Tag: the war on (some) drugs

Former FDA Official Says He’d Be ‘Shocked’ If DEA Doesn’t Reschedule Marijuana By 2024 Election

Speaking at a cannabis industry event on Thursday, a former Food and Drug Administration (FDA) official said he’d be “shocked” if the Drug Enforcement Administration doesn’t reschedule marijuana by next year’s presidential election.

“I would be really shocked if it took the DEA longer than the second quarter of next year to come up with its final rule,” said Howard Sklamberg, former FDA deputy commissioner for global regulatory operations and compliance. “Even when I was at FDA, we knew that important regulations that you wanted to get done in an election year, you want to get done by the summer before.”

Sklamberg also said he expects DEA will ultimately accept the FDA’s recommendation to put cannabis in Schedule III of the Controlled Substances Act (CSA) instead of reaching a contradictory scheduling decision.

“I personally would be surprised if DEA did not agree ultimately with FDA and [the Department of Health and Human Services]’s decision,” Sklamberg, who served as chair of FDA’s Marijuana Working Group from 2014 to 2017, said. “It certainly would be strange, in an issue that is such an important priority for the administration, for one part of the administration to reverse what another one has said.”

Sklamberg, now a lawyer at the firm Arnold and Porter, was one of a handful of panelists who spoke during a Thursday webinar hosted by the American Trade Association for Cannabis and Hemp’s (ATACH) Capital Markets Council. Others included Andrew Kline, a former policy advisor to then-Vice President Joe Biden (D) who’s now at the law firm Perkins Coie, and Adam Goers, a senior vice president at the multi-state marijuana operator The Cannabist Company (formerly Columbia Care).

The group’s mood toward August’s rescheduling recommendation was decidedly upbeat. “I’m really looking forward to this conversation,” Kline said at the start of the event, “and getting people to the place where they understand that this is a really good thing.”

Sklamberg called the possible move “a giant step in the right direction and one that, probably, you know, four years ago, most people would not have foreseen.”

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State-Licensed Pot Suppliers Say Federal Prohibition Is Unconstitutional As Applied to Them

A lawsuit filed late last month in the U.S. District Court for the District of Massachusetts argues that the federal marijuana ban is unconstitutional as applied to the intrastate operations of state-licensed cannabis suppliers. That claim is similar to one that the U.S. Supreme Court decisively rejected in the 2005 case Gonzales v. Raich, which involved state-authorized medical use of marijuana. But the plaintiffs in Canna Provisions v. Garland—a pot shop chain and three other Massachusetts marijuana businesses—argue that several developments since then undermine the logic of that ruling.

In the 2005 case, Angel Raich and Diane Monson, two patients who used marijuana for symptom relief in compliance with California law, argued that Congress exceeded its authority “to regulate commerce…among the several states” when it purported to ban noncommercial production and possession of cannabis that never crossed state lines. Monson grew her own marijuana, while Raich relied on two caregivers who grew it for her.

It may seem obvious that the power to regulate interstate commerce does not cover conduct that is neither commercial nor interstate. But the Supreme Court had held otherwise in the 1942 case Wickard v. Filburn, which involved an Ohio farmer who exceeded his wheat quota under the Agricultural Adjustment Act of 1938. Although Roscoe Filburn planned to use the extra wheat “wholly for consumption on the farm,” the Court unanimously ruled that the collective impact of such decisions on interstate commerce was enough to justify the rule he violated.

When farmers grow wheat for their own consumption, the justices reasoned, that has “a substantial influence” on the interstate “price and market conditions” that Congress sought to regulate. “Even if appellee’s activity be local and though it may not be regarded as commerce,” Justice Robert H. Jackson wrote for the Court, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.”

Writing for the majority in Gonzales v. Raich, Justice John Paul Stevens applied similar reasoning to the federal ban on marijuana. “Our case law firmly establishes Congress’ power to regulate purely local activities that are part of an economic ‘class of activities’ that have a substantial effect on interstate commerce,” Stevens wrote. Wickard, he said, “establishes that Congress can regulate purely intrastate activity that is not itself ‘commercial,’ in that it is not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.”

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Congressional Researchers Warn That High Federal Marijuana Taxes Could Inhibit Industry’s Economic Potential

As the Biden administration’s marijuana scheduling review continues, the Congressional Research Service (CRS) has released a report cautioning that if cannabis is eventually legalized, lawmakers should consider the potential unintended consequences of imposing high federal taxes on marijuana products.

The non-partisan research body isn’t necessarily suggesting that federal legalization is imminent, but it pointed out that there are a number of comprehensive reform proposals that Congress may consider as the Drug Enforcement Administration (DEA) completes its scheduling review and decides whether to follow the recommendation of the U.S. Department of Health and Human Services (HHS) by moving marijuana to Schedule III of the Controlled Substances Act (CSA).

As it argued in another recent report, CRS said it’s “likely that DEA will reschedule marijuana according to HHS’s recommendation,” based on past precedent. Meanwhile, lawmakers have put forward several federal legalization proposals that could expand on that incremental change, including legislation that would tax and regulate cannabis.

“Recreational marijuana’s potential economic effects may be a factor in any congressional actions on the substance,” the report says, caveating that federal data on the topic is limited given the ongoing prohibition of cannabis. Congress could collect additional data if it moved to require agencies like the Bureau of Labor Statistics (BLS) and Bureau of Economic Analysis (BEA) to start gathering such material, it said.

While federal data is generally limited, the U.S. Census Bureau did recently release its first report on state-level marijuana tax revenue following what the agency calls “a complete canvass of all state agencies” going back to July 2021.

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Laughing gas becomes illegal from TODAY with repeat offenders facing up to two years in jail – but campaigners say ban is ‘completely disproportionate’ and will place more pressure on justice system

Nitrous oxide is illegal from today with repeat offenders risking prison – raising the ire of campaigners who call the ban ‘completely disproportionate’. 

The substance, also known as NOS or hippy crack, is now a controlled Class C drug, meaning that dealers could face up to 14 years in jail.

Users face an unlimited fine, community service, a caution – which would appear on their criminal record – or a possible two-year sentence for serious habitual users. 

Nitrous oxide is the second most commonly used drug among 16 to 24-year-olds in England after cannabis, and has been blamed for fuelling littering and anti-social behaviour. 

This summer it was reported that there were 13 tonnes canisters of the drug collected after the Notting Hill carnival. 

Inhaling the gas brings about short-term feelings of lightheadedness, fits of giggles and hallucinations.  

Heavy, regular abuse risks significant health risks including anaemia and in more severe cases, nerve damage or paralysis. 

It has been identified as having potentially fatal consequences on the UK’s roads from incidents of drug driving. 

Nitrous oxide has legitimate uses and it will remain lawful for catering purposes and in maternity wards when used as pain relief during labour.

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Top GOP Ohio Lawmakers And Prohibitionist Groups Push To Overturn Voter-Approved Marijuana Legalization Initiative Or Amend Key Provisions

Top Republican Ohio lawmakers and prohibitionist groups are already plotting ways to water down a marijuana legalization law that voters approved at the ballot on Tuesday, with some proposing changes to specific provisions like tax revenue allocations and others floating an outright repeal.

The legalization initiative passed with about 57 percent of the vote, making Ohio the 24th state in the country to end prohibition, despite calls to reject the measure from the governor and leading lawmakers. Now that the statutory amendment has been approved, however, the message from opponents has been consistent: they plan to relitigate the issue in the GOP-controlled legislature.

“This statute was written by the marijuana industry and should not be treated as a cash grab for their cash crop at the expense of a state trying to emerge from the opioid epidemic,” Senate President Matt Huffman (R) said in a statement following the vote. “The General Assembly may consider amending the statute to clarify the questionable language regarding limits for THC and tax rates as well as other parts of the statute.”

The plan isn’t surprising, as Huffman said last month that the measure would be “coming right back before this body” for lawmakers to amend if voters approved it. The Senate president said in advance of Election Day that he wouldn’t seek to repeal the legalization law entirely but would instead “advocate for reviewing it and repealing things or changing things that are in it.”

House Speaker Jason Stephens (R) also released a statement on Tuesday, asserting that “now is the time for the legislature to lead on how best to allocate tax revenues while responsibly regulating the industry.”

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Ohio Voters Approve Marijuana Legalization Ballot Initiative, Making It The 24th State To End Prohibition

Ohio voters approved a ballot initiative to legalize marijuana on Tuesday, making the state the 24th in the U.S. to end prohibition.

The measure, campaigned for by the Coalition to Regulate Marijuana Like Alcohol (CTRMLA), establishes a regulatory framework to allow adults 21 and older to purchase, possess and cultivate cannabis. Recent surveys signaled it was in a strong position to pass—in spite of opposition from the governor and GOP state lawmakers.

“Marijuana is no longer a controversial issue,” Tom Haren, spokesperson for the campaign, told Marijuana Moment. “Ohioans demonstrated this by passing State Issue 2 in a landslide. Ohioans are being extremely clear on the future they want for our state: adult-use marijuana legal and regulated.”

Voters were presented with summary language for the initiative—designated as Issue 2—that says the measure will legalize and regulate “the cultivation, processing, sale, purchase, possession, home grow, and use of cannabis by adults at least twenty-one years of age.”

“A broad, bipartisan and diverse array of Ohioans spoke clearly tonight,” Ohio Rep. Casey Weinstein (D), who has championed legalization in the legislature, told Marijuana Moment on Tuesday. “The time to legalize marijuana has come. I hope the leaders in the legislature will heed their call and honor the will of the vote.”

Under the approve measure, the legalization of possession of up to 2.5 ounces of marijuana and cultivation of up to six plants (or 12 if two or more adults live in the same household) will become effective on December 7. Officials must get rules in place to start approving licensed retailers within nine months of the effective date.

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Connecticut To Double Limit on Weed Purchases

Connecticut’s cannabis regulatory agency announced last week that it is increasing the amount of cannabis that can be bought in a single transaction by doubling the state’s limit on recreational marijuana purchases. Under the new regulations approved by the Connecticut Department of Consumer Protection (DCP), adult-use cannabis consumers will be permitted to purchase up to a half-ounce (about 14 grams) of cannabis flower or its equivalent beginning next month. 

The limit on purchases of medical marijuana has not been changed. It remains at 5 ounces of cannabis flower or the equivalent monthly, with no limits on purchases in a single transaction.

The DCP noted in a statement that the decision to increase the limit on adult-use cannabis purchases was made based on an ongoing analysis of supply and demand in Connecticut’s regulated cannabis market. The agency also said that the limit will continue to be reviewed over time, adding that the caps are in place to help ensure an adequate supply of cannabis for both adult-use consumers and medical marijuana patients.

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Medical Marijuana Prescriptions Rise Sharply In Israel Amid War With Hamas, Government Says As Patients Seek Relief From PTSD And Pain

A month into the war between Israel and Hamas, data from Israel’s Ministry of Health shows a sharp expansion in the reach of the medical marijuana program in that country. Patient enrollments have spiked, especially those tied to PTSD and pain, and doctors have prescribed more cannabis by weight than ever before.

Patient enrollment in Israel’s medical cannabis registry rose by 2,202 people in October, according to the newly released government numbers. That’s roughly twice the recent monthly average, though it’s not quite the rapid growth seen in early 2021, when nearly 3,000 patients were registering each month.

Regardless, Israel now has more registered medical cannabis patients than ever. And with more enrolled patients, there’s been a corresponding uptick in the amount of marijuana that is being prescribed. The country’s medical cannabis rules specify that a patient can purchase only up to a certain amount of specified products. In October, those products totaled 5,173 kilograms—not only a record in itself, but also the largest monthly increase ever recorded in the system, according to a local Israeli cannabis news publication. Data also showed an increase in the number of patients prescribed relatively high doses of marijuana.

Enrollment by qualifying condition, the local report noted, reflects an uptick in violence and wartime stressors. For example, data show an increase for the first time in at least a year in the number of marijuana prescriptions for “post-trauma,” or PTSD. Chronic pain continued to be a leading condition for marijuana patients, making up nearly three quarters of new enrollees, while another 400 patients in October enrolled for unspecified “other” conditions.

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Smoking cannabis can make you more empathetic, according to a new study

Stoners are better at empathising than those who don’t use the drug, a new study has found.

People who regularly enjoy a joint are better at recognising other people’s feelings and putting themselves in someone else’s shoes. 

Researchers from the Universidad Nacional Autónoma in Mexico asked 81 cannabis users and 51 people who didn’t use the psychoactive drug to complete a 33-item questionnaire that measured empathetic skills.

It looked at perspective taking – the capacity to place oneself in the shoes of another – and emotional comprehension, which is spotting and understanding other people’s emotions.

The scientists also analysed whether or not volunteers could tune in to positive or negative feelings, and behave accordingly.

Roughly half of the week smokers and two thirds of the non-users then underwent brain scans to look for differences in activity in areas associated with sensing the emotions in others.

Results published in the Journal of Neuroscience Research showed that cannabis users scored higher on the empathy test, and had greater connectivity in areas involved with emotion, such as the anterior cingulate near the front of the brain.

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Senate Approves Bill Allowing Doctors To Issue Cannabis Recommendations to Veterans

A bipartisan congressional bill – the Fiscal Year 2024 (FY24) Military Construction, Veterans Affairs, and Related Agencies (MilCon-VA) Appropriations Act – has been approved by the Senate that allows military veterans to receive medical cannabis recommendations issued by government doctors.

Doctors at the U.S. Department of Veterans Affairs (VA) will be able to recommend medical cannabis to their patients in states where it’s legal.

The bill provides support for critical housing, infrastructure, and facilities for U.S. military forces and their families, as well as increased funding for veterans health care and benefits.

The measure was advanced by a bipartisan vote of 28-0.

Vice Chairman of the Appropriations Committee, Senator Susan Collins, stated: “The significant investments this legislation makes in America’s military are critical to our national security, helping to ensure our military’s readiness and safety while reducing maintenance costs.

“The bill also supports much-needed funding to improve medical care and housing for our nation’s veterans. As the Vice Chairman of the Appropriations Committee, I will continue to champion this funding as the appropriations process moves forward.”

Previously, VA doctors were not authorised to issue recommendations on medical cannabis, even in states that have legalised the plant for medical or recreational use.

Supporters of the Bill have said that it provides a modest but meaningful reform for the veteran community.

Senators Ron Wyden and Jeff Merkley reintroduced the legislation in April.

Speaking on the passage of the bill, U.S. Senator Patty Murray (D-WA), Chair of the Senate Appropriations Committee, stated: “…despite the tough funding constraints, these bills move our country forward—not back—with important investments to keep our promise to our nation’s veterans, to get Americans where they need to go safely, to increase our housing supply, address the homelessness crisis, support our farmers and ranchers, keep American families healthy and safe, and much more.”

Speaking at the time of the legislation’s reintroduction, Wyden stated: “Veterans in Oregon and nationwide are unfairly and unacceptably stuck in a legal gray zone when discussing medical cannabis with their doctor.

“Veterans deserve the opportunity to explore various treatments with their doctor without fear of prosecution or employment ramifications.

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