Federal and Utah Controlled Substances Act
Congress passed the Controlled Substances Act (CSA) under the Nixon administration in 1970. Based on several factors, the law divided controlled substances into five different classifications (or schedules). These factors listed in the statute included, among others, the substance's actual or relative potential for abuse and its medicinal value.
The Drug Enforcement Administration (DEA) and the Food and Drug Administration (FDA) determine how a drug will be scheduled based on these factors. Schedule 1 drugs (such as heroin, LSD, cannabis, and psilocybin mushrooms) have the most significant potential for abuse and the most negligible medicinal value. In contrast, Schedule V drugs (such as cough suppressants and cold medicine) have the least potential for abuse and most acceptable medical usage. Schedule II drugs, including cocaine, methamphetamine, oxycodone, and opium, are arguably much more addictive and unhealthier than cannabis or psilocybin. Because of this, there has been a strong push by advocates to reschedule cannabis as a Schedule III drug, but so far, the DEA has refused to move.
Ironically, to reschedule cannabis, the federal government claims there needs to be more scientific research on its medicinal value; however, because cannabis is a Schedule I drug, the DEA can restrict how much actual research goes into the benefits of the drug, which just perpetuates the problem.
State Cannabis Programs
The CSA still prohibits these programs under federal law when it comes to state-run medical or recreational cannabis programs. However, state-run cannabis programs were allowed to operate under a series of memoranda issued by the U.S. Justice Department under the Obama administration—the Cole and Ogden memos. Unfortunately, these policies were later revoked in 2018 by U.S. Attorney Jeff Sessions under the Trump administration, so state-run dispensaries would still be considered violating federal law.
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Under Utah’s Controlled Substances Act, cannabis is listed as a Schedule I drug but has carved out an exception when it comes to its medical cannabis program. The Utah law decriminalizes the possession and use of cannabis under minimal circumstances, such as whether there was a medical cannabis card issued and the proper dosage was administered via an approved “medical cannabis device.” It’s also interesting to note the Utah Controlled Substances Act does not make an exception for hemp-derived cannabinoids (such as delta-8) like some other states do. However, this hasn’t stopped two medical cannabis companies in Utah (Standard Wellness and Zion’s Medicinal) from making delta-8 based products available for patients since the opening of their dispensaries. Despite the Federal Analog Act (a section of the Controlled Substances Act) that states any chemical that is "substantially similar" to a controlled substance listed in CSA Schedule I or II should be treated as if it were a Schedule I drug.
Years of research and state-run dispensaries have proven some substances on the Schedule I list (such as cannabis and psilocybin) have more accepted medical uses and a lower potential for abuse than the DEA would have you believe. Cannabis has been legalized medicinally in 36 states and recreationally in 18. Psilocybin mushrooms have been decriminalized in approximately eight cities across five different states including D.C. Oregon is the only state thus far to legalize psilocybin. Rescheduling cannabis to a Schedule III drug or de-scheduling it entirely would send a message that it’s not as dangerous as portrayed and allow for more scientific studies to be done on its medicinal benefits.