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Cake day: June 11th, 2023

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  • Now branded as “Make America Healthy Again!,” Mr. Kennedy’s health freedom movement is preoccupied with instances where the government is supposedly colluding with industry to make people sick. The prevalence of chronic disease, America’s declining life expectancy, vaccine mandates: These are all, in Mr. Kennedy’s view, not just public health conundrums but also elite conspiracies.

    This reminds me of how people during the Black Plague in Europe used to kill cats because they thought that the plague was caused by witches and cats were associated with witches. They probable made things worse because the cats, had they not been killed, would have been killing rodents that carried the fleas that transmitted the plague to people. Likewise, getting rid of vaccine mandates is sure to increase chronic disease and reduce life expectancy.


  • Rescheduling is a lot more complicated than that. The president can not just wave a wand and make it legal. Congress could pass a law doing so, but they are not going to do that. The other way is via the Controlled Substances Act which is, to put it mildly, is a cluster fuck.

    In a nutshell, administrative rescheduling begins when an actor—the Secretary of Health and Human Services or an outside interested party—files a petition with the Attorney General or he initiates the process himself. The Attorney General forwards the request to the HHS Secretary asking for a scientific and medical evaluation and recommendation, as specified by 23 USC 811(b-c). HHS, via the Food and Drug Administration conducts an assessment and returns a recommendation to the Attorney General “in a timely manner.” The Attorney General, often through the Drug Enforcement Administration, conducts its own concurrent and independent review of the evidence in order to determine whether a drug should be scheduled, rescheduled, or removed from control entirely—depending on the initial request in the petition.

    If the Attorney General finds sufficient evidence that a change in scheduling is warranted he then initiates the first stages of a standard rulemaking process, consistent with the Administrative Procedures Act. During rulemaking and consistent with Executive Order 12866, if the White House—through the Office of Management and Budget’s Office of information and Regulatory Affairs—determines the rule to be “significant,” it will conduct a regulatory review of the proposed rule—a very likely outcome given the criteria in the EO.

    FYI, Biden already initiated this process to reschedule marijuana in 2022. At this point, it has been reviewed and the Attorney General has submitted a rule change to the DEA. They will have a public comment period which they will no doubt drag out as long as possible. If approved, marijuana will be reclassified at the same level as steroids (schedule III). It is disappointing that Biden only requested changing the schedule rather than descheduling it all together. Not ideal, but a hell of a lot better than now.