Georgia Pharmacies threatened by DEA for dispensing medical marijuana under state law

Georgia became the first state in the U.S. to allow pharmacies sell medical marijuana. As of October, nearly 120 facilities had applied to sell cannabis oils. The federal Drug Enforcement Administration is now warning pharmacies to stop dispensing THC because it is still a Schedule I substance.

Matthew J. Strait is a DEA assistant administrator and deputy in the Diversion Control Division. He sent a letter to a Georgia-based pharmacy stating that all DEA registrants must adhere to federal laws and regulations. A DEA-registered pharmacies can only dispense Schedules II-V controlled substances of the Controlled Substances Act. No DEA-registered pharmacies can legally possess, handle, or dispense marijuana or THC.

Smart Approaches to Marijuana, an anti-cannabis group, first published the letter online on November 27. Marijuana Moment contacted DEA by email to verify the authenticity of the letter.

A congressional budget rider could complicate the DEA’s advice. It prevents the Department of Justice to spend resources on interfering with state medical marijuana laws. The provision, which was originally enacted in 2014, was extended to February 2024 last month.

The DEA’s threat to shut down state-authorized pharmacies providing medical cannabis oil for patients is not clear in light of the federal law that Congress has enacted.

In states that have legalized the use of medical marijuana, distribution has been avoided through traditional pharmacies to avoid conflict with federal laws and regulations. In the same way, doctors do not prescribe cannabis, as this is illegal under federal law. Instead, they make recommendations that are protected by First Amendment rights to maintain open communication between physicians and patients.

Georgia’s Board of Pharmacy, however, began accepting applications in October from independent pharmacies for the dispensing of low-THC marijuana oil. Under state law, this oil can only contain up to 5 percent THC. It was the goal to increase access to medical marijuana for patients who were previously restricted to only seven dispensaries in Georgia that opened since April.

In early October, The Atlanta Journal-Constitution reported that almost 120 pharmacies applied to the Board of Pharmacy for the right to dispense marijuana products manufactured by Botanical Sciences. Botanical Sciences is one of two licensed producers in the state. The state’s second licensed producer, Trulieve is also a source of medical cannabis that pharmacies can distribute.

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 pharmacies are scheduled to open in the near future.

According to an Associated Press report, if sales of medical cannabis were made online everywhere, 90 percent of Georgians could be found within 30 minutes of a marijuana-selling pharmacy. Hour. Only independent pharmacies are eligible for the state subsidy, not large chains like CVS or others.

Mindy Leech is a pharmacist at Lee-King Pharmacy in Newnan. She told AP that the Board of Pharmacy announced the announcement in October. It will help people feel more comfortable when they ask questions.

It’s not clear how the program will progress in light of recent DEA scrutiny. Georgia’s Board of Pharmacy didn’t immediately respond to Marijuana Moment’s request for comments about the agency’s letter. The state Department of Public Health also did not reply to an email sent Wednesday.

Botanical Sciences’ public relations representative did not respond immediately to a comment request.

Kevin Sabet of SAM, who is opposed to medical marijuana, cited the DEA guidelines in comments made on social media. He said that they support “the federal government’s position that marijuana does not qualify as medicine”.

@michaelmumper is the Executive Director of @GaMJpolicy. He agreed, saying that “Patients get their medication from their trusted pharmacy and assume those drugs are tested, FDA approved, and legal at federal level ,…

SAM (@learnaboutsam 6 December 2023

This is not the position of the federal authorities. In August, it was revealed that the Department of Health and Human Services had recommended that DEA reschedule cannabis as a Schedule III drug–a clear indicator that the agency believed that cannabis did offer medical benefits.

The DEA appears to be taking action in order to maintain federally regulated pharmacy’s under control as it completes the rescheduling process.

Since HHS ‘s recommendation for DEA to reschedule its schedule, the agency has largely remained silent.

The Congressional Research Service (CRS), a government agency, recently stated that DEA was likely to follow HHS’s recommendation based on previous precedent. However, DEA has the right not to heed the advice of the health agency because it is the final authority over the Controlled Substances Act.

Six Democratic Governors sent a letter to the Biden Administration on Tuesday, urging rescheduling to be completed before the end of this year . In a letter from the DEA to the Georgia Pharmacy, it was noted that pharmacies could dispense marijuana if cannabis were moved to Schedule III.

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 legalization for recreational use or cannabis use in general is a positive thing, but as governors we all agree that the cannabis market is here to remain, states have strong regulations and support the state-regulated market is important for the safety of Americans.

In response to a request for public records, the government released the rescheduling correspondence between HHS and DEA with a high degree of redaction . Redacted parts include the majority of the content, including the recommendation for scheduling marijuana and the scientific review that was included with the letter.

The document sent to DEA Administrator Anne Milgram states that the HHS recommendations were based on eight factors “determinative of control of a drug under 21 U.S.C. 81 1 (c).”

In response to a request for public records, the government released a highly redacted version of HHS’s rescheduling correspondence to DEA. Redacted parts include the majority of the content, including the recommendation for scheduling marijuana and the scientific review that was included with the letter.

The document sent to DEA Administrator Anne Milgram states that the HHS recommendations were based on eight factors “determinative of control of a drug under 21 U.S.C. 81 1 (c).”