A federal review of cannabis research has determined that marijuana is eligible for less strict classification under federal drug laws, according to documents released last week by the U.S. Department of Health and Human Services (HHS). In the review, researchers with the U.S. Food and Drug Administration determined that credible evidence shows that marijuana has legitimate medical uses and fits the criteria for rescheduling under the Controlled Substances Act.
In 2022, President Joseph Biden directed his administration to review the federal prohibition of cannabis. In August, HHS Assistant Secretary for Health Rachel Levine called on the DEA to change the classification of marijuana from Schedule I to Schedule III of the Controlled Substances Act. Under the 1970 legislation, the Schedule I classification indicates that a drug has no accepted medical value and a high propensity for abuse. Other drugs currently listed under Schedule I include heroin and LSD.
An FDA review has found that marijuana meets the criteria for a less restrictive classification … [+]
On Friday, HHS released a 252-page review that explains the rationale for rescheduling marijuana under Schedule III of the CSA, a classification intended for “drugs with a moderate to low potential for physical and psychological dependence” such as Tylenol with codeine or ketamine. In the review, FDA researchers wrote that “there exists some credible scientific support for the medical use of marijuana in at least one of the indications for which there is widespread current experience in the United States.”
The FDA findings “reflect HHS’ evaluation of the scientific and medical evidence and its scheduling recommendation” to the Department of Justice, the health agency wrote in a statement on Friday, according to a report from CNN.
The FDA review determined that marijuana meets three criteria that support reclassification under Schedule III, noting that cannabis has a lower potential for abuse than other drugs in Schedule I and II, a medical use currently accepted in the United States and a low or moderate risk of physical dependence among people who use the drug. The National Institute on Drug Abuse agreed with the rescheduling recommendation.
The FDA review found that despite the “high prevalence of nonmedical use” of marijuana, the drug does not result in the significant negative outcomes of other controlled substances including cocaine, heroin and opioids.
“This is especially notable given the availability” of products that contain very high levels of THC (Delta 9 tetrahydrocannabinol), the compound in cannabis that is largely responsible for its psychotropic effects.
The review also found that there is “some credible level of scientific support for some of the therapeutic uses for which marijuana is being used in clinical practice in the United States,” such as nausea, chronic pain and anorexia. However, the researchers stressed that the review and its recommendations “are not meant to imply that safety and effectiveness have been established for marijuana” that would support approving the drug to treat any medical condition.
The researchers also noted that while regular, heavy users of marijuana are subject to experiencing withdrawal, the issue is not prevalent among occasional users of the drug.
“The marijuana withdrawal syndrome appears to be relatively mild compared to the withdrawal syndrome associated with alcohol, which can include more serious symptoms such as agitation, paranoia, seizures and even death,” the FDA wrote.
Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said the recommendation to reschedule cannabis reflects the views of much of the public.
“It is significant for these health agencies to acknowledge publicly, for the first time, what many patients and advocates have known for decades: that cannabis is a safe and effective therapeutic agent for tens of millions of Americans,” Armentano said in a statement from the cannabis policy reform advocacy group.
The recommendation to reclassify marijuana must be approved by the Drug Enforcement Administration.
The recommendation to reschedule cannabis must be approved by the U.S. Drug Enforcement Administration for it to become effective. In September, a report from the Congressional Research Service determined that the DEA is “likely” to approve the recommendation to reclassify marijuana under Schedule III of the CSA. If that happens, the move would likely have wide-reaching effects on the regulated cannabis industry in the states that have legalized marijuana, according to Brady Cobb, a Washington, D.C. lobbyist and the CEO of Sunburn Cannabis.
“The move to Schedule III, if adopted by the DEA, will have sweeping impacts on U.S. cannabis policy and the U.S. cannabis marketplace,” Cobb writes in an email. “From tax reform, to criminal justice reform, to accessibility to interstate commerce, this move would mark the true start of our legalization moment.”
Reclassifying marijuana to Schedule III would reduce the restrictions on researching cannabis that have hindered the study of the effects and potential risks of marijuana. The change would also ease constraints on banking services for the cannabis industry and mean that an IRS rule that denies tax deductions for most pot businesses would no longer apply.
But many cannabis advocates would like to see marijuana descheduled, which would remove the drug from the CSA altogether. Under that scenario, the states could continue to regulate cannabis as they see fit without interference from the federal government.
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