Hilgers Leads a Coalition of Attorneys General Opposing Rescheduling of Marijuana

Lincoln -- On Monday, Attorney General Mike Hilgers led a coalition of eleven States in submitting a public comment letter opposing the Biden Administration’s proposal to reschedule marijuana from Schedule I to Schedule III on the federal Controlled Substances Act. 

The comment letter was submitted in response to the Department of Justice’s Notice of Proposed Rule Making (NPRM) regarding the proposed change. Moving marijuana to Schedule III would be a significant step toward fully legalizing marijuana at the federal level and represents, in practical effect, a significant tax break for marijuana retailers.  

Nebraska’s 40-page comment letter outlines several reasons why the rescheduling of marijuana is both unlawful and ill-advised. 

“There is a myth that marijuana is relatively safe and that expanding legal access to it would not significantly harm the public health. Our comment letter explains why nothing could be further from the truth,” Hilgers said. “The Biden Administration’s effort ignores the science, ignores our decades-old treaty obligations, and ignores the law, all while acting to give marijuana companies a tax break.

Nebraska law makes marijuana illegal in all circumstances. Nebraska has long recognized and strived to protect its citizens from the negative consequences of marijuana. Marijuana is addictive and has many harmful health effects. It is particularly harmful to child and adolescent development and has links to both mental health conditions like psychosis and schizophrenia as well as physical ailments such as heart disease and several forms of cancer. 

Expanding access to marijuana also causes a host of secondary problems. It increases both the number and severity of motor vehicle accidents and creates difficult problems in enforcing laws that prohibit driving while intoxicated. Marijuana is also linked to rising homelessness and welfare dependence, reduced workplace productivity, and increases in anxiety and suicidal ideation. And, despite suggestions to the contrary, it does not reduce consumption of opioids or other “hard drugs” like cocaine and heroin. On the contrary, research shows marijuana is often a “gateway drug” that increases the consumption and illicit use of those drugs.    

Attorney General Hilgers led a coalition of attorneys general from the following states: Alabama, Arkansas, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, South Carolina, and South Dakota.