Medical Marijuana

The DEA Says It's Finally Moving Forward on Research Cannabis Applications

The agency takes one small, mostly symbolic step for kind bud.

|

The Drug Enforcement Administration (DEA) announced today that it will "facilitate and expand scientific and medical research for marijuana in the United States" by publishing "notice of pending applications from entities applying to be registered to manufacture marijuana for researchers."

It's a step in the right direction, albeit a mostly symbolic one. 

The DEA usually publishes notice of applications to manufacture controlled substances within weeks of receiving them. But two dozen of the applicants revealed today in the Federal Register applied for a license to grow research cannabis more than two years ago. They've been on hold ever since. They'll probably be on hold a little longer.

"I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research," Attorney General William Barr said in a statement. "The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can."  

The DEA first announced it would license additional cannabis growers here in the U.S. in August 2016. At the time, cannabis advocates interpreted the notice as an acknowledgment that America's sole legal grower of cannabis—the University of Mississippi, which has a DEA license and a contract with the National Institute on Drug Abuse—was incapable of serving the needs of researchers and drug developers. 

That hope was misplaced. Under Attorney General Jeff Sessions, the Justice Department brought the process to a halt. Sessions told Congress that it was not clear additional research cannabis was necessary, and that approving new manufacturers might violate the United Nations' Single Convention on Narcotic Drugs. This was pure stonewalling. There is nothing in the U.N. treaty that prohibits licensing additional cannabis growers, and it has been clear for years now that Mississippi's monopoly on legal cannabis production has stymied medical research. 

In June, one of the applicants sued the DEA and the Justice Department, seeking a "writ of mandamus" from a federal court that would compel action on the applications. The Scottsdale Research Institute, a Phoenix-based clinical trial company that applied in 2016 for a DEA manufacturing license in order to grow its own cannabis for an ongoing study of medical marijuana as a treatment for veterans suffering from PTSD, argued in its suit that federal law requires "that the Attorney General, upon receiving an application to manufacture a Schedule I substance for use only in a clinical trial, publish a notice of application not later than 90 days after accepting the application for filing." 

In July, the U.S. Court of Appeals for the District of Columbia Circuit ordered the Drug Enforcement Administration to explain why it has yet to respond to nearly two dozen researchers around the U.S. who applied three years ago for a license to grow research cannabis. 

The court gave the DEA a deadline of August 28. Today's announcement is the first time since 2016 that the agency has beat a deadline. (Sessions blew several of the deadlines Congress set for the Justice Department on this very issue.) 

Applicants are not out of the woods yet. There are now 33 entities requesting a federal license to manufacture research cannabis, and the DEA will almost certainly not approve all of them. The agency also plans to modify and reissue the notice that was sent out by President Barack Obama's Justice Department in 2016: "Prior to making decisions on these pending applications, DEA intends to promulgate regulations that govern the program of growing marihuana for scientific and medical research under DEA registration." The Federal Register notice published today says the DEA will propose those new regulations "in the near future."

The DEA is also allowing any applicant who wants a license to grow hemp—which is no longer a controlled substance, thanks to the Agriculture Improvement Act of 2018—to withdraw their application and have the application fees returned. Applicants wishing to receive a refund of their fees must notify the DEA in writing by November 1, 2019. 

Advertisement

NEXT: The Revolving Door Between Government and Cable News

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. Another example of one of the worst flaws in the US Constitution: There is no built-in accountability for government breaking laws or violating the Constitution. Sessions blew several deadlines? Citizens should have been able to sue, with real accountability (ie fines and/or jail time) if found guilty, regardless of whether Congress establish any penalties.

    1. Sessions told Congress that it was not clear additional research [on] cannabis was necessary

      Opinion or perjury? You decide.

  2. Isn’t this all silly now? People will find out all they need to about the clinical effects of marihuana via the various state-legal marijuana sales.

    1. There is a lot of bureaucracy and regulation surrounding clinical research and grants. Usually breaking federal laws is considered a no-no by those types. So it’s important to get a federally approved supply chain in place regardless of what individual state laws say.

      1. But how much practical advancement in clinical knowledge is expected from formal prospective trials on small numbers of subjects, when soon it’ll be possible to do retrospective studies on vast numbers consuming cannabis legally, no longer having to hide their history of using it?

  3. The cat is out of the bag at this point. MJ will be legalized and most people don’t even really give a shit whether or not its healthy or unhealthy for you. The public already decided its on par with alcohol – no one gives a shit what the federal government thinks about it beyond “what level of violence will the government unjustly inflict on me for using this medicine?” and “have they legalized it yet?”

  4. America wouldn’t need a DEA if drugs were legal.
    Oh, wait.
    The drug wars employ a lot of government employees and waste billions of taxpayers money while simultaneously incarcerating people for minor offenses.
    Yup.
    There’s a lot of money to be redistributed in the nanny state we live in.

  5. The DEA needs to unschedule cannabis. It should be off the list altogether. Nobody in actual medicine cares much about it.

Please to post comments