DEA Warns Pharmacies Selling Medical Marijuana In Georgia That THC Oil Is Illegal To Dispense

The Drug Enforcement Administration (DEA) is warning pharmacies in Georgia that dispensing medical marijuana is not legal under federal law.

Nearly two months after the Georgia Board of Pharmacy allowed independent pharmacies to dispense THC oils, in what was considered a historic marijuana milestone, DEA-registered pharmacies received warnings that they were possibly in violation of federal law.

“A DEA-registered pharmacy may only dispense controlled substances in Schedules II-V of the Controlled Substances Act. Neither marijuana nor THC can lawfully be possessed, handled, or dispensed by any DEA-registered pharmacy,” wrote Matthew J. Strait, in a memo last month. Strait is deputy assistant administrator of DEA’s diversion control division.

“All DEA registrants, including DEA-registered pharmacies, are required to abide by all relevant federal laws and regulations,” per the memo, reported reported Smart Approaches To Marijuana (SAM). “Under federal law, products derived from the cannabis plant with delta-9 THC content above 0.3% are considered marijuana, a Schedule 1 controlled substance. Further, products that contain any amount of synthetically produced THC are considered to be tetrahydrocannabinols, likewise a Schedule 1 controlled substance.”

Cannabis Opponents Praise The Move

SAM is an organization opposed to marijuana legalization. Its president Kevin Sabet, a former White House drug policy advisor to Presidents Obama, Bush and Clinton, praised the DEA’s memo, criticizing Georgia's move to sell medical marijuana at pharmacies.

“The Georgia Pharmacy Board’s move to allow the sale of THC oils over the counter in drugstores is a disaster for public health because it implies an FDA endorsement of these dangerous, psychoactive products that can have very serious consequences for users, especially young people,” Sabet said. “The DEA’s repudiation of this policy is good news for consumers, and I applaud their affirming the federal government’s position that marijuana is not medicine.”

DEA AGREES THAT UNREGULATED THC OILS AREN’T MEDICINE

Georgia Pharmacies Face Crackdown from Federal Agency for Acting as Pot Shops

— SAM (@learnaboutsam) December 6, 2023

The Federal Government’s Position? 

Even though cannabis is still classified as a Schedule 1 substance, meaning it has no accepted medical value and has high abuse potential, this August the Health and Human Services recommended DEA reclassify marijuana to a Schedule III Substance. This indicates that the federal government’s position on marijuana has changed and that cannabis is recommended to be placed in the same category as ketamine, anabolic steroids and testosterone, acknowledging that it indeed has medical value. 

See Also: Study Confirms Medical Marijuana For Chronic Conditions Does Not Harm Cognitive Abilities

Marijuana Moment points out that there are potential challenges around the DEA’s advisory presented in a congressional budget rider that prohibits the Department of Justice from spending resources to intervene with the state medical marijuana laws. The provision is set to last until February 2024. 

Companies Providing Medical Marijuana

In October, CNN reported there are over 400 independent pharmacies in Georgia that could participate in the program. 

This November, Georgia Access to Medical Cannabis Commission granted provisional licenses to four more companies to produce low-THC oil. The licenses went to Fine Fettle GA, TheraTrue, Nature’s GA, and Treevana Wellness, according to Georgia Recorder. 

Previously, Georgia only had two licensed marijuana producers – Botanical Sciences LLC, and Trulieve Cannabis Corp TCNNF.

Photo: Benzinga edit with images from Tbel Abuseridze on Unsplash, Gordon Johnson on Pixabay and Wikimedia Commons