If marijuana were rescheduled without maintaining state-legal marketplaces, about one-third of users across the country would return to purchasing from the illegal market, according to a new poll.
NuggMD.com, a platform for medical marijuana doctor evaluations, surveyed nearly 800 users and revealed that 32% of them would opt for the illegal market if marijuana were rescheduled and made exclusively available through prescription drugs from the Food and Drug Administration (FDA).
In the scenario where the only legal avenue for obtaining marijuana involved purchasing it at a pharmacy with a prescription, 32% stated they would resort to the illicit market, while 55% expressed a preference for obtaining it through pharmacies.
The survey comes amid the recent recommendation by the U.S. Department of Health and Human Services (HHS) for the Drug Enforcement Agency (DEA) to reclassify cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).
However, such reclassification wouldn’t automatically categorize marijuana as a legal prescription drug. This is because the FDA’s drug approval process follows a separate process for drug approval, and it typically does not approve botanical substances as prescription medications.
Nevertheless, the poll reveals how marijuana consumers would respond to a situation where access is limited exclusively to pharmacies, treating marijuana similar to other Schedule III substances. These substances typically require a prescription and must be acquired at pharmacies or used under a doctor’s supervision.
The poll also sheds light on the perceptions of users regarding the potential rescheduling of marijuana.
While 47% of participants indicated that rescheduling wouldn’t impact their access to marijuana, a significant majority of 77% expressed a preference for obtaining cannabis from dispensaries, as opposed to using FDA-approved cannabis products available at pharmacies (18%).
In addition, the survey highlights the preferences of American marijuana users regarding the regulation at the federal level.
While 69% of respondents express a preference for each state maintaining its separate state market rather than a unified national market, a substantial 85% favor the descheduling of cannabis from the Controlled Substances Act (CSA) compared to rescheduling it to Schedule III of the CSA (15%).
Given that one-third of marijuana users would turn to the illegal market if access to marijuana is restricted to pharmacies only, Deb Tharp, Head of Legal and Policy Research at NuggMD, emphasized the potential negative outcome of pushing over 10 million individuals—calculated based on the assumption that 35 million Americans use cannabis monthly—into the unregulated market, highlighting concerns about its safety.
“I don’t think the severity of this situation is entirely clear to policymakers,” she said in a press statement.
The survey also highlights that consumers express resistance to the FDA or pharmaceutical companies playing a role in the regulation of marijuana. Instead, they prefer state-controlled markets, indicating a moderate to high level of trust in state regulations. Additionally, a noteworthy portion of these consumers is willing to obtain marijuana even if it means ignoring legal restrictions.
Tharp concluded the poll’s message for policymakers is twofold: first, to maintain the existing state marijuana markets, and second, to create a system that enables regulated retailers to sell products that consumers want without being overly burdened by the compliance requirements of the FDA. This suggests a call for a balanced regulatory approach that considers both state-level dynamics and the needs of marijuana consumers.
“Policymakers have used cannabis for more than a century to weaponize the law against people. They clearly know how to hold this industry down, so they must know how to prop it up,” she said.
While moving marijuana to Schedule III of the CSA might improve medical access and promote the development of FDA-approved drugs, this transition is a time-consuming process. State-regulated dispensaries will likely remain available for both medical and recreational users, as it could take years for FDA-approved products to reach pharmacies.
However, some experts caution that it’s unlikely for certain products, like the raw marijuana flower, to get approved. They emphasize the need for other medical-grade forms that could be sold in pharmacies.
Even if there are changes, the legal markets within states are expected to continue, ensuring people can still get what they need and reducing the need for the illegal market.