Marijuana has been categorized as a Schedule I substance – that is, a drug with no accepted medical use and a high potential for abuse – in the U.S. since 1970.
Is it possible that this could change? A U.S. Food and Drug Administration official hinted this week that the agency plans to look into marijuana scheduling.
According to a report in Marijuana Moment regarding a webinar held Thursday by Council for Federal Cannabis Regulation, the official said the FDA is exploring “what flexibilities we might have” when it comes to the federal marijuana scheduling review directed by President Joe Biden.
However, they clarified that the FDA would only be responsible for scientific and medical evaluations of cannabis. Marijuana refers to dried leaves, flowers, stems, and seeds from Cannabis sativa, which contains delta-9-tetrahydrocannabinol (THC) – a mind-altering compound – according to the National Institute on Drug Abuse (NIDA).
Currently, it is in the same schedule as heroin, LSD, ecstasy and peyote. Drugs with a slightly less restrictive schedule include cocaine, methamphetamine and fentanyl.
Ultimately, the U.S. Drug Enforcement Administration has the final say on drug scheduling. Under the current DEA regulations, it is difficult to study marijuana, said Janet Woodcock, FDA’s principal deputy commissioner.
Woodcock and FDA Senior Science Advisor Patrick Cournoyer, who also participated in Thursday’s webinar, serve as the chair and lead of FDA’s Cannabis Product Committee, said Marijuana Moment. They also explained frustrations about products such as hemp and CBD during the webinar. Hemp was legalized under the 2018 Farm Bill but directions about advertising remain unclear, they said.
Despite its federal status as a Schedule I drug, medical use cannabis is regulated in 37 states and 19 states have made non-medical cannabis use legal, per the National Conference of State Legislatures.
In 2020, John Hudak of the Brookings Institution updated his book exploring “the explicitly racist roots of cannabis policy” in the U.S. This year, a new study also found evidence against the popular “lazy stoner” myth about cannabis users that research indicates has racist origins as well.
Woodcock did not provide a timeline for the FDA review of marijuana.
“We are working diligently on looking at the scheduling of marijuana under the Controlled Substance Act and what flexibilities we might have here,” she said, according to Marijuana Moment. “That is a very high priority that the secretary [Xavier Becerra] of the [U.S. Department of Health and Human Services] is very interested in. We’re working closely with our partners at NIDA and also at the assistant secretary for [HHS].”
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