Reframing Cannabis: Rescheduling and the Tale of Jerry the Bunny
“What’s in a name? That which we call a rose by any other name would smell as sweet.” - Shakespeare, ‘Romeo and Juliet’
Jerry’s Tale
There is a blue bunny named Jerry that follows me everywhere.
Mind you, I have never actually met Jerry, nor have I ever, admittedly, glimpsed this seemingly invisible cottontail. That said, I am still somehow certain that Jerry is both blue and a bunny. Despite his elusiveness, Jerry has become a guiding light in my life, helping me to make solid decisions and stay poised under pressure. I just feel like Jerry has the answers.
Stay with me.
Jerry has substantially improved my life in many ways and, in recognition of this, I wrote a handful of celebratory songs about my bunny. I suppose you could call these love ballads, of a sort, and I have found that singing them bolsters my spirit. I have even started a weekly song night, belting out my ballads solo in my apartment, on Tuesdays. If I am lucky enough to ever meet another Jerry disciple, I would welcome them with open arms; perhaps we could find a more spacious venue for our Tuesday night Jerry jams.
A Reality Check
Now that you have been acquainted with Jerry, we should check in. Do you possibly find my devotion to Jerry concerning? Does it make you question my mental health, and perhaps the life choices that brought you here?
Imagine if, instead of ‘Jerry’, I had told you that my invisible guide’s name was Jesus, or Vishnu, or Allah, or Yahweh. Would this have altered your perception of my belief system and behavior? Would you have honestly questioned my sanity then?
Labels shape reality.
As our nation sets out on the journey of cannabis rescheduling, let us here delve into how the shifting labels applied to this powerful plant shape its industry, societal perceptions, and reality. We are at a critical moment of engagement, with the public comment period on the proposed regulations open now.
Cannabis Rebranded - The Road to Rescheduling
The joyous journey toward cannabis rescheduling unfolded over the past year, marked by significant developments. In August 2023, the Department of Health and Human Services (HHS), allegedly under pressure from the Biden administration, made a pivotal recommendation to move cannabis from “Schedule I” to “Schedule III” of the Controlled Substances Act (CSA), acknowledging its accepted medical utility and lower potential for abuse compared to other Schedule I substances. This recommendation was a response to growing therapeutic evidence and a recognition of improving societal attitudes towards the plant.
Notice of Proposed Rulemaking & Potential Impacts of Cannabis Rescheduling
Following the HHS recommendation, the Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) began a thorough evaluation, culminating in the issuance of a Notice of Proposed Rulemaking (NPRM), officially published in the Federal Register on May 21, 2024. The NPRM outlines proposed changes to the scheduling of cannabis and details the procedure for the current public comment period.
By potentially moving cannabis from Schedule I to Schedule III, the NPRM could significantly impact medical research, legal frameworks, cannabis industry growth, and public perception of the plant. Cannabis rescheduling could lead to expanded research opportunities by reducing the restrictions that currently hinder scientific study of the plant’s medicinal benefits. It may also lower the legal barriers faced by medical cannabis patients and industry businesses, such as the IRS 280E restriction and banking barriers. However, even with rescheduling, cannabis will remain heavily regulated, which is why public input during the NPRM process is crucial. This process offers an opportunity for public involvement through comments and hearings, ensuring that diverse perspectives are considered.
The Social Construct of Cannabis - A Historical Lens
Academic Foundations
During my time as a sociology doctoral student and Instructor at the University of Colorado - Boulder, I had the privilege to teach undergraduate courses such as Drugs in U.S. Society, Crime & Society, and Criminology. I always began the first day of each class by introducing my students to Jerry, exactly as I did to you. However, while I richly enjoyed using it, this blue bunny metaphor was originally developed by my Master’s advisor, Clint Sanders.
Clint, an Emeritus Professor of Sociology at the University of Connecticut, is a paragon in the field of sociology, particularly in the study of social deviance and drug cultures. I first encountered the blue bunny in Clint’s wildly popular Introduction to Deviance course, where he captivated a lecture hall, stuffed with hundreds of undergraduates, with this strange tale. He had found a truly elegant, unforgettable technique for introducing the concept of “social construction”.
Social Constructionism and Cannabis
Social constructionism posits that our understanding of reality is developed through our social interactions and the labels we use. Essentially, the way we categorize and label phenomena shapes our perception and treatment of them. For instance, by changing Jerry’s name to Jesus, Buddha, or Allah, the same behaviors may be perceived in entirely different ways. This demonstrates how powerful and transformative labels can be.
Cannabis serves as a prime example of social construction in action. Its label has evolved multiple times throughout history, each shift significantly impacting societal views and treatment of the plant. In ancient cultures, cannabis was revered for its medicinal properties. However, during the late 19th and early 20th centuries, figures such as Harry Anslinger, the first Commissioner of the Federal Bureau of Narcotics (later to evolve into the Drug Enforcement Administration), used fear- mongering and racial prejudices to demonize cannabis. This strategic labeling was a tool, one used to associate cannabis with crime and deviance, particularly within marginalized communities.
Growing negative public sentiment towards cannabis was further entrenched by “yellow journalism”, spearheaded by media moguls like William Randolph Hearst. Hearst’s newspapers published exaggerated and often false stories about the dangers of cannabis, contributing to a moral panic. Films like “Reefer Madness” portrayed cannabis users as deranged and dangerous, cementing these harmful stereotypes in the public consciousness for decades to come.
The Controlled Substances Act and DEA Scheduling
The labels attached to cannabis continued to shift into the latter part of the 20th century, especially as scientific research and public opinion evolved. The Controlled Substances Act (CSA) of 1970 established a system of drug classification, profoundly impacting how cannabis was perceived and treated under the law.
Placed in Schedule I, alongside drugs like heroin and LSD, cannabis was deemed to have no accepted medical use and a high potential for abuse. This classification severely limited research and reinforced the negative stigma.
Imagine a world where cannabis is treated similarly to anabolic steroids, or ketamine. Under Schedule III, drugs are recognized for their medical use and have a lower potential for abuse compared to Schedules I and II. This shift could revolutionize the landscape for cannabis research and medical applications.
Drugs in Schedule II, such as cocaine and certain prescription opioids like oxycodone, are acknowledged for their medical use but come with severe restrictions due to their high potential for abuse and dependence. In contrast, substances in Schedules IV and V, like Xanax and certain cough preparations with codeine, have a lower potential for abuse and are widely accepted for medical use with limited dependence risk.
This detailed classification system, heavily influenced by decades of propaganda and racial discrimination, underscores the need for reevaluating how we label and perceive the cannabis plant and industry today.
The Drug War’s Dirty Secret
The CSA was heavily influenced by decades of propaganda and racial discrimination leading to its support and passage. This period also marked the beginning of the “War on Drugs”, a campaign initiated by President Nixon, which significantly intensified negative social perception of cannabis and other substances.
John Ehrlichman, a top adviser to President Nixon, later revealed the political motivations behind the War on Drugs. He openly divulged that the Nixon administration sought to criminalize the anti-war left and black communities via drug criminalization:
“The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the anti-war left and black people. […] We knew we couldn’t make it illegal to be either against the war or black, bit by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities.”
Such admissions highlight how the labels that were once used to justify the first shots taken in the War on Drugs were intentionally constructed to serve partisan political ends, rather than being based on scientific understanding or collective welfare. The War on Drugs resulted in widespread incarceration and lasting impacts on black and brown communities, which were disproportionately targeted during the campaign. This radically warped public perception of cannabis and led to the deep entrenchment of its stigmatization throughout the western world.
Reevaluating Labels
Understanding social constructionism, and knowing Jerry, allows us to see how the historically variable labels attached to cannabis have influenced public perception and policy over time. It challenges us to critically evaluate the labels and definitions imposed by our leaders and other social groups, and to recognize their profound impact in shaping our individual and collective realities.
Shifting Viewpoints - My Path to Advocacy
Raised with conservative Midwestern values, I was instilled with a profound skepticism toward cannabis. Once a proud student in the D.A.R.E. program, I vividly recall wearing my graduation t-shirt with joy, believing wholeheartedly in the anti-drug propaganda it promoted. To me, cannabis was a dangerous substance that ruined lives, tarnished reputations, and exposed those foolish enough to get involved with it to the dregs of society. I was genuinely fearful of the plant, convinced that it offered no real value and that using it would only be to my detriment.
In my undergraduate years, I was diagnosed with Crohn’s Disease, a chronic autoimmune disorder that wreaked havoc on my life. Like many in the United States, I was prescribed a litany of pharmaceuticals: steroids, antibiotics, anti-rejection drugs, chemotherapy drugs, and more. The side effects of these drugs were nightmarish, and despite enduring countless rounds of treatment, my symptoms remained largely unrelieved. I was trapped in a cycle of pain and hopelessness, resigned to a life of social withdrawal, shame, and limitation.
By the time I arrived in Boulder, Colorado, to begin my doctoral studies, I was at a breaking point. I had come to believe that the pharmaceuticals I was given represented the pinnacle of medical science, the best treatment available. Yet, they had failed me miserably. However, blessed to be surrounded by open-minded mentors in a state with a medical cannabis program, I began to reconsider my deeply ingrained prejudices.
My First Dispensary Experience
Taking the step to get my first medical cannabis card was anything but easy. It required overcoming significant internal struggle and doubt. However, desperation and curiosity motivated me. I found my way to a small, student-focused dispensary near campus. The selection was limited, and the overwhelming, novel odor of cannabis made the experience daunting. The Budtender, with her classic cannabis-calm demeanor, sold me two forty-milligram THC capsules. She advised me to eat one, to wait only “about an hour”, and to take the second if I still felt nothing. It was bad advice.
Nervous but hopeful, I ignorantly followed her instructions. After an hour, I felt nothing and, recalling my D.A.R.E. days, nearly lost hope. Nevertheless, I swallowed the second capsule.
For those keeping score at home: I consumed eighty milligrams of THC my first time out. I was in for a ride.
At a social event that evening, a full three hours later, the high hit me like a tsunami. The experience was wholly overwhelming, leaving me unable to speak, comprehend words, or find my way home. I stared ahead, wide-eyed, brimming with paranoia. I just wanted it to stop.
A New Perspective
Yet, after somehow getting myself home safely later that night, I woke the next morning feeling better than I had in years. The pain was gone, my stomach was calm, and I felt an incredible sense of relief and well-being that I had not experienced in as long as I could remember. A realization struck me: I had been profoundly misled about cannabis.
This experience was transformative, not only for my health but also for my perspective on cannabis and drug control policies. The relief that I felt was undeniable, leading me to question the negative labels and stigmas with which I had been indoctrinated. The journey from skepticism to advocacy began with that first, startling encounter with the plant.
Cannabis had been demonized throughout my life, labeled as a dangerous and worthless drug. But that moment of relief and healing challenged everything I thought I knew, reaffirming that the labels we attach to things profoundly shape our behaviors and realities. The cannabis plant had not changed; it was the label that had changed for me, from a feared substance to a source of relief and hope. My story is a testament to the power of changing perceptions, highlighting how deeply ingrained societal labels can distort our understanding and how challenging these labels can lead to transformative experiences. By reexamining the labels we attach to cannabis, we can push for a more informed and accepting view of this plant, recognizing its potential to change lives for the better.
Breaking the Cannabis Stigma
Working in the cannabis industry presents a unique set of challenges, especially in its early days in Colorado, during the 2010s. Back then, major banks outright refused to work with the medical cannabis industry. Only a handful of local credit unions were willing, but they charged exorbitant fees and subjected businesses to insurmountable due diligence processes. Operating on a cash-only basis became a necessity for most, leading to distinctly unsafe practices. Companies often had multiple cash-filled safes, or less secure storage options, scattered throughout their facilities and homes. They traveled Colorado’s highways and roads with briefcases and suitcases brimming with cash, exposing themselves to significant liability and risk.
To mitigate these risks, some companies resorted to less-than-honest methods, opening accounts with banks without disclosing the true nature of their business. Creativity, nuance, and vagueness were essential upon arriving at the “Type of Business” prompt on applications. This obfuscation sometimes worked, but the risk of account closure loomed large if the bank suspected the deposits were tied to cannabis. One telltale sign was the smell—the cash handled by dispensaries and producers soaked up the odor of cannabis. Stories circulated of banks closing accounts based solely on the scent of a business’s cash deposits. As a result, one technique was to use clothes dryer sheets to deodorize our cash before legally depositing it at banks—a process that felt ironically akin to money laundering, albeit this time to stay within legal bounds. Despite some relief offered by the Bank Secrecy Act, FinCEN guidance, and the Cole Memo, few avenues opened, forcing creative solutions.
Living the Cannabis Life - Public Perceptions
This lack of acceptance extends to daily interactions. The smell of cannabis clinging to one’s clothes after a day in a licensed facility was, and still sometimes is, a constant concern. Whether standing in line at the post office or encountering a new neighbor in my apartment building lobby, I often received dirty looks and occasional judgmental comments. An instance from maybe eight years ago stands out, where a convenience store clerk looked me over with icy cold judgement and said, with spite in each of his words, “Smells like someone’s having a good day.” It took me a moment to realize that he was referring to the intense smell lingering on me, to which I was at that point entirely oblivious, from the day’s harvest. Utterly lacking the energy or patience to explain, I silently resigned myself to the stoner identity that he had clearly assigned to me. I mean, of course I am one, but still. Not cool, man.
Dating with a Cannabis Career
Dating presents yet another layer of complexity. When should I disclose my job? How will potential partners react? It is a delicate balancing act between being honest and managing others’ judgments. Many women, upon finding out about my profession, have either changed their approach towards me, often with suspicion and disapproval, or outright refused to date me. Crafting my dating profile is a maddening exercise—staring at my phone screen for hours, deleting and retyping, trying to create an innuendo for my job without outright lying. This issue of authenticity is crucial; I want to be my realest self, especially in a dating context. Yet, being open about my profession often narrows my prospects significantly. This dilemma—holding onto my passion at the cost of companionship—demonstrates the pervasive power of cannabis stigma.
Professional Hurdles
Adding to the personal stigma, I often feel trapped in this industry. While I love my work and am proud of what I do, there have been times when I was jobless or unsatisfied and tried to apply for mainstream roles for which I felt extremely qualified. Despite my qualifications, I struggled to even get a callback, let alone an interview. In the cannabis industry, I am well- qualified and successful, but in the mainstream job market, my experience and tenure in this field seem to severely handicap me. This “stickiness” of the stigma means that, despite my qualifications, mainstream employers have often not taken my resume seriously.
Changing Cannabis Perceptions
The stigma associated with cannabis industry work has been historically pervasive. Whether the fallout is deodorizing cash, enduring judgmental looks from strangers, navigating lonliness the dating world, or struggling to transition to mainstream job roles, the challenge is not just about legality but also about social perceptions and labels. Experiences like that with my snooty convenience store pal highlight the everyday reality of working in an industry fighting for societal acceptance.
Fortunately, the stigma has begun to decline over the years. With increasing social acceptance of cannabis and the growing number of states medical and adult-use cannabis programs, barriers to success have started to fall. People generally are reacting more positively to our work and products. While we still have a ways to go and there is still ample work to be done, it is undeniable that things are improving. The industry is gaining recognition, and societal perceptions are shifting towards a more informed and accepting view of our humble plant.
Jerry’s Return - A Final Reflection
Jerry challenges conventional beliefs and norms. Given his apparent role in my life, the labels applied to him— Jerry, invisible, blue, bunny—collectively provoke curiosity, at the very least, and sincere concern at the worst.
Similarly, the labels that we apply to cannabis have profoundly shaped its public perception and societal acceptance. Over the years, cannabis has been labeled everything from “marihuana” and “weed” to more pejorative terms like “devil’s lettuce” and “reefer”. The term “marihuana” was popularized during the early 20th century as part of a campaign to exploit racial tensions and instill fear, associating the cannabis plant with Mexican immigrants and culture. These labels profoundly influenced whether the plant was seen as a medicinal remedy, a dangerous drug, or something in between.
Remember, the labels that we choose matter. Just as Jerry’s tale may have created strong reactions, so too can the ways in which we label cannabis and other drugs, both formally and informally. By being mindful of our labels, we hold the power to change the narrative.
Together, we can work towards a world where cannabis is recognized and respected for its true potential, one day.
Speak Up - Shape the Future of Cannabis
Living in a democracy, and working in this industry, is a privilege and carries with it the responsibility to actively participate in these processes. As individuals who have experienced the power of this plant, we owe it to ourselves and future generations to ensure that cannabis is recognized for what it truly is.
How can you make a difference? The public comment period on the Notice of Proposed Rulemaking is open now, until July 22nd, 2024. This is your rare chance to share your insights and help shape the future of cannabis industry regulation.
Here’s how you can get involved:
Submit a Public Comment:
To submit a public comment, head over to the Federal Register website for 89 FR 44597 (link here) and click the “Submit a Formal Comment” button.
When submitting your comment, it is important to be clear and concise, stating your position and providing evidence or examples to support your views. Ensure that your comments are relevant to the proposed rule and use respectful language throughout. Additionally, provide detailed information and insights to help regulators understand your perspective.
Request a Hearing:
If you want to participate more actively, consider requesting a hearing. Hearings provide a platform for oral presentations and detailed discussions, helping regulators consider different viewpoints.
Submit a written request that includes your reasons for the hearing, following the guidelines provided on the Federal Register website (https://www.federalregister.gov).
All hearing requests must be received or postmarked on or before June 20, 2024.
Let us remain vigilant and committed to reshaping the narratives around this plant, ensuring that the progress made today leads to a more informed and accepting society tomorrow.