New Federal Law Opens Access to Marijuana for Medical Research

The Medical Marijuana and Cannabidiol Research Expansion Act was recently enacted as Pub. L. No. 117-215.  Because of the classification of cannabis as a Schedule I drug (see 21 U.S.C. 812), scientists and growers supplying cannabis for research must obtain permits from the Drug Enforcement Administration (DEA).  Such permits have been taking over a year to obtain, but the new law specifies that within 60 days the DEA must approve a permit application, request more information, or provide reasons for denying a permit.  Other provisions of the new law require the attorney general to submit an annual report to Congress assessing whether there is an adequate and uninterrupted supply of DEA-controlled marijuana for research; allow physicians to discuss potential harms and benefits of marijuana and its derivatives with patients; and require the Department of Health and Human Services to report on the therapeutic potential of marijuana for various conditions.  Researchers continue to advocate for more federal action to mainstream marijuana.  Dr. Igor Grant, Director of the UC San Diego Center for Medicinal Cannabis Research, says marijuana’s Schedule I classification suggests marijuana is “uniquely harmful and medically unproven,” even though the Food and Drug Administration has approved several cannabis-based therapies, and the classification “remains a substantial obstacle, barrier, and burden to medical research.”