Welcome back to Higher Law, our new weekly briefing about all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. Kirsten Gillibrand just emailed me—well, me and probably thousands of other names on a contact list. New York's junior senator, and potential presidential candidate, wanted to know if I, like her, support the legalization and decriminalization of marijuana.

I don't think Gillibrand (or whoever wrote that email) really cares about my views. I do think it's pretty amazing that we've reached a point where a high-profile pol is campaigning on pot legalization. More on that topic below.

Got a tip? A marijuana M&A deal to crow about? A good story involving politicians and pot? Drop me a line at cmiller@alm.com or call me at 916-448-2935. I'm also tweeting @CapitalAccounts.

➤➤ This week we consider John Boehner's new found fondness for marijuana. Plus, the FDA wants your thoughts on cannabis scheduling. And scroll down to see who got the work. Let's get started.

John Boehner's Pot Play

It's not like Pat Robertson suddenly endorsed marijuana. But former House Speaker John Boehner's announcement Wednesday that he is joining Acreage Holdings' advisory board was still worthy of a spit-take. (Bill Weld, the former Republican governor of Massachusetts was named to the board, too, but he's long opposed strict federal anti-marijuana laws so his appointment isn't a shock.)

Boehner in 2011 said he was "unalterably opposed" to marijuana legalization, saying it would "result in increased abuse of all varieties of drugs, including alcohol.” Fast forward seven years and Boehner, a strategic advisor at Squire Patton Boggs, now says, via Twitter, that his views have "evolved."
"I’m convinced de-scheduling the drug is needed so we can do research, help our veterans, and reverse the opioid epidemic ravaging our communities," he wrote.

How big a deal is this?

David Feuerstein, co-founder and partner at Feuerstein Kulick in New York, said that with Acreage Holdings' move "the state-legal cannabis industry just got two powerful allies."

New York City-based Acreage Holdings grows, processes and sells marijuana in 11 regulated states. Acreage founder and CEO Chris Murphy said in a statement that Boehner and Weld "have shaped the political course of our country for decades and now they will help shape the course of this nascent but ascendant industry."

Whether the two Republicans become real public advocates for federal rescheduling or just political figureheads for a growing company remains to be seen. Boehner does have a bus tour scheduled this summer … to campaign for Republicans, he says.

Boehner might run across his old Capitol Hill foe Eric Holder Jr., the former U.S. attorney general who's pushing voter rights initiatives from his perch at Covington & Burling.

The two men didn't share a lot in common—until now.

Holder in 2016, after he left Main Justice, said it's time for a greater dialogue about marijuana decriminalization.

"I certainly think it ought to be rescheduled. You know, we treat marijuana in the same way that we treat heroin now, and that clearly is not appropriate," Holder said. "So at a minimum, I think Congress needs to do that."

Meanwhile, at the FDA...

The U.S. Food and Drug Administration is seeking public comments on marijuana's current classification as a Schedule 1 drug. No, U.S. Attorney General Jeff Sessions has not had a John Boehner-like epiphany on cannabis.

The move follows the World Health Organization's review of its own classification of marijuana. WHO wants to hear from member nations, including the United States. So the FDA has opened up the public comment box for thoughts on the medical use of cannabis and related products.

The 3,269 comments filed by Thursday morning are publicly available and some make for good reading. Check them out here. Anyone interested in submitting their own responses needs to move fast. The comment period closes April 23.