The key GOP-led House Committee is calling for a review on the recommendation to reclassify cannabis under the Biden Administration. They are concerned about the “deviations from the prior review process” as well as “mental health risks of regular usage of high-potency pot.”
In a report attached to a large-scale spending bill for the 2026 fiscal year, the House Appropriations Committee included several sections focused on marijuana and hemp—while also encouraging further research into the therapeutic potential of psychedelics. On Wednesday, the panel will vote on bill language and its report.
The marijuana scheduling language used in the report is concerning for cannabis supporters and stakeholders. They state they are “concerned” about any deviations to the drug schedule evaluation standards. [Food and Drug Administration, or FDA] 2023 marijuana scheduling review.”
The U.S. Department of Health and Human Services, under former president Joe Biden’s leadership (HHS), recommended that the Controlled Substances Act be amended to move cannabis from Schedule I into Schedule III. The process has stalled since witnesses have raised legal objections in DEA hearing procedures.
Report section: “The Committee instructs the HHS inspector general to prepare a comprehensive report regarding the marijuana scheduling review for 2023, including, but without limitation, deviations from the current five-factor medical use testing, the justification for the new two-factor medical use testing and whether it will become the standard of all future reviews. Also, the use of limited numbers of comparators selected manually, as well as the inclusion of results of research that were not statistically significant and inconclusive, is included.”
Smart Approaches to Marijuana, a prohibitionist organization that has raised similar concerns in the past, is largely responsible for these issues. This language is also consistent with a previous version of agriculture spending legislation, which advanced in committee last year but wasn’t ultimately passed.
The Committee expresses concern about the reports of mental health risks associated with regular consumption of marijuana high in potency, especially among teenagers. The Committee urges the FDA support research into high-potency cannabis and its effects on adolescent’s brains, especially addictions and mental illnesses such as schizophrenia and psychosis.
“Marijuana Rescheduling.—The Committee is concerned about deviations from established drug scheduling evaluation standards in the FDA 2023 marijuana scheduling review. The Committee requests that the HHS Inspector-General completes a review of the marijuana scheduling for 2023, including but not limiting to the following: deviations to the current five-factor medical usage test; justifications for a newly accepted two-factor medical use standard and whether it will be used for future reviews. Reports of mental health risks associated with regular high-potency use, especially among teenagers, have the Committee concerned. The Committee calls on FDA to provide funding for research on marijuana high in potency and the effects it has on adolescents’ brains, particularly addiction and mental disorders such as psychosis or schizophrenia.
The panel discussed their concern with the “proliferation of products that are marketed in contravention of the [Federal Food, Drug, and Cosmetic Act (FFDCA)]The bill would prohibit all hemp products that contain “quantifiable amounts” of THC.
“The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer,” the report says. Such products could also contain harmful substances.
It continues, “The Committee is aware that FDA uses existing authorities for cannabis-related initiatives, including consumer education, research requests, policy and guidance around the cannabis-based product development and enforcement against those who violate laws.” “The Committee expects FDA continue and intensify these efforts in light of the proliferation and risks that cannabis-containing products that are non-FFDCA compliant pose to public safety.”
“Cannabidiol Oil Enforcement.—The Committee is concerned about the proliferation of products marketed in violation of the FFDCA, including products containing derivatives of the cannabis plant. The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer. The products can also be contaminated by harmful substances. The Committee is aware that FDA uses its existing powers to conduct cannabis-related initiatives, which include research, requests of data, education of consumers, guidance and policies around cannabis drug product development and enforcement against those who violate the law. In light of the increasing number and risks associated with cannabis-containing non-compliant products, the Committee expects FDA’s efforts to be intensified. It is also expected that FDA will take action against any manufacturers who market cannabis-containing products with illegal therapeutic claims. This would preserve the integrity and effectiveness of drug approval and development processes. “It is important that FDA continues to utilize its authority to encourage investment in clinical research of cannabis, so the therapeutic benefits can be better appreciated.”
In the report, members also expect FDA “to take enforcement action against any manufacturers of cannabis products that are marketed with illegal therapeutic claims in order to preserve integrity of drug development and approval process, to ensure that all products including those containing cannabis that are marketed as medicines have been subjected to a rigorous and scientifically-based evaluation, to ensure they’re safe, pure and potent for the conditions and diseases they claim to be effective to treat.”
It is important that FDA continues to use its authority to encourage investment in robust cannabis clinical studies so the therapeutic value of marijuana can be understood, said the committee.
The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, advanced the bill last week, stirring up controversy about provisions that prohibit cannabis products from containing “quantifiable amounts” of THC, as well as “any other cannabinoids with similar effects on animals or humans (or those that are marketed in a similar way)”
The advocates and stakeholders in the industry have put pressure on Congress, hoping that they will choose to adopt robust regulations that address their concerns instead of criminalizing an important part of the market.
A new section of this report states that “the Committee acknowledges the increasing consumer demand for hemp-derived American products, following the increased legalization of hemp in the Agriculture Improvement Act of 2018”. The Committee recognizes that as the industry expands to meet the consumer demand, it is necessary to provide clear and science-based guidelines to assure product safety, consumer trust, and regulatory clarity.
Members of Congress are instructing FDA to establish a task force consisting “of industry stakeholders including scientists, manufacturing companies, experts in public health, academics, researchers, and others relevant in industrial hemp’s community.”
“Quantifiable Limits Task Force.—The Committee recognizes the growing consumer demand for American made hemp-derived products following the expanded legalization of hemp under the Agriculture Improvement Act of 2018. The Committee recognizes that as the hemp industry expands to meet the consumer’s demand, it is important to have clear science-based guidelines to guarantee product safety and consumer confidence. The Committee instructs FDA to create a taskforce comprised of stakeholders in the industry, such as scientists, manufacturers and public health experts. It also directs other parties relevant to the industrial hemp communities. Task force members should give input to the FDA on quantifiable quantities of tetrahydrocannabinol and other cannabinoids found in hemp-derived products that are cannabinoid. This is required under this Act. The task force also needs to make recommendations for a consumer safety minimum floor in the form of uniform packaging, labels, testing and reporting adverse events. When making recommendations, the Task Force should also consider what actions are being taken by states to protect consumers from safety issues such as age and quantitative limits. The Committee instructs FDA to give an update on the progress and formation of the Task Force within 180 days after the enactment this Act. Final recommendations are to be made within a year.”
In addition, the committee will ask the U.S. Department of Agriculture, (USDA), to identify “programs that support plant-based crops like cotton, flax and hemp, as well as animal-based materials such as alpaca and wool,” before briefing lawmakers within 180 calendar days of their enactment about ways “to boost the support for both plant and animal fiber production and production processing.”
“U.S. Fiber Processing.—The Committee encourages USDA to identify programs, such as Value-Added Producer Grants and the Business and Industry Loan Program, that can support the production and processing of plant-based fiber crops, such as cotton, hemp, and flax, and animal-based fibers such as wool, alpaca, and leather. “The Committee requests that the Agency provide a written briefing on its efforts within 180 calendar days following the passage of this Act on how it is bolstering support for U.S.-based plant and animal fiber production and processing.”
The Republican-led Committee included language that acknowledged “the increasing interest and necessity to study psychedelics, qualified plant-based alternatives therapies, and their possible therapeutic effects.”
The Committee urges FDA to collaborate with them [Department of Defense] It says that the committee is “focused on using clinical trials as permitted by Title 10 United States Code Chapter 55 to better understand psychedelics.” The Committee urges FDA and DoD, to develop and support public-private collaboratives in order to progress psychedelic research to therapeutic uses.
The committee wants FDA and DOD to cooperate on “leveraging” clinical trials to “improve the understanding we have of psychedelics”.
“Breakthrough Therapies.—The Committee recognizes the increased interest and need to study psychedelics and qualified plant-based alternative therapies and their potential therapeutic effects. The Committee calls on FDA to partner with DoD in leveraging the clinical trials authorized under title 10 United States Code chapter 55 for a better understanding of psychedelics. “The Committee encourages FDA to collaborate with DoD in developing public-private partnerships to further psychedelics research for therapeutic uses.”
In a report that was included in a bill to fund Military Construction, Veterans Affairs, Related Agencies, it is also noted the ongoing research on psychedelics.
“New Treatments for PTSD.—The Committee is aware of privately funded research regarding potential new treatments for PTSD, including psychedelic-assisted-therapy and encourages the Department to monitor these efforts and review the results of existing and future clinical trials.”
Rep. Dan Crenshaw (R-TX) recently talked about his work to secure funding for studies into the therapeutic benefits of psychedelics such as psilocybin, MDMA and ibogaine—including the passage of legislation to require DOD clinical trials into such substances for active duty service members that then-President Joe Biden signed into law.
Meanwhile, another Republican congressman—Rep. Jack Bergman (R-MI) of the Psychedelics Advancing Therapies (PATH) Caucus—recently expressed optimism about the prospects of advancing psychedelics reform under President Donald Trump, arguing that the administration’s efforts to cut spending and the federal workforce will give agencies “spines” to tackle such complex issues.
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Kristie Gianpulos is the photographer of this image element.