Marijuana and the Americans with Disabilities Act: How Does the Controlled Substances Act Affect Disabled Americans?

As the Americans with Disabilities Act (ADA) reaches its 34th anniversary on July 26, one of the safest and most versatile medicines for treating disabilities – marijuana – remains illegal (at best, conditionally legal) at the federal level. In 2023, Head Magazine deconstructed the Controlled Substances Act (CSA) (21 U.S.C. 801 et seq.) to prove that there is no sound legal basis for maintaining marijuana’s federal illegality. In 2024, we turn our attention to the (losing) battle to reschedule marijuana in the CSA list, examining how this affects disabled people (otherwise) protected by the ADA.

IT’S YOUR LAST CHANCE TO LET YOUR VOICE BE HEARD!

BEFORE MONDAY, JULY 22, 2024, you can share your thoughts on rescheduling marijuana with the Drug Enforcement Administration by responding to the call for public comments here: https://www.federalregister.gov/documents/2024/05/21/2024-11137/schedules-of-controlled-substances-rescheduling-of-marijuana.

A Quick Recap of Marijuana Scheduling

In the context of the CSA, the Drug Enforcement Administration’s (DEA) scheduling determines a given substance’s degree of illegality at the federal level, along with any accompanying penalties. The degree of illegality aligns with the categories mapped out in the CSA, called “schedules,” of which there are five: Schedule I (highest) through Schedule V (lowest). Part B of the CSA (21 U.S.C. 812) explains every schedule, and the DEA maintains an alphabetized list of every scheduled substance. Here’s what has happened to marijuana over the years.

• 1970: Marijuana (spelled “marihuana” but alternatively identified by “cannabis” and “marijuana”) is placed in Schedule I of the newly established CSA.

• Oct. 9, 2002: The Coalition for Rescheduling Cannabis petitions the DEA to reschedule marijuana in schedules III, IV or V.

• Dec. 17, 2009: Rev. Bryan A. Krumm, a medical marijuana expert in New Mexico, petitions the DEA to reschedule marijuana in any schedule besides Schedule I.

• June 21, 2011: The DEA denies the coalition’s petition.

• Nov. 30, 2011: Washington Gov. Chris Gregoire and Warwick, Rhode Island, Mayor Lincoln D. Chafee petition the DEA to reschedule marijuana in Schedule II.

• July 19, 2016: The DEA denies Gregoire and Chafee’s petition (who, by then, weren’t the governor and mayor anymore).

• Aug. 12, 2016: The DEA denies Krumm’s petition.

• December 2018: Hemp (i.e., cannabis with less than 0.3% tetrahydrocannabinol [THC], including cannabidiol [CBD]) is removed from the CSA list with the Agriculture Improvement Act (aka Farm Bill) of 2018.

• December 2020: The World Health Organization reschedules marijuana, unofficially relieving the DEA of a treaty-derived, implied requirement to keep marijuana at Schedule I or Schedule II.

• Oct. 6, 2022: President Biden requests that the Department of Health and Human Services (HHS) review how marijuana is scheduled under federal law. (Note: The HHS’s evaluations are what guide the DEA’s decisions on scheduling.) The HHS initiates scientific and medical evaluations of marijuana with the Food and Drug Administration (FDA) and the National Institute on Drug Abuse.

• July 21, 2022: The Cannabis Administration and Opportunity Act is introduced in the Senate to decriminalize marijuana and remove it from the CSA. (As of July 2024, this bill has not advanced beyond being introduced.)

• Aug. 29, 2023: The HHS presents the findings of its evaluations and recommends to the DEA that marijuana be rescheduled from Schedule I to Schedule III.

• Jan. 29, 2024: Twelve senators (11 Democrats and one Independent) submit a letter to both the DEA and the HHS urging them to de-schedule marijuana (i.e., remove it from the CSA list).

• May 21, 2024: Acting on the HHS’s recommendation, the DEA issues a call for public comments on potentially rescheduling marijuana.

• July 9, 2024: The House Appropriations Committee blocks the Department of Justice (which the DEA falls under) from acting on the rescheduling plan by removing federal funding for any actions taken toward that. 

Thus, while the Senate is taking no action toward de-scheduling marijuana, the House is taking action against rescheduling marijuana. Congress’ demonstrated unwillingness to make the cannabis plant (“drug” genuinely applies only as a synonym for “medicine”) maintains the United States’ longstanding irrational health-care restrictions.

Ultimately, disabled Americans who could raise their quality of life with medical marijuana are left to choose either improved wellness through illegal conduct or sustained illness through legal conduct. It is tragically ironic that one legislative act, the ADA, ardently guarantees civil rights protection for the disabled while another legislative act, the CSA, makes criminals out of disabled people who assert their disability-related civil rights. 

A Quick Explanation of the Americans with Disabilities Act

The ADA National Network summarizes the ADA expertly as follows:

“The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life, including jobs, schools, transportation, and many public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

“In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made a number of significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).” (Editor’s note: The ADAAA is typically what is implied by “ADA,” and it is uncommon to use “ADAAA.”)

The Conflicting Natures of the CSA and the ADA

Whereas the ADA ensures individual liberties (i.e., civil rights) by imposing penalties on those who violate the rights protected, the CSA restricts individual liberties (i.e., civil rights) by imposing penalties on those who self-govern consumption habits. Lest the argument veer off course, note that this pertains only to someone’s decision to ingest a substance, not that person’s decision to endanger others through such things as driving under the influence. In those instances, laws intervene when two arenas of individual liberties cross. That is an entirely different matter from one person’s self-contained actions.

The CSA and ADA emerged from drastically different political agendas. The CSA is widely regarded as the stand-in for the race-based Marihuana Tax Act of 1937. When the 1937 act was deemed unconstitutional and repealed in 1969, the CSA was enacted as part of the (ill-fated) War on Drugs. By contrast, the ADA is the pinnacle of decades-long grassroots politics over disability anti-discrimination. That said, the constituencies for each act aren’t mutually exclusive; it’s not a left-versus-right issue. Individual liberties/civil rights protection is a passion shared across political ideologies and parties.

Rather, what sets the CSA and ADA up to clash is a difference of opinion on what constitutes an inalienable right and what constitutes a punishable offense. To illustrate the principle at play, here’s a hypothetical dilemma:

• Does a person’s (presumed) right to live override that person’s (presumed) obligation to behave within the confines of what a given culture deems moral, such that an immoral means of remaining alive (insofar as it does not violate another person’s presumed right to live) should be chosen over death?

OR

• Does a person’s (presumed) obligation to behave within the confines of what a given culture deems moral override that person’s (presumed) right to live, such that death should be chosen over using an immoral means to remain alive?

Those are put forth merely for discussion, and no opinion or verdict should be surmised. The objective is merely to show that perspective is what generates the contradictory nuances in two legislative acts that ostensibly hold the same weight in the federal legal system.

Marijuana’s Connection to Disabilities in the Legal Context

As a reminder, marijuana can be used medically to treat many disabilities, based on the ADA’s clarification of what constitutes a disability:

“A person with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities; has a history or record of such an impairment (such as cancer that is in remission); or is perceived by others as having such an impairment (such as a person who has scars from a severe burn). If a person falls into any of these categories, the ADA protects them. …

“The term ‘substantially limits’ is interpreted broadly and is not meant to be a demanding standard. But not every condition will meet this standard. An example of a condition that is not substantially limiting is a mild allergy to pollen. …

“Major life activities are the kind of activities that you do every day, including your body’s own internal processes. There are many major life activities in addition to the examples listed here. Some examples include actions like eating, sleeping, speaking, and breathing; movements like walking, standing, lifting, and bending; cognitive functions like thinking and concentrating; sensory functions like seeing and hearing; tasks like working, reading, learning, and communicating; [and] the operation of major bodily functions like circulation, reproduction, and individual organs.”

The HHS, through its National Institutes of Health, defines “medical marijuana” in simple terms: “Medical marijuana refers to using marijuana to treat certain medical conditions.” Thus, if marijuana is used to treat a certain medical condition that the U.S. government recognizes as a disability, an unambiguous connection between marijuana and disabilities presents itself. This is true regardless of whether the federal government sanctions that connection.

ADA-Protected Disabilities Treated Medically by Marijuana

The ADA is careful not to limit its definition of “disability” to only the disabilities named in the act, so the following subsections do not purport to represent the ADA comprehensively. The disabilities discussed in them were chosen for their identification by the Department of Justice as ADA-protected disabilities. Also, these subsections use the taxonomy established in botany (“Cannabis sativa L.,” simplified herein as “cannabis”) in lieu of the distinction between “hemp” and “marijuana” employed in federal legislation.

To clarify, in 21 U.S.C. 802, “marihuana” (spelled secondarily as “marijuana” one time) refers to “all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” In 2018, this section was amended to exempt “hemp,” which is defined in 7 U.S.C. 38 as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Given that Congress’ lexicon does not alter cannabis’s scientific or medical properties, that lexicon is dismissed in this discussion to enable a scientifically and medically accurate analysis. However, the focus remains on THC, the implied cannabinoid when “marijuana” is used, versus other cannabinoids, such as cannabidiol (CBD). This ensures that the discussion is transparent. Moreover, it generously overlooks the U.S. government’s patent for medical cannabis, which uses CBD instead of THC to treat epilepsy. That said, this article does examine how the federal government allows using THC (i.e., “marijuana”) medicinally too.

Explore why the “marihuana” spelling was used so often in U.S. laws by reading our historical analysis in “Reefer Madness: The Real Story Behind the Anti-Cannabis Classic.”

Autism Spectrum Disorder (ASD)

Although most studies focus on using CBD to treat ASD symptoms, the argument is made for THC in the 2022 webinar “Cannabis for Autism,” produced by Farmacy and hosted by the Natural Healing Center (NHC). Summarizing the findings shared, the NHC states:

“THC, or tetrahydrocannabinol, is one of the main compounds found within cannabis, and it may be beneficial for individuals with autism spectrum disorder. Studies have suggested that cannabis can help reduce anxiety and agitation in those with ASD, both of which are common symptoms associated with the condition.

“Additionally, cannabis may help to provide relief from muscle stiffness and improve sleep quality. With all this in mind, cannabis can potentially offer symptomatic relief more safely than some pharmaceutical products and without any of the risks associated with other forms of medical treatment. It has therefore become a promising option as an upcoming treatment for those living with autism spectrum disorder.”

As is so often the case, legal barriers to studying THC continue to obstruct further data collection. However, THC’s sister cannabinoid, CBD, has a wealth of research-backed studies describing how it alleviates ASD symptoms. Consult the Sources and Suggested Reading section for a sample of what’s available online.

Cancer

In “Marijuana and Cancer,” a subchapter in the American Cancer Society’s publication “Managing Cancer Care,” the society states that marijuana:

• When smoked, can help treat nausea and vomiting from cancer chemotherapy.
• When inhaled (smoked or vaporized), can help treat neuropathic pain (pain caused by damaged nerves).
• When smoked, can help improve food intake in HIV patients in studies.
• When consumed as an extract, diminishes a patient’s need for pain medicine.
• Can slow the growth of and/or cause death in certain types of cancer cells.

The society avoids explicitly endorsing cannabis, but makes the following statement in the same chapter:

“The American Cancer Society supports the need for more scientific research on cannabinoids for cancer patients, and recognizes the need for better and more effective therapies that can overcome the often debilitating side effects of cancer and its treatment. The Society also believes that the classification of marijuana as a Schedule I controlled substance by the US Drug Enforcement Administration imposes numerous conditions on researchers and deters scientific study of cannabinoids. Federal officials should examine options consistent with federal law for enabling more scientific study on marijuana.”

Cerebral Palsy

A study published in November 2023 in the Brazilian medical journal “Einstein” found that THC, particularly when supplemented with CBD, has the potential to treat the complex movement disorder cerebral palsy (CP). The report includes the obligatory skepticism attributed to inadequate research in the field, but puts forth a net-positive assessment of cannabis’s help with CP’s spasticity, inflammation and seizures. It frames the discussion as follows:

“Cannabinoid-based drugs, phytocannabinoids, and synthetic cannabinoids have multiple mechanisms of action including interactions with endocannabinoid receptors. In addition, cannabidiol may potentiate some of the beneficial effects of tetrahydrocannabinol (THC) as it reduces the psychoactivity of THC and allows patients to tolerate higher THC doses. Cannabidiol may also complement the anti-spasmodic effects of THC ( e.g., via local enhancement of glycine signaling; inhibition of endocannabinoid degradation; or delayed demyelination through anti-inflammatory, antioxidant, and anti-excitotoxic mechanisms).

“Cannabinoids have therapeutic potential in movement disorders. Synthetic cannabinoids, such as nabilone, dronabinol, and Sativex, are cannabinoid receptor agonists with effects similar to those of THC. They have been approved for clinical indications including spasticity, pain, and refractory epilepsy. However, its efficacy and safety in children with CP are uncertain, especially in the treatment of spasticity, pain, and seizures.”

Similar findings were published in July 2021 by “European Journal of Pediatrics.”

Diabetes

Cannabis is capable of but not guaranteed to treat diabetes, given the inconclusive evidence. Where it has proven useful, according to data obtained from the American Alliance for Medical Cannabis, it provided benefits spanning the portfolio of diabetes symptoms and complications. It stabilized blood sugar, suppressed arterial inflammation, prevented nerve inflammation, eased the pain of neuropathy, lowered blood pressure (over time), kept blood vessels open and improved circulation, and relieved muscle cramps and gastrointestinal pain. Also, one study concluded that cannabis can increase insulin sensitivity and lower fasting insulin levels.

Epilepsy

Although CBD is far better known for treating epilepsy than THC is, you can use THC to treat epilepsy. The “Father of Cannabis” himself, Raphael Mechoulam, Ph.D., said as much when commenting on his role in developing the first U.S. government-approved CBD-based epilepsy drug, Epidiolex. At the 13th European Congress on Epileptology (Vienna, Austria, August 2018), he stated:

“Both THC and CBD have antiepileptic activity; however, CBD can be given at very high doses because it has no side effects. THC above a certain dose can cause side effects; for people who have never used cannabis, that dose can be 5 milligrams. So we’re not interested in THC as an antiepileptic drug because above a certain dose, there are too many side effects.”

Human Immunodeficiency Virus (HIV)

A Congressional Research Service report from May 2, 2024, states the following:

“[The] FDA [Food and Drug Administration, which authorizes marketing and prescribing drugs] has also approved two drugs containing synthetic THC (Marinol [and its generic versions] and Syndros) and one drug containing a synthetic substance that is structurally similar to THC but not present in marijuana (Cesamet). These products are used to treat nausea and vomiting caused by chemotherapy as well as loss of appetite for individuals with human immunodeficiency virus (HIV). Additional drugs containing marijuana-derived THC and CBD are reportedly being developed.”

From the FDA’s Marionol® brochure:

“Dronabinol is a cannabinoid designated chemically as (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9- trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol. Dronabinol has the following empirical and structural formulas: Dronabinol, the active ingredient in MARINOL® Capsules, is synthetic delta-9- tetrahydrocannabinol (delta-9-THC). Delta-9-tetrahydrocannabinol is also a naturally occurring component of Cannabis sativa L. (Marijuana).”

From the SYNDROS homepage:

“SYNDROS (dronabinol) is the First and Only FDA-Approved CII Tetrahydrocannabinol (THC), a liquid cannabinoid used in adults to treat:

• Nausea and vomiting caused by anti-cancer medicine (chemotherapy) in people whose nausea and vomiting have not improved with usual anti-nausea medicines.
• Loss of appetite (anorexia) in people with AIDS (Acquired Immune Deficiency Syndrome) who have lost weight.”

From the FDA’s Cesamet™ brochure:

“Cesamet™ (nabilone) is a synthetic cannabinoid for oral administration. Nabilone as a raw material occurs as a white to off-white polymorphic crystalline powder. In aqueous media, the solubility of nabilone is less than 0.5 mg/L, with pH values ranging from 1.2 to 7.0. Chemically, nabilone is similar to the active ingredient found in naturally occurring Cannabis sativa L. [Marijuana; delta-9-tetrahydrocannabinol (delta-9-THC)].”

Post-Traumatic Stress Disorder (PTSD)

In 2019, the “Journal of Psychiatry & Neuroscience” published a study on using THC and CBD to treat post-traumatic stress disorder (PTSD). Among the findings is:

“There have been indications that cannabis or some of its components, primarily THC and CBD, diminish particular symptoms of PTSD. In this regard, in a small study (n = 10), 5 mg of THC twice a day as an add-on treatment enhanced sleep quality and reduced the frequency of night-mares, PTSD hyperarousal (based on the Clinician-Administered PTSD Scale) and global symptom severity. The synthetic analogue of THC, nabilone, similarly enhanced sleep, reduced nightmares and diminished other PTSD symptoms among patients. It seems, however, that the positive effects of THC in relation to PTSD are limited, leaving many features of this condition unaffected.2 Unfortunately, the available data showing a cannabinoid–PTSD link in human clinical trials have been relatively sparse and yielded mixed results, ranging from ameliorated symptoms to cautions concerning its efficacy.”

The “Journal of Affective Disorders” published a study in September 2020 that had a much larger sample size (more than 400 participants), took the approach of having subjects consume cannabis via smoking, and generated similar findings:

“All symptoms were reduced by more than 50% immediately after cannabis use. Time predicted larger decreases in intrusions and irritability, with later cannabis use sessions predicting greater symptom relief than earlier sessions. Higher doses of cannabis predicted larger reductions in intrusions and anxiety, and dose used to treat anxiety increased over time. Baseline severity of all symptoms remained constant across time. …

“Cannabis provides temporary relief from PTSD-related symptoms. However, it may not be an effective long-term remedy as baseline symptoms were maintained over time and dose used for anxiety increased over time, which is indicative of development of tolerance.”

Continued demonstrations of reduced PTSD-induced nightmares surfaced in study after study, including a “Journal of Anxiety Disorders” report published in December 2022.

In 2021, an FDA-regulated study found that PTSD patients smoking cannabis with higher levels of THC improved. The findings, which appeared in “PLOS ONE,” are noncommittal but do contribute to the discussion of whether marijuana/THC can treat the ADA-protected disability PTSD. From the report:

“The present study is the first randomized placebo-controlled trial of smoked cannabis for PTSD. All treatment groups, including placebo, showed good tolerability and significant improvements in PTSD symptoms during three weeks of treatment, but no active treatment statistically outperformed placebo in this brief, preliminary trial. Additional well-controlled and adequately powered studies with cannabis suitable for FDA drug development are needed to determine whether smoked cannabis improves symptoms of PTSD.”

Traumatic Brain Injury

Clinical and pre-clinical research published in March 2023 in the “Journal of Neuroinflammation” found that THC can treat traumatic brain injury (TBI) symptoms. It states:

“THC could limit nausea and vomiting within the context of acute TBI, [but] THC has also been directly studied in models of TBI pathology and indirectly in some clinical TBI populations with encouraging results for therapeutic potential beyond the context of nausea.”

A similar conclusion was reached in a June 2023 report in “Beyond Weed: Clinical Applications of Cannabis and Cannabinoids” on treating TBI with cannabis:

“Neuropsychiatric conditions, including depression, pain, and anxiety were frequent in this group. The most common forms of medical cannabis consumption at intake included smoking, vaping, and oral ingestion. Patients used a combination of high tetrahydrocannabinol (THC)/low cannabidiol (CBD) and low THC/high CBD products, typically 1–3 times per day. Medical cannabis appeared to be relatively well-tolerated in subjects, with few serious side effects. At follow-up, subjects self-reported improvements in TBI symptoms, although these were not statistically significant when assessed using validated questionnaires. … Overall findings indicate modest potential benefits of medical cannabis for TBI, but further research will be required to validate these results.”

More remarkable findings were presented in April 2024 in a study on the helpfulness of cannabis consumption before experiencing a TBI, imparting neuroprotection. Given that the study does not specify whether THC in particular was the property responsible for the benefits obtained from cannabis, an inquiry would need to determine whether it aligns with the point being made in this article.

 

What Changes for ADA-Protected People If Marijuana is Rescheduled or De-scheduled

Current Situation at Schedule I

As a Schedule I controlled substance, marijuana, in the treatment of disabilities:

• May not be prescribed legally (at the federal level) by a doctor.
• Puts consumers and workers in states with legal/decriminalized marijuana at risk of arrest and prosecution, potentially leading to heavy fines and jail time.
• Creates a barrier to employment, housing and educational opportunities.
• Is not covered by insurance or health care welfare programs (e.g., Medicare).
• May not accompany passengers on planes, trains or any other means of transportation.

As such, one can argue that Americans with disabilities who elect to treat their disability with marijuana are being denied ADA protection insofar as the CSA’s control of marijuana incites discrimination against them. This applies to three-fourths of ADA protection: employment (ADA Title I), state- and local-government-provided services (ADA Title II), public transportation (also ADA Title II), and public accommodations (ADA Title III).

As long as the medicine best suited for their individual needs is deemed illegal, they effectively forfeit the ADA’s protection by taking care of themselves. In Section 12114 of the ADA, a qualified individual with a disability “shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.” Therein lies the paradox: The very law (ADA) meant to make their lives as disabled people less difficult makes their lives more difficult if they don’t limit themselves to treating their disabilities in a way deemed permissible by someone other than they and/or their physicians. (Note: This is unique to federal law, and states with legal medical marijuana apply anti-discrimination laws differently from how the federal government applies them.)

Rescheduling Marijuana from Schedule I to Schedule III

As a Schedule III controlled substance, marijuana could legally be prescribed by doctors. This would remove the “illegal drugs” loophole that revokes ADA protection for those warranting said protection. (It goes without saying that this is conditioned upon the disabled person having a valid prescription for the marijuana.) Other drugs in CSA Schedule III include Tylenol with codeine, ketamine, buprenorphine, anabolic steroids and testosterone.

What would not change is the legal status of marijuana. Without a valid prescription for medical marijuana, anyone manufacturing, distributing, dispensing and/or possessing marijuana would be a criminal. This means that Americans with disabilities are still subject to a hardship compounding their disability: the means (financial and otherwise) to obtain a prescription. For that reason (and many others), there is a call for removing marijuana from the CSA list (i.e., de-scheduling it) and regulating it like alcohol and tobacco.

De-scheduling Marijuana

If marijuana is removed from the CSA list, it will still be regulated by the FDA, and it will still have tightly controlled access (again, comparable to alcohol and tobacco). However, Americans with disabilities will have greater individual liberty in determining how to lessen the burden imposed on their lives by their disabilities.

Also, there would be second-order benefits to disabled people. One is that research and development in marijuana pharmacology could finally flourish. The existing obstacles to obtaining funding – let alone approvals – for this would be removed, enabling discovering the yet-unknown extent of marijuana’s healing properties. Another is that marijuana businesses would gain access to standard tax deductions for ordinary business expenses. The savings would be passed on to consumers (basic microeconomics), including disabled people.

Conclusion

If the DEA doesn’t follow through on the HHS’s recommendation to reschedule marijuana, it will be the first instance of a DEA-HHS scheduling deviation. Once the public comment period closes on July 22, 2024, the DEA will have tens of thousands of comments (hopefully, one of yours) to go over while deliberating. A refusal to downgrade marijuana maintains the clash between the CSA and the ADA – in the spirit of the law, if not the letter of the law.

Will Americans with disabilities be relieved of senseless undue hardship? That’s a mystery with no expiration date, to be sure, given that it takes up to nine years for the DEA to reach a decision when petitioned. In the meantime, let’s see how many more states will legalize medical marijuana before the DEA gets back to the American people with its answer. As of July 2024, 38 states and D.C. have legalized medical marijuana. Maybe the DEA is holding out for those other 12 states to join the club, and then it’ll magnanimously rule in marijuana’s favor and be everyone’s hero.    

Kathleen Hearons is a writer, editor, linguist and voice over actor from Los Angeles. She specializes in creative writing and research-intensive analysis and reporting.  

 

 

 

Sources and Suggested Reading

“5 Achievements of Professor Raphael Mechoulam.” Mamedica Limited. Accessed July 13, 2024. https://mamedica.co.uk/5-achievements-professor-raphael-mechoulam/.

7 U.S.C. 38: Agriculture, Subchapter VII: Hemp Production (Title 7 – Agriculture, Chapter 38 – Distribution and Marketing of Agricultural Products). U.S. Congress. Accessed July 13, 2024. https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter38/subchapter7&edition=prelim. 

21 U.S.C. 321: Definitions; generally (Title 21 – Food and Drugs, Chapter 9 – Federal Food, Drug and Cosmetic Act, Subchapter II: Definitions). U.S. Congress. Accessed July 13, 2024. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section321&num=0&edition=prelim.

21 U.S.C. 801: Congressional findings and declarations: controlled substances (Title 21 – Food and Drugs, Chapter 13 – Drug Abuse Prevention and Control, Subchapter I – Control and Enforcement, Part A – Introductory Provisions). U.S. Congress. Accessed July 11, 2024. https://www.govinfo.gov/content/pkg/USCODE-2014-title21/html/USCODE-2014-title21-chap13-subchapI.htm.

21 U.S.C. 801: Congressional findings and declarations: controlled substances (Title 21 – Food and Drugs, Chapter 13 – Drug Abuse Prevention and Control, Subchapter I – Control and Enforcement, Part B – Authority to Control; Standards and Schedules). U.S. Congress. Accessed July 13, 2024. https://www.govinfo.gov/content/pkg/USCODE-2011-title21/html/USCODE-2011-title21-chap13-subchapI-partB.htm.

Abizaid, Alfonso, Zul Merali and Hymie Anisman. “Cannabis: A potential efficacious intervention for PTSD or simply snake oil?.” Journal of Psychiatry & Neuroscience, Vol. 44, Iss. 2 (2019): 75-78. doi:10.1503/jpn.190021. Accessed July 13, 2024. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6397040/.

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Agarwal, Nitin, Rut Thakkar and Khoi Than. “Sports-related Head Injury.” American Association of Neurological Surgeons. April 11, 2024. Accessed July 13, 2024. https://www.aans.org/patients/conditions-treatments/sports-related-head-injury/.

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Angley, Natalie. “Medical marijuana and autism: ‘I’m getting my boy back,’ mom says.” CNN. Last updated December 20, 2021. Accessed July 13, 2024. https://www.cnn.com/2021/12/19/health/autism-medical-marijuana-cbd-weed-documentary/index.html.

“Basis for the Recommendation to Reschedule Marijuana Into Schedule III of the Controlled Substances Act.” U.S. Public Health Service, Department of Health and Human Services. August 29, 2023. Accessed July 11, 2024. https://www.dea.gov/sites/default/files/2024-05/2016-17954-HHS.pdf.

Bialer, Meir. “Raphael Mechoulam and the history of cannabis research.” Epigraph, Vol. 21, Iss. 1 (Winter 2019). Accessed July 13, 2024. https://www.ilae.org/journals/epigraph/epigraph-vol-21-issue-1-winter-2019/raphael-mechoulam-and-the-history-of-cannabis-research.

Bonn-Miller, Marcel O., et al. “The short-term impact of 3 smoked cannabis preparations versus placebo on PTSD symptoms: A randomized cross-over clinical trial.” PLOS ONE. March 17, 2021. Accessed July 13, 2024. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0246990.

“Cancer Stat Facts: Common Cancer Sites.” National Cancer Institute, National Institutes of Health, U.S. Department of Health and Human Services. Accessed July 13, 2024. https://seer.cancer.gov/statfacts/html/common.html.

“Cannabis and Autism.” Natural Healing Center. Accessed July 13, 2024. https://nhcdispensaries.com/blog/cannabis-and-autism/.

“Cannabis for Autism.” “Farmacy Cannabis Lecture Series” video. Whole Plant Access for Autism. Accessed July 13, 2024. https://vimeo.com/743304488.

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