In a groundbreaking move, Georgia became the first U.S. state to allow pharmacies to sell medical marijuana, specifically cannabis oil. However, the federal Drug Enforcement Administration (DEA) has issued a warning, stating that dispensing THC, the psychoactive component of marijuana, is unlawful as it remains a Schedule I drug. This development has created uncertainty around Georgia's pioneering medical marijuana program.
DEA's Warning and Legal Conflicts:
The DEA, through a letter dated November 27, notified a Georgia pharmacy that dispensing THC is in violation of federal law, as marijuana remains classified as a Schedule I controlled substance. The letter emphasizes that DEA-registered pharmacies are bound by federal laws and regulations, limiting them to dispensing controlled substances in Schedules II-V. This directive has raised questions about the DEA's stance conflicting with a congressional budget rider preventing the Department of Justice from obstructing state medical marijuana laws.
Congressional Budget Rider:
The potential conflict arises from a congressional budget rider preventing the Department of Justice from using resources to interfere with the implementation of state medical marijuana laws. Enacted in 2014 and recently extended until at least February 2024, this provision adds complexity to the DEA's warning against state-authorized pharmacies providing medical cannabis oil to patients.
Georgia's Pharmacy Initiative:
Georgia's Board of Pharmacy began accepting applications from independent pharmacies in October to dispense low-THC cannabis oil. This move aimed to enhance access to medical marijuana for patients, with nearly 120 pharmacies applying to distribute products from licensed producers. The decision was driven by the desire to destigmatize medical marijuana and leverage pharmacists' role as trusted providers.
DEA's Scrutiny and Uncertain Future:
As of late October, some pharmacies had already started dispensing cannabis oil, with many more slated to open soon. However, the recent DEA warning has cast a shadow of uncertainty over the program. It remains unclear how the DEA's scrutiny will impact the future of Georgia's medical marijuana initiative. The Board of Pharmacy and the state Department of Public Health have yet to respond to inquiries about the agency's letter.
DEA's Position Misinterpreted:
Despite claims by anti-cannabis advocacy groups, such as Smart Approaches to Marijuana (SAM), that the DEA's guidance supports the federal government's position that marijuana is not medicine, this interpretation is flawed. In August, the Department of Health and Human Services (HHS) recommended rescheduling marijuana to Schedule III, acknowledging its medical benefits. The DEA's actions seem focused on maintaining regulatory control over pharmacies during the ongoing rescheduling review.
Ongoing Rescheduling Review:
It has been over three months since the HHS's rescheduling recommendation, but the DEA has been relatively silent on the matter. The Congressional Research Service suggests that DEA is likely to follow the HHS recommendation based on past precedent. However, DEA retains final jurisdiction over the Controlled Substances Act and may choose to disregard the health agency's advice.
Conclusion:
The clash between federal and state regulations has thrown Georgia's pioneering medical marijuana program into uncertainty. As pharmacies grapple with the DEA's warning, the future of the initiative remains uncertain. With ongoing calls for the rescheduling of marijuana and a plea from six Democratic governors to complete the process by the end of the year, the landscape of medical marijuana in Georgia and across the nation hangs in the balance.
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