83_FR_15223 83 FR 15155 - International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; Cannabidiol; Request for Comments

83 FR 15155 - International Drug Scheduling; Convention on Psychotropic Substances; Single Convention on Narcotic Drugs; Cannabis Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; Cannabidiol; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range15155-15157
FR Document2018-07225

The Food and Drug Administration (FDA) is requesting interested persons to submit comments concerning abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use of five drug substances. These comments will be considered in preparing a response from the United States to the World Health Organization (WHO) regarding the abuse liability and diversion of these drugs. WHO will use this information to consider whether to recommend that certain international restrictions be placed on these drugs. This notice requesting comments is required by the Controlled Substances Act (the CSA).

Federal Register, Volume 83 Issue 68 (Monday, April 9, 2018)
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15155-15157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07225]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-1072]


International Drug Scheduling; Convention on Psychotropic 
Substances; Single Convention on Narcotic Drugs; Cannabis Plant and 
Resin; Extracts and Tinctures of Cannabis; Delta-9-
Tetrahydrocannabinol; Stereoisomers of Tetrahydrocannabinol; 
Cannabidiol; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is requesting 
interested persons to submit comments concerning abuse potential, 
actual abuse, medical usefulness, trafficking, and impact of scheduling 
changes on availability for medical use of five drug substances. These 
comments will be considered in preparing a response from the United 
States to the World Health Organization (WHO) regarding the abuse 
liability and diversion of these drugs. WHO will use this information 
to consider whether to recommend that certain international 
restrictions be placed on these drugs. This notice requesting comments 
is required by the Controlled Substances Act (the CSA).

DATES: Submit either electronic or written comments by April 23, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before April 23, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of April 23, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-1072 for ``International Drug Scheduling; Convention on 
Psychotropic Substances; Single Convention on Narcotic Drugs; Cannabis 
Plant and Resin; Extracts and Tinctures of Cannabis; Delta-9-
Tetrahydrocannabinol (THC); Stereoisomers of THC; Cannabidiol; Request 
for Comments.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access

[[Page 15156]]

the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: James R. Hunter, Center for Drug 
Evaluation and Research, Controlled Substance Staff, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5150, Silver 
Spring, MD 20993-0002, 301-796-3156, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The United States is a party to the 1971 Convention on Psychotropic 
Substances (Psychotropic Convention). Article 2 of the Psychotropic 
Convention provides that if a party to the convention or WHO has 
information about a substance, which in its opinion may require 
international control or change in such control, it shall so notify the 
Secretary-General of the United Nations (the U.N. Secretary-General) 
and provide the U.N. Secretary-General with information in support of 
its opinion.
    Paragraph (d)(2)(A) of the CSA (21 U.S.C. 811) (Title II of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970) provides 
that when WHO notifies the United States under Article 2 of the 
Psychotropic Convention that it has information that may justify adding 
a drug or other substances to one of the schedules of the Psychotropic 
Convention, transferring a drug or substance from one schedule to 
another, or deleting it from the schedules, the Secretary of State must 
transmit the notice to the Secretary of Health and Human Services 
(Secretary of HHS). The Secretary of HHS must then publish the notice 
in the Federal Register and provide opportunity for interested persons 
to submit comments that will be considered by HHS in its preparation of 
the scientific and medical evaluations of the drug or substance.

II. WHO Notification

    The Secretary of HHS received the following notice from WHO (non-
relevant text removed):

Ref.: C.L.2.2018

    The World Health Organization (WHO) presents its compliments to 
Member States and Associate Members and has the pleasure of 
informing that the 40th Expert Committee on Drug Dependence (ECDD) 
will meet in Geneva from 4 to 8 June 2018. The 40th ECDD will 
convene in a special session to review cannabis and cannabis-related 
substances on their potential to cause dependence, abuse and harm to 
health, and potential therapeutic applications. WHO will make 
recommendations to the UN Secretary-General on the need for and 
level of international control of these substances. Recommendations 
made from the 39th meeting can be found on the ECDD website (https://www.who.int/mason/entity/medicines/news/2017/letter-DG-39thECDDrecommendations.pdf?ua=1).
    At its 126th session in January 2010, the Executive Board 
approved the publication ``Guidance on the WHO review of 
psychoactive substances for international control'' (EB126/2010/
REC1, Annex 6) which requires the Secretariat to request relevant 
information from Ministers of Health in Member States to prepare a 
report for submission to the ECDD. For this purpose, a questionnaire 
was designed to gather information on the legitimate use, harmful 
use, status of national control and potential impact of 
international control for each substance under evaluation. Member 
States are invited to collaborate, as in the past, in this process 
by providing pertinent information as requested in the questionnaire 
and concerning substances under review.
    It would be appreciated if a person from the Ministry of Health 
could be designated as the focal point responsible for coordinating 
answers to the questionnaires. A list of focal points designated by 
Member States for the 39th ECDD in November 2017 is attached. It is 
requested that if a focal point's contact details including email 
address are to be added or amended, that Member States inform the 
Secretariat by 26 February 2018. Any additions or amendments to 
focal point designations should be emailed to 
[email protected].
    If no additions or amendments to focal point details are made by 
this date, the focal point from 2017 will be approached by the 
Secretariat for questionnaire completion. Where there is a competent 
National Authority under the International Drug Control Treaties, it 
is kindly requested that the questionnaires be completed in 
collaboration with such body.
    Once the Secretariat has received the contact details, focal 
points will be given further instructions and direct access to an 
online questionnaire. The questionnaires will be analysed by the 
Secretariat and prepared as a report that will be published on the 
ECDD website (https://www.who.int/medicines/access/controlled-substances/ecdd/en/) prior to the 40th ECDD meeting. The provisional 
agenda for the meeting will also be made available in advance on the 
ECDD website.
    Member States are also encouraged to provide any additional 
relevant information (unpublished or published) that is available on 
these substances to: [email protected]. This information will 
be an invaluable contribution to the ECDD and all submissions will 
be treated as confidential.
    The WHO takes this opportunity to renew to Member States and 
Associate Members the assurance of its highest consideration.
GENEVA, 30 January 2018

    FDA has verified the website addresses contained in the WHO notice, 
as of the date this document publishes in the Federal Register, but 
websites are subject to change over time. Access to view the WHO 
questionnaire can be found at https://www.who.int/medicines/access/controlled-substances/ecdd/en/.

III. Substances Under WHO Review

    WHO will convene in a special session to review the following 
substances: Cannabis plant and resin; extracts and tinctures of 
cannabis; delta-9-tetrahydrocannabinol (THC; stereoisomers of THC; and 
cannabidiol (CBD).
    The Committee from the 37th ECDD requested that Secretariat begin 
collecting data towards a pre-review of cannabis, cannabis resin, 
extracts, and tinctures of cannabis at a future meeting. Subsequent to 
this request, WHO commissioned two updates on the scientific literature 
for cannabis and cannabis resin, which were prepared and presented to 
the 38th ECDD. That Committee noted that the current Schedule I under 
the 1961 Convention groups together cannabis and cannabis resin, 
extracts, and tinctures of cannabis, that cannabis plant and cannabis 
resin are also in Schedule IV of the 1961 Convention, that there are 
natural and synthetic cannabinoids in Schedule I and Schedule II of the 
1971 Convention, and that cannabis had never been subject to pre-review 
or critical review by the ECDD. The Committee also noted an increase in 
the use of cannabis and its components for medical purposes and the 
emergence of new cannabis-related pharmaceutical preparations for 
therapeutic use. From this review, the 38th ECDD Committee recommended 
that preparations be made to conduct pre-reviews at a future meeting 
dedicated to the following substances: Cannabis plant and cannabis 
resin, extracts and tinctures of cannabis, THC, CBD, and stereoisomers 
of THC. An excerpt from the report of the 38th ECDD stated that the 
purpose of the pre-review was to determine whether current information 
justifies an Expert Committee critical review. They noted that the 
categories of information for evaluating substances in pre-reviews are 
identical to those used in critical reviews and that the pre-review is 
a preliminary analysis, and findings should not determine whether the

[[Page 15157]]

control status of a substance should be changed.
    Cannabis, also known as marijuana, refers to the dried leaves, 
flowers, stems, and seeds from the Cannabis sativa or Cannabis indica 
plant. It is a complex plant substance containing multiple cannabinoids 
and other compounds, including the psychoactive chemical THC and other 
structurally similar compounds. Cannabinoids are defined as having 
activity at cannabinoid 1 and 2 (CB1 and CB2 respectively) receptors. 
Agonists of CB1 receptors are widely abused and are known to modulate 
motor coordination, memory processing, pain, and inflammation, and have 
anxiolytic effects. Marijuana is the most commonly used illicit drug in 
the United States.
    The principal cannabinoids in the cannabis plant include THC, CBD, 
and cannabinol. FDA has not approved any product containing or derived 
from botanical marijuana for any indication. These substances are 
controlled in Schedule I under the CSA. Synthetic THC (dronabinol) is 
the active ingredient in two approved drug products in the United 
States, MARINOL capsules (and generics) and SYNDROS oral solution. 
MARINOL is controlled in Schedule III, while SYNDROS is controlled in 
Schedule II under the CSA. Both MARINOL and SYNDROS are approved to 
treat anorexia associated with weight loss in patients with acquired 
immunodeficiency syndrome (AIDS), and nausea and vomiting associated 
with cancer chemotherapy in patients who have failed to respond 
adequately to conventional treatment.
    CBD is another cannabinoid identified in cannabis. CBD has been 
tested in experimental animal and laboratory models of several 
neurological disorders, including those of seizure and epilepsy. In the 
United States, CBD-containing products are in human clinical testing in 
several therapeutic areas, but no such products have marketing approval 
by FDA for any medical purposes in the United States. CBD is controlled 
as a Schedule I substance under the CSA. CBD is not specifically listed 
in the schedules of the 1961, 1971, or 1988 International Drug Control 
conventions.
    At the 39th (2017) meeting of the ECDD, the committee pre-reviewed 
CBD and recommended that extracts or preparations containing almost 
exclusively CBD be subject to critical review at the 40th ECDD meeting.

IV. Opportunity To Submit Domestic Information

    As required by paragraph (d)(2)(A) of the CSA, FDA, on behalf of 
HHS, invites interested persons to submit comments regarding the five 
drug substances. Any comments received will be considered by HHS when 
it prepares a scientific and medical evaluation of these drug 
substances, responsive to the WHO Questionnaire request for these drug 
substances. HHS will forward such evaluation of these drug substances 
to WHO, for WHO's consideration in deciding whether to recommend 
international control/decontrol of any of these drug substances. Such 
control could limit, among other things, the manufacture and 
distribution (import/export) of these drug substances and could impose 
certain recordkeeping requirements on them.
    Although FDA is, through this notice, requesting comments from 
interested persons, which will be considered by HHS when it prepares an 
evaluation of these drug substances, HHS will not now make any 
recommendations to WHO regarding whether any of these drugs should be 
subjected to international controls. Instead, HHS will defer such 
consideration until WHO has made official recommendations to the 
Commission on Narcotic Drugs, which are expected to be made in mid-
2018. Any HHS position regarding international control of these drug 
substances will be preceded by another Federal Register notice 
soliciting public comments, as required by paragraph (d)(2)(B) of the 
CSA.

    Dated: April 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-07225 Filed 4-6-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                          Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices                                                                                                15155

                                                                                              TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1 2
                                                                                                                                                        Number of dis-
                                                                                                                             Number of re-                                            Total annual              Average burden per dis-
                                                                     Type of respondent                                                                  closures per                                                                                     Total hours
                                                                                                                              spondents                                               disclosures                      closure
                                                                                                                                                          respondent

                                                Establishments listing fewer than 10 SUDs .........                                              58                          2                         116      0.1 (6 minutes) .............                       12
                                                Establishments listing 10 or more SUDs ..............                                             9                         34                         306      0.1 (6 minutes) .............                       31

                                                     Total ...............................................................   ........................   ........................     ........................   .......................................             43
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 Numbers    have been rounded.


                                                  The burden for this information                                        2018. The https://www.regulations.gov                                          identified, as confidential, if submitted
                                                collection has not changed since the last                                electronic filing system will accept                                           as detailed in ‘‘Instructions.’’
                                                OMB approval.                                                            comments until midnight Eastern Time                                              Instructions: All submissions received
                                                  Dated: April 3, 2018.                                                  at the end of April 23, 2018. Comments                                         must include the Docket No. FDA–
                                                Leslie Kux,
                                                                                                                         received by mail/hand delivery/courier                                         2018–N–1072 for ‘‘International Drug
                                                                                                                         (for written/paper submissions) will be                                        Scheduling; Convention on
                                                Associate Commissioner for Policy.
                                                                                                                         considered timely if they are                                                  Psychotropic Substances; Single
                                                [FR Doc. 2018–07152 Filed 4–6–18; 8:45 am]                               postmarked or the delivery service                                             Convention on Narcotic Drugs; Cannabis
                                                BILLING CODE 4164–01–P                                                   acceptance receipt is on or before that                                        Plant and Resin; Extracts and Tinctures
                                                                                                                         date.                                                                          of Cannabis; Delta-9-
                                                DEPARTMENT OF HEALTH AND                                                 Electronic Submissions                                                         Tetrahydrocannabinol (THC);
                                                HUMAN SERVICES                                                                                                                                          Stereoisomers of THC; Cannabidiol;
                                                                                                                           Submit electronic comments in the                                            Request for Comments.’’ Received
                                                                                                                         following way:                                                                 comments, those filed in a timely
                                                Food and Drug Administration                                               • Federal eRulemaking Portal:                                                manner (see ADDRESSES), will be placed
                                                [Docket No. FDA–2018–N–1072]                                             https://www.regulations.gov. Follow the
                                                                                                                                                                                                        in the docket and, except for those
                                                                                                                         instructions for submitting comments.
                                                                                                                                                                                                        submitted as ‘‘Confidential
                                                International Drug Scheduling;                                           Comments submitted electronically,
                                                                                                                                                                                                        Submissions,’’ publicly viewable at
                                                Convention on Psychotropic                                               including attachments, to https://
                                                                                                                                                                                                        https://www.regulations.gov or at the
                                                Substances; Single Convention on                                         www.regulations.gov will be posted to
                                                                                                                                                                                                        Dockets Management Staff between 9
                                                Narcotic Drugs; Cannabis Plant and                                       the docket unchanged. Because your
                                                                                                                                                                                                        a.m. and 4 p.m., Monday through
                                                Resin; Extracts and Tinctures of                                         comment will be made public, you are
                                                                                                                                                                                                        Friday.
                                                Cannabis; Delta-9-                                                       solely responsible for ensuring that your
                                                Tetrahydrocannabinol; Stereoisomers                                      comment does not include any                                                      • Confidential Submissions—To
                                                of Tetrahydrocannabinol; Cannabidiol;                                    confidential information that you or a                                         submit a comment with confidential
                                                Request for Comments                                                     third party may not wish to be posted,                                         information that you do not wish to be
                                                                                                                         such as medical information, your or                                           made publicly available, submit your
                                                AGENCY:      Food and Drug Administration,                                                                                                              comments only as a written/paper
                                                                                                                         anyone else’s Social Security number, or
                                                HHS.                                                                                                                                                    submission. You should submit two
                                                                                                                         confidential business information, such
                                                ACTION:     Notice; request for comments.                                as a manufacturing process. Please note                                        copies total. One copy will include the
                                                                                                                         that if you include your name, contact                                         information you claim to be confidential
                                                SUMMARY:    The Food and Drug                                                                                                                           with a heading or cover note that states
                                                Administration (FDA) is requesting                                       information, or other information that
                                                                                                                         identifies you in the body of your                                             ‘‘THIS DOCUMENT CONTAINS
                                                interested persons to submit comments                                                                                                                   CONFIDENTIAL INFORMATION.’’ The
                                                concerning abuse potential, actual                                       comments, that information will be
                                                                                                                         posted on https://www.regulations.gov.                                         Agency will review this copy, including
                                                abuse, medical usefulness, trafficking,                                                                                                                 the claimed confidential information, in
                                                and impact of scheduling changes on                                        • If you want to submit a comment
                                                                                                                         with confidential information that you                                         its consideration of comments. The
                                                availability for medical use of five drug                                                                                                               second copy, which will have the
                                                substances. These comments will be                                       do not wish to be made available to the
                                                                                                                         public, submit the comment as a                                                claimed confidential information
                                                considered in preparing a response from                                                                                                                 redacted/blacked out, will be available
                                                the United States to the World Health                                    written/paper submission and in the
                                                                                                                         manner detailed (see ‘‘Written/Paper                                           for public viewing and posted on
                                                Organization (WHO) regarding the abuse                                                                                                                  https://www.regulations.gov. Submit
                                                liability and diversion of these drugs.                                  Submissions’’ and ‘‘Instructions’’).
                                                                                                                                                                                                        both copies to the Dockets Management
                                                WHO will use this information to                                         Written/Paper Submissions                                                      Staff. If you do not wish your name and
                                                consider whether to recommend that                                                                                                                      contact information to be made publicly
                                                                                                                           Submit written/paper submissions as
                                                certain international restrictions be                                                                                                                   available, you can provide this
                                                                                                                         follows:
                                                placed on these drugs. This notice                                         • Mail/Hand delivery/Courier (for                                            information on the cover sheet and not
                                                requesting comments is required by the                                   written/paper submissions): Dockets                                            in the body of your comments and you
                                                Controlled Substances Act (the CSA).                                                                                                                    must identify this information as
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                         Management Staff (HFA–305), Food and
                                                DATES: Submit either electronic or                                       Drug Administration, 5630 Fishers                                              ‘‘confidential.’’ Any information marked
                                                written comments by April 23, 2018.                                      Lane, Rm. 1061, Rockville, MD 20852.                                           as ‘‘confidential’’ will not be disclosed
                                                ADDRESSES: You may submit comments                                         • For written/paper comments                                                 except in accordance with 21 CFR 10.20
                                                as follows. Please note that late,                                       submitted to the Dockets Management                                            and other applicable disclosure law. For
                                                untimely filed comments will not be                                      Staff, FDA will post your comment, as                                          more information about FDA’s posting
                                                considered. Electronic comments must                                     well as any attachments, except for                                            of comments to public dockets, see 80
                                                be submitted on or before April 23,                                      information submitted, marked and                                              FR 56469, September 18, 2015, or access


                                           VerDate Sep<11>2014       18:06 Apr 06, 2018         Jkt 244001      PO 00000       Frm 00031         Fmt 4703      Sfmt 4703           E:\FR\FM\09APN1.SGM            09APN1


                                                15156                           Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

                                                the information at: https://www.gpo.gov/                   The World Health Organization (WHO)                invaluable contribution to the ECDD and all
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       presents its compliments to Member States             submissions will be treated as confidential.
                                                23389.pdf.                                              and Associate Members and has the pleasure              The WHO takes this opportunity to renew
                                                                                                        of informing that the 40th Expert Committee           to Member States and Associate Members the
                                                   Docket: For access to the docket to                  on Drug Dependence (ECDD) will meet in                assurance of its highest consideration.
                                                read background documents or the                        Geneva from 4 to 8 June 2018. The 40th                GENEVA, 30 January 2018
                                                electronic and written/paper comments                   ECDD will convene in a special session to               FDA has verified the website
                                                received, go to https://                                review cannabis and cannabis-related
                                                                                                        substances on their potential to cause
                                                                                                                                                              addresses contained in the WHO notice,
                                                www.regulations.gov and insert the
                                                                                                        dependence, abuse and harm to health, and             as of the date this document publishes
                                                docket number, found in brackets in the
                                                                                                        potential therapeutic applications. WHO will          in the Federal Register, but websites are
                                                heading of this document, into the
                                                                                                        make recommendations to the UN Secretary-             subject to change over time. Access to
                                                ‘‘Search’’ box and follow the prompts
                                                                                                        General on the need for and level of                  view the WHO questionnaire can be
                                                and/or go to the Dockets Management                     international control of these substances.            found at https://www.who.int/
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     Recommendations made from the 39th                    medicines/access/controlled-
                                                Rockville, MD 20852.                                    meeting can be found on the ECDD website              substances/ecdd/en/.
                                                FOR FURTHER INFORMATION CONTACT:                        (https://www.who.int/mason/entity/
                                                James R. Hunter, Center for Drug                        medicines/news/2017/letter-DG-                        III. Substances Under WHO Review
                                                                                                        39thECDDrecommendations.pdf?ua=1).
                                                Evaluation and Research, Controlled                                                                              WHO will convene in a special
                                                                                                           At its 126th session in January 2010, the
                                                Substance Staff, Food and Drug                          Executive Board approved the publication              session to review the following
                                                Administration, 10903 New Hampshire                     ‘‘Guidance on the WHO review of                       substances: Cannabis plant and resin;
                                                Ave., Bldg. 51, Rm. 5150, Silver Spring,                psychoactive substances for international             extracts and tinctures of cannabis; delta-
                                                MD 20993–0002, 301–796–3156, email:                     control’’ (EB126/2010/REC1, Annex 6) which            9-tetrahydrocannabinol (THC;
                                                james.hunter@fda.hhs.gov.                               requires the Secretariat to request relevant          stereoisomers of THC; and cannabidiol
                                                                                                        information from Ministers of Health in               (CBD).
                                                SUPPLEMENTARY INFORMATION:                              Member States to prepare a report for                    The Committee from the 37th ECDD
                                                I. Background                                           submission to the ECDD. For this purpose, a           requested that Secretariat begin
                                                                                                        questionnaire was designed to gather                  collecting data towards a pre-review of
                                                   The United States is a party to the                  information on the legitimate use, harmful
                                                                                                                                                              cannabis, cannabis resin, extracts, and
                                                1971 Convention on Psychotropic                         use, status of national control and potential
                                                                                                        impact of international control for each              tinctures of cannabis at a future
                                                Substances (Psychotropic Convention).                                                                         meeting. Subsequent to this request,
                                                Article 2 of the Psychotropic                           substance under evaluation. Member States
                                                                                                        are invited to collaborate, as in the past, in        WHO commissioned two updates on the
                                                Convention provides that if a party to                                                                        scientific literature for cannabis and
                                                                                                        this process by providing pertinent
                                                the convention or WHO has information                   information as requested in the questionnaire         cannabis resin, which were prepared
                                                about a substance, which in its opinion                 and concerning substances under review.               and presented to the 38th ECDD. That
                                                may require international control or                       It would be appreciated if a person from           Committee noted that the current
                                                change in such control, it shall so notify              the Ministry of Health could be designated as         Schedule I under the 1961 Convention
                                                the Secretary-General of the United                     the focal point responsible for coordinating
                                                                                                                                                              groups together cannabis and cannabis
                                                Nations (the U.N. Secretary-General)                    answers to the questionnaires. A list of focal
                                                                                                        points designated by Member States for the            resin, extracts, and tinctures of
                                                and provide the U.N. Secretary-General                                                                        cannabis, that cannabis plant and
                                                with information in support of its                      39th ECDD in November 2017 is attached. It
                                                                                                        is requested that if a focal point’s contact          cannabis resin are also in Schedule IV
                                                opinion.                                                                                                      of the 1961 Convention, that there are
                                                                                                        details including email address are to be
                                                   Paragraph (d)(2)(A) of the CSA (21                   added or amended, that Member States                  natural and synthetic cannabinoids in
                                                U.S.C. 811) (Title II of the                            inform the Secretariat by 26 February 2018.           Schedule I and Schedule II of the 1971
                                                Comprehensive Drug Abuse Prevention                     Any additions or amendments to focal point            Convention, and that cannabis had
                                                and Control Act of 1970) provides that                  designations should be emailed to                     never been subject to pre-review or
                                                when WHO notifies the United States                     ecddsecretariat@who.int.
                                                                                                                                                              critical review by the ECDD. The
                                                under Article 2 of the Psychotropic                        If no additions or amendments to focal
                                                                                                        point details are made by this date, the focal        Committee also noted an increase in the
                                                Convention that it has information that                                                                       use of cannabis and its components for
                                                may justify adding a drug or other                      point from 2017 will be approached by the
                                                                                                        Secretariat for questionnaire completion.             medical purposes and the emergence of
                                                substances to one of the schedules of the               Where there is a competent National                   new cannabis-related pharmaceutical
                                                Psychotropic Convention, transferring a                 Authority under the International Drug                preparations for therapeutic use. From
                                                drug or substance from one schedule to                  Control Treaties, it is kindly requested that         this review, the 38th ECDD Committee
                                                another, or deleting it from the                        the questionnaires be completed in                    recommended that preparations be
                                                schedules, the Secretary of State must                  collaboration with such body.                         made to conduct pre-reviews at a future
                                                transmit the notice to the Secretary of                    Once the Secretariat has received the
                                                                                                                                                              meeting dedicated to the following
                                                Health and Human Services (Secretary                    contact details, focal points will be given
                                                                                                        further instructions and direct access to an          substances: Cannabis plant and
                                                of HHS). The Secretary of HHS must                                                                            cannabis resin, extracts and tinctures of
                                                then publish the notice in the Federal                  online questionnaire. The questionnaires will
                                                                                                        be analysed by the Secretariat and prepared           cannabis, THC, CBD, and stereoisomers
                                                Register and provide opportunity for                    as a report that will be published on the             of THC. An excerpt from the report of
                                                interested persons to submit comments                   ECDD website (https://www.who.int/                    the 38th ECDD stated that the purpose
                                                that will be considered by HHS in its                   medicines/access/controlled-substances/               of the pre-review was to determine
                                                preparation of the scientific and medical               ecdd/en/) prior to the 40th ECDD meeting.             whether current information justifies an
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                                                evaluations of the drug or substance.                   The provisional agenda for the meeting will           Expert Committee critical review. They
                                                                                                        also be made available in advance on the
                                                II. WHO Notification                                                                                          noted that the categories of information
                                                                                                        ECDD website.
                                                                                                           Member States are also encouraged to               for evaluating substances in pre-reviews
                                                  The Secretary of HHS received the                                                                           are identical to those used in critical
                                                                                                        provide any additional relevant information
                                                following notice from WHO (non-                                                                               reviews and that the pre-review is a
                                                                                                        (unpublished or published) that is available
                                                relevant text removed):                                 on these substances to: ecddsecretariat@              preliminary analysis, and findings
                                                Ref.: C.L.2.2018                                        who.int. This information will be an                  should not determine whether the


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                                                                                Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices                                           15157

                                                control status of a substance should be                 IV. Opportunity To Submit Domestic                    During Development of Systemic
                                                changed.                                                Information                                           Drugs.’’ This draft guidance addresses
                                                   Cannabis, also known as marijuana,                     As required by paragraph (d)(2)(A) of               FDA’s current thinking about the
                                                refers to the dried leaves, flowers, stems,             the CSA, FDA, on behalf of HHS, invites               relevant age groups to study and how
                                                and seeds from the Cannabis sativa or                   interested persons to submit comments                 early in the drug development pediatric
                                                                                                        regarding the five drug substances. Any               patients should be incorporated during
                                                Cannabis indica plant. It is a complex
                                                                                                        comments received will be considered                  development of systemic drugs for
                                                plant substance containing multiple
                                                                                                        by HHS when it prepares a scientific                  atopic dermatitis (AD).
                                                cannabinoids and other compounds,
                                                                                                        and medical evaluation of these drug                  DATES: Submit either electronic or
                                                including the psychoactive chemical
                                                THC and other structurally similar                      substances, responsive to the WHO                     written comments on the draft guidance
                                                                                                        Questionnaire request for these drug                  by June 8, 2018 to ensure that the
                                                compounds. Cannabinoids are defined
                                                                                                        substances. HHS will forward such                     Agency considers your comment on this
                                                as having activity at cannabinoid 1 and
                                                                                                        evaluation of these drug substances to                draft guidance before it begins work on
                                                2 (CB1 and CB2 respectively) receptors.                                                                       the final version of the guidance.
                                                                                                        WHO, for WHO’s consideration in
                                                Agonists of CB1 receptors are widely
                                                                                                        deciding whether to recommend                         ADDRESSES: You may submit comments
                                                abused and are known to modulate
                                                                                                        international control/decontrol of any of             on any guidance at any time as follows:
                                                motor coordination, memory processing,
                                                                                                        these drug substances. Such control
                                                pain, and inflammation, and have                        could limit, among other things, the                  Electronic Submissions
                                                anxiolytic effects. Marijuana is the most               manufacture and distribution (import/                   Submit electronic comments in the
                                                commonly used illicit drug in the                       export) of these drug substances and                  following way:
                                                United States.                                          could impose certain recordkeeping                      • Federal eRulemaking Portal:
                                                   The principal cannabinoids in the                    requirements on them.                                 https://www.regulations.gov. Follow the
                                                cannabis plant include THC, CBD, and                      Although FDA is, through this notice,               instructions for submitting comments.
                                                cannabinol. FDA has not approved any                    requesting comments from interested                   Comments submitted electronically,
                                                product containing or derived from                      persons, which will be considered by                  including attachments, to https://
                                                botanical marijuana for any indication.                 HHS when it prepares an evaluation of                 www.regulations.gov will be posted to
                                                These substances are controlled in                      these drug substances, HHS will not                   the docket unchanged. Because your
                                                Schedule I under the CSA. Synthetic                     now make any recommendations to                       comment will be made public, you are
                                                THC (dronabinol) is the active                          WHO regarding whether any of these                    solely responsible for ensuring that your
                                                ingredient in two approved drug                         drugs should be subjected to                          comment does not include any
                                                products in the United States,                          international controls. Instead, HHS will             confidential information that you or a
                                                MARINOL capsules (and generics) and                     defer such consideration until WHO has                third party may not wish to be posted,
                                                SYNDROS oral solution. MARINOL is                       made official recommendations to the                  such as medical information, your or
                                                controlled in Schedule III, while                       Commission on Narcotic Drugs, which                   anyone else’s Social Security number, or
                                                SYNDROS is controlled in Schedule II                    are expected to be made in mid-2018.                  confidential business information, such
                                                                                                        Any HHS position regarding                            as a manufacturing process. Please note
                                                under the CSA. Both MARINOL and
                                                                                                        international control of these drug                   that if you include your name, contact
                                                SYNDROS are approved to treat
                                                                                                        substances will be preceded by another                information, or other information that
                                                anorexia associated with weight loss in
                                                                                                        Federal Register notice soliciting public             identifies you in the body of your
                                                patients with acquired
                                                                                                        comments, as required by paragraph                    comments, that information will be
                                                immunodeficiency syndrome (AIDS),                       (d)(2)(B) of the CSA.                                 posted on https://www.regulations.gov.
                                                and nausea and vomiting associated                                                                              • If you want to submit a comment
                                                with cancer chemotherapy in patients                      Dated: April 4, 2018.
                                                                                                        Leslie Kux,                                           with confidential information that you
                                                who have failed to respond adequately                                                                         do not wish to be made available to the
                                                to conventional treatment.                              Associate Commissioner for Policy.
                                                                                                                                                              public, submit the comment as a
                                                                                                        [FR Doc. 2018–07225 Filed 4–6–18; 8:45 am]
                                                   CBD is another cannabinoid identified                                                                      written/paper submission and in the
                                                                                                        BILLING CODE 4164–01–P
                                                in cannabis. CBD has been tested in                                                                           manner detailed (see ‘‘Written/Paper
                                                experimental animal and laboratory                                                                            Submissions’’ and ‘‘Instructions’’).
                                                models of several neurological                          DEPARTMENT OF HEALTH AND                              Written/Paper Submissions
                                                disorders, including those of seizure                   HUMAN SERVICES
                                                and epilepsy. In the United States, CBD-                                                                        Submit written/paper submissions as
                                                containing products are in human                        Food and Drug Administration                          follows:
                                                clinical testing in several therapeutic                                                                         • Mail/Hand delivery/Courier (for
                                                                                                        [Docket No. FDA–2018–D–1175]                          written/paper submissions): Dockets
                                                areas, but no such products have
                                                marketing approval by FDA for any                                                                             Management Staff (HFA–305), Food and
                                                                                                        Atopic Dermatitis: Timing of Pediatric                Drug Administration, 5630 Fishers
                                                medical purposes in the United States.                  Studies During Development of
                                                CBD is controlled as a Schedule I                                                                             Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                        Systemic Drugs; Draft Guidance for                      • For written/paper comments
                                                substance under the CSA. CBD is not                     Industry; Availability                                submitted to the Dockets Management
                                                specifically listed in the schedules of
                                                                                                        AGENCY:    Food and Drug Administration,              Staff, FDA will post your comment, as
                                                the 1961, 1971, or 1988 International
                                                                                                                                                              well as any attachments, except for
sradovich on DSK3GMQ082PROD with NOTICES




                                                Drug Control conventions.                               HHS.
                                                                                                        ACTION:   Notice of availability.                     information submitted, marked and
                                                   At the 39th (2017) meeting of the                                                                          identified, as confidential, if submitted
                                                ECDD, the committee pre-reviewed CBD                    SUMMARY:  The Food and Drug                           as detailed in ‘‘Instructions.’’
                                                and recommended that extracts or                        Administration (FDA or Agency) is                       Instructions: All submissions received
                                                preparations containing almost                          announcing the availability of a draft                must include the Docket No. FDA–
                                                exclusively CBD be subject to critical                  guidance for industry entitled ‘‘Atopic               2018–D–1175 for ‘‘Atopic Dermatitis:
                                                review at the 40th ECDD meeting.                        Dermatitis: Timing of Pediatric Studies               Timing of Pediatric Studies During


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Document Created: 2018-04-07 02:39:31
Document Modified: 2018-04-07 02:39:31
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; request for comments.
DatesSubmit either electronic or written comments by April 23, 2018.
ContactJames R. Hunter, Center for Drug Evaluation and Research, Controlled Substance Staff, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5150, Silver Spring, MD 20993-0002, 301-796-3156, email: [email protected]
FR Citation83 FR 15155 

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