Twenty-First Century Illicit Drugs and Their Discontents: Why the FDA Could Not Approve Raw Cannabis as a “Safe,” “Effective,” and “Uniform” Drug

By Paul J. Larkin

The raw, agricultural form of cannabis is not capable of being approved for use by the Food and Drug Administration (FDA)—regardless of whether Congress or the U.S. Attorney General reschedules it downward from Schedule I. Rescheduling cannabis would not allow the drug to be distributed under federal law unless the FDA finds that it is a safe, effective, and uniform drug. The FDA could not do so under existing law, and the Attorney General cannot waive the Food, Drug, and Cosmetic Act’s requirements. Congress could do so by statute—but any such law would put at risk the health of users and nonusers in order to satisfy the desires of a minority for a transient high.

Washington, DC: The Heritage Foundation, 2023. 57p.