Advocacy: Medical Cannabis CBD

On December 2, 2022, President Biden signed the Medical Marijuana and Cannabidiol Research Expansion Act into law. The new law—which was supported by the Foundation—will make it significantly easier to conduct medical research on cannabis in the United States. 

Importantly for people with epilepsy, the new law also clarifies that physicians may discuss the benefits and risks of cannabis as a medical treatment with their patients without violating the Controlled Substances Act. Many physicians had been reluctant to discuss cannabis and CBD use with their patients for fear of legal repercussions. We hope that this change will result in improved communications between people with epilepsy and their health care providers, resulting in improved treatment and outcomes.

As of November 2022, 48 states and the District of Columbia have legalized either the recreational or medical use of cannabis, or allow access to CBD, on the local level. Under federal law, cannabis is currently a Schedule I controlled substance, and illegal to use, buy, sell, or possess. The restrictive Schedule I status also creates a significant barrier to conducting medical research on the benefits or harms of cannabis as a treatment option for epilepsy and seizures as well as other complex, chronic conditions. 

However, in May 2024, the Department of Justice opened a comment period on rescheduling cannabis from Schedule I to Schedule III. Rescheduling may help to increase research on cannabis, but it will not legalize cannabis and will not resolve the conflicts between state and federal law on this issue. Rescheduling could take up to a year, and the Foundation will continue to advocate throughout this process for safe and legal access to medical cannabis for people with epilepsy. Additionally, for the past several years, the FDA has been looking at if and how CBD products should be regulated. The Foundation has submitted comments urging that people with epilepsy continue to have access if and as a regulatory framework is developed and that whatever regulatory framework is developed ensures safe and legal access.

Cannabis Laws by State (Updated May 2024)

*Please note that the above map does not reflect legislation that is not in effect yet.