Governors File Petition to Reclassify Marijuana

Rhode Island Governor Lincoln Chafee and Washington Governor Chris Gregoire announced today that they have filed a petition with the U.S. Drug Enforcement Administration asking the agency to reclassify marijuana as a Schedule II drug, which would allow its use for medical treatment if prescribed by a doctor.

The petition would require the Federal Drug Administration to conduct a new scientific review and analysis of recent advances in Cannabis research since the last time the FDA reviewed the matter in 2006.

Although 16 states have passed laws allowing for limited use of medical marijuana, on the federal level, the drug is still considered illegal. Chafee halted plans to create in the state last month after federal officials told him that "Rhode Island’s compassion centers will be potential targets of “vigorous” criminal and civil enforcement efforts by the federal government."

One application for a legal distribution center was filed in Woonsocket and in January, the City Council to limit the proximity of such centers to schools, churches and day care facilities.

“Americans’ attitudes toward medically prescribed marijuana are changing, and medical organizations throughout the country – including the Rhode Island Medical Society and the American Medical Association – have come to recognize the potential benefits of marijuana for medical use,” Chafee said. “Patients across Rhode Island and across the United States, many of whom are in tremendous pain, stand to experience some relief. Governor Gregoire and I are taking this step to urge the Federal Government to consider allowing the safe, reliable, regulated use of marijuana for patients who are suffering.”

“Poll after poll shows an overwhelming majority of Americans now see medical marijuana as legitimate,” said Gregoire. “Sixty percent of voters in our state said yes on a 1998 ballot measure. An ever-growing number of doctors now tell thousands of suffering patients they may find relief from the unique medicinal qualities of cannabis. There is simply no question that pharmacists could safely and reliably dispense cannabis to patients -- just as they do for other controlled and more problematic drugs.”

Currently, the DEA classifies marijuana as a Schedule I drug. According to the DEA, drugs listed in schedule I have no currently accepted medical use in treatment in the United States and, therefore, may not be prescribed, administered, or dispensed for medical use. In contrast, drugs listed in schedules II-V have some accepted medical use and may be prescribed, administered, or dispensed for medical use, with controls.

Two years ago, the American Medical Association reversed its position and now supports investigation and clinical research of cannabis for medicinal use. And The American College of Physicians recently expressed similar support. The Rhode Island Medical Society supports reclassification, as do the Washington State Medical Association and the Washington State Pharmacy, in addition to many other state medical associations.

The Governors’ petition includes a substantive science-based report that has been peer reviewed and cites more than 700 independent references, many of which are new science since 2006. It details non-smoking methods, and describes how recent scientific developments like affordable DNA analysis supports the pharmacy model. With modern DNA analysis, it is easy to determine the plant’s beneficial compound – and with current technology readily available today, a compounding pharmacist could easily and inexpensively quantify the levels of cannabinoids, and then use the appropriate cannabis blend to create a customized medication for an individual patient.  

Under the Controlled Substances Act, any interested party is allowed to petition to add, delete or change the schedule of a drug or other substance. When a petition is received by the DEA, the agency begins its own investigation of the drug.