FDA Will Re-Examine Safety of Marijuana, And How Effective It Really Is

The Food and Drug Administration announced that it will re-examine the the scheduling and safety of marijuana as a Schedule I substance, to see if the plant has some possible benefits.

Currently, marijuana is scheduled as a Schedule I drug, meaning that it has no medical value and has the highest potential for abuse. Other Schedule classifications for drugs including 2, 3, 4, and 5 – often perceived as less dangerous. However, as medical marijuana is becoming legal in many states, including extremely limited use in South Carolina, the FDA says it will investigate possibly rescheduling the drug.

“FDA conducts for Health and Human Services a scientific and medical analysis of the drug under consideration, which is currently ongoing,” FDA Press Officer Jeff Ventura said. “HHS then recommends to DEA that the drug be placed in a given schedule. DEA considers HHS’ analysis, conducts its own assessment, and makes a final scheduling proposal in the form of a proposed rule.”

The FDA did not confirm how long the review process will take. Rescheduling marijuana will not make it legal, the FDA said, but could be the first step in federal decriminalization of marijuana use. This would also make state legalization of marijuana, whether for recreational or medical use, much easier, as states attempt to set up businesses. Some marijuana sellers could also apply for tax exempt status, if the drug is reclassified.

“While DEA is the lead federal agency responsible for regulating controlled substances and enforcing the Controlled Substances Act, FDA, working with NIDA, provides scientific recommendations about the appropriate controls for those substances,” FDA Deputy Director Doug Throckmorton said Friday in testimony delivered during the House Committee on Oversight and Government Reform hearing.

“To make these recommendations, FDA is responsible for preparing what’s called an eight-factor analysis, which is a document that is used to assess how likely a drug is to be abused,” Throckmorton said.

“The FDA has not approved marijuana as a safe and effective drug for any indication,” the FDA stated in its latest guidelines regarding marijuana, posted Friday. “The FDA is aware that there is considerable interest in its use to attempt to treat a number of medical conditions, including, for example, glaucoma, AIDS wasting syndrome, neuropathic pain, cancer, multiple sclerosis, chemotherapy-induced nausea, and certain seizure disorders.”

The FDA has been accused recently of only funding studies that expose the negative impact of marijuana, without focusing on the drug’s potential benefits. Rescheduling marijuana will also allow for better federal studies into all facets of marijuana use.

The Strom Law Firm Can Help with Marijuana Drug Charges

Until the South Carolina state legislature loosens the restrictions on marijuana use, a first time offender charged with simple possession of marijuana can face up to thirty days in jail and be ordered to pay a fine, which can more than double when you add in court costs.

The marijuana trafficking and possession lawyers at the Strom Law Firm, LLC are dedicated to protecting the rights of our clients, providing aggressive representation grounded in our years of experience building and interpreting the laws of South Carolina. Contact us today for a free consultation to discuss the facts of your case. 803.252.4800