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The DEA: Four Decades of Impeding And Rejecting Science (Drug Policy Alliance Report)
https://www.drugpolicy.org/resource/dea-four-decades-impeding-and-rejecting-scienceDirect link to PDF of report: https://www.drugpolicy.org/sites/default/files/DPA-MAPS_DEA_Science_Final.pdf
This report, co-published by DPA and MAPS, illustrates a decades-long pattern of behavior that demonstrates the Drug Enforcement Administration’s (DEA’s) inability to exercise its responsibilities in a fair and impartial manner or to act in accord with the scientific evidence. The report’s case studies reveal a number of DEA practices that maintain the existing, scientifically unsupported drug scheduling system and obstruct research that might alter current drug schedules. In addition to marijuana, the report also examines the DEA's speed in moving to ban MDMA, synthetic cannabinoids, and synthetic stimulants. In contrast to the DEA's failure to act in a timely fashion when confronted with evidence for scheduling certain drugs less severely, the agency has shown repeatedly that it can move quickly when it wants to prohibit a substance. The report recommends that responsibility for determining drug classifications and other health determinations should be completely removed from the DEA and transferred to another agency, perhaps even a non-governmental entity such as the National Academy of Sciences. The report also recommends the DEA should be ordered to end the federal government’s unjustifiable monopoly on the supply of research-grade marijuana available for federally approved research. No other drug is available from only a single governmental source for research purposes.
http://www.alternet.org/drugs/dea-four-decades-impeding-and-rejecting-science
The DEA is a police and propaganda agency. by Ethan Nadelman and Rick Doblin
Under the Controlled Substances Act (CSA) of 1970, the DEA’s powers include not just the ability to enforce federal drug laws, but the authority to schedule drugs and license facilities for the production and use of scheduled drugs in federally-approved research. The DEA is statutorily required to make its determinations based on scientific data. There is no indication in the legislative record that the CSA intended for drug classification to be a one-way ratchet, with only tighter controls ever envisioned. Nor was there any indication that the DEA’s decision-making process was intended to be an entirely political process.
Despite substantial evidence confirming marijuana’s medical benefits, the DEA has opposed any efforts to reform federal policy to reflect this. At the same time, the DEA has essentially blocked the FDA drug development route for marijuana by making it extremely difficult for researchers to obtain marijuana for clinical trials.
The DEA took 16 years to issue a final decision rejecting the first marijuana rescheduling petition, five years for the second, and nine years for the third. In two of the three cases, it took multiple lawsuits to force the agency to act.
(me: THE HOUSE OF REPS DOES THIS SAME THING BY LETTING BILLS DIE IN COMMITTEE YEAR AFTER YEAR.)
DEA Administrative Law Judges are government officials charged with evaluating the evidence on rescheduling and other matters before the DEA and making recommendations based on that evidence to the DEA Administrator. In the cases of the scheduling of marijuana and MDMA, the judges determined that that they should be placed in Schedule II instead of Schedule I, where they would be regulated by the Food and Drug Administration (FDA) as prescription medicines, but still retain criminal sanctions for non-medical uses. However, agency administrators overruled their Administrative Law Judges' recommendations, substituting their own judgments and ignoring scientific evidence. The current DEA head, Michelle Leonhart, also rejected a DEA Administrative Law Judge ruling that the DEA end its unique and unjustifiable monopoly on the supply of research-grade marijuana available for federally-approved research.
Under the Controlled Substances Act (CSA) of 1970, the DEA’s powers include not just the ability to enforce federal drug laws, but the authority to schedule drugs and license facilities for the production and use of scheduled drugs in federally-approved research. The DEA is statutorily required to make its determinations based on scientific data. There is no indication in the legislative record that the CSA intended for drug classification to be a one-way ratchet, with only tighter controls ever envisioned. Nor was there any indication that the DEA’s decision-making process was intended to be an entirely political process.
Despite substantial evidence confirming marijuana’s medical benefits, the DEA has opposed any efforts to reform federal policy to reflect this. At the same time, the DEA has essentially blocked the FDA drug development route for marijuana by making it extremely difficult for researchers to obtain marijuana for clinical trials.
The DEA took 16 years to issue a final decision rejecting the first marijuana rescheduling petition, five years for the second, and nine years for the third. In two of the three cases, it took multiple lawsuits to force the agency to act.
(me: THE HOUSE OF REPS DOES THIS SAME THING BY LETTING BILLS DIE IN COMMITTEE YEAR AFTER YEAR.)
DEA Administrative Law Judges are government officials charged with evaluating the evidence on rescheduling and other matters before the DEA and making recommendations based on that evidence to the DEA Administrator. In the cases of the scheduling of marijuana and MDMA, the judges determined that that they should be placed in Schedule II instead of Schedule I, where they would be regulated by the Food and Drug Administration (FDA) as prescription medicines, but still retain criminal sanctions for non-medical uses. However, agency administrators overruled their Administrative Law Judges' recommendations, substituting their own judgments and ignoring scientific evidence. The current DEA head, Michelle Leonhart, also rejected a DEA Administrative Law Judge ruling that the DEA end its unique and unjustifiable monopoly on the supply of research-grade marijuana available for federally-approved research.
..and more
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