The Drug Enforcement Agency (DEA) has been debating rescheduling cannabis behind closed doors for months. A hearing on the topic has been set for December 2nd, but the final say could still take weeks or months beyond that. However, some believe a recent DEA ruling may ensure the agency gives pot reform the green light.
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Earlier this week, the DEA admitted a recently proposed system for determining a substance’s medical value is valid. The admission was a footnote in a separate decision to place two synthetic non-cannabis drugs into the Schedule I category.
The new two-part test was originally submitted by the Department of Health and Human Services (HHS). Previously, the DEA used a complicated five-part test. Earlier this year, the Department of Justice said the old methodology was too narrow and instructed the DEA to use the new test instead.
The new rescheduling litmus test has two criteria:
“(1) whether there exists widespread, current experience with medical use of the substance by licensed health care providers operating in accordance with implemented jurisdiction-authorized programs, where medical use is recognized by entities that regulate the practice of medicine,
“And, if so, (2) whether there exists some credible scientific support for at least one of the medical conditions for which part (1) is satisfied.”
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By going along with the new two-part test, the DEA may have no choice but to reschedule cannabis. Here’s why:
Medical cannabis is legal in some form in nearly every state, checking the first box of the test. And earlier this year, the government released a massive report acknowledging that marijuana does indeed have medicinal properties—checking box two. Not to mention the fact that the FDA approved a cannabis-based medication for epilepsy several years ago.
The DEA announcement is yet another hurdle that has seemingly been cleared in the rescheduling process, but the battle is far from over. The two-part rule could still be challenged by a higher authority and lawsuits challenging reform may still be filed. For now, the DEA decision adds to the mounting evidence confirming cannabis does not belong in Schedule I as a drug with no known medical value—something seemingly obvious for the millions of patients using the plant around the world.
