Louisiana Governor Vetoes Bill That Would Have Let Him Pardon Past Marijuana Convictions

The governor of Louisiana has vetoed a bill that would have allowed him and future governors to issue pardons for people with past marijuana convictions.

Gov. Jeff Landry (R) rejected the legislation on Wednesday, about a month after it was approved in the legislature. It remains to be seen what he will do with separate proposals to decriminalize cannabis paraphernalia and regulate hemp products that have also been sent to his desk.

The pardon bill from Rep. Delisha Boyd (D) would have made people convicted of cannabis possession eligible for a gubernatorial pardon after paying all court costs associated with the offense, without the need for a recommendation from the Board of Pardons.

Individuals could have only received a pardon for their first possession offense, and anyone “who received such pardon shall not be entitled to receive another pardon by the governor pursuant to this Section,” the legislation says.

Kevin Caldwell, Southeast legislative manager for the advocacy group Marijuana Policy Project (MPP), said his organization is “saddened” by the governor’s veto of the bill.

“This legislation would have granted him the authority to pardon tens of thousands Louisianans who have a cannabis conviction on their records,” he told Marijuana Moment in an email. “This is a missed opportunity to help everyday citizens better their lives and economic opportunities.”

“This legislation was always about improving opportunities,” Caldwell added. “The strong bipartisan support this legislation achieved is a testament to the level of support sensible cannabis policy has in Louisiana.”

Meanwhile, the governor still has several other cannabis bills pending action.

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Older Patients Using Medical Cannabis ‘Experience Considerable Improvement In Health And Well-Being,’ Study Finds

A new study on the impacts of medical marijuana on older adults finds that cannabis-based products may provide multiple therapeutic benefits for the demographic, including for health, well-being, sleep and mood.

Authors also observed “sizable reductions in pain severity and pain interference among older aged patients [reporting] chronic pain as their primary condition.”

The research, published this week in the journal Drugs and Aging, is meant to address what authors call “a general paucity of high quality research” around cannabis and older adults “and a common methodological practice of excluding those aged over 65 years from clinical trials” at a time when older patients are increasingly turning to medical marijuana for relief.

“International evidence that older individuals may be the fastest-growing increase in the use of medical marijuana, coupled with their frequent exclusion from controlled trials, indicates a growing need for real-world evidence to assess the effectiveness and safety of these drugs for older individuals,” the paper says.

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GOP Congressman Says ‘Millions Of Marijuana Users’ Own Guns And Shouldn’t Face Prosecution Like Hunter Biden Did

Two Republican congressmen are challenging the basis of the conviction of President Joe Biden’s son Hunter for purchasing a gun while being a consumer of illegal drugs, with one pointing out that there are “millions of marijuana users” who own guns but should not be prosecuted.

After a federal jury found Hunter Biden guilty of three felony charges related to his purchase of a firearm while being a user of crack cocaine on Tuesday, Rep. Thomas Massie (R-KY) said he “might deserve to be in jail for something, but purchasing a gun is not it.”

“There are millions of marijuana users who own guns in this country, and none of them should be in jail for purchasing or possessing a firearm against current laws,” the congressman said.

This past December, attorneys for Hunter Biden called on a federal court to dismiss the case against their client based on a similar principle, arguing that prosecutors are applying an unconstitutional statute that would criminalize millions of marijuana consumers acting in compliance with state law if broadly enforced.

The federal statute banning people who use cannabis from buying or possessing firearms has been challenged in multiple federal courts over recent years, with one case pending a review in the U.S. Supreme Court.

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Woman Faces Possible 30-Year Prison Sentence In Minnesota For Possessing Bong Water

Last year the Legislature decriminalized drug paraphernalia, even if it contains drug residue. The change represented a step back from the drug war tactics of previous decades, with an eye toward treating substance abuse as a public health problem, rather than a criminal justice concern.

But one obscure relic of the war on drug paraphernalia got overlooked, and was not included in the decriminalization bill: a provision in state law that treats bong water—the water at the bottom of a smoking device, used to cool and purify the intoxicating smoke—as a controlled substance, no different than the uncut version of whatever illicit drug the bong was used to smoke.

People don’t consume bong water, but some prosecutors still use it as evidence to charge drug defendants with more serious crimes than they otherwise would be eligible for.

Just ask Jessica Beske.

On May 8, the 43-year-old Fargo resident was pulled over for speeding on Highway 59 in Polk County, Minnesota, according to charging documents. Deputies smelled marijuana and searched the car, where they allege they found a bong, a glass jar containing a “crystal substance” and some items of paraphernalia, including pipes.

The residue on the paraphernalia tested positive for methamphetamine, as did the water in the bong and the substance in the glass jar. Deputies further reported that the bong water weighed 8 ounces and, somewhat confusingly, that the crystal substance weighed 13.2 grams “in total with the packaging.”

Beske says the “packaging” is the glass jar, and that the reason deputies included the jar in the weight is that there wasn’t a measurable quantity of substance in it. She maintains she had no drugs on her, only paraphernalia containing residue. That’s precisely the sort of offense that lawmakers decriminalized in the 2023 bill.

But the Polk County prosecutor has instead charged her with first-degree felony possession, which carries a penalty of up to 30 years in prison and a $1,000,000 fine.

It’s because of the bong water.

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Marijuana Terpenes Are ‘As Effective As Morphine’ For Pain Relief And Have Fewer Side Effects, New Study Finds

A new federally funded study into the effects of cannabis terpenes suggests that the compounds could be “potential therapeutics for chronic neuropathic pain,” finding that an injected dose of the compounds produced a “roughly equal” reduction in pain markers when compared to a smaller dose of morphine. Terpenes also appeared to enhance the efficacy of morphine when given in combination.

Unlike with morphine, however, none of the studied terpenes produced a meaningful reward response, the research found, indicating that “terpenes could be effective analgesics with no rewarding or dysphoric side effects.”

Notably, terpenes that were vaporized or administered orally seemed to have little impact on pain.

The paper, “Terpenes from Cannabis sativa induce antinociception in a mouse model of chronic neuropathic pain via activation of adenosine A2A receptors,” was published this month in PAIN, the journal of the International Association for the Study of Pain. The 14-author team behind the report includes researchers from the University of Arizona’s Comprehensive Center for Pain and Addiction as well as the National Institutes of Health (NIH).

“A question that we’ve been very interested in is could terpenes be used to manage chronic pain?” lead researcher John Streicher, a professor of pharmacology at the University of Arizona’s College of Medicine in Tucson, said in a press release about the study. “What we found is that terpenes are really good at relieving a specific type of chronic pain with side effects that are low and manageable.”

Authors note that while primary chemical components in marijuana, like THC and CBD, have been shown in some studies to be effective in managing chronic pain, “their efficacy is generally moderate, and THC is burdened by unwanted psychoactive side effects.”

“These limits have focused attention on other potentially therapeutic components of Cannabis,” they wrote, “including minor cannabinoids, flavonoids, and terpenes.”

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Biden Finally Acknowledges His Marijuana Pardons Did Not Expunge Records After Repeatedly Claiming They Did

President Joe Biden, who has previously falsely stated on several occasions that his marijuana pardons also expunged people’s records, has now acknowledged the limitations of his action—stating that for clemency recipients, “their records should be expunged as well, I might add.”

At a campaign event in Philadelphia on Wednesday, where Biden and Vice President Kamala Harris made their pitch to Black voters ahead of the November election, the president said, “I’m keeping my promises that no one should be in jail merely for using or possessing marijuana.”

“I pardoned thousands of people incarcerated for the mere possession of marijuana—thousands. A promise made and a promise kept,” he said. “And their records should be expunged as well, I might add.”

Biden has repeatedly touted the mass cannabis pardons he granted, signaling the campaign’s understanding of the popularity of marijuana reform. But in the past, he’s falsely suggested that the pardons did expunge recordsmaking the claim during his State of the Union address this year, for example—when that’s not the case.

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Daily marijuana use is now more common than daily alcohol use in the U.S., new study finds

Daily and near-daily marijuana use is now more common than similar levels of drinking in the U.S., according to an analysis of national survey data over four decades.

Alcohol is still more widely used, but 2022 was the first time this intensive level of marijuana use overtook high-frequency drinking, said the study’s author, Jonathan Caulkins, a cannabis policy researcher at Carnegie Mellon University

“A good 40 percent of current cannabis users are using it daily or near daily, a pattern that is more associated with tobacco use than typical alcohol use,” Caulkins said.

The research, based on data from the National Survey on Drug Use and Health, was published Wednesday in the journal Addiction. The survey is a highly regarded source of estimates of tobacco, alcohol and drug use in the United States.

In 2022, an estimated 17.7 million people used marijuana daily or near-daily compared to 14.7 million daily or near-daily drinkers, according to the study. From 1992 to 2022, the per capita rate of reporting daily or near-daily marijuana use increased 15-fold.

The trend reflects changes in public policy. Most states now allow medical or recreational marijuana, though it remains illegal at the federal level. In November, Florida voters will decide on a constitutional amendment allowing recreational cannabis, and the federal government is moving to reclassify marijuana as a less dangerous drug.

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Cannabis Use Before Bedtime Does Not Cause Next-Day Impairment Of Cognitive Ability Or Driving Performance, Study Shows

A new study suggests that using marijuana before sleep has minimal if any effect on a range of performance measures the next day, including simulated driving, cognitive and psychomotor function tasks, subjective effects and mood.

The report, which drew data from a larger study investigating the effects of THC and CBD on insomnia, looked at outcomes from 20 adults with physician-diagnosed insomnia who infrequently used marijuana.

“The results of this study indicate that a single oral dose of 10 mg THC (in combination with 200 mg CBD) does not notably impair ‘next day’ cognitive function or driving performance relative to placebo in adults with insomnia who infrequently use marijuana,” says the paper, from researchers at Macquarie University in Sydney, the University of Sydney, Royal Prince Alfred Hospital in Sydney, Gold Coast-based Griffith University and Johns Hopkins University.

“The use of cannabis by night as a sleep aid is highly prevalent and there are legitimate concerns that this may lead to impaired daytime (‘next day’) function, particularly on safety sensitive tasks such as driving,” the 11-author team wrote in the report published last week in the journal Psychopharmacology.

Results, however, showed “no differences in ‘next day’ performance in 27 out of 28 tests of cognitive and psychomotor function and simulated driving tests relative to placebo.”

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Biden’s Spin on Marijuana’s Rescheduling Exaggerates Its Practical Impact

President Joe Biden describes the Drug Enforcement Administration’s proposal to reclassify marijuana under federal law as “monumental.” How so? “It’s an important move toward reversing longstanding inequities,” Biden claims in a video posted on Thursday. “Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana, and it adds to the action we’ve taken to lift barriers to housing, employment, small business loans, and so much more for tens of thousands of Americans.”

Even allowing for 60 days of public comment and review of a final rule by Congress and the Office of Management and Budget, marijuana’s rescheduling could be finalized before the presidential election. And even if it does not take effect before then, Biden is hoping the move will help motivate younger voters whose turnout could be crucial to his re-election. But he also had better hope those voters are not paying much attention to the practical consequences of rescheduling marijuana, which are much more modest than his rhetoric implies.

“Look, folks,” Biden says in the video, “no one should be in jail merely for using or possessing marijuana. Period. Far too many lives have been upended because of [our] failed approach to marijuana, and I’m committed to righting those wrongs.” Yet rescheduling marijuana will not decriminalize marijuana use, even for medical purposes. It will not legalize state-licensed marijuana businesses or resolve the growing conflict between federal prohibition and state laws that authorize those businesses. It will not stop the war on weed or do much to ameliorate the injustice it inflicts.

In accordance with a recommendation that the Department of Health and Human Services (HHS) made last August, the DEA plans to move marijuana from Schedule I of the Controlled Substances Act, a list of completely prohibited drugs, to Schedule III, which includes prescription medications such as ketamine, Tylenol with codeine, and anabolic steroids. Schedule I supposedly is reserved for drugs with a high abuse potential and no accepted medical applications that cannot be used safely even under a doctor’s supervision.

When Biden directed HHS to review marijuana’s legal status in October 2022, he noted that “we classify marijuana at the same level as heroin” and treat it as “more serious than fentanyl,” which “makes no sense.” On Thursday, he likewise noted that “marijuana has a higher-level classification than fentanyl and methamphetamine—the two drugs driving America’s overdose epidemic.”

Biden is right that marijuana’s current classification makes no sense, as critics have been pointing out for half a century and as HHS belatedly acknowledged in explaining the rationale for rescheduling. HHS found “credible scientific support” for marijuana’s use in the treatment of pain, nausea and vomiting, and “anorexia related to a medical condition.” It also noted that “the risks to the public health posed by marijuana are low compared to other drugs of abuse,” such as heroin (Schedule I), cocaine (Schedule II), benzodiazepines like Valium and Xanax (Schedule IV), and alcohol (unscheduled).

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Kamala Harris Implausibly Claims Biden’s Marijuana Pardons Number in the ‘Tens of Thousands’

“We have pardoned tens of thousands of people with federal convictions for simple marijuana possession,” Vice President Kamala Harris bragged on Thursday. It was not the first time she had offered that estimate, which she also cited during an appearance in South Carolina last February and at a “roundtable conversation about marijuana reform” the following month.

Where did Harris get that number? From thin air, it seems. “While Harris said ‘tens of thousands’ have been pardoned under President Joe Biden’s October 2022 and December 2023 clemency proclamations,” Marijuana Moment noted in February, “the Justice Department estimates that roughly 13,000 people have been granted relief under the executive action.” And only a tiny percentage of those people have bothered (or managed) to obtain evidence of their pardons: This week the Justice Department reported that “the Office of the Pardon Attorney has issued 205 certificates of pardon” to people covered by Biden’s proclamations.

In October 2022, President Joe Biden announced pardons for people who had possessed marijuana in violation of 21 USC 844 or Section 48–904.01(d)(1) of the D.C. Code. That proclamation applied to “all current United States citizens and lawful permanent residents” who had “committed the offense of simple possession of marijuana” on or before October 6.

According to a count by the U.S. Sentencing Commission (USSC), about 7,500 citizens and 1,200 “resident/legal alien offenders” (only some of whom would be eligible for pardons) were convicted of marijuana possession under 21 USC 844 from FY 1992 through FY 2021. Those numbers include some people who also were convicted of other offenses.

That count did not include D.C. Code violations. “We estimate that over 6,500 people with prior federal convictions for simple possession of marijuana and thousands of such convictions under D.C. law could benefit from this relief,” a White House official said during a press background call on the day Biden announced the pardons.

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