80_FR_36080 80 FR 35960 - Announcement of Revision to the Department of Health and Human Services Guidance on Procedures for the Provision of Marijuana for Medical Research as Published on May 21, 1999.

80 FR 35960 - Announcement of Revision to the Department of Health and Human Services Guidance on Procedures for the Provision of Marijuana for Medical Research as Published on May 21, 1999.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 80, Issue 120 (June 23, 2015)

Page Range35960-35961
FR Document2015-15479

Announcement of the elimination of the Public Health Service (PHS) review of non-federally funded research protocols involving marijuana and the utilization of the existing Food and Drug Administration (FDA) Investigational New Drug (IND) process for drug development.

Federal Register, Volume 80 Issue 120 (Tuesday, June 23, 2015)
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Notices]
[Pages 35960-35961]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15479]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Announcement of Revision to the Department of Health and Human 
Services Guidance on Procedures for the Provision of Marijuana for 
Medical Research as Published on May 21, 1999.

AGENCY: Office of the Secretary, Office of the Assistant Secretary for 
Health, Department of Health and Human Services.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Announcement of the elimination of the Public Health Service 
(PHS) review of non-federally funded research protocols involving 
marijuana and the utilization of the existing Food and Drug 
Administration (FDA) Investigational New Drug (IND) process for drug 
development.

DATES: Effective June 2015.

ADDRESSES: Not applicable.

FOR FURTHER INFORMATION CONTACT: Christine Cichetti, Office of the 
Assistant Secretary for Health, U.S. Department of Health and Human 
Services; telephone (202) 619-0242; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On May 21, 1999, the PHS review process was 
established in response to enhanced interest by the biomedical research 
community in determining the potential therapeutic benefits of 
marijuana. The original notice of policy change can be found at http://grants.nih.gov/grants/guide/notice-files/not99-091.html. The PHS review 
process, which includes a committee review of study protocols, helped 
create a pathway for non-federally funded researchers to conduct these 
studies. In order to further facilitate research, HHS recently re-
evaluated the PHS review procedures to identify opportunities for 
increased efficiency. The Office of the Assistant Secretary for Health 
(OASH), in consultation with the National Institutes of Health (NIH) 
and FDA, determined that the PHS review overlaps in several important 
ways with FDA's IND process and is no longer necessary to support the 
conduct of scientifically-sound studies into the potential therapeutic 
uses of marijuana. The PHS review committee considers the following: 
Research quality; incorporation of elements of good clinical and 
laboratory research practices; emphasis on adequate and well-controlled 
clinical studies; and development of dosage forms of marijuana that 
would be an alternative to smoked marijuana. The FDA's IND review 
process considers similar research characteristics: Adherence to good 
clinical and laboratory practices; whether pivotal clinical trials to 
support the marketing of proposed drug products are adequate and well-
controlled; and the therapeutic benefits and risks to study subjects, 
favoring dosage forms that would provide measured and consistent dosing 
to patients as well as reduced exposure to potentially harmful 
constituents. Therefore, while not identical, the two processes have 
similar goals (e.g., guiding research on drug development and assuring 
appropriate treatment of human subjects), share similar criteria for 
protocol reviews, and possess similar capacity to engage with federal 
experts for consultation. Based on these considerations, and in order 
to streamline the application and approval processes for cannabis 
research, the committee that conducts the PHS review shall be 
eliminated. Below are instructions for researchers interested in the 
acquisition of cannabis for medical research. Complete guidance can be 
found on the NIH/National Institute on Drug Abuse (NIDA) Web site: 
(http://www.drugabuse.gov/researchers/research-resources/nida-drug-supply-program).

Background

    Under the 1961 international Single Convention on Narcotic Drugs 
(amended in 1972), cannabis is designated a Schedule I substance, and 
participating countries are required to restrict production, 
manufacture, possession, and distribution of marijuana except for 
medical and scientific purposes. The Drug Enforcement Administration 
(DEA) regulates the cultivation of marijuana for research purposes 
through licensing requirements and establishment of annual aggregate 
production quotas under the authority of the 1970 Controlled Substances 
Act (CSA), which implements the Single Convention.
    Marijuana for use in research can be obtained through the NIDA Drug 
Supply Program. All applicants must fulfill the following criteria:

For non-NIH funded human research projects:

    1. Demonstrate scientific validity and ethical soundness through 
review by the FDA's IND process. Research protocols will undergo a 
scientific review which assures the safety and rights of subjects and 
the scientific quality of the clinical investigations, and assesses the 
likelihood that investigations will yield data capable of meeting the 
statutory standards for drug marketing approval; and
    2. Possess a DEA registration for marijuana, a Schedule I 
controlled substance under the CSA.

For NIH-funded projects:

    1. Demonstrate scientific validity and ethical soundness through 
the NIH grant review process which consists of three steps: (1) The NIH 
peer review system, which assesses the scientific and technical merit 
of all grant applications; (2) the National Advisory Council of the 
funding institute, comprising eminent scientists as well as public 
members; and (3) the funding institute's Director, who makes the final 
funding decision on the merit of an application, based on peer review, 
public health significance, and institute priorities. To find studies 
approved through the NIH review process go to: http://projectreporter.nih.gov/reporter.cfm;
    2. Have an active-status IND application on file with the FDA (for 
human research only), which has been evaluated by FDA and found safe to 
proceed. For additional information go to: http://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/InvestigationalNewDrugINDApplication/default.htm; 
and

[[Page 35961]]

    3. Possess a DEA registration for marijuana, a Schedule I 
controlled substance under the CSA.
    Once the above steps have been completed, investigators should 
contact the NIDA Drug Supply Program to place an order for marijuana 
with specific characteristics with regard to concentrations of delta-9-
tetrahydro-cannabinol (THC), cannabidiol (CBD), and other cannabinoids. 
The program official will verify that the application is complete (with 
all the above-mentioned steps fulfilled), and forward the order on to 
the contractor responsible for shipping the marijuana. While not 
required in all cases, it is recommended that researchers contact the 
NIDA Drug Supply Program early in the planning of a study to obtain 
information on specific strains of marijuana available so that this 
information can be included in the protocol and IND (http://www.drugabuse.gov/researchers/research-resources/nida-drug-supply-program).

    Dated: June 17, 2015.
Karen B. DeSalvo,
Acting Assistant Secretary for Health.
[FR Doc. 2015-15479 Filed 6-22-15; 8:45 am]
 BILLING CODE 4150-28-P



                                                  35960                          Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices

                                                    Purpose: This Committee is charged                    SUPPLEMENTARY INFORMATION:      On May                 Background
                                                  with advising the Director, CDC, and the                21, 1999, the PHS review process was                     Under the 1961 international Single
                                                  Acting Administrator, HRSA, regarding                   established in response to enhanced                    Convention on Narcotic Drugs
                                                  activities related to prevention and                    interest by the biomedical research                    (amended in 1972), cannabis is
                                                  control of HIV/AIDS, Viral Hepatitis and                community in determining the potential                 designated a Schedule I substance, and
                                                  other STDs, the support of health care                  therapeutic benefits of marijuana. The                 participating countries are required to
                                                  services to persons living with HIV/                    original notice of policy change can be                restrict production, manufacture,
                                                  AIDS, and the education of health                       found at http://grants.nih.gov/grants/                 possession, and distribution of
                                                  professionals and the public about HIV/                 guide/notice-files/not99-091.html. The                 marijuana except for medical and
                                                  AIDS, Viral Hepatitis, and other STDs.                  PHS review process, which includes a                   scientific purposes. The Drug
                                                    Agenda: Agenda items include: (1)                     committee review of study protocols,                   Enforcement Administration (DEA)
                                                  Discuss and vote on the ‘‘Resolution to                 helped create a pathway for non-                       regulates the cultivation of marijuana
                                                  express CHACHSPT’s recognition on the                   federally funded researchers to conduct                for research purposes through licensing
                                                  25th Anniversary of the Ryan White                      these studies. In order to further                     requirements and establishment of
                                                  CARE Act’’; and (2) hear the orientation                facilitate research, HHS recently re-                  annual aggregate production quotas
                                                  session and discuss the purpose and                     evaluated the PHS review procedures to                 under the authority of the 1970
                                                  role of the CHACHSPT. Agenda items                      identify opportunities for increased                   Controlled Substances Act (CSA), which
                                                  are subject to change as priorities                     efficiency. The Office of the Assistant                implements the Single Convention.
                                                  dictate.                                                Secretary for Health (OASH), in                          Marijuana for use in research can be
                                                  FOR FURTHER INFORMATION CONTACT:                        consultation with the National Institutes              obtained through the NIDA Drug Supply
                                                  Shelley B. Gordon, Senior Public Health                 of Health (NIH) and FDA, determined                    Program. All applicants must fulfill the
                                                  Analyst, Health Resources and Services                  that the PHS review overlaps in several                following criteria:
                                                  Administration, HIV/AIDS Bureau,                        important ways with FDA’s IND process                  For non-NIH funded human research
                                                  Division of Policy and Data, 5600                       and is no longer necessary to support                  projects:
                                                  Fishers Lane, Room 7C–26, Rockville,                    the conduct of scientifically-sound
                                                                                                          studies into the potential therapeutic                    1. Demonstrate scientific validity and
                                                  Maryland 20857, telephone (301) 443–                                                                           ethical soundness through review by the
                                                  9684, fax (301) 443–3343, or email                      uses of marijuana. The PHS review
                                                                                                          committee considers the following:                     FDA’s IND process. Research protocols
                                                  sgordon@hrsa.gov.                                                                                              will undergo a scientific review which
                                                                                                          Research quality; incorporation of
                                                  Jackie Painter,                                         elements of good clinical and laboratory               assures the safety and rights of subjects
                                                  Director, Division of the Executive Secretariat.        research practices; emphasis on                        and the scientific quality of the clinical
                                                  [FR Doc. 2015–15283 Filed 6–22–15; 8:45 am]             adequate and well-controlled clinical                  investigations, and assesses the
                                                                                                          studies; and development of dosage                     likelihood that investigations will yield
                                                  BILLING CODE 4165–15–P
                                                                                                          forms of marijuana that would be an                    data capable of meeting the statutory
                                                                                                                                                                 standards for drug marketing approval;
                                                                                                          alternative to smoked marijuana. The
                                                  DEPARTMENT OF HEALTH AND                                                                                       and
                                                                                                          FDA’s IND review process considers
                                                  HUMAN SERVICES                                                                                                    2. Possess a DEA registration for
                                                                                                          similar research characteristics:                      marijuana, a Schedule I controlled
                                                                                                          Adherence to good clinical and                         substance under the CSA.
                                                  Announcement of Revision to the                         laboratory practices; whether pivotal
                                                  Department of Health and Human                          clinical trials to support the marketing               For NIH-funded projects:
                                                  Services Guidance on Procedures for                     of proposed drug products are adequate                   1. Demonstrate scientific validity and
                                                  the Provision of Marijuana for Medical                  and well-controlled; and the therapeutic               ethical soundness through the NIH grant
                                                  Research as Published on May 21,                        benefits and risks to study subjects,                  review process which consists of three
                                                  1999.                                                   favoring dosage forms that would                       steps: (1) The NIH peer review system,
                                                  AGENCY:  Office of the Secretary, Office                provide measured and consistent dosing                 which assesses the scientific and
                                                  of the Assistant Secretary for Health,                  to patients as well as reduced exposure                technical merit of all grant applications;
                                                  Department of Health and Human                          to potentially harmful constituents.                   (2) the National Advisory Council of the
                                                  Services.                                               Therefore, while not identical, the two                funding institute, comprising eminent
                                                                                                          processes have similar goals (e.g.,                    scientists as well as public members;
                                                  ACTION: Notice.
                                                                                                          guiding research on drug development                   and (3) the funding institute’s Director,
                                                  SUMMARY:   Announcement of the                          and assuring appropriate treatment of                  who makes the final funding decision
                                                  elimination of the Public Health Service                human subjects), share similar criteria                on the merit of an application, based on
                                                  (PHS) review of non-federally funded                    for protocol reviews, and possess                      peer review, public health significance,
                                                  research protocols involving marijuana                  similar capacity to engage with federal                and institute priorities. To find studies
                                                  and the utilization of the existing Food                experts for consultation. Based on these               approved through the NIH review
                                                  and Drug Administration (FDA)                           considerations, and in order to                        process go to: http://projectreporter.
                                                  Investigational New Drug (IND) process                  streamline the application and approval                nih.gov/reporter.cfm;
                                                  for drug development.                                   processes for cannabis research, the                     2. Have an active-status IND
                                                                                                          committee that conducts the PHS                        application on file with the FDA (for
                                                  DATES: Effective June 2015.
                                                                                                          review shall be eliminated. Below are                  human research only), which has been
                                                  ADDRESSES: Not applicable.
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                                                                                                          instructions for researchers interested in             evaluated by FDA and found safe to
                                                  FOR FURTHER INFORMATION CONTACT:                        the acquisition of cannabis for medical                proceed. For additional information go
                                                  Christine Cichetti, Office of the                       research. Complete guidance can be                     to: http://www.fda.gov/Drugs/
                                                  Assistant Secretary for Health, U.S.                    found on the NIH/National Institute on                 DevelopmentApprovalProcess/How
                                                  Department of Health and Human                          Drug Abuse (NIDA) Web site: (http://                   DrugsareDevelopedandApproved/
                                                  Services; telephone (202) 619–0242;                     www.drugabuse.gov/researchers/                         ApprovalApplications/Investigational
                                                  email: Christine.Cichetti@                              research-resources/nida-drug-supply-                   NewDrugINDApplication/default.htm;
                                                  samhsa.hhs.gov.                                         program).                                              and


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                                                                                 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Notices                                                  35961

                                                     3. Possess a DEA registration for                      Contact Person: Rita Anand, Ph.D.,                     Dated: June 17, 2015.
                                                  marijuana, a Schedule I controlled                      Scientific Review Officer, Scientific Review           Michelle Trout,
                                                  substance under the CSA.                                Branch, Eunice Kennedy Shriver National                Program Analyst, Office of Federal Advisory
                                                     Once the above steps have been                       Institute of Child Health And Human                    Committee Policy.
                                                  completed, investigators should contact                 Development, NIH, 6100 Executive
                                                                                                                                                                 [FR Doc. 2015–15303 Filed 6–22–15; 8:45 am]
                                                                                                          Boulevard, Room 5B01, Bethesda, MD
                                                  the NIDA Drug Supply Program to place                   20892–9304, (301) 496–1487, anandr@                    BILLING CODE 4140–01–P
                                                  an order for marijuana with specific                    mail.nih.gov.
                                                  characteristics with regard to                          (Catalogue of Federal Domestic Assistance
                                                  concentrations of delta-9-tetrahydro-                   Program Nos. 93.864, Population Research;              DEPARTMENT OF HEALTH AND
                                                  cannabinol (THC), cannabidiol (CBD),                    93.865, Research for Mothers and Children;             HUMAN SERVICES
                                                  and other cannabinoids. The program                     93.929, Center for Medical Rehabilitation
                                                  official will verify that the application is            Research; 93.209, Contraception and                    National Institutes of Health
                                                  complete (with all the above-mentioned                  Infertility Loan Repayment Program, National
                                                  steps fulfilled), and forward the order                 Institutes of Health, HHS)                             National Institute of Environmental
                                                  on to the contractor responsible for                                                                           Health Sciences; Notice of Closed
                                                                                                            Dated: June 17, 2015.
                                                  shipping the marijuana. While not                                                                              Meetings
                                                                                                          Michelle Trout,
                                                  required in all cases, it is recommended                Program Analyst, Office of Federal Advisory              Pursuant to section 10(d) of the
                                                  that researchers contact the NIDA Drug                  Committee Policy.                                      Federal Advisory Committee Act, as
                                                  Supply Program early in the planning of                                                                        amended (5 U.S.C. App.), notice is
                                                                                                          [FR Doc. 2015–15301 Filed 6–22–15; 8:45 am]
                                                  a study to obtain information on specific                                                                      hereby given of the following meetings.
                                                                                                          BILLING CODE 4140–01–P
                                                  strains of marijuana available so that                                                                           The meetings will be closed to the
                                                  this information can be included in the                                                                        public in accordance with the
                                                  protocol and IND (http://                               DEPARTMENT OF HEALTH AND                               provisions set forth in sections
                                                  www.drugabuse.gov/researchers/                          HUMAN SERVICES                                         552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                  research-resources/nida-drug-supply-                                                                           as amended. The grant applications and
                                                  program).                                               National Institutes of Health                          the discussions could disclose
                                                    Dated: June 17, 2015.                                                                                        confidential trade secrets or commercial
                                                  Karen B. DeSalvo,                                       National Center For Complementary &                    property such as patentable material,
                                                  Acting Assistant Secretary for Health.                  Integrative Health; Notice of Closed                   and personal information concerning
                                                                                                          Meeting                                                individuals associated with the grant
                                                  [FR Doc. 2015–15479 Filed 6–22–15; 8:45 am]
                                                  BILLING CODE 4150–28–P                                                                                         applications, the disclosure of which
                                                                                                            Pursuant to section 10(d) of the
                                                                                                                                                                 would constitute a clearly unwarranted
                                                                                                          Federal Advisory Committee Act, as
                                                                                                                                                                 invasion of personal privacy.
                                                                                                          amended (5 U.S.C. App.), notice is
                                                  DEPARTMENT OF HEALTH AND                                                                                         Name of Committee: National Institute of
                                                                                                          hereby given of the following meeting.
                                                  HUMAN SERVICES                                                                                                 Environmental Health Sciences Special
                                                                                                            The meeting will be closed to the                    Emphasis Panel—NIEHS Outstanding New
                                                  National Institutes of Health                           public in accordance with the                          Environmental Scientist Review Meeting.
                                                                                                          provisions set forth in sections                         Date: July 16, 2015.
                                                  Eunice Kennedy Shriver National                         552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,               Time: 8:00 a.m. to 5:00 p.m.
                                                  Institute of Child Health and Human                     as amended. The grant applications and                   Agenda: To review and evaluate grant
                                                  Development; Notice of Closed                           the discussions could disclose                         applications.
                                                  Meeting                                                 confidential trade secrets or commercial                 Place: Hilton Garden Inn Durham
                                                                                                                                                                 Southpoint, 7007 Fayetteville Road, Durham,
                                                    Pursuant to section 10(d) of the                      property such as patentable material,                  NC 27713.
                                                  Federal Advisory Committee Act, as                      and personal information concerning                      Contact Person: Janice B. Allen, Ph.D.,
                                                  amended (5 U.S.C. App.), notice is                      individuals associated with the grant                  Scientific Review Officer, Scientific Review
                                                  hereby given of the following meeting.                  applications, the disclosure of which                  Branch, Division of Extramural Research and
                                                    The meeting will be closed to the                     would constitute a clearly unwarranted                 Training, Nat. Institute of Environmental
                                                                                                          invasion of personal privacy.                          Health Science, P.O. Box 12233, MD EC–30/
                                                  public in accordance with the                                                                                  Room 3170 B, Research Triangle Park, NC
                                                  provisions set forth in section 552b(c)(4)                Name of Committee: National Center for               27709, 919/541–7556.
                                                  and 552b(c)(6), Title 5 U.S.C., as                      Complementary and Integrative Health                     Name of Committee: National Institute of
                                                  amended. The grant applications and                     Special Emphasis Panel Clinical Research.              Environmental Health Sciences Special
                                                  the discussions could disclose                            Date: July 16, 2015.                                 Emphasis Panel—Review of Conferences in
                                                  confidential trade secrets or commercial                  Time: 12:00 p.m. to 5:00 p.m.                        Environmental Health.
                                                                                                            Agenda: To review and evaluate grant                   Date: July 16, 2015.
                                                  property such as patentable material,
                                                                                                          applications.                                            Time: 12:00 p.m. to 5:00 p.m.
                                                  and personal information concerning                       Place: National Institutes of Health,
                                                  individuals associated with the grant                                                                            Agenda: To review and evaluate grant
                                                                                                          Democracy Two, Suite 401, 6707 Democracy               applications.
                                                  applications, the disclosure of which                   Boulevard, Bethesda, MD 20892 (Virtual                   Place: NIEHS/National Institutes of Health,
                                                  would constitute a clearly unwarranted                  Meeting).                                              Keystone Building, 530 Davis Drive, Research
                                                  invasion of personal privacy.                             Contact Person: Hungyi Shau, Ph.D.,                  Triangle Park, NC 27709, (Telephone
                                                    Name of Committee: National Institute of              Scientific Review Officer, National Center for         Conference Call).
                                                                                                          Complementary and Integrative Health,                    Contact Person: Sally Eckert-Tilotta, Ph.D.,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Child Health and Human Development
                                                  Special Emphasis Panel; CHRCDA/K12.                     National Institutes of Health, 6707                    Scientific Review Officer, Nat. Institute of
                                                    Date: July 21, 2015.                                  Democracy Boulevard, Suite 401, Bethesda,              Environmental Health Sciences, Office of
                                                    Time: 8:00 a.m. to 5:00 p.m.                          MD 20892, Phone: 301–402–1030,                         Program Operations, Scientific Review
                                                    Agenda: To review and evaluate grant                  Hungyi.Shau@nih.gov.                                   Branch, P.O. Box 12233, Research Triangle
                                                  applications.                                           (Catalogue of Federal Domestic Assistance              Park, NC 27709, (919) 541–1446, eckertt1@
                                                    Place: Doubletree Hotel Bethesda,                     Program Nos. 93.213, Research and Training             niehs.nih.gov.
                                                  (Formerly Holiday Inn Select), 8120                     in Complementary and Alternative Medicine,             (Catalogue of Federal Domestic Assistance
                                                  Wisconsin Avenue, Bethesda, MD 20814.                   National Institutes of Health, HHS)                    Program Nos. 93.115, Biometry and Risk



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Document Created: 2018-02-22 11:15:32
Document Modified: 2018-02-22 11:15:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective June 2015.
ContactChristine Cichetti, Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services; telephone (202) 619-0242; email: [email protected]
FR Citation80 FR 35960 

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