DEA CANNABIS RESCHEDULING

PUBLIC COMMENT VIEWER

Here is a random public comment on the rescheduling of cannabis to Schedule III from Arthur H. Swers.
I am providing comments in support of the reclassification of botanical cannabis (Docket No. DEA–1362). The Department of Health and Human Services appropriately concluded that cannabis “has a currently accepted medical use” and that its abuse potential does not warrant its placement as either a Schedule I or Schedule II controlled substance. HHS reached this determination because there exists a widespread understanding in the medical community that cannabis has a legitimate use in the treatment of specific conditions, including pain, and that it can be administered comparatively safely under medical supervision. Thirty-eight states regulate the production and sale of botanical cannabis and related products to eligible patients. An estimated six million patients currently participate in these programs, as do some 30,000 healthcare practitioners. Many of these state access programs have been operating for several decades. No state has ever repealed patients’ access to plant-derived medical cannabis products. This is clear evidence that medical cannabis can be regulated safely and effectively, and that its public health benefits far outweigh any costs. Nationwide, 69 percent of practicing clinicians believe that cannabis has medical utility, and more than one-quarter acknowledge having recommended cannabis to their patients, according to 2022 survey data compiled by the US Centers for Disease Control and Prevention. In addition, several medical societies and associations, such as the American Nurses Association and the American Public Health Association, are on record urging the federal government to “move expeditiously to make cannabis available as a legal medicine.” Cannabis possesses a superior safety profile as compared to many other controlled substances and it clearly does not meet the strict requirements of either a Schedule I or a Schedule II controlled substance. Specifically, HHS determined, “The risks to the public health posed by marijuana are low compared to other drugs of abuse,” such as benzodiazepines — a Schedule IV drug, or alcohol, which is unscheduled. HHS concluded, “No safety concerns were identified in our review that would indicate that the medical use of marijuana poses unacceptably high safety risks for the indications where there is some credible scientific evidence supporting its therapeutic use.” In conclusion, cannabis clearly does not meet the necessary criteria of either a Schedule I or Schedule II controlled substance. While I believe cannabis should be removed from the CSA altogether – thereby harmonizing federal cannabis policy with those of most US states – I nonetheless do not oppose the factual basis underlying HHS’ recommendation to move botanical cannabis to Schedule III or lower. It would be arbitrary and capricious for the DEA to reject HHS’s findings of fact and to maintain existing prohibitions
Over 42,000 public comments were submitted. Public commenters, thank you for your courage!