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Senate Committee Criticizes Federal Research Barriers On Schedule I Drugs Like Marijuana And Psychedelics

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A powerful Senate committee has approved a spending bill and attached report that express concern about barriers to research for Schedule I drugs like marijuana, promote increased research into psychedelics and preclude federal health agencies from endorsing the legalization of controlled substances.

On Thursday, the Senate Appropriations Committee approved the spending legislation covering Labor, Health and Human Services, Education, and Related Agencies (LaborHHS), teeing it up for floor action.

While the bill itself again includes a section preventing the relevant agencies from using their funds to promote “the legalization of any drug or other substance included in Schedule I” of the Controlled Substances Act (CSA), language in the attached report is critical of the research implications of putting drugs in that restrictive category, where marijuana and psychedelics are current placed.

SEC. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.

(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.”

In the LaborHHS report, the committee said members are “concerned that restrictions associated with Schedule I of the Controlled Substances Act effectively limits the amount and type of research that can be conducted on certain Schedule I drugs, especially opioids, psychedelics, marijuana or its component chemicals, and new synthetic drugs and analogs.”

“At a time when we need as much information as possible about these drugs and antidotes for their harmful effects, we should be addressing regulatory and other barriers to conducting this research,” it says, adding that they appreciate that the National Institute on Drug Abuse (NIDA) issued a report identifying “challenges researchers face as a result of limited access to sources of marijuana, including dispensary products.”

Barriers to Research.—The Committee is concerned that restrictions associated with Schedule I of the Controlled Substances Act effectively limits the amount and type of research that can be conducted on certain Schedule I drugs, especially opioids, psychedelics, marijuana or its component chemicals, and new synthetic drugs and analogs. At a time when we need as much information as possible about these drugs and antidotes for their harmful effects, we should be addressing regulatory and other barriers to conducting this research. The Committee appreciates NIDA’s completion of a report on the barriers to research that result from the classification of drugs and compounds as Schedule I substances including the challenges researchers face as a result of limited access to sources of marijuana, including dispensary products.”

The report also includes two sections that deal with psychedelics specifically, including one that says committee members acknowledge “the increased interest and need to study psychedelics, including MDMA, ketamine, and psilocybin, and their potential therapeutic effects,” and they want the National Institutes of Health (NIH) to “expand its current research agenda” on that issue.

Further, the report urges NIH to work with the Food and Drug Administration (FDA) on “developing and supporting public-private collaborations to advance all forms of psychedelic research for therapeutic purposes.”

Psychedelic Research.—The Committee recognizes the increased interest and need to study psychedelics, including MDMA, ketamine, and psilocybin, and their potential therapeutic effects. The Committee encourages NIH to expand its current research agenda across its Institutes and Centers, potentially by forming a cross-Institute research group, and to encourage psychedelic research at the NIH Clinical Center. The Committee also encourages NIH to work with FDA in developing and supporting public-private collaborations to advance all forms of psychedelic research for therapeutic purposes.”

Finally, another section addresses psychedelic therapies, with members calling on HHS Secretary Robert F. Kennedy Jr. to “examine evidence-based care models for psychedelic or entactogenic-assisted therapies for treatment of mental health and substance use disorders.” It mandates that HHS deliver a report on any findings in the 2027 fiscal year.

Psychedelic Therapies.—The Committee encourages the Secretary to examine evidence-based care models for psychedelic or entactogenic-assisted therapies for treatment of mental health and substance use disorders. Specifically, HHS should assess the impact of current policies, oversight, and regulatory structures on care quality and patient outcomes; the cost implications of scaling-up models of care; focus areas for future Federal research; and care delivery best practices as well as challenges and opportunities in implementing these care delivery models in Federal health programs. The Committee requests an update on these activities in the fiscal year 2027 CJ.”

That likely will be a welcome mandate for Kennedy, who has repeatedly touted the therapeutic potential of psychedelics in the treatment of serious mental health conditions such as depression, post-traumatic stress disorder (PTSD) and addiction.

Kennedy is also working with the head of the U.S. Department of Veterans Affairs (VA), Doug Collins, to advance psychedelics-assisted therapy for military veterans, and he projected that eligible candidates will see expanded access to the novel treatments within the next year.

A GOP-controlled House committee last month separately approved an amendment attached to a must-pass defense bill that would require a “progress report” on an ongoing psychedelic therapy pilot program for active duty military service members and veterans.

While Congress has been notably amenable to psychedelics research proposals in recent sessions, the House Rules Committee on Monday separately blocked a bipartisan amendment to a spending bill led by Rep. Morgan Luttrell (R-TX) that would have given DOD another $10 million to support clinical trials into the therapeutic potential of substances such as ibogaine and psilocybin.

In other appropriations-related news, a Republican senator successfully blocked a proposed ban on hemp THC products that was included in a key spending bill, giving the industry a win amid contentious discussions around intoxicating cannabinoids.

The Senate also recently passed a spending bill with a provision that would allow U.S. Department of Veterans Affairs (VA) doctors to recommend medical marijuana to military veterans living in legal states.

The Senate Appropriations Committee also approved an appropriations measure that would maintain protections for states with medical marijuana programs, while omitting a separate proposal included in the House version of the annual appropriations legislation that would prevent the Justice Department from rescheduling cannabis.

Last month, meanwhile, House lawmakers advanced a spending bill that would maintain a controversial provision preventing Washington, D.C. from using its own tax dollars to create a regulated marijuana market.

Image element courtesy of Kristie Gianopulos.

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Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.

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