maps • volume xvi number 3 • Winter 2006-7
Jag Davies
Jag Davies

Now that Democrats control both the House and the Senate, we’re in a great position to pressure DEA to accept a positive recommendation, if that is the outcome of our lawsuit.


Marijuana Production Facility Hangs in Balance: DEA Administrative Law Judge Recommendation Expected ...
Any Day

Jag Davies

WE'RE ON PINS AND NEEDLES. Any day, perhaps by the time you read this, we will know a lot more about the future course of medical marijuana research and policy reform for the coming years.

When lawyers representing Professor Lyle Craker, Ph.D., and the DEA submitted final legal briefs on May 8 after a ninemonth hearing, we anticipated a recommendation from DEA Administrative Law Judge (ALJ) Mary Ellen Bittner in three to six months. At the time of this writing, it has now been six months. Craker’s MAPSsponsored medical marijuana production facility, and, more importantly, the ability to conduct FDA-approved clinical trials investigating marijuana’s potential as a federally-approved prescription medicine, hang in the balance. Prof. Craker and MAPS have been attempting for over five years to obtain a Schedule I license from the DEA, the only regulatory hurdle blocking us from ending the federal government’s long-standing monopoly on the supply of research-grade marijuana.

Currently, the National Institute on Drug Abuse (NIDA) has a monopoly on the supply of research-grade marijuana, but no other Schedule I drug, that can be used in FDA-approved research. NIDA uses its monopoly power to obstruct research that conflicts with its vested interests. MAPS had two of its FDA-approved medical marijuana protocols rejected by NIDA, preventing the studies from taking place. MAPS has also been trying without success for almost four years to purchase 10 grams of marijuana from NIDA for research into the constituents of the vapor from marijuana vaporizers, a non-smoking drug delivery method that has already been used in one FDA-approved human study.

If DEA ALJ Bittner makes a favorable recommendation, it will be an extraordinarily unique window of opportunity to break NIDA’s marijuana monopoly and take the first steps toward developing marijuana into a federally-approved medicine. Unfortunately, though, a positive recommendation is not a guarantee that Prof. Craker will receive his license, because the DEA can still choose to accept or reject the ALJ’s recommendation. That’s right, the DEA does NOT have to follow the recommendations of the Administrative Law Judge appointed to oversee its decisions.

That’s why we’re now focused on preparing to pressure the DEA to accept Judge Bittner’s recommendation if she does recommend that the DEA should issue a Schedule I license to Prof. Craker. We already have support from 38 Congressional Representatives, Massachusetts Senators Kerry and Kennedy, and numerous key medical and public health organizations. Now that Democrats control both the House and the Senate, we’re in a great position to pressure DEA to accept a positive recommendation, if that is the outcome of our lawsuit.

For the last several months, MAPS has been working with David Ostrow, M.D., director of the Medical Marijuana Policy Advocacy Project, funded by the Marijuana Policy Project (MPP), to lobby the AMA to pass a two-fold resolution that would both urge DEA to approve private production facilities for marijuana and stop arresting patients in states that have approved the medical use of marijuana. Success at the AMA was beyond our reach, but worth the effort.

If we do receive a positive recommendation from Judge Bittner, we will need all supporters to contact their Congressional Representatives, so look out for an important announcement soon, if it hasn’t come already! •

For background information, media coverage, and the latest updates:

Spring 2010 Vol. 20, No. 1 Special Edition: Psychedelics, Death and Dying
Autumn 2009 Vol. 19, No. 3 MAPS Financial Report: Fiscal Year 2008-09
Summer 2009 Vol. 19, No. 2 MAPS Research Update 2009
Spring 2009 Vol. 19, No. 1 Special Edition: Psychedelics and Ecology
Winter 2008/09 Vol. 18, No. 3 MAPS 2008 Financial Report
Summer 2008 Vol. 18, No. 2 Phoenix Rising: A Review of MAPS Research
Spring 2008 Vol. 18, No. 1 Special Edition: Technology and Psychedelics
Winter 2007 Vol. 17, No. 3 MAPS 06-07 Fiscal Yearly Report
Autumn 2007 Vol. 17, No. 2 Special Edition: Psychedelics and Self-Discovery
Spring/Summer 2007 Vol. 17, No. 1 The Chrysalis Stage
Winter 2006-7 Vol. 16, No. 3 Low Maintenance/High Performance
Autumn 2006 Vol. 16, No. 2 Technologies of Healing
Spring 2006 Vol. 16, No. 1 MAPS' 20th Anniversary
Winter 2005 Vol. 15, No. 3 MAPS final year as a teenager
Summer 2005 Vol. 15, No. 2 Israel Conference: MDMA/PTSD Research
Spring 2005 Vol. 15, No. 1 Accelerating flow of work and time
Autumn 2004 Vol. 14, No. 2 Rites of Passage: Kids and Psychedelics
Summer 2004 Vol. 14, No. 1 10 stamps and $250,000
Winter 2003 Vol. 13, No. 2 Holy Fire
Spring 2003 Vol. 13, No. 1 60th Anniversary of the Discovery of LSD
Autumn 2002 Vol. 12, No. 3 Vision
Summer 2002 Vol. 12, No. 2 "From celebration to frustration, and back again."
Spring 2002 Vol. 12, No. 1 Sex, Spirit & Psychedelics 2002
Autumn 2001 Vol. 11, No. 2 "In the future, it will be called Despair."
Spring 2001 Vol. 11, No. 1 "A Tidal Wave of Ecstasy!"
Autumn 2000 Vol. 10, No. 3 Creativity 2000
Summer 2000 Vol. 10, No. 2 Endings and Beginnings
Spring 2000 Vol. 10, No. 1 Making History in Slow Motion
Winter 1999/00 Vol. 9, No. 4 To the Ends of the Earth for MDMA Research...
Autumn 1999 Vol. 9, No. 3 MAPS' long-standing efforts to conduct...
Summer 1999 Vol. 9, No. 2 MAPS has come full circle...
Spring 1999 Vol. 9, No. 1 Patience, persistence and passion
Winter 1998/99 Vol. 8, No. 4 One of special pleasures of directing MAPS...
Autumn 1998 Vol. 8, No. 3 The Ayahuasca Issue (with Hofmann interview)
Summer 1998 Vol. 8, No. 2 Emotionally Powerful Anecdotes...
Spring 1998 Vol. 8, No. 1 Death Has a Way of Focusing One's Attention
Autumn 1997 Vol. 7, No. 4 Celebration is in Order
Summer 1997 Vol. 7, No. 3 Time Horizons
Spring 1997 Vol. 7, No. 2 Synchronicity
Winter 1996/97 Vol. 7, No. 1 Learning to Crawl
Autumn 1996 Vol. 6, No. 4 An Invitation for Dialogue
Summer 1996 Vol. 6, No. 3 Budding Research
New Year 1996 Vol. 6, No. 2 Sending Down Roots
Autumn 1995 Vol. 6, No. 1 Baby Steps
Summer 1995 Vol. 5, No. 4 Opportunity Amidst Obstacles
Winter 1994/95 Vol. 5, No. 3 Clinical Trials and Tribulations
Autumn 1994 Vol. 5, No. 2 Building Towards Clinical Trials
Summer 1994 Vol. 5, No. 1 Politics and Protocols: In Search of a Balance
Spring 1994 Vol. 4, No. 4 Laying the Groundwork
Winter 1993/94 Vol. 4, No. 3 A Time of Tests
Summer 1993 Vol. 4, No. 2 So Close Yet So Far
Spring 1993 Vol. 4, No. 1 Remembrance and Renewal
Winter 1992/93 Vol. 3, No. 4 Forging New Alliances
Summer 1992 Vol. 3, No. 3 Building on Common Ground
Spring 1992 Vol. 3, No. 2 Small Steps, Gradual Progress, New Opportunities
Winter 1991/92 Vol. 3, No. 1 The Rekindling of a Thousand Points of Light
Summer 1991 Vol. 2, No. 2 MDMA protocol development with cancer patients
Winter 1990/91 Vol. 2, No. 1 MAPS' Swiss pharmacologically-assisted psychotherapy conference
Autumn 1990 Vol. 1, No. 3 What and Who is MAPS?
Summer 1989 Vol. 1, No. 2 Switzerland Leads the Way
Summer 1988 Vol. 1, No. 1 MDMA can become a legal medicine