Marinol is considered schedule 3 because amongst other claims like low abuse potential, it is synthetic THC made in a lab, and because it is sold as THC mixed in sesame oil in a soft gelatin capsule. Natural THC although identical to the synthetic THC is still prohibited, as is THC without sesame oil or the soft capsule. This was done by the USA government to make it hard to impossible to use herbal Cannabis as a medicine while allowing the same active ingredients, THC, to be made synthetically and sold. The USA government, National Cancer Institute, developed THC as a patent and then in 1985 sold the patent to Unimed and also assisted rescheduling in a hope to defuse the growing demand for marijuana as medicine. But an oral pill for nausea control is absurd, and patients soon discovered that Cannabis was in fact more useful for many patients if not most.
"On July 13, 1986, the Drug Enforcement Administration (DEA) issued a Final Rule and Statement of Policy authorizing the "Rescheduling of Synthetic Dronabinol in Sesame Oil and Encapsulated in Soft Gelatin Capsules From Schedule I to Schedule II" (DEA 51 FR 17476-78). This permitted medical use of Marinol, albeit with the severe restrictions associated with Schedule II status. For instance, refills of Marinol prescriptions were not permitted. At its 1045th meeting, on April 29, 1991, the Commission on Narcotic Drugs, in accordance with article 2, paragraphs 5 and 6, of the Convention on Psychotropic Substances, decided that ?9-tetrahydrocannabinol (also referred to as ?9-THC) and its stereochemical variants should be transferred from Schedule I to Schedule II of that Convention. This released Marinol from the restrictions imposed by Article 7 of the Convention.
In 1999, Marinol was rescheduled from Schedule II to III of the Controlled Substances Act, reflecting a finding that THC had a potential for abuse less than that of cocaine, and heroin. This rescheduling comprised part of the argument for a 2002 petition for removal of cannabis from Schedule I of the Controlled Substances Act, in which petitioner Jon Gettman noted, "Cannabis is a natural source of dronabinol (THC), the ingredient of Marinol, a Schedule III drug. There are no grounds to schedule cannabis in a more restrictive schedule than Marinol".
At its 33rd meeting, the World Health Organization Expert Committee on Drug Dependence recommended transferring THC to Schedule IV of the Convention, citing its medical uses and low abuse potential. This would put THC in the Convention's least stringently-controlled Schedule."
Although the DEA is in charge of the rescheduling of THC, the HHS, Secretary's findings on scientific and medical issues are binding on the DEA. The HHS Secretary can even unilaterally legalize cannabis: "If the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance."
Besides Marinol from Solvay, generic versions of THC were approved for sale in 2008 by Pars Pharmaceuticals and also another from Watson Pharmaceuticals, although the Watson Dronabinol generic is supplied by Solvay.
I predict that natural THC mixed in sesame oil and in a soft gelatin will be rescheduled in 2009 in the USA. But in truth the effects will be identical to Marinol, because THC, synthetic or natural is exactly the same.
Funny how the USA government in an effort to delay patients request for marijuana for medicine allowed Marinol to be rescheduled and sold, only to find it increased the demand for herbal Cannabis for medicine.
10 years later the voters in California passed 215 and the issue of herbal Cannabis for medicine Vs synthetic THC was again at the forefront. In the beginning the USA government said that a pill made Marinol safe because you did not need to smoke it, now Unimed is working on a Dronabinol inhaler, without smoke but used pretty much like a joint or really a vaporizor, although they use a nebulizer for delivery.
BTW in the USA propaganda is policy, unfortunately.
Several companies in Germany and the Netherlands have also started to produce and sell THC pharmaceutical products to patients including a pill that has the THC in a dry form.
To me the more delivery forms the more choices and much better for patients.
-Hempsci