The commission overseeing Georgia’s medical cannabis program held a meeting special on Wednesday. They discussed recent letters from Drug Enforcement Administration (DEA), warning pharmacies that distributing THC under a program authorized by the state could put their business at risk.
Officials present at the meeting said that the letters are a barrier to expanding access to medical marijuana for patients. One letter called on supporters to contact Congress regarding the issue, while another alluded to possible litigation the state could file against DEA.
Georgia is the only state in the country to implement a plan for the distribution of medical marijuana via existing pharmacies, which already dispense other drugs. About 120 independent pharmacies already applied to offer cannabis products with low THC.
In its letter dated November 27, to pharmacies in the state DEA stated that pharmacies registered with the federal government “may only dispense Schedules II-V controlled substances of the Controlled Substances Act.” DEA-registered pharmacies cannot legally possess, handle, or dispense THC, marijuana, or any other controlled substance.
Despite the threats from the federal government, members of the Georgia Access to Medical Cannabis Commission said that they are still committed to ensuring safe access to patients.
GMCC chair Sid Johnson said that currently the state only has nine licensed dispensaries operating. Johnson said that 23 pharmacists are approved to offer medical marijuana. He described them as “a crucial part in ensuring patients’ access, especially in rural areas.”
Johnson stated that “we are well on our path to fully implement the Hope Act”, a law passed in 2019 that expanded Georgia’s medical marijuana program. “We will continue our mission to ensure access to medical cannabis to all patients throughout Georgia.”
He said that “we are in support of the Board of Pharmacy which grants licenses to pharmacists for the dispensing of medical cannabis.”
Jansen head, the general counsel of the commission, stated that she believes that since then, the Board of Pharmacy halted issuing licenses to pharmacies for dispensing medical cannabis. Head said that officials are discussing a response behind closed doors.
“I don’t think that the state is silent. She said that they are gathering information to determine the best course of action, while keeping the needs of their patients and industry in mind. “I’m aware that this isn’t super specific but things are developing as a result of the letter,” she said.
She suggested that any legal action would have to be taken by the office of the attorney general.
She said, “We are not the only players in this program and therefore it requires collaboration with our sister organizations.” “And then, obviously, any action we take would be done through the AG’s Office, the Executive Branch.”
Head highlighted a budget rider approved by Congress that prohibits the federal government from interfering in state-legal medical cannabis programs.
Head told the meeting that the DOJ is prohibited from using its resources in order to stop states from “implementing their own laws which authorize the distribution of medical marijuana or possession of it.” “And that is the program we have here in Georgia.”
She added that the budget rider limits federal law enforcement from “taking legal action directly against the states in order to stop us from promulgating our medical marijuana laws or enforcing them.”
The lawyer said that “whatever the intention of the DEA letters was,” more than half of the access points to medical relief, which is pharmacies, are impacted, and they’re at risk of not making this medication available to the patients as recommended by their doctors.
Head did not say explicitly that the state is considering a lawsuit in order to combat the DEA’s warnings. However, she outlined a possible path for the state to take to counter the threats.
Bill Prather is a member of the Commission and a pharmacist. He said he interpreted DEA correspondence as a warning shot.
Prather stated, “I do not own a pharmacies or any part thereof.” If I owned a pharmacy, I would see the letter as a direct threat against pharmacies. ‘”
Andrew Turnage said that the conflict shows “the need for the federal government to update laws and policies pertaining to the use of marijuana.”
He said that because it was a federal matter, he did not have the authority intervene. “But we want to encourage everybody to contact their member of Congress to express their concerns and wishes about this issue.”
Marijuana Moment sent emails to several members of Georgia’s U.S. House delegation last week and again this week. They did not reply. Staff for Sen. Raphael Warnock, who recently confronted banksters in a hearing about the importance of social equity in marijuana reform did not reply to emails. The office of Sen. Jon Ossoff (D) declined to comment.
Georgia’s Board of Pharmacy also has not responded to Marijuana Moments’ requests for comments.
Turnage, a state official, said that the plan was “definitely” discussed at the Cannabis Regulators Association (CANNRA) meeting.
The feedback we received was: “This is the way it should have been done from the start.” He recalled: “This model makes perfect logic. They also expressed concerns about learning of the DEA letter.
Head, general counsel of the organization, added: “A lot states that are also medical states are kind of eager to know more about what Georgia’s going to do.” “They are really interested in how Georgia will handle this tension.”
Head said that she was also happy to hear the support of regulators from other states at the CANNRA Meeting who “have dealt with the DEA [DEA] in different situations.”
She said, “They encouraged us to try and see it through. To not be afraid of challenges.” “I believe we had seven or eight states putting themselves forward to support Georgia if there were any developments in response the DEA’s letter. There are attorneys and attorneys generals who offer to help.
Brather, a physician, stated that it would be a great help to the distribution of this product if pharmacies were able to dispense the drug. There is, I believe, a pharmacy in every county in the state except for three or four.
He said that it would be of great help to the patients who are our main concern if they were able to get their medications in a local pharmacy.
Turnage, executive director of the commission, also agreed.
He said that it was important to have a licensed professional between a drug and a patient who has a medical problem. “And as far as we were able under the framework of the state’s laws, the Board of Pharmacy and the Commission have brought that vision to reality.”
Turnage said that while our licensed dispensaries can provide access to patients in Georgia, they are restricted in number and are not always in the immediate area of the patients’ homes.
One member of commission expressed his appreciation for DEA, claiming that it “provides value”.
Bill Bornstein is a doctor at Emory Healthcare and the chief medical officer. He said, “I don’t think we know enough about THC for us to use it safely.” “That is not to say that I don’t support what we’ve been doing in the state Georgia, but there are many more questions to be answered.”
Bornstein also said that similar DEA threats would not apply to doctors who do not technically prescribe marijuana to their patients, but merely certify someone as having a qualifying condition.
Georgia’s Board of Pharmacy started accepting applications in October from independent pharmacies for the dispensing of low-THC cannabis oils, which, under state law, can only contain 5 percent THC. In October, Georgia’s Board of Pharmacy began accepting applications from independent pharmacies to dispense low-THC cannabis oil. Under state law, the oil can contain no more than 5 percent THC.
The Atlanta Journal-Constitution published in the beginning of that month, that almost 120 pharmacies applied to the Board of Pharmacy for the right to dispense marijuana products manufactured by Botanical Sciences. This was one of two licensed producers of the state. Trulieve is the other licensed producer in Georgia. Pharmacies can also distribute medical cannabis.
In a release, the company stated that as of late October at least three pharmacies were dispensing Botanical Sciences’ products. A map posted on the company website indicates that more than 100 new stores are scheduled to open in the near future.
According to a report by the Associated Press, 90 percent of Georgians are within a 30 minute drive of a marijuana-selling pharmacy. The state allowance is only available to independent pharmacies and not large chains like CVS.
The DEA sent warning letters to Georgia pharmacists as part of the ongoing federal agency review of a Department of Health and Human Services’ (HHS) recommendation that marijuana be rescheduled to Schedule III under the Controlled Substances Act. The recommendation was made in late August and DEA is yet to act publicly on it.
The Congressional Research Service (CRS), based on previous precedent concluded that DEA was “likely to” follow HHS’s recommendation. However, DEA has the right not to follow HHS’s advice as it is the final authority over the Controlled Substances Act.
HHS released a heavily redacted version of the rescheduling memorandum in October. This was done to remove important information. The government released another 252-page batch of documents relating to the review this past week. Again, most of the information was redacted.
The new documents, in general, outline the scientific information that has been revealed over the past few years following an earlier rejection of a petition for rescheduling. HHS believes this new scientific data may now be necessary to reschedule marijuana.
The current review is primarily focused on the modern scientific considerations of whether marijuana has a CAMU [currently acknowledged medical use] as well as on the new epidemiological data relating to the abuse and misuse of marijuana since the HHS’s 2015 evaluation of marijuana using the CSA’s eight-factor assessment.
HHS notes it also “analyzed considerable data relating to the abuse potential for marijuana” but adds that this is a complex consideration “and no one test or assessment can provide a complete characterisation.”
Six Democratic Governors sent a letter to the Biden Administration earlier this month urging the rescheduling of marijuana be completed before the end the year . In a letter sent to a Georgia pharmacy by DEA, the agency implied that pharmacies could dispense marijuana if the drug was moved to Schedule III. However, pharmaceutical products first have to be approved and regulated by the Food and Drug Administration.
The letter of the governors states that “rescheduling marijuana aligns with a product that Americans can rely on.” It cites a survey that showed that 88 percent support legalization, whether for medical or recreational purposes. We may disagree on whether cannabis use or recreational legalization is a positive thing, but as governors we all agree that the cannabis market is here to remain, and the states have established strong regulations. Supporting the state-regulated marketplace for the safety of Americans is important.
The FDA would still have to approve marijuana-based medications before they can be legally sold in Georgia registered pharmacies.
A federally funded study finds that states that ban marijuana may ‘unintentionally promote’ unregulated Delta-8-THC products
The article Georgia Medical Cannabis officials weigh response to DEA threat against pharmacies, including possible lawsuit first appeared on Marijuana Moment.
