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Law The Cannabis Chronicles - Misc Cannabis News

American Bar Association Passes Marijuana Resolutions

The American Bar Association (ABA), which was founded in 1878 a voluntary bar association of lawyers and law students, has approved two marijuana-related resolutions during its mid-year meeting.

Specifically, according to the Marijuana Moment, the group’s House of Delegates voted in favor of a proposal endorsing pending federal legislation to protect banks that provide services to state-legal marijuana businesses, as well as a proposal calling for a clarification of rules to ensure that lawyers will not be penalized for representing clients in cases concerning state-legal marijuana activity.

According to the banking resolution, the group “urges Congress to enact legislation to clarify and ensure that it shall not constitute a federal crime for banking and financial institutions to provide services to businesses and individuals, including attorneys, who receive compensation from the sale of state-legalized cannabis or who provide services to cannabis-related legitimate business acting in accordance with state, territorial, and tribal laws.”

The groups adds: “such legislation should clarify that the proceeds from a transaction involving activities of a legitimate cannabis-related business or service provider shall not be considered proceeds from an unlawful activity solely because the transaction involves proceeds from a legitimate cannabis-related business or service provider, or because the transaction involves proceeds from legitimate cannabis-related activities.”

A bill that would do just that was approved by the House of Representatives last year, but it’s currently stalled in the Senate.

“Passage of the [Secure and Fair Enforcement] Banking Act or similar legislation will provide security for lawyers and firms acting to advise companies in the industry against having their accounts closed or deposits seized,” a report attached to the ABA resolution states. “This will also foster the rule of law by ensuring that those working in the state-legalized legitimate cannabis industry can seek counsel and help prevent money laundering and other crimes associated with off-the-books cash transactions.”

“Currently, the threat of criminal prosecution prevents most depository institutions from banking clients, including lawyers, who are in the stream of commerce of state-legalized marijuana. This Resolution is necessary to clarify that such provision of legal and other services in compliance with state law should not constitute unlawful activity pursuant to federal law.”

The second marijuana-related resolution ABA adopted on Monday asks Congress to allow attorneys to serve clients in cannabis cases without facing federal punishment.

The Marijuana Moment notes that text of the measure states that the association “urges Congress to enact legislation to clarify and explicitly ensure that it does not constitute a violation of federal law for lawyers, acting in accord with state, territorial, and tribal ethical rules on lawyers’ professional conduct, to provide legal advice and services to clients regarding matters involving marijuana-related activities that are in compliance with state, territorial, and tribal law.”
 
Another Consumer Goods Company Is Getting Into the Cannabis Industry
Companies are slowly dipping their toes into the industry now that hemp-derived CBD products are legal federally.

Cannabidiol (CBD) is rising in popularity as people learn about its potential health benefits, which range from relaxation, pain relief, and fighting inflammation to treating people with epilepsy. There's still a lot for researchers to learn about CBD and what it can and cannot do, but in the meantime, companies are putting the cannabis compound just about everywhere, from burgers to pillows to clothing. That's why many companies are getting involved, including consumer goods companies that see an opportunity to help boost their sales by getting in on a hot new health trend.

Unilever (NYSE:UL) announced last year that it would be entering the cannabis industry through one of its subsidiaries, Schmidt's Naturals. The latest consumer products company to enter the cannabis fray is Colgate Palmolive (NYSE:CL).

Colgate purchases Hello Products
In January, Colgate announced it would purchase an oral care brand, Hello Products. The company sells toothpaste, floss, toothbrushes, and other oral hygiene products. One of the reasons Colgate is excited about the deal is because of Hello Products' focus on young customers, with what Colgate CEO Noel Wallace calls "distinct on-trend positioning."

One of the trends that Hello Products is banking on: hemp-derived CBD. Shortly after the acquisition announcement, Hello Products announced on Feb. 4 that it would be launching a line of CBD products: mouthwash, toothpaste, and even lip balm that contains CBD.

The company says in its press release that the CBD comes from "hemp grown by partner farms based in the U.S." Although marijuana remains illegal in the U.S. at the federal level, hemp-derived CBD products are not, thanks to the farm Bill, and they offer a way for companies to stay on the right side of the law.

Why it's worth the gamble for Colgate
Getting into a new line of health products is a fairly safe bet for Colgate to make. It already makes similar non-CBD products, and adding a new line to its portfolio could potentially tap the company into younger markets and help find a new type of customer. However, it's still far too early to tell how popular CBD oral care products will be and whether they're any better than what's on the market today. But for Colgate, it's likely a low-risk move. Hemp-based CBD is legal, and since the products are sold through Hello Products, Colgate's name won't directly be associated with cannabis -- which could turn off some customers, as cannabis legislation is still a polarizing topic for many people.

And as for the opportunity, investors only need to look as far as Charlotte's Web (OTC:CWBHF), which sells hemp products, to see the potential that exists. Over the past 12 months, the company generated more than $93 million in revenue, and its products are sold in more than 9,000 locations across the country. Charlotte's Web isn't in oral care, but it does focus on health and wellness products, which have proven to be popular.

What does this mean for investors?
Getting into cannabis products, especially oral care products, likely isn't going to give Colgate's numbers much of a bump in sales. The company posted $15.7 billion in revenue in 2019, so generating even a 1% improvement would require revenue of nearly $160 million. For oral care, the market might not be there just yet. Brightfield Group estimates that the total CBD market was worth more than $4 billion in 2019, but that includes both hemp and nonhemp products. And even though it expects the U.S. CBD market to be worth more than $24 billion by 2025, it's unclear how big a slice of that pie oral care could claim.

If you were going to buy shares of Colgate, its purchase of Hello Products likely won't impact your decision. It's too early to know the impact of this acquisition and whether the products will be successful in generating any significant revenue growth. The important takeaway from this is Colgate's move into cannabis in any form, suggesting that there might be some interest in the industry and that it could lead to moves down the road should full legalization of cannabis in the U.S. make more progress.

It's a sign that there could be some more potential cannabis acquisitions this year. A cannabis stock like Charlotte's Web, for instance, would allow investors to tap into the hype surrounding hemp-derived CBD products.
 
Yeah, this cat is definitely out of the bag. Love to see some politician advocating putting 250,000 people out of work. Yeah, right. haha

The Marijuana Industry Already Employs A Quarter Million Workers

The marijuana industry supported 240,000 jobs nationwide as 2020 began, according to a Leafly study that focuses on the cannabis job market. That’s 15 percent more marijuana-related jobs than at the beginning of 2019.
That percentage translates into 33,700 new jobs in 2019, with Massachusetts, Illinois, and Oklahoma leading the way on cannabis industry job growth.
The Cannabis Jobs Report provides a glimpse into the impact the cannabis industry has on jobs, especially potent given that only a handful of states have legalized its use. All while the federal government still classifies marijuana as a Schedule I substance, on par with heroin and cocaine.
“There are now nearly a quarter of a million Americans whose professional lives are categorized as illegal or nonexistent by the government of the United States,” the report states. “That is outrageous.”
Some states see a job boom related to legal weed, both medical and recreational.



The 250 percent projected growth in cannabis-related jobs between 2018 and 2028 is far greater than even the most lucrative new tech jobs in the nation. They include at-home nurse practitioners (28 percent), wind turbine service techs (57 percent), and solar photovoltaic or solar panel installers (63 percent).
More highlights from the report include:
  • Medical marijuana sales in Oklahoma tripled to $350 million as the industry created more than 7,000 full-time equivalent jobs in the state.
  • Medical dispensaries in Pennsylvania doubled their sales volume.
  • Ohio’s medical marijuana industry grew at a 273 percent rate
Illinois, which just opened its adult-use marijuana market for sales in 2020, has seen explosive job growth. The report has quickly ranked Illinois 10th in marijuana jobs in the nation, at 9,176.
The Chicago Sun-Times reported that other white-collar professions have sprouted around the marijuana industry. They include attorneys who specialize in cannabis-related legal issues as well as doctors and other medical professionals who have started to focus on treating cannabis patients.
One of those physicians, Dr. Rahul Khare, told the Sun-Times: “I didn’t think cannabis would ever be legal in medical school. I never thought I’d be using cannabis as a medication.”
For entrepreneurs, the coming growth provides a great opportunity.
Even states not listed among the fastest in job growth show huge potential.
For example, Florida has long been predicted a massive market
and 2019 proved that prediction to be correct. With the first full year of legal medical marijuana, Florida saw a 93% increase in total sales, according to the report.
The drive to get legal adult-use marijuana on the November ballot failed in Florida, but the state now has 300,000 medical marijuana patients, more than any other state. Florida's adult-use market would make up 12 percent of the national cannabis market and employ 128,000 by 2025 if recreational marijuana becomes legal, according to a 2019 study from New Frontier Data.
 
We all have to bite it on this one.
candidchronicle.com

Cannabis Companies Take A Hit From Coronavirus Outbreak - Candid Chronicle

As a result of the COVID-19 breakout, production in China has slowed and the cannabis industry supply chain is taking a hit. Cannabis industry analysts say that 90-95% of cannabis vape components are manufactured in Shenzen, China. The outbreak and subsequent cannabis industry supply chain...
candidchronicle.com candidchronicle.com
 
While the author of this article was referring to Canada... I feel that the U.S. (and probably other countries) could benefit from the same practice. So I'm putting the article here...

Bring on pot perestroika—and improve Canadian governments' fiscal capacity to respond to COVID-19

Every day, there's more awful economic news related to the novel coronavirus.

Concerts are being cancelled. Professional sports leagues are on hiatus. Airlines are warning of staff layoffs. Restaurant managers are seeing more empty tables than ever before.

Cultural industries and tourism have been hobbled. Universities have become ghost towns.

We'll soon see the impact on transportation authorities as they experience lower revenue from fares and gas taxes.

This economic contraction will likely leave federal and provincial governments awash in red ink. It could jeopardize major infrastructure projects, like planned rapid transit lines.

So why not look at cannabis as a way to address this malaise? Far more weed freedom could bring oodles more money into government treasuries.

According to the 2019 National Cannabis Survey, only 29.4 percent of Canadian cannabis users relied exclusively on legal sources for their pot.

"Many consumers obtained cannabis from multiple sources," Statistics Canada noted in February. "When all those who reported getting at least some of their cannabis from a legal source are combined, the percentage of consumers accessing (at least some) cannabis legally increased to 52.0% in 2019."

However, the legal market isn't nearly as appealing in B.C., where only 36 percent cannabis consumers purchased even a portion of their weed through licensed retailers.

Part of the reason is that the price is significantly lower on the black market, according to Statistics Canada.

Another factor is B.C.'s large number of craft cannabis growers. They have their own distribution networks operating outside of the legal framework.

The provincial government estimates that there 2,500 illegal weed growers in the Kootenays in southeastern B.C. Minimal efforts are bringing a handful of them into the legal sphere.

Who knows how many more people without federal licences are growing on the Gulf Islands and Vancouver Island?

These craft growers produce popular cultivars that aren't available through corporate cannabis giants. These strains can offer tremendous relief to medicinal users.

Yet more than a year after cannabis has been legalized in Canada, there are still no opportunities for farm-gate cannabis sales in B.C., where consumers can sample and purchase pot directly from these craft producers.

This is permitted with wine but not with weed. It's been promised but not delivered.
 
For Cannabis Companies, Coronavirus Threatens To Smoke Cash Flows

In a world suddenly disrupted by coronavirus (COVID-19) and its fallout — anxiety, the market free fall, increasing instances of self-quarantine and a consumer stampede every time hand sanitizer reappears on store shelves — the cannabis startup universe is no exception.
“The way that we are changing our business is that we are not doing live meetings or attending or speaking at events,” shared Wendy Robbins, half of the entrepreneurial duo (with Karen Paull) behind Amazon Prime’s The Marijuana Show.
“We’re not producing videos outside of our home, not travelling,” Robbins reported by email of hers and Paull’s new business routine. “Our biz now is 100 percent on the phone or Zoom for video meetings.”
Robbins and Paull are hardly alone: “We’re in the middle of this capital crunch – this Darwin phase, we like to call it,” Morgan Paxhia, managing director of Poseidon Asset Management, told MJBiz Daily. Paxhia said that the already-tight outlook for capital in the cannabis industry is being exacerbated by the virus and could result in some companies in the category failing altogether.
Of course there’s the Small Business Administration’s recent offer, to designated states and territories, of low-interest federal disaster loans.These loans would provide working capital to small businesses suffering substantial economic injury as a result of the coronavirus. And that might help cushion the blow for cannabis companies.
But capital flows aren’t their only problem. “It is my opinion that the coronavirus pandemic has and will continue to affect many aspects of the global supply chain,” Danny Davis, CEO and founder of Offstage Holdings (investing in hemp extraction and CBD companies), predicted by email. The reason for disruption in the supply chain, he explained, is China. Cannabis companies rely on China as a major provider of hardware in their industry.
Aggravating the problem, Davis said, has been the timing. Coronavirus was identified as an epidemic in China not long before the January 25 Chinese New Year. Companies in the city of Shenzhen that source hardware for U.S. hemp manufacturers were shut down due to the celebrations combined with the epidemic (now a pandemic) and did not start back to work until February 17. That was two-plus weeks later than expected, Davis said.
“Thus, less employees working, the late start on many pending projects and continued uncertainty have created a perfect storm for supply-chain derailment,” Davis said.
The result, the CEO continued by email, has been that many companies have begun efforts to source locally, “which I believe will drive up costs and delivery timelines.
“I am aware of major delays for R&D projects due to the lack of workers returning from Chinese New Year due to the back-to-back nature [with the] coronavirus. While work has resumed in major areas like Shenzhen, the backlog due to the virus is causing extended timelines and lower factory output efficiency due to continued labor shortages,” Davis said.
This potential for disruption, he said, is why his own company decided some time back not to import raw material, and to employ patent-pending label technology to ensure customers of U.S.-level lab quality and transparency in sourcing.
And the cannabis supply itself? MarketWatch reported that, “Thus far, the cannabis supply does not appear directly threatened.”
Dwight Blake, editor of AmericanMarijuana.org, a CBD-reviewing site, took a different view. “China is one of the leading hemp growers in the world,” he wrote by email. “They grow the hemp despite all marijuana products being illegal at home. The hemp they grow is for export, and a reduction of the output will negatively affect the availability of hemp and hemp products in the United States and the rest of the world.”
Whatever the eventual outlook for cannabis companies, the impact on scheduled meetings has been clear:
· The SXSW festival which had scheduled a cannabis business track with speakers from Marijuana Business Daily was cancelled.
· The American Herbal Products Association’s Hemp-CBD Congress and Dietary Supplement Regulatory Summit was postponed.
· The European marijuana business conference Spannabis Barcelona was postponed for several months.
Besides these events, MJBiz Daily reported, there’s been the cancellation or postponement of the International Cannabis Business Conference in Berlin and CannaTech in Tel Aviv.
All these factors, plus people’s underlying anxiety, have led to uncertainty in the industry and to industry leaders thinking about something other than their bottom line. Robbins, from The Marijuana Show, put it this way: “We’re all in for a wild ride, where self-care and solitude will be the norm.”
 
NFL's new marijuana policy: CBA changes rules dramatically for players

A lot will change with the NFL's new collective bargaining agreement, including a new drug policy in which players will no longer be suspended for positive marijuana tests.
The new CBA will reduce the testing period from four months to the two weeks at the start of training camp. A new threshold for a positive test will also be put in place, raising the allowed amount of THC from 35 nanograms to 150.The league is moving away from a punishment approach and toward providing help for those that need it. If a player tests positive during the two week stretch of training camp, his test is reviewed by a board of medical professionals that has been appointed by both the players and league. The board then decides if the player needs treatment.

The old CBA's guidelines were much more strict. NFL players with no previous violations were tested once in the offseason. During the regular season, 10 players per team were randomly selected to be tested each week. A positive test meant a referral to the substance abuse program. A second violation resulted in a fine of two game checks, a third violation was a fine of four game checks, a fourth violation was a four-game suspension, a fifth violation was a 10-game suspension and a sixth violation resulted in a one-year ban.

Josh Gordon and Randy Gregory have both had severe suspensions due to multiple positive tests for marijuana in the last few years. In similar cases under the new CBA, the results will be much different.

The new CBA also changes the policy on performance-enhancing drugs:
  • First failed test for stimulants or diuretics is a two-game suspension
  • First failed test for anabolic steroids is a six-game suspension
  • Manipulation or substitution and use of a prohibited substance is an eight-game suspension
  • Second failed test for stimulants or diuretics is a five-game suspension
  • Second failed test for anabolic steroids is a 17-game suspension
The CBA will also change how the NFL handles its discipline policy. Instead of having the commissioner decide, the new deal stipulates that a "neutral decision-maker" will make the official ruling on most disciplinary cases, which takes some of the power out of the commissioner's hands.
 
Baron23 said:
NFL's new marijuana policy: CBA changes rules dramatically for players

A lot will change with the NFL's new collective bargaining agreement, including a new drug policy in which players will no longer be suspended for positive marijuana tests.
The new CBA will reduce the testing period from four months to the two weeks at the start of training camp. A new threshold for a positive test will also be put in place, raising the allowed amount of THC from 35 nanograms to 150.The league is moving away from a punishment approach and toward providing help for those that need it. If a player tests positive during the two week stretch of training camp, his test is reviewed by a board of medical professionals that has been appointed by both the players and league. The board then decides if the player needs treatment.

The old CBA's guidelines were much more strict. NFL players with no previous violations were tested once in the offseason. During the regular season, 10 players per team were randomly selected to be tested each week. A positive test meant a referral to the substance abuse program. A second violation resulted in a fine of two game checks, a third violation was a fine of four game checks, a fourth violation was a four-game suspension, a fifth violation was a 10-game suspension and a sixth violation resulted in a one-year ban.

Josh Gordon and Randy Gregory have both had severe suspensions due to multiple positive tests for marijuana in the last few years. In similar cases under the new CBA, the results will be much different.

The new CBA also changes the policy on performance-enhancing drugs:
  • First failed test for stimulants or diuretics is a two-game suspension
  • First failed test for anabolic steroids is a six-game suspension
  • Manipulation or substitution and use of a prohibited substance is an eight-game suspension
  • Second failed test for stimulants or diuretics is a five-game suspension
  • Second failed test for anabolic steroids is a 17-game suspension
The CBA will also change how the NFL handles its discipline policy. Instead of having the commissioner decide, the new deal stipulates that a "neutral decision-maker" will make the official ruling on most disciplinary cases, which takes some of the power out of the commissioner's hands.
Click to expand...
Some of my tribe is CBD before/after sport’s!
I need THC and CBD to function?
 
"The move comes more than three years after the agency initially said it was accepting applications for additional marijuana manufacturers.

And this is an example of why I hold government in general contempt.

And by the by, when has anybody cared about what the United Nations thinks?

DEA Unveils New Rule To Finally Allow More Marijuana Growers For Research

The Drug Enforcement Administration (DEA) announced on Friday that it will be taking significant steps to expand marijuana research.


The agency is proposing a rule change that would enable it to approve additional cannabis growers and diversify the types of marijuana available to be used in studies. The move comes more than three years after the agency initially said it was accepting applications for additional marijuana manufacturers.


DEA stressed throughout the new notice that it will have sole ownership over any marijuana that’s cultivated for research purposes. That includes any cannabis that’s stored at cultivation facilities. This appears to be a fundamental change in policy. As it stands, a single facility in Mississippi is authorized to grow cannabis through a contract with the National Institute on Drug Abuse (NIDA), and DEA does not maintain ownership over its products.


“The Drug Enforcement Administration continues to support additional research into marijuana and its components, and we believe registering more growers will advance the scientific and medical research already being conducted,” Acting Administrator Uttam Dhillon said in a press release. “DEA is making progress to register additional marijuana growers for federally authorized research, and will continue to work with other relevant federal agencies to expedite the necessary next steps.”


A 60-day public comment period will be open for individuals to provide feedback on the proposal, which will be formally published in the Federal Register on Monday.


After DEA said in 2016 that it would allow more cannabis cultivators, 37 institutions submitted applications. Many applicants grew frustrated with inaction on their proposals, and one filed a lawsuit alleging that the agency was deliberately avoiding making good on its pledge. The plaintiff won a procedural victory in that case, with the court mandating that DEA take action.


However, because the agency did provide an update on the status of its process, the suit was dismissed last year. DEA argued that the high volume of applicants to manufacture cannabis, as well as what it saw as complications arising from international drug treaties to which the U.S. is a party, meant that it would have to develop new regulations to approve them.


“This is an important step and a byproduct of the legal action we filed last summer,” Sue Sisley, a researcher with the institution that filed the suit, told Marijuauna Moment. “The agency indicated it would propose new rules to govern approving new applicants to manufacture marijuana for research, and these appear to be those rules.”


Lawmakers have repeatedly pressured the agency to expedite the process of allowing more cannabis to be grown for studies. Last year, thirty bipartisan members of the House and Senate sent a letter to the Justice Department, urging officials to approve additional applications.


Attorney General William Barr has said he favors expanding research opportunities and testified at a Senate Appropriations Committee hearing last year that it’s something he’s “ been pushing very hard over the last few weeks.” He also said at that meeting that he’d prefer some level of federal regulations over cannabis as opposed to maintaining the status quo of prohibition.


His interim predecessor, Matthew Whitaker, had previously told Congress that international treaty obligations were complicating efforts to authorize more marijuana manufacturers—a point that’s was disputed by the U.S. State Department’s Bureau of International Narcotics and Law Enforcement in a 2016 letter to senators.


President Trump’s first attorney general, Jeff Sessions, had reportedly interfered in the process during his time in office. The anti-cannabis official also rescinded Obama era guidance laying out enforcement guidances on marijuana for federal prosecutors.


With respect to international treaty obligations, DEA said there are five requirements that countries allowing marijuana cultivation for research must adhere to in order to maintain compliance with United Nations rules. The agency already follows three of the five, but the “proposed rule would amend DEA’s regulations so that DEA directly carries out these remaining two functions.”


Those functions are: 1) requiring cultivators to deliver their cannabis directly to a government agency in a timely manner, but no longer than four months after harvest, and 2) ensuring that the agency holds the “exclusive right of importing, exporting, wholesale trading, and maintaining stocks of cannabis and cannabis resin,” except as it concerns medical marijuana preparations.


“DEA may accept delivery and maintain possession of such crops at the registered location of the registered manufacturer authorized to cultivate cannabis consistent with the maintenance of effective controls against diversion,” the notice states. “In such cases, DEA shall designate a secure storage mechanism at the registered location in which DEA may maintain possession of the cannabis, and DEA will control access to the stored cannabis.”


Further, the agency said it will control “importing, exporting, wholesale trading, and maintaining stocks,” and it may “exercise its exclusive right by authorizing the performance of such activities by appropriately registered persons.” It will also require written notice from cultivators about their estimated harvest date. That notice should be submitted at least 15 days prior to harvest.


“It should be noted that the timing of when DEA would take physical possession of the crops, if delayed, would not only increase the risk of diversion, but would also adversely impact the quality of the crop,” DEA said.


“If this proposed rule is promulgated, the following key changes are anticipated: more persons will be authorized to grow marihuana, DEA will purchase and take title to the crops of marihuana, and DEA will, with respect to marihuana, have the exclusive right of importing, exporting, wholesale trading, and maintaining stocks,” the notice states. “These changes would mean that authorized purchasers of bulk marihuana to be used for research, product development, and other purposes permitted by the CSA may only purchase from DEA, except that DEA’s exclusive rights would not extend to medicinal cannabis or cannabis preparations.”


DEA said this notice, which also lays out criteria for eligible cultivation applicants, “is the latest and most significant action taken to expand the number of registered marijuana growers in the United States and underscores the federal government’s support for scientific and medical research with marijuana and its chemical constituents.”


Corey Cox, a senior associate at Vicente Sederberg LLP, told Marijuana Moment that DEA’s application approval process has been “very slow” so far, but that the new filing is a positive sign.


“Given this history, even if the rules leave significant room for improvement, their publication in the Federal Register represents meaningful movement beyond the stalling tactics DEA has employed to date,” he said.


The agency said the proposed rule would increase the diversity of cannabis grown for research purposes—including products of varying quality and potency—which could produce “more effective research” and facilitate possible development of Food and Drug Administration-approved medicines.


There’s been widespread criticism over the quality of cannabis produced at the only federally authorized cultivation facility at the University of Mississippi. Studies have indicated that the institute’s products are chemically more similar to hemp than marijuana available in state-legal markets, raising questions about the applicability of studies that have relied on the government’s cannabis on real consumers.


The head of the federal cultivation facility said last year that he couldn’t understand demand for marijuana with higher THC concentrations, arguing that even eight percent THC (significantly lower that most products in commercial markets) is “extremely” potent.


Unlike the current system, DEA would have a much more hands-on role under the proposed rule.


For example, “DEA would travel to the National Center at the time of harvest and take title and possession to the crop.” After that point, the material would be maintained, under seal, in DEA’s possession in the National Center’s schedule I vault until such time that a distribution to another DEA registrant is authorized.”


It remains unclear how many cultivator applications will be approved. An economic analysis the agency will conduct will consider two hypothetical scenarios. Under the first, DEA would consider the impact of approving three additional growers. Under the second, it would look at the effects of approving 15 more. However, the agency said that “this range of potential registrants is not necessarily reflective of the actual number of applications that DEA will grant.”


The agency also described how it will judge various manufacturer applications, explaining that it would consider their “ability to consistently produce and supply marihuana of a high quality and defined chemical composition” and also look into whether “the applicant has demonstrated prior compliance with the CSA and DEA regulations.”


That second criterion could pose problems for several companies that have filed applications—such as Columbia Care and The Giving Tree Wellness Center—which operate cannabis dispensaries in defiance of federal marijuana prohibition.


Individuals with prior cannabis convictions may also be adversely impacted in the application process, as the proposed rule states that the agency will take into account violations of federal or state law “relating to the manufacture, distribution, or dispensing of such substances.”


Another provision of the rule concerns pricing for cannabis sold or purchased by DEA for research purposes. The agency said it will negotiate a fee based on “market forces” and also potentially add an administrative cost “to add onto the sales price of the marihuana it sells to end users.”


“DEA believes that economic forces will not only drive the types, varieties and strains of marihuana materials that will be produced by growers, but that such forces will also drive the fees that DEA-registrants will be willing to pay for marihuana used for research purposes,” it states.


The agency also said it anticipates “minimal procedural change for authorized researchers who plan to acquire bulk marihuana for research” as compared to current policy and that the “only anticipated procedural change is that some researchers would acquire the bulk marihuana from DEA, rather than from NIDA.”
 
Marijuana Businesses Are Ineligible For Coronavirus Disaster Relief, Federal Agency Confirms

The federal Small Business Administration (SBA) reiterated on Monday that marijuana companies are not eligible for disaster relief loans to lessen the blow of the coronavirus outbreak.

Because cannabis remains illegal at the federal level, the marijuana industry is being denied access to these aid opportunities, including programs administered by SBA. The agency’s Northwest branch confirmed that in a response to a tweet from a cannabis business owner who inquired about eligibility.

“With the exception of businesses that produce or sell hemp and hemp-derived products [that were federally legalized under the 2018 Farm Bill], marijuana-related businesses are not eligible for SBA-funded services,” the post states.

Greg Hubly, the Washington State-based business owner expressed frustration and said there are “10 families I’m responsible for and know all this talk about business relief is just more bullshit messaging for my industry.”

SBA recommended that he explore relief options provided by state or local agencies.

Last week, an SBA spokesperson similarly clarified that marijuana companies aren’t getting a cut of the federal dollars being appropriated for business disaster relief.

“Because federal law prohibits the sale and distribution of cannabis, the SBA does not provide financial assistance to businesses that are illegal under federal law,” SBA’s Carol Chastang told Cannabis Business Times. “Businesses that aren’t eligible include marijuana growers and dispensers, businesses that sell cannabis products, etc., even if the business is legal under local or state law.”

This barrier to aid access for what’s becoming a massive industry in states across the U.S. has elicited strong pushback from reform advocates and stakeholders.

A coalition of marijuana industry trade groups—including the National Cannabis Industry Association, National Cannabis Roundtable, Minority Cannabis Business Association and Cannabis Trade Federation—signed a joint letter last week, urging congressional leaders to lift restrictions and allow cannabis businesses to obtain the same relief as any other legitimate market.

“The ineligibility of cannabis businesses for disaster assistance loans is especially inequitable given that these same cannabis businesses are required to comply with other coronavirus-related measures, such as paid sick leave coverage,” the letter said. “We are not seeking special treatment for state-legal cannabis businesses. We only seek to have them treated on an equal level as all other job-generating, tax-paying companies in this country.”

There have been some legislative attempts to address the problem. A bill filed last year by the chairwoman of the House Small Business Committee included provisions that would enable marijuana businesses to access SBA services, and language from that legislation was later inserted in another comprehensive reform bill that cleared the House Judiciary Committee.

NORML, meanwhile, is reaching out to lawmakers asking them to ensure that marijuana industry workers are not discriminated against when it comes to unemployment benefits amid the pandemic.

The business end of this crisis is just one part of the issue for drug policy reform advocates. A growing number of campaigns to change state and local drug laws have been upended, with signature gathering efforts being suspended to protect public health.

From California to Nebraska to Washington, D.C., activists have been left scrambling. With businesses shuttering and governments asking residents to stay at home and avoid close contact with one another, signature collection efforts have been suspended for ballot initiative campaigns to amend reform state marijuana laws, legalize psilocybin mushrooms and decriminalize psychedelics. Several campaigns are asking officials to allow online signature collection.

In New York, plans to legalize cannabis through the budget appears to have been derailed as the state prioritizes a coronavirus response.
 
How The Coronaviurs Has Negatively Impacted Marijuana Legalization


Without the ability to gather in person, marijuana reform efforts have stalled in multiple states across the country.

If you want to fully understand how the coronavirus has impacted marijuana legalization, look at New York. Governor Andrew Cuomo vowed adult-use marijuana would come to the state this year, with reform occurring through the state budget. Cuomo’s proposal was given further momentum as regional states like New Jersey and Pennsylvania announced they would work with New York on the shared goal of introducing recreational marijuana to the Northeast.

Cuomo’s vision was derailed by the novel coronavirus. The state has justifiably dedicated their attention and resources toward the public health crisis. Lawmakers like State Sen. Liz Krueger, among the biggest supporters of adult-use legalization, told reporters she no longer sees the legislation as “realistic” in the current moment. State legislators believe ending prohibition should be done the right way and wait until the coronavirus outbreak is over.

“Our immediate priority should be passing a budget extender to keep the government running while ensuring the state has the necessary resources to address the coronavirus crisis,” Assemblyman Robert Smullen wrote in a column. “The potential legalization of marijuana and other unrelated policy issues should be legislated outside of the state budget when they can receive full and proper consideration.”

Cuomo hasn’t given up hope, though. He has tried to expedite marijuana legalization through an accelerated budget process. Although lawmaker support appears to be waning, Cuomo did not back down at a press conference Monday.

“We will pass a budget and address the policy items that we laid out and we discussed,” Cuomo said. “Because it’s not just about passing a budget and the numbers there are many policy initiatives that I laid out back in January and we’re going to pursue all of them.”

“I want to do legalizing marijuana,” he added.
Coronavirus: Bad For Marijuana Companies, Good For Investors?

Achieving groundbreaking marijuana legalization and practicing responsible behavior to combat the coronavirus appear at odds, however. Last month, Vermont’s House and Legislature agreed to terms for recreational marijuana, but couldn’t finalize details around regulation and tax rates. These important issue cannot be resolved right now, as lawmakers have temporarily adjourned as a precautionary measure.

Advocates in Nebraska have suspended collecting signatures in their medical marijuana legalization campaign in response to the coronavirus. The group needs to collect 130,000 signature by July to qualify medical marijuana as a ballot initiative, but that appears unlikely unless the coronavirus threat ends within the next few weeks. An Ohio group needed to gather 443,000 valid signatures from registered voters by July 1 as well to put recreational marijuana on the November ballot. But Ohio Governor Mike DeWine announced a “stay-at-home” order this week, suspending the group’s ability to mobilize.

The Nebraska group remains hopeful that medical marijuana will be on the ballot this November.

“Thank you to all Nebraskans who have given their support so far to our effort to get voter approval of legalized medical cannabis on the ballot this fall,” Nebraskans for Medical Marijuana wrote on Facebook. “Your signatures, along with overwhelming citizen support for the measure, is going to help make it a reality and bring relief to individuals and communities throughout our entire state.”
 
Damn right they are!! haha In Maryland, dispensaries, liquor stores, and gun stores....are all deemed essential biz! haha Otherwise the riots may well be worse than the virus! LOL

States Deem Medical Marijuana Essential Industry Amidst COVID-19 Emergency

Businesses are on the front lines of the COVID-19 outbreak. Employers must attempt to balance public health concerns, compliance with emergency government orders, employee safety, consumer demand, and financial reality. Many states are enacting restrictions on business activity or even forcing “non-essential” companies to close or transition to a work-from-home policy.

When the crisis began it was not at all clear how the medical marijuana industry would fare. Recent developments suggest the industry has not only escaped closure, but many states have relaxed existing restrictions to encourage greater patient access while containing the spread of the virus.

The United States medical marijuana market is estimated to reach nearly $8 billion in sales in 2020 with annual growth of around 17%. 33 states currently have some type of medical marijuana program with an estimated 3 million total patients across the country. The industry employs 240,000 people.

The onset of the COVID-19 outbreak presents a new arena of legal uncertainty for a rapidly expanding industry known to inhabit a constant state of flux. The Pennsylvania medical marijuana industry reached $500 million in total sales over just its first two years of existence. The Keystone State currently has about 150,000 medical marijuana patients. The New Jersey medical marijuana industry has likewise demonstrated remarkable growth following recent expansions of eligibility.

Mid-Atlantic States Respond to COVID-19
The COVID-19 outbreak is hitting the Mid-Atlantic states harder than many other areas. New Jersey and Pennsylvania have been among the most aggressive in enacting emergency measures to slow the spread of the virus. Many of these executive orders restrict the ability of “non-essential” businesses to operate for the duration of the ongoing emergency.

The ambiguity over which businesses are “essential” or “life-sustaining” has generated confusion amongst business leaders and warranted multiple clarifications from officials. Most states have policies in place allowing businesses to apply for waivers. New York, Connecticut, and New Jersey also enacted statewide shelter in place orders. Pennsylvania currently has a shelter in place order across 22 counties.

On March 19, 2020, Pennsylvania Governor Tom Wolf announced all “non-life-sustaining businesses” would be ordered to close physical locations. New York announced similar restrictions on March 20, 2020. On March 21, 2020, New Jersey Governor Phil Murphy signed Executive Order 107 forcing all “non-essential” retail businesses to close.

Is Medical Marijuana an Essential Business?
Nearly every state with a medical marijuana program has determined the industry should continue operating as an essential business. Under this designation, medical marijuana dispensaries are basically treated like pharmacies providing essential healthcare products.

Not only have states refrained from shutting down businesses engaged in the production and sale of medical marijuana, but many states have also relaxed existing restrictions.

Government promotion of social distancing may be making it easier for medical marijuana dispensaries to operate in Pennsylvania. On March 20, 2020, the Pennsylvania Department of Health announced the temporary suspension of several important restrictions. For the first time, patients and caregivers may pick up medical marijuana at the curb outside of dispensaries. Other loosened regulations in Pennsylvania include:
  • Waiver of limits on how much medical marijuana may be purchased
  • Elimination of background checks for caregivers.
  • Relaxed restrictions on the number of patients per caregiver.
  • Allowing remote consultations for the renewal of medical marijuana cards.
“In the midst of COVID-19, we need to ensure medical marijuana patients have access to medication,” Secretary of Health Dr. Rachel Levine said in a press release. “Medical marijuana grower/processors and dispensaries are considered life-sustaining businesses under the Governor’s order for nonlife-sustaining businesses to close. We want to be sure cardholders in the medical marijuana program can receive medication for one of 23 serious medical conditions during this difficult time.”

New Jersey also relaxed restrictions on medical marijuana establishments, known as Alternative Treatment Centers (“ATCs”). New Jersey is allowing curbside pickup and reducing fees for caregivers from $100 to $20. On March 24, 2020, the New Jersey Department of Health’s Division of Medical Marijuana released guidance on how ATCs may hire employees during the emergency period. The guidance relaxes restrictions on background checks for “provisional” employees. New Jersey has about 73,000 medical marijuana patients and generated an estimated $100 million in sales in 2019.

The New York Department of Health considers all medical marijuana companies to be “essential businesses” and implemented similar steps to ensure access during the outbreak. Regulations on home-delivery are temporarily relaxed and sales are now permitted at the door of dispensaries.

Like several other states, Connecticut defines “essential businesses” in terms of guidance from the Department of Homeland Security Cybersecurity and Infrastructure Security Agency. The Agency has a list of 16 critical infrastructure sectors. Notwithstanding federal law, Connecticut created an exception from this guidance by placing medical marijuana within the healthcare sector.

Some states are placing additional restrictions on medical marijuana dispensaries as part of their response to COVID-19. Maryland announced rules requiring dispensaries to limit over the counter interactions. The federal Small Business Administration is prohibited from offering disaster relief loans to any cannabis business.

Conclusion
The initial demand for medical marijuana during the COVID-19 outbreak was reported as very strong. Industry analysts estimate demand increased 20% nationwide in mid-March, 2020. Dispensaries in Pennsylvania and New Jersey reported long lines as patients added medical marijuana to their emergency shopping lists. Available data suggests this preliminary spike in demand was followed by a steep, sudden decline.

The long-term legal ramifications of the COVID-19 outbreak are difficult to predict. As the unprecedented public health emergency continues to spread across North America, the medical marijuana industry should continue to monitor the developing legal implications.
 
IMO, the DEA is, and has always been, full of shit.

After 4-year delay, DEA will review dozens of requests to grow marijuana for research

After nearly 4 years of what some researchers saw as foot dragging, the Drug Enforcement Administration (DEA) has announced it will evaluate 37 applications to grow marijuana for medical research and proposed new rules for the prospective growers that outline how the cannabis-growing program would work.

“The release of this framework is absolutely monumental and is the biggest, the most meaningful, and material progress made in federal cannabis policy in decades,” says George Hodgin, CEO of the Biopharmaceutical Research Company, one of the applicants. “It opens up a path for traditional drug development in the United States,” whereby researchers can conduct clinical trials and seek approval from the Food and Drug Administration (FDA) for marijuana-based therapies.

Not everyone shares Hodgin’s optimism. Federal rulemaking can take years because it involves soliciting and responding to public comments, not to mention potential litigation over the decision, says Shane Pennington, an attorney at Yetter Coleman LLP, a Houston law firm representing one of the applicants, the Scottsdale Research Institute (SRI). “DEA basically has … found a way to put this on the back burner a lot longer.”

DEA says the proposed rules, published 23 March in the Federal Register, are necessary to comply with federal law and international treaties. One of the most notable stipulations is that DEA would take possession of all marijuana (and any byproducts) from the new growers shortly after harvest and hold the exclusive right to distribute it. The agency says these measures are necessary to comply with the Single Convention on Narcotic Drugs, a 1961 treaty aimed at combatting drug trafficking.

The only marijuana that can be legally used for research in the United States is grown at the University of Mississippi, Oxford, under a contract with the National Institute on Drug Abuse (NIDA), an arrangement that has been in place for more than 50 years. But interest in the potential medical benefits of cannabis has grown in recent years, along with the number of Americans using the drug in states where it’s legal, and some researchers have become frustrated at being limited to this single source.
The NIDA cannabis doesn’t come close to representing the potency, quality, and diversity of what’s readily available in states with legal markets, says Sue Sisley, president and principal investigator of SRI, which recently completed a DEA-approved clinical trial of marijuana to treat post-traumatic stress disorder (PTSD) in military veterans. “When you’re talking about trying to develop cannabis into a medicine, [NIDA’s] product is fundamentally inadequate.”

In August 2016, DEA announced it would consider applications from other growers. Prospective growers (see a partial list here) included universities, research institutes, biotech startups, and companies that produce cannabis products in states where they are legal. But a few months later, President Donald Trump was elected and appointed Jeff Sessions, a longtime marijuana critic, as attorney general, a position that put him indirectly in charge of DEA. Applicants waited and wondered what was happening with their applications. “We heard nothing but crickets for 3 years,” Hodgin says, “despite multiple attempts at outreach through Congress and through direct outreach.”

Frustrated by the delays, SRI filed a lawsuit against DEA in June 2019 seeking to compel it to respond to the applications. In response, DEA said it would evaluate the pending applications—but only after proposing rules for administering the growing program. The reaction among applicants was mixed: Some were cautiously optimistic; others interpreted the move as a stall tactic.

Releasing the proposed rules last week “underscores the federal government’s support for scientific and medical research with marijuana and its chemical constituents,” DEA said in a statement. The agency noted it has registered 595 researchers to conduct marijuana studies—up from 371 in 2017—and increased the production quota for marijuana from 472 to 3200 kilograms in the same time period.

The notion that DEA would take possession and distribute cannabis grown for research constitutes a “huge leap” for the agency, according to Larry Houck, a pharmaceutical industry consultant and former investigator and policy adviser for DEA, from its established role of enforcing federal marijuana law. In a 26 March post on FDA Law Blog, Houck outlines several regulatory questions and concerns. “Can DEA be both a participant and regulator of the same activities?” he asks.

Sisley and her legal team see this stipulation as an unnecessary roadblock. She notes that DEA already has a mechanism for allowing manufacture and distribution of other tightly regulated drugs for clinical research, including MDMA, LSD, and psilocybin, each of which has been studied as a potential treatment for conditions such as PTSD and depression. “What we’re saying is [cannabis] shouldn’t be any different,” she says.

Other countries, including Canada and Australia, have licensed growers for research cannabis without taking possession of the drug, Sisley says. “All of them have looked at the [Single Convention] language and decided that this treaty was never designed to block research.”

The new rules may immediately eliminate several applicants from contention. A requirement that growers have never broken federal law, if enforced, would be a stumbling block for companies that already produce or distribute marijuana in states where it is legal. (Although it hasn’t been an enforcement priority for DEA, growing, selling, and even possessing cannabis is still a violation of federal law, even in states that have legalized it.)

Sisley says SRI complies with federal law and has not yet grown any marijuana, but she says the requirement would exclude experienced growers who already produce high-quality cannabis. “They would be ideal participants,” she says. “We’re trying to actually replicate what people are using in the real world.”

Hodgin, too, says his company has been careful to stay on the good side of federal law, and he’s unfazed by the prospect of DEA taking possession of his company’s crops if its application to grow is approved. He hasn’t heard from DEA since the proposed rules were announced, however. “We are ready and eager for the next steps from them, and we’re ready to move forward as soon as they are.”
 
Oh, and if when reading the above article and wondering why the DEA has decided to follow its own commitments now.....hint, maybe this:

"After years of delay, the DEA only recently announced more specific steps to expanding cannabis research in the U.S., where the plant is legal for medicinal use in 33 states and in 11 states for recreational use. The move came just two days before the agency’s deadline to respond to SRI’s first lawsuit."​


DEA sued again over limiting marijuana research for years

The Scottsdale Research Institute (SRI) is suing the Drug Enforcement Administration (DEA) again over the agency’s stalling of the expansion of marijuana research.

A previous lawsuit filed by the Arizona-based research institute, which studies the efficacy of cannabis for treating different medical disorders, asked the US Court of Appeals for the District of Columbia to force the DEA to justify its drawn-out process of approving new applications for cannabis growers.

Researchers in the U.S. seeking to conduct scientific studies on cannabis currently have access only to marijuana supplied by the University of Mississippi, described by some scientists as “subpar.”

The SRI is conducting the only federally-authorized study of medical cannabis for PTSD among veterans in the U.S., according to the institute’s website.
“Because Defendants have failed to fully disclose their re-interpretation of federal law and treaty obligations as the law requires, Plaintiff lacks information necessary to protect its legal rights, including the right to have its application to manufacture marijuana for research processed in compliance with the Administrative Procedure Act and the [Controlled Substances Act],” the SRI lawsuit claims, according to Marijuana Moment.
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After years of delay, the DEA only recently announced more specific steps to expanding cannabis research in the U.S., where the plant is legal for medicinal use in 33 states and in 11 states for recreational use. The move came just two days before the agency’s deadline to respond to SRI’s first lawsuit.

On March 20, the federal agency tasked with combating drug trafficking, announced further action in support of an increased number of registered growers and “a larger, more diverse variety of marijuana” for scientific research, which the SRI acknowledges in the new lawsuit. However, it added that the DEA offered no valid explanation as to why the agency revised its proposal.
“We deserve not only to know the scientific truth about medical marijuana use, but candor from our government, which includes disclosure of the ‘secret law’ the agency continues to rely on as a basis to delay and ultimately revamp the process for researching and manufacturing marijuana in this country,” the SRI lawsuit underlines.
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Won't happen, but I appreciate the sentiment.

Senators Call For Economic Assistance For Cannabis Firms Amid Outbreak


A group of 11 Democratic lawmakers is calling for cannabis businesses to be allowed to receive economic assistance from the Small Business Administration in the midst of the continuing coronavirus pandemic. In a letter sent to the chairman and vice-chair of the Senate Committee on Appropriations and other leadership on March 26, the senators called on “the Subcommittee on Financial Services and General Government to include language in … forthcoming legislation to help extend SBA loan programs to legal cannabis businesses.”

Because of marijuana’s continuing classification as a Schedule I drug, licensed cannabis companies are excluded from receiving federal assistance from the SBA. Additionally, “SBA’s current policy excludes small businesses with “direct” or “indirect” products or services that aid the use, growth, enhancement, or other development of cannabis from SBA-backed financing,” the letter reads.

“Consequently, small businesses in states with some form of legal cannabis must choose between remaining eligible for SBA loan programs, or doing business with a rapidly-growing and legal industry,” the senators added.

Noting that “there has been a clear shift in public opinion toward supporting the legalization of cannabis in the United States,” they called for legislative provisions that would allow marijuana companies access to SBA loan programs.


Specifically, the senators wrote that marijuana businesses should be eligible for SBA programs including the Loan Guarantee Program, the Disaster Assistance Program, and the Microloan Program. Justin Strekal, the political director for the National Organization for the Reform of Marijuana Laws (NORML), said in a statement that cannabis businesses should not be excluded from federal assistance during the continuing COVID-19 pandemic.

“In this time of crisis and unprecedented federal support for the economy, Congress should not allow all of the small and midsize cannabis businesses to be excluded by the SBA,” Strekal said. “Be it in the appropriations package or the next round of stimulus, this is a common-sense solution that will help protect jobs in 33 states and provide much needed support to Main Street small businesses.”

NORML also notes that it has recently been working with members of Congress on legislation to reform barriers to legal cannabis businesses, including The Marijuana Opportunity, Reinvestment, and Expungement Act, which would “prohibit the Small Business Administration from declining to provide certain small business loans to an eligible entity solely because it is a cannabis-related legitimate business or service provider.”

The letter to Senate leadership calling for help for cannabis business from the SBA was signed by Senators Michael Bennett (D-Colo.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Kirsten Gillibrand (D-N.Y.), Kamala Harris (D-Calif.), Edward Markey (D-Mass.), Robert Menendez (D-N.J.), Jeffrey Merkley (D-Ore.), Jacky Rosen (D-Nev.), Bernie Sanders (D-Vt.), and Ron Wyden (D-Ore.).
 
Figures that they would only approve the synthetic pharma version....


CBD Prescription Drug Is No Longer A Federally Controlled Substance, DEA Says

The Drug Enforcement Administration (DEA) has removed a marijuana-based medication from the list of federally controlled substances.

GW Pharmaceuticals announced on Monday that Epidiolex, a prescription drug it developed that’s derived from cannabis and used in the treatment of epilepsy, had been taken off Schedule V of the Controlled Substances Act. Effectively immediately, the CBD medication is no longer a controlled substance, the company said.

That means individuals will be able to more easily obtain Epidiolex. GW said in its notice that it will “begin the process of implementing these changes at the state level and through the EPIDIOLEX distribution network.”

After that point, state reporting requirements under prescription drug monitoring programs will no longer be applicable. Like many non-controlled drugs, people will still need to get a prescription from a doctor, but those prescriptions will be valid for up to a year and can be transferred among pharmacies.

“This notification from DEA fully establishes that EPIDIOLEX, the only CBD medicine approved by FDA, is no longer a controlled substance under the federal Controlled Substances Act,” Justin Gover, CEO of GW, said in a press release. “We would like to thank DEA for confirming the non-controlled status of this medicine.”

“Importantly, the descheduling of EPIDIOLEX has the potential to further ease patient access to this important therapy for patients living with Lennox-Gastaut Syndrome and Dravet syndrome, two of the most debilitating forms of epilepsy,” he said.

The Food and Drug Administration (FDA) approved the medication in 2018. DEA said it would be placed in Schedule V, rather than Schedule I like marijuana and its derivatives.

FDA pushed back in a letter to the agency, arguing that CBD carries minimal risks and has established health benefits and so it shouldn’t be controlled at all. DEA replied that international treaty obligations warrant its control, albeit in the least restrictive category of Schedule V. FDA then said that if that changed, the agency should “promptly” revisit its status as a controlled substance.

Last year, the World Health Organization clarified that CBD containing no more than 0.2 percent THC is “not under international control.”

Meanwhile, FDA is in the process of developing regulations for hemp-derived cannabidiol products that aren’t approved as medications following the 2018 Farm Bill’s legalization of the crop and its derivatives. The agency said in a report to Congress last month that the rulemaking process is ongoing, but it is actively exploring pathways to allow for lawful sales of the cannabis compound as a dietary supplement, and it’s developing enforcement discretion guidance for products that are currently on the market.
 
momofthegoons said:
Figures that they would only approve the synthetic pharma version....


CBD Prescription Drug Is No Longer A Federally Controlled Substance, DEA Says

The Drug Enforcement Administration (DEA) has removed a marijuana-based medication from the list of federally controlled substances.

GW Pharmaceuticals announced on Monday that Epidiolex, a prescription drug it developed that’s derived from cannabis and used in the treatment of epilepsy, had been taken off Schedule V of the Controlled Substances Act. Effectively immediately, the CBD medication is no longer a controlled substance, the company said.

That means individuals will be able to more easily obtain Epidiolex. GW said in its notice that it will “begin the process of implementing these changes at the state level and through the EPIDIOLEX distribution network.”

After that point, state reporting requirements under prescription drug monitoring programs will no longer be applicable. Like many non-controlled drugs, people will still need to get a prescription from a doctor, but those prescriptions will be valid for up to a year and can be transferred among pharmacies.

“This notification from DEA fully establishes that EPIDIOLEX, the only CBD medicine approved by FDA, is no longer a controlled substance under the federal Controlled Substances Act,” Justin Gover, CEO of GW, said in a press release. “We would like to thank DEA for confirming the non-controlled status of this medicine.”

“Importantly, the descheduling of EPIDIOLEX has the potential to further ease patient access to this important therapy for patients living with Lennox-Gastaut Syndrome and Dravet syndrome, two of the most debilitating forms of epilepsy,” he said.

The Food and Drug Administration (FDA) approved the medication in 2018. DEA said it would be placed in Schedule V, rather than Schedule I like marijuana and its derivatives.

FDA pushed back in a letter to the agency, arguing that CBD carries minimal risks and has established health benefits and so it shouldn’t be controlled at all. DEA replied that international treaty obligations warrant its control, albeit in the least restrictive category of Schedule V. FDA then said that if that changed, the agency should “promptly” revisit its status as a controlled substance.

Last year, the World Health Organization clarified that CBD containing no more than 0.2 percent THC is “not under international control.”

Meanwhile, FDA is in the process of developing regulations for hemp-derived cannabidiol products that aren’t approved as medications following the 2018 Farm Bill’s legalization of the crop and its derivatives. The agency said in a report to Congress last month that the rulemaking process is ongoing, but it is actively exploring pathways to allow for lawful sales of the cannabis compound as a dietary supplement, and it’s developing enforcement discretion guidance for products that are currently on the market.
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For the DEA, putting and keeping drugs on their schedules is their rice bowl. They have a clear conflict of interest and should NOT be setting policy, IMO.
 
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