ASAM Submits Comments on DEA's Proposed Rescheduling of Marijuana

Today, ASAM provided comments to the Drug Enforcement Administration (DEA) on a proposed rule that if finalized, would move marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III. This proposed transfer is based on a determination by the US Department of Health and Human Services (HHS) that marijuana has a currently accepted medical use (CAMU) and lower “abuse potential and level of physical and psychological dependence” than other controlled substances that are in schedule I.

While such a “wholesale” transfer may result in beneficial impacts to scientific research and/or pharmaceutical development, ASAM recommended that the DEA consider the possible failure of marijuana with higher tetrahydrocannabinol (THC) concentrations to meet HHS’ new, alternative test for CAMU. ASAM also noted that significant, negative public health ramifications are likely to result if Internal Revenue Service (IRS) Code Section 280E no longer applies, and thus marijuana companies/dispensaries were allowed to take advantage of various federal tax deductions and credits due to a transfer of marijuana to Schedule III.

For these reasons, ASAM could support a final rule that transfers only marijuana with lower THC concentrations to Schedule III, so long as any such final rule clearly states that (1) the Food, Drug, and Cosmetic Act (FDCA) will continue to apply, and (2) Schedule III requirements/controls will be enforced for those who take advantage of federal tax benefits due to 280E no longer being applicable after such a rescheduling. Higher potency marijuana, however, would remain in schedule I in the absence of Congressional action.

Read the letter here.