Day three of the federal marijuana rescheduling hearing was dominated by the continued cross-examination of Dr. Cory Burchman, the retired New Hampshire anesthesiologist offered by the government as its expert on treating pain with opioids and marijuana. It was not a good day for the government’s case. Burchman frequently declined to answer straightforward questions directly, and he grew defensive as the questioning wore on — a posture that did little to shore up his credibility.
Burchman noted the FDA’s very recent “breakthrough therapy” designation for a botanical cannabis drug under study for chronic back pain. The drug is VER-01, a standardized, full-spectrum extract of Cannabis sativa (strain DKJ127) developed by Vertanical and standardized to a fixed THC concentration. However, Burchman acknowledged that a breakthrough designation is not an approval, and that VER-01 remains unapproved by the FDA.
Burchman acknowledged that he recommends marijuana for mental health conditions without knowing the positions of the relevant professional associations — including the American Psychiatric Association — on whether marijuana is appropriate for treating those conditions. The admission is notable given that the FDA’s own witness testified earlier this week that the agency concluded marijuana’s risks outweigh its benefits for PTSD.
Cross-examination by SAM counsel John McNichols produced two of the day’s most significant moments. First, McNichols asked Burchman about his personal use of marijuana and THC, and when he had last used it. The government objected; McNichols responded that the question was relevant, among other reasons, to confirm the witness was not impaired for his own testimony — an exchange that drew audible amusement from the gallery. Second, and more consequentially, McNichols established that the Russo articles on which Burchman relies for his opinions were written by an author sponsored by the cannabis industry, leaving the government’s expert resting a portion of his scientific case on industry-funded literature.
Taken together, the day’s testimony extended the pattern of this hearing so far: the government’s own witnesses continue to make concessions that support the opponents’ case. The hearing continues ahead of the July 3 recess, with SAM’s expert witnesses still to come.