DEA Tells Congress It Has ‘Final Authority’ On Marijuana, Regardless Of Health Agency’s Schedule III Recommendation

The Drug Enforcement Administration (DEA) is telling lawmakers that it reserves “the final authority” to make any scheduling decision on marijuana following an ongoing review, regardless of what the U.S. Department of Health and Human Services (HHS) recommends.

In a letter sent to Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer (D-OR), DEA Acting Chief of the Office of Congressional Affairs Michael Miller gave a general overview of the scheduling review process that was initiated under a directive from President Joe Biden in October 2022.

That started with a scientific assessment from HHS that reportedly advised DEA to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Once HHS made its recommendation in August, “DEA conducts its own review,” the letter, sent last month and first reported by Punchbowl News, says.

“DEA has the final authority to schedule, reschedule, or deschedule a drug under the Controlled Substances Act, after considering the relevant statutory and regulatory criteria and HHS’s scientific and medical evaluation,” it says. “DEA is now conducting its review.”

The agency’s statement came in response to an earlier letter from 31 bipartisan lawmakers, led by Blumenauer, that implored DEA to consider the “merits” of legalization as it carried out its review. That initial letter also criticized the limitations of simply placing cannabis in Schedule III, as opposed to fully removing the plant from CSA control.

“While Congress works to send the President comprehensive cannabis legislation, the urgency of full descheduling should inform DEA’s position on overall cannabis reform and appropriate enforcement centered on advancing public safety, not unjust criminalization,” the lawmakers’ letter said. “Marijuana’s continued inappropriate scheduling is both arcane and out-of-touch with the will of the American people.”

In that context, DEA’s response offered little insight, with the agency declining to address the lawmakers’ key arguments and instead simply outlining the procedural details of the scheduling review.

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DEA Calls For Even More THC, Psilocybin And DMT To Be Produced For Research In 2024

The Drug Enforcement Administration (DEA) is now calling for the production of even more THC, psilocybin and DMT for research purposes than it initially proposed for 2024—raising its quotas for those drugs while maintaining already high production goals for marijuana and other psychedelics.

In a notice set to be published in the Federal Register on Wednesday, DEA said it received comments from registered manufacturers requesting increases to previously proposed 2024 quotas for the Schedule I substances in order to “meet medical and scientific needs,” and it agreed to do so in the new final order.

Accordingly, the agency nearly doubled the quotas for delta-9 THC and all other tetrahydrocannabinol, increasing them to 1,523,040 grams and 1,166,130 grams, respectively.

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UFC Formally Removes Marijuana From Banned Substances List For Professional Fighters

The Ultimate Fighting Championship (UFC) announced on Thursday that it is formally removing marijuana from its newly modified banned substances list for athletes, building on an earlier reform.

While UFC says it is modeling its list of prohibited drugs after the World Anti-Doping Agency (WADA)—which has controversially maintained cannabis as a banned substance—it is making amendments “based on historical findings (i.e. marijuana removed from the prohibited list).”

Professional fighters have already been largely protected from being penalized over testing positive for THC under a policy change that UFC adopted in 2021, but now it is removing cannabis as a banned drug altogether.

“UFC’s goal for the Anti-Doping Policy is to be the best, most effective, and most progressive anti-doping program in all of professional sports,” UFC Chief Business Officer Hunter Campbell said in a press release on Thursday.

“UFC is proud of the advancements we have made with our anti-doping program over the past eight years, and we will continue to maintain an independently administered drug-testing program that ensures all UFC athletes are competing under fair and equal circumstances,” he said. “With this new iteration of the program, UFC has once again raised the bar for health and safety in combat sports.”

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Scientists Published More Than 32,000 Marijuana Studies Over The Past 10 Years, Including Thousands In 2023, NORML Analysis Shows

Researchers have published more than 32,000 scientific papers on marijuana over the past 10 years—including over 4,000 in 2023 alone—according to an analysis from NORML that again calls into question critics’ claims that cannabis is insufficiently studied to be legalized.

The advocacy organization’s analysis is based on keyword searches on the federal National Library of Medicine website PubMed.gov. This year marked the third in the row that cannabis-related papers totaled over 4,000 as researchers continue to explore risks and benefits amid the legalization movement.

“Despite claims by some that marijuana has yet to be subject to adequate scientific scrutiny, scientists’ interest in studying cannabis has increased exponentially in recent years, as has our understanding of the plant, its active constituents, their mechanisms of action, and their effects on both the user and upon society,” NORML Deputy Director Paul Armentano said in a blog post.

“It is time for politicians and others to stop assessing cannabis through the lens of ‘what we don’t know’ and instead start engaging in evidence-based discussions about marijuana and marijuana reform policies that are indicative of all that we do know,” he said.

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Sports Medicine Doctors Have ‘Favorable’ Attitudes Toward CBD And Marijuana, Study Finds

Sports medicine providers “generally have favorable views toward CBD and cannabis,” and most believe marijuana should be removed from the World Anti-Doping Agency’s (WADA) list of prohibited substances, according to a new survey of 333 doctors published this month.

The study also found that most sports medicine physicians who participated support legalizing marijuana for recreational and medical use.

That said, there are still “varying views” about cannabis within the field, authors found, and those “appear to be significantly affected by age, practice type, and gender.”

Among demographic groups less likely to favor allowing marijuana for recreational use were women, older doctors and rural respondents, according to the survey, results of which appear in the journal Translational Sports Medicine.

“Similarly, these three factors were associated with a higher likelihood of disagreeing with WADA removing cannabis from the prohibited substance list and with the NCAA allowing CBD use by collegiate athletes,” it says.

Men and younger physicians, meanwhile, were less likely to identify marijuana as “performance-enhancing.”

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Biden Expands Marijuana Pardons With New Proclamation Covering Offenses On Federal Properties

President Joe Biden on Friday issued a proclamation expanding a marijuana pardon initiative he began last year by including for the first time people who committed cannabis possession offenses on federal properties.

“Criminal records for marijuana use and possession have imposed needless barriers to employment, housing, and educational opportunities,” Biden said in a statement. “Too many lives have been upended because of our failed approach to marijuana. It’s time that we right these wrongs.”

“Just as no one should be in a federal prison solely due to the use or possession of marijuana, no one should be in a local jail or state prison for that reason, either,” the president continued. “That’s why I continue to urge governors to do the same with regard to state offenses and applaud those who have since taken action.”

The expanded pardon proclamation comes as the Drug Enforcement Administration (DEA) is considering a recommendation from the Department of Health and Human Services to reschedule cannabis to Schedule III that stemmed from a review that Biden initiated last year in conjunction with his initial marijuana clemency move.

While advocates have welcomed the president’s actions on marijuana, they have critically pointed out that his cannabis-focused pardons have not released anyone from prison and exclude large groups of people, including immigrants and those with convictions for selling marijuana.

Friday’s expanded proclamation notes that it, like its predecessor, “does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense” and does not cover “possession of marijuana with intent to distribute or driving offenses committed while under the influence of marijuana.”

Its scope covers federal and Washington, D.C. offenses for “simple possession of marijuana, attempted simple possession of marijuana, or use of marijuana, regardless of whether they have been charged with or prosecuted for these offenses on or before the date of this proclamation,” meaning that it will cover people who committed cannabis possession crimes subsequent to Biden’s initial October 2022 pardon.

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Carnival Cruise Lines Denies That Anti-Marijuana Enforcement Measures Are Meant To Boost Alcohol Sales On Ships

Passenger cruise lines like Carnival and Royal Caribbean have policies against marijuana, noting that the substance is illegal in many ports it sails to and that they’re following federal law. But as more people return to the ships, and as more of them come from states where the drug is legal, operators are reportedly taking more extreme measures to detect cannabis and cracking down on people who attempt to use it—including those who simply pack CBD products, which are legal across the U.S.

As the Wall Street Journal reported in a story on the trend this week, Carnival Cruise Lines not only sends pre-cruise messages reminding passengers not to bring marijuana, but also now employs drug-sniffing dogs.

Companies say they’re focused on legal compliance and providing a comfortable experience for non-users, but the article notes that cruise operators may have an ulterior motive to discourage marijuana use.

“Besides limiting potential legal liability, cruise lines could benefit financially by prohibiting cannabis on board,” the paper reported. “Alcohol is a major revenue-generator for ships, and cruises also limit how much booze passengers bring on board.”

It talked to a Florida-based personal-injury attorney who said he’s “convinced that the decision to take such a hard line on marijuana or CBD is because they’re trying to drive alcohol sales.”

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Colorado Governor Says Marijuana Prohibition Created A ‘Chicken And The Egg’ Research Dilemma That’s Blocked Federal Reform

The governor of Colorado says that while marijuana reform is “not really a partisan issue” anymore, there are still “stodgy nanny state Republicans who want to control it.” Meanwhile, he says, ongoing prohibition has inhibited research into the science of cannabis that’s kept it strictly criminalized at the federal level.

Gov. Jared Polis (D) is hoping that will change sooner rather than later. He and the governors of five other states sent a letter to President Joe Biden this week, urging officials to reschedule marijuana under the Controlled Substances Act (CSA) by the end of the year.

In an interview that aired on Fox News Radio’s “The Guy Benson Show” on Thursday, Polis said he would’ve liked to see a federal policy change five or 10 years ago as states such as Colorado enacted adult-use legalization, but he theorized that prohibition itself created a “chicken and the egg” situation that has effectively stymied reform by making it harder to conduct research on the effects of cannabis, a stalemate that has been reinforced by congressional politics.

The administrative marijuana scheduling review that Biden directed last year could help break that policy logjam, he said. The U.S. Department of Health and Human Services (HHS) has already determined that cannabis should be moved from Schedule I t0 Schedule III, and now it’s up to the Drug Enforcement Administration (DEA) to make a final determination.

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