A key GOP-led House committee is asking for a review of the cannabis rescheduling recommendation issued under the Biden administration, expressing concerns about “deviations” from a prior review process as well as the “mental health hazards of regular use of high-potency marijuana.”
In a report attached to a large-scale spending bill for the 2026 fiscal year, the House Appropriations Committee included several sections focused on marijuana and hemp—while also encouraging further research into the therapeutic potential of psychedelics. The panel is set to vote on the bill and report language on Wednesday.
For cannabis advocates and stakeholders, however, the report’s marijuana scheduling language is troubling, with members stating that they’re “concerned about deviations from established drug scheduling evaluation standards in the [Food and Drug Administration, or FDA] 2023 marijuana scheduling review.”
Under former President Joe Biden, the U.S. Department of Health and Human Services (HHS) recommended to the Drug Enforcement Administration (DEA) that cannabis be moved from Schedule I to Schedule III of the Controlled Substances Act (CSA). That process has since stalled out amid legal challenges from witnesses in DEA administrative hearing proceedings.
“The Committee directs the HHS Inspector General to complete a report on the 2023 marijuana scheduling review including but not limited to: deviations from the established five-factor currently accepted medical use test, justification for a new, two-factor currently accepted medical use test and whether this will be the standard for all future reviews, use of a limited number of hand-selected comparator substances, and inclusion of research results that are not statistically significant or inconclusive,” the report section says.
The flagged issues largely echo concerns raised by prohibitionist organizations such as Smart Approaches to Marijuana (SAM). And the language is consistent with an earlier version of the agriculture spending legislation that advanced though committee but was not ultimately enacted last session.
“The Committee is concerned about reports of the mental health hazards of regular use of high-potency marijuana, particularly among adolescents,” it says. “The Committee encourages the FDA to support research on high-potency marijuana and its effects on the adolescent brain, specifically regarding addiction and mental illness such as schizophrenia or psychosis.”
“Marijuana Rescheduling.—The Committee is concerned about deviations from established drug scheduling evaluation standards in the FDA 2023 marijuana scheduling review. The Committee directs the HHS Inspector General to complete a report on the 2023 marijuana scheduling review including but not limited to: deviations from the established five-factor currently accepted medical use test, justification for a new, two-factor currently accepted medical use test and whether this will be the standard for all future reviews, use of a limited number of hand-selected comparator substances, and inclusion of research results that are not statistically significant or inconclusive. The Committee is concerned about reports of the mental health hazards of regular use of high-potency marijuana, particularly among adolescents. The Committee encourages the FDA to support research on high-potency marijuana and its effects on the adolescent brain, specifically regarding addiction and mental illness such as schizophrenia or psychosis.”
Elsewhere in the report, the panel also talked about their problem with “the proliferation of products marketed in violation of the [Federal Food, Drug, and Cosmetic Act (FFDCA)], including products containing derivatives of the cannabis plant,” which is consistent with provisions of the underlying bill that would ban all hemp items containing “quantifiable” amounts of THC.
“The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer,” the report says. “Such products may also be contaminated with harmful substances.”
“The Committee recognizes FDA’s use of existing authorities to undertake cannabis-related efforts, including research, requests for data, consumer education, issuance of guidance and policy around cannabis-based drug product development, and enforcement against wrongdoers,” it continues. “The Committee expects FDA to continue and increase these efforts given the proliferation of non-FFDCA-compliant, cannabis-containing products and the risks they pose to public health.”
“Cannabidiol Oil Enforcement.—The Committee is concerned about the proliferation of products marketed in violation of the FFDCA, including products containing derivatives of the cannabis plant. The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer. Such products may also be contaminated with harmful substances. The Committee recognizes FDA’s use of existing authorities to undertake cannabis-related efforts, including research, requests for data, consumer education, issuance of guidance and policy around cannabis-based drug product development, and enforcement against wrongdoers. The Committee expects FDA to continue and increase these efforts given the proliferation of non-FFDCA-compliant, cannabis-containing products and the risks they pose to public health. The Committee also expects FDA to take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes, which ensures that products, including cannabis-containing products, marketed as drugs have undergone a rigorous scientific evaluation to ensure that they are safe, pure, potent, and effective for the diseases and conditions they claim to treat. It is also imperative that FDA continue to exercise its existing authorities to preserve incentives to invest in robust clinical study of cannabis so its therapeutic value can be better understood.”
The report further states that members expect FDA to “take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes, which ensures that products, including cannabis-containing products, marketed as drugs have undergone a rigorous scientific evaluation to ensure that they are safe, pure, potent, and effective for the diseases and conditions they claim to treat.”
“It is also imperative that FDA continue to exercise its existing authorities to preserve incentives to invest in robust clinical study of cannabis so its therapeutic value can be better understood,” the committee said.
The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies advanced the underlying bill last week, stirring controversy over provisions to prohibit cannabis products containing any “quantifiable” amount of THC or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals” as THC.
Hellbound and Down 