Tag: the war on (some) drugs

A Fetus Doesn’t Need Its Own Medical Marijuana License, Oklahoma Court Says

Oklahoma resident Amanda Aguilar was arrested after using marijuana while pregnant. Though Aguilar had a medical marijuana prescription, prosecutors reasoned that her fetus did not. They charged the mother of five with child neglect, a felony.

Now, the state’s highest criminal court says prosecutors had no basis to do that.

The ruling should be good news for women who use marijuana to help with morning sickness and other pregnancy ailments. But the opinions in this case make clear that some Oklahoma judges would like to see pregnant marijuana users criminalized.

“The baby has no medical marijuana license,” wrote Judge Gary L. Lumpkin in a dissenting opinion.

Even Judge Scott Rowland, who wrote the majority’s opinion, stressed that the court does not “condone marijuana use by an expectant mother” and urged Oklahoma lawmakers “to consider an addition to the law making clear when, if ever, the licensed use of marijuana may constitute child neglect.”

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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.

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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.

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GOP Congressman Says Marijuana Rescheduling And Banking Reform Would ‘Prop Up’ An ‘Immoral Industry’

A GOP congressman who represents California is condemning the Biden administration’s push to reschedule marijuana, as well as legislative efforts to enact bipartisan cannabis banking reform, because he says the policy changes would “prop up this immoral industry” and give a “green light to the evil that comes from drug use.”

In a brief speech on the House floor on Monday, Rep. Doug LaMalfa (R-CA) took aim at the two incremental cannabis reform proposals, while also claiming that marijuana use is linked to increased dependency on welfare benefits.

The Justice Department’s proposed rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) represents a step “towards legalizing marijuana by attempting to reclassify it as a lower category drug,” the congressman said, adding that he considers the administrative rulemaking process means of “going around Congress.”

“If enacted, this would increase the use of an already dangerous substance,” LaMalfa argued. While rescheduling would allow licensed cannabis businesses to take federal tax deductions they’re barred from under the Internal Revenue Service (IRS) code known as 280E and also remove certain research barriers, it would not legalize the plant, so it’s unclear what he means by suggesting it would increase usage rates.

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Ohio GOP Lawmakers File Bills To Restrict And Regulate Intoxicating Hemp Products, Including Delta-8 THC

As Ohioans wait to legally purchase recreational-use marijuana, Republican lawmakers in both chambers of the General Assembly are trying to regulate adult-use hemp products.

State Rep. Sara Carruthers (R-Hamilton) introduced House Bill 642 on Thursday which would require the Ohio Director of Agriculture to issue recommendations for adult-use hemp products.

If the bill were to pass, the Director of Agriculture (who is currently Brian Baldridge) would conduct and issue a report to the General Assembly about the “sale and use of hemp products that could be used for intoxicating purposes.” The report would be in consultation with the Ohio Department of Public Safety.

The report could include:

  • A definition of adult-use hemp products that could include restrictions on the amount of THC allowed in adult-use hemp products based on serving size.
  • Where adult-use hemp products may be sold and how those products are stored.
  • Minimum age requirements to purchase adult-use hemp.
  • Penalties for selling adult-use hemp products to someone who is underage.
  • Testing standards and requirements for adult-use hemp products.
  • Advertising restrictions and labeling requirements for adult-use hemp products.
  • How to enforce these recommendations, which could be giving inspection authority to the Ohio Investigative Unit in the Department of Public Safety.

If the recommendations are adopted, they would be in effect for one year.

Ohio Gov. Mike DeWine (R) called on lawmakers earlier this year to ban or regulate delta-8, which he called “intoxicating hemp.”

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The DEA Wants To Ban Scientifically ‘Crucial’ Psychedelics Because People Might Use Them

You probably have never heard of 2,5-dimethoxy-4-iodoamphetamine (DOI), let alone heard that it is commonly abused. Yet the Drug Enforcement Administration (DEA) wants to ban the synthetic psychedelic, a promising research chemical that has figured in more than 900 published studies, by placing it in Schedule I of the Controlled Substances Act, a category supposedly reserved for drugs with a high abuse potential and no recognized medical applications—drugs so dangerous that they cannot be used safely, even under a doctor’s supervision. Students for Sensible Drug Policy (SSDP), which defeated a previous DEA attempt to ban DOI in 2022, is determined to stop that move again.

On Tuesday, acting on behalf of more than 20 scientists, SSDP filed a prehearing statement objecting to DOI’s placement in Schedule I. That step, SSDP notes, would impose “onerous financial and bureaucratic obstacles on researchers,” since “obtaining a Schedule I license involves a daunting array of red tape and substantial costs, which can be prohibitive for many research institutions, particularly smaller labs and academic departments.” SSDP also opposes the scheduling of another psychedelic, 2,5-dimethoxy-4-chloroamphetamine (DOC), that is covered by the same proposed rule, which the DEA published on December 13.

“DOI and DOC are important research chemicals with basically no evidence of abuse,” says SSDP attorney Brett Phelps. “We are excited to fight on behalf of SSDP scientists so that they can continue the critical work they are doing with these substances.”

Phelps is working with Denver attorney Robert Rush, who represents University of California, Berkeley, neuroscientist Raul Ramos. “The DEA’s attempt to classify DOI, a compound of great significance to both psychedelic and fundamental serotonin research, as a Schedule I substance exemplifies an administrative agency overstepping its bounds,” Rush says. “The government admits DOI is not being diverted for use outside of scientific research yet insists on placing this substance in such a restricted class that it will disrupt virtually all current research.”

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Lesser-Known Marijuana Components Can Be ‘Promising Anticancer Agents,’ Study On Multiple Myeloma Finds

A new study on the possible therapeutic value of lesser-known compounds in cannabis says that a number of minor cannabinoids may have anticancer effects on blood cancer that warrant further study.

The research, published in the journal BioFactors, looked at minor cannabinoids and multiple myeloma (MM), testing responses in cell models to the cannabinoids CBG, CBC, CBN and CBDV as well as studying CBN in a mouse model.

“Together, our results suggest that CBG, CBC, CBN, and CBDV can be promising anticancer agents for MM,” authors wrote, “due to their cytotoxic effect on MM cell lines and, for CBN, in in vivo xenograft mouse model of MM.”

They also noted the cannabinoids’ apparently “beneficial effect on the bone in terms of reduction of MM cells invasion toward the bone and bone resorption (mainly CBG and CBN).”

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Marijuana Rescheduling Would Create Over 50,000 New Jobs, Industry Group Tells DEA On Last Day Of Public Comment Period

If the Drug Enforcement Administration (DEA) ultimately decides not to move forward with marijuana rescheduling, many small and minority-owned cannabis business will have to close shop, “resulting in major economic losses and unemployment,” according to a new industry report. But enacting the reform, in contrast, would grow the sector, adding more than 50,000 jobs by 2030.

The Minority Cannabis Business Association (MCBA) included the data from the report that was conducted by Whitney Economics in a public comment submitted to DEA ahead of Monday’s deadline for stakeholders to weigh in on cannabis rescheduling, offering a detailed economic analysis as the agency had specifically requested in its call for expert input.

The MCBA survey of 206 marijuana licensees across 32 states revealed some troubling trends in the cannabis industry, with just 27 percent of respondents reporting that their operations are profitable, compared to 41 percent that are breaking even and 36 percent that are losing money.

More than 80 percent of the businesses cited finances and tax issues as major economic problems. And MCBA said those issues could be largely resolved in DEA does move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) as the Justice Department has proposed because it would mean that the sector could finally take federal tax deductions they’re currently barred from under an Internal Revenue Service (IRS) code known as 280E.

The “economic data indicates this Proposed Rule would positively impact all 42,125 state-issued marijuana licenses, and in particular small and minority-owned businesses,” it says. “The excess tax payments imposed as a result of IRC § 280E currently prevent marijuana businesses from deducting ordinary business expenses, resulting in higher taxable income and federal tax expense.”

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GOP Congressman Says ‘I Don’t Care’ If Rolling Back Marijuana Rescheduling Would Hurt Republican Party

A GOP congressman says “I don’t care” whether rolling back the Biden administration’s marijuana rescheduling move under a potential Trump presidency would hurt the Republican party, because he feels more strongly that the modest reform would endanger public health.

At the Republican National Committee conference last week, longtime prohibitionist Rep. Andy Harris (R-MD) was asked about the potential political ramifications of a rescheduling reversal under a second Trump administration and GOP-controlled Congress.

He put it bluntly: “I don’t care whether it’s good for the party or not. I don’t care. It’s not good for your health.”

“My opinion is always the same: It’s not healthy for you. It’s bad. I think it’s bad policy,” Harris told Marijuana Moment.

The congressman is well known for his opposition to cannabis reform. In addition to championing a long-standing appropriations rider that’s blocked Washington, D.C. from legalizing marijuana sales for a decade, he’s also pushed the head of the Drug Enforcement Administration (DEA) to reject the Justice Department proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), for example.

But while Harris suggested that the rescheduling move would increase access to a substance he views as dangerous, a Schedule III reclassification would not federally legalize marijuana. The main effects of the policy change would be removing research barriers linked to Schedule I drugs and allowing state-licensed cannabis businesses to take federal tax deductions available to other industries.

The congressman said in the new interview with Marijuana Moment that he has “no idea” how former President Donald Trump, who was officially named the party’s presidential nominee for the third time at the GOP convention, will approach marijuana policy issues. “You’ve got to ask Mr. Trump,” he said.

Pressed on the fact that red and blue states alike have increasingly moved to enact legalization, Harris claimed that he’s “in the company” of experts such as National Institute on Drug Abuse (NIDA) Director Nora Volkow in opposing the policy.

“If we’re outliers, well, you know, sometimes outliers are right,” he said.

Harris has previously suggested that the NIDA director “adamantly opposed” the rescheduling proposal—despite the fact that her agency officially concurred with the recommended policy change, as well as the Volkow’s repeated public comments criticizing research barriers imposed by cannabis’s current Schedule I status.

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