A new report from the US Department of Health and Human Services says inconsistencies in cannabis law remain a roadblock for scientists, and could have a chilling effect on important research.
The DHSS report, the preparation of which was directed Congress, says while intoxicating cannabinoids derived from hemp have been deemed by the Ninth Circuit Court of Appeals not controlled under the Controlled Substances Act (CSA), those extracted from marijuana are.
Researchers do not need a Schedule I researcher registration to carry out research on non-synthetic hemp-derived compounds containing no more than 0.3% Delta-9 -THC on a dry weight basis. But when manufactured from non-hemp sources, chemically identical “synthetic equivalent cannabinoids” require a Schedule I researcher registration. These inconsistencies remain a source of confusion for scientists, and additionally guidance from the DEA on how researchers can determine the source of cannabis materials is needed.
As for acquiring a Schedule I researcher registration, the requirements for obtaining a registration, adding to it and gaining approval for research protocol changes are time-consuming, can be expensive and may need to be duplicated for each researcher working within a single department.
Yet another barrier is the fact researchers can’t legally obtain or analyze products sold through state marijuana dispensaries, meaning they must rely on study participants’ self-reported use and/or photos of dispensary products. Add inconsistent testing and labeling requirements across jurisdictions and good research becomes even more challenging in terms of determining exactly what is in the products consumers are using.
A possible solution is licensing cannabis growers already supplying products to state dispensaries as approved manufacturers of research-grade cannabis.
“Exploring partnerships through which the federal government could legally acquire and make available to registered researchers cannabis products from state-authorized dispensaries could also bridge this gap,” says the report.
While acknowledging the DEA increasing the number of certified cannabis manufacturers and some legislation enacted has made it easier to conduct cannabis research, there’s a lot more needing to be done.
“.. continued regulatory hurdles, including lack of access to the products the public is using, hinder our ability to fully understand cannabis’ potential as a therapeutic agent and its risks when used for medicinal and nonmedicinal purposes, and must be addressed.”
The report, which also delves into the health effects of cannabis and cannabinoids, is available here.
