The DEA Can’t Legalize Medical Marijuana

Jacob Sullum | July 4, 2016

Rumor has it that the Drug Enforcement Administration (DEA) plans to legalize marijuana any day now. Rumor also has it that Barack Obama is secretly a foreign-born Muslim and that the CIA had a hand in the attack that brought down the World Trade Center. Unfortunately, that first claim is about as likely to be true as the other two.

It is true that the DEA has not responded yet to a pair of petitions asking it to reclassify marijuana, which since 1970 has sat in Schedule I of the Controlled Substances Act (CSA), the law’s most restrictive category. Schedule I supposedly isreserved for drugs with “a high potential for abuse” and “no currently accepted medical use,” drugs that cannot be used safely even under a doctor’s supervision. It is doubtful that marijuana meets any of those criteria, let alone all three. But the DEA, which has wide discretion to interpret and apply the CSA criteria, has always insisted that marijuana must stay in Schedule I until its medical utility is proven by the sort of large, expensive, randomized clinical trials the Food and Drug Administration (FDA) demands before approving a new pharmaceutical.

The DEA Can’t Legalize Medical Marijuana