Survey Reveals Consumer Concerns: Potential Implications of Cannabis Rescheduling

Approximately one-third of marijuana consumers are likely to return to the illicit market if cannabis undergoes rescheduling and is only legally available through a Food and Drug Administration (FDA)-approved prescription drug, reveals a recent survey conducted by Nugg MD. The ongoing administrative review of cannabis scheduling by federal agencies has stirred concerns among consumers regarding potential government involvement following reclassification. Despite the U.S. Department of Health and Human Services (HHS) recommendation to move cannabis from Schedule I to Schedule III of the Controlled Substances Act, the FDA drug approval process remains separate, with botanicals typically not approved as prescription medications.

While industry observers anticipate the federal government allowing state cannabis markets to operate without interference post-rescheduling, concerns persist among advocates and consumers that pharmaceutical dominance could disrupt state-licensed businesses. The survey by Nugg MD underscores this apprehension, indicating that 32 percent of respondents would opt for the illicit market if their sole legal option was purchasing cannabis from a pharmacy with a prescription. Head of legal and policy research at NuggMD.com, Deb Tharp, emphasizes the need for legislative action to preserve existing state markets, emphasizing that pushing over 10 million people into an unregulated market could lead to safety concerns with black market cannabis.

The survey also delved into broader consumer preferences, with 77 percent expressing a preference for “traditional botanical products” over FDA-approved cannabis. Overall, 85 percent of participants favored federal rescheduling  of marijuana, and 69 percent preferred a marijuana industry operating in various state markets rather than having one centralized national market. Tharp emphasizes the clear message from the poll that consumers oppose FDA or pharmaceutical interference and calls for policymakers to preserve state cannabis markets while enabling regulated retailers to meet consumer demand without undue FDA compliance constraints. Additionally, the survey found that moving cannabis to Schedule III would exempt the industry from the 280E tax provision, with 70 percent of respondents trusting cannabis businesses to pass on tax savings to consumers. The Nugg MD survey, involving 795 cannabis consumers, was conducted from December 11-18 through telemedicine interviews.