Tag: the war on (some) drugs

Justice Department Issues More Marijuana Pardon Certificates A Month After Biden’s Expanded Clemency Move

The Justice Department has already started issuing pardon certificates for certain marijuana offenses covered under an expanded proclamation that President Joe Biden issued last month.

Chris Goldstein, a cannabis activist who was arrested over possession of marijuana on federal land while protesting for reform in 2014, shared the certification he received from DOJ’s Office of the Pardon Attorney on Tuesday.

Goldstein was among those whose cannabis cases were omitted from Biden’s original mass pardon in October 2022, which only covered statutes related to the general offense of simple cannabis possession under federal or Washington, D.C. law. The president’s newly expanded pardon proclamation issued last month specifically added possession on federal property as an offense eligible for relief.

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Chuck Schumer Attacks Lifesaving Zyn Nicotine Pouches

Less than three months after launching an attack on energy drinks, Senate Majority Leader Chuck Schumer (D–N.Y.) has a new target: Zyn nicotine pouches.

In a press release Sunday, Schumer labeled Zyn a “quiet and dangerous” alternative to vaping, claiming that with the decline in smoking, tobacco companies are adapting by focusing on new products like oral nicotine. Zyns are small pouches of nicotine meant to be placed between the lips and gums. Two strengths of the product are available at three and six milligrams of nicotine, and they come in several flavors.

Schumer’s ire appears to have been raised by the rapid growth in sales of nicotine pouches and so-called “Zynfluecers” on TikTok promoting the product. Schumer fears nicotine pouches could become a teen trend, as vaping did in 2019 before rapidly declining as the tobacco age was raised to 21 and schools became more aware of the problem. To head off a potential increase in youth nicotine addiction, Schumer wants the Federal Trade Commission and the Food and Drug Administration to investigate the marketing of Zyn and potentially restrict their flavors.

But Schumer’s framing has the story backward. Zyn is not a dangerous alternative to vaping but a dramatically safer alternative to smoking. One of the reasons smoking has declined substantially over the last decade is because safer nicotine alternatives like vapes and Zyn are switching smokers away from cigarettes. The closest equivalent for which we have decades of data is an oral smokeless tobacco called snus. Snus is most prevalent in Sweden, and not coincidentally, Sweden has the lowest smoking and lung cancer rates in Europe because those interested in using nicotine do so in a much safer form.

Schumer is right that nicotine pouches are enjoying enormous sales, but he would be wrong to assume nicotine-naive youth are driving these sales. According to the National Youth Tobacco Survey, only 1.5 percent of middle and high schoolers use nicotine pouches, and just 2.3 percent have ever tried a nicotine pouch. Even among the minority of young people who use products like Zyn, most are not nicotine newbies. A study of adolescents and adults aged 15-24 who used nicotine pouches found the vast majority were smokers or had smoked cigarettes in the past at 73 percent and 81 percent, respectively. Just like with e-cigarettes, nicotine pouches disproportionately appeal to people who are already using nicotine most often in its most dangerous form, which is cigarettes.

Schumer’s concern that Zyn comes in several flavors like cinnamon and citrus is also misguided. For one, Zyn has already applied to the FDA to be authorized for sale, and the agency will determine whether it presents a net benefit to public health. But suppose flavors in nicotine products are inherently youth-appealing, as Schumer suggests. In that case, he should be just as outraged that nicotine gums, which have been around for decades, are sold in flavors like “cinnamon surge,” “fruit chill,” and “spearmint burst.” Nicotine flavor bans have a poor track record in improving public health, with bans on flavored vapes associated with an increase in cigarette sales.

Schumer’s intervention drew mockery on X (formerly known as Twitter), including from Republican lawmakers and conservative commentators defending Zyn. The reaction is perhaps unsurprising, given that Tucker Carlson is the most famous Zyn consumer.

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Florida Senate Committee Unanimously Passes Bill To Restrict Hemp-Derived Products With New THC Limits

Ashley Guy runs a smoke shop in Tallahassee. She says she’s thrived since she moved from Seattle to Florida five years ago, with profits of more than $5 million from the sales of cannabis hemp products. But if a new proposal in the Florida Legislature passes, “this would just decimate business” she said on Tuesday.

She added that if the caps on THC—the compound in the plant associated with getting you high—on hemp products were imposed, customers would simply buy multiple packages of “gummies,” or would buy higher-dose products online from other states.

Guy and other hemp entrepreneurs are back in the legislature in 2024, fighting again to ensure they can continue to make a living in the hemp industry. But on Tuesday, lawmakers in a committee decided to impose restrictions on hemp products and substantially regulate the hemp market in Florida.

That was met with strong opposition by members of the industry, but nonetheless, the legislation (SB 1698) passed unanimously in the Senate Agriculture Committee. (Keep in mind that lawmakers in the House and Senate need to agree to be able to pass the legislation.)

The measure is being sponsored by Polk County Republican Colleen Burton.

It would make a number of changes to the hemp industry in the state, which has operated legally since 2019, shortly after the passage of the 2018 U.S. Farm Bill. That bill made hemp production and distribution legal under federal law and allowed states to create such programs. The Farm Bill defined hemp as the cannabis plant with one key difference: hemp cannot contain more than 0.3 percent of THC.

The most lucrative part of the hemp industry has involved the production of biomass that contains cannabidiol (CBD), a non-psychoactive compound believed to treat health conditions like anxiety, stress, anxiety and inflammation.

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Oregon lawmakers now want to recriminalize possession of small amounts of drugs after facing rampant public drug use

Lawmakers in Oregon are moving to recriminalize the possession of small amounts of drugs after it faced rampant public drug use and saw overdose-related deaths more than triple.

‘It’s the compromise path, but also the best policy that we can come up with to make sure that we are continuing to keep communities safe and save lives,’ State Senator Kate Lieber, a Democrat and one of the bill’s authors, said. 

The state became the first in the country to decriminalize the possession of all drugs including heroin and cocaine in 2020.

But residents have since demanded for politicians to take action on the open-air drug markets that surfaced and fueled a homelessness crisis. Oregon has struggled to deal with the crisis as photos and video show tent cities and rampant public drug use. 

Opioid deaths in Oregon more than tripled from 280, before the de-criminalization of drugs was voted in, to 955 in 2022.

The sweeping new bill will recriminalize the possession of small amounts of drugs as a low-level misdemeanor.

The proposal would enable police to confiscate them and crack down on their use on sidewalks and in parks, its authors said.

The measure’s details have yet to be finalized, but ‘personal use’ possession of illegal drugs would become a misdemeanor punishable by up to 30 days in jail or a $1,250 fine. It would not affect Oregon’s legalization of cannabis or psychedelic mushrooms.

That is in stark contrast to how voters felt in 2020 when they passed the pioneering decriminalization law, Measure 110, with 58 percent support.

Democratic legislators who championed the measure as a way to treat addiction as a public health matter, not a crime, are now battling one of the nation’s largest spikes in overdose deaths, intensifying pressure from Republicans and growing calls from a well-funded campaign group to overhaul it.

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Hemp Industry Pushes Congress To Hold FDA Accountable With Hearing On CBD Regulation Inaction

A coalition of hemp industry organizations are calling on a House committee to hold a hearing addressing the ongoing lack of Food and Drug Administration (FDA) regulations for products made with constituents of the crop such as CBD.

In a letter addressed to House Energy and Commerce Committee leaders, 28 state and national  nonprofits focused on hemp and dietary supplements said that “the time for a hearing has never been riper” to examine regulatory pathways that FDA could enact to allow for the lawful marketing of hemp products for humans and animals.

“In the more than five years since the legalization of hemp through the 2018 Farm Bill, in spite of a designated annual appropriation, the FDA has taken no meaningful steps toward the regulation of hemp—whether it be animal feed or extracts for human consumption like CBD,” the groups said.

FDA said last year that, after an extensive review, it determined that it lacked necessary authority to establish regulations for the hemp and CBD market, stating that it will require additional congressional support.

“Meanwhile, thousands of unregulated products continue to be sold, causing great consumer confusion and advantaging bad actors via-a-vis good faith manufacturers who want to play by the rules and offer healthy products,” the letter says.

The House Energy and Commerce and Senate Health, Education, Labor and Pensions (HELP) Committee responded to FDA’s inaction last summer by putting out a Request for Information (RIF) from experts on the best path forward for regulating hemp, with hundreds of respondents sharing their perspective and recommendations.

“By now, your staff has had months to review and consider these recommendations,” the organizations said in the new letter, adding that “Energy & Commerce must weigh in for there to be meaningful action.”

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Wisconsin GOP Medical Marijuana Plan Raises Concerns About Cost, Patient Accessibility And Federal Conflict, Advocates Say

Wisconsin Assembly Republicans’ limited medical marijuana legalization proposal poses several concerns related to cost, accessibility and potential conflicts with the federal government that lawmakers should consider, policy experts told the Wisconsin Examiner.

The proposal by Assembly Republicans would create the Office of Medical Cannabis Regulation in the Department of Health Services. The office would maintain a registry of patients and caregivers who could purchase medical cannabis products from one of five state-run dispensaries. Access would be limited to patients with certain medical conditions, and available products would include oils, edibles and pills but exclude anything smokeable.

The bill has been received critically by Senate Republicans, who have brought up concerns about the state-run dispensaries and expansion of government that would result. Nevertheless, Assembly Speaker Robin Vos (R-Rochester) has said that the Assembly will move forward with the bill.

“I don’t really want to amend or to change a bill based on what somebody thinks…could happen,” Vos said last week during a press conference. “I’ve tried that before, usually unsuccessfully, which is why I want to get a bill through the Assembly where we can get the votes to be able to show that we support the concept and then let the Senate act as it will.”

Vos said the Assembly will likely vote on the bill in February.

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NY unveils first rules for growing marijuana at home: How you can cultivate cannabis

This will take home gardens to new highs.

New York State cannabis regulators on Tuesday unveiled the first rules for budding growers to legally plant pot at home.

Stoners with a green thumb — and over the age of 21 — will be able to cultivate a maximum of six mature marijuana plants and posses up to five pounds of flower or concentrate from those buds per household.

The state Cannabis Control Board was scheduled to discuss the rules Wednesday but postponed the vote for a later date.

Following their approval, there would be a 60 day public comment period before the rules can go into effect.

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Pennsylvania District Attorney Sues Federal Government Over Gun Ban For Medical Marijuana Patients

A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.

Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.

This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.

The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.

Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.

The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.

Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.

“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”

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State Agriculture Departments Across U.S. Push Congress To Triple The THC Limit For Hemp As 2024 Priority

The National Association of State Departments of Agriculture (NASDA) is calling on Congress to increase the THC limit for legal hemp as one of their 2024 policy priorities.

As lawmakers resume work on the next iteration of the Farm Bill, the group representing state agriculture officials in 50 states and four U.S. territories is aligning itself with hemp industry stakeholders, urging Congress to more than triple the THC threshold for hemp from the current limit of 0.3 percent THC by dry weight to 1 percent.

“Increasing the THC concentration to one percent would enable farmers to plant more seed varieties,” NASDA said in a one-pager describing its 2024 Farm Bill asks. “This action also retains limits on THC concentration while giving farmers greater assurance their crop will be viable.”

It’s one of five key policy areas for the legislation that the association says it will be focusing on this year. NASDA CEO Ted McKinney said in a press release on Monday that members “see urgent need for action in these areas to support farmers and ranchers in their ability to grow our nation’s food, fiber and fuel.”

“Further, we believe these are the areas where state departments of agriculture are uniquely positioned to champion policy solutions this year,” he said.

The 0.3 percent THC limit for hemp that was imposed under the 2018 Farm Bill that federally legalized the crop has long been subject to criticism from stakeholders and lawmakers across the aisle. And one Justice Department researcher recently called into question the rationale for the restriction, suggesting it was arbitrarily decided based on a 1950s-era article that was adopted into federal statute.

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Praying to a HIGH-er power! Inside the boom in psychedelic churches where former Republican senators, bankers and Mormons organize shroom and Ayahuasca ceremonies for thousands of Americans to connect with God

SWAT teams and helicopters descended on a ranch in Joshua Tree, California, following reports of a bloodcurdling scream.

When they arrived, the lights were out, smoke was coming out of the door, and a row of bodies lay strewn across the cabin floor, seemingly lifeless.

Agents thought it was the scene of a mass homicide.

To their great relief, it was merely one of America’s rapidly proliferating psychedelic churches, caught in the midst of a particularly intense Ayahuasca ceremony.

‘The officers just looked at us like we were a bunch of hippies stuffing crystals up our asses,’ says Colette Close, co-founder of the church, Hummingbird, who regales the story. 

‘They came in, did a wellness check and took off…Most cops have better things to do.’

Hummingbird is part of a global boom in people turning to hallucinogenic drugs in search of spiritual enlightenment, including NFL star Aaron Rodgers, actor Will Smith and Prince Harry.

Taking these substances – even for therapeutic purposes – remains illegal in most of the US, despite clamor for decriminalization.

But tens of thousands of Americans now say it is a sacrament that brings them closer to God – and that this religious freedom is protected in law.

It is thought anywhere between 200 to 2,000 psychedelic churches now exist across the US, from states with liberal drug laws such as California and Oregon, to resolutely conservative ones including Utah and Alabama.

Most are informal, underground networks, but some have public profiles and charge membership fees in exchange for drugs.

The majority are nomadic, hiring out retreats or Airbnbs in remote areas to avoid scrutiny, but some occupy permanent buildings in the mode of traditional churches.

Psychedelic preachers include a queer ‘Mushroom Pope’ in San Francisco and a former Mormon and Republican senator in Utah, while worshippers range from QAnon conspiracists to west coast hippies.

Some believe in a God, some do not.

But they all have one thing in common: they pray to a higher power.

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