NORML Formally Responds to Proposed Changes to DEA's Marijuana Cultivation Rules

Thursday, 16 April 2020

Washington, DC: NORML has formally submitted comments to the US Federal Register opposing the Drug Enforcement Administration's proposed rule changes governing the federal production and distribution of cannabis for clinical research purposes.

Under existing regulations, the agency only licenses one facility — the University of Mississippi — to cultivate cannabis for use in FDA-approved clinical trials. Researchers have consistently criticized the poor quality of these plants, which they say fail to accurately reflect the varieties of marijuana commercially available in the United States. As a result, the DEA has been encouraged for over a decade to expand the pool of federally licensed cannabis producers — a move that the agency has largely resisted.

In 2016, the agency appeared to reconsider its longstanding policy, and publicly stated for the first time that it would consider additional applicants. To date, however, the DEA has failed to either affirm or reject any of the more than 30 applications it has received. Under the proposed rules issued by the DEA on March 23, the agency continues to maintain sole discretion to decide which applicants, if any, will be permitted to grow cannabis for research purposes, and it provides no timeline under which the DEA must act on the numerous applications already before it.

In its response to the DEA's proposed changes, NORML writes: "While NORML has long supported facilitating and expanding domestic clinical research efforts, we do not believe that these proposed rules, if enacted, will achieve this outcome. Rather, we believe that the adoption of these rules may further stonewall efforts to advance our scientific understanding of cannabis by unduly expanding the DEA's authority and control over decisions that ought to be left up to health experts and scientists."

Specifically, the newly proposed rules expand the DEA's authority by declaring it to be the only entity legally permitted to purchase, warehouse, and dispense any cannabis grown under a federal license.

NORML's response concludes: "Rather than compelling scientists to access marijuana products of questionable quality manufactured by a limited number of federally licensed producers, NORML believes that federal regulators should allow investigators to access the cannabis that is currently being produced by the multitude of state-sanctioned growers and retailers throughout the country. ... Doing so would not only facilitate and expedite clinical cannabis research in the United States, but it would also bring about a long overdue end to decades of DEA stonewalling and interference with respect to the advancement of our scientific understanding of the cannabis plant."

For more information, contact Paul Armentano, NORML Deputy Director. An abbreviated version of NORML's comments appears online.