GOP Congressman Says 'FDA Ignored Marijuana's Risks' In Rescheduling Proposal, Argues Agency's Credibility 'Challenged By COVID'

A Republican congressman Dr. Andy Harris is issuing a letter to the Drug Enforcement Agency (DEA) criticizing the Department of Health and Human Services' (HHS) recommendation to reclassify cannabis to Schedule III under the federal Controlled Substances Act (CSA), first reported Fox New Radio. 

Rescheduling marijuana to Schedule III would acknowledge some of its medical values and place it in the same category as Tylenol, ketamine, anabolic steroids and testosterone.

"The FDA kind of made up a two-part test," Harris said. "And the two-part test was made up without purity safety efficacy in mind. New standards for efficacy. In fact, it kind of implies that if out in the world someone is prescribing this drug it must be efficacious. It's kind of completely backward. You are supposed to prove efficacy before people prescribe it. Not say ‘Because people are using it, it must be efficacious.' That's the basis of the FDA's judgment in this."

Harris went on to say that the FDA's credibility has been already challenged by the COVID-19 pandemic.

NEW: @RepAndyHarrisMD alleges the FDA's scheduling review for marijuana contained a "lack of rigor in the studies used."

Rep. Harris explains why he believes the FDA made up a new two-factor test to determine marijuana's "currently accepted medical use." pic.twitter.com/yKjn716yPr

— Ryan Schmelz (@RyanSchmelzFOX) January 31, 2024

"In addition to considering international treaty obligations, I urge you to consider that HHS' justification for making its recommendation to reschedule marijuana was flawed in many respects," Harris wrote in the letter. "First, the FDA ignored several important factors when considering marijuana's potential for abuse and harm to public health. The recommendation did not sufficiently examine the effect of daily marijuana use, a key indicator of addiction. The recommendation also failed to consider the public health damage caused by traffic fatalities due to individuals driving under the influence of marijuana."

The congressman's letter comes on the heels of another letter signed by 12 Democratic U.S. senators who urged the DEA to fully legalize cannabis.

Led by Elizabeth Warren (D-Mass.) and John Fetterman (D-Penn.), the senators sent a letter signed by Senate Majority Leader Chuck Schumer (D-N.Y.), to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Monday. They also asked for more insight on the agency's scheduling review of cannabis.

Impact On Pregnant Women And Other Questions 

Harris further highlighted the FDA's failure to discuss cannabis’ impact on pregnant women.

"The FDA also failed to compare marijuana's potential for abuse to many other Schedule I drugs, instead opting to hand-select drugs that appear more harmful. For example, the only comparator substance in Schedule 1 in recommendation was heroin," Harris wrote asking why the agency hadn't compared it to LSD or ecstasy.

In the end, Harris directed several questions to Milligram, such as:

• Will the DEA abide by the legally binding treaty obligations related to the drug scheduling as outlined in the Single Convention when determining marijuana's schedule?
• Does the FDA consider new FDA two-factor test an adequate method for determining a drug's currently accepted medical use? If so, why?

Congressmen asked for a response to his questions to be no later than Feb. 16.

See Also: Senator Gillibrand Urges Biden Administration To Deschedule Marijuana: ‘It’s A Medical Issue And It’s A Public Safety Issue’

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Photo: Benzinga edit with images by US House of Representatives via Wikimedia Commons and Jess Loiterton via Pexels