Nebraska AG Opposes Federal Move to Reclassify Marijuana

23 July 2024

A coalition of eleven state attorneys general is opposing the Biden administration's proposal to reclassify marijuana from a Schedule I to a Schedule III drug, citing concerns over federal marijuana laws, international treaty obligations, and scientific evidence. In a 40-page letter submitted to the Department of Justice, the attorneys general argue that reclassification would be unlawful, increase marijuana availability in non-legal states, and worsen enforcement challenges, particularly in states like Nebraska, where legalization is absent.

Nebraska has reported an 11% rise in marijuana-related arrests, primarily in counties bordering Colorado, following that state’s legalization. Critics warn that rescheduling cannabis could further boost the marijuana industry in legalized states, complicating law enforcement efforts in neighboring states. They also argue that federal marijuana rescheduling contradicts existing Controlled Substances Act policies, raising questions about regulatory processes within the Drug Enforcement Administration (DEA) and compliance with international treaties on narcotics.

This debate occurs as South Dakota prepares for a ballot initiative on recreational marijuana, emphasizing the evolving complexities of cannabis laws across the U.S. While advocates of reclassification highlight potential benefits for medical cannabis research and patient access, opponents suggest the shift would undermine existing state laws and create new enforcement challenges for local governments.