A key GOP-led House committee is asking for a review of the cannabis rescheduling recommendation issued under the Biden administration, expressing concerns about “deviations” from a prior review process as well as the “mental health hazards of regular use of high-potency marijuana.”

In a report attached to a large-scale spending bill for the 2026 fiscal year, the House Appropriations Committee included several sections focused on marijuana and hemp—while also encouraging further research into the therapeutic potential of psychedelics. The panel is set to vote on the bill and report language on Wednesday.

For cannabis advocates and stakeholders, however, the report’s marijuana scheduling language is troubling, with members stating that they’re “concerned about deviations from established drug scheduling evaluation standards in the [Food and Drug Administration, or FDA] 2023 marijuana scheduling review.”

Under former President Joe Biden, the U.S. Department of Health and Human Services (HHS) recommended to the Drug Enforcement Administration (DEA) that cannabis be moved from Schedule I to Schedule III of the Controlled Substances Act (CSA). That process has since stalled out amid legal challenges from witnesses in DEA administrative hearing proceedings.

“The Committee directs the HHS Inspector General to complete a report on the 2023 marijuana scheduling review including but not limited to: deviations from the established five-factor currently accepted medical use test, justification for a new, two-factor currently accepted medical use test and whether this will be the standard for all future reviews, use of a limited number of hand-selected comparator substances, and inclusion of research results that are not statistically significant or inconclusive,” the report section says.

The flagged issues largely echo concerns raised by prohibitionist organizations such as Smart Approaches to Marijuana (SAM). And the language is consistent with an earlier version of the agriculture spending legislation that advanced though committee but was not ultimately enacted last session.

“The Committee is concerned about reports of the mental health hazards of regular use of high-potency marijuana, particularly among adolescents,” it says. “The Committee encourages the FDA to support research on high-potency marijuana and its effects on the adolescent brain, specifically regarding addiction and mental illness such as schizophrenia or psychosis.”

“Marijuana Rescheduling.—The Committee is concerned about deviations from established drug scheduling evaluation standards in the FDA 2023 marijuana scheduling review. The Committee directs the HHS Inspector General to complete a report on the 2023 marijuana scheduling review including but not limited to: deviations from the established five-factor currently accepted medical use test, justification for a new, two-factor currently accepted medical use test and whether this will be the standard for all future reviews, use of a limited number of hand-selected comparator substances, and inclusion of research results that are not statistically significant or inconclusive. The Committee is concerned about reports of the mental health hazards of regular use of high-potency marijuana, particularly among adolescents. The Committee encourages the FDA to support research on high-potency marijuana and its effects on the adolescent brain, specifically regarding addiction and mental illness such as schizophrenia or psychosis.”

Elsewhere in the report, the panel also talked about their problem with “the proliferation of products marketed in violation of the [Federal Food, Drug, and Cosmetic Act (FFDCA)], including products containing derivatives of the cannabis plant,” which is consistent with provisions of the underlying bill that would ban all hemp items containing “quantifiable” amounts of THC.

“The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer,” the report says. “Such products may also be contaminated with harmful substances.”

“The Committee recognizes FDA’s use of existing authorities to undertake cannabis-related efforts, including research, requests for data, consumer education, issuance of guidance and policy around cannabis-based drug product development, and enforcement against wrongdoers,” it continues. “The Committee expects FDA to continue and increase these efforts given the proliferation of non-FFDCA-compliant, cannabis-containing products and the risks they pose to public health.”

“Cannabidiol Oil Enforcement.—The Committee is concerned about the proliferation of products marketed in violation of the FFDCA, including products containing derivatives of the cannabis plant. The Committee is aware that non-FFDCA-compliant products pose potential health and safety risks to consumers through misleading, unsubstantiated, and false claims that cannabis and cannabis derivatives can treat serious and life-threatening diseases and conditions, including COVID–19 and cancer. Such products may also be contaminated with harmful substances. The Committee recognizes FDA’s use of existing authorities to undertake cannabis-related efforts, including research, requests for data, consumer education, issuance of guidance and policy around cannabis-based drug product development, and enforcement against wrongdoers. The Committee expects FDA to continue and increase these efforts given the proliferation of non-FFDCA-compliant, cannabis-containing products and the risks they pose to public health. The Committee also expects FDA to take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes, which ensures that products, including cannabis-containing products, marketed as drugs have undergone a rigorous scientific evaluation to ensure that they are safe, pure, potent, and effective for the diseases and conditions they claim to treat. It is also imperative that FDA continue to exercise its existing authorities to preserve incentives to invest in robust clinical study of cannabis so its therapeutic value can be better understood.”

The report further states that members expect FDA to “take enforcement action against the manufacturers of any cannabis products marketed with unlawful therapeutic claims to preserve the integrity of the drug development and approval processes, which ensures that products, including cannabis-containing products, marketed as drugs have undergone a rigorous scientific evaluation to ensure that they are safe, pure, potent, and effective for the diseases and conditions they claim to treat.”

“It is also imperative that FDA continue to exercise its existing authorities to preserve incentives to invest in robust clinical study of cannabis so its therapeutic value can be better understood,” the committee said.

The House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies advanced the underlying bill last week, stirring controversy over provisions to prohibit cannabis products containing any “quantifiable” amount of THC or “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals” as THC.

Advocates and stakeholders have been putting pressure on Congress to dial back that language, with hopes that lawmakers opt to pursue robust regulations to address their concerns rather than outright criminalize a major part of the sector.

“The Committee recognizes the growing consumer demand for American made hemp-derived products following the expanded legalization of hemp under the Agriculture Improvement Act of 2018,” a new section of the report says. “As the industry continues to expand to meet consumer demand, the Committee acknowledges the need for clear, science-based guidance to ensure product safety, consumer confidence, and regulatory clarity.”

Members are directing FDA to create a task force with “industry stakeholders, including scientists, manufacturers, public health experts, academic researchers, and other relevant parties in the industrial hemp community.”

“Quantifiable Limits Task Force.—The Committee recognizes the growing consumer demand for American made hemp-derived products following the expanded legalization of hemp under the Agriculture Improvement Act of 2018. As the industry continues to expand to meet consumer demand, the Committee acknowledges the need for clear, science-based guidance to ensure product safety, consumer confidence, and regulatory clarity. To support this effort, the Committee directs the FDA to establish a task force comprised of industry stakeholders, including scientists, manufacturers, public health experts, academic researchers, and other relevant parties in the industrial hemp community. The task force should provide input on determining the level of quantifiable amounts of tetrahydrocannabinol or other cannabinoids in hemp-derived cannabinoid products, as required by this Act. Further, the task force should provide recommendations to create a minimum consumer safety floor for hemp-derived cannabinoid products such as uniform packaging, labeling, testing, and adverse event reporting. In providing these recommendations, the task force should consider actions taken by individual states to address consumer safety concerns like quantifiable limits and age restrictions. The Committee directs the FDA to provide an update within 180 days of enactment of this Act on the formation and progress of the task force, with final recommendations to be submitted within one year.”

Additionally, the committee is tasking the U.S. Department of Agriculture (USDA) with identifying programs that “support the production and processing of plant-based fiber crops, such as cotton, hemp, and flax, and animal-based fibers such as wool, alpaca, and leather,” and then briefing appropriators within 180 days of enactment on ways to “bolster support for plant and animal-based fiber production and processing.”

“U.S. Fiber Processing.—The Committee encourages USDA to identify programs, such as Value-Added Producer Grants and the Business and Industry Loan Program, that can support the production and processing of plant-based fiber crops, such as cotton, hemp, and flax, and animal-based fibers such as wool, alpaca, and leather. The Committee requests a briefing within 180 days of enactment of this Act on Agency efforts to bolster support for plant and animal-based fiber production and processing in the U.S.”

While the cannabis sections might raise some concerns among the pro-reform community, those backing psychedelics policy changes may well be encouraged by the fact that the Republican-led committee also included language recognizing “the increased interest and need to study psychedelics and qualified plant-based alternative therapies and their potential therapeutic effects.”

“The Committee encourages FDA to work with the [Department of Defense] on leveraging clinical trials, as authorized by title 10 United States Code, chapter 55, to improve our understanding of psychedelics,” it says. “The Committee also encourages FDA and DoD to work together in developing and supporting public-private collaborations to advance psychedelic research for therapeutic purposes.”

The committee is asking FDA to work with DOD on “leveraging clinical trials” to “improve our understanding of psychedelics.”

“Breakthrough Therapies.—The Committee recognizes the increased interest and need to study psychedelics and qualified plant-based alternative therapies and their potential therapeutic effects. The Committee encourages FDA to work with the DoD on leveraging clinical trials, as authorized by title 10 United States Code, chapter 55, to improve our understanding of psychedelics. The Committee also encourages FDA and DoD to work together in developing and supporting public-private collaborations to advance psychedelic research for therapeutic purposes.”

A report attached to a separate spending bill, for Military Construction, Veterans Affairs, and Related Agencies, also notes ongoing research into the benefits of psychedelics.

“New Treatments for PTSD.—The Committee is aware of privately funded research regarding potential new treatments for PTSD, including psychedelic-assisted-therapy and encourages the Department to monitor these efforts and review the results of existing and future clinical trials.”

Rep. Dan Crenshaw (R-TX) recently talked about his work to secure funding for studies into the therapeutic benefits of psychedelics such as psilocybin, MDMA and ibogaine—including the passage of legislation to require DOD clinical trials into such substances for active duty service members that then-President Joe Biden signed into law.

Meanwhile, another Republican congressman—Rep. Jack Bergman (R-MI) of the Psychedelics Advancing Therapies (PATH) Caucus—recently expressed optimism about the prospects of advancing psychedelics reform under President Donald Trump, arguing that the administration’s efforts to cut spending and the federal workforce will give agencies “spines” to tackle such complex issues.

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Image element courtesy of Kristie Gianopulos.