Tag: medical marijuana

Ohio Marijuana Officials Send Guidance To Dispensaries On Rules For Opening Day Sales Events, Advertising And More Ahead Of Market Launch

As Ohio moves closer to launching its adult-use marijuana market, regulators have distributed supplemental guidance on the rules for opening day events, advertising and more.

The Division of Cannabis Control (DCC) has been issuing the state’s first dual certificates of operation for marijuana growers, processors and testing labs in recent weeks so they can begin working with both medical and recreational cannabis. Numerous existing retail dispensaries have been granted provisional licenses as well, but so far none of them have been certified to begin operations

Things are moving forward, however, as regulators have commenced inspections of certain marijuana dispensaries to ensure they’re meeting updated compliance requirements as one of the final steps before they’re able to open shop. And in anticipation of those first openings, DCC sent applicants new guidance materials to “prepare for dual-use operations.”

One way that the division is preparing prospective dual licensees is by reminding them of what they can and can’t do to mark their opening day. For example, businesses cannot allow on-site consumption, offer samples (infused or non-infused), have music or food trucks outside the shop, promote the opening with celebratory decor on the exterior or hold a ribbon cutting ceremony outside.

However, they are permitted to have music inside as long as it’s not a live performance. They can also offer complimentary non-alcoholic beverages and promote the opening by holding a ribbon cutting ceremony inside the dispensary.

DCC also advised applicants that, until new advertising rules are enacted, all businesses must still adhere to the existing regulations in place under the state’s medical marijuana law. To help dual licensees, the division provided a template for what they can post without requiring independent approval.

Advertising material for dual licensees may include the opening date, approved dispensary name, dispensary logo, a note about adults 21 years being allowed to access the shop, location and hours of operation, the business website and social media handles and information about whether online orders, drive-thru services and curbside pickup are available.

Keep reading

NFL Moves To Dismiss Player’s Lawsuit Over Penalties For Cannabis Medication Use, Saying THC Can Cause Injuries And ‘Alienation’ Of Fans

The NFL and the Denver Broncos are asking a federal court to reject a player’s lawsuit alleging discrimination over penalties he incurred due to positive THC tests from his prescribed use of a synthetic cannabinoid.

In a joint motion to dismiss filed with the U.S. District Court for the District of Colorado last week, the league and team defended their marijuana policy for players, affirming it’s their view that use of cannabis can lead to on-field injuries, poor job performance and “alienation of the fans.” And they challenged the discrimination claims from Randy Gregory, who played for the Broncos before transferring to the San Francisco 49ers.

Gregory filed his suit in a state district court last month, arguing that NFL and the Broncos violated the Colorado Anti-Discrimination Act (CADA) by penalizing him for using the Food and Drug Administration- (FDA) approved cannabis medication dronabinol to treat anxiety, post-traumatic stress disorder (PTSD) and pain. The case was moved to the federal court earlier this month.

The defendants responded by arguing that those claims are “completely preempted” by the federal Labor Management Relations Act (LMRA), and they said U.S. Supreme Court and federal circuit court precedent on collective bargaining agreements demonstrate that “Plaintiff’s claims under state law must be dismissed.”

The motion to dismiss also asserts that Gregory’s allegation that the NFL and Broncos violated Colorado’s anti-discrimination law falls flat because the statute doesn’t expressly protect workers from being penalized over marijuana use, regardless of whether its used for medical purposes in compliance with state law.

Keep reading

Cannabis Is More Effective In Treating Musculoskeletal Pain Than Traditional Medications Are, Patients Say In New Study

More than 1 in 5 patients who go to orthopedic surgeons with chronic musculoskeletal pain are using or have used some form of cannabis to manage their pain, according to a new study published this month. Of those, almost two thirds said they felt cannabis was very or somewhat effective, while more than 9 in 10 said it was at least slightly effective.

“More than half (57%) claimed cannabis to be more effective than other analgesic medications, and 40% reported decreasing their use of other analgesic medications since starting cannabis use,” the research found, adding that only 26 percent reported a doctor recommended cannabinoids to them to treat their musculoskeletal (MSK) pain.

Notably, among those who said they used cannabis to manage pain, the most commonly used cannabinoid was CBD (39 percent), followed by a hybrid of multiple cannabinoids (20 percent). Almost a quarter (23 percent) said they were unaware of their cannabis’s composition.

Further, among patients who were not cannabis users, roughly two thirds (65 percent) said they were interested in using marijuana to manage their pain but reported barriers to use such as “lack of knowledge regarding access, use and evidence, and stigma,” although stigma was, contrary to previous research, not a primary concern.

Keep reading

Kentucky Governor Pushes DEA To Reschedule Marijuana, Saying It’s An “Alternative To Deadly Opioids’

The governor of Kentucky has added his voice to the chorus of people urging the Drug Enforcement Administration (DEA) to follow through on the Biden administration’s plan to reschedule marijuana.

Gov. Andy Beshear (D) on Wednesday submitted a public comment on the proposed rule, which would move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). There are currently more than 31,000 comments submitted on the proposal, with the deadline to weigh in coming up on Monday.

“As Governor, my job is to move our state forward,” Beshear said, referencing his state’s medical cannabis legalization policy that he signed into law. “Rescheduling marijuana to Schedule III is a significant, common-sense step forward for all Kentuckians, especially those with significant medical conditions.”

He added that the reclassification will have “substantial and meaningful impacts” on patients, communities, businesses and research.

While he argued that the reform would provide an “alternative to deadly opioids,” that’s not necessarily the case. As a Schedule III drug, marijuana would still be federally illegal unless the Food and Drug Administration (FDA) approved it as a medicine, which is unlikely for a botanical substance.

Beshear added that rescheduling will promote “fair markets” for cannabis, as it will allow state-licensed marijuana businesses to take federal tax deductions that they’ve been barred from under an Internal Revenue Service code known as 280E. The policy change would also mean “real opportunities for research on marijuana” since certain barriers imposed on studying Schedule I drugs would be lifted.

Keep reading

DOJ Doubles Down On Claim That Medical Marijuana Patients ‘Endanger Public Safety’ If They Own Guns

The Justice Department is doubling down on its position that medical marijuana patients who possess firearms “endanger public safety,” “pose a greater risk of suicide” and are more likely to commit crimes “to fund their drug habit”—justifying, in the government’s eyes, a federal ban on gun ownership by cannabis consumers.

Following a U.S. Supreme Court ruling last month that upheld the constitutionality of governments setting certain gun restrictions in a case centered around domestic violence-related prohibitions, the justices remanded a pending cannabis and Second Amendment rights case back to the lower court for reconsideration.

Late last week, plaintiffs and DOJ submitted briefs in a separate case that responded to the potential implications of the high court’s latest decision for the federal statute barring gun ownership by cannabis consumers.

In the filings submitted to the U.S. Court of Appeals for the Eleventh Circuit, DOJ urged the panel to affirm an initial district court ruling that deemed the cannabis and firearms ban to be constitutional, while appellants are requesting a reversal of the order.

This is the latest development in the two-year case, with a group of Florida medical cannabis patients arguing that their Second Amendment rights are being violated because they cannot lawfully buy firearms so long as they are using cannabis as medicine, despite acting in compliance with state law.

Keep reading

GOP Lawmakers Push Justice Department To Reverse Course On Marijuana Rescheduling

Republicans in Congress sent a public comment letter this week opposing the Biden administration’s planned rescheduling of marijuana under the Controlled Substances Act (CSA), alleging the government’s recommendation was based on politics rather than science.

Led by Rep. Pete Sessions (R-TX) and Sen. James Lankford (R-OK), the letter opposing the move of cannabis to Schedule III was signed 23 other House and Senate GOP congressional lawmakers. It was addressed to U.S. Attorney General Merrick Garland at the Department of Justice (DOJ).

“The decision to disregard public safety and medical concerns to reclassify marijuana is strictly political,” Sessions claimed in a press release about the letter. “This egregious proposed rule fails to provide sufficient science and data in support. Senator Lankford and I are leading the charge in raising the alarm from Congress.”

The letter itself says it should be irrelevant to the Department of Health and Human Services (HHS) analysis of marijuana that 38 states and Washington, D.C. have legalized medical cannabis under state law.

“It is clear that HHS and DOJ chose the desired conclusion first and worked backwards, since the rule does not provide sufficient reason to move marijuana to schedule III,” the letter says, further alleging that the Drug Enforcement Administration (DEA) “was not properly consulted in the drafting of the Proposed Rule.”

To that end, the letter amplified rumors that DEA is not on board with the administration’s rescheduling plan.

“DEA Administrator [Ann] Milgram did not sign the rule, and it states many times that DEA believes additional information is needed regarding the appropriate schedule for marijuana,” it says. “The Proposed Rule references DEA’s findings from 2016, when it rejected two petitions to remove marijuana from schedule I. It seems that DEA stands by its findings from 2016- all the more reason why this rule should not have been published without sign off from the DEA Administrator.”

Since the government’s rescheduling plan was made public in April, SAM and others have amplified rumors that DEA officials might oppose the proposed change—rumors that a top Biden administration official appeared to acknowledge last month.

Asked by a reporter whether there was resistance to the move at DEA, HHS Secretary Xavier Becerra responded: “Talk to the DEA.”

“Our scientists reviewed the evidence,” he added. “FDA bases its action on the science and the evidence before us. We took action.”

The GOP lawmakers claim in the new letter that despite the popularity of medical marijuana nationwide, cannabis isn’t medicine.

Keep reading

Senators Approve Bill To Let VA Doctors Recommend Medical Marijuana To Veterans In Legal States

A key U.S. Senate committee has approved a spending bill with a new amendment allowing doctors at the U.S. Department of Veterans Affairs (VA) to discuss and recommend medical marijuana to patients living in legal states.

The Senate Appropriations Committee passed the cannabis amendment from Sen. Jeff Merkley (D-OR) in a voice vote on Thursday, also advancing the overall legislation, which provides funding for Military Construction, Veterans Affairs, and Related Agencies (MilConVA) for the 2025 Fiscal Year.

“The only healthcare system in America where a doctor cannot discuss medical marijuana with patients in states where it’s legal is the veterans system,” Merkley told the panel. “We’re discriminating against our veterans. This is really unacceptable.”

The same committee similarly passed the senator’s veterans and cannabis amendment last session and in prior years.

“This committee has approved this amendment in every single markup since 2015 for the last decade, because we want to have our veterans have the same fair access to the full range of medical advice that every other individual in America already has,” Merkley said.

Keep reading

U.S. Supreme Court Sends Marijuana And Gun Case Back To Lower Court, Emboldening DOJ’s Defense Of Firearm Ban

The U.S. Supreme Court has sent a case concerning gun rights for marijuana consumers back down to a lower court after issuing a potentially relevant ruling in a separate Second Amendment case, and the Justice Department is now reiterating its position that cannabis use warrants a ban on firearm ownership.

The high court has remanded several gun cases to their respective lower courts in light of the ruling in United States v. Rahimi, which affirmed the government’s right to restrict gun rights for a man with restraining orders for domestic violence. The cases heading back to lower levels include at least one related to the cannabis ban, and DOJ is now arguing that the SCOTUS decision “undermines” a federal court’s ruling that deemed the prohibition for marijuana consumers to be unconstitutional last year.

In a supplemental letter brief to the U.S. Court of Appeals for the Fifth Circuit, where the United States vs. Daniels case was remanded by SCOTUS, the Justice Department said history “supports the government’s authority to disarm categories of persons whose firearm possession would endanger themselves or others.”

“Consistent with that principle, Congress may temporarily disarm unlawful users of controlled substances during periods of active drug use, when they present a special danger of firearm misuse,” it said. “The Supreme Court’s decision in Rahimi also is in tension with this Court’s opinion in United States v. Daniels, which made some of the very methodological errors that Rahimi corrected to find Section 922(g)(3) unconstitutional as applied to a marijuana user. The district court’s judgment should be reversed.”

DOJ has argued in multiple federal cases over the couple year that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals.

Keep reading

Connecticut Officials Vote To Add Female Orgasmic Disorder And Autism As Medical Marijuana Qualifying Conditions

Connecticut is on track to allow access to medical cannabis for the treatment of female orgasmic disorder (FOD) following a decision on Friday by the state Medical Marijuana Program Board of Physicians.

Doctors on the state panel unanimously agreed that cannabis is more likely than not to have a beneficial effect on FOD, which they acknowledged as a debilitating condition. Orgasms in people with FOD are delayed, infrequent or entirely absent.

The body also signed off on a separate proposal to add autism spectrum disorder as a qualifying condition for Connecticut’s medical cannabis program.

The push to add FOD as a condition for marijuana access stems from a petition submitted last year by Suzanne Mulvehill, a clinical sexologist who’s working to expand access to cannabis for people with FOD.

The executive director of the Female Orgasm Research Institute and the related Women’s Cannabis Project, Mulvehill has published research indicating that cannabis use increased orgasm ease and frequency in more than 70 percent of patients with FOD. Her study also found that marijuana improved sexual satisfaction in about two thirds (67 percent) of those with FOD.

Despite the promising results, Mulvehill told the panel, discussing women’s sexual satisfaction still carries stigma.

“We rarely talk about this topic, but I think it’s time,” she said, “because up to 41 percent of women suffer from it, and that statistic has not changed for more than 50 years.”

Referencing drugs for erectile dysfunction, such as Viagra, Mulvehill argued that “there is a solution for men, you know, but there really isn’t one for women.”

“This can be that solution,” she said of medical marijuana.

Keep reading

Washington State Law Exempting Some Medical Marijuana Purchases From Steep 37% Tax Takes Effect

Some purchases of medical marijuana in Washington State will no longer be subject to the state’s 37 percent cannabis tax under a new law taking effect on Thursday. The exemption, signed into law in March by Gov. Jay Inslee (D), applies specifically to products that have been certified to higher testing standards than typical state-legal products.

Medical marijuana cardholders were already eligible for exemptions from Washington’s sales and use taxes on cannabis, but they were not exempt from the state’s excise tax, one of the highest in the country.

The bill, sponsored by Rep. Sharon Wylie (D) and two other Democrats allows state-registered patients and caregivers to avoid the tax when purchasing products that are compliant with Department of Health (DOH) testing standards, which are more rigorous than typical state cannabis standards. Manufacturers in the state are required to submit all medical and adult-use products to labs for testing, but producers can voluntarily have additional testing done—to screen for heavy metals, for example—that isn’t otherwise required.

Marijuana that passes the additional testing can be labeled with a DOH-developed logo, which now also serves as an indication that the product is tax-free for patients and caretakers.

Many states with both adult-use and medical marijuana already exempt patients from taxes.

Washington’s tax break is only temporary. As written, the new law is set to expire on June 30, 2029. A report by the Joint Legislative Audit and Review Committee on the revenue impacts of the change is due in 2028.

One of the bill’s co-sponsors, Rep. Shelley Kloba (D) also sponsored a cannabis homegrow bill this session—the latest in a series of such measures introduced over the past several years—but the proposal ultimately died in committee. If passed, HB 2194 would have allowed adults 21 and older to grow up to four plants per person, with no more than 10 allowed per household. Home cultivation of marijuana without a medical marijuana card remains a felony in the state.

Kloba told Marijuana Momentthat she’s co mmitted to continued advocacy for the policy change and plans to introduce yet another homegrow measure next year.

Keep reading