Federal Report Suggests Marijuana Ban Limits Our Understanding of Cannabis

A new federal report explains what most scientists and cannabis researchers already knew. What is this breakthrough? It’s that federal laws prohibiting marijuana prevent the government and researchers from fully understanding the medicinal and therapeutic benefits of the cannabis plant. While this may not come as a surprise to the readers of our website, the report from the U.S. Department of Health and Human Services helps to legitimize the need for extensive cannabis research and an end to marijuana prohibition.

The new report, required under the Medical Marijuana and Cannabinoid Research Expansion Act signed by President Joe Biden, was due in December 2022. However, lawmakers only got their hands on it in June. The timing is interesting, considering the Justice Department recently ended the public comment period for its proposal to reclassify marijuana as a Schedule III substance, down from a Schedule I controlled drug.

Report Details the Challenges in Studying Medicinal Marijuana

The report from the U.S. Department of Health and Human Services notes that federal laws prohibiting marijuana “hinder our ability to fully understand” the medicinal and therapeutic benefits of cannabis. It suggests that researchers should be able to access and study the plant from state-legal dispensaries—something federal laws currently prevent. Instead, those studying cannabis obtain marijuana from a handful of federally approved distributors, often costing researchers exorbitant amounts of money.  The Drug Enforcement Administration, the agency in charge of approving sources of cannabis for study, has never approved any state-licensed retailers.

Excerpts from the document indicate that current policies deter scientists from pursuing research involving Schedule I drugs. It also says, “Even experienced researchers have reported that requirements for obtaining a new Schedule I registration, adding new substances to an existing registration, and getting approval for research protocol changes are time-consuming.”

Recently, the DEA has moved to approve additional federal suppliers of research-grade cannabis. However, it is still unclear how many new growers are being utilized by the agency or whether their products accurately reflect what consumers can purchase from legalized state-licensed retailers. That’s a problem for researchers. The report highlights the issue by noting, “Researchers must rely on study participants’ self-reported use and/or photos of dispensary products, with testing and labeling requirements that are not consistent across jurisdictions. Due to this variability—and because researchers cannot test these products—it is challenging to determine exactly what is in the products consumers are using and what characteristics of them are responsible for any reported therapeutic or adverse effects.”

Some legislators have pointed out that the report validates what many advocates and researchers have been saying for years: that legalizing or reclassifying cannabis is the only way to effectively research it.

“I welcome these long overdue but anticipated findings as a signal that the federal government may soon be a constructive partner in the path forward,” said Rep. Earl Blumenauer (D-OR).

The report also states that there are medical benefits associated with the use of FDA-approved cannabinoid medications, and credible scientific data suggests that cannabis may have additional therapeutic potential. The last part might seem like a bit of an understatement for researchers who have dedicated their careers to studying the medicinal impact of cannabis and the countless patients who claim marijuana has helped them cope with conditions from cancer to chronic pain and post-traumatic stress disorder. Currently, there is only one FDA-approved cannabinoid medication available on the market. Epidiolex is a CBD prescription drug approved to treat seizures and certain epileptic conditions.

The Confusion Over Hemp

The lengthy document also outlines the confusion caused by the federal legalization of hemp and hemp derivatives through the 2018 Farm Bill. Provisions in the legislation removed hemp, a cannabis plant, from the Controlled Substances Act and authorized the growth, production, manufacturing, and retail sales of the crop as long as it contained less than .3 percent THC by dry weight. The report identifies “perceived loopholes” allowing cannabinoids to flood markets across the country, even in states where marijuana remains illegal.

A further problem is presented by synthetic cannabinoids, which do not meet the legal definition of hemp. Therefore, they are technically considered Schedule I drugs. These “Schedule I drugs” can be found in numerous retail shops, even in states where recreational marijuana has not been legalized.

The HHS report states, “These inconsistencies remain a source of confusion for scientists and could have a chilling effect on research by deterring scientists from conducting research on these compounds.” The report also recommends that the Drug Enforcement Agency provide additional guidance on how researchers and consumers can determine the source of cannabis materials, such as whether they are hemp-derived or synthetic.

Other Organizations Are Helping, But Is it Enough?  

To encourage additional study, the National Institute on Drug Abuse has pledged funding to support researchers who can help develop a medical marijuana registry. The registry would track how patients obtain and consume marijuana and their health outcomes. However, the HHS report notes that the efforts of these organizations still do not help bridge the substantial gap in understanding the potential health effects of cannabis products.

The report highlights solutions like “Licensing cannabis growers that are already providing products to state dispensaries as approved manufacturers of research-grade cannabis is one possible path through which researchers could access some of the same products sold in state-legal markets.” The report further suggests exploring partnerships where the federal government could legally acquire cannabis products from state-authorized dispensaries and make these resources available to researchers.

With the Justice Department appearing poised to move forward with reclassifying marijuana as a Schedule III substance, there is renewed hope researchers may soon be able to access cannabis more efficiently so that continued scientific discovery and innovation are more forthcoming.

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