By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On August 11, 2016, the Drug Enforcement Agency (DEA) denied a petition to lessen federal restrictions on the use of marijuana for the fourth consecutive time. The DEA rejected petitions to remove marijuana from its most highly restricted classification of drugs, which includes heroin and ecstasy, but announced a new policy to support expanded research into the substance.
The Federal Status of Marijuana.
Reclassifying marijuana from a Schedule 1 to a Schedule 2 drug would have made it easier to get federal approval for studies of its uses as well as for doctors to start writing prescriptions for medical marijuana-based treatments. Additionally, the current federal status of marijuana makes it impossible for state-legal marijuana businesses to take the same tax deductions afforded to other business. Federal restrictions also make banks reluctant to work with marijuana businesses, leading many of them to become all-cash operations — with all the risks that entails.
The acting head of the DEA, Chuck Rosenburg, stated that “it has no currently accepted medical use in treatment in the United States, a lack of accepted safety for use under medical supervision and a high potential for abuse.”
Marijuana for Scientific Research.
In a proposal issued on the same day, the DEA said that it will allow universities and private companies to grow marijuana for scientific research. Despite this, the DEA says it cannot change the legal status of marijuana unless the Food and Drug Administration (FDA) determines it has a clear medical use. However, the FDA cannot determine it has a medical use in part because of the highly restrictive legal status of the drug. It’s a classic catch-22.
To read more on the status of medical marijuana, click here to read one of my prior blogs.
Stop Perpetuating the Insanity.
Like Yosarian said in the novel Catch 22, a novel about the absurdities and contradictions inherent in large government bureaucracy: “That’s some catch, that ‘catch 22.’ ” And the DEA is helping to perpetuate it. It’s difficult to understand how states can be legalizing medical marijuana, authorizing doctors to write prescriptions for it and issuing licenses to medical marijuana growers, if the DEA keeps it on its Schedule 1. Yeah, it’s right up there with heroin and PCP, isn’t it? My question is why aren’t cigarettes and chewing tobacco on that schedule? Someone needs to wake up and smell the coffee (or the ganja smoke)!
Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.
The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.
To contact the Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.
Ingraham, Christopher. “Why the DEA just said ‘no’ to loosening marijuana restrictions.” The Washington Post. (August 16, 2016). Web.
Saint Thomas, Catherine. “DEA keeps marijuana on the dangerous list of drugs.” The New York Times. (August 16, 2016). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawfirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone; (407) 331-6620.
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The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
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