Tag: marijuana

Equity Advocates ‘Correct The Record’ On Biden’s Marijuana Actions And Shortcomings Of Anticipated Schedule III Move

A coalition of drug policy reform advocates is seeking to “correct the record” on the Biden administration’s marijuana policy achievements, calling attention to unfulfilled campaign promises to Black and brown communities on cannabis reform and criticizing the limitations of incremental rescheduling.

During a virtual press briefing organized by the Drug Policy Alliance (DPA) on Wednesday, representatives of multiple equity-focused cannabis organizations pushed back on the administration’s modest reform steps, contending that anything short of ending federal marijuana criminalization would represent a disservice to the communities most impacted under prohibition.

Maritza Perez Medina, director of federal affairs at DPA, stressed during the briefing that moving marijuana to Schedule III under the Controlled Substances Act (CSA), as the U.S. Department of Health and Human Services (HHS) has recommended to the Drug Enforcement Administration (DEA), is “something that our communities cannot accept.”

“As long as marijuana remains anywhere on the CSA, the harms of federal marijuana criminalization will continue,” she said.

Cat Packer, vice chair of the Cannabis Regulators of Color Coalition (CRCC) and director of drug markets and legal regulation at DPA, said the Biden administration’s commentary around its marijuana policy achievements “illustrates the need for Black and brown communities to correct the record of what promises have been made to our communities and whether any promises have been kept.”

President Joe Biden campaigned on a pledge to federally decriminalize marijuana—and he’s said repeatedly that nobody should be incarcerated over cannabis. But despite granting pardons for people who’ve committed certain federal marijuana possession offenses and directing a scheduling review, those broader promises have not yet been achieved.

“Rescheduling marijuana to Schedule III—the outcome that is anticipated to result from the Biden administration’s actions—would continue the very criminalization that Biden said that he would end and is the very type of incrementalism that [Vice President Kamala Harris] criticized in 2020,” Packer said. “Where’s the accountability to Black and brown communities to whom these reforms were promised?”

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FDA Official Says Agency Is ‘Actively’ Exploring CBD Regulations As It Continues To Monitor Kratom

The Food and Drug Administration (FDA) is “actively” exploring a potential regulatory framework for CBD, with plans to prioritize the issue in the next year, a top official says. Meanwhile, the agency is also investigating issues related to kratom.

FDA Deputy Commissioner for Policy, Legislation, and International Affairs Kimberlee Trzeciak discussed the agency’s cannabis and kratom interests during a webinar hosted by the Alliance for a Strong FDA this month.

Asked about issues that are “top of mind” for the agency in 2024 and where officials hope to engage with Congress, Trzeciak said that later this year or next year FDA wants to address setting up “an appropriate regulatory framework for CBD.”

Later in the conversation, the FDA official was asked specifically about how the agency is “prioritizing” its work on cannabis and kratom regulations, and she said officials are taking a number of factors into consideration as they work to address the substances.

“In almost every neighborhood you go to, you can see stores on the corners that are marketing CBD and kratom and others,” she said. “And one of the things that we have been thinking through here at FDA, using CBD as an example, is what does the regulatory framework for those products look like?”

“Based on what we know about CBD in particular, we do not think that those products would be able to meet the safety standards that we have in place for foods and dietary supplements today,” she said, referencing the agency’s position after it declined to enact regulations for the non-intoxicating cannabinoid that was legalized under the 2018 Farm Bill.

“What can we do in terms of regulatory tools to ensure that this product is going to be marketed that consumers are clearly aware of what the product is, what is in it and making sure that we have basic information about the marketplace?” Trzeciak said. “I like to think of it as the common regulatory tool that we have across the other products that we regulate.”

She added that FDA wants to “work with Congress on this effort,” including possible rulemaking around CBD product labeling and packaging.

“For example, how can we ensure that the agency knows if there are adverse events that are being reported, so we can identify those trends, making sure that the product is being manufactured or produced in a way that’s safe and quality?” she said.

Kratom reform advocates say the deputy commissioner’s comments represent a “shift” in the agency’s policy perspective on the issue. Historically, FDA hasn’t engaged in the kratom debate as actively as other agencies such as the National Institute on Drug Abuse (NIDA).

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New Idaho Bill Would Apply $420 Mandatory Minimum Fine For Marijuana Possession

Anyone convicted of possessing less than three ounces of marijuana in Idaho would receive a mandatory minimum fine of $420 if a new bill introduced in the Idaho Legislature becomes law.

House Bill 606 is Rep. Bruce Skaug’s second attempt to pass a bill creating a mandatory minimum fine for possession of less than three ounces of marijuana, after House Bill 559 was introduced on February 13.

On Tuesday, Skaug, R-Nampa, told members of the House State Affairs Committee that House Bill 606 replaces House Bill 559 and makes a technical correction. The difference is the newest bill adds language that basically says any other penalties specified in state law can also be applied, in addition to the $420 fine.

If passed into law, the new bill would amend the existing penalties in Idaho law for manufacturing, delivery or possession of controlled substances. Idaho law already specifies that anyone possessing more than three ounces of marijuana can be punished with a prison sentence of up to five years and a fine of up to $10,000, or both. The new bill simply adds a fine of not less than $420 for possession of less than three ounces of marijuana. State law describes marijuana as “all parts of the plants of the genus cannabis, including the extract or any preparation of cannabis which contains tetrahydrocannabinol.”

The $420 fine is a known reference to slang for getting high on marijuana. During Tuesday’s short introductory hearing, Skaug also dropped several marijuana-related puns when he told committee he “smoked out” the problem in his last bill and ran the changes by his assistant, “Mary Jane.”

Other than Wyoming, Idaho’s neighboring states have legalized medical or recreational marijuana. Utah allows for the possession and use of medical marijuana for qualified patients who have a medical cannabis card. Washington, Oregon, Montana and Nevada allow recreational marijuana.

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Analysis: Cannabis Products Provide Sustained Improvements In Sleep Quality For Patients With Insomnia

Insomnia patients who consume cannabis products report sustained improvements in their sleep quality, according to data published in the journal Brain & Behavior. 

British investigators assessed the safety and efficacy of plant-derived cannabis products (either oils, flower, or a combination of both) in over 60 patients enrolled in the UK Medical Cannabis Registry. Cohort participants possessed a doctor’s authorization to access cannabis products. (Since 2018, specialists have been permitted to prescribe cannabis-based medicinal products to patients unresponsive to conventional medications.) Authors assessed the efficacy of cannabis at one, three, and six months.

Researchers reported that cannabis products were “well tolerated” and that they were associated with better sleep, reduced anxiety, and greater quality of life. 

They concluded: “More than 40 percent of participants who completed each PROM [patient-reported outcome measure] round reported clinically significant improvement in their sleep quality at each time period. These results show that initiation of CBMP [cannabis-based medicinal products] therapy was associated with improvements in those patients who had previously failed to respond to currently licensed treatments for insomnia.”

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North Carolina Judge Bans People With The ‘Odor Of Marijuana’ From Entering Courts

Anyone who “has the odor of marijuana” will be banned from entering the North Carolina Superior Courts of Robeson County from here on out under an order signed by a judge on Wednesday.

The order says that smelling like cannabis will be grounds for removal from the courthouse, and the sheriff will be directed to “ask you to leave and come back without the odor owns [sic] your persons.”

A “findings of fact” section states that “the Robeson County Courthouse is a government facility open to the people for the purpose of conduction official business for the State of North Carolina.”

“The public is free to enter the courthouse during normal hours of operation to conduct business and the courthouse should be readily and reasonably accessible to the public in such a fashion that the safety and health of those entering the courthouse to conduct business, as well as those who work in the courthouse on a regular basis, are not threatened or impaired,” the order from Senior Resident Superior Court Judge James Gregory Bell says.

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Georgia $150M class action lawsuit accuses STIIIZY, Cookies, others of selling marijuana as hemp

A federal racketeering lawsuit filed in Georgia last week alleges that California cannabis brand leaders STIIIZY and Cookies – along with 12 co-conspirators – illegally sold marijuana products that had been intentionally mislabeled as federally-legal delta-8 hemp goods, and asks for a minimum of $150 million in damages.

The class action suit, filed Feb. 6 in U.S. District Court in the northern district of Georgia, claims that resident Hannah Ledbetter was misled by the defendants into purchasing the federally illegal marijuana products that had been sold as federally legal hemp goods that included 0.3% delta-8 THC or less, which is the federal threshold for legal hemp products.

“Defendants have conspired to import, manufacture, distribute, and possess illegal (delta-8) THC vape pens that are marijuana” and not hemp under federal law, the suit charges. “This scheme could only be accomplished through a pattern of racketeering activity.”

The suit asserts that Ledbetter carefully inspected the product labels prior to purchase “because she did not want to break the law.”

Rather, the suit claims, the products that Ledbetter ultimately bought – at multiple retail chains that do business in Georgia – were found to have delta-9 THC “far above what is allowed by law,” according to third-party testing results.

STIIIZY IP LLC, Cookies Creative Consulting & Promotions, and their partners “have facilitated the manufacturing, distribution, and/or sale of illegal marijuana to thousands of people over the course of the last four years,” the suit charges

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VP Kamala Harris Touts Marijuana Pardons In Pitch To Black And Young Voters, Saying ‘Nobody’ Should Be Jailed For ‘Smoking Weed’

Vice President Kamala Harris says the administration’s move to pardon people for federal marijuana possession offenses is an example of how it is delivering for Americans, particularly young and Black voters who could be key to President Joe Biden’s reelection bid this year.

The White House also cited the cannabis clemency move in a new fact sheet on efforts to “advance racial justice and equity and ensure the promise of America for all communities.”

Speaking with Gray DC in South Carolina ahead of the state’s primary election last weekend, Harris was asked about the significance of the Black youth vote for the Biden-Harris campaign. She stressed the importance of reaching that demographic and said cannabis clemency is one action that should be uniquely appealing.

“Another issue [is] what we have done to pardon tens of thousands of people for simple marijuana possession under the federal law—because, frankly, nobody should have to go to jail for smoking weed,” Harris said.

“So these are some of the things that we have done that I think really do resonate with young people, with Black voters and young Black voters, with young Black men,” she said, also citing efforts to increase access to high-speed internet and fund historically Black colleges and universities. “And there’s more to do.”

While Harris said “tens of thousands” have been pardoned under President Joe Biden’s October 2022 and December 2023 clemency proclamations, the Justice Department estimates that roughly 13,000 people have been granted relief under the executive action.

But inflated rhetoric around the pardons has been a consistent theme, with Biden himself frequently exaggerating the impact by falsely suggesting that people were released from prison over marijuana and that criminal records were expunged. A pardon simply constitutes formal forgiveness, and nobody who received a pardon was actively incarcerated in federal prison over simple possession.

As advocates have also pointed out, there are still people in federal prison over other non-violent marijuana offenses. They’ve pushed the Biden administration to do more, including keeping his key cannabis campaign pledge to decriminalize marijuana.

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GOP Lawmakers Team Up With Marijuana Prohibitionists On Resolution Calling For Research Into High Potency THC Products

GOP House and Senate lawmakers well-known for opposing marijuana reform have introduced a concurrent resolution calling on federal agencies to study the potential risks of high potency THC products.

Rep. Pete Sessions (R-TX) and Sen. Pete Ricketts (R-NE) filed the legislation, which they promoted alongside the leading prohibitionist group Smart Approaches to Marijuana (SAM) at a press conference on Thursday.

The whereas section of the measure says that “high-potency marijuana has become increasingly prevalent across the United States,” which it claims carries “greater health risks,” particularly for young people.

It goes on to say that “education and awareness programs are essential to inform the public about the potential risks associated with the use of high-potency marijuana,” and “bipartisan effort is necessary to develop evidence-based policies to address” the issue.

To that end, the resolution would express the sense of Congress that agencies including the Drug Enforcement Administration (DEA) and National Institutes of Health (NIH) should “conduct and support research on the health effects of high-potency marijuana and its impact on vulnerable populations such as youth.”

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Democrats urge Biden administration to deschedule marijuana

Senate Democrats are putting new pressure on the Biden administration to ease federal restrictions on marijuana in a new letter to the Drug Enforcement Administration on Tuesday as it considers rescheduling cannabis after it was federally classified more than five decades ago.

The Department of Health and Human Services formally recommended in August that the DEA move the drug from Schedule I to Schedule III of the Controlled Substances Act, or CSA, prompting a monthslong review, which continues.

The letter, from 12 senators led by Elizabeth Warren, D-Mass., and John Fetterman, D-Pa., and signed by Majority Leader Chuck Schumer, D-N.Y., goes further.

“The case for removing marijuana from Schedule I is overwhelming. The DEA should do so by removing cannabis from the CSA altogether, rather than simply placing it in a lower schedule,” the senators wrote in the letter, first obtained by NBC News.

Rescheduling the drug or removing it entirely would have significant implications for the marijuana industry and for cannabis users, some of whom consume it for medical purposes.

Since 1971, cannabis has been under Schedule I, the highest classification of the CSA, along with drugs like heroin and LSD, which the government formally considers to have high potential for abuse and no accepted medical use.

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Correcting The Record On Marijuana Prisoners Left Behind By Biden’s Pardons

On October 6, 2022, President Joe Biden issued a historic general pardon for all previous crimes of simple marijuana possession in violation of federal law and the D.C. Code, both of which are misdemeanors. A few weeks ago, the president extended the general pardon to cover offenses for marijuana use and attempted simple possession, which are also misdemeanors.

In all likelihood, the most important part of the president’s October 2022 action wasn’t the general pardon, but instead his ordering an administrative review of marijuana’s treatment under the federal government’s master drug scheme, the Controlled Substances Act. As just confirmed last week, the U.S. Health and Human Services Department’s scientific evaluation supports rescheduling marijuana—from a federal regime of absolute prohibition (Schedule I) to one of medical prescription pursuant to federal regulations (Schedule III)—which is now under final review by the Drug Enforcement Administration.

Over the course of more than a year, President Biden has touted his general pardon as an example of “keeping my promise” on campaign pledges to decriminalize marijuana, to free incarcerated marijuana offenders and to expunge marijuana convictions. “My Administration has taken action,” a 2023 executive order claimed, to “correct our country’s failed approach to marijuana.”

Certainly, President Biden has made a bolder statement on marijuana reform than any voiced by his predecessors—save perhaps President Jimmy Carter, whose 1979 call for marijuana decriminalization went unheeded. The Biden administration deserves a lot of credit for the general pardon, the prospect of administrative rescheduling and other steps in support of reform. Indeed, just describing prohibition as “America’s failed approach to marijuana” is historically meaningful.

But let’s be clear: None of the administration’s actions has released a single marijuana offender from prison.

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