DEA Announces Moving Forward To Facilitate Research For Marijuana In The U.S.

Cannabis Blog Aug 28, 2019 Denver, CO

By: Nabil Rodriguez, Esq. & Kristen Morris, Esq.

On August 26, 2019, the United States Drug Enforcement Administration (the “DEA”) filed a notice regarding pending applications from entities applying to cultivate marijuana for research purposes. Interestingly enough, this announcement comes days before the DEA is required under a federal court order to respond to a lawsuit concerning its inaction on a previously submitted application.

Pursuant to 21 U.S.C. § 823(a)(1), the DEA is obligated to register only the number of manufacturers of a Schedule I controlled substance that is necessary to “produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes.”

For over 50 years, the U.S. has relied on a single facility at the University of Mississippi as the source of federally authorized research-grade marijuana. Historically, because the demand for research-grade marijuana in the U.S. was relatively low, the U.S. Government considered the single marijuana grower arrangement sufficient to meet such a demand.

In August of 2016, the DEA issued a policy statement acknowledging the need to expand marijuana-related research with regard to certain cannabinoids by increasing the number of federally authorized marijuana growers. To achieve this result, the DEA developed a new approach to “allow additional marijuana growers to apply to become registered with the DEA.” Three years later, the DEA has 33 pending applications, with the most recent application submitted in May of 2019. To date, no application has been processed.

In the interest of public health, many believe that this announcement has been long overdue. A study conducted by researchers at the University of Northern Colorado demonstrated that “research-grade” marijuana grown at the University of Mississippi has a closer genetic affinity to hemp than with commercially available marijuana. Studies like these highlight the challenges for valid and accurate scientific and medical research that occur as a result of the current monopoly on federally authorized marijuana.

In an era where public and scientific interest in marijuana is at an all-time high, this announcement by the DEA may come as a step forward in overcoming the existing hurdles to marijuana research. This 2019 announcement, however, is not made with a specific timeline in mind. Instead, the DEA clarifies that they intend to promulgate regulations to govern the program of growing “marihuana for scientific and medical research under DEA registration.” Therefore, those applicants listed in the notice must continue to wait patiently until such regulations are promulgated.

In addition to moving forward with marijuana grower applications, the DEA also clarified that because the 2018 Farm Bill legalized hemp federally, those applicants that submitted a registration application for the cultivation of hemp were no longer required to obtain DEA registration, and “may respond in writing with a request to withdraw their applications.”

If you have questions regarding this announcement or applications to cultivate marijuana or hemp with the DEA, or if you have any questions with how this, or similar agency announcements, may affect your business, please contact a Greenspoon Marder attorney today.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Previous Next

Cannabis Blog

DEA Announces Moving Forward To Facilitate Research For Marijuana In The U.S.

Share

News & Events

News & Events