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Biden-Harris administration takes major step toward reclassifying marijuana

New regulations could lessen criminal penalties for cannabis

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President Joe Biden discusses his administration's move toward reforming drug policy on cannabis (Screen capture: X)

The U.S. Department of Justice on Thursday took a major step toward loosening the federal government’s regulation of marijuana by issuing a Notice of Proposed Rulemaking to the Drug Enforcement Administration, which outlines a proposal to reclassify it under the federal Controlled Substances Act.

The move comes pursuant to the Biden-Harris administration’s April 30 announcement of plans to recategorize cannabis as a Schedule III substance, which could substantially lessen the criminal penalties for those convicted of using, possessing, selling, distributing, or cultivating the drug.

A 60-day public comment period will begin after the NPRM is published on the Federal Register, along with a concurrent review of the proposed regulatory reforms by an administrative law judge assigned by the DEA.

Since the CSA was passed in 1971, cannabis has been listed under Schedule I, the category reserved for drugs that are considered to be the most dangerous and lacking any currently accepted medical use in the U.S.

In a press release, a senior administration official noted that “marijuana is currently classified higher than fentanyl and meth – the drugs driving our Nation’s overdose epidemic.”

President Joe Biden posted a video on X in which he said the proposal to house cannabis under the Schedule III regulatory regime constitutes “an important move towards reversing longstanding inequities.”

“Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana,” the president said. “It adds to the action we’ve taken to lift barriers to housing, employment, small business loans, and more for tens of thousands of Americans.”

“Look folks no one should be in jail for merely using or possessing marijuana,” Biden said. “Period.”

The president added, “Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs. You have my word on it.”

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Federal Government

Trump-Vance administration removes LGBTQ, HIV resources from government websites

President took similar action shortly after his first inauguration in 2017

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President Donald Trump (Washington Blade photo by Michael Key)

The Trump-Vance administration has “eliminated nearly all LGBTQ and HIV focused content and resources” from WhiteHouse.gov and “key federal agency” websites, GLAAD announced in a press release Tuesday.

Prior to President Donald Trump’s inauguration on Monday, GLAAD had catalogued more than 50 links to LGBTQ- and HIV-related content on White House web pages and on websites for the State Department and the Departments of Education, Justice, Defense, Health and Human Services, and Labor, along with other agencies like the U.S. Equal Employment Opportunity Commission.

As of Tuesday, GLAAD specifically found that terms like “lesbian,” “bisexual,” “gay,” “transgender,” “sexual orientation,” “gender identity,” and “LGBTQ” are “no longer accessible on WhiteHouse.gov,” while “some LGBTQ-specific pages have been taken down from sites for the Centers for Disease Control, Department of State, and more.”

Among the pages that are no longer accessible on WhiteHouse.gov are an equity report  from July 2021, a fact sheet with information on expanding access to HIV prevention and treatment from March 2024, and information about Pride Month.

Among the entries on federal agency websites that are no longer available are 94 entries for “LGBT Rights” that were once published on the State Department’s site and dozens of links to information and resources on “LGBTQI+ Policy” that were once available on the Department of Labor website.

“President Trump claims to be a strong proponent of freedom of speech, yet he is clearly committed to censorship of any information containing or related to LGBTQ Americans and issues that we face,” GLAAD President Sarah Kate Ellis said. “Today’s action proves the Trump administration’s goal of making it as difficult as possible for LGBTQ Americans to find federal resources or otherwise see ourselves reflected under his presidency.”

Ellis added, “Sadly for him, our community is more visible than ever; and this pathetic attempt to diminish and remove us will again prove unsuccessful.”

Shortly after Trump’s first presidential inauguration in 2017, the Trump-Pence administration scrubbed the White House and federal government websites of LGBTQ and HIV related content, provoking backlash from LGBTQ advocates.

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, “It is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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Federal Government

HIV positive patients can now receive organs from HIV positive donors

New HHS rule applies to liver and kidney transplants

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HHS Assistant Health Secretary Adm. Rachel Levine, U.S. Rep. Mark Takano (D-Calif.), and HHS Secretary Xavier Becerra (Washington Blade photo by Christopher Kane)

A new rule announced Tuesday by the U.S. Department of Health and Human Services will allow HIV positive patients to receive organs from HIV positive donors, a move that will expand the pool of available organs and reduce wait times.

“This rule removes unnecessary barriers to kidney and liver transplants, expanding the organ donor pool and improving outcomes for transplant recipients with HIV,” said HHS Secretary Xavier Becerra in a statement.

The agency noted that the final rule also aims to combat stigma and health inequities associated with HIV.

“Research shows that kidney and liver transplants between donors and recipients with HIV can be performed safely and effectively,” Assistant Secretary for Health Rachel Levine added. “This policy change reflects our commitment to following the evidence and updating our approaches as we learn more. By removing research requirements where they are no longer needed, we can help more people with HIV access life-saving transplants.”

HHS notes that the rule applies to kidney and liver transplants, which correspond with the areas in which the evidence from biomedical research is the most “robust.”



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