By Regulators Seek Federal Guidance
The Cannabis Regulators Association (CANNRA) is urging the Drug Enforcement Administration to work with state regulators on implementing the federal marijuana rescheduling rule. CANNRA, a nonpartisan nonprofit association of state and territorial governments that regulate medical marijuana, reached out to DEA following publication of the final rule in the Federal Register.
While DEA acknowledged the initial outreach and some subsequent outreach, it has not met with or engaged with CANNRA, nor has it convened states to share information about the rescheduling rule. CANNRA says it is uniquely positioned to assist federal agencies because its members are regulatory implementers who enact policies on the ground.
“States need federal guidance on planned implementation to give them time to adjust laws and regulations and to give operators time to adjust their operations to meet federal requirements,” said Gillian Schauer of the Cannabis Regulators Association.
The Rule Depends On State Programs
The rescheduling rule, issued by the U.S. attorney general in April, immediately moved FDA-approved products containing marijuana, as well as cannabis “in any form covered by a state medical marijuana license,” from Schedule I to Schedule III of the Controlled Substances Act.
The rule relies extensively on state medical marijuana programs, citing them as central to compliance with international drug treaties. It says state licensing systems “demonstrate a sustained capacity to achieve the public-interest objectives that underlie the CSA’s registration framework.”
The attorney general determined that incorporating state systems into the federal framework represents “the most effective and efficient means of achieving the CSA’s objectives” while promoting marijuana’s medical benefits and minimizing disruption for patients and existing state systems.
Unanswered Questions And Field Engagement
In a letter to DEA leadership, CANNRA shared a list of unanswered questions compiled from its members and requested a meeting. The questions include whether licensees in states with dual medical and recreational licenses can obtain DEA registration, and whether DEA will register licensees with owners or employees who have past criminal convictions, which several state programs allow by design.
CANNRA also flagged conflicts between the rule and state law, including a requirement that patient medical marijuana cards contain the name of the recommending practitioner, which very few state statutes require.
The rule also requires warning labels stating it is a crime to transfer the drug to any person other than the patient, yet some state laws expressly allow designated caregivers or dispensing agents to purchase, transport and grow cannabis on behalf of a patient.
While DEA headquarters has not engaged with CANNRA, a number of DEA field divisions have engaged productively with states. State regulators say that communication between state agencies and DEA division offices is essential to effective policy implementation.
