The Drug Enforcement Administration (DEA) has released a final rule that addresses forthcoming regulations regarding federally legal cannabis research.
The announcement of the final rule follows the United Nations Commission for Narcotic Drugs’ vote to remove cannabis from its list of most dangerous drugs, and the U.S. House and Senate’s passage of cannabis research bills.
In the public comment section of the rule, which goes into effect Jan. 19, 2021, DEA explains that “past experience in the manufacture of controlled substances” will be a factor the agency will consider when reviewing applications. The rule, citing the U.S. Congress, states:
The rule continues: “…An applicant that has manufactured marijuana without obtaining a DEA registration has violated Federal law, … regardless of whether that manufacturer has violated the laws of the State in which the applicant is located. … While the DEA Administrator has discretion to weigh the statutory factors and any one factor need not be dispositive, an applicant’s prior compliance with Federal law is a relevant consideration when determining whether to grant an application for registration.”
Some see DEA’s registration criteria as a red flag. Henry Baskerville, a partner at Fortis Law Partners provided the following statement to Cannabis Business Times and Cannabis Dispensary.
“The federal cannabis cultivation license allows companies to grow cannabis for use in clinical research. Excluding those who currently have state cultivation licenses is excluding people and companies that have the experience effectively cultivating cannabis. This makes no sense from a clinical perspective and is simply punitive action by the DEA against persons and businesses who have been participating in legal activity under state law.”
Tyler Williams, founder and chief technical officer at Cannabis Safety & Quality, said DEA’s