United States: Cannabis policy reform «inevitable» for FDA chief

Since the parliamentary elections at the beginning of November, cannabis has the wind at its back in the United States. The 116th Congress could thus be the one to debate the federal regulation of cannabis. The Commissioner of the Food and Drug Administration (FDA) recently declared on a television program that a review of cannabis policies was «inevitable». The federal government will find it hard to turn a blind eye any longer: three new states legalized medical or recreational cannabis on November 6.

An inevitable overhaul

Joe Kernen, the host of the “Squawk Box” program, asked the commissioner if the country would be fine if cannabis became as common as alcohol, a way of asking the health agency's opinion on the federal regulation of cannabis. In reply, the commissioner declared I think there will probably be a review of cannabis policies in the near future. Obviously, it's already happening at the state level, and I think it's inevitable that it will happen at the federal level at some point«.

He did not specify whether this review would be positive or negative, but the reference to state action suggests that it will be progressive. The federal government is unlikely to take action against more than 30 states. The industry, which exists despite the threat of federal interference, has received this announcement with optimism, especially as the federal agency is involved in the process of classifying cannabis in the various states. schedules, in conjunction with DEA.

Recently, the agency approved Epidiolex and has judged CBD to be harmless recommending that it should not become a controlled substance. The Commissioner makes a point of distinguishing between cannabinoids and the plant: «We have approved certain components derived from cannabis, but there is no evidence of therapeutic benefits from the plant itself». In fact, the agency has sent warning letters to several companies that market their CBD products as cancer treatments.

In another interview on the same program, he expressed concern about the impact of botanical cannabis on the developing brain and lungs when consumed in smokable form. He insists that smoking is not a healthy way to administer a drug. Finally, he discusses the difference between regulation and decriminalization: «We could decriminalize the use and possession of certain substances without going so far as to legalize and promote their use».

FDA Commissioner Dr. Scott Gottlieb discusses his agency's investigation into marijuana usage. https://t.co/JDr2PMy6tI pic.twitter.com/GMZYERYrTn

- CNBC (@CNBC) September 7, 2018

A more than favorable context

The House of Representatives is divided into various committees. During the legislative elections, a number of members, including some committee chairmen, were replaced. In at least three key committees to debate cannabis regulation, Democrats won the chairmanship. They all announced that cannabis law reform was part of their agenda.

The chairman of the Financial Services Commission, Maxine Waters, said in an interview with Wall Street Journal It's inevitable that we'll talk about how federal prohibition creates banking problems for the state legal cannabis industry«. A bill aimed at protecting banks from federal interference had already been introduced but was blocked by Republicans before it could be debated, so it's likely to resurface.

Congressman Jim McGovern, who will replace Pete Sessions as chairman of the powerful House Committee on Legislation, said: «I'm not going to block cannabis amendments like my predecessor did. The Law Committee decides which bills are debated in the House, an important power that Pete Sessions has often used to block cannabis law reforms. Mc govern added: »We're going to have to vote on cannabis law reform«.

Finally, it's the Judicial Commission that will soon welcome as its chairman Jerrold Nadler, who recently declared that cannabis and other so-called «soft» drugs should be legalized and regulated. “The main effect of the war on drugs has been to fill the prisons with large numbers of people with little result other than wasting money and ruining lives». The commission in question is responsible for overseeing the DEA and other law enforcement agencies.

Democrat Earl Blumenauer had rightly mentioned commissions in his memo for the end of federal prohibition in 2019. He predicted that if the Democrats won in the House of Representatives then they would pave the way for cannabis law reform. «For too long, under Republican leadership, these issues have not been properly debated. We need to change that approach. Almost every existing committee is sovereign over some aspect of cannabis policy,» he said. The new legislature will take office on January 3.