Congressman Harris Writes Letter To DEA Urging Them To Consider The True Harms of Marijuana Before Making Final Decision On Rescheduling The Drug

Washington, D.C. – On December 19, 2023, the Drug Enforcement Administration (DEA) informed members of Congress that it is now conducting its official review of the Department of Health and Human Services’ (HHS) recommendation to reschedule marijuana from a Schedule I to Schedule III drug under the Controlled Substances Act (CSA).  Yesterday, Congressman Andy Harris, M.D., Chairman of the House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies sent a letter to the (DEA) urging them to consider the true harms of marijuana before making their final decision.

In the letter, Congressman Harris addresses several important factors that were ignored in the recommendation to reschedule the drug including not sufficiently examining the effect of daily marijuana use, a key indicator of addiction. The recommendation also failed to consider the public health damage caused by traffic fatalities due to individuals driving under the influence of marijuana. Notably, FDA did not discuss the impact of marijuana use on pregnant women and children, despite a warning from the Substance Abuse and Mental Health Services Administration (SAMHSA) that states, “Marijuana use during pregnancy can be harmful to a baby’s health and cause many serious problems, including stillbirth, preterm birth, and growth and development issues.”

The letter also points to the Single Convention on Narcotic Drugs, a treaty ratified in 1967 which established widely agreed upon methods of drug control that are still used today. The letter goes on to highlight the Obama Administration’s 2016 marijuana scheduling review, which outlined that classifying marijuana as anything but a Schedule I or II drug would constitute a violation of the Single Convention.

The Letter concludes by asking the DEA to respond to the following questions no later than February 16, 2024:

• Will the DEA abide by the legally binding treaty obligations related to drug scheduling as outlined in the Single Convention when determining marijuana’s schedule?
• Does the DEA believe that our international treaty obligations can be met if marijuana is placed in Schedule III, despite the fact that NORML v. DEA (1977) ruled otherwise?
• Does the DEA consider FDA’s new two-factor test an adequate method for determining a drugs currently accepted medical use? If so, why?
• Will the DEA use the five-factor test to establish “currently accepted medical use” in its own scheduling review?
• Does the DEA consider it acceptable to use studies that had inconclusive and/or not statistically significant findings as justification for marijuana having currently accepted medical use?
• Does the DEA consider daily marijuana use, impacts on pregnancy and children, and effects of driving under the influence of marijuana necessary elements to consider when measuring marijuana’s abuse potential? If not, why?

Statement From Congressman Harris:

“As a physician and former scientist, it is vital that we make decisions based on established data, and the current HHS recommendation to reschedule marijuana lacks both substance and data. As I have long said, the American public deserves to know the effect modern marijuana has on the human body and I urge the DEA to consider the true harms of marijuana before making the final decision to reschedule it.”

 Statement from Dr. Kevin Sabet, President of Smart Approaches to Marijuana –the nation’s top nonpartisan marijuana policy organization:

“We thank Rep. Harris for his leadership in protecting America’s next generation from the dangers of high-potency pot. By rescheduling marijuana to Schedule III, the DEA would not only be breaking the law but also rejecting established science. The DEA and the FDA have held long-standing opinions that marijuana is a dangerous psychoactive drug that has no medical purpose, confirmed as recently as 2016. If anything, the science since then has become more damning against marijuana in recent years. Major medical associations and Surgeons General agree marijuana is addictive and harmful. Study after study of users of today’s high-potency THC drugs demonstrates damaging mental health impacts, including psychosis, schizophrenia, depression, and IQ loss. The DEA should reject the political, unscientific recommendation of HHS, which has drawn increased scrutiny from the scientific community since their rationale was released. This must remain a nonpartisan issue based on science, not political winds.”

 The full letter can be read here.

Congressman Harris’s interview with Fox after sending this letter can be viewed here.