a month.
Forever chemicals have earned their nickname because they do not naturally break down and can continuously remain in and move through the environment. PFAS are used by dozens of industries to make products heat-, water-, and stain-resistant.
European lawmakers have proposed a ban that could go into effect as early as 2026, but Reutersreported Wednesday that the law could include exemptions for certain industries.
Last month, the Biden administration finalized a rule setting limits on PFAS in drinking water.
"We need to take a broad approach to control sources that release PFAS into the atmosphere and into bodies of water," Marta Venier, a co-author of the new study, toldThe Guardian, "since they eventually all end up in the lakes."
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