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Law The Cannabis Chronicles - Misc Cannabis News
- Thread starter CarolKing
- Start date
Baron23
Well-Known Member
America’s most conservative states are embracing medical pot
Many of the nation’s medical marijuana holdouts are giving in as pot activists make inroads this year with conservative strongholds — and are poised to notch more wins in the coming weeks.
Medical marijuana bills are advancing in the Republican-controlled legislatures of North Carolina, Alabama and Kansas for the first time. Efforts to expand limited medical programs in bedrock conservative states like Texas and Louisiana also appear close to passage.
“Medical cannabis is where we see the most common ground between Democrats, Republicans and Independents,” said Heather Fazio, a pro-marijuana advocate in Texas, where lawmakers are considering a major expansion of the state’s strict medical pot program.
Cannabis is already available to more than 230 million Americans for medical use and, according to an April survey by Pew Research, 91 percent of residents believe marijuana should be legal for that purpose. Even in states without a medical program like North Carolina and South Carolina, recent polls have shown support topping 70 percent.
Many elected officials, however, have hesitated to follow suit. And even in a year when cannabis boosters saw big, broad wins on recreational legalization in places like New York and New Jersey, some states that have embraced full prohibition remain firmly planted.
“Every state that does not already have a medical marijuana law had something introduced” this year, said Karen O’Keefe, director of state policies for pro-legalization group Marijuana Policy Project. “Most of them have died.”
Still, the progress in some Republican-controlled state capitals suggests a shift away from the hardline positions long held by social conservatives and have buoyed the pro-marijuana movement. The final weeks of legislative sessions could bring more wins for advocates.
Here’s a look at how medical marijuana legalization proposals are playing out across the country this year — and what it means for the future of medical marijuana legalization efforts:
Medical marijuana holdouts
North Carolina: A bill to create a medical marijuana program in North Carolina has a powerful sponsor: Republican state Sen. Bill Rabon, chairman of the Senate Rules Committee. His legislation would empower doctors to clear patients with “debilitating medical conditions” — diseases such as cancer, epilepsy and glaucoma — to use medical marijuana.Garrett Perdue, founder of pro-legalization group NC Cann, said Rabon’s support gives the bill a decent chance of making it through the Senate — and maybe even the House — this session.
“If we'd had this conversation two weeks ago … I would have told you that I thought cannabis legislation of any form in North Carolina was three years away,” Perdue said recently. “The issue has the right champion, and that's the only difference.”
Senate President Pro Tempore Phil Berger, however, said in early April that the medical bill does not have the votes.
The Legislature is slated to be in session until July 2.
Alabama: The House passed a medical marijuana legalization bill Thursday 68-34. The Senate approved the bill in February, and quickly approved changes made by the House, sending the bill to the governor’s desk.
While Republican Gov. Kay Ivey has signed other limited medical cannabis legislation in the past, including one to allow pediatric epilepsy patients to use CBD oil, it’s unclear what her stance is on broader medical marijuana legalization. A spokesperson for Ivey told the Montgomery Advertiser that the governor “looked forward to thoroughly reviewing” the bill.
Kansas: Democratic Gov. Laura Kelly has been a vocal proponent of legalizing medical marijuana, pushing the idea as a way to raise tax revenue to fund Obamacare’s Medicaid expansion to provide coverage to 165,000 people.
Medical marijuana legalization has more support from Republican legislators than any sort of embrace of Obamacare. A bill to legalize medical marijuana passed on the House floor Thursday in a 78-42 vote.
While the bill didn’t make it across the finish line this session, the Senate sent the bill to committee with plans to pick it up in January.
“It’s not a failure,” said Erin Montroy, co-president of the Kansas Cannabis Business Association. “We’re still running the same race. We just have to get through the final relay.”
Under the proposal, the medical marijuana program would launch in 2023. Advocates hope to keep that same timeline so that implementation isn’t delayed even if the bill doesn’t pass until next year.
Medical marijuana expansion efforts
Texas: The House recently passed a bill sponsored by Republican state Rep. Stephanie Klick to expand the state’s limited medical marijuana program, sending it to the Senate. Texas is home to a restrictive medical cannabis program, allowing only patients with intractable epilepsy to access cannabis products, which must contain less than 0.5 percent THC.
The latest bill would raise the THC cap to 5 percent and expand the list of qualifying conditions, including multiple sclerosis, autism and PTSD.
While advocates acknowledge the legislation is an improvement, many urged lawmakers to do away with the THC cap altogether. They also believe the bill has a good chance in the Senate, citing previous medical marijuana bills from Klick that received support in that chamber.
The Legislature is slated to adjourn May 31.
Minnesota: There is widespread, bipartisan support for expanding Minnesota’s medical program. The biggest potential modification would be an end to a ban on flower products, the smokable part of the cannabis plant.
Supporters of that change argue the lack of flower products has made prices too high for consumers and squelched enrollment, with fewer than 35,000 participants.
“Flower is definitely the Holy Grail in that bill,” said Maren Schroeder, policy director for legalization advocacy group Sensible Change Minnesota.
POLITICO Pro Cannabis
But despite widespread support for adding flower products and making other tweaks to the program, it’s uncertain whether legislation will make it across the finish line. That’s because it could get caught up in what’s expected to be ugly budget negotiations between the Democratic-controlled House and the Republican-controlled Senate.
The Legislature is slated to adjourn on May 17.
Louisiana: Louisiana also looks poised to expand its medical program to include flower products. A bill is being carried by House Speaker Pro Tempore Tanner Magee and cleared that chamber by a 73-26 vote. A separate bill subjects flower products to the state’s 4.45 percent sales tax. That marks a break with current policy, which doesn’t tax medical marijuana products.
The fate of both bills in the Senate is unclear, since no action has been taken on either of them. One big reason activists are optimistic that the bills will make it across the finish line in Baton Rouge: The powerful Louisiana Sheriffs’ Association, which is adamantly opposed to recreational legalization, hasn’t come out against the medical flower bill.
“It’s chances look very good as of this moment,” said David Brown, a longtime legalization advocate and lawyer in Louisiana.
Failed efforts
An effort to legalize medical marijuana stalled in Kentucky this year, despite a successful vote for a medical marijuana bill on the House floor last year. But it lacked support from Senate leadership, so cannabis advocates are looking ahead to next year.A medical marijuana bill has also stalled in South Carolina. While the bill made it to the Senate floor, it's pretty far down the priority list. If it doesn't get a vote before the Legislature adjourns next Thursday, lawmakers can pick it up where they left off next year instead of going through the committee process again, O'Keefe, with the Marijuana Policy Project, explained.
Then, there is Tennessee, where lawmakers were considering a medical marijuana decriminalization bill. A House committee killed the measure by a one-vote margin, but advocates and opponents quickly came together on a watered down version of the bill. While medical marijuana supporters expressed serious reservations about the proposal — it would require the federal government to remove marijuana from Schedule I for the state to move forward with its own medical cannabis program — they acknowledged it was better than nothing.
The compromise would decriminalize cannabis oil with less than 0.9 percent THC for patients with one of nine conditions. But they have no way of accessing those products without traveling to another state or turning to the illicit market.
What's next?
A medical marijuana bill is moving forward in Nebraska, but there’s almost no chance it’s going to succeed given Republican Gov. Pete Ricketts’ vehement opposition. Advocates say they will attempt to put the issue on the 2022 ballot if the Legislature does not act this year.Activists in Wyoming and Idaho are also mulling potential medical marijuana ballot initiatives for 2022. The Idaho Legislature made it more difficult to qualify for the ballot by requiring organizers to collect signatures in all 35 districts instead of 18 districts. That will prove costly for any grassroots effort to qualify for the ballot. Advocates in Wyoming face similar challenges as the state has very high signature thresholds in addition to geographic distribution requirements, a tough task given how vast the state is.
Head Of Top Federal Drug Agency Says It’s Time To Consider Decriminalization
The head of a top federal drug agency is criticizing the ongoing policy of criminalizing people for drug use and is suggesting that the government should instead consider a policy of decriminalization.
Nora Volkow, director of the National Institute on Drug Abuse (NIDA), penned an essay for the journal Health Affairs that’s titled “Addiction Should Be Treated, Not Penalized.” It lays out the case against incarcerating people over low-level drug offenses and looking at the issue as a public health matter.
While it stops short of explicitly endorsing decriminalization, Volkow says that the current system leads to disproportionate enforcement against communities of color and can actually increase the risk of overdose deaths.
“Drug use continues to be penalized, despite the fact that punishment does not ameliorate substance use disorders or related problems,” she said. “Imprisonment, whether for drug or other offenses, actually leads to much higher risk of drug overdose upon release.”
“We have known for decades that addiction is a medical condition—a treatable brain disorder—not a character flaw or a form of social deviance,” Volkow continued in the essay, which was first published by Health Affairs late last month and republished on NIDA’s website on Friday. “Yet, despite the overwhelming evidence supporting that position, drug addiction continues to be criminalized. The US must take a public health approach to drug addiction now, in the interest of both population well-being and health equity.”
The NIDA head pointed out how people of color have been “disproportionately harmed by decades of addressing drug use as a crime rather than as a matter of public health.” Citing disparities in how opioid criminalization has been enforced and laws punishing crack more harshly than powder cocaine, Volkow said these are examples of “racial discrimination that have long been associated with drug laws and their policing.”
What makes these admissions notable is the source from which they’re coming. While NIDA is known among advocates as a source of resistance to reforms such as ending marijuana prohibition, its director sides with them on the fundamental principle that substance misuse should not be criminalized.
“The damaging impacts of punishment for drug possession that disproportionately impact Black lives are wide ranging. Imprisonment leads to isolation, an exacerbating factor for drug misuse, addiction, and relapse,” the director said. “It also raises the risk of early death from a wide variety of causes.”
Volkow also said that beyond incarceration, merely being arrested for marijuana possession “can leave the individual with a criminal record that severely limits their future opportunities such as higher education and employment.” And that enforcement trend hurts black people more than white people despite comparable rates of consumption.
“This burden reinforces poverty by limiting upward mobility through impeded access to employment, housing, higher education, and eligibility to vote,” she said. “It also harms the health of the incarcerated, their non-incarcerated family members, and their communities.”
These statements ostensibly lend themselves to a harm reduction policy position in favor of decriminalization, but Volkow doesn’t specifically say that’s the route lawmakers should take. Instead, she says that research “is urgently needed to establish the effectiveness and impact of public health–based alternatives to criminalization, ranging from drug courts and other diversion programs to policies decriminalizing drug possession.”
To that end, NIDA is “redoubling its focus on vulnerabilities and progression of substance use and addiction in minority populations,” she said. “We are exploring research partnerships with state and local agencies and private health systems to develop ways to eliminate systemic barriers to addiction care.”
The agency is “also funding research on the effects of alternative models of regulating and decriminalizing drugs in parts of the world where such natural experiments are already occurring,” Volkow said, presumably referencing countries such as Portugal that have stopped criminalizing people over simple possession.
“People with substance use disorders need treatment, not punishment, and drug use disorders should be approached with a demand for high-quality care and with compassion for those affected,” she said. “With a will to achieve racial equity in delivering compassionate treatment and the ability to use science to guide us toward more equitable models of addressing addiction, I believe such a goal is achievable.”
While NIDA might not be widely considered a champion of progressive drug policy, its director has previously conceded that existing federal drug laws aren’t working.
In 2019, for example, she acknowledged that the Schedule I status of marijuana and other drugs makes it “very difficult” for researchers to study the benefits and risks of those substances.
“Indeed, the moment that a drug gets a Schedule I, which is done in order to protect the public so that they don’t get exposed to it, it makes research much harder,” Volkow said during a House Appropriations subcommittee hearing. “This is because [researchers] actually have to through a registration process that is actually lengthy and cumbersome.”
She also discussed the potential benefits and risks of cannabis at a congressional hearing last year.
NIDA is also one of the main agencies behind a new development in federally sanctioned marijuana research. After requesting public input last year on a standard THC unit for cannabis studies, it announced last week that it had reached a determination to set the standard at five milligrams of THC per dosage.
Baron23
Well-Known Member
This fucked up beyond words. The drug warriors need to go and be made to do something honorable for a living.
Data recently released by the U.S. Drug Enforcement Agency shows that federal law enforcement agents and their state and local partners seized more than 4.5 million marijuana plants in 2020, a figure that is up nearly 20% over 2019. The annual DEA report also shows that federal law enforcement officers made nearly 5,000 cannabis-related arrests in 2020, a year wracked by the social and economic fallout of the Covid-19 pandemic.
According to the data published in the DEA’s yearly Domestic Cannabis Eradication/Suppression Program Statistical Report, approximately 4.54 million cannabis plants were seized and eradicated in 2020, up from about 4 million plants in 2019. The totals include more than 3.7 million cannabis plants seized from 4,151 outdoor grow sites and more than 830,000 plants confiscated from 1,286 indoor cultivation operations.
“In 2020, the DEA continued its nationwide cannabis eradication efforts, providing resources to support the 127 state and local law enforcement agencies that actively participate in the program,” the agency wrote on its website. “This assistance allows the enhancement of already aggressive eradication enforcement activities throughout the nation.”
The data in the DEA report also showed that nearly 5,000 arrests for federal marijuana-related offenses were made by law enforcement officers in 2020. That figure is up slightly over 2019 when 4,718 arrests for federal marijuana crimes were made by agents.
California saw the largest percentage of both arrests and confiscated cannabis plants in the country, a trend that continues from previous years. In 2020, approximately 82% of the seized cannabis plants and 40% of the marijuana-related arrests nationwide occurred in California. Nationwide, agents seized more than $41 million in assets related to the DEA’s marijuana eradication efforts in 2020.
“While marijuana enforcement is arguably not the same priority that it once was for the DEA – likely because of changes in state policies and in federal budgetary guidelines – this does not mean that the agency is content to look the other way at violations of federal marijuana law,” Armentano said. “There are still several thousands of Americans arrested for federal marijuana violations each year – even at a time when some seven in ten Americans believe that the plant ought to be legal for adults to use and possess.”
The data on marijuana arrests and seizures are compiled annually as part of the DEA’s Domestic Cannabis Eradication/Suppression Program (DCE/SP), the only nationwide law enforcement program that exclusively targets drug trafficking organizations involved in cannabis cultivation. The DCE/SP began funding marijuana eradication programs in Hawaii and California in 1979 and was quickly expanded to include programs in 25 states by 1982. By 1985, all 50 states were participating in the DEA program.
Last year, a DEA report noted that it had “continued its nationwide cannabis eradication efforts, providing resources to support the 130 state and local law enforcement agencies that actively participate in the program. This assistance allows the enhancement of already aggressive eradication enforcement activities throughout the nation.”
The figures for marijuana-related arrests and plants seized in recent years are both down significantly compared to a decade ago. In 2011, federal agents and their partners confiscated 8.7 million plants and made more than 8,500 arrests. Armentano said last year that the drop over the last 10 years can be attributed to cannabis policy reform.
“Following the enactment of statewide adult-use cannabis legalization laws, both DEA-related marijuana arrests and seizures have fallen dramatically,” said Armentano. “That said, these totals affirm that targeting unregulated marijuana-related growing operations still remains a DEA priority, even at a time when most Americans have made it clear that they want cannabis policies to head in a very different direction.”
DEA Report Shows Marijuana Arrests And Seizures Up In 2020
Data recently released by the U.S. Drug Enforcement Agency shows that federal law enforcement agents and their state and local partners seized more than 4.5 million marijuana plants in 2020, a figure that is up nearly 20% over 2019. The annual DEA report also shows that federal law enforcement officers made nearly 5,000 cannabis-related arrests in 2020, a year wracked by the social and economic fallout of the Covid-19 pandemic.
According to the data published in the DEA’s yearly Domestic Cannabis Eradication/Suppression Program Statistical Report, approximately 4.54 million cannabis plants were seized and eradicated in 2020, up from about 4 million plants in 2019. The totals include more than 3.7 million cannabis plants seized from 4,151 outdoor grow sites and more than 830,000 plants confiscated from 1,286 indoor cultivation operations.
“In 2020, the DEA continued its nationwide cannabis eradication efforts, providing resources to support the 127 state and local law enforcement agencies that actively participate in the program,” the agency wrote on its website. “This assistance allows the enhancement of already aggressive eradication enforcement activities throughout the nation.”
The data in the DEA report also showed that nearly 5,000 arrests for federal marijuana-related offenses were made by law enforcement officers in 2020. That figure is up slightly over 2019 when 4,718 arrests for federal marijuana crimes were made by agents.
California saw the largest percentage of both arrests and confiscated cannabis plants in the country, a trend that continues from previous years. In 2020, approximately 82% of the seized cannabis plants and 40% of the marijuana-related arrests nationwide occurred in California. Nationwide, agents seized more than $41 million in assets related to the DEA’s marijuana eradication efforts in 2020.
DEA Report Shows Federal Prohibition Efforts Continue Despite State-Level Reforms
Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said in a press release that federal prosecution of cannabis-related offenses continues despite strong support for marijuana legalization.“While marijuana enforcement is arguably not the same priority that it once was for the DEA – likely because of changes in state policies and in federal budgetary guidelines – this does not mean that the agency is content to look the other way at violations of federal marijuana law,” Armentano said. “There are still several thousands of Americans arrested for federal marijuana violations each year – even at a time when some seven in ten Americans believe that the plant ought to be legal for adults to use and possess.”
The data on marijuana arrests and seizures are compiled annually as part of the DEA’s Domestic Cannabis Eradication/Suppression Program (DCE/SP), the only nationwide law enforcement program that exclusively targets drug trafficking organizations involved in cannabis cultivation. The DCE/SP began funding marijuana eradication programs in Hawaii and California in 1979 and was quickly expanded to include programs in 25 states by 1982. By 1985, all 50 states were participating in the DEA program.
Last year, a DEA report noted that it had “continued its nationwide cannabis eradication efforts, providing resources to support the 130 state and local law enforcement agencies that actively participate in the program. This assistance allows the enhancement of already aggressive eradication enforcement activities throughout the nation.”
The figures for marijuana-related arrests and plants seized in recent years are both down significantly compared to a decade ago. In 2011, federal agents and their partners confiscated 8.7 million plants and made more than 8,500 arrests. Armentano said last year that the drop over the last 10 years can be attributed to cannabis policy reform.
“Following the enactment of statewide adult-use cannabis legalization laws, both DEA-related marijuana arrests and seizures have fallen dramatically,” said Armentano. “That said, these totals affirm that targeting unregulated marijuana-related growing operations still remains a DEA priority, even at a time when most Americans have made it clear that they want cannabis policies to head in a very different direction.”
arb
Semi shaved ape
If only there was a progressive political party that controlled the house,senate and oval office.
I mean if Chuck Schumer could only be the majority leader and Nancy Pelosi was house drinker.........speaker I meant speaker.
Goddamn throw Biden in the oval office and we will get exactly what we deserve......... I meant were promised.
Mom note: Political content, other than cannabis law, is not allowed on this site. Please refrain from posting political opinions.
I mean if Chuck Schumer could only be the majority leader and Nancy Pelosi was house drinker.........speaker I meant speaker.
Goddamn throw Biden in the oval office and we will get exactly what we deserve......... I meant were promised.
Mom note: Political content, other than cannabis law, is not allowed on this site. Please refrain from posting political opinions.
Last edited by a moderator:
Congressional Bill To Federally Legalize Marijuana Filed By Republican Lawmakers
A pair of congressional Republican lawmakers have introduced a bill to federally legalize marijuana, protect banks that service state-legal cannabis business and ensure that military veterans are specifically permitted to use marijuana in compliance with state laws.
The Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act is being sponsored by Reps. David Joyce (R-OH) and Don Young (R-AK).
The main crux of the legislation is to federally deschedule cannabis—and it’s similar to past bipartisan proposals—but this one goes a few steps further with language on legal protections and mandates for federal studies into medical cannabis. It does not contain social justice provisions to repair the past harms of the war on drugs, however.
“With more than 40 states taking action on this issue, it’s past time for Congress to recognize that continued cannabis prohibition is neither tenable nor the will of the American electorate,” Joyce, co-chair of the Congressional Cannabis Caucus (CCC), said in a press release.
Under the proposal, marijuana would be removed from the Controlled Substances Act, clearing states to enact legalization. Cannabis could be imported and exported across states, though transporting marijuana to states where such activity is unlawful would remain federally prohibited.
Two agencies—the Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau, which falls under the Treasury Department—would be responsible for developing regulations for cannabis. Those rules would have to be “similar to federal rules regulating alcohol,” the text of the bill states, and they would have to be issued within one year of enactment.
“For too long, the federal government’s outdated cannabis policies have stood in the way of both individual liberty and a state’s 10th Amendment rights,” Young, also co-chair of the CCC, said. “It is long past time that these archaic laws are updated for the 21st Century.”
Another provision of the measure stipulates that financial institutions that work with state-legal marijuana businesses cannot be penalized by federal regulators, which is similar to a standalone bill that cleared the House last month.
Further, the legislation specifies that military veterans are able to use, possess and transport medical cannabis in compliance with state law. It’s not clear why that would be necessary if marijuana is federally descheduled, but it’s an added layer of protection for that population and is consistent with other recent standalone bills that have been introduced this Congress.
It also says that physicians can discuss medical marijuana use with veterans if legal states and they can “recommend, complete forms for, or register veterans for participating in a treatment program involving medical marijuana.”
“This bill takes significant steps to modernize our laws by removing cannabis from the Controlled Substances Act and allowing the VA to prescribe medical cannabis to veterans, in addition to finally permitting state-legal cannabis businesses to utilize traditional financial services,” Young said. “I call on my colleagues on both sides of the aisle to stand with us in this crucial effort.”
Finally, the proposal calls on the National Institutes of Health (NIH) to “conduct or support a study on the effects of medical marijuana on individuals in pain or who are impaired” and issue a report on its findings within 180 of the study’s completion. NIH would also have to study “the relationship between treatment programs involving medical marijuana that are approved by states, the access of individuals to such programs, and a reduction in opioid abuse.”
Joyce said that his bill “answers the American people’s call for change and addresses our states’ need for clarity by creating an effective federal regulatory framework for cannabis that will help veterans, support small businesses and their workers, allow for critical research and tackle the opioid crisis, all while respecting the rights of States to make their own decisions regarding cannabis policies that are best for their constituents.”
“I look forward to working with my colleagues on both sides of the aisle to get this bill signed into law so that we can enact sensible and meaningful cannabis reform that will improve lives and livelihoods,” he said.
While ending prohibition is a primary goal of marijuana reform advocates, it stands to reason that this legislation will face pushback for its lack of provisions promoting social equity and reinvesting in communities most impacted by cannabis criminalization.
A bill that’s being drafted by Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) is expected to contain such components, and the leader has said that the bill will be filed “shortly.”
The trio formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.
On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.
Read the text of the federal marijuana descheduling bill by following title link and scrolling to the bottom of the article.
Bcbud
Cannabis enthusiast
Cannabis and climate crisis: Do consumers need to take more responsibility?
Depending on how it’s grown, smoking a one-gram joint can have the same carbon footprint as driving 22 miles in a Prius — about 10 pounds of carbon dioxide
cannigma.com
Baron23
Well-Known Member
Well, I guess pigs really can fly now, yeah! haha
Well, this article can call it "social justice" but I have other terms for this. Just saying, don't let the word doctors spin you with the latest hot PC phrases. Look at the actual facts of any of these initiatives, not the latest woke broad headline. Then make up your mind.
C No Ego
runnin wild, runnin true, found, lost, There
not to mention they are complaining about previous arrests while dEA is still arresting people daily still ... I mean , before dealing with previous issues we need to focus on the one in our face
DEA Finally Ready To End Federal Marijuana Research Monopoly, Agency Notifies Grower Applicants
\The Drug Enforcement Administration (DEA) on Friday notified several companies that it is moving toward approving their applications to become federally authorized marijuana manufacturers for research purposes.
This is a significant development—and one of the first cannabis-related moves to come out of the Biden administration. There is currently a monopoly on federal cannabis cultivation, with the University of Mississippi having operated the only approved facility for the past half-century.
It was almost five years ago that DEA under President Barack Obama first announced that it was accepting applications for additional manufacturers. No approvals were made during the Trump administration. And the delay in getting acceptances has led to frustration—and in some cases, lawsuits—among applicants.
But on Friday, organizations including the Biopharmaceutical Research Company (BRC), Scottsdale Research Institute (SRI) and Groff NA Hemplex LLC were notified by the agency that their requests were conditionally accepted.
“DEA is nearing the end of its review of certain marijuana grower applications, thereby allowing it to soon register additional entities authorized to produce marijuana for research purposes,” DEA said. “Pending final approval, DEA has determined, based on currently available information, that a number of manufacturers’ applications to cultivate marijuana for research needs in the United States appears to be consistent with applicable legal standards and relevant laws. DEA has, therefore, provided a Memorandum of Agreement (MOA) to these manufacturers as the next step in the approval process.”
The Wall Street Journal first reported on the move, and it’s unclear just how many organizations have received a DEA communication so far.
Matt Zorn, who has represented SRI in a suit against DEA over the processing delays, told Marijuana Moment that the agency explained that it is “moving forward” with the facility’s application and that it appears to be “consistent with public interest” to give the institute the ability to grow marijuana for study purposes.
SRI’s Dr. Sue Sisley is in a process of completing a memorandum of agreement that DEA requested “so that it can be executed and official,” according to a press release.
BRC CEO George Hodgin said in another press release that after being finalized, “this federal license will forever change the trajectory of our business and the medicinal cannabis industry.”
“The DEA’s leadership will set off a nationwide wave of innovative cannabis-derived treatments, unlock valuable intellectual property and create high quality American jobs,” he said. “The BRC team is already familiar with DEA compliance procedures based on our extensive history of controlled substances activity, and our world class staff is ready to hit the ground running on this new business arm that the DEA has authorized.”
DEA said it has presented applicants that appear to meet legal requirements “with an MOA outlining the means by which the applicant and DEA will work together to facilitate the production, storage, packaging, and distribution of marijuana under the new regulations as well as other applicable legal standards and relevant laws.”
“To the extent these MOAs are finalized, DEA anticipates issuing DEA registrations to these manufacturers,” the agency said. “Each applicant will then be authorized to cultivate marijuana—up to its allotted quota—in support of the more than 575 DEA-licensed researchers across the nation.”
DEA said it “will continue to prioritize efforts to evaluate the remaining applications for registration and expects additional approvals in the future” and will publicly post information about approvals as they are finalized.
Following a 2019 suit against DEA by SRI, a court mandated that the agency take steps to process the cultivation license applications, and that legal challenge was dropped after DEA provided a status update.
That suit argued that the marijuana grown at the University of Mississippi is of poor quality, does not reflect the diversity of products available on the commercial market and is therefore inadequate for clinical studies.
That’s also a point that several policymakers have made, and it’s bolstered by research demonstrating that the federal government’s cannabis is genetically closer to hemp than marijuana that consumers can obtain in state-legal markets.
Last year, DEA finally unveiled a revised rule change proposal that it said was necessary to move forward with licensing approvals due to the high volume of applicants and to address potential complications related to international treaties to which the U.S. is a party.
SRI filed another suit against DEA in March, claiming that the agency used a “secret” document to justify its delay of approving manufacturer applications. And that was born out when the Justice Department Office of Legal Counsel document was released last year as part of a settlement in the case, revealing, among other things, that the agency feels that its current licensing structure for cannabis cultivation has been in violation of international treaties for decades.
Congressional Bill Filed To Protect Marijuana Consumers From Losing Public Housing
A congresswoman on Thursday reintroduced a bill that would allow people living in federally assisted housing to use marijuana in compliance with state law without fear of losing their homes.
As it stands, people living in public housing are prohibited from using controlled substances in those facilities regardless of state law, and landlords are able to evict such individuals. But the bill from Rep. Eleanor Holmes Norton (D-DC) would change that.
It would provide protections for people living in public housing or Section 8 housing from being displaced simply for using cannabis in states that have legalized it for medical or recreational purposes.
“Individuals living in federally assisted housing should not be denied admission, or fear eviction, for using a legal product,” Norton said on Thursday. “Adult use and/or medical marijuana is currently legal in 36 states and the District of Columbia, and over 90 percent of Americans support legalized medical marijuana.”
The legislation would also require the head of the Department of Housing and Urban Development (HUD) to enact regulations that restrict smoking marijuana at these properties in the same way that tobacco is handled.
“HUD, like DOJ, should not be allowed to enforce federal marijuana laws where states have taken action to legalize marijuana,” the congresswoman said, referring to a congressionally approved rider that prevents the Department of Justice from interfering with state medical cannabis laws.
Norton filed earlier versions of the Marijuana in Federally Assisted Housing Parity Act in 2018 and 2019, but they did not receive hearings or votes.
In 2018, a Trump administration official said that she was working to resolve conflicting federal and state marijuana laws as it applies to residency in federally-subsidized housing, but it’s not clear what came of that effort.
Rep. Alexandria Ocasio-Cortez (D-NY) also raised the issue during a committee hearing in 2019, pressing former HUD Secretary Ben Carson on policies that cause public housing residents and their families to be evicted for committing low-level offenses such as marijuana possession.
She pointed to two specific HUD policies: the “one strike” rule, which allows property managers to evict people living in federally assisted housing if they engage in illicit drug use or other crimes, and the “no fault” rule, which stipulates that public housing residents can be evicted due to illicit drug use by other members of their household or guests—even if the resident was unaware of the activity.
Ocasio-Cortez and then-Sen. Kamala Harris (D-CA) also filed legislation that year that would protect people with low-level drug convictions from being denied access to or being evicted from public housing.
Sen. Jeff Merkley (D-OR) also introduced an affordable housing bill last year that included a provision to prevent landlords from evicting people over manufacturing marijuana extracts if they have a license to do so.
Read the text of the marijuana housing legislation by following title link and scrolling to the bottom of the article.
C No Ego
runnin wild, runnin true, found, lost, There
allowed Marijuana studies ?? we cannot even find a plant species with that name ... I guess first locating a plant species with the name marijuana would be first step ???
CarolKing
Always in search of the perfect vaporizer
The U.S. Drug Enforcement Administration late last week signaled it would award the licenses soon by issuing a “Memorandum of Agreement” (MOA) to “a number” of organizations that applied for the opportunity, according to an agency news release.
The move will allow greater research into marijuana and its potential medicinal properties. That, in turn, could spur more doctors to recommend medical cannabis, which likely would boost sales.
“We expect to receive our registration number this afternoon,” said Dr. Steven Groff, founder of Groff North America in Red Lion, Pennsylvania, one of three entities that on Friday received an MOA from the DEA.
C No Ego
runnin wild, runnin true, found, lost, There
@CarolKing now suddenly DEA is considered with " boost sales pitch " What ? I guess they need their cut too ..no reasosn they should not be ijn the cannabis scene along with everyone else ( NOT!) LOL
Baron23
Well-Known Member
The US Government Secretly Illegalized Delta-8 THC
If you’ve been following along, you already know that delta-8 THC has been creating a bit of a legal conundrum in the United States, with lots of ideas about it flying from every corner, but very little to back anything up officially. A recent article published a story that got very little coverage, but which makes things clear (even if the article writers got it wrong). The US federal government added delta-8 THC to its list of Controlled Substances, quietly, but officially, illegalizing it.
Editor’s Note: Delta-8 THC may have been added to the DEA’s Controlled Substances list, however, the federal government has not enforced this change, yet. As a result, Delta-8 is still available for sale, and should be for quite some time. This is great for you if you’re looking to buy anything delta-8 related. The government can take a long time to respond, and this means you still get access to your favorite delta-8 THC products.
Have you ever tried Delta 8 flowers?
A little backstory
For those following along, you already know. However, if you haven’t been, here’s a little backstory on the whole fiasco, and how the US government is dealing with delta-8 THC. First and foremost, what is the stuff?Delta-8 is a naturally occurring isomer and analogue of delta-9 THC, the THC generally associated with the cannabis plant. Its an isomer because it has the exact same chemical structure, but with a slightly different configuration of atoms, and its an analogue because it’s structurally and functionally almost identical to delta-9. By naturally occurring, it means delta-8 can be seen in nature. This is because, when delta-9 comes into contact with oxygen, it oxidizes, or loses electrons, to form a more stable compound.
This more stable compound is nearly identical except for one thing, the placement of a double carbon bond. In delta-9 THC it sits on the 9th carbon atom in the chain, in delta-8, on the 8th. The reason delta-8 became a topic of conversation is due to the 2018 US Farm Bill, and a perceived loophole to sell legal THC. The Farm Bill legalized the cultivation of hemp, and production of hemp products, so long as THC levels (specifically delta-9 and its precursor THCA), do not exceed more than .3% in dry weight from the original plant. It was later clarified that this .3% has to be maintained all throughout processing, with any elevated level constituting a break with the law. It applies to the final product as well.
While the law technically defines the THC as delta-9 THC, this doesn’t preclude delta-8. And the reason for that, is that delta-8 THC is an analogue of delta-9, and analogues were never covered under the definition of ‘hemp’. Analogues are federally illegal if they are analogues of a federally illegal drug, due to the 1986 Controlled Substances Analogue Act. Delta-9 is illegalized as a Schedule I drug according to the 1970 Controlled Substances Act, and between the two laws, delta-8 is included.
The other thing specifically not covered under the definition of ‘hemp’ is synthetics, and this is the other issue with the delta-8 loophole. Delta-8 does occur naturally, but it oxidizes so slowly from delta-9, that in order to use it for products, it must be processed with human help. This means it’s not simply being extracted, but actually synthesized to a degree, and that effects the definition of what’s going on.If human processing help constitutes creating a synthetic, then delta-8 can’t be legal. If it being able to occur naturally in nature maintains it as non-synthetic, then this would not apply. The main issue with counting it as a synthetic, is that then it calls into question the safety of processing methods, which without a structure of regulation, leaves consumers at the mercy of producers who want to make a buck. No one is saying that delta-8 itself is dangerous, and in fact, everything (except possible processing techniques) points to it being one of the better versions of cannabis.
US government response to delta-8 on the state level
Confusion has abounded on this since the US government came out with the Farm Bill, which brought delta-8 to light. First the government put out the DEA Interim Final Rule, followed by the USDA Final Rule, neither of which clarified if human processing help constitutes a synthetic, but both repeating that synthetics remain schedule I illegal substances, regardless of the definition of hemp.Local governments have been more willing to make bigger statements. So far, 13 states have made laws to ban delta-8 THC: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Rhode Island, Utah, and Vermont. The reason cited by state governments, is that delta-8 must be synthesized. They go on to talk about how this creates danger, exemplified by Colorado’s Health Department, which made this statement, backing up the idea of delta-8 as a synthetic:
“…chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is non-compliant with the statutory definition of ‘industrial hemp product’… Insufficient evidence exists to determine whether or not any toxic or otherwise harmful substances are produced during these reactions and may remain in the regulated industrial hemp products ingested or applied/used by consumers… Therefore, these tetrahydrocannabinol isomers are not allowed in food, dietary supplements or cosmetics.”
Did the US Government Secretly Illegalized Delta-8 THC?
US federal government response to delta-8
It feels like the US federal government didn’t do anything, or at least, not anything that made a lot of headlines. The DEA and USDA didn’t give a definition for what constitutes synthetic, only reiterating that synthetics are illegal. It also made no official move to ban, or back up a ban, of the compound. Not arresting producers or suppliers, not stopping businesses, and not rounding up and arresting buyers. In that way, the US federal government has done absolutely nothing about it. Which is probably why individual states have.But the government DID do something, and it wasn’t a small something. A recent article (one of two to mention it at all) reported how the DEA updated its Orange Book on May 10th to include delta-8 THC under Controlled Substances, as a different name for tetrahydrocannabinols. Tetrahydrocannabinols are illegal, as per the laws and regulations mentioned previously.
What is the ‘Orange Book’, and what does this all mean? The Orange Book, officially known as Approved Drug Products with Therapeutic Equivalence Evaluations, is a publication put out by the FDA (not the DEA) which identifies products based on safety and effectiveness, with FDA approval. It also has therapeutic equivalence evaluations for generic drugs, and patent lists for drugs. What it doesn’t have, is a controlled substances list, or any mention of delta-8 THC. The Controlled Substances list is under the DEA, but it has never been identified as the ‘Orange Book’.
What does it mean?
What the article writer did get right (amongst a large amount of misinformation), is that the name ‘delta-8 THC’ now resides on page 17 of the DEA’s Controlled Substances list as another name for tetrahydrocannabinols, regulated by Criminal Code 7370, ending any discussion about legality. As a note, the criminal code only uses the word ‘tetrahydrocannabinols’, however the Controlled Substances list, which also references relevant criminal codes, has the updated terms that can count for tetrahydrocannabinols. The article writer who wrote about this, seems to be extremely confused about the two separate publications by the two separate government agencies, applying details about the Orange Book, unnecessarily to the Controlled Substances list.The Orange Book, for example, is not law, but merely advice to drug prescribers. The Controlled Substances list is law. By confusing the two, the author made it sound like the addition of delta-8 THC to the Controlled Substances list, is only advice, when in fact, it is law. Whether this was done out of misunderstanding, or for any other reason is hard to say. What isn’t hard to say, is that the US federal government made delta-8 THC illegal.
I can’t verify the date delta-8 was added – as no official statement was made. It might have happened sometime in April, as referenced by this article a month ago, which looks to be the first mention of the update. (The update can be seen in the May Department of Justice List of Scheduling Actions, Controlled Substances, Regulated Chemicals, where it shows up on pages: 8, 10 and 17.) The article I just mentioned, was written by the same lawyer who was quoted in the first article I sourced on the topic. To be clear, this lawyer also confused the FDA and the DEA, and suggested that the Controlled Substances list isn’t law, and that producers and vendors aren’t committing a federal crime. To me, this is very dangerous reporting. The real question now, why was it done so quietly?
This took place last month, and until I checked the lists myself, I didn’t know. No announcement was made, no press statement, and no articles written about it, other than the two I sourced, which got all the information wrong. Was it kept quiet because the US government doesn’t plan to do anything about it? Or are there about to be some arrests made? It has now become a prosecutable crime to make delta-8 or sell it, as delta-8 is now a Schedule I controlled substance. The fact it was done so quietly, with such bad reporting, is unfortunate, but it doesn’t change certain things.
Cannabis is going in the direction of complete legality. It’s also incredibly expensive to fight drug wars. And this particular drug issue doesn’t have a death count to spur on the public. It would likely be a losing battle to go after the whole industry, but that doesn’t mean that isolated producers and vendors won’t feel the burn. It remains to be seen how the US government will handle this, but it already started it in a strange way, by adding to the Controlled Substances list, while making absolutely no public announcement about it. Interested, or cynical, parties should check the attached links to verify this for themselves.Conclusion
Not all news makes it to the news. And not all news stories are written well. For whatever reason the US government illegalized delta-8 THC without saying anything, or that two news stories appeared with very obviously wrong information about it, it looks like the truth of it will take some time to make the rounds. But, at least there is finally an answer to a question that has caused much confusion.\By adding delta-8 THC to the Controlled Substances list (check page 17), as an alternate name for tetrahydrocannabinols, the US government put delta-8 THC under regulation of criminal code 7370, making delta-8 fall in line with delta-9 THC, being 100% federally illegal, except for that which fits under the definition of hemp. If someone has a question or concern about this information, please check the attached Controlled Substances list, criminal code 7370, and the other legal documentation attached for verification.
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Marijuana Industry Should Be Represented By U.S. Trade Officials After Legalization, Top Senate Chairman Says
When marijuana is federally legalized, it should be normalized in global commerce with U.S. trade representatives advocating for domestic cannabis business interests, Senate Finance Committee Chairman Ron Wyden (D-OR) said on Wednesday.
While that hasn’t necessarily been addressed in legalization legislation that he’s working on with Senate Majority Leader Chuck Schumer (D-NY) and Sen. Cory Booker (D-NJ), the chairman said one in four jobs “revolves around international trade” and he thinks the U.S. should be looking ahead to “the days when cannabis becomes part of ongoing discussions that are conducted by trade officials.”
Wyden made the comments at an event organized by the National Cannabis Roundtable (NCR) and Leafly. Former U.S. Heath and Human Services Secretary Kathleen Sebelius, who now serves as an honorary co-chair of NRC, also attended the virtual briefing, which focused on job opportunities in the marijuana industry.
Advocates and stakeholders have been closely following Wyden as he and his colleagues prepare to introduce a bill to end federal cannabis prohibition. The senator didn’t quite reveal new details about the forthcoming proposal, but he did reiterate the three policy “pillars” it will aim to address.
“The first thing we’ve got to do is make sure that legalizing cannabis establishes an anti-racism policy,” he said. “Cannabis criminalization, the failed war on drugs, disproportionately harmed communities of color—black and Hispanic Americans. And that harm—for Senator Schumer, Senator Booker and myself—really must be recognized.”
The next priority is addressing the “public health impacts of cannabis,” Wyden said. That means lifting barriers to research to explore the plant’s therapeutic potential.
“Third, of course, is the staggering economic impact of legal cannabis,” he said. He referenced an annual report from Leafly that analyzes job creation in the marijuana sectorand the potential for further expansion if federal prohibition is ended.
With respect to the economics of legalization, Wyden said he’s especially interested in reforming a portion of the tax code known as 280E, which prevents state-legal cannabis businesses from claiming tax deductions and credits that are available to other industries.
“I think 280E needs to go, and I am determined to get that done,” he said. “I made it clear to majority leadership and Senator Booker that that’ll be a special cause of mine.”
“This is really the dark ages in terms of dragging progressive, successful, innovative cannabis businesses back year after year after year,” he said, “and it also affects the lack access to banking services.”
Asked when the highly anticipated legalization bill will be revealed, Wyden gave the same answer that Schumer tends to give: “very soon.” He added that the trio has “made a lot of headway” and they’ve “been reaching out to people” to advise on the measure.
Schumer has similarly said that the proposal they’re working on will “ensure restorative justice, public health and implement responsible taxes and regulations.” He also made a point in March to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.
Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.
The majority leader also urged voters to reach out to their congressional representatives and tell them that “this is long overdue.”
On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.
Key Chairman Plans To File Revised Federal Marijuana Legalization Bill In House As Early As Next Week
A key chairman plans to reintroduce a bill to federally legalize marijuana and promote social equity in the industry as early as next week in the House, and its text will contain at least two notable changes compared to the last version of the legislation, Marijuana Moment has learned.
The news comes as advocates eagerly anticipate the filing of a separate cannabis reform bill being planned by Senate leaders.
The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, sponsored by House Judiciary Committee Chairman Jerrold Nadler (D-NY), cleared the chamber in a historic vote last year but did not advance in the Senate under GOP control. According to an email thread from advocacy groups that Marijuana Moment obtained, it’s set to be refiled as soon next week with some new provisions.
Four sources familiar with the strategy also said their understanding is that Nadler plans to introduce the revised legislation ahead of Congress’s Memorial Day recess, though a spokesperson in the chairman’s office was not able to confirm details by press time.
The new bill will not include language that was added just before last year’s House floor vote that would have prevented people with previous cannabis convictions from obtaining federal permits to operate marijuana businesses. That was a contentious provision that appeared at the last minute and which advocates strongly opposed.
And whereas the the prior version of the MORE Act contained language to help economically disadvantaged people enter the legal marijuana market, that language is being revised to extend Small Business Administration (SBA) aid—such as loans, financial literacy programs and job training—to help people who have been harmed by the war on drugs pursue business opportunities in any industry, not just cannabis.
While advocates are encouraged by the revisions, there are still additional components they hope to see changed as the bill goes through the legislative process. For example, they also took issue with provisions added to the MORE Act prior to last year’s vote that would have stipulated that cannabis can still be included in drug testing programs for federal workers.
While Marijuana Moment’s sources all confirmed that the current plan is for Nadler to refile the bill in the coming week, the planned reintroduction has been previously pushed back and so it’s possible that it could be delayed again.
It’s been two months since Nadler first announced his intent to reintroduce the MORE Act, which would federally deschedule marijuana on a retroactive basis and allow those with prior cannabis convictions to have their records expunged.
“For far too long, we have treated marijuana as a criminal justice problem instead of as a matter of personal choice and public health,” the congressman said at the time. “Whatever one’s views are the use of marijuana for recreational or medicinal use, usage arrests prosecution and incarceration at the federal level has been both costly and biased.”
“I’ve long believed that the criminalization of marijuana has been a mistake, and the racially disparate enforcement of marijuana laws is only compounded this mistake with serious consequences, particularly for minority communities,” he added.
Meanwhile, Senate leadership is also preparing to file legalization legislation that’s anticipated to include similar social equity components.
Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) have been working on the bill in recent months, and Wyden said on Wednesday that it will be introduced “very soon.”
Schumer has said that the proposal they’re working on will “ensure restorative justice, public health and implement responsible taxes and regulations.” He also made a point in March to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.
Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.
On the House side, a bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators has already been approved this session. The chamber cleared marijuana banking legislation three times last Congress, only to see it die in the Senate, which at the time was under Republican control.
Separately, a proposal to federally deschedule marijuana that does not include social equity components was recently filed by a pair of Republican congressmen.
Legal Marijuana States Have Generated Nearly $8 Billion In Tax Revenue Since Recreational Sales Launched, Report Finds
States that have legalized marijuana for adult use have collectively generated nearly $8 billion in tax revenue from cannabis since legal sales first began in 2014, according to a new report from the Marijuana Policy Project (MPP).
The analysis examined the tax structure and revenue streams of all 18 states that have legalized recreational cannabis, though sales have not launched yet in seven of those states. Overall, it shows that establishing regulated marijuana markets gives states a steady and generally growing source of revenue that can support various programs and services.
Last year alone, the adult-use states collected $2.7 billion in taxes from cannabis sales. And as more markets come online and others mature, that’s expected to continue to grow.
For example, California took in more than $1 billion in tax revenue from recreational marijuana in 2020—a 62 percent increase from 2019.
Illinois has consistently been breaking monthly cannabis sales records since its program started in January 2020, and if the trend keeps up, it could create upwards of $1 billion in tax revenue this year. For the first time, marijuana taxes outpaced those derived from alcohol in the state last quarter.
The report does not factor in local tax revenue that individual municipalities may impose on cannabis sales, like in Denver where residents pay an additional 5.5 percent tax that has generated hundreds of thousands of dollars for the city.
“Legalizing cannabis for adults has proven to be a wise investment,” Jared Moffat, state campaigns manager at MPP, said in a press release. “Not only are states seeing the benefits of a regulated market and far fewer cannabis-related arrests—they’re benefitting in a direct, economic way, too.”
MPP also broke down different ways that adult-use states are using those tax dollars.
In Colorado, $404.5 million in marijuana tax revenue has supported the state’s public school system. Oregon invests 40 percent of its cannabis revenue to public education, as well as 25 percent to fund mental health and treatment programs. And in California, $100 million in cannabis tax dollars have gone to community groups to help people most impacted by punitive drug laws.
“Before legalization, money from cannabis sales flowed through an underground market that endangered public safety and disrupted communities. But now, we see all across the country that revenue from the legal cannabis industry is supporting schools, health care, and a range of other beneficial public programs,” Moffat said. “It’s no wonder that residents in legalization states overwhelmingly see legalization as a success.”
Reform advocates aren’t the only ones interested in seeing how states are approaching the tax side of marijuana legalization. The U.S. Census Bureau also has plans to begin collecting and compiling data on revenue that states generate from legal cannabis.
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