DEA Plans to Adopt Marijuana Growing Rules

The Drug Enforcement Agency announced that it intends to adopt rules for growing marijuana that will be used in medical and scientific research. The DEA will adopt these regulations prior to approving applications from companies to manufacture bulk quantities of marijuana. Notice was provided so that companies can withdraw previously submitted applications in light of the new rules or if the DEA’s approval of the application is no longer needed as hemp is now legal.

Companies can register as a manufacture bulk quantities of marijuana for DEA registered researchers. If approved, the growers may not engage in any other activities. The DEA evaluates that applications by ensuring that the company complies with all laws and regulations, and that the company has sufficient controls to prevent diversion. The DEA will only register the number of applicants needed to maintain a steady supply of marijuana that is needed for research.

The DEA received 33 applications to date, and expects to begin the Notice of Applications. Given the large number of applicants, the DEA worked with the Department of Justice and other federal agencies to revise internal policies and procedures related to the marijuana grower program. The DEA will replace the 2016 marijuana grower policy with the new robust rules.

The DEA’s rules will be a first set of federal regulations that oversee the cultivation of marijuana. We will soon see whether they closely resemble the USDA’s regulations for hemp cultivation, and whether the states will adopt the rule’s requirements.

Drug Enforcement Administration [Docket No. DEA–392]

Bulk Manufacturer of Controlled Substances Applications: Bulk Manufacturers of Marihuana ACTION: Notice of applications.

SUMMARY: The Drug Enforcement Administration (DEA) is providing notice of certain applications it has received from entities applying to be registered to manufacture in bulk a basic class of controlled substances listed in schedule I. Prior to making decisions on these pending applications, DEA intends to promulgate regulations that govern the program of growing marihuana for scientific and medical research under DEA registration. In addition, this notice informs applicants that they may withdraw their applications if they no longer need to obtain a registration because of the recent amendments made by the Agriculture Improvement Act of 2018 to the definition of marihuana to no longer include ‘‘hemp’’ as defined by law. DATES: Registered bulk manufacturers of the affected basic classes, and applicants therefor, may file written comments on or objections to the issuance of the proposed registration on or before October 28, 2019. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152–2639. To ensure proper handling of comments, please reference ‘‘Docket No. DEA–392’’ in all correspondence, including attachments.