Key Takeaways:
- The US government is taking steps to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) to recognize its medical uses.
- The Department of Health and Human Services (HHS) has recommended rescheduling marijuana based on its accepted medical use and potential for moderate or low physical dependence.
- The government aims to improve research infrastructure for medical marijuana to better serve Americans, particularly those with chronic pain and other medically recognized ailments.
- Hemp-derived cannabinoid products, including CBD, have shown potential to improve patient symptoms, but the current legal landscape lacks adequate guidance and product safeguards.
- The administration plans to update the statutory definition of final hemp-derived cannabinoid products to allow access to full-spectrum CBD products while preserving restrictions on products that pose health risks.
Introduction to Medical Marijuana Rescheduling
The President of the United States has issued an executive order to recognize the medical use of marijuana and improve access to cannabidiol (CBD) products. The order aims to address the long delay in recognizing the medical use of marijuana, which has limited research and left American patients and doctors without adequate guidance on its use. The Food and Drug Administration (FDA) has found scientific support for the use of marijuana to treat anorexia, nausea and vomiting, and pain, and 40 states plus the District of Columbia have state- or locally-sanctioned, regulated medical marijuana programs.
The Current State of Medical Marijuana Research
Marijuana is currently controlled under Schedule I of the CSA, which defines it as a drug with no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use under medical supervision. However, the HHS has recommended rescheduling marijuana to Schedule III, which classifies it as having a potential for abuse less than Schedule I and II drugs, a currently accepted medical use, and a potential for moderate or low physical dependence. The recommendation is based on findings that over 30,000 licensed healthcare practitioners are authorized to recommend medical marijuana for over 6 million registered patients to treat at least 15 medical conditions.
The Impact of Medical Marijuana on Patients
The Federal Government’s delay in recognizing the medical use of marijuana has not served Americans who report health benefits from its use to ease chronic pain and other medically recognized ailments. For example, 20 percent of participating US veterans reported using fewer opioids as a result of their medical marijuana use, and one in 10 seniors used marijuana in the last year, with some evidence showing improvements in health-related quality of life and pain. However, the current Schedule I position of marijuana has impeded research, leaving patients and doctors without adequate guidance on appropriate prescribing and utilization.
Hemp-Derived Cannabinoid Products
In addition to medical marijuana, hemp-derived cannabinoid products, including CBD, have shown potential to improve patient symptoms for common ailments and are frequently used by Americans. One in 5 US adults and nearly 15 percent of seniors reported using CBD in the past year, and chronic pain patients have reported improvements with CBD use in clinical studies. However, the current legal landscape leaves American patients and doctors without adequate guidance or product safeguards for CBD, with some commercially available CBD products found to be inaccurately labeled, posing safety risks for consumers.
The Administration’s Plan
The administration plans to increase medical marijuana and CBD research to better inform patients and doctors. The Attorney General shall take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III of the CSA, and the Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs shall work with Congress to update the statutory definition of final hemp-derived cannabinoid products. The Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare and Medicaid Services, and the Director of the National Institutes of Health shall develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products.
Implementation and General Provisions
The executive order shall be implemented consistent with applicable law and subject to the availability of appropriations. The order does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The costs for publication of the order shall be borne by the Department of Health and Human Services. The order is a significant step towards recognizing the medical use of marijuana and improving access to CBD products, and its implementation is expected to have a positive impact on American patients and doctors.