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Melissa A. Chapaska and Judith D. Cassel of Cannibis Law PA in Harrisburg

Because marijuana is still frustratingly and inappropriately listed on Schedule 1 of the Controlled Substance Act (21 U.S.C. Section  321 et seq.) the federal rules applicable to labeling pharmaceuticals do not really apply to medical marijuana. The lack of safe and uniform labeling standards is just another casualty of the federal government’s placement of marijuana on the same schedule as drugs such as heroin, LSD and Ecstasy. Marijuana’s categorization as a Schedule 1 controlled substance has also created challenges for medical marijuana entities seeking to develop informed consent and disclaimers to minimize liabilities arising from any adverse effects experienced by patients. Physicians, grower/processors, and dispensary operators (participants) have therefore made varied attempts to try to properly inform patients of potential risks using labeling and informed consent forms.

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