12 State Attorneys General Tell DEA To Reschedule Marijuana As ‘Public Safety Imperative’

A coalition of 12 Democratic state attorneys general is urging the Drug Enforcement Administration (DEA) to move forward with federal marijuana rescheduling, calling the policy change a “public safety imperative.”

In a letter led by Colorado Attorney General Phil Weiser (D) that was sent to DEA Administrator Anne Milgram on Friday, the top state law enforcement officials said were “encouraged” to see the U.S. Department of Health and Human Services (HHS) recommend moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) “in the interest of public health and safety.”

“For these reasons, we encourage the DEA to implement a final rule rescheduling cannabis to Schedule III based on the Federal Drug Administration’s [sic] scientific and medical conclusions,” they wrote. “We see this as a public safety imperative and write in support of this policy change.”

“As state attorneys general, we have a responsibility to protect consumers and defend public safety,” they said, adding that they remain concerned about the illicit cannabis market, unregulated sales of intoxicating hemp-based cannabinoid products and the “continuing proliferation of dangerous opioids.”

“State-sanctioned cannabis markets provide access to regulated products that are clearly safer to what individuals can buy on the street—and supporting the effective operation of these regulated markets thus fits with our commitment to addressing the opioid crisis and rising overdose deaths,” the officials said.

“The undersigned appreciate that rescheduling to Schedule III will allow the state-regulated cannabis industry to continue to set the standard for legal products and work to eliminate the illicit market and unregulated intoxicating hemp products that currently operate in interstate commerce. Regardless of the policy choices made, demand for these products will continue. Meeting this demand only in a regulated, legal marketplace better protects consumers.”

The letter also notes that tax revenue from regulated cannabis sales is “material,” contributing “billions of dollars” to state coffers. Moving cannabis to Schedule III would further allow licensed businesses to take federal tax deductions after being excluded form the scope of the 280E provision, which would help them “expand their investments into the state programs and focus on public health and safety in collaboration with law enforcements efforts.”

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Feds Will Release Marijuana Rescheduling Memo And Related Documents ‘In Their Entirety’ In Response To Lawsuit

The Department of Health and Human Services (HHS) has agreed to release documents related to its recommendation to federally reschedule marijuana “in their entirety” amid litigation over a Freedom of Information Act (FOIA) request that was filed by a lawyer last year.

“Good afternoon and thank you for your patience,” a Department of Justice attorney handling the case said in an email to attorney Matt Zorn on Thursday. “The agency has advised that it will release the letter and its enclosures in their entirety.”

Zorn posted a screenshot of the email on his blog, noting that the release could mean that “rescheduling is imminent—or not.”

When the government announces a marijuana rescheduling through a Federal Register notice, he pointed out, it would “attach the letter and its enclosures” to that posting.

Zorn last month obtained more than 250 pages of the rescheduling advisory letter and supporting documents sent by HHS to the Drug Enforcement Administration (DEA) last year, though the vast majority were released only in highly redacted form.

In a phone interview with Marijuana Moment, Zorn said the new development comes after a “little scuffle” with the federal government over the timeline in his FOIA lawsuit. The Justice Department had filed a motion to vacate a deadline for summary judgement that was set for January 18, and while Zorn said he would typically accept such a request, he instead filed an opposing brief and the judge ultimately denied the government’s motion.

He added that, “realistically, the lawsuit could have accelerated” the timing of the government’s scheduling announcement, though it’s also possible that just the letter will be released without DEA immediately announcing a decision in the ongoing scheduling review.

In October, HHS released a highly redacted version of the one-page letter from the health agency to DEA in response to public records requests by news organizations such as Marijuana Moment and lawyers, including Zorn.

Shane Pennington, a lawyer who co-writes the On Drugs blog with Zorn, applauded his colleague’s work in pushing for the documents to be released.

“Matt has demonstrated once again that litigation is a powerful tool for unlocking doors, solving problems, and doing the ‘impossible,’” he told Marijuana Moment in an email. “I’m proud to work with him on On Drugs and so many other projects.”

Broadly, the documents are believed to discuss new scientific information that’s come to light in recent years, which HHS suggests might necessitate rescheduling marijuana.

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GOP Virginia Governor Doesn’t Have ‘Any Interest’ In Legalizing Marijuana Sales Under New Democrat-Led Bills

As Virginia Democrstic lawmakers renew their push to legalize marijuana sales, the Republican governor says the issue isn’t something he’s personally interested in advancing this year.

While advocates are hopeful that commercial legalization could move through both chambers of the legislature, which are now controlled by Democrats, the remarks from Gov. Glenn Youngkin (R) indicate that the plan might not be enacted into law even if it is approved by the House of Delegates and Senate.

Following his State of the Commonwealth address on Wednesday, Youngkin was asked about the prospects of further cannabis reform.

“I just don’t have a lot of interest in pressing forward with marijuana legislation,” he told reporters.

Cannabis is “an area that I really don’t have any interest in,” the governor said.

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Cannabis Holds Potential To Prevent And Reduce Severity Of COVID-19, While Treating Long-Term Symptoms, Study Finds

Cannabis and its compounds hold the potential to limit the “susceptibility and severity of infection” from COVID-19, while also showing promise in the treatment of long COVID symptoms such as anxiety, depression and decreased appetite, according to a new study.

Researchers at Dalhousie University in Canada carried out a comprehensive review of the scientific literature, publishing their findings about marijuana as a preventive therapeutic in the Journal of Clinical Medicine late last month.

The study found that “cannabinoids have been shown to prevent viral entry, mitigate oxidative stress, and alleviate the associated cytokine storm” of early COVID-19 infections.

“Post-SARS-CoV-2 infection, cannabinoids have shown promise in treating symptoms associated with post-acute long COVID-19, including depression, anxiety, post-traumatic stress injury, insomnia, pain, and decreased appetite,” it said.

The research takes into account a long list of existing studies, aiming to fill the knowledge gap on how endocannabinoid system (ECS) modulation might impact patients in the early- and post-infection stages. Prior studies have focused on marijuana as treatment option during the acute phase of a COVID-19 infection.

“Cannabis and cannabinoid-based drugs have shown promise in preventing viral entry, acting as an anti-inflammatory agent, and improving many symptoms associated with post-acute SARS-CoV-2 infections,” the authors concluded.

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DEA Tells Congress It Has ‘Final Authority’ On Marijuana, Regardless Of Health Agency’s Schedule III Recommendation

The Drug Enforcement Administration (DEA) is telling lawmakers that it reserves “the final authority” to make any scheduling decision on marijuana following an ongoing review, regardless of what the U.S. Department of Health and Human Services (HHS) recommends.

In a letter sent to Congressional Cannabis Caucus co-chair Rep. Earl Blumenauer (D-OR), DEA Acting Chief of the Office of Congressional Affairs Michael Miller gave a general overview of the scheduling review process that was initiated under a directive from President Joe Biden in October 2022.

That started with a scientific assessment from HHS that reportedly advised DEA to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Once HHS made its recommendation in August, “DEA conducts its own review,” the letter, sent last month and first reported by Punchbowl News, says.

“DEA has the final authority to schedule, reschedule, or deschedule a drug under the Controlled Substances Act, after considering the relevant statutory and regulatory criteria and HHS’s scientific and medical evaluation,” it says. “DEA is now conducting its review.”

The agency’s statement came in response to an earlier letter from 31 bipartisan lawmakers, led by Blumenauer, that implored DEA to consider the “merits” of legalization as it carried out its review. That initial letter also criticized the limitations of simply placing cannabis in Schedule III, as opposed to fully removing the plant from CSA control.

“While Congress works to send the President comprehensive cannabis legislation, the urgency of full descheduling should inform DEA’s position on overall cannabis reform and appropriate enforcement centered on advancing public safety, not unjust criminalization,” the lawmakers’ letter said. “Marijuana’s continued inappropriate scheduling is both arcane and out-of-touch with the will of the American people.”

In that context, DEA’s response offered little insight, with the agency declining to address the lawmakers’ key arguments and instead simply outlining the procedural details of the scheduling review.

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DEA Calls For Even More THC, Psilocybin And DMT To Be Produced For Research In 2024

The Drug Enforcement Administration (DEA) is now calling for the production of even more THC, psilocybin and DMT for research purposes than it initially proposed for 2024—raising its quotas for those drugs while maintaining already high production goals for marijuana and other psychedelics.

In a notice set to be published in the Federal Register on Wednesday, DEA said it received comments from registered manufacturers requesting increases to previously proposed 2024 quotas for the Schedule I substances in order to “meet medical and scientific needs,” and it agreed to do so in the new final order.

Accordingly, the agency nearly doubled the quotas for delta-9 THC and all other tetrahydrocannabinol, increasing them to 1,523,040 grams and 1,166,130 grams, respectively.

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UFC Formally Removes Marijuana From Banned Substances List For Professional Fighters

The Ultimate Fighting Championship (UFC) announced on Thursday that it is formally removing marijuana from its newly modified banned substances list for athletes, building on an earlier reform.

While UFC says it is modeling its list of prohibited drugs after the World Anti-Doping Agency (WADA)—which has controversially maintained cannabis as a banned substance—it is making amendments “based on historical findings (i.e. marijuana removed from the prohibited list).”

Professional fighters have already been largely protected from being penalized over testing positive for THC under a policy change that UFC adopted in 2021, but now it is removing cannabis as a banned drug altogether.

“UFC’s goal for the Anti-Doping Policy is to be the best, most effective, and most progressive anti-doping program in all of professional sports,” UFC Chief Business Officer Hunter Campbell said in a press release on Thursday.

“UFC is proud of the advancements we have made with our anti-doping program over the past eight years, and we will continue to maintain an independently administered drug-testing program that ensures all UFC athletes are competing under fair and equal circumstances,” he said. “With this new iteration of the program, UFC has once again raised the bar for health and safety in combat sports.”

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Scientists Published More Than 32,000 Marijuana Studies Over The Past 10 Years, Including Thousands In 2023, NORML Analysis Shows

Researchers have published more than 32,000 scientific papers on marijuana over the past 10 years—including over 4,000 in 2023 alone—according to an analysis from NORML that again calls into question critics’ claims that cannabis is insufficiently studied to be legalized.

The advocacy organization’s analysis is based on keyword searches on the federal National Library of Medicine website PubMed.gov. This year marked the third in the row that cannabis-related papers totaled over 4,000 as researchers continue to explore risks and benefits amid the legalization movement.

“Despite claims by some that marijuana has yet to be subject to adequate scientific scrutiny, scientists’ interest in studying cannabis has increased exponentially in recent years, as has our understanding of the plant, its active constituents, their mechanisms of action, and their effects on both the user and upon society,” NORML Deputy Director Paul Armentano said in a blog post.

“It is time for politicians and others to stop assessing cannabis through the lens of ‘what we don’t know’ and instead start engaging in evidence-based discussions about marijuana and marijuana reform policies that are indicative of all that we do know,” he said.

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Sports Medicine Doctors Have ‘Favorable’ Attitudes Toward CBD And Marijuana, Study Finds

Sports medicine providers “generally have favorable views toward CBD and cannabis,” and most believe marijuana should be removed from the World Anti-Doping Agency’s (WADA) list of prohibited substances, according to a new survey of 333 doctors published this month.

The study also found that most sports medicine physicians who participated support legalizing marijuana for recreational and medical use.

That said, there are still “varying views” about cannabis within the field, authors found, and those “appear to be significantly affected by age, practice type, and gender.”

Among demographic groups less likely to favor allowing marijuana for recreational use were women, older doctors and rural respondents, according to the survey, results of which appear in the journal Translational Sports Medicine.

“Similarly, these three factors were associated with a higher likelihood of disagreeing with WADA removing cannabis from the prohibited substance list and with the NCAA allowing CBD use by collegiate athletes,” it says.

Men and younger physicians, meanwhile, were less likely to identify marijuana as “performance-enhancing.”

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