Fact Checker: Can Eric Holder change the federal drug classification of marijuana?

I think that Congress ultimately has to do that (reclassify marijuana). This is a topic that ultimately, I think ought to be engaged in by our nation, informed by the experiences that we see in Colorado, in Washington. There is, I think, a legitimate debate to be had on both sides of that question where marijuana ought to be in terms of its scheduling.

U.S. Attorney General Eric Holder, National Press Club speech, Feb. 17, 2015

I am concerned, however, about your comments regarding the classification of marijuana As you know, you already have the statutory authority to reclassify marijuana.

Rep. Steve Cohen (D-Tenn.), letterto Holder in response, Feb. 18, 2015

Holder was asked this questionat the National Press Club event about marijuana: Under the Controlled Substances Act, the administration has the power to reclassify marijuana with no further congressional action needed. Do you think that is something that the president should consider in the next couple years?

Legalization advocates pushed back to Holders answer after the event, especially after Cohen, a longtime advocate of rescheduling marijuana, sent his letter in response. Some advocates took to social media to criticize Holder for denying he has authority. They encouraged one another on Facebook and Twitter to flood Holders office with calls challenging his statement. They made another push asking him to reclassify marijuana, noting that President Obama has said that he does not believe marijuana is more dangerous than alcohol.

Marijuana remains a Schedule I drug under the federal Controlled Substances Act of 1970, meaning it is classified as the most harmful category of drugs, with a high potential for abuse and no currently accepted medical use. Advocates believe that if marijuana is taken out of that classification, it would clear the path for more research into the effects of marijuana and ultimately lead to legalization and regulation nationwide.

While Holders statement was an opinion, and something that cant easily be fact-checked, it is important to explore it, as well asCohens response. As more states look toward legalizing recreational marijuana, advocates are pushing back stronger on statements such as Holders. Twenty-three states have legalized medical marijuana. Alaska recentlybecame the third state to legalize marijuana, and D.C.s recreational marijuana law is set to take effect Feb. 26.

Can the attorney general change the drug classification of marijuana? What are underlying policy issues that lead to questions over exactly what authority he has?

Under federal law, the attorney general can move to add, reschedule or remove drugs on his own, at the request of the health and human services secretary or in response to a public petition. But the law also requires the attorney general to gather data and scientific and medical evaluation from the HHS secretary before doing so.

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Fact Checker: Can Eric Holder change the federal drug classification of marijuana?

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