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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Senators Tell DEA To Fully Legalize Marijuana, Demanding Answers On Rescheduling Process

Twelve senators are calling on the Drug Enforcement Administration (DEA) to fully legalize cannabis and answer questions about the agency’s ongoing scheduling review.

In a letter sent to Attorney General Merrick Garland and DEA Administrator Anne Milgram on Monday, the lawmakers—led by Sens. Elizabeth Warren (D-MA) and John Fetterman (D-PA), along with Senate Majority Leader Chuck Schumer (D-NY) and other champions of marijuana reform—denounced the “devastating impact” and “out of step” policy of prohibition, arguing that cannabis should be fully removed from the Controlled Substances Act (CSA).

Doing so would present a “rare opportunity to shape the new cannabis industry from the ground up, designing a federal regulatory system untainted by the corporate capture that has influenced alcohol and tobacco regulations, and advancing federal cannabis reforms that acknowledge and repair the harms of cannabis criminalization.”

The U.S. Department of Health and Human Services (HHS) has recommended that DEA move marijuana from Schedule I to Schedule III of the CSA following a scientific review that concluded cannabis does have therapeutic applications and is less harmful than other controlled substances on lower schedules. DEA makes the final decision, however, and is not bound by the HHS recommendation.

“While rescheduling to Schedule III would mark a significant step forward, it would not resolve the worst harms of the current system,” the senators’ letter, which was first reported by NBC News, says. “Thus, the DEA should deschedule marijuana altogether.”

The lawmakers acknowledged that incremental rescheduling “would have some important policy benefits,” however, such as eliminating barriers to research and federal employment for medical cannabis patients, as well as allowing state-licensed marijuana businesses to take federal tax deductions that they’re currently barred from utilizing under the Internal Revenue Service (IRS) code known as 280E.

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Legalizing medical marijuana is popular in Kansas, so why hasn’t it happened yet?

Kansas is one of only a few states with no legal medical or recreational marijuana. Some people are optimistic about a medical cannabis deal this year.

Activists at the Statehouse are renewing a push for state lawmakers to legalize medical marijuana in Kansas. While Democratic Gov. Laura Kelly and many state legislators from both parties support the concept, lawmakers have yet to take up the issue this session.

The American Civil Liberties Union held an online day of action for marijuana legalization earlier this month. During the event, activists expressed disappointment that Kansas does not have legal medical marijuana, nearly three years after the state House passed a bill that would have provided for it.

“I’m here in open-mouth amazement that we are still discussing passing a medical marijuana bill,” said Cheryl Kumberg, president of the Kansas Cannabis Coalition. “It just is the same excuses all these years. The same rhetoric from opponents and legislators.”

In 2021, the Kansas House passed a medical marijuana bill with bipartisan support, but it was never taken up by the Senate. That bill would have legalized the prescription of smokeless cannabis products for patients with diseases and disorders including cancer, epilepsy and Parkinson’s disease.

At the time, some Republicans opposed the bill because they wanted more details on dosage and distribution, or because they didn’t want to conflict with the federal government, which continues to prohibit marijuana possession.

Some House lawmakers have said they’re optimistic for a discussion on medical marijuana in the coming weeks, but they’re hoping the Senate will take the lead.

“I think it does have some traction. I know folks are talking about it,” said Republican Rep. Nick Hoheisel, who voted in favor of the 2021 medical marijuana bill. “Everybody’s becoming more aware of it, and how popular medical marijuana is in Kansas currently and how well it polls.”

Republican Senate President Ty Masterson is one of the key lawmakers who has opposed medical marijuana in past sessions, but he recently said he’s open to a discussion.

“I’m actually open to true medical marijuana or to palliative care,” he told KCUR in December. “I am open to that. I am not saying no. I’m just saying we don’t have any real studies on dosing and distribution.”

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Biden Falsely Suggests Marijuana Pardons ‘Expunged’ Records And Released Prisoners While Campaigning On ‘Promises Kept’

President Joe Biden is again inflating the impact of his pardons for marijuana offenses, falsely suggesting that his act of clemency “expunged” records and that people were released from prison.

“A promise made and a promise kept,” he said during a campaign speech in South Carolina on Saturday.

“I keep my promises when I said no one—no one—should be in prison for merely possessing marijuana or using it, and their records should be expunged,” Biden said.

The president has routinely framed the mass cannabis pardon as an example of him fulfilling campaign pledges, but he’s also frequently misstated the practical effects of the action. A presidential pardon represents formal forgiveness from the government, but it does not expunge the record.

Several thousands of people have received the pardon for federal marijuana possession offenses under a pair of proclamations issued in 2022 and last month. The Justice Department has been distributing certificates to eligible people who apply for the largely symbolic document.

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Federal E-Cigarette Ruling Highlights Danger Of Not Preparing For Sensible Cannabis Regulations

A recent Fifth U.S. Circuit Court of Appeals opinion on vaping sheds light on why federal cannabis legalization must be accompanied by a sensible regulatory framework that is administered and enforced by the right agency.

The court’s opinion in Wages and White Lion Investment LLC v. Food and Drug Administration excoriates the U.S. Food and Drug Administration (FDA) for its handling of flavored e-cigarettes and underscores the dangers to the public and industry that result from ideological, rather than logical, regulation.

The threat of not plotting out a viable federal regulatory landscape—we know the feds already have their eye on this space—is worrisome for all cannabis businesses and consumers, and particularly the vape sector, which now makes up nearly 25 percent of the market. And the need to set the cannabis industry on a sensible federal regulatory path has only grown more urgent in light of the recent Department of Health and Human Services (HHS) recommendation to move marijuana to Schedule III, a move that increases the likelihood of new federal oversight.

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When America First Dropped Acid

One evening in September of 1957, viewers across America could turn on their television sets and tune in to a CBS broadcast during which a young woman dropped acid. She sat next to a man in a suit: Sidney Cohen, the researcher who had given her the LSD. The woman wore lipstick and nail polish, and her eyes were shining. “I wish I could talk in Technicolor,” she said. And, at another point, “I can see the molecules. I . . . I’m part of it. Can’t you see it?” “I’m trying,” Cohen replied.

Were some families maybe—oh, I don’t know—eating meat loaf on TV trays as they watched this nice lady undergo her mind-bending, molecule-revealing journey through inner space? Did they switch to “Father Knows Best” or “The Perry Como Show” afterward? One of the feats that the historian Benjamin Breen pulls off in his lively and engrossing new book, “Tripping on Utopia: Margaret Mead, the Cold War, and the Troubled Birth of Psychedelic Science” (Grand Central), is to make a cultural moment like the anonymous woman’s televised trip seem less incongruous, if no less fascinating.

In Breen’s telling, the buttoned-down nineteen-fifties, not the freewheeling nineteen-sixties, brought together the ingredients, some of them toxic, for the first large-scale cultural experiment with consciousness-expanding substances. The psychedelic flowering of the sixties has, it turns out, a prequel—a rich and partly forgotten chapter before the hippie movement, before the shamanistic preening and posturing of Timothy Leary, and before the war on drugs shut all that down. This earlier history encompasses not only the now notorious C.I.A. research into mind-altering drugs but also a lighter, brighter, more public dimension of better living through chemistry, buoyed by postwar scientific optimism and public reverence for expertise. “Timothy Leary and the Baby Boomers did not usher in the first psychedelic era,” Breen writes. “They ended it.”

So the era we’re living in now is not the first in which LSD and other psychedelics were poised to enter the mainstream. In the twenty-twenties, psychedelics sit comfortably within politely au-courant circles of wellness culture, startup capitalism, and clinical research. Some Gen X-ers are as likely to try ayahuasca for a midlife crisis, or sub out their Lexapro for microdoses of LSD, as they might once have been to troop into the woods behind campus the day after finals with a few friends and a freezer bag full of shrivelled mushrooms. A number of recent studies have shown that psychedelics hold promise for treating depression, easing end-of-life anxiety, and helping people cope with grief. The best-selling 2018 book about this new science and its ramifications, “How to Change Your Mind,” by Michael Pollan, has been so influential in piquing hopes for hallucinogens that scientific papers have identified what they call the Pollan Effect. (It describes the high expectations that some subjects bring to psychedelic studies, which can potentially influence how they report their experiences.) In 2019, Denver became the first U.S. city to decriminalize the use of psilocybin, the psychoactive compound in hallucinogenic mushrooms, and in 2020 Oregon became the first state to legalize it for use in therapy. Voters in several other localities, from Santa Cruz to Detroit to Washington, D.C., have since approved similar initiatives. This year, the F.D.A. will consider approving MDMA, the drug many of us know in its street form as Ecstasy (and may still associate with raves), for the treatment of post-traumatic stress disorder. Even big pharmaceutical companies are looking to get in on the action.

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New Hawaii Bill Would Create A Limited Therapeutic Psilocybin Program To Treat Certain Mental Health Conditions

Newly introduced legislation in Hawaii would create explicit legal protections around the therapeutic use of psilocybin, with eligible patients able to possess and consume the psychedelic under a trained facilitator’s care.

The measure is the result of a task force on breakthrough therapies that was formed last year to explore the issue, its sponsor, Sen. Chris Lee (D), told Marijuana Moment.

SB 3019 would not legalize psilocybin itself but would instead create an affirmative defense for qualified patients and their caregivers, effectively exempting them from state laws against psilocybin. A companion bill in the House, HB 2630, is sponsored by Rep. Della Au Belatti (D) and 13 others.

“There’s a lot of use cases where these kinds of things can really help improve quality of life, and significantly, at minimal cost compared to other kinds of alternative treatment,” Lee said of psychedelics like psilocybin and MDMA, both of which have been designated by the federal Food and Drug Administration (FDA) as breakthrough therapies.

In Hawaii in particular, he noted, there are large numbers of veterans with post-traumatic stress disorder (PTSD) and other behavioral health ailments, as well as older people seeking end-of-life care—groups that might benefit from facilitated psilocybin use.

Under the new legislation, mental health professionals would need to identify a person as having at least one of several listed eligible medical conditions, then write a recommendation for therapeutic psilocybin. Patients would be allowed no more than five grams of psilocybin per session and would need to complete a preparation session prior to the drug being administered.

Eligible conditions for treatment with psilocybin would include post-traumatic stress disorder (PTSD); treatment-resistant depression or major depressive disorder; end-of-life anxiety, existential stress and demoralization; eating disorders such as anorexia and bulimia, substance use disorders and obsessive compulsive disorder (OCD). Additional qualifying conditions could be added by the state Department of Health in response to requests from patients or mental health professionals.

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Several Common Drugs Are Linked to Dementia

It is well-known that dementia is often a result of aging. However, sometimes it can be caused by medications.

Drug-induced dementia, the late neurologist and neurosurgeon K.K. Jain wrote, is a type of reversible dementia different from common neurodegenerative disorders.

Several drugs increase the risks of dementia, the most prominent being anticholinergic drugs, anti-epileptics, oncology drugs, and sedative-hypnotic drugs. These are all common prescriptions for older people.

In recent years, antidepressants have also been linked with dementia risks.

Psychiatrist Dr. Peter Breggin, who has published several books on psychopharmacology, told The Epoch Times that most drugs on the market have some degree of neurotoxicity, which can lead to cognitive and neurological side effects.

Not everyone will be affected by a drug’s neurotoxic effects, though older people and those with brain deficits are more vulnerable.

With illnesses that surface in old age and the pills prescribed to treat each symptom, older people also tend to be the most likely cohort to be prescribed drugs that damage their cognition.

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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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