U.S. Sen. James Lankford, R-Oklahoma, is leading Senate opposition to a Drug Enforcement Administration (DEA) proposed rule to move marijuana from the list of federal Schedule I drugs to Schedule III.

Schedule I drugs have a high potential for abuse, no currently accepted medical use, and a lack of accepted safety under medical supervision. Schedule III drugs have a lower potential for abuse, a currently accepted medical use, and a moderate or low physical dependence or high psychological dependence.

In a letter jointly authored with U.S. Rep. Pete Sessions, R-Texas, and sent to Attorney General Merrick Garland, Lankford noted that the DEA rejected two petitions to remove marijuana from schedule I in 2016.

Since then, officials at the federal Department of Health and Human Services (HHS) have altered the methodology used to determine if a drug has an accepted medical use. Lankford warned that the changes made to that process may not only allow for marijuana to be placed in the less-restrictive category but also other serious drugs that are currently on the Schedule I list.

“In the past, marijuana has not been able to pass DEA’s long established five-part test to determine whether there is an accepted medical use,” Lankford wrote. “Marijuana still could not pass this test in 2024, so HHS decided to change the test to produce the desired outcome. The analysis provides no justification for dispensing with the longstanding precedent of the five-part test, other than claiming it is ‘too narrow.’ This is not sufficient justification to alter a process that has worked for decades. If the five-part test were to be abandoned, it calls into question the scheduling of other substances. The new and less stringent two-part test only considers whether there is ‘widespread current experience’ with medical use of the substance by health care practitioners in states where medical use is recognized and some credible scientific support for at least one of those medical uses.”

‘Significant Health Concerns’

Lankford noted that HHS has concluded that “the vast majority of marijuana use does not lead to dangerous outcomes,” and said it is “irresponsible for HHS to make this determination when emerging research shows that there are significant health concerns associated with marijuana use.”

Lankford noted a study published last year in Psychological Medicine found as much as 30 percent of schizophrenia cases in young men might have been prevented if they had not used marijuana.

Another recent study found a clear association between cannabis use and psychosis, anxiety, cognitive failures, respiratory adverse events, cancer, cardiovascular outcomes, and gastrointestinal disorders.

Another study on the cardiovascular effects of marijuana noted that the negative impact of marijuana on the cardiovascular system is “extremely worrisome” and needs more attention.

Another recent study found legalization of marijuana was associated with a 6.5 percent increase in car crashes that resulted in injuries and a 2.3 percent increase in car crashes that resulted in fatalities.

Finally, a study found that marijuana use among veterans with PTSD was associated with worse PTSD symptoms, more violent behavior, and alcohol use.

Lankford also noted that the U.S. Food and Drug Administration (FDA) has authorized use of only a handful of marijuana-related drugs and has never authorized use of the type of marijuana routinely sold on either the black market or through states’ “medical” marijuana stores.

“It remains the case that marijuana has no currently accepted medical use,” Lankford wrote. “The fact that states have labeled marijuana as ‘medicine’ does not change the nature of the drug. The FDA has approved one marijuana-derived drug and three synthetic marijuana-related drugs. The FDA has never approved the marijuana that is being sold in dispensaries across the country as ‘medicine’ for any disease or condition.”

Lankford noted that the National Institute on Drug Abuse (NIDA) estimates that 30 percent of marijuana users have marijuana use disorder, which includes individuals who are severely addicted to the drug. The amount of tetrahydrocannabinol (THC) in marijuana has significantly increased in recent years, which the Substance Abuse and Mental Health Services Administration (SAMHSA) has linked to higher rates of addiction.

Criminal Activity

“It is clear that this Proposed Rule was not properly researched, circumvented DEA, and is merely responding to the popularity of marijuana and not the actual science,” Lankford wrote. “We urge you to withdraw this proposal and maintain marijuana as a schedule I drug.”

Several of Lankford’s colleagues joined him in signing the letter, including U.S. Sens. John Thune, R-S.D.; Ted Budd, R-N.C.; Mitt Romney, R-Utah; John Cornyn, R-Texas; Shelley Moore Capito, R-W.Va.; Pete Ricketts, R-Neb.; Jerry Moran, R-Kan.; and Bill Hagerty, R-Tenn.

In a press release, Lankford noted that Oklahoma has thousands of licensed marijuana growers due to the state’s “medical marijuana” law, and the Oklahoma Bureau of Narcotics (OBN) believes many of those farms have a Chinese connection. The marijuana market in Oklahoma has also been associated with human trafficking, forced labor, and money laundering. In response, Lankford introduced the SOIL Act to prevent purchases of Oklahoma agricultural land by foreign entities.

The criminal activity associated with medical marijuana appears to have prompted backlash among Oklahoma voters.

When State Question 820, which would have legalized full-blown recreational use of marijuana, went before Oklahoma voters on March 7, 2023, it was overwhelmingly rejected. Nearly 62 percent of voters statewide opposed the legalization measure, and the proposal did not receive majority support in any of Oklahoma’s 77 counties.