Tag: the war on (some) drugs

Marijuana And Opioids Are ‘Equally Efficacious’ In Reducing Pain, With Cannabis Offering Additional ‘Holistic’ Benefits, Study Shows

Medical marijuana and opioids are “equally efficacious” at mitigating pain intensity in patients with chronic pain, according to a new study in the Journal of Cannabis Research—but cannabis also provided more “holistic” relief, such as by improving sleep, focus and emotional wellbeing.

Researchers said their findings support the hypothesis that medical cannabis (MC) “alleviates pain through holistically altering the pain experience” rather than “only targeting pain intensity.”

“The results of the present study support the hypothesis that the effects of MC on pain experience are more holistic than those of opioids,” their report says. “MC may alleviate pain through affecting a broad range of pain-related experience experiential factors such as relaxation, improved sleep and mood, being able not to react to the pain, as well as a sense of control.”

The nine-person Finnish team, led by Åbo Akademi University psychology professor Jussi Jylkkä, looked at a sample of 201 chronic pain patients, 40 of whom used medical marijuana and 161 of whom used opioids to treat pain. There was some crossover, with about 45 percent of medical marijuana patients reporting also using opioids for their pain and about 4.3 percent of opioid users having used medical cannabis.

Subjects completed retrospective surveys on the “positive and negative phenomenological effects of the medicine,” and researchers then compared scores from the two groups.

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Raid On Unlicensed Marijuana Business On Tribal Land In Minnesota Raises Complex Legal And Political Questions

About three months ago, Mahnomen County sheriff’s deputies and White Earth tribal police raided Todd Thompson’s tobacco shop, seizing around seven pounds of cannabis, along with $3,000 in cash, his cell phone and surveillance system.

The August 2 raid happened the day after recreational marijuana became legal across the state and was the first major enforcement action under the new law.

But no charges have been filed in the case—and the state may not have the authority to prosecute him or any other tribal member for marijuana crimes on reservations.

Thompson, a member of the White Earth Nation, didn’t have a state permit to sell cannabis nor did he have the consent of the tribal council, which voted days earlier to allow adult-use cannabis and sell marijuana cultivated in its tribal-run facility.

For his part, Thompson doesn’t believe he needs the permission of the state or the tribal council to sell marijuana on the reservation under the Minnesota Chippewa Tribe’s constitution or U.S. treaties with the Ojibwe. That’s why Thompson said he and four other tribal members decided to sell cannabis out in the open from Asema Tobacco and Pipe, the store he’s run for five years in Mahnomen.

“We were pushing our rights,” Thompson said in an interview. “We’re just sick of being held down. And every economic opportunity, we’re held back from.”

They made it hard for law enforcement to ignore, advertising marijuana for sale with Facebook photos and videos showing large jars of green marijuana buds and invited people to come in.

The next day, tribal police and Mahnomen County sheriff’s deputies came to Thompson’s store with a search warrant. In the search warrant application filed in Minnesota district court, a White Earth narcotics investigator said they had seen a Facebook Live video of Thompson promoting the sale, and an undercover agent then purchased cannabis there.

Thompson said police handcuffed him and workers at his store and held them for more than an hour while they searched the premises.

He said they also went to his house, where they broke into his safe and “desecrated” sacred items—he found his eagle feather on the floor and the ashes from his sage bowl dumped onto his white sheets.

“They’re just some rotten, dirty bastards,” Thompson said.

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Prosecutors of 6-Year-Old Shooter’s Mother Claim Gun-Owning Pot Users Are ‘Inherently Dangerous’

On Wednesday, a federal judge sentenced Deja Taylor, a 26-year-old Virginia woman whose 6-year-old son used her pistol to shoot a teacher last January, to 21 months in prison for owning a gun while using marijuana. In June, Taylor pleaded guilty to violating 18 USC 922(g)(3), which makes it a felony, punishable by up to 15 years in prison, for an “unlawful user” of a “controlled substance” to possess a firearm. She also admitted that she falsely denied drug use on the form she filled out when she bought the pistol, a felony punishable by up to 10 years in prison.

“This case is not a marijuana case,” Assistant U.S. Attorney Lisa McKeel wrote in the government’s sentencing memorandum. “It is a case that underscores the inherently dangerous nature [of] and [the] circumstances that arise from the caustic cocktail of mixing consistent and prolonged controlled substance use with a lethal firearm.”

McKeel is partly right: Strictly speaking, this is a firearm case, not a marijuana case. Yet there would be no firearm case without federal marijuana prohibition. And while the evidence indicates that Taylor was neither a model gun owner nor a model cannabis consumer, her federal firearm offenses do not hinge on the details of her behavior. Survey data suggest that millions of Americans are gun-owning cannabis consumers, meaning they are guilty of the same felony that earned Taylor a prison sentence, even if they pose no danger to anyone. As a federal appeals court recently noted, that situation is hard to reconcile with “the right of the people to keep and bear arms.”

According to the National Survey on Drug Use and Health, over 60 million Americans used illegal drugs (mainly marijuana) in 2021. Based on surveys indicating that roughly one-third of American adults own guns, we can surmise that something like 20 million people violated Section 922(g)(3) that year. Yet on average, federal prosecutors file just 120 charges under that provision each year. In other words, only a minuscule percentage of the potential defendants will ever become actual defendants.

It is no mystery why Taylor ended up being part of that tiny minority. First, her marijuana use attracted official attention as a result of the investigation that followed her son’s January 6 assault on Abigail Zwerner, a teacher at Richneck Elementary School in Newport News, who underwent five surgeries to repair the damage that the bullet he fired did to her hand and lung. Second, that investigation also revealed a pattern of irresponsible conduct, which was not legally necessary to prosecute Taylor’s firearm offenses but surely played a role in the decision to pursue a federal case.

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New York Governor Signs Marijuana Tax Cut Bills, Providing Local 280E Relief For NYC Businesses

New York’s governor has signed legislation that to provide tax relief to New York City marijuana businesses that are currently blocked from making federal deductions under an Internal Revenue Service (IRS) code known as 280E.

About five months after the Senate and Assembly approved the proposal, and less than a week after both chambers formally transmitted their identical bills to Gov. Kathy Hochul (D), she signed them into law on Friday.

While Hochul signed a separate budget bill last year that included provisions allow state-level cannabis business tax deductions—a partial remedy to the ongoing federal issue—New York City has its own tax laws that weren’t affected by that change. The new measure is meant to fill that policy gap.

“This bill would allow a deduction for business expenses, incurred by taxpayers authorized by the Cannabis Law to engage in the sale, distribution, or production of adult-use cannabis products or medical cannabis, for purposes of the unincorporated business tax (UBT), the general corporation tax (GCT), and the corporate tax of 2015, commonly referred to as the business corporation tax (BCT),” a summary says.

A section of the city’s tax code would be amended to add sections allowing the deductions “in an amount equal to any federal deduction disallowed by section 280E of the internal revenue code.”

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Court Brief Slams DEA’s ‘Indefensible’ Rationale For Firing Agent Over Positive THC Test Attributed To CBD Hemp Product

The Drug Enforcement Administration (DEA) fired a former agent based on an “unjustifiable, unlawful, and inexplicable” rationale after he tested positive for THC after using CBD products that were marketed as being derived from federally legal hemp, an attorney argued in a new brief in a federal court case challenging the removal.

Anthony Armour—described by DEA itself as an “outstanding” special agent during his 16-year tenure—was terminated in 2019 following a random drug screening that revealed traces of THC metabolites. He admitted to taking CBD for chronic pain as an opioid alternative—and he turned over the products he believed to be federally legal under the 2018 Farm Bill—but DEA upheld his firing even upon appeal.

In a brief submitted to the U.S. Court of Appeals for the Federal Circuit this week, the former DEA agent’s attorney, Matt Zorn, challenged a series of arguments from the agency, asserting that it relied on “undeniably flawed evidence” to support its claim that Armour unlawfully used marijuana by consuming a CBD product he believed to be within the federal definition of legal hemp.

“This is all indefensible enough. But [DEA’s response] disturbingly sheds new light on how an outstanding DEA agent landed a draconian punishment for an unintentional act,” the brief says. “Deep in the Response, the government notes that DEA intended to remove Armour regardless of his intent, outstanding service, and remorse. DEA would have removed Armour from federal service even if he were just negligent in purchasing CBD products.“

“DEA could have charged Armour whatever it wanted under its guidelines. Likewise, it can fashion whatever drug policy it desires,” it says. “But DEA put Armour on a pedestal and charged him with use/possession of marijuana and never proved the charge. Instead, it took unjustifiable, unlawful, and inexplicable shortcuts.”

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The ‘Monster’ Isn’t the Drug, It’s the Prohibition

If you remember headlines about angel dust and crack, you know that drug panics are nothing new. From time to time an intoxicating drug is rediscovered or newly synthesized, or old ones are consumed in new ways, leading to public fascination and forecasts of doom. We’ve seen that recently with widespread attention paid to fentanyl and tranq, and a recent article in The New York Times about “super meth” and “polysubstance use.”

The November 13 Times piece headlined “‘A Monster’: Super Meth and Other Drugs Push Crisis Beyond Opioids” consists of a high panic to substance ratio. As Reason‘s Jacob Sullum pointed out, “super meth” is not new, but represents a return to making methamphetamine from phenyl-2-propanone (P2P) the way the Hell’s Angels did in the past before illicit manufacturers started deriving it from pseudoephedrine. Now that allergy medications containing pseudoephedrine are strictly controlled, underground labs have returned to old techniques.

Well, of course. Black market operators always innovate to work around laws and law enforcers.

The rest of the of the article, on the simultaneous consumption of several drugs, is equally unremarkable, though outcomes remain as unfortunate as ever.

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Maryland Republicans Want To Let Police Search Cars And People Based On Smell Of Marijuana, Which Is A Legal Product

Republican lawmakers in Maryland are aiming to undo a law that prevents police from stopping or searching people and vehicles based merely on the smell of marijuana, claiming the measure has put motorists at risk and took away an important tool used by law enforcement to seize people’s firearms.

The effort is one of five legislative proposals that the Maryland General Assembly’s Joint Republican Caucus unveiled this week as part of its public safety agenda for the coming legislative session, which runs from January to April of next year.

“There is no doubt about it, people using cannabis while riding in or operating a vehicle makes our roads less safe,” House Minority Whip Jesse Pippy (R) said at a press conference Tuesday. “The Drug Free Roadways Act of 2024 will remove the prohibition from stopping and searching vehicles due to the odor of cannabis.”

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Biden’s Justice Department Says Marijuana Consumers Are ‘Unlikely’ To Store Guns Properly In Latest Defense Of Federal Ban

The Biden administration has once again found itself in federal court defending a ban preventing people who use marijuana from buying or possessing firearms, arguing that historical precedent “comfortably” supports the restriction and that cannabis consumers with guns pose a unique danger to society, in part because they’re “unlikely” to store their weapon properly before using marijuana.

In a brief submitted to the U.S. Court of Appeals for the Third Circuit on Wednesday, attorneys for the Justice Department responded to a series of prompts from the judges, asserting that the firearm ban for marijuana consumers is justified based on historical analogues to restrictions on the mentally ill and habitually drunk that were imposed during the time of the Second Amendment’s ratification in 1791.

The federal government has repeatedly affirmed that those analogues, which must be demonstrated to maintain firearm restrictions under a recent Supreme Court ruling, provide clear support for limiting gun rights for cannabis users. But several federal courts have separately deemed the marijuana-related ban unconstitutional, leading DOJ to appeal in several ongoing cases.

For the case before the Third Circuit, the government is defending the ban against Erik Matthew Harris, who was convicted of violating the federal statute prohibiting the possession of a firearm by a person “who is an unlawful user of or addicted to any controlled substance.” As the Daily Caller first reported, Harris’s legal representation also submitted a supplemental brief to the court on Wednesday that broadly disputes both the substance of the conviction under the statute, as well as the idea that there are relevant historical analogues to uphold the existing ban.

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Indonesia’s President Urges Biden To Lift FDA’s Kratom Import Restrictions, Advocacy Groups Say

In a meeting with President Joe Biden this week, the president of Indonesia urged the administration to lift a Food and Drug Administration (FDA) alert that broadly restricts imports of kratom to the U.S., according to a pair of advocacy groups.

Indonesia is one of the primary international exporters of kratom, a plant native to Southeast Asia that’s used for pain relief, managing the symptoms of opioid withdrawal and other purposes. The plant is currently unscheduled under U.S. law, but FDA issued an import alert in July that has seriously limited kratom imports from Canada, Indonesia, Malaysia and the Philippines.

Indonesian President Joko Widodo met with Biden for a bilateral meeting at the White House on Monday. According to the American Kratom Association (AKA) and the Kratom Coalition, Widodo used the opportunity to request administrative action to remove the FDA restrictions, emphasizing the economic and environmental consequences of the current kratom import policy for Indonesia.

The White House referred Marijuana Moment’s request for comment to the National Security Council (NSC). A spokesperson for NSC said they have “nothing to add on the Leaders’ conversation beyond the joint statement and fact sheet released on Monday” that do not explicitly mention kratom.

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