DEA Promises Progress on Federal Cultivation Applications, But Provides No Timetable for Action

DEA Promises Progress on Federal Cultivation Applications, But Provides No Timetable for Action

The US Drug Enforcement Administration (DEA) today announced intent to facilitate additional clinical cannabis research.

According to the agency’s filing today in the Federal Register, the DEA “intends to promulgate regulations” to evaluate several dozen applications before it from private entities that wish to cultivate cannabis for FDA-approved research.

In 2016, the DEA similarly announced the adoption of new rules to expand to supply of research-grade cannabis, but failed to take any further action.

“For the past three years, the DEA has failed to take any steps to follow through on its promise to facilitate clinical cannabis research, and today’s announcement makes it clear that this foot-dragging will continue,” NORML Executive Director Erik Altieri said. “According to the DEA’s filing, the agency has yet to even evaluate even one of the dozens of applications before it – many of which have been pending for more than two years, nor do they provide any timetable regarding when or if they ever will. In an era where public and scientific interest in the cannabis plant, particularly with regard to its therapeutic properties, has never been greater, and where patients in a majority of states are already using cannabis in compliance with state law, it is inexcusable that the DEA continues to take this ‘head-in-the-sand’ approach to this rapidly changing cultural and legal landscape.”

DEA’s action follows a July 29 order from the US Court of Appeals ordering DEA to provide within 30 days a written response to a DEA cultivation license application from the Scottsdale Research Institute. The Institute had filed a petition in the District of Columbia seeking a writ of mandamus to order the DEA to comply with its 2016 policy, arguing that the agency has engaged in unreasonable delays.

Since 1968, only the University of Mississippi has been federally licensed to engage in the growing of cannabis for FDA-approved clinical research. Scientists familiar with the product have consistently said that it is of inferior quality and fails to accurately reflect the types of marijuana varieties commercially available in legal states. Further, the University provides scientists only with the option to access herbal cigarette formulations of the plant, not concentrates, edibles, or extracts. Strains high in the compound cannabidiol (CBD) – a chemical of particular interest to many scientists – are also not currently available from the University.

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