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

http://www.usdoj.gov/dea/programs/diverson/marinol.htm
[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.