GOP-Led Congressional Panel Demands Investigation On Biden’s Marijuana Rescheduling Process, Citing ‘Deviations’ And ‘Mental Health Hazards’

A key GOP-led House committee is asking for a review of the cannabis
rescheduling recommendation issued under the Biden administration,
expressing concerns about “deviations” from a prior review process as well
as the “mental health hazards of regular use of high-potency marijuana.”

In a report attached to a large-scale spending bill for the 2026 fiscal
year, the House Appropriations Committee included several sections focused
on marijuana and hemp—while also encouraging further research into the
therapeutic potential of psychedelics. The panel is set to vote on the bill
and report language on Wednesday.

For cannabis advocates and stakeholders, however, the report’s marijuana
scheduling language is troubling, with members stating that they’re
“concerned about deviations from established drug scheduling evaluation
standards in the [Food and Drug Administration, or FDA] 2023 marijuana
scheduling review.”

Under former President Joe Biden, the U.S. Department of Health and Human
Services (HHS) recommended to the Drug Enforcement Administration (DEA)
that cannabis be moved from Schedule I to Schedule III of the Controlled
Substances Act (CSA). That process has since stalled out amid legal
challenges from witnesses in DEA administrative hearing proceedings.

“The Committee directs the HHS Inspector General to complete a report on
the 2023 marijuana scheduling review including but not limited to:
deviations from the established five-factor currently accepted medical use
test, justification for a new, two-factor currently accepted medical use
test and whether this will be the standard for all future reviews, use of a
limited number of hand-selected comparator substances, and inclusion of
research results that are not statistically significant or inconclusive,”
the report section says.

The flagged issues largely echo concerns raised by prohibitionist
organizations such as Smart Approaches to Marijuana (SAM). And the language
is consistent with an earlier version of the agriculture spending
legislation that advanced though committee but was not ultimately enacted
last session.

“The Committee is concerned about reports of the mental health hazards of
regular use of high-potency marijuana, particularly among adolescents,” it
says. “The Committee encourages the FDA to support research on high-potency
marijuana and its effects on the adolescent brain, specifically regarding
addiction and mental illness such as schizophrenia or psychosis.”

“Marijuana Rescheduling.—The Committee is concerned about deviations from
established drug scheduling evaluation standards in the FDA 2023 marijuana
scheduling review. The Committee directs the HHS Inspector General to
complete a report on the 2023 marijuana scheduling review including but not
limited to: deviations from the established five-factor currently accepted
medical use test, justification for a new, two-factor currently accepted
medical use test and whether this will be the standard for all future
reviews, use of a limited number of hand-selected comparator substances,
and inclusion of research results that are not statistically significant or
inconclusive. The Committee is concerned about reports of the mental health
hazards of regular use of high-potency marijuana, particularly among
adolescents. The Committee encourages the FDA to support research on
high-potency marijuana and its effects on the adolescent brain,
specifically regarding addiction and mental illness such as schizophrenia
or psychosis.”

Elsewhere in the report, the panel also talked about their problem with
“the proliferation of products marketed in violation of the [Federal Food,
Drug, and Cosmetic Act (FFDCA)], including products containing derivatives
of the cannabis plant,” which is consistent with provisions of the
underlying bill that would ban all hemp items containing “quantifiable”
amounts of THC.

“The Committee is aware that non-FFDCA-compliant products pose potential
health and safety risks to consumers through misleading, unsubstantiated,
and false claims that cannabis and cannabis derivatives can treat serious
and life-threatening diseases and conditions, including COVID–19 and
cancer,” the report says. “Such products may also be contaminated with
harmful substances.”

“The Committee recognizes FDA’s use of existing authorities to undertake
cannabis-related efforts, including research, requests for data, consumer
education, issuance of guidance and policy around cannabis-based drug
product development, and enforcement against wrongdoers,” it continues.
“The Committee expects FDA to continue and increase these efforts given the
proliferation of non-FFDCA-compliant, cannabis-containing products and the
risks they pose to public health.”

“Cannabidiol Oil Enforcement.—The Committee is concerned about the
proliferation of products marketed in violation of the FFDCA, including
products containing derivatives of the cannabis plant. The Committee is
aware that non-FFDCA-compliant products pose potential health and safety
risks to consumers through misleading, unsubstantiated, and false claims
that cannabis and cannabis derivatives can treat serious and
life-threatening diseases and conditions, including COVID–19 and cancer.
Such products may also be contaminated with harmful substances. The
Committee recognizes FDA’s use of existing authorities to undertake
cannabis-related efforts, including research, requests for data, consumer
education, issuance of guidance and policy around cannabis-based drug
product development, and enforcement against wrongdoers. The Committee
expects FDA to continue and increase these efforts given the proliferation
of non-FFDCA-compliant, cannabis-containing products and the risks they
pose to public health. The Committee also expects FDA to take enforcement
action against the manufacturers of any cannabis products marketed with
unlawful therapeutic claims to preserve the integrity of the drug
development and approval processes, which ensures that products, including
cannabis-containing products, marketed as drugs have undergone a rigorous
scientific evaluation to ensure that they are safe, pure, potent, and
effective for the diseases and conditions they claim to treat. It is also
imperative that FDA continue to exercise its existing authorities to
preserve incentives to invest in robust clinical study of cannabis so its
therapeutic value can be better understood.”

The report further states that members expect FDA to “take enforcement
action against the manufacturers of any cannabis products marketed with
unlawful therapeutic claims to preserve the integrity of the drug
development and approval processes, which ensures that products, including
cannabis-containing products, marketed as drugs have undergone a rigorous
scientific evaluation to ensure that they are safe, pure, potent, and
effective for the diseases and conditions they claim to treat.”

“It is also imperative that FDA continue to exercise its existing
authorities to preserve incentives to invest in robust clinical study of
cannabis so its therapeutic value can be better understood,” the committee
said.

The House Appropriations Subcommittee on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies advanced the underlying
bill last week, stirring controversy over provisions to prohibit cannabis
products containing any “quantifiable” amount of THC or “any other
cannabinoids that have similar effects (or are marketed to have similar
effects) on humans or animals” as THC.

Advocates and stakeholders have been putting pressure on Congress to dial
back that language, with hopes that lawmakers opt to pursue robust
regulations to address their concerns rather than outright criminalize a
major part of the sector.

“The Committee recognizes the growing consumer demand for American made
hemp-derived products following the expanded legalization of hemp under the
Agriculture Improvement Act of 2018,” a new section of the report says. “As
the industry continues to expand to meet consumer demand, the Committee
acknowledges the need for clear, science-based guidance to ensure product
safety, consumer confidence, and regulatory clarity.”

Members are directing FDA to create a task force with “industry
stakeholders, including scientists, manufacturers, public health experts,
academic researchers, and other relevant parties in the industrial hemp
community.”

“Quantifiable Limits Task Force.—The Committee recognizes the growing
consumer demand for American made hemp-derived products following the
expanded legalization of hemp under the Agriculture Improvement Act of
2018. As the industry continues to expand to meet consumer demand, the
Committee acknowledges the need for clear, science-based guidance to ensure
product safety, consumer confidence, and regulatory clarity. To support
this effort, the Committee directs the FDA to establish a task force
comprised of industry stakeholders, including scientists, manufacturers,
public health experts, academic researchers, and other relevant parties in
the industrial hemp community. The task force should provide input on
determining the level of quantifiable amounts of tetrahydrocannabinol or
other cannabinoids in hemp-derived cannabinoid products, as required by
this Act. Further, the task force should provide recommendations to create
a minimum consumer safety floor for hemp-derived cannabinoid products such
as uniform packaging, labeling, testing, and adverse event reporting. In
providing these recommendations, the task force should consider actions
taken by individual states to address consumer safety concerns like
quantifiable limits and age restrictions. The Committee directs the FDA to
provide an update within 180 days of enactment of this Act on the formation
and progress of the task force, with final recommendations to be submitted
within one year.”

Additionally, the committee is tasking the U.S. Department of Agriculture
(USDA) with identifying programs that “support the production and
processing of plant-based fiber crops, such as cotton, hemp, and flax, and
animal-based fibers such as wool, alpaca, and leather,” and then briefing
appropriators within 180 days of enactment on ways to “bolster support for
plant and animal-based fiber production and processing.”

“U.S. Fiber Processing.—The Committee encourages USDA to identify programs,
such as Value-Added Producer Grants and the Business and Industry Loan
Program, that can support the production and processing of plant-based
fiber crops, such as cotton, hemp, and flax, and animal-based fibers such
as wool, alpaca, and leather. The Committee requests a briefing within 180
days of enactment of this Act on Agency efforts to bolster support for
plant and animal-based fiber production and processing in the U.S.”

While the cannabis sections might raise some concerns among the pro-reform
community, those backing psychedelics policy changes may well be encouraged
by the fact that the Republican-led committee also included language
recognizing “the increased interest and need to study psychedelics and
qualified plant-based alternative therapies and their potential therapeutic
effects.”

“The Committee encourages FDA to work with the [Department of Defense] on
leveraging clinical trials, as authorized by title 10 United States Code,
chapter 55, to improve our understanding of psychedelics,” it says. “The
Committee also encourages FDA and DoD to work together in developing and
supporting public-private collaborations to advance psychedelic research
for therapeutic purposes.”

The committee is asking FDA to work with DOD on “leveraging clinical
trials” to “improve our understanding of psychedelics.”

“Breakthrough Therapies.—The Committee recognizes the increased interest
and need to study psychedelics and qualified plant-based alternative
therapies and their potential therapeutic effects. The Committee encourages
FDA to work with the DoD on leveraging clinical trials, as authorized by
title 10 United States Code, chapter 55, to improve our understanding of
psychedelics. The Committee also encourages FDA and DoD to work together in
developing and supporting public-private collaborations to advance
psychedelic research for therapeutic purposes.”

A report attached to a separate spending bill, for Military Construction,
Veterans Affairs, and Related Agencies, also notes ongoing research into
the benefits of psychedelics.

“New Treatments for PTSD.—The Committee is aware of privately funded
research regarding potential new treatments for PTSD, including
psychedelic-assisted-therapy and encourages the Department to monitor these
efforts and review the results of existing and future clinical trials.”

Rep. Dan Crenshaw (R-TX) recently talked about his work to secure funding
for studies into the therapeutic benefits of psychedelics such as
psilocybin, MDMA and ibogaine—including the passage of legislation to require
DOD clinical trials into such substances for active duty service members
that then-President Joe Biden signed into law.

Meanwhile, another Republican congressman—Rep. Jack Bergman (R-MI) of the
Psychedelics Advancing Therapies (PATH) Caucus—recently expressed optimism
about the prospects of advancing psychedelics reform under President Donald
Trump, arguing that the administration’s efforts to cut spending and the
federal workforce will give agencies “spines” to tackle such complex issues.

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*Image element courtesy of Kristie Gianopulos.*

The post GOP-Led Congressional Panel Demands Investigation On Biden’s
Marijuana Rescheduling Process, Citing ‘Deviations’ And ‘Mental Health
Hazards’ appeared first on Marijuana Moment.