[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Rules and Regulations]
[Pages 14815-14820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05809]



[[Page 14815]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-344]


Schedules of Controlled Substances: Placement of FDA-Approved 
Products of Oral Solutions Containing Dronabinol [(-)-delta-9-trans-
tetrahydrocannabinol (delta-9-THC)] in Schedule II

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Interim final rule, with request for comments.

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SUMMARY: On July 1, 2016, the U.S. Food and Drug Administration (FDA) 
approved a new drug application for Syndros, a drug product consisting 
of dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] 
oral solution. Thereafter, the Department of Health and Human Services 
(HHS) provided the Drug Enforcement Administration (DEA) with a 
scheduling recommendation that would result in Syndros (and other oral 
solutions containing dronabinol) being placed in schedule II of the 
Controlled Substances Act (CSA). In accordance with the CSA, as revised 
by the Improving Regulatory Transparency for New Medical Therapies Act, 
DEA is hereby issuing an interim final rule placing FDA-approved 
products of oral solutions containing dronabinol in schedule II of the 
CSA.

DATES: The effective date of this rulemaking is March 23, 2017. 
Interested persons may file written comments on this rulemaking in 
accordance with 21 CFR 1308.43(g). Electronic comments must be 
submitted, and written comments must be postmarked, on or before April 
24, 2017. Commenters should be aware that the electronic Federal Docket 
Management System will not accept comments after 11:59 p.m. Eastern 
Time on the last day of the comment period.
    Interested persons, defined at 21 CFR 1300.01 as those ``adversely 
affected or aggrieved by any rule or proposed rule issuable pursuant to 
section 201 of the Act (21 U.S.C. 811),'' may file a request for 
hearing or waiver of hearing pursuant to 21 CFR 1308.44. Requests for 
hearing and waivers of an opportunity for a hearing or to participate 
in a hearing must be received on or before April 24, 2017.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. DEA-344'' on all correspondence, including any 
attachments.
     Electronic comments: The Drug Enforcement Administration 
encourages that all comments be submitted electronically through the 
Federal eRulemaking Portal, which provides the ability to type short 
comments directly into the comment field on the Web page or attach a 
file for lengthier comments. Please go to http://www.regulations.gov 
and follow the online instructions at that site for submitting 
comments. Upon completion of your submission, you will receive a 
Comment Tracking Number for your comment. Please be aware that 
submitted comments are not instantaneously available for public view on 
Regulations.gov. If you have received a Comment Tracking Number, your 
comment has been successfully submitted and there is no need to 
resubmit the same comment.
     Paper comments: Paper comments that duplicate the 
electronic submission are not necessary and are discouraged. Should you 
wish to mail a paper comment in lieu of an electronic comment, it 
should be sent via regular or express mail to: Drug Enforcement 
Administration, Attn: DEA Federal Register Representative/DRW, 8701 
Morrissette Drive, Springfield, VA 22152.
     Hearing requests: All requests for hearing and waivers of 
participation must be sent to: Drug Enforcement Administration, Attn: 
Acting Administrator, 8701 Morrissette Drive, Springfield, Virginia 
22152. All requests for hearing and waivers of participation should 
also be sent to: (1) Drug Enforcement Administration, Attn: Hearing 
Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) 
Drug Enforcement Administration, Attn: DEA Federal Register 
Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 
22152.

FOR FURTHER INFORMATION CONTACT: Michael J. Lewis, Diversion Control 
Division, Drug Enforcement Administration; Mailing Address: 8701 
Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-
8953.

SUPPLEMENTARY INFORMATION:

Posting of Public Comments

    Please note that all comments received are considered part of the 
public record. They will, unless reasonable cause is given, be made 
available by the Drug Enforcement Administration (DEA) for public 
inspection online at http://www.regulations.gov. Such information 
includes personal identifying information (such as your name, address, 
etc.) voluntarily submitted by the commenter. The Freedom of 
Information Act (FOIA) applies to all comments received. If you want to 
submit personal identifying information (such as your name, address, 
etc.) as part of your comment, but do not want it to be made publicly 
available, you must include the phrase ``PERSONAL IDENTIFYING 
INFORMATION'' in the first paragraph of your comment. You must also 
place all of the personal identifying information you do not want made 
publicly available in the first paragraph of your comment and identify 
what information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be made publicly available, you 
must include the phrase ``CONFIDENTIAL BUSINESS INFORMATION'' in the 
first paragraph of your comment. You must also prominently identify the 
confidential business information to be redacted within the comment.
    Comments containing personal identifying information and 
confidential business information identified as directed above will 
generally be made publicly available in redacted form. If a comment has 
so much confidential business information or personal identifying 
information that it cannot be effectively redacted, all or part of that 
comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information 
(such as name, address, and phone number) included in the text of your 
electronic submission that is not identified as directed above as 
confidential.
    An electronic copy of this document and supplemental information, 
including the complete Department of Health and Human Services and Drug 
Enforcement Administration eight-factor analyses, to this interim final 
rule are available at http://www.regulations.gov for easy reference.

Request for Hearing, Notice of Appearance at Hearing, or Waiver of 
Participation in Hearing

    Pursuant to 21 U.S.C. 811(a), this action is a formal rulemaking 
``on the record after opportunity for a hearing.'' Such proceedings are 
conducted pursuant to the provisions of the Administrative Procedure 
Act (APA), 5 U.S.C. 551-559. 21 CFR 1308.41-1308.45; 21 CFR part 1316, 
subpart D. In accordance with 21 CFR 1308.44(a) through (c), requests 
for a hearing, notices of appearance, and waivers of an opportunity for 
a hearing or to participate in a hearing may be submitted only by 
interested persons, defined as those ``adversely affected or aggrieved 
by any rule or proposed rule

[[Page 14816]]

issuable pursuant to section 201 of the Act (21 U.S.C. 811).'' 21 CFR 
1300.01. Requests for a hearing and notices of participation must 
conform to the requirements of 21 CFR 1308.44(a) or (b), as applicable, 
and include a statement of the interest of the person in the proceeding 
and the objections or issues, if any, concerning which the person 
desires to be heard. Any waiver of an opportunity for a hearing must 
conform to the requirements of 21 CFR 1308.44(c) including a written 
statement regarding the interested person's position on the matters of 
fact and law involved in any hearing.
    Please note that pursuant to 21 U.S.C. 811(a), the purpose and 
subject matter of the hearing are restricted to ``(A) find[ing] that 
such drug or other substance has a potential for abuse, and (B) 
mak[ing] with respect to such drug or other substance the findings 
prescribed by subsection (b) of section 812 of this title for the 
schedule in which such drug is to be placed * * *.'' Requests for a 
hearing and waivers of participation in the hearing should be submitted 
to DEA using the address information provided above.

Legal Authority

    Under the Improving Regulatory Transparency for New Medical 
Therapies Act (Pub. L. 114-89), which was signed into law on November 
25, 2015, DEA is required to commence an expedited scheduling action 
with respect to certain new drugs approved by the FDA. As provided in 
21 U.S.C. 811(j), this expedited scheduling is required where both of 
the following conditions apply: (1) The Secretary of HHS has advised 
DEA that a New Drug Application (NDA) has been submitted for a drug 
that has a stimulant, depressant, or hallucinogenic effect on the 
central nervous system, and that it appears that such drug has an abuse 
potential and (2) the Secretary recommends that DEA control the drug in 
schedule II, III, IV, or V pursuant to 21 U.S.C. 811(a) and (b). In 
these circumstances, DEA is required to issue an interim final rule 
controlling the drug within 90 days.
    The law further states that the 90-day timeframe starts the later 
of (1) the date DEA receives the HHS scientific and medical evaluation/
scheduling recommendation or (2) the date DEA receives notice of the 
NDA approval by HHS. In addition, the law specifies that the rulemaking 
shall become immediately effective as an interim final rule without 
requiring the DEA to demonstrate good cause therefor. Thus, the purpose 
of subsection (j) is to speed the process by which DEA schedules newly 
approved drugs that are currently either in schedule I or not 
controlled (but which have sufficient abuse potential to warrant 
control) so that such drugs may be marketed without undue delay 
following FDA approval.\1\
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    \1\ Given the parameters of subsection (j), in DEA's view, it 
would not apply to a reformulation of a drug containing a substance 
currently in schedules II through V for which an NDA has recently 
been approved.
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    Subsection (j) further provides that the interim final rule shall 
give interested persons the opportunity to comment and to request a 
hearing. After the conclusion of such proceedings, DEA must issue a 
final rule in accordance with the scheduling criteria of subsections 21 
U.S.C. 811(b), (c), and (d) and 21 U.S.C. 812(b).

Background

    Syndros is an oral solution that contains 5 mg of dronabinol 
(delta-9-THC) per mL of solution. Dronabinol is the generic name 
(International Nonproprietary Name, INN) for the (-) delta-9-trans 
isomer of tetrahydrocannabinol (THC), the primary psychoactive 
substance in marijuana. On June 1, 2015, Insys Therapeutics (Sponsor) 
submitted an NDA to the U.S. Food and Drug Administration (FDA) for 
Syndros, an oral formulation of dronabinol. The FDA accepted the NDA 
filing for Syndros on August 6, 2015 and approved the NDA on July 5, 
2016. On December 28, 2016, the DEA received notification that HHS/FDA 
approved Syndros for the treatment of anorexia associated with weight 
loss in patients with Acquired Immune Deficiency Syndrome (AIDS), and 
for the treatment of nausea and vomiting resulting from cancer 
chemotherapy in patients who failed to respond to conventional anti-
emetic therapies.

Determination To Schedule FDA-Approved Products Containing Dronabinol 
in an Oral Solution

    On December 28, 2016, the HHS provided the DEA with a scientific 
and medical evaluation and scheduling recommendation related to 
dronabinol. Because DEA's authority to issue this interim final rule 
under subsection 811(j) is limited to drugs that are the subject of an 
approved NDA, and because the NDA was limited to an oral solution 
containing dronabinol, DEA's discussion here of the scheduling criteria 
is likewise limited to oral solutions containing dronabinol in FDA-
approved drug products.\2\ HHS's scientific and medical evaluation 
contained an eight-factor analysis of the abuse potential of FDA-
approved products of oral solutions containing dronabinol and 
recommended that such products be placed in schedule II of the CSA.
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    \2\ To the extent HHS's submissions to DEA are outside the scope 
of this interim final rule (i.e., those addressing dronabinol beyond 
that contained in an FDA-approved oral solution), they will not be 
addressed in this document.
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    In response, the DEA reviewed the scientific and medical evaluation 
and scheduling recommendation provided by the HHS, along with all other 
relevant data, and completed its own eight-factor review document 
pursuant to 21 U.S.C. 811(c). The DEA concluded that FDA-approved 
dronabinol oral solutions met the 21 U.S.C. 812(b)(2) criteria for 
placement in schedule II of the CSA.
    Pursuant to subsection 811(j), and based on the HHS recommendation, 
NDA approval by HHS/FDA, and DEA's determination, DEA is issuing this 
interim final rule to schedule FDA-approved dronabinol oral solution as 
a schedule II controlled substance under the CSA.
    Included below is a brief summary of each factor as analyzed by the 
HHS and the DEA, and as considered by the DEA in its scheduling action. 
Please note that both the DEA and HHS analyses are available in their 
entirety under ``Supporting Documents'' in the public docket for this 
interim final rule at http://www.regulations.gov, under Docket Number 
``DEA-344.'' Full analysis of, and citations to, the information 
referenced in the summary may also be found in the supporting and 
related material.
    1. Its Actual or Relative Potential for Abuse: Dronabinol is a 
generic name for the (-) delta-9-trans isomer of tetrahydrocannabinol 
(THC). THC is the primary psychoactive substance in marijuana. 
Dronabinol is the active pharmaceutical ingredient in Syndros. As 
stated by HHS, Marinol (synthetic dronabinol in sesame oil and 
encapsulated in a soft gelatin capsule) was approved by the FDA for 
medical use on May 31, 1985 and placed in schedule II based on its 
accepted medical use and high abuse potential. On July 2, 1999, Marinol 
was rescheduled from schedule II to schedule III because of the 
findings of the DEA that the difficulty of separating dronabinol from 
the sesame oil formulation and the delayed onset of behavioral effects 
due to oral route administration supported a lower abuse potential of 
Marinol as compared to substances in Schedule II. 64 FR 35928.
    According to HHS, although Syndros oral solution and Marinol 
capsules have

[[Page 14817]]

the same pharmacology, these formulations differ in their physical and 
chemical properties. Both these formulations have abuse potential as 
demonstrated by their effects on subjective scores of ``Drug Liking'' 
in human abuse potential studies. HHS indicated that the formulation of 
Syndros (oral solution) is easier to abuse than Marinol because this 
liquid formulation can be manipulated to produce concentrated extracts 
of dronabinol for abuse by inhalation (smoking or vaping) or through 
other routes of administration. Because of the large amount of 
dronabinol in Syndros oral solution it has a greater potential for 
extraction than Marinol and thus has a greater abuse potential. Based 
on the data from in vitro studies conducted by the Sponsor, the large 
amount of dronabinol in the Syndros formulation, its pharmacokinetics 
upon oral administration, and its contribution to marijuana 
psychoactivity, HHS stated that the abuse potential of the dronabinol 
oral solution is similar to that of other THC containing products such 
as concentrates, infused edibles and drinks. Similar to these THC 
containing products, Syndros oral solution can be easily manipulated to 
other forms that can be easily abused through inhalation and oral 
routes of administration.
    The 2014 and 2015 Monitoring the Future (MTF) \3\ survey indicated 
that THC containing products are being taken orally, smoked, and 
vaporized using devices such as e-cigarettes. There is a lack of 
evidence pertaining to diversion of Syndros or Marinol from legitimate 
drug channels. Syndros is not yet available on the market. Marinol and 
generic forms that reference it, have low levels of abuse and diversion 
according to the HHS and DEA, and this is attributed to the formulation 
of dronabinol in sesame oil.
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    \3\ MTF is a research program conducted at the University of 
Michigan's Institute for Social Research, under grants from NIDA. 
MTF tracks drug use trends among American adolescents in the 8th, 
10th, and 12th grades and high school graduates into adulthood by 
conducting national surveys.
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    2. Scientific Evidence of Its Pharmacological Effects, if Known: 
Dronabinol, also known as THC, is the primary psychoactive substance in 
marijuana and is also the active pharmaceutical ingredient in Syndros 
and Marinol. Dronabinol binds to and activates the cannabinoid 
receptors (CB1 and CB2). HHS states that CB1 receptors activation 
underlie the psychotropic effects and many other pharmacological 
effects of dronabinol. Some behavioral and other effects of dronabinol 
in humans consist of dizziness, nausea, tachycardia, euphoria, enhanced 
sensory perception, heightened imagination, impaired judgment, 
emotional lability, and increased appetite. Dronabinol has been 
reported to be self-administered intravenously by squirrel monkeys and 
intracerebroventricularly by rats. Discriminative stimulus effects of 
dronabinol are specific to CB1 cannabinoids, and unique because 
stimulants, hallucinogens, opioids, benzodiazepines, barbiturates, NMDA 
antagonists, and antipsychotics do not generalize to dronabinol.
    3. The State of Current Scientific Knowledge Regarding the Drug or 
Other Substance: Dronabinol is the generic name for (-)delta-9-trans-
tetrahydrocannabinol (THC) and is chemically known as (-)-(6aR-trans)-
6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-
ol and has the chemical formula 
C21H30O2. At room temperature (25 
[deg]C), dronabinol is a light-yellow oil and hardens upon 
refrigeration (4 [deg]C) and is insoluble in water. The FDA-approved 
Syndros formulation consists of 5 mg dronabinol/mL of a 50 percent w/w 
alcoholic solution. Syndros will be marketed as 30 mL aliquots in 
clear, amber glass bottles and each bottle will contain 150 mg 
dronabinol.
    In vitro manipulation studies with Syndros and Marinol (positive 
control) were conducted by the Sponsor. It was found that Syndros oral 
solution and Marinol capsules differ in their physiochemical 
properties. Specifically, Syndros, unlike Marinol, can be manipulated 
such that the dronabinol can be evaporated into residues that can be 
reconstituted for smoking or abused intravenously. According to HHS, 
Syndros contains a large amount of dronabinol (150 mg of dronabinol in 
30 mL of solution) and would be an easily accessible source for abuse 
via the oral route.
    4. Its History and Current Pattern of Abuse: There is a long 
history of abuse of THC in the United States. HHS noted that dronabinol 
in Marinol capsules is difficult to extract and therefore, cannot be 
used for smoking, vaping, or as an edible. The dronabinol in Syndros, 
however, is relatively easy to extract and concentrated forms can be 
used for smoking, vaping, or the sweetened alcoholic dronabinol in 
Syndros can be used as a substitute for THC in edibles. In the 2015 MTF 
survey, it was reported that teens were more likely to use e-cigarettes 
(vaping) than regular cigarettes (smoking). In this survey, 6.1 percent 
of 12th graders reported vaporizing marijuana or hash oil in their last 
e-cigarette. Additionally, in a recent analysis of marijuana users, 12 
percent of users preferred vaping the drug over any other method and 
considered it a safer alternative to smoking. As a result, these data 
suggest that if dronabinol extracts or concentrates are available from 
dronabinol sources such as Syndros, a certain percent of the population 
are likely to vape these substances.
    5. The Scope, Duration, and Significance of Abuse: As noted by HHS, 
information on the scope, duration, and significance of abuse of 
dronabinol was considered for both oral and inhalation routes. Data 
analyzed from the 2014 Summer Styles Survey, a national representative 
consumer panel survey of adult marijuana users aged 18 or older, showed 
that the majority of current marijuana users prefer smoking marijuana. 
In the same survey, it was reported that 16 percent of the current 
users consumed THC containing edibles or drinks. Individuals who 
preferred vaping (using a device to vaporize liquid THC) believed that 
vaping is ``healthier, better tasting'' and resulted in ``better 
effects'' associated with marijuana and THC.
    6. What, if any, Risk There is to the Public Health: As stated by 
HHS, labeling on the Marinol packaging indicates that Central Nervous 
System (CNS) adverse reactions are dose-related and subject to patient 
variability. CNS adverse reactions are more likely to occur at higher 
doses of dronabinol. Following oral Marinol (dronabinol) doses of 0.4 
mg/kg, CNS symptoms such as amnesia, confusion, delusions, depression, 
and hallucinations have been observed. According to HHS, it is assumed 
that Syndros oral solution will have similar adverse effects to 
Marinol. One concern with Syndros is that there is a large amount of 
dronabinol present in the product (150 mg dronabinol per bottle, 30 mL 
solution) that can easily be abused orally and may result in unintended 
overdoses.
    Oral consumption of dronabinol, compared to inhaled THC, may result 
in psychoactive effects that are delayed and stronger with an increased 
risk of experiencing serious adverse events. When dronabinol (THC) is 
smoked, the drug rapidly reaches the brain and psychoactive effects are 
felt within minutes of inhalation, which allows the subject to control 
the dose more readily. Due to the absorption and metabolism by the 
liver following oral ingestion of dronabinol, it takes longer for an 
individual to feel the psychoactive effects. Therefore, the individual 
may underestimate the ingestion amount needed to feel the psychoactive 
effects

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which may potentially result in an overdose.
    7. Its Psychic or Physiological Dependence Liability: As stated in 
labeling for Marinol and Syndros, psychological and physical dependence 
has been observed in healthy individuals following use of dronabinol. 
Abrupt discontinuation of dronabinol in individuals receiving 210 mg/
day (25 times the recommended daily dose for the treatment of anorexia 
associated with weight loss in AIDS patients) for 12 to 16 days 
resulted in undesirable symptoms including insomnia, irritability, and 
restlessness at 12 hours after discontinuation. These symptoms worsened 
to include hot flashes, anorexia, sweating, rhinorrhea, loose stools, 
and hiccoughs at 24 hours after discontinuation of dronabinol.
    8. Whether the Substance is an Immediate Precursor of a Substance 
Already Controlled under the CSA: Dronabinol oral solution is not an 
immediate precursor of any controlled substance.
    Conclusion: After considering the scientific and medical evaluation 
conducted by the HHS, the HHS' recommendation, and its own eight-factor 
analysis, the DEA has determined that these facts and all relevant data 
constitute substantial evidence of a potential for abuse of dronabinol 
oral solution. As such, the DEA hereby schedules FDA-approved products 
containing dronabinol oral solution as controlled substances under the 
CSA.

Determination of Appropriate Schedule

    The CSA lists the findings required to place a drug or other 
substance in any particular Schedule (I, II, III, IV, or V). 21 U.S.C. 
812(b). After consideration of the analysis and recommendation of the 
Assistant Secretary for Health of the HHS and review of all available 
data, the Acting Administrator of the DEA, pursuant to 21 U.S.C. 
812(b)(2), finds that:
    1. FDA-approved products containing dronabinol in an oral solution 
have a high potential for abuse. The physicochemical properties of 
Syndros allow extraction of dronabinol for abuse through oral or 
inhalation (smoking or vaping) routes. Dronabinol is not easily 
extractable from Marinol. Oral abuse of dronabinol-containing products 
is associated with hallucinations, mood alterations, and paranoia. The 
2015 MTF Survey reported that 6.1 percent of the 12th graders used e-
cigarettes to vaporize marijuana or cannabinoid substances. Similarly, 
the 2014 Summer Styles Survey, 16 percent of current marijuana users 
indicated that they have consumed dronabinol containing edibles or 
drinks. These data collectively indicate FDA-approved oral solutions 
containing dronabinol have high potential for abuse.
    2. FDA-approved products containing dronabinol in an oral solution 
have a currently accepted medical use in treatment in the United 
States. The FDA approved an oral solution containing dronabinol 
(Syndros) for the treatment of anorexia associated with weight loss in 
patients with AIDS, and for the treatment of nausea and vomiting 
associated with cancer chemotherapy in patients who have failed to 
respond adequately to conventional antiemetic treatments.
    3. FDA-approved products containing dronabinol in an oral solution 
may lead to severe physical dependence. Following discontinuation of 
dronabinol at a dose 210 mg/day (25 times higher than the recommended 
daily dose for anorexia associated with weight loss in AIDS patients) 
for 12 to 16 consecutive days, withdrawal symptoms including 
irritability, insomnia, and restlessness were observed at 12 hours 
after discontinuation. These withdrawal symptoms worsened to include 
hot flashes, sweating, rhinorrhea, loose stools, hiccoughs, and 
anorexia at 24 hours after discontinuation of dronabinol. The 
withdrawal symptoms decreased gradually over the next 48 hours and 
patients reported having disturbed sleep for several weeks after 
discontinuation of dronabinol.
    Based on these findings, the Acting Administrator of the DEA 
concludes that FDA-approved products containing dronabinol [(-)-delta-
9-trans tetrahydrocannabinol (delta-9-THC)] in an oral solution warrant 
control in schedule II of the CSA. 21 U.S.C. 812(b)(2).

Requirements for Handling FDA-Approved Products Containing Dronabinol 
in an Oral Solution.

    Preliminarily, it should be noted that any form of dronabinol other 
than in an FDA-approved drug product remains a schedule I controlled 
substance, and those who handle such material remain subject to the 
regulatory controls, and administrative, civil, and criminal sanctions, 
applicable to schedule I controlled substances set forth in the CSA and 
DEA regulations. However, for those who handle dronabinol oral solution 
exclusively in the form of an FDA-approved drug product, the following 
is a summary of the schedule II regulatory requirements that apply as a 
result of this interim final rule:
    1. Registration. Any person who handles (manufactures, distributes, 
reverse distributes, dispenses, imports, exports, engages in research, 
or conducts instructional activities or chemical analysis with, or 
possesses) FDA-approved products containing dronabinol in an oral 
solution, or who desires to handle such products, must be registered 
with the DEA to conduct such activities pursuant to 21 U.S.C. 822, 823, 
957, and 958 and in accordance with 21 CFR parts 1301 and 1312. Any 
person who currently handles FDA-approved products containing 
dronabinol in an oral solution, and is not registered with the DEA, 
must submit an application for registration and may not continue to 
handle such products, unless the DEA has approved that application for 
registration, pursuant to 21 U.S.C. 822, 823, 957, and 958, and in 
accordance with 21 CFR parts 1301 and 1312.
    2. Quota. Only registered manufacturers are permitted to 
manufacture FDA-approved products containing dronabinol in an oral 
solution in accordance with a quota assigned pursuant to 21 U.S.C. 826 
and in accordance with 21 CFR part 1303.
    3. Disposal of stocks. Upon obtaining a schedule II registration to 
handle FDA-approved products containing dronabinol in an oral solution, 
any person who does not desire or is not able to maintain such 
registration must surrender all quantities of such products, or may 
transfer all quantities of such products to a person registered with 
the DEA in accordance with 21 CFR part 1317, in addition to all other 
applicable federal, state, local, and tribal laws.
    4. Security. FDA-approved products containing dronabinol in an oral 
solution are subject to schedule II security requirements and must be 
handled and stored pursuant to 21 U.S.C. 821, 823, and in accordance 
with 21 CFR 1301.71-1301.93.
    5. Labeling and Packaging. All labels, labeling, and packaging for 
commercial containers of FDA-approved products containing dronabinol in 
an oral solution must comply with 21 U.S.C. 825 and 958(e), and be in 
accordance with 21 CFR part 1302.
    6. Inventory. Every DEA registrant who possesses any quantity of 
FDA-approved products containing dronabinol in an oral solution must 
take an inventory of such products on hand, pursuant to 21 U.S.C. 827 
and 958, and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
    Any person who becomes registered with the DEA to handle FDA-
approved products containing dronabinol in an oral solution must take 
an initial inventory of all stocks of controlled

[[Page 14819]]

substances (including FDA-approved products containing dronabinol in an 
oral solution) on hand on the date the registrant first engages in the 
handling of controlled substances, pursuant to 21 U.S.C. 827 and 958, 
and in accordance with 21 CFR 1304.03, 1304.04, and 1304.11.
    After the initial inventory, every DEA registrant must take a new 
inventory of all stocks of controlled substances (including FDA-
approved products containing dronabinol in an oral solution) on hand 
every two years, pursuant to 21 U.S.C. 827 and 958, and in accordance 
with 21 CFR 1304.03, 1304.04, and 1304.11.
    7. Records and Reports. Every DEA registrant must maintain records 
and submit reports for FDA-approved products containing dronabinol in 
an oral solution, pursuant to 21 U.S.C. 827 and 958(e), and in 
accordance with 21 CFR parts 1304, 1312, and 1317.
    8. Orders for FDA-approved products containing dronabinol in an 
oral solution. Every DEA registrant who distributes FDA-approved 
products containing dronabinol in an oral solution is required to 
comply with order form requirements, pursuant to 21 U.S.C. 828, and in 
accordance with 21 CFR part 1305.
    9. Prescriptions. All prescriptions for FDA-approved products 
containing dronabinol in an oral solution must comply with 21 U.S.C. 
829, and be issued in accordance with 21 CFR parts 1306 and 1311, 
subpart C.
    10. Manufacturing and Distributing. In addition to the general 
requirements of the CSA and DEA regulations that are applicable to 
manufacturers and distributors of schedule II controlled substances, 
such registrants should be advised that (consistent with the foregoing 
considerations) any manufacturing or distribution of FDA-approved 
products containing dronabinol in an oral solution may only be for the 
legitimate purposes authorized by the FDCA and CSA.
    11. Importation and Exportation. All importation and exportation of 
FDA-approved products containing dronabinol in an oral solution must be 
in compliance with 21 U.S.C. 952, 953, 957, and 958, and in accordance 
with 21 CFR part 1312.
    12. Liability. Any activity involving FDA-approved products 
containing dronabinol in an oral solution not authorized by, or in 
violation of, the CSA or its implementing regulations, is unlawful, and 
may subject the person to administrative, civil, and/or criminal 
sanctions.

Regulatory Analyses

Administrative Procedure Act

    As explained above, under 21 U.S.C. 811(j), where a new drug is (1) 
approved by the Department of Health and Human Services (HHS) and (2) 
HHS recommends control in CSA schedule II-V, the DEA is required to 
issue an interim final rule scheduling the drug within 90 days. 
Additionally, the law specifies that the rulemaking shall become 
immediately effective as an interim final rule without requiring the 
DEA to demonstrate good cause. Therefore, the standard notice-and-
comment requirements of section 553 of the APA, 5 U.S.C. 553, do not 
apply to this scheduling action.

Executive Orders 12866, Regulatory Planning and Review, and 13563, 
Improving Regulation and Regulatory Review

    In accordance with 21 U.S.C. 811(j), this scheduling action is 
subject to formal rulemaking procedures performed ``on the record after 
opportunity for a hearing,'' which are conducted pursuant to the 
provisions of 5 U.S.C. 556 and 557. The CSA sets forth the procedures 
and criteria for scheduling a drug or other substance. Such actions are 
exempt from review by the Office of Management and Budget (OMB) 
pursuant to section 3(d)(1) of Executive Order 12866 and the principles 
reaffirmed in Executive Order 13563.

Executive Order 12988, Civil Justice Reform

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13132, Federalism

    This rulemaking does not have federalism implications warranting 
the application of Executive Order 13132. The rule does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments

    This rule does not have tribal implications warranting the 
application of Executive Order 13175. It does not have substantial 
direct effects on one or more Indian tribes, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 603(a), ``[w]henever an agency is 
required by [5 U.S.C. 553], or any other law, to publish general notice 
of proposed rulemaking for any proposed rule, or publishes a notice of 
proposed rulemaking for an interpretive rule involving the internal 
revenue laws of the United States, the agency shall prepare and make 
available for public comment an initial regulatory flexibility 
analysis.'' As noted in the above discussion regarding applicability of 
the Administrative Procedure Act, the notice-and-comment requirements 
of section 553 of the APA, 5 U.S.C. 553, do not apply to this 
scheduling action. Consequently, the RFA does not apply to this interim 
final rule.

Unfunded Mandates Reform Act of 1995

    In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995, 
2 U.S.C. 1501 et seq., the DEA has determined that this action would 
not result in any Federal mandate that may result ``in the expenditure 
by State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted for inflation) in any 
one year.'' Therefore, neither a Small Government Agency Plan nor any 
other action is required under UMRA of 1995.

Paperwork Reduction Act of 1995

    This action does not impose a new collection of information 
requirement under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501-
3521. This action would not impose recordkeeping or reporting 
requirements on State or local governments, individuals, businesses, or 
organizations. An agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.

Congressional Review Act

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 
(Congressional Review Act (CRA)). This rule will not result in: an 
annual effect on the economy of $100,000,000 or more; a major increase 
in costs or prices for consumers, individual industries, Federal, 
State, or local government agencies, or geographic regions; or 
significant adverse effects on

[[Page 14820]]

competition, employment, investment, productivity, innovation, or on 
the ability of U.S.-based companies to compete with foreign based 
companies in domestic and export markets. However, pursuant to the CRA, 
the DEA has submitted a copy of this interim final rule to both Houses 
of Congress and to the Comptroller General.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.

    For the reasons set out above, the DEA amends 21 CFR part 1308 as 
follows:

PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES

0
1. The authority citation for 21 CFR part 1308 continues to read as 
follows:

    Authority:  21 U.S.C. 811, 812, 871(b), unless otherwise noted.


0
2. In Sec.  1308.12, add paragraph (f)(2) to read as follows:


Sec.  1308.12  Schedule II.

* * * * *
    (f) * * *

 
(2) Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in        (7365)
 an oral solution in a drug product approved for marketing
 by the U.S. Food and Drug Administration...................
 

* * * * *

    Dated: March 20, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-05809 Filed 3-22-17; 8:45 am]
 BILLING CODE 4410-09-P