DENVER — As the federal government takes steps toward rescheduling marijuana, Denver wants to make sure it’s part of the conversation.
Before the federal government can reschedule marijuana, it must go through a lengthy rulemaking process, which includes taking public comments and possibly holding a hearing.
On Wednesday, the City of Denver submitted its official public comment to the U.S. Department of Justice (DOJ), which oversees the Drug Enforcement Administration (DEA).
City leaders say there are a lot of lessons the federal government can learn from Denver.
“We're one of the longest-standing and most experienced cities to regulate marijuana,” said Molly Duplechian, the executive director of the Denver Department of Excise and Licenses. “We think we have a lot of expertise to offer and provide to the federal government on how it should be implemented if marijuana is rescheduled.”
The DEA said Schedule I drugs are those with no accepted medical use and a high potential for abuse, like heroin and LSD.
Schedule III are drugs with a moderate to low potential for dependence, like Tylenol with codeine and Ketamine.
Duplechian says rescheduling marijuana to Schedule III will help Denver’s marijuana businesses.
“Marijuana businesses in Denver right now are struggling. They're facing their first recession,” said Duplechian.
Marijuana retail sales in Denver peaked in 2020, during the start of the pandemic. That year, retail sales climbed to $514 million. In 2023, retail sales fell to $335 million, a 37% decrease from 2020.
Duplechian says rescheduling marijuana will let businesses claim normal federal tax deductions, providing them with some much-needed relief.
But not everyone wants marijuana to be rescheduled.
Luke Niforatos with Smart Approaches to Marijuana says because marijuana has become more potent, he worries more young people will be harmed.
“Everything we thought we knew about marijuana is totally wrong,” said Niforatos. “This is a totally different drug. It is more addictive than it's ever been. It's also more harmful to your mental health than it has ever been.”
Niforatos said he worries more young people will use marijuana and become addicted if it is rescheduled.
“The industry's been targeting kids. There'd be nothing to stop that. They've been doing child-friendly products. This would essentially be a reward for how they've been targeting kids just like Big Tobacco,” said Niforatos.
Duplechian said Denver has seen a decrease in youth usage.
“What we have seen is that there [are] claims about a reschedule or a legalization of marijuana could really increase youth usage. What we've seen here in Denver is that that is not the case,” said Duplechian. “What we've actually seen since 2019 is a decrease in marijuana youth usage.”
The 2023 Healthy Kids Colorado Survey by the Colorado Department of Public Health and Environment showed that 26.3% of high school students in Colorado reported having tried marijuana at least once. Almost 24% of Denver high school students reported having tried it at least once.
About 12% of high school students in Colorado reported having used marijuana in the past 30 days, including 11.9% of students in Denver.
Denver District Attorney Beth McCann also submitted a public comment to the DEA last week.
McCann said rescheduling marijuana will advance public safety and help law enforcement prioritize resources.
“Rescheduling cannabis to schedule III would allow law enforcement to focus efforts on combatting the harms that arise from unregulated cannabis markets. Moreover, rescheduling would allow legal markets to compete on a level playing field, potentially leading to greater reinvestments in critical programs, including public safety,” McCann said. “Therefore, I strongly urge the DEA to follow the Department of Health and Human Services’ recommendation and reclassify marijuana as a schedule III substance under the [Controlled Substances Act].”
The federal government began taking public comments on its proposal in May.
As of Wednesday, it had received more than 31,000 comments.
Public comments can be submitted through Monday.
Niforatos said his organization has requested public comments be extended for another 30 days.
“This is a huge decision that's one of the biggest scheduling decisions for drugs in the history since we’ve had the FDA, so it's a big decision that we need more time,” said Niforatos.
He said they also requested a hearing.
“Eighteen different states attorneys general have also filed a request for a hearing,” said Niforatos. “There have been a lot of very interesting groups that are requesting this hearing. So, we'll see what happens.”
