[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25620-25621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10202]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-378]
Controlled Substances: Adjustment to the Established 2014
Aggregate Production Quota for Marijuana
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Notice with request for comments.
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SUMMARY: This notice adjusts the established 2014 aggregate production
quota for marijuana, a schedule I controlled substance under the
Controlled Substances Act.
DATES: Effective date: May 5, 2014. Comment date: Interested persons
may file written comments on this notice in accordance with 21 CFR
1303.13. Electronic comments must be submitted and written comments
must be postmarked, on or before June 4, 2014. Commenters should be
aware that the electronic Federal Docket Management System will not
accept comments after midnight Eastern Time on the last day of the
comment period.
ADDRESSES: To ensure proper handling of comments, please reference
``Docket No. DEA-378'' on all electronic and written correspondence.
The DEA encourages that all comments be submitted electronically
through the Federal eRulemaking Portal which provides the ability to
type short comments directly into the comment field on the Web page or
attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for
submitting comments. Paper comments that duplicate electronic
submissions are not necessary. Should you, however, wish to submit
written comments, in lieu of electronic comments, they should be sent
via regular or express mail to: Drug Enforcement Administration,
Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette
Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Office of Diversion
Control, Drug Enforcement Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598-
6812.
SUPPLEMENTARY INFORMATION:
Posting of Public Comments
Please note that all comments received in response to this docket
are considered part of the public record and will be made available for
public inspection online at http://www.regulations.gov. Such
information includes personal identifying information (such as your
name, address, etc.) voluntarily submitted by the commenter.
The Freedom of Information Act (FOIA) applies to all comments
received. If you want to submit personal identifying information (such
as your name, address, etc.) as part of your comment, but do not want
it to be made publicly available, you must include the phrase
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your
comment. You must also place all of the personal identifying
information you do not want made publicly available in the first
paragraph of your comment and identify what information you want
redacted. If you want to submit confidential business information as
part of your comment, but do not want it to be made publicly available,
you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in
the first paragraph of your comment. You must also prominently identify
the confidential business information to be redacted within the
comment. If a comment has so much confidential business information
that it cannot be effectively redacted, all or part of that comment may
not be made publicly available. Comments containing personal
identifying information or confidential business information identified
as directed above will be made publicly available in redacted form.
An electronic copy of this document is available at http://www.regulations.gov for easy reference. If you wish to personally
inspect the comments and materials received or the supporting
information the DEA used in preparing this action, these materials will
be available for public inspection by appointment. To arrange a
viewing, please see the FOR FURTHER INFORMATION CONTACT paragraph
above.
Pursuant to 21 CFR 1303.13, any interested person may submit
written comments on or objections to this notice. Based on comments
received in response to this notice, the Administrator may hold a
public hearing on one or more issues raised in the comments and
objections filed. In the event the Administrator decides to hold such a
hearing, the Administrator shall publish notice of the hearing in the
Federal Register. After consideration of any comments or objections, or
after a hearing, if one is held, the Administrator shall issue and
publish in the Federal Register a notice regarding the adjustment to
the established 2014 aggregate production quota for marijuana.\1\
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\1\ Note that ``marihuana'' is the spelling originally used in
the Controlled Substances Act (CSA). This document uses the spelling
that is more common in current usage, ``marijuana.''
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Legal Authority
The Drug Enforcement Administration (DEA) implements and enforces
titles II and III of the Comprehensive Drug Abuse Prevention and
Control Act of 1970, as amended. Titles II and III are referred to as
the ``Controlled Substances Act'' and the ``Controlled Substances
Import and Export Act,'' respectively, and are collectively referred to
as the ``Controlled Substances Act'' or the ``CSA'' for the purpose of
this action. 21 U.S.C. 801-971. The DEA publishes the implementing
regulations for these statutes in title 21 of the Code of Federal
Regulations (CFR), parts 1300 to 1321. The CSA and its implementing
regulations are designed to prevent, detect, and eliminate the
diversion of controlled substances and listed chemicals into the
illicit market while providing for the legitimate medical, scientific,
research, and industrial needs of the United States. Controlled
substances have the potential for abuse
[[Page 25621]]
and dependence and are controlled to protect the public health and
safety.
Section 306 of the CSA (21 U.S.C. 826) requires the Attorney
General to establish aggregate production quotas for each basic class
of controlled substance listed in schedules I and II each year. The
Attorney General has delegated this authority under 21 U.S.C. 826 to
the Administrator of the DEA, 28 CFR 0.100.
Background
The DEA established the initial 2014 aggregate production quotas
and assessments for annual need on September 9, 2013 (78 FR 55099). The
notice stipulated that, as provided for in 21 CFR 1303.13, all
aggregate production quotas and assessments for annual need are subject
to adjustment.
Analysis for Adjusting the Established 2014 Aggregate Production Quota
for Marijuana Effective on the Date of Publication
In determining to adjust the aggregate production quota, the DEA
takes into consideration, among other factors, the relevant scientific
and research needs of the United States. 21 U.S.C. 826; 21 CFR
1303.13(b)(5).
The National Institute on Drug Abuse (NIDA) is a component of the
National Institutes of Health and the U.S. Department of Health and
Human Services, and it oversees the cultivation, production and
distribution of research-grade marijuana on behalf of the United States
Government, pursuant to the Single Convention on Narcotic Drugs (March
30, 1961, 18 UST 1407). NIDA recently notified the DEA that it required
additional supplies of marijuana to be manufactured in 2014 to provide
for current and anticipated research efforts involving marijuana.
Specifically, NIDA stated that 600 kilograms is necessary to be
manufactured in 2014.
The DEA was unaware of NIDA's additional need at the time the
initial aggregate production quota for marijuana was established in
September 2013.
The aggregate production quota for marijuana should be increased in
order to provide a continuous and uninterrupted supply of marijuana in
support of DEA-registered researchers who are approved by the Federal
Government to utilize marijuana in their research protocols.
In the event the established aggregate production quota is
increased, DEA regulations require general notice of the adjustment
prior to adjusting the quota. 21 CFR 1303.13(c). Due to the
manufacturing process unique to marijuana, including the length of time
and conditions necessary to propagate and process the substance for
distribution in 2014, it is necessary to adjust the initial,
established 2014 aggregate production quota for marijuana as soon as
practicable. Accordingly, the Administrator finds good cause to adjust
the aggregate production quota for marijuana before accepting written
comments from interested persons or holding a public hearing, pursuant
to 21 CFR 1303.13(c). More specifically, the Administrator finds, based
on NIDA's aforementioned submission to DEA, that it is in the public
interest to adjust the aggregate production quota immediately to ensure
that the cultivation of marijuana to meet NIDA's anticipated needs to
supply researchers can proceed within the current grow cycle. For this
same reason, the Administrator finds that delaying the adjustment to
the aggregate production quota for marijuana until after the comment
period would be impracticable. Any such comments shall be considered if
submitted in accordance with the procedures described herein.
In issuing this adjustment, the DEA has taken into account the
criteria that the DEA is required to consider in accordance with 21 CFR
1303.13(b). The DEA determines whether to adjust the aggregate
production quotas for basic classes of schedule I and II controlled
substances by considering: (1) Changes in demand for the basic class,
changes in the national rate of net disposal for the class, and changes
in the rate of net disposal by the registrants holding individual
manufacturing quotas for the class; (2) whether any increased demand or
changes in the national or individual rates of net disposal are
temporary, short term, or long term; (3) whether any increased demand
can be met through existing inventories, increased individual
manufacturing quotas, or increased importation, without increasing the
aggregate production quota; (4) whether any decreased demand will
result in excessive inventory accumulation by all persons registered to
handle the class; and (5) other factors affecting the medical,
scientific, research, and industrial needs of the United States and
lawful export requirements, as the Administrator finds relevant.
Based on the above, the Administrator adjusts the established 2014
aggregate production quota for marijuana, to be manufactured in the
United States in 2014 to provide for the estimated scientific,
research, and industrial needs of the United States, and the
establishment and maintenance of reserve stocks, expressed in grams of
anhydrous acid or base, as follows:
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Previously
established Adjusted
Basic class--schedule I 2014 quota 2014 Quota
(g) (g)
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Marijuana................................... 21,000 650,000
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Dated: April 29, 2014.
Michele M. Leonhart,
Administrator.
[FR Doc. 2014-10202 Filed 5-2-14; 8:45 am]
BILLING CODE 4410-09-P