Marijuana Moment: Biden Failed To Reschedule Marijuana Because He Couldn’t ‘Find The Autopen,’ GOP Congressman Jokes

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As a marijuana rescheduling proposal awaits President Donald Trump’s decision, some GOP members of Congress are urging him to move forward with the reform—with one lawmaker taking a jab at former President Joe Biden by joking that it’s possible the prior administration “must have not been able to find the autopen in time” to complete the cannabis reform process it initiated.

While Biden directed federal agencies to undertake the review that led to a recommendation to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), the process stalled out before he left office. Now, certain supporters of the reform have sought to appeal to Trump by casting the issue as an opportunity to outdo his predecessor.

“When it comes to marijuana policy, it’s time for the Trump administration to do what the feckless Biden administration couldn’t, and wouldn’t,” Rep. Randy Fine (R-FL) wrote in an op-ed for Newsmax that was published on Wednesday.

He said that “like many things coming from the Biden administration, they simply failed to follow through.”

“They must have not been able to find the autopen in time,” Fine said, referring to a conservative criticism of the former president’s administration for using an automated device to sign off on acts of clemency that Trump has suggested may thus be invalid.

Fine also wrote that rescheduling would “help patients, veterans and consumers by removing marijuana from its outdated classification and moving forward with its rescheduling.” He said “keeping marijuana a Schedule I drug has terrible side effects that hurt even those opposed to any legalization,” in part by restricting research opportunities.

“That’s crazy,” the congressman said. “I strongly oppose the legalization of recreational marijuana—but I just as strongly believe that medical research into its use is needed to understand how to make cannabis safer or to expand our understanding of both long-term and short-term effects of usage, especially for underage users! The Schedule I designation prevents that.”

Fine also pointed out how rescheduling would normalize tax policy for state-licensed cannabis businesses, which are currently prevented from taking federal tax deductions under the Internal Revenue Service (IRS) code known as 280E.

“We take their tax dollars, but they cannot take legitimate tax deductions for necessary business expenses,” he said. “No matter how I personally feel about the issue, in these states where voters have spoken, the business is up and running and should be treated like any other business.”

“The time to reschedule marijuana is now and frankly, it makes no sense to wait any longer,” he concluded. “Rescheduling marijuana from I to III is not only the smart thing to do, it is the right thing to do.”

Fine isn’t the only GOP congressmen working to advance rescheduling. Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, also discussed the issue in an op-ed published in The Washington Times on Tuesday.

Mast emphasized that rescheduling would not federally legalize marijuana and “it isn’t about encouraging recreational use or opening more dispensaries.”

“It’s about responsibly expanding medical access and research,” he said. “Across America, families, doctors and veterans are speaking out to support reform. By moving marijuana to Schedule III, we can expand research, strengthen oversight and build a health care system that better serves the people who depend on it.”

Mast, a military veteran, touted legislation he sponsored alongside fellow Cannabis Caucus member Rep. Dave Joyce (R-OH) that would increase veterans’ access to state medical marijuana programs and eliminate a current U.S. Department of Veterans Affairs (VA) directive barring the department’s doctors from issuing cannabis recommendations.

“Because marijuana remains a Schedule I drug, Veterans Affairs doctors are barred from prescribing it as an option for treatment, even though it has been proved to help,” he wrote. “The best way to honor our veterans is to ensure they have access to the most effective care possible. Keeping marijuana at Schedule I creates unnecessary barriers, denying veterans the treatments they need and deserve after sacrificing for our country.”

Also, while prohibitionists have long argued that cannabis legalization at the state level would lead to an increase in youth use, “regulated markets have helped drive this reduction by limiting unsafe, unmonitored access,” Mast said.

“Rescheduling would build on this success, strengthening oversight, protecting young people and ensuring cannabis is accessed safely, responsibly and legally,” he said.

“I stand with Mr. Trump’s pledge to reschedule marijuana, a promise he reaffirmed during a recent press conference, recognizing its medical benefits and the opportunities it creates for jobs, medicine and research. Although these benefits alone would be a win for Americans, rescheduling would also protect Americans by curbing illicit markets and ensuring safer, regulated access. It would also free up more time and resources for law enforcement to do their job.”

Trump did endorse rescheduling on the campaign trail ahead of his second term, but at the press conference Mast referenced, the president’s position was in fact less clear. And while he said at the time that a decision on the issue would come in the “next few weeks” and touted the medical benefits of cannabis, he also expressed some concerns about broad marijuana use. It’s now been more than six weeks since he made those comments without an update from the administration.

Meanwhile, Trump’s nominee for White House drug czar told senators last week that the administration is keeping “all options” on the table as it continues to consider the pending marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.”

Photo courtesy of Mike Latimer.

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