The Newly Unveiled HHS Rationale for Rescheduling Marijuana Underlines Drug Warriors’ Dishonesty

Last week, in response to a Freedom of Information Act request by Houston lawyer Matthew Zorn, the Department of Health and Human Services (HHS) revealed the rationale for its August 2023 recommendation that the Drug Enforcement Administration (DEA) move marijuana from Schedule I to Schedule III of the Controlled Substances Act. The document not only contradicts the position that the DEA has long taken on this issue; it contradicts the position that HHS itself took in 2016, when the DEA rejected a 2011 rescheduling petition. The reversal shows that marijuana’s classification has always been a political question rather than a legal or scientific matter.

On October 7, 2022, the same day he announced a mass pardon for people convicted of simple marijuana possession under federal law, President Joe Biden instructed HHS and Attorney General Merrick Garland to “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.” Biden noted that Schedule I, which includes “heroin and LSD,” is “the classification meant for the most dangerous substances” and is “even higher than the classification of fentanyl and methamphetamine—the drugs that are driving our overdose epidemic.” On Twitter, he reiterated that “we classify marijuana at the same level as heroin” and treat it as “more serious than fentanyl,” which he said “makes no sense.”

In short, it was clear that Biden did not expect HHS to confirm its previous position that marijuana belongs in Schedule I. He expected HHS to recommend that marijuana be moved to a lower schedule, which is what it ultimately did. As the details of the HHS recommendation clarify, that decision was not based on new scientific evidence. It was based on a reinterpretation of the criteria for Schedule I that could have been implemented much sooner if HHS and the DEA had been open to it, or if a previous president had encouraged it.

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NCAA Division I To Vote On Removing Marijuana From Banned Substances List For Student Athletes

A new collegiate athletics proposal would remove marijuana from the list of substances included in drug screenings for National Collegiate Athletic Association (NCAA) championship competitions, with officials set to vote on the matter in June. Proponents say the approach is consistent with designing rules to focus on reducing harm rather than punishing student athletes.

The plan would build on a 2022 change that increased the allowable THC threshold for college athletes, aligning NCAA’s rules with those of the World Anti-Doping Agency (WADA).

The latest proposal would effectively treat marijuana more like alcohol. While NCAA doesn’t intend for the change to promote cannabis use, the substance isn’t believed to give competitors an unfair advantage in sport.

“Cannabis is not a performance-enhancing drug, and we determined that the drug testing conducted at NCAA championships should focus on substances that impact competitive outcomes,” Pat Chun, athletics director at Washington State and chair of the Strategic Vision and Planning Committee, said in a statement last week. “To be clear, this does not mean that NCAA members condone or promote use of cannabinoids. However, rather than focus on testing and subsequently penalizing student-athletes who use cannabis, NCAA efforts should focus on a harm reduction strategy, similar to substances like alcohol.”

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Field trip: inside America’s first magic mushroom school

At a forest facility in Oregon, the first US state to allow supervised use of the drug, students work toward becoming licensed trip facilitator.

  • Inside a spacious and light-filled retreat in the forest outside Portland, 30 students sat gazing into each other’s eyes.

A heavy silence filled the room, save for the occasional creaking chair. A soft voice urged the group to envision the pain and joy their fellow students had experienced during their lives, to view them as a friend, a child, a teacher. Some broke into grins, others teared up.

“We never get the opportunity to just look at somebody,” the instructor said.

The intense exercise was a fitting start to the day for students preparing for unconventional careers as facilitators in Oregon’s groundbreaking new psilocybin program.

The state is the first in the US to allow supervised use of the psychedelic for adults 21 and older. In a few months, the students, who include midwives, educators and retirees, could support people through a magic mushroom experience at one of Oregon’s 19 service centers.

But first, they’ll need to complete a program like the one taking place at InnerTrek – the first government-recognized licensed and operating training program in the world, according to staff. After they complete the training, they can go on to apply for their licenses with the state.

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Top Biden Health Official In Touch With DEA About Marijuana Rescheduling Recommendation

The head of the U.S. Department of Health and Human Services (HHS) says his agency has “communicated” the agency’s “position” on marijuana rescheduling to the Drug Enforcement Administration (DEA) and has continued to offer additional information to assist with the final determination.

HHS for the first time confirmed that it had recommended moving cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) on Friday, releasing a trove of documents it submitted to DEA last year amid a Freedom of Information Act (FOIA) lawsuit initiated by attorney Matt Zorn.

Xavier Becerra, secretary of HHS, told The New York Times in a new interview that his department “communicated to them our position” and “put it all out there for them,” referring to the comprehensive scientific review it conducted and submitted to DEA as part of a scheduling directive from President Joe Biden.

“We continue to offer them any follow up, technical information if they have any questions,” Becerra said.

The status of DEA’s review is currently unknown, though some suspect the release of the cannabis materials in the FOIA lawsuit may indicate the scheduling decision announcement is imminent. Marijuana Moment reached out to DEA for clarification on the timing, and a spokesperson referred the inquiry to the Justice Department, which has not responded to requests for comment.

Congressional lawmakers, meanwhile, have touted the HHS Schedule III recommendation following Friday’s disclosure of the review documents.

“I’m encouraged by this news & urge the DEA to follow this common-sense scientific recommendation to move cannabis to Schedule III,” Rep. Dwight Evans (D-PA) said on Friday. “I continue to support full legalization but this would be a positive action.”

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Arkansas Ballot Initiative Would Allow Medical Marijuana Homegrow And Trigger Recreational Legalization After Federal Reform

A marijuana industry group on Friday proposed a constitutional amendment to improve patient access to medical cannabis and legalize the drug for recreational use in Arkansas if it becomes legal under federal law.

Arkansans for Patient Access said it was submitting ballot language to Arkansas Attorney General Tim Griffin (R) on Friday for the Arkansas Medical Cannabis Amendment of 2024.

The ballot initiative would make it legal for patients to grow their own cannabis at home and make a series of changes to Amendment 98 to the Arkansas Constitution, which Arkansans ratified in 2016 to legalize marijuana for medical use.

The tweaks comprise a wishlist for patients as well as cultivators and dispensaries.

“The goal of this ballot proposal is to reaffirm and build upon Amendment 98 to better serve patients,” Amy Martin, owner of The Greenery dispensary in Fort Smith, said a statement from the ballot question committee. “This amendment reflects a commitment to the principles established by the state’s voters. It reduces barriers and streamlines processes so qualifying patients can access the medicines and treatment options that best serve them.”

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Congressman Delivers ‘Angry’ Floor Speech About Stalled Federal Marijuana Reform, But Says It’s ‘Not Too Late’ To Act

It’s “not too late” for the current Congress to pass sensible marijuana reform legislation and end the “insane” prohibitionist policies of the war on drugs, Rep. Earl Blumenauer (D-OR) says.

In an impassioned speech on the House floor on Thursday, the founding member of the Congressional Cannabis Caucus said he is both “sad” and “angry” over the continued federal inaction on marijuana reform, arguing that it’s “time for Congress to stop making this problem worse.”

“I’ve been working for 50 years leading the effort to end the failed, unfair, cynical, dangerous war on drugs that targeted Black people, that discouraged the illegal use of a therapeutic good—something that could have enriched our economy but instead criminalized behavior,” he said.

Blumenauer, who is retiring at the end of this year but still plans to be involved in advancing the issue, said members have seen stories about the potential harms of cannabis for vulnerable populations—but that’s precisely why they should support a legal regulatory framework to mitigate risks.

“We don’t have a system that regulates it, that taxes it, that keeps it out of the hands of children,” he said. “No neighborhood drug dealer looks for identification, and they’re perfectly happy to sell kids other more dangerous and potent drugs. We don’t have to do this.”

The congressman, who is also sponsoring a newly reintroduced resolution alongside Rep. Barbara Lee (D-CA) promoting equity in state cannabis markets, pointed out that the House under Democratic control has previously passed comprehensive legalization legislation, as well as proposals to address the unique financial challenges of the marijuana industry. But none of those have yet been enacted into law.

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I spent over £100,000 on therapy… but it was taking magic mushrooms that helped me conquer my OCD

On the surface, Pandora Morris, 35, has everything. She’s pretty, blonde, well-connected and has a posh London address – the type of woman you might see on the pages of society magazine Tatler.

But there is a sadness about her cornflower blue eyes which reflect a less golden story. Pandora, a lawyer by profession and scion of a large London banking dynasty, has spent decades battling obsessive compulsive disorder (OCD), which developed into a severe exercise addiction and eating disorder in her early teens.

It has been more than three years since her last ‘relapse’, and though wary of describing herself as ‘cured’, Pandora is now in a very different place to her condition before lockdown, when her heart rate fell to 31 and doctors told her that if she didn’t stop exercising eight hours a day and eat more than 700 calories, she would probably die.

When we meet, Pandora has just come from the studio where she is recording the second series of Hurt To Healing, the podcast she launched in October 2022, in which she interviews experts and those who have struggled with mental health issues.

Pandora certainly knows her subject. Her desperate parents spent the price of a small house on treatments — none of which, including seven months in an eating disorder clinic in South Africa, seemed to work long term.

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Psychedelics Company Raises $100 Million in Push To Legalize Selling MDMA for PTSD

A key player in the competitive pharmaceutical psychedelics industry has raised over $100 million to fund a final push to get government approval to legally sell MDMA in the U.S. to those struggling with post-traumatic stress disorder.  

The nonprofit Multidisciplinary Association for Psychedelic Studies, or MAPS, raised the money in a Series A funding round through a subsidiary previously known as the MAPS Public Benefit Corporation, or MAPS PBC. In a release on Friday announcing the news of the cash infusion, the organization also said it was renaming the public benefit company Lykos Therapeutics.

Lykos is part of a growing number of players in the industry racing to get money as they push to get legal psychedelic drugs to market. Last month, the organization submitted an application to the FDA that included data from a series of clinical trials related to the use of MDMA for PTSD. The federal agency is currently deciding whether to officially review the application, a process that would take months. 

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Minnesota Officials Form Interagency Plan To Rein In Sales Of High-THC Marijuana Being Sold As Legal Hemp

Minnesota’s cannabis regulators say they have a plan to fill a gap in state law that could be letting some hemp retailers sell marijuana flower without consequence.

Charlene Briner, the interim director of the new Office of Cannabis Management, said Thursday that she is working with other agencies to provide a temporary method to inspect and test raw cannabis flower to make sure it does not violate current law.

She said the agency will look into using inspectors from the Office of Medical Cannabis and the Department of Agriculture to exercise the Office of Cannabis Management’s authority to stop the sale of cannabis flower that is illegal marijuana masquerading as legal hemp.

“OCM is evaluating how to leverage existing enforcement capacity at the Office of Medical Cannabis to act on OCM’s behalf and how we can develop capacity to test raw cannabis flower,” Briner said.

“We’ll be sharing more about those plans as we put them in place,” she said.

To be legal to sell now, hemp flower must contain only 0.3 percent delta-9 THC or less. Such hemp plants do not have enough THC to be intoxicating when eaten or smoked. But by processing the hemp for edibles and beverages, the THC content can be enhanced to produce an intoxicating effect.

Some hemp retailers and smoke shops have been selling raw cannabis flower that might or might not exceed those legal limits. Hemp inspectors have not acted against such sales—or even to test the flower—because while the Office of Medical Cannabis regulates hemp sales, the law doesn’t give it any authority over unprocessed flower.

The loophole became public late last year when former Office of Medical Cannabis director Chris Tholkes discussed it on the national podcast Weed Wonks. She said her inspectors have seen sales of raw cannabis flower that the stores claim is legal hemp but that the inspectors suspect is not.

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South Dakota Lawmakers Vote To Fine Medical Marijuana Dispensaries That Don’t Warn Patients About Federal Gun Ban

A South Dakota legislative panel advanced two bills on Friday aiming to better inform patients about federal restrictions on firearm ownership for people who use marijuana. One would require that medical cannabis patient applications include a written warning about the gun ban, while the other would mandate that informational signs be posted on-site at dispensaries while instituting daily fines for businesses that don’t comply.

Lawmakers in the state’s House Judiciary Committee approved both proposals, unanimously passing the measure to include a written warning on patient applications and voting 8–4 on requiring dispensary signs.

Both bills were introduced earlier this month, led by Rep. Kevin Jensen (R) in the House and Sen. Jim Stalzer (R) in the Senate, with multiple additional co-sponsors.

Jensen began his comments to colleagues at Friday’s hearing by saying he wanted to make it “perfectly clear that nothing in this bill precludes anyone from getting a medical marijuana card or using the card for whatever purposes.” But he pointed to federal rules prohibiting unlawful users of marijuana from obtaining guns, which he noted stretch back to 1968.

Pointing to a release from a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) official in St. Paul regarding Minnesota’s legalization of adult-use cannabis, Jensen said federal law “does not provide any exception” for state-legal medical or recreational use.

“People are just totally unaware, and they could get caught,” Jensen admonished. “I almost hate to say this, but right now, if under Biden’s administration they wanted to enforce this law universally across the country, they would probably have 40 million people that they could arrest and confiscate all their firearms and ammunition.”

“That law already exists. If they enforced it right now, that could happen,” he added. “But that’s kind of a side note. The main issue with this bill is just a notification.”

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