What would cannabis legalization mean for researchers?

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Last Friday, the United States House of Representatives voted to decriminalize cannabis. If this legislation passes the Senate, it may eliminate many obstacles scientists face in obtaining the drug for research purposes.

Although many states allow the cultivation and possession of marijuana in some circumstances, the drug is still listed as a Schedule I substance at the federal level. This means that possession is prohibited with the exception of federally-approved research studies. Approval for Schedule I substances requires more federal oversight than studies involving lower-scheduled drugs.

The stringent research approval process is not the only aspect of current marijuana policy that discourages scientists from studying the drug. A recent report from the Congressional Research Service lists challenges that the criminalization of marijuana presents for many sectors of the economy, including scientific research. According to the report, many institutes of higher education avoid research involving cannabis for fear of losing federal funds. The academic and industry laboratories that do pursue cannabis research face limits on the quality, strain, and potency of the marijuana they can obtain.

Even if the bill legalizing cannabis does not pass the Senate, regulations on researching the drug still may be on the horizon. In late March, the U.S. Senate passed the Cannabidiol and Marihuana Research expansion act, legislation aimed at advancing research into the health effects of cannabis.

This bill expands the circumstances under which the attorney general can approve research activities involving marijuana and clarifies the requirements a practitioner must meet to have their research approved. Marijuana would not be rescheduled under this act, but the legislation carves out exceptions for marijuana research in the current regulations on Schedule I drugs.

The recent legislative action around marijuana reflects growing consensus around decriminalization among voters in both parties. A February 2022 poll conducted by FTP Insights on behalf of the Coalition for Cannabis Policy, Education, and Regulation found that 70% of voters support marijuana legalization. This majority held across partisan lines, with 58% of Republicans, 83% of Democrats, and 70% of independent voters supporting decriminalization.