Tag: the war on (some) drugs

Researchers Ask Federal Court To Block DEA From Banning Two Psychedelics Under ‘Unconstitutional’ Administrative Process

Researchers are asking a federal court to block the Drug Enforcement Administration (DEA) from proceeding in its attempt to ban two psychedelics, arguing that the agency’s administrative approach to the proposed scheduling is unconstitutional.

Panacea Plant Sciences (PPS) filed a complaint and request for injunctive relief against DEA in the U.S. District Court for the Western District of Washington last week.

The legal challenge focuses on the agency’s recent scheduling of an administrative hearing to receive expert input on its controversial plans to classify 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) as Schedule I drugs under the Controlled Substances Act (CSA).

The filing doesn’t speak to the merits of the scheduling proposal—an issue that psychedelics researchers have previously addressed in public comment. Rather, PPS is contesting the administrative hearing process that’s preceding final rulemaking, arguing that DEA’s reliance on administrative law judges (ALJs) to settle such arbitration is unconstitutional based on U.S. Supreme Court precedent.

PPS said that because the Supreme Court has held that ALJs are considered “inferior officers,” current statutory removal protections unconstitutionally insulate them from executive control under Article II of the Constitution. That means DEA should not be permitted to subject researchers to an administrative hearing concerning the psychedelic scheduling proposal, the filing says.

“The hearing and scheduling poses a significant threat to the company,” it says. “PPS conducts research and development on medical technologies which include the use of DOI or DOC for development and as products themselves. Currently, DOI and DOC are not controlled.”

“Under the Controlled Substances Act (CSA) and its implementing regulations, PPS will be required to turn over to law enforcement or destroy our stock of DOI and DOC which means the rule-making acts as an effective taking of property,” the document says.

“As a result, when PPS received the hearing notice from DEA, it was faced with a stark choice: either default and lose automatically or defend itself against the DEA’s attempts to schedule DOI and DOC and its use of an ALJ-overseen adjudication,” it continues. “PPS is thus compelled to participate in the DEA’s adjudicatory proceedings.”

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Fentanyl Fear Factor: White House Leverages Drug Scare to Push for Controversial Surveillance Powers

In a recent public appeal, the Biden administration has urged the reauthorization Section 702 of the Foreign Intelligence Surveillance Act (FISA) before it expires on April 19. Bill Burns, the CIA Director, issued a statement, alleging the significant role of the FISA powers in fighting threats against national security, especially the illicit trafficking of fentanyl into the United States.

Burns highlighted the gravity of the fentanyl threat, saying, “The threat to the US posed by fentanyl and other synthetic opioids is real. Section 702 is an essential tool in CIA’s mission to protect the American people from a range of threats, including illicit fentanyl trafficking. Without this vital program, CIA simply would not be able to defend our country as effectively in as many dangerous corners of the world.”

Echoing the CIA Director’s stance, the White House has also underlined the importance of the reauthorization bill in ensuring national security. National Security Communications Advisor John Kirby further stressed the significance of bipartisan support for this endeavor. He stated, “Obviously we strongly support the bipartisan effort to get 702 reauthorized. It is vital to our ability to defend ourselves, defend … the American people, and we very much want to see it move forward — get extended and move forward.”

It’s worth noting that Section 702 of FISA authorizes US government officials to collect electronic communications without needing a warrant. This provision has been a point of contention, with privacy advocates arguing that it infringes on personal freedom.

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After Virginia GOP Governor’s Marijuana Veto, Democratic Senators Say Legal Sales Likely Won’t Happen Until 2027 Or Later

Democratic senators in support of legal marijuana sales in Virginia said at a recent event that in light of Gov. Glenn Youngkin’s (R) veto of a retail cannabis bill last month, it will likely be 2027 or later before adult-use shops can legally open their doors.

“I’m very direct, and sometimes folks don’t like to hear the harsh truth, but it’s the harsh truth,” said Sen. Aaron Rouse (D), who sponsored the retail sales bill in the Senate. “There’s a really big mountain to climb with this governor and his administration. I think he will veto setting up an adult cannabis market regardless of what we send him.”

“By 2027, there will be a new governor in Virginia,” added Sen. Adam Ebbin (D), who sponsored marijuana sales legislation this session and in years past. “It’s possible that after the 2025 gubernatorial election, that someone will take office in January of 2026 who would sign an adult-use marketplace bill.”

“That means that, whether it was in 2027 or thereabouts,” Ebbin continued, “we could expect to see more a regulated market for non-medical use or adult use in Virginia.”

Use, possession and limited cultivation of cannabis by adults is already legal in the commonwealth, the result of a Democrat-led proposal sponsored by Ebbin that was 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.

This year, with Democrats in control of both legislative chambers, lawmakers passed a new legal sales bill, sending it to Youngkin for his consideration in late February. A month later, the governor vetoed the bill, writing in a veto message that “the proposed legalization of retail marijuana in the Commonwealth endangers Virginians’ health and safety.”

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Prescription Drugs Are the Leading Cause of Death

Overtreatment with drugs kills many people, and the death rate is increasing. It is therefore strange that we have allowed this long-lasting drug pandemic to continue, and even more so because most of the drug deaths are easily preventable. 

In 2013, I estimated that our prescription drugs are the third leading cause of death after heart disease and cancer,1 and in 2015, that psychiatric drugs alone are also the third leading cause of death.2 However, in the US, it is commonly stated that our drugs are “only” the fourth leading cause of death.3,4 This estimate was derived from a 1998 meta-analysis of 39 US studies where monitors recorded all adverse drug reactions that occurred while the patients were in hospital, or which were the reason for hospital admission.5

This methodology clearly underestimates drug deaths. Most people who are killed by their drugs die outside hospitals, and the time people spent in hospitals was only 11 days on average in the meta-analysis.5 Moreover, the meta-analysis only included patients who died from drugs that were properly prescribed, not those who died as a result of errors in drug administration, noncompliance, overdose, or drug abuse, and not deaths where the adverse drug reaction was only possible.5 

Many people die because of errors, e.g. simultaneous use of contraindicated drugs, and many possible drug deaths are real. Moreover, most of the included studies are very old, the median publication year being 1973, and drug deaths have increased dramatically over the last 50 years. As an example, 37,309 drug deaths were reported to the FDA in 2006 and 123,927 ten years later, which is 3.3 times as many.6 

In hospital records and coroners’ reports, deaths linked to prescription drugs are often considered to be from natural or unknown causes. This misconception is particularly common for deaths caused by psychiatric drugs.2,7 Even when young patients with schizophrenia suddenly drop dead, it is called a natural death. But it is not natural to die young and it is well known that neuroleptics can cause lethal heart arrhythmias. 

Many people die from the drugs they take without raising any suspicion that it could be an adverse drug effect. Depression drugs kill many people, mainly among the elderly, because they can cause orthostatic hypotension, sedation, confusion, and dizziness. The drugs double the risk of falls and hip fractures in a dose-dependent manner,8,9 and within one year after a hip fracture, about one-fifth of the patients will have died. As elderly people often fall anyway, it is not possible to know if such deaths are drug deaths.

Another example of unrecognised drug deaths is provided by non-steroidal anti-inflammatory drugs (NSAIDs). They have killed hundreds of thousands of people,1 mainly through heart attacks and bleeding stomach ulcers, but these deaths are unlikely to be coded as adverse drug reactions, as such deaths also occur in patients who do not take the drugs. 

The 1998 US meta-analysis estimated that 106,000 patients die every year in hospital because of adverse drug effects (a 0.32% death rate).5 A carefully done Norwegian study examined 732 deaths that occurred in a two-year period ending in 1995 at a department of internal medicine, and it found that there were 9.5 drug deaths per 1,000 patients (a 1% death rate).10 This is a much more reliable estimate, as drug deaths have increased markedly. If we apply this estimate to the US, we get 315,000 annual drug deaths in hospitals. A review of four newer studies, from 2008 to 2011, estimated that there were over 400,000 drug deaths in US hospitals.11

Drug usage is now so common that newborns in 2019 could be expected to take prescription drugs for roughly half their lives in the US.12 Moreover, polypharmacy has been increasing.12 

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Congressional Lawmakers To Vote On GOP-Led Psychedelics Bill For Veterans This Week Despite VA Opposition

A congressional committee is set to vote this week on a GOP-led bill that would instruct the U.S. Department of Veterans Affairs (VA) to notify Congress if any psychedelics are added to its formulary of covered prescription drugs.

About a month after the House Veterans’ Affairs Health Subcommittee held an initial hearing on the legislation from Rep. Derrick Van Orden (R-WI), members will mark up the bill on Tuesday.

The panel had also discussed a measure from the subcommittee chair Rep. Mariannette Miller-Meeks (R-IA) during last month’s hearing, but that proposal isn’t on the Tuesday markup agenda—even though VA voiced support for it on the condition that certain amendments were made.

VA came out against the psychedelics bill that is getting a vote, arguing that it’s “unnecessary.”

The bill states that VA must report to Congress on the addition of any psychedelic medicines to its formulary within 180 days of their federal approval by Food and Drug Administration (FDA).

The report would need to include “the determination of the Secretary whether to include such drug in the formulary of the Department,” as well as “the justification of the Secretary for such determination,” the bill text says.

Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. The agency has also designated psilocybin, and more recently an LSD-like compound, as “breakthrough therapies.”

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Kansas Lawmakers Consider Proposal To Jail Farmers Who Grow Hemp With Too Much THC

State law enforcement, local prosecutors and a lobbyist convinced legalization of medical marijuana posed the greatest threat to quality of life in Kansas tried to quietly squeeze into a bill lowering fees on industrial hemp producers an amendment that could send wayward farmers to prison for years.

The threshold between freedom and incarceration under the amendment advocated by the executive director of Stand Up for Kansas, the Kansas Bureau of Investigation and the Kansas County and District Attorneys Association would be a laboratory test measuring whether a hemp product had a THC content greater than 1 percent. The U.S. Department of Agriculture and the state of Kansas allow harvesting, processing and marketing of hemp with less than 0.3 percent THC.

“I just need help understanding who are we going after? I hope it’s not our industrial hemp producers,” said Sen. Carolyn McGinn, a Sedgwick Republican and farmer. “Is there some place we can look to find out how much this is being abused? I’m trying to understand where all the abuse is at.”

Stand Up for Kansas leader Katie Whisman said she couldn’t document the threat posed by crooked hemp farmers. The former Kansas Bureau of Investigation administrator did say establishment of industrial hemp as a row crop in Kansas created “a lot of confusion for law enforcement” personnel. She said one source of frustration was the challenge of differentiating between legal hemp and illegal marijuana.

“They look the same,” she said. “They smell the same. Is that hemp? Is that marijuana? How do we enforce that?”

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Don’t Forget To Claim Drug Dealing Income on Your Taxes

As just about every American adult knows and is dreading, Monday, April 15, is Tax Day. Each year, taxpayers scrounge together each income statement the government requires and any random receipt that may result in a modest deduction in the amount they’re expected to pay.

The IRS wants taxpayers to know that if you made money from anything illegal last year—stealing, selling illegal drugs, taking bribes—then that’s taxable, too.

Last year, Americans spent 6.5 billion hours doing their taxes, which translates to roughly $260 billion in lost productivity. That’s in addition to the $104 billion they spent in direct costs on the actual tax filing and preparation.

Much of that complexity stems from the amount of deductions and carve-outs the tax law allows, as well as the types of revenue required to be treated as taxable income.

IRS Publication 17 “covers the general rules for filing a federal income tax return.” In its most current edition, the IRS advises, “Income from illegal activities, such as money from dealing illegal drugs, must be included in your income on Schedule 1 (Form 1040), line 8z, or on Schedule C (Form 1040) if from your self-employment activity.”

In other words, even if you engage in activity that the federal government is completely opposed to, like selling heroin on the corner, Uncle Sam still expects you to kick up a percentage.

The IRS advisory also includes a section about “stolen property,” which similarly cautions, “If you steal property, you must report its fair market value in your income in the year you steal it unless you return it to its rightful owner in the same year.”

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Texas puts Delta-8 THC products in state lawmakers’ crosshairs

The salad days of gas station weed in Texas may be coming to an end.

Lt. Gov. Dan Patrick is including a ban on Delta-8 and Delta-9 products in his list of goals for the 2025 Texas legislative session, putting the future of the popular and controversial hemp products in jeopardy.

In his 2024 Interim Legislative Charges prospectus, Patrick outlined his desire for lawmakers to “examine the sale of intoxicating hemp products in Texas.” The document also calls for legislators to “make recommendations to further regulate the sale of these products, and suggest legislation to stop retailers who market these products to children.”

Both Delta-8 and Delta-9 are THC molecules capable of producing an intoxicating effect, but Delta-8 occurs naturally in marijuana in much smaller quantities. Delta-8 first hit Texas shelves after a loophole in the 2018 Farm Bill legalized hemp but did not specify what form of THC would be regulated. Since then, Delta-9 products have also emerged in low-THC edible forms.

Six years later and two years after Texas began allowing hemp plants in Texan soil, over 7,000 businesses in Texas operate retail hemp licenses, and hundreds more possess the license to manufacture and market their own hemp products. Meanwhile, traditional marijuana is still only legal medically, and its use is heavily regulated. The so-called grey markets have drawn ire from lawmakers concerned that the products, which are not regulated by the FDA, are too easily accessible to minors.

The Texas Department of State Health Services first moved to ban Delta-8 in 2021, but an injunction has halted the prohibition, leaving Delta-8 on the market for now.The Lieutenant Governor’s language in legislative charges does not appear to leave room for a possible middle ground between an unregulated cannabinoid free-for-all and outright ban. 

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Georgia Cops Are Still Hassling Vape Stores Over Legal Products

In 2022, Reason reported that local police departments in Georgia were hassling vape and smoke shops for the legal products they sold. Two years later, those products remain every bit as legal as before, but cops are still making life difficult for vendors.

On March 13, officers with the Newnan Police Department Drug and Vice Unit raided Newnan Tobacco & Vapor. According to The Newnan Times-Herald, officers said the raid came after “compliance checks with local stores that sell Delta 8, 9 or THC products.”

Delta-9 tetrahydrocannabinol (THC) is the psychoactive ingredient in cannabis, which creates the “high” from using marijuana. Ever since the 2018 Farm Bill removed hemp from the list of controlled substances, federal law limits the amount of delta-9 in any substance to 0.3 percent.

But around the same time the Farm Bill became law, scientists discovered delta-8 THC, which produces a similar “high” as delta-9 but can be synthesized out of CBD derived from hemp. (A similar process produces a similar compound, delta-10 THC.) Since the Farm Bill specifically legalized the sale and production of hemp, it was assumed that any hemp byproducts were legitimate, as well—and in 2022, the U.S. Court of Appeals for the 9th Circuit agreed.

Georgia passed a similar law in 2019, which legalized hemp in the state, as well as “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.”

And yet police departments hassle smoke shops over their perfectly legal products.

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Ohio Recreational Marijuana Sales Could Launch In June Under Regulators’ Expedited Plan, Lawmaker Says

Ohio marijuana sales could launch as soon as June under a regulatory plan that a legislative rulemaking committee is set to approve as lawmakers’ plans to revise the voter-approved legalization law continue to stall out.

Regulators have until September to start issuing cannabis business licenses under the ballot initiative that was approved last November, but the Division of Cannabis Control (DCC) has devised a plan to start granting dual licenses to existing medical marijuana operators to begin serving adult consumers early this summer.

Rep. Jamie Callender (R), a proponent of cannabis reform in the legislature, told News 5 Cleveland that members of the Joint Committee On Agency Rule Review (JCARR), which he chairs, are positioned to accept the proposed regulations at a meeting on May 13.

“We could have retailers—recreational licensed retailers—in Ohio by mid-June,” he said. “We should begin to see legal recreational sales of marijuana in Ohio certainly before July 4th weekend.”

“The distribution of retail sites—they are already in existence for medical—will be able to get a dual license,” he said. “The application will be available, absent a problem in JCARR, which I don’t anticipate, prior to June 7.”

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