The US Drug Enforcement Administration is currently accepting comments from the public on whether to reclassify cannabis. The agency is accepting comments until July 22, 2024 via the Federal eRulemaking Portal.
This is a unique opportunity for patients, physicians, and others to provide first-hand insight to administrators affirming the safety and efficacy of cannabis. The US Department of Health and Services based its recommendation on real-world clinical evidence. Your submissions will help to reaffirm their conclusions 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.
Our political opponents are encouraging their members to weigh in with negative comments urging administrators to keep cannabis in Schedule I. We must push back against their scare tactics and sensational claims.
We must do so with one voice and by providing a clear and concise message: That cannabis has legitimate medical utility and that it doesn’t possess the same potential for abuse as substances in either Schedule I or Schedule II. While NORML strongly believes that cannabis should be removed from the CSA altogether – thereby harmonizing federal cannabis policy with those of most US states – we nonetheless do not oppose the factual basis underlying HHS’ recommendation to move botanical cannabis to Schedule III or lower.
This is a historic opportunity to influence the most significant change in federal law in over five decades. Please personalize NORML’s sample letter provided below and share your opinion with the DEA.
INSTRUCTIONS
- Open the Schedules of Controlled Substances: Rescheduling of Marijuana public comment submission page.
- Copy the sample public comment below and paste it into the Comment section.
- Personalize the sample comment to tell your story. For example, if you are a patient who has been able to reduce your use of opioids with medical cannabis, please share your experience. If you reside in a state where medical cannabis is legal and you have witnessed the positive health and economic impacts of this policy change, please elaborate. If you are a physician and you have seen your patients respond favorably to cannabis therapy, now is the time to share your expert opinion. If you operate a state-licensed cannabis business, and you have been struggling to make ends meet because of 280E requirements, explain how this change will benefit you economically.
- Enter your email address (optional).
- Select Individual or Anonymous (required).
- Submit comment.
Additional step-by-step directions on how to submit public comments are available from the Coalition for Cannabis Scheduling Reform.
SAMPLE PUBLIC COMMENT
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 of the cannabis plant.