The Council on Governmental Relations (COGR), representing a consortium of research universities and affiliated institutions, submitted a formal letter to SAMHSA expressing significant concerns regarding a newly required attestation for grant recipients. This attestation demands that institutions certify not only the proper use of grant funds in accordance with federal law—namely, not using funds to purchase, prescribe, or provide marijuana or treatment involving marijuana—but also seeks to extend responsibility to all sub-recipients and demands broader prohibitions than current statutes require. COGR argues that this requirement is duplicative, administratively burdensome, and goes beyond existing legal mandates by restricting activities unrelated to the direct use of federal grant funds, including the actions of affiliated physicians and the management of medical marijuana use authorized under state law.
COGR further notes that the language in the attestation, particularly the use of the term "permit," is vague and could be interpreted in ways that are unfeasible for universities to monitor or enforce. The organization highlights the contradiction this policy presents to efforts aimed at reducing barriers to essential research on Schedule I substances, such as marijuana, which often rely on studying populations using these substances under state law. While acknowledging a carveout for DEA and FDA-approved clinical research, COGR stresses that not all critical research falls under these categories. As a solution, COGR requests the removal or significant revision of the attestation requirement, advocating for its integration into grant terms and conditions rather than as a separate certification, and provides alternative language they believe would better reflect legal requirements and reduce administrative burdens, while still upholding federal compliance.
