Ah, what twisted webs we weave...
The tortured logic of the DEA as it tries to make "the
major psychoactive component of Cannibas [sic] sativa L. (marijuana)" into
a Schedule III medication while keeping marijuana itself in Schedule I
[Federal Register: July 2, 1999 (Volume 64, Number
127)]
[Rules and Regulations]
[Page 35928-35930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Parts 1308, 1312
[DEA-180F]
Schedules of Controlled Substances: Rescheduling of
the Food and Drug Administration Approved Product Containing Synthetic
Dronabinol [delta-9-Tetrahydrocannabinol] in Sesame Oil and Encapsulated in Soft
Gelatin Capsules From Schedule II to Schedule III
AGENCY: Drug Enforcement Administration, Department of
Justice.
Dronabinol is the United States Adopted Name (USAN)
for the isomer delta-9 tetrahydrocannabinol, which is believed to be the major
psychoactive component of Cannibas [sic] sativa L. (marijuana). On May 31, 1985,
FDA approved for marketing the product Marinol--which contains synthetic
dronabinol in sesame oil and encapsulated in soft gelatin capsules--for the
treatment of nausea and vomiting associated with cancer chemotherapy. Following
this FDA approval, DEA issued a final rule on May 13, 1986, transferring
FDA-approved products of the same formulation as Marinol from schedule I to
schedule II of the CSA in accordance with 21 U.S.C. 811(a)... The transfer of
Marinol to schedule II did not affect the CSA classification of pure dronabinol,
which--as a tetrahydrocannabinol with no currently accepted medical use in
treatment in the United States--remains a schedule I controlled substance.
So, a drop of sesame oil and a soft gelatin shell make the difference
between Schedule I and Schedule II in 1986. Sesame oil and gelatin transform
dronabinol from prohibited drug into potent medicine, but "pure
dronabinol" has "no currently accepted medical
use in treatment in the United States [thus] remains a schedule I controlled
substance." If sesame oil has that kind of curative powers, open
sesame. Now let's watch the DEA as it plays a more elaborate game of mental
twister by keeping marijuana and "pure dronabinol" in Schedule I while
moving sesame oil and gelatin dronabinol to Schedule III. Behold:
Comments From the Public
DEA received comments regarding the proposed rule from ten
persons. Nine of the commenters supported the proposed rule. One commenter
objected to the proposed rule and requested a hearing thereon. The comments are
briefly summarized below.
The nine commenters who supported the proposed rule included
organizations, physicians, and one individual. Eight of the nine commenters who
supported the proposed rule expressed the opinion that Marinol is a safe and
effective alternative to smoking marijuana for treatment of nausea and loss of
appetite and has low abuse potential.
One commenter who supported the proposed rule expressed the
view that the rescheduling of Marinol should not serve as a substitute for
making marijuana legally available for medical use. This commenter stated that
it supported the use of marijuana for medical purposes and, therefore, wished to
emphasize that the proposed rule affected the CSA status of Marinol--not that of
marijuana, which remains a schedule I controlled substance.
Note that when you mention marijuana as medicine or see
through the DEA subterfuge (this rescheduling, as with the original 1986
scheduling, was an attempt to block moving marijuana out of Schedule I, as
evidenced by Drug Czar McCaffrey saying at the most recent rescheduling that
"the real medical marijuana" is now more readily available), you
become an "it". ("This commenter stated that it supported the use
of marijuana for medical purposes...") When the DEA not only makes you an
"it" for mentioning medical marijuana and for seeing through it
subterfuge but also tried to shut you up, as in my case, the letters
"sh" (for "quiet") are appended to the beginning of
"it".
The one commenter who objected to the proposed rule, and
requested a hearing thereon, asserted that Marinol should not be transferred to
schedule III unless and until marijuana and all other THC-containing drugs are
simultaneously and likewise rescheduled. This commenter asserted that Marinol
has the same potential for abuse as marijuana and all other THC-containing
drugs. This commenter agreed with the proposed rule that Marinol's potential for
abuse is less than the ``high potential for abuse'' commensurate with schedules
I and II of the CSA. Accordingly, this commenter agreed that Marinol should be
transferred to a less restrictive schedule than schedule II. However, this
commenter disagreed with what would be the resultant status of Marinol vis-a-vis
marijuana and THC if the [DEA rescheduling] becomes final: Marinol would be in
schedule III while marijuana and THC would remain in schedule I. This commenter
asserted that the CSA prohibited transferring Marinol to a less restrictive
schedule unless marijuana and all THC-containing drugs are simultaneously
transferred to the same schedule.
Makes perfect sense to me, even translated into the turgid DEA style. Let's
see what the DEA does with it.
DEA has determined that this commenter's objections are based
on a misinterpretation of the CSA, which can be addressed, as a matter of law,
without conducting a fact-finding hearing. Accordingly, as this commenter
presented no material issues of fact, DEA denied this commenter's request for a
hearing.
Well, at least "no material issues of fact" the DEA
wanted to deal with, at any rate. "Marinol has the
same potential for abuse as marijuana and all other THC-containing drugs,"
seems like a fact worth considering to me, as does, "marijuana and all
other THC-containing drugs [should be] simultaneously and likewise rescheduled."
As a wealthy man said about a century ago when he was told he
didn't have the right to do something, "What do I care about right? Ain't I
got the power?" What does the DEA care about right, reason, logic,
compassion, or decency? Ain't it got the power? You're damn right it does.