2022: Fitzpatrick Voted To Relax Marijuana Research Registration
Requirements And Require Certain Federal Actions To Ensure The Supply Of
Marijuana For Research Purposes. In July 2022, according to
Congressional Quarterly, Fitzpatrick voted for the Medical Marijuana and
Cannabidiol Research Expansion Act, which would "include various
provisions related to marijuana research, including to establish
protocols for researcher registration and production of marijuana for
research purposes. The bill would establish a process for the Justice
Department to register practitioners to conduct research with marijuana
if their research protocol has been approved by a federal research
agency and they have procedures in place to safeguard against diversion
of the controlled substance, including adequate secure storage
capacities. It would also establish a process for the department to
register individuals to manufacture marijuana for research purposes if
they meet certain conditions, including transferring marijuana only to
registered researchers with prior approval from the department and
obtaining relevant state licenses. Among other provisions, the bill
would require the Justice Department, in consultation with the Health
and Human Services Department, to assess annually whether there is an
inadequate or interrupted supply of marijuana for research purposes and,
if there is, to report to Congress on steps it will take to restore the
supply. It would require HHS to conduct research and, within one year of
enactment, submit a report to Congress on potential therapeutic effects
of cannabidiol or marijuana for serious medical conditions; potential
effects of marijuana, including on adolescent brain development and
human cognitive abilities; and barriers to researching marijuana or
cannabidiol in states that have legalized their use.It would also
specify that it is not a violation of the Controlled Substances Act for
a physician to discuss the potential harms and benefits of marijuana and
marijuana derivatives as a medical treatment with a patient." The vote
was on passage. The House passed the bill by a vote 325-95, thus the
bill was sent to Senate. The Senate passed the bill, sent the bill to
President Biden, and it ultimately became law. [House Vote 392,
7/26/22; Congressional
Quarterly, 7/26/22; Congressional Actions, H.R.
8454]
The Legislation Changed How Scientists Can Conduct Marijuana
Research By Establishing A New Registration Process For Research And
Marijuana Manufacturing For Research Purposes. According to
Forbes, "President Joe Biden turns the Medical Marijuana Research
Bill into law, changing how American scientists can do research on
marijuana. As anticipated by Marijuana Moment last week, the White
House announced on Friday that President Biden signed the Medical
Marijuana and Cannabidiol Research Expansion Act, 'which establishes
a new registration process for conducting research on marijuana and
for manufacturing marijuana products for research purposes and drug
development.'" [Forbes,
12/3/22]
The Legislation Eased The Regulations For Scientists Who Want To
Study Medical Marijuana, Which Used To Delay Their Research Due To
Strict Rules. According to Forbes, "The law significantly eases
the lives of scientists who wish to study marijuana for medical
purposes, as they had to follow strict regulations that could delay
their research." [Forbes,
12/3/22]
The Legislation Removed Federal Restrictions On Medical Marijuana
Research, Streamlined The Application Process To Approve Scientific
Students, And Ensured An Adequate And Uninterrupted Supply Of
Marijuana Available For Medical Marijuana Research. According to
Forbes, "The new legislation removes federal restrictions in order
to ease research from studying the plant and speeds up the
application process to approve marijuana-related scientific studies.
Under the new law, the federal government has to ensure an adequate,
uninterrupted supply of marijuana available to scientists for
studies on medical marijuana." [Forbes,
12/3/22]
Under The Legislation, Universities And Researchers Would Be Able
To Seek A License To Grow, Dispense And Possess Marijuana For
Research Purposes. According to Forbes, "Universities and research
institutions will now be able to acquire U.S. Drug Enforcement
Administration (DEA) license to grow, manufacture, distribute,
dispense and possess marijuana for research purposes, with guidance
from the Department of Health and Human Services (HHS) and the U.S.
Food And Drug Administration." [Forbes,
12/3/22]
The Legislation Encouraged The FDA To Develop Marijuana-Derived
Medications And Instructed The HHS To Determine The Medical Benefits
Of CBD As A Drug. According to Forbes, "The legislation also
encourages the FDA to develop marijuana-derived medicines and
addresses the HHS to determine the potential medical benefits of
marijuana or cannabidiol (or CBD) as a drug." [Forbes,
12/3/22]
The Legislation Intervened In The Doctor-Patient Relationships By
Permitting Doctors To Discuss The Potential Harms And Benefits Of
Marijuana. According to Forbes, "The Medical Marijuana and
Cannabidiol Research Expansion Act also intervenes in the
doctor-patient relationship by allowing physicians to discuss the
currently known potential harms and benefits of marijuana
cannabinoids, such as CBD, as a treatment or the known possible
damages and benefits of marijuana and its compounds." [Forbes,
12/3/22]
The Legislation Did Not Allow Scientists To Acquire Marijuana From
State-Run Dispensaries And Kept Marijuana Illegal At The Federal
Level As A Schedule I Controlled Substance. According to Forbes,
"Nevertheless, the legislation doesn't allow scientists to obtain
marijuana from state-run dispensaries and won't reschedule marijuana
at the federal level. In fact, marijuana will remain illegal at the
federal level under Schedule I of the Controlled Substances Act."
[Forbes,
12/3/22]
2022: Fitzpatrick Voted For The Medical Marijuana Research Act, Which
Would Relax Marijuana Research Registration Requirements And Require
Certain Federal Actions To Ensure The Supply Of Marijuana For Research
Purposes. In April 2022, according to Congressional Quarterly,
Fitzpatrick voted for the Medical Marijuana Research Act, which would
"modify marijuana research requirements and require federal actions to
ensure the supply of marijuana for research purposes. Among other
provisions, it would relax marijuana research registration requirements,
including to require the Justice Department to register a research
applicant that is already authorized to dispense or research other
controlled substances; is compliant with state law; and, in the case of
clinical research, has had research protocols authorized by the Health
and Human Services Department -- unless approval of the application
would be 'inconsistent with the public interest.' It would establish a
process for the Justice Department to register applicants to manufacture
and distribute marijuana intended for exclusive use by registered
researchers. It would require HHS to continue producing marijuana
through the National Institute on Drug Abuse Drug Supply Program until
there is a sufficient supply for qualified researchers and to implement,
along with the Justice Department, a specialized process for
manufacturers and distributors to supply researchers with marijuana
products." The vote was on passage. The House passed the bill by a vote
of 343-75, thus the bill was sent to the Senate. [House Vote 108,
4/4/22; Congressional
Quarterly, 4/4/22;
Congressional Actions, H.R.
5657]
The Bipartisan Bill Would Remove Barriers To Conducting Marijuana
Research And Permitting Scientists To Access Cannabis From Legal
Dispensaries. According to Forbes, "U.S. House of Representatives
passed on Monday, April 4, a bipartisan marijuana research bill that
would remove barriers to conducting research on marijuana and allow
scientists to access cannabis from dispensaries of legal cannabis
states." [Forbes,
4/5/22]
The Bill Would Facilitate The Process For Researchers To Apply For
Approval To Study Cannabis By Ensuring Enough Cannabis Supply For
Research And Imposing Deadlines On Federal Agencies To Review Their
Applications On Time. According to Forbes, "The bill would ease
the process by which researchers apply for approval to study
cannabis by ensuring a sufficient supply of cannabis intended for
research and placing deadlines on federal agencies to consider
applications on time." [Forbes,
4/5/22]