We have to find a way to separate whole plant cannabis from pharmaceutical isolates...
Anthony Minniti is the only person we're aware of who has both a schedule III pharmaceutical distribution license (a pharmacy) and a cannabis dispensary in the entire country. Literally in the same building together in NJ.
If you don't consider what a person who owns both licenses is saying... you are being willfully ignorant.
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I come from a background that gives me a unique perspective on this entire issue. I have been a pharmacist, DEA registrant, and have run my own independent retail pharmacy for over 30 years.
I've worked within the framework of the CSA since 1984 when I began in the profession at age 14. I served as an elected official for over 17 years, was part of the effort to legalize cannabis in NJ, and own/operate the only dispensary in the nation that shares a building with a pharmacy.
In fact, our nearly 100 year old pharmacy dispensed compounded cannabis products from its founding in 1931 through/until 1937 when it was prohibited, making our facility the only pre-post cannabis outlet in the nation. I fully understand every aspect of this, from the professional, regulatory, and political angles, so it's fair to say that I'm an expert on this topic.
What most don't understand is what happens when a substance is classified as CIII. It triggers a cascade of regulatory requirements that would result in the complete seizure of the cannabis industry by the Federal government.
Because once a substance is classified as CIII? It falls squarely and completely under their control, hence the title, "CONTROL"led Substance Act.
Currently, as Schedule I, cannabis has no regulation other than being prohibited. There's no recognized medical use, so there's no FDA involvement. CIII substances are HIGHLY regulated.
This means that while the Federal government treats cannabis as less dangerous and acknowledges a Bonafide medical use (to which I agree), it now falls squarely under their control through the DOJ/DEA/FDA.
Does this sound like a positive development?
- Anthony Minniti
Allow me to continue to summarize and educate about what the DEA Registrant Manual spells out, because the DEA has already answered the question about how cannabis will be handled. They've already responded by stating that Cannabis will be treated the same as every other substance in the CIII class under the CSA. Here's what that means, again, straight from the manual. ALL entities that deal in a CIII must apply, be approved, and be registered with the DEA. If any principal in the company has any sort of felony conviction, ESPECIALLY for a drug conviction, their company will be denied a DEA license. Individuals who handle or "touch" cannabis, must likewise be approved. How many in this industry would pass this first step? Particularly with states' initiatives to promote social justice in ownership? In all likelihood, a broad swath of those who helped build and participate in this industry would be immediately excluded. CIII substances are PRESCRIPTION ONLY, meaning an end user can only possess a CIII substance subsequent to a prescriber's written order (prescription, not medical card). The quantity of the substance is capped, both in amount one can receive and how many times in any given time period they can receive it. A prescription for a CIII substance runs for 6 total fills (1 month supply + 5 refills) for a maximum of 6 months. After 180 days, a new prescription is required. Anyone who possesses a CIII and is not in full accordance with this law are guilty of felony possession of a controlled substance. There are no "recreational" vs "medical" CIII substances. For example, Cocaine, which many wrongly believe as being Schedule I, is CII. It is available by prescription (very uncommon, but possible) but mostly used only in the hospital setting. Not unlike current CIII Ketamine. Do we have "recreational" cocaine? Do we have adult use cocaine dispensaries? We do not. What happens if one is caught possessing cocaine? That's right. Jail, period. Does the CII designation make revenue from illicit cocaine sales "legal" and exempt from 280E? It does not. That is what will happen with cannabis. But let's look at ketamine, which has more recently gained mainstream use. Is there recreational ketamine? Can one obtain ketamine anywhere but a pharmacy? Without a prescription? They cannot. Which brings me to the next point. CIII substances are only available to the public through a licensed pharmacy. Are dispensaries licensed pharmacies, subject to a level of oversight and regulation that dwarfs that of the cannabis industry? The answer is no. All recreational dispensaries will be immediately out of business unless they find some way to become licensed pharmacies. In fact, most do not realize that medical "cannabis" has long been available. Marinol, which is a synthetic THC derivative, has been on the market for over 20 years, mostly used for cancer induced nausea. It never did very well, but as CIV medication (less restrictive than CIII), it is medical cannabis approved by the FDA and only available from a licensed pharmacy. If reclassification happens, all cannabis products will be similarly treated. Since prescription medications are non-taxable in most states, what would happen to all that revenue the individual states receive now? What do the revenues from CII cocaine and CIII Ketamine look like? That would be nonexistent. State budgets that depend on cannabis taxes would lose billions in revenue. Are the individual state shareholders aware of this? I'm certain they are not.
