Tag: marijuana legalization

Texas Lt. Gov. Touts Poll Result Backing Hemp Crackdown While Ignoring Support For Marijuana Legalization In Same Survey

Texas Lt. Gov. Dan Patrick (R) this week emphasized a survey result showing that more than half (55 percent) of Texans want the state to rein its largely unregulated market for hemp-derived THC. At the same time, however, he seemed to ignore the survey’s other findings: that even more Texans want the state to legalize and regulate marijuana for both medical and adult use.

“This is a huge polling number on the issue of banning THC,” Patrick said Tuesday on social media, zeroing in on hemp-derived THC products that are widely available across the state. “Texans see these stores everywhere: in their neighborhoods and especially around schools where children have easy access. People simply don’t want them around.”

“Once the facts are out in the open,” he continued, “there is no doubt these public polling numbers will rise as more Texans demand a ban on these dangerous products.”

Rather than an outright ban on THC, however, the broader results of the University of Houston’s Hobby School of Public Affairs survey actually show that Texans want regulation of the psychoactive cannabinoid.

The polling found that nearly 4 in 5 (79 percent) support legalizing the sale and use of medical marijuana with a doctor’s recommendation, while more than 3 in 5 (62 percent) support legalizing and regulating an adult-use cannabis market.

Almost 7 in 10 (69 percent), meanwhile, said they think the state should decriminalize marijuana for personal use.

There is bipartisan support in the survey for each of the reforms.

Keep reading

DEA Judge Cancels Marijuana Rescheduling Hearings Amid Legal Challenges, Pushing Back Reform For At Least Three Months

The first hearings on the Biden administration’s marijuana rescheduling proposal that were set for next week have now been canceled following a legal challenge from pro-reform witnesses, a Drug Enforcement Administration (DEA) judge has ruled.

While DEA Administrative Law Judge (ALJ) John Mulrooney rejected key arguments from rescheduling proponents about how alleged improper communications and witness selection decisions by DEA Administrator Anne Milgram warranted the agency’s removal from the process altogether, he ultimately granted a request for leave to file an interlocutory appeal—canceling the scheduled January 21 merit-based hearing and staying the proceedings for at least three months.

And although Mulrooney cited statutory restrictions on his office’s ability to take actions such as removing DEA as the “proponent” of the proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), he sharply criticized the agency over various procedural missteps that he argued contributed to a delay of the rulemaking, potentially indefinitely as a new administration is set to come into office next week.

Central to the movants’ motion to remove DEA are allegations that certain agency officials conspired with anti-rescheduling witnesses who were selected for the hearing. The judge didn’t outright deny those claims and, in fact, noted a “disturbing and embarrassing revelation” about such communications. However, he said even if those claims were substantiated, they wouldn’t on their own constitute an “‘irrevocable taint’” that will affect the ultimate outcome of the proceedings.” Therefore, he said, it wouldn’t affect his office’s authority to relegate DEA in the hearings.

“I can no more remove or re-designate the Administrator than I can hold parties in contempt and fine them,” Mulrooney said. “The strangeness of this unsupported approach is amplified by the fact that the appointment of a new DEA Administrator by a different political party is imminent.”

Keep reading

DEA Judge Blasts Agency For ‘Unprecedented And Astonishing’ Defiance Of Ruling On Marijuana Rescheduling Evidence Procedures

A Drug Enforcement Administration (DEA) judge is condemning the agency over its “unprecedented and astonishing” defiance of a key directive related to evidence it is seeking to use in upcoming hearings on the Biden administration’s marijuana rescheduling proposal.

At issue is DEA’s insistence on digitally submitting tens of thousands of public comments it received in response to the proposed rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) as evidence in the hearings.

At multiple points, DEA Administrative Law Judge (ALJ) John Mulrooney advised the agency that hard copies of all evidence needed to be entered by January 3, and he rejected DEA’s request for an exception to the rule. Nevertheless, DEA moved to submit the comments in compact disc form despite the “clear (and repeated) directives,” the judge said in an order on Monday.

“The Government has not supplied the tribunal with a hard copy of the lengthy proposed exhibit… which it represents as containing the Comments,” Mulrooney said. “In view of the fact that Government’s request for leave for an exception to the rules applicable to the rest of the Designated Participants was specifically denied, this action is clearly not a mistake borne of misunderstanding or inadvertence, but an action taken in deliberate defiance of specific direction.”

“Even among the numerous extraordinary and puzzling actions taken thus far by the Government during the course of this litigation, this disobedience of an unequivocal directive from the tribunal is unprecedented and astonishing,” he said.

To that end, he rejected the evidentiary exhibit and further noted that, in light of DEA’s “deliberate failure to comply with the unequivocal and repeated directive of the tribunal, the issue of sanction is herein RESERVED for a determination to be made at such time during the hearing on the merits that the proposed exhibit is offered into the record.”

Keep reading

Virginia GOP Governor Claims Legalizing Marijuana Sales Would Harm Children And Increase Crime

Virginia Gov. Glenn Youngkin (R) emphasized during his State of the Commonwealth address that he’s not interested in cooperating with lawmakers to legalize marijuana sales in the state, claiming that doing so would hurt children, worsen mental health and increase violent crime.

“Strong communities work to prevent harmful drug use,” the governor said during the speech on Monday.

Use, possession and limited cultivation of cannabis by adults are already legal in Virginia, the result of a Democrat-led proposal approved by lawmakers in 2021. But Republicans, after winning control of the House and governor’s office later that year, subsequently blocked the required reenactment of a regulatory framework for retail sales. Since then, illicit stores have sprung up to meet consumer demand.

Supporters of regulating commercial sales in the state say the move would not create a cannabis market in Virginia but instead regulate the state’s existing illicit market, which some estimates value at nearly $3 billion. But Youngkin has rejected the idea, issuing a veto of a legal sales measure passed by lawmakers after Democrats retook control of the legislature last year.

“Everyone knows where I stand on establishing a retail marijuana market,” Youngkin said in his speech. “Let’s work together on other issues where we can find common ground.”

Keep reading

Indiana Lawmakers File Bills To Legalize Marijuana And Fund Psilocybin Research In 2025

Indiana lawmakers are already making moves to enact drug policy reform in the 2025 session—with newly filed bills to legalize marijuana, allow medical cannabis and fund psilocybin research.

While the prospects of the cannabis measures are unclear given the Republican-controlled legislature’s historic resistance to reform, the psychedelics legislation would simply provide the necessary funding for an already-enacted law promoting psilocybin research.

Senate Bill 113

Sen. Rodney Pol (D) has introduced legislation that would legalize marijuana for recreational and medical purposes in the state.

The bill would establish a regulatory framework and excise tax for cannabis, while creating an Indiana Cannabis Commission (ICC) and Advisory Committee to oversee the program.

It would also facilitate research into marijuana and provide for the expungement of criminal records for offenses made legal under the reform.

According to a fiscal note from the Legislative Services Agency (LSA), enacting the bill would generate “between $46.6 million and $92.6 million in FY 2026 and $50.8 million and $101.7 million in FY 2027 from Sales and Excise Taxes and permit fees.”

Despite the GOP-controlled legislature’s history on marijuana policy reform, some suspect the tides might change in 2025. Part of that enthusiasm comes from the fact that Gov.-elect Mike Braun (R) recently said that “it’s probably time” to allow access to therapeutic cannabis.

However—despite a recent survey showing nearly 9 in 10 Indiana adults support legalizing medical marijuana—Republican leaders in the legislature are pushing back on the idea.

“It’s no secret that I am not for this,” Senate President Pro Tem Rodric Bray (R) said last month. “I don’t have people coming to me with really compelling medical cases as to why it’s so beneficial. And any state that I’ve seen pass medical marijuana is essentially passing recreational marijuana.”

House Speaker Todd Huston (R), meanwhile, doubted any medical benefits associated with marijuana, calling the substance “a deterrent to mental health.” He and others suggested that lawmakers supportive of the reform merely want to boost state revenue.

Meanwhile in Indiana, an organization led by the former head of the state’s Republican Party is pushing lawmakers to adopt what it’s calling “safe and regulated” policies on marijuana.

An interim study group had heard testimony around the possibility of decriminalizing simple cannabis possession last November, but the group did not make any specific recommendations.

House Bill 1332

The legislation, sponsored by Rep. Blake Johnson (D), would also establish a regulatory framework for adult-use marijuana, with a Cannabis Commission charged with overseeing the program.

Marijuana would be subject to a 10 percent excise tax, in addition to the state’s 7 percent sales tax.

“Revenue to the state General Fund is estimated to increase between $41.9 M and $82.1 M per year from Sales Taxes” on marijuana, according to a fiscal note. “Also, the bill establishes the nonreverting Cannabis Regulation Fund which could receive between $60.4 M and $118.5 M per year from the Cannabis Excise Tax and permit fee revenue.”

It would also impose new penalties for mislabeling hemp products and selling or transporting cannabis to minors.

House Bill 1145

Under a newly filed bill from Rep. Heath VanNatter (R), it would no longer be a crime to possess up to two ounces of cannabis or grow plants with more than two ounces.

The proposal would also increase the felony threshold for possession, raising it from 30 grams to four ounces.

Keep reading

Legalizing Medical Marijuana Leads To ‘Significant Decrease’ In Opioid Companies’ Payments To Pain Doctors, Study Shows

Legalizing medical cannabis appears to significantly lessen monetary payments from opioid manufacturers to doctors who specialize in pain, according to recently published research, with authors finding “evidence that this decrease is due to medical marijuana becoming available as a substitute” for prescription painkillers.

“We find MML [medical marijuana legalization] leads opioid manufacturers to decrease direct payments to physicians prescribing opioids,” wrote authors, from the University of Florida, University of Southern California and the State University of New York (SUNY) at Buffalo. “Our analyses suggest this shift is due to increased adoption of marijuana for pain management, indicating that opioid manufacturers perceive marijuana as a superior substitute and respond by reducing these payments.”

The study was published late last year in the Journal of the American Statistical Association and was partially funded through a grant from the National Science Foundation. It looked at various financial incentives that opioid drugmakers provide to prescribing doctors—such as consulting fees and travel to conferences—and used a novel method of analysis meant to estimate causal effects from observational data.

“Our analysis finds a significant decrease in direct payments from opioid manufacturers to pain medication physicians as an effect of MML passage,” the report says.

Wreetabrata Kar, an assistant professor of marketing in the SUNY Buffalo’s school of management, co-authored the new study.

“Our findings indicate that medical marijuana is increasingly viewed as a substitute for opioids in chronic pain treatment, with the potential to transform pain management practices and help mitigate the opioid crisis that has profoundly affected communities across the U.S.,” the researcher explained in a press release. “The availability of new pain management options can change the financial dynamics between drug companies and health care providers.”

The team’s analysis found that decreases in direct payments from opioid makers to physicians was higher among physicians “practicing in localities with higher white populations, lower affluence, and a larger proportion of working-age residents.”

“Lower income regions tend to have higher rates of chronic pain and opioid misuse, making them key areas for potential substitution with medical marijuana,” Kar said. “Black patients are also less likely to be prescribed opioids for pain, and younger populations may be more open to alternative treatments, which could explain the different impacts of marijuana legalization in these communities.”

Keep reading

Legalizing Marijuana Led To ‘Immediate Decline’ In Opioid Overdose Deaths In U.S. States, New Research Concludes

A newly published paper examining the effects of adult-use marijuana legalization on opioid overdose deaths says there’s a “consistent negative relationship” between legalization and fatal overdoses, with more significant effects in states that legalized cannabis earlier in the opioid crisis.

Authors of the new analysis, published to the preprint repository Social Science Research Network (SSRN), estimated that recreational marijuana legalization (RML) “is associated with a decrease of approximately 3.5 deaths per 100,000 individuals.”

“Our findings suggest that broadening recreational marijuana access could help address the opioid epidemic,” the report says. “Previous research largely indicates that marijuana (primarily for medical use) can reduce opioid prescriptions, and we find it may also successfully reduce overdose deaths.”

“Further, this effect increases with earlier implementation of RML,” authors wrote, “indicating this relationship is relatively consistent over time.”

Keep reading

Trump Taps Pro-Marijuana Legalization Congressman Matt Gaetz For U.S. Attorney General

Rep. Matt Gaetz (R-FL) is President-elect Donald Trump’s choice to serve as the next U.S. attorney general—a selection that would put one of the only GOP members of Congress who actively supports and voted for marijuana legalization into the nation’s top law enforcement position.

As Trump works to put together his cabinet, the choice of Gaetz stands out as one of the most positive signals that the state-level cannabis marketplace will not be impeded under his administration. And it also bodes well for the ongoing Biden administration-led marijuana rescheduling effort that Trump has endorsed.

Gaetz was one of three Republican members of the House to approve a Democratic-led bill to federally legalize marijuana, titled the Marijuana Opportunity Reinvestment and Expungement (MORE) Act in 2022. He also supported a prior version of the legislation despite his concerns with equity-focused provisions.

Keep reading

Every GOP Senate Majority Leader Candidate Opposes Marijuana Legalization

With Republicans winning control of the U.S. Senate in last week’s elections, a key question for marijuana reform advocates and stakeholders is what the selection of a new GOP majority leader will mean for cannabis reform.

There are three names currently at the top of the list of potential majority leaders who will set the legislative agenda: Sens. John Cornyn (R-TX), Rick Scott (R-FL) and John Thune (R-SD). None have embraced ending prohibition, and each has a track record of expressing concerns about cannabis use or even moderate policy reforms such as those endorsed by President-elect Donald Trump on the campaign trail.

With Senate Minority Leader Mitch McConnell (R-KY) having already announced he will not be seeking to return to the leadership position, this will the first time since 2007 that the GOP caucus will be selecting a new majority leader. Republican senators are set to meet on Wednesday to make that determination.

Trump hasn’t endorsed a specific candidate to assume the top Senate role, but while Thune is generally considered a front-runner, certain of the president-elect’s allies such as Elon Musk have been pushing for Scott to become the chamber’s leader.

However it shakes out, the current contenders are united in their opposition to legalizing marijuana.

There are some in the industry who remain hopeful that Trump’s embrace of an unsuccessful Florida legalization measure, cannabis banking reform and rescheduling could move the party to fall in line. But the extent to which the incoming president cares enough about the issue to forcefully push for, or even occasionally mention, it from the White House remains to be seen.

After announcing his support for the policy change, Trump became relatively quiet on the issue ahead of the election—which may partly explain why his supporters evidently did not adopt his position, according to a recent poll.

And based on the records of the top contenders for Senate majority leader, it seems highly unlikely they would proactively try to enact reform legislation without a major push from the president.

Keep reading

Marijuana Legalization Faces A ‘Red Wall’ In Remaining Conservative States That Still Criminalize Consumers

November 5, 2024, was a tough day for cannabis legalization supporters.

Recreational legalization ballot questions in Florida, North Dakota and South Dakota all failed.

Two medical measures passed in Nebraska but face legal challenges over the validity of the signatures required to get the measures on the ballot. Why two measures? One legalizes the medical use of cannabis, and the second regulates it.

A medical use measure also appeared on the ballot in Arkansas, but the state Supreme Court ruled before the election that the votes can’t be counted because the title and name were “misleading.”

These failures raise questions about where the movement to legalize cannabis goes from here.

The red wall holds

I’ve been researching cannabis legalization in the U.S. since 2014. I’ve previously written about how the cannabis legalization movement’s primary obstacle is the “red wall,” a term I use to refer to the 20 states where Republicans have total control of state government and recreational cannabis remains illegal.

Another four states without recreational legalization—Kansas, Wisconsin, Kentucky and North Carolina—could be described as “red wall adjacent.” These states have Democratic governors, but Republicans control the state legislatures.

Keep reading