Controlled Substances: Adjustment to the Established 2014 Aggregate Production Quota for Marijuana, 25620-25621 [2014-10202]

Agencies

• Drug Enforcement Administration
• Department of Justice

[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Notices]
[Pages 25620-25621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10202]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-378]


Controlled Substances: Adjustment to the Established 2014 
Aggregate Production Quota for Marijuana

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Notice with request for comments.

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SUMMARY: This notice adjusts the established 2014 aggregate production 
quota for marijuana, a schedule I controlled substance under the 
Controlled Substances Act.

DATES: Effective date: May 5, 2014. Comment date: Interested persons 
may file written comments on this notice in accordance with 21 CFR 
1303.13. Electronic comments must be submitted and written comments 
must be postmarked, on or before June 4, 2014. Commenters should be 
aware that the electronic Federal Docket Management System will not 
accept comments after midnight Eastern Time on the last day of the 
comment period.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-378'' on all electronic and written correspondence. 
The DEA encourages that all comments be submitted electronically 
through the Federal eRulemaking Portal which provides the ability to 
type short comments directly into the comment field on the Web page or 
attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for 
submitting comments. Paper comments that duplicate electronic 
submissions are not necessary. Should you, however, wish to submit 
written comments, in lieu of electronic comments, they should be sent 
via regular or express mail to: Drug Enforcement Administration, 
Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette 
Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Ruth A. Carter, Office of Diversion 
Control, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152, Telephone: (202) 598-
6812.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received in response to this docket 
are considered part of the public record and will be made available for 
public inspection online at https://www.regulations.gov. Such 
information includes personal identifying information (such as your 
name, address, etc.) voluntarily submitted by the commenter.
    The Freedom of Information Act (FOIA) applies to all comments 
received. If you want to submit personal identifying information (such 
as your name, address, etc.) as part of your comment, but do not want 
it to be made publicly available, you must include the phrase 
``PERSONAL IDENTIFYING INFORMATION'' in the first paragraph of your 
comment. You must also place all of the personal identifying 
information you do not want made publicly available in the first 
paragraph of your comment and identify what information you want 
redacted. If you want to submit confidential business information as 
part of your comment, but do not want it to be made publicly available, 
you must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in 
the first paragraph of your comment. You must also prominently identify 
the confidential business information to be redacted within the 
comment. If a comment has so much confidential business information 
that it cannot be effectively redacted, all or part of that comment may 
not be made publicly available. Comments containing personal 
identifying information or confidential business information identified 
as directed above will be made publicly available in redacted form.
    An electronic copy of this document is available at https://www.regulations.gov for easy reference. If you wish to personally 
inspect the comments and materials received or the supporting 
information the DEA used in preparing this action, these materials will 
be available for public inspection by appointment. To arrange a 
viewing, please see the FOR FURTHER INFORMATION CONTACT paragraph 
above.
    Pursuant to 21 CFR 1303.13, any interested person may submit 
written comments on or objections to this notice. Based on comments 
received in response to this notice, the Administrator may hold a 
public hearing on one or more issues raised in the comments and 
objections filed. In the event the Administrator decides to hold such a 
hearing, the Administrator shall publish notice of the hearing in the 
Federal Register. After consideration of any comments or objections, or 
after a hearing, if one is held, the Administrator shall issue and 
publish in the Federal Register a notice regarding the adjustment to 
the established 2014 aggregate production quota for marijuana.\1\
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    \1\ Note that ``marihuana'' is the spelling originally used in 
the Controlled Substances Act (CSA). This document uses the spelling 
that is more common in current usage, ``marijuana.''
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Legal Authority

    The Drug Enforcement Administration (DEA) implements and enforces 
titles II and III of the Comprehensive Drug Abuse Prevention and 
Control Act of 1970, as amended. Titles II and III are referred to as 
the ``Controlled Substances Act'' and the ``Controlled Substances 
Import and Export Act,'' respectively, and are collectively referred to 
as the ``Controlled Substances Act'' or the ``CSA'' for the purpose of 
this action. 21 U.S.C. 801-971. The DEA publishes the implementing 
regulations for these statutes in title 21 of the Code of Federal 
Regulations (CFR), parts 1300 to 1321. The CSA and its implementing 
regulations are designed to prevent, detect, and eliminate the 
diversion of controlled substances and listed chemicals into the 
illicit market while providing for the legitimate medical, scientific, 
research, and industrial needs of the United States. Controlled 
substances have the potential for abuse

[[Page 25621]]

and dependence and are controlled to protect the public health and 
safety.
    Section 306 of the CSA (21 U.S.C. 826) requires the Attorney 
General to establish aggregate production quotas for each basic class 
of controlled substance listed in schedules I and II each year. The 
Attorney General has delegated this authority under 21 U.S.C. 826 to 
the Administrator of the DEA, 28 CFR 0.100.

Background

    The DEA established the initial 2014 aggregate production quotas 
and assessments for annual need on September 9, 2013 (78 FR 55099). The 
notice stipulated that, as provided for in 21 CFR 1303.13, all 
aggregate production quotas and assessments for annual need are subject 
to adjustment.

Analysis for Adjusting the Established 2014 Aggregate Production Quota 
for Marijuana Effective on the Date of Publication

    In determining to adjust the aggregate production quota, the DEA 
takes into consideration, among other factors, the relevant scientific 
and research needs of the United States. 21 U.S.C. 826; 21 CFR 
1303.13(b)(5).
    The National Institute on Drug Abuse (NIDA) is a component of the 
National Institutes of Health and the U.S. Department of Health and 
Human Services, and it oversees the cultivation, production and 
distribution of research-grade marijuana on behalf of the United States 
Government, pursuant to the Single Convention on Narcotic Drugs (March 
30, 1961, 18 UST 1407). NIDA recently notified the DEA that it required 
additional supplies of marijuana to be manufactured in 2014 to provide 
for current and anticipated research efforts involving marijuana. 
Specifically, NIDA stated that 600 kilograms is necessary to be 
manufactured in 2014.
    The DEA was unaware of NIDA's additional need at the time the 
initial aggregate production quota for marijuana was established in 
September 2013.
    The aggregate production quota for marijuana should be increased in 
order to provide a continuous and uninterrupted supply of marijuana in 
support of DEA-registered researchers who are approved by the Federal 
Government to utilize marijuana in their research protocols.
    In the event the established aggregate production quota is 
increased, DEA regulations require general notice of the adjustment 
prior to adjusting the quota. 21 CFR 1303.13(c). Due to the 
manufacturing process unique to marijuana, including the length of time 
and conditions necessary to propagate and process the substance for 
distribution in 2014, it is necessary to adjust the initial, 
established 2014 aggregate production quota for marijuana as soon as 
practicable. Accordingly, the Administrator finds good cause to adjust 
the aggregate production quota for marijuana before accepting written 
comments from interested persons or holding a public hearing, pursuant 
to 21 CFR 1303.13(c). More specifically, the Administrator finds, based 
on NIDA's aforementioned submission to DEA, that it is in the public 
interest to adjust the aggregate production quota immediately to ensure 
that the cultivation of marijuana to meet NIDA's anticipated needs to 
supply researchers can proceed within the current grow cycle. For this 
same reason, the Administrator finds that delaying the adjustment to 
the aggregate production quota for marijuana until after the comment 
period would be impracticable. Any such comments shall be considered if 
submitted in accordance with the procedures described herein.
    In issuing this adjustment, the DEA has taken into account the 
criteria that the DEA is required to consider in accordance with 21 CFR 
1303.13(b). The DEA determines whether to adjust the aggregate 
production quotas for basic classes of schedule I and II controlled 
substances by considering: (1) Changes in demand for the basic class, 
changes in the national rate of net disposal for the class, and changes 
in the rate of net disposal by the registrants holding individual 
manufacturing quotas for the class; (2) whether any increased demand or 
changes in the national or individual rates of net disposal are 
temporary, short term, or long term; (3) whether any increased demand 
can be met through existing inventories, increased individual 
manufacturing quotas, or increased importation, without increasing the 
aggregate production quota; (4) whether any decreased demand will 
result in excessive inventory accumulation by all persons registered to 
handle the class; and (5) other factors affecting the medical, 
scientific, research, and industrial needs of the United States and 
lawful export requirements, as the Administrator finds relevant.
    Based on the above, the Administrator adjusts the established 2014 
aggregate production quota for marijuana, to be manufactured in the 
United States in 2014 to provide for the estimated scientific, 
research, and industrial needs of the United States, and the 
establishment and maintenance of reserve stocks, expressed in grams of 
anhydrous acid or base, as follows:

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                                               Previously
                                               established    Adjusted
           Basic class--schedule I             2014 quota    2014 Quota
                                                   (g)           (g)
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Marijuana...................................       21,000       650,000
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    Dated: April 29, 2014.
Michele M. Leonhart,
Administrator.
[FR Doc. 2014-10202 Filed 5-2-14; 8:45 am]
BILLING CODE 4410-09-P