Tag: the war on (some) drugs

Federal Lawsuit Challenges Mississippi’s Ban On Marijuana Advertising, Citing Free-Speech Rights

Mississippi’s medical cannabis advertising ban is preventing a small dispensary from attracting customers, Tru Source owner Clarence Cocroft is arguing in a federal lawsuit that casts the law as a violation of his free-speech rights.

Though medical marijuana is now legal for Mississippians with qualifying conditions and a medical cannabis card, state law prohibits dispensary owners and cultivators from advertising cannabis products.

“It’s a daunting task to stay in the industry when you can’t advertise,” Cocroft told the Mississippi Free Press on December 8. “And it’s legal. If they allow you to get licensed, they should allow you to promote your business.”

Cocroft owns Tru Source, the state’s first Black-owned medical cannabis dispensary, located in the southeast industrial zoning area of Olive Branch, Mississippi. Cocroft and his dispensary filed a lawsuit on November 14 against the officials in charge of the regulations at the Mississippi State Department of Health, the Mississippi Department of Revenue and the Mississippi Alcohol Beverage Control Bureau.

To open a medical cannabis shop in the state, a person must apply for a dispensary license, register for a sales tax permit and pay thousands of dollars in fees. A person must have a medical cannabis card and be over the age of 21 to enter a dispensary.

“The fight was, ‘OK, we’re paying you all a lot of taxes. We’re abiding by all your rules that you have set forth. All we’re asking is simple: Allow us to advertise. It’s going to increase your tax rate as a state,’” Cocroft said.

Tru Source relies on its website, word of mouth and signs posted on the building for advertising. But Cocroft cannot advertise his dispensary or its website in any other advertising medium. The owner said many customers would not have known about the store if they had not driven by the area.

“It’s not just me in my location that cannot advertise,” he said. “It’s every location in Olive Branch; it’s every dispensary in DeSoto County and all 82 counties,” Cocroft said.

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Nevada Marijuana Possession Limit More Than Doubles Under New Law Taking Effect Monday

Effective Monday, the marijuana possession limit for adults in Nevada will more than double to 2.5 ounces. Recreational retailers will also become authorized to serve medical cannabis patients as well, without having to get a separate license.

The policy changes are coming into effect under a large-scale marijuana reform bill that Gov. Joe Lombardo (R) signed into law in June. The legislation also broadens eligibility for participation in the market by people with prior felony convictions.

One of the key provisions of the law increases the possession and purchase limit for cannabis from one ounce to 2.5 ounces. The amount of cannabis concentrates that adults can possess is also being doubled from one-eighth of an ounce to one-quarter of an ounce.

Also, it makes it so adult-use marijuana retailers will no longer need to have a separate medical cannabis license to serve patients. Recreational retailers will automatically serve as dual licensees, and existing medical cannabis licensees can apply to dually serve adult consumers.

Regulators will no longer be able to issue or renew medical marijuana licenses after Monday—unless the applicant is located in a jurisdiction that has opted out of permitting adult-use facilities. Medical cannabis patients would be exempt from the state excise tax at recreational retailers.

Fees for licensing applications and renewals will also be reduced under the new law.

Another major change will give regulators discretion when considering the issuance of marijuana business licenses to people with prior felony convictions.

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Most Military Service Members, Veterans And Their Families Support Allowing VA Doctors To Recommend Marijuana And Psychedelics

Active duty military personnel, veterans and their family members support allowing U.S. Department of Veterans Affairs (VA) doctors to recommend medical marijuana and psychedelics to patients if they believe it would provide a benefit, according to results of a survey from Ohio State University (OSU).

Researchers polled service members, veterans, their family members and non-military respondents over a few weeks in late August and early September, the report says. All told, 1,168 individuals participated, including 315 active and veteran military members, 426 members of military families and 427 non-military individuals. The goal was to assess the differing likelihoods across the categories of respondents to support various statements about medical marijuana and psychedelics as available treatment options.

“Given the prevalence of health issues within the veteran community and the need for a wide range of treatment options, some researchers have started to explore whether and how veteran populations should have access to alternative treatment options such as marijuana and psychedelics,” authors wrote in the preprint paper, which was published this month by OSU law school’s Drug Enforcement and Policy Center and has not been peer-reviewed. “Studies of veteran views on these issues, however, have not closely explored how veteran perspectives on certain drug issues compare directly to those in their immediate and broader community.”

The survey participants, drawn from the volunteer American Population Panel, were asked whether they agreed or disagreed with four statements about marijuana and psychedelics:

  1. Marijuana/psychedelics can be an effective treatment for various medical conditions.
  2. A doctor should be legally allowed to recommend marijuana/psychedelics if the doctor believes the patient could benefit from medical marijuana/psychedelics, even without FDA approval.
  3. A doctor should be legally allowed to recommend marijuana/psychedelics, but only after it has received an approval by the U.S. Food and Drug Administration.
  4. Because of the unique hardships and health conditions experienced by veterans, U.S. Veterans Administration doctors should be legally allowed to recommend marijuana/psychedelics to veterans if the doctor believes the patient could benefit from marijuana/psychedelics.

Strong majorities of all three surveyed groups agreed the substances can be effective treatments, with even more sizable proportions saying that Veterans Administration (VA) doctors should be able to legally recommend the substances to patients if they believe they would provide some benefit.

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UFC Formally Removes Marijuana From Banned Substances List For Professional Fighters

The Ultimate Fighting Championship (UFC) announced on Thursday that it is formally removing marijuana from its newly modified banned substances list for athletes, building on an earlier reform.

While UFC says it is modeling its list of prohibited drugs after the World Anti-Doping Agency (WADA)—which has controversially maintained cannabis as a banned substance—it is making amendments “based on historical findings (i.e. marijuana removed from the prohibited list).”

Professional fighters have already been largely protected from being penalized over testing positive for THC under a policy change that UFC adopted in 2021, but now it is removing cannabis as a banned drug altogether.

“UFC’s goal for the Anti-Doping Policy is to be the best, most effective, and most progressive anti-doping program in all of professional sports,” UFC Chief Business Officer Hunter Campbell said in a press release on Thursday.

“UFC is proud of the advancements we have made with our anti-doping program over the past eight years, and we will continue to maintain an independently administered drug-testing program that ensures all UFC athletes are competing under fair and equal circumstances,” he said. “With this new iteration of the program, UFC has once again raised the bar for health and safety in combat sports.”

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Industry group calls for FDA regulation of Kratom

Kratom, the tropical tree native to Southeast Asia, isn’t lawfully marketed in the U.S.— not as a drug product, a dietary supplement, or a food additive in conventional food. However, products prepared from kratom leaves are available in the U.S. through sales on the Internet and at brick-and-mortar stores. 

Kratom is often used to self-treat conditions such as pain, coughing, diarrhea, anxiety and depression, opioid use disorder, and opioid withdrawal.

According to the American Kratom Association, the U.S. Food and Drug Administration is putting consumers at risk because it refuses to regulate kratom properly.  

Mac Haddow, the association’s senior fellow on public policy, says: “Since the FDA  treats all kratom products as the same, consumers have to navigate an increasingly complex marketplace alone.”

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Bipartisan Wisconsin Lawmakers Officially Introduce Marijuana Decriminalization Bill

A bipartisan group of Wisconsin lawmakers have formally introduced a measure to decriminalize marijuana possession after previewing the proposal earlier this month. Sponsors hope the limited, noncommercial reform will win enough support to clear the state’s GOP-controlled legislature and become law in parallel with a separate limited medical cannabis bill that Republican leaders say will be filed in January.

Assembly Bill 861, introduced by Reps. Shae Sortwell (R), Sylvia Ortiz-Velez (D) and Dave Considine (D), along with Sen. Lena Taylor (D), would remove the threat of jail time for simple possession of up to 14 grams of cannabis, replacing criminal charges with a $100 civil penalty.

Under current law, the offense is subject to a maximum $1,000 fine and up to six months in jail.

People caught using or possessing marijuana would also not need to appear in court under change proposed in the bill. Instead, they could simply pay the $100 fine, which would be considered by the court as a plea of no contest.

The measure would also stop courts from “counting” possession convictions involving up to 28 grams of marijuana, meaning people would not be charged as repeat offenders for possession small amounts of cannabis. For larger amounts, the bill would reduce the imprisonment time for repeat convictions from three and a half years down to 90 days.

Possession of drug paraphernalia, meanwhile, would be punishable by a $10 civil forfeiture under the proposal—down from as much as $500 and 30 days in jail.

“For small, simple possessions of marijuana, Wisconsin should not be throwing people in prison,” sponsors said in a cosponsorship memo about a month ago, noting that the state makes an average of 15,485 arrests per year over the minor offense, which is currently punishable by a maximum $1,000 fine and up to six months in jail.

In addition to decriminalizing possession, the bill would also make it so law enforcement would have additional flexibility in how they choose to handle individual cannabis cases. Police would have the choice of whether or not to book and process a person for possession, though they would still be required to collect certain personal information about them.

Another change in AB 861 would limit the liability of employers who choose not to test workers for THC, although that provision wouldn’t apply to positions overseen by the federal Department of Transportation or jobs involving safety and security.

The measure has been referred to the Assembly Committee on Criminal Justice and Public Safety ahead of the start of the state’s legislative session next month.

“Employers across the country have been discontinuing the long-standing practice of drug testing their employees and prospective employees because it is costly,” the lawmakers said in the sponsorship memo. “Employers in Wisconsin should be given the tools to decide for themselves whether or not they wish to continue drug testing for employment purposes by limiting their liability.”

The sponsors also pointed to more than half a dozen other states that have enacted similar reforms.

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Missouri Bills Would Regulate Hemp-Derived Delta-8 THC Like Marijuana

A Republican state senator has filed legislation to renew last spring’s failed effort to regulate intoxicating hemp products in Missouri, such as Delta-8 drinks and edibles.

Delta-8 THC products can be sold in stores in Missouri because the intoxicating ingredient, THC, is derived from hemp, not marijuana which is a controlled substance. And hemp is federally legal.

There’s no state or federal law saying teenagers or children can’t buy them or stores can’t sell them to minors—though some stores and vendors have taken it upon themselves to impose age restrictions of 21 and up.

And there’s no requirement to list potential effects on the label or test how much THC is actually in them.

State Sen. Nick Schroer, a Republican from O’Fallon who chairs the legislative committee that oversees Missouri’s marijuana rules, said the products are too easily accessible to children, particularly teenagers.

“I’ve had constituents reaching out to me saying that their kids had been hospitalized,” Schroer said.

Schroer’s bill would task the Missouri Department of Health and Senior Services (DHSS) with regulating these products, as the agency currently does for the state’s marijuana program. And products would have to be sold at DHSS-licensed dispensaries. State Rep. Chad Perkins, a Bowling Green Republican, has filed a companion bill in the House.

DHSS spokeswoman Lisa Cox said the department does not take positions on proposed bills.

“However,” she said, “we do acknowledge the potential and ongoing public health impact of unregulated THC products.”

Over the past few years, Cox said there’s has been an increase in children going to the hospital for cannabis exposure.

“The department has increased its emphasis on regulatory mechanisms that protect health and children in order to minimize any contribution of the regulated cannabis market to such incidents,” she said. “As of right now, there is no such protective framework for unregulated THC products.”

Sean Hackman, president of the Missouri Hemp Trade Association, said his organization advocates for measures such as prohibiting sales to minors and mandating clear user instructions and rigorous product testing.

“While any overdose report, especially those involving minors, is deeply concerning, this does not constitute a public health emergency but rather an opportunity for improved regulation,” Hackman said in an email to The Independent in response to the legislation.

The association opposes tasking the department with regulating the products and requiring them to be sold in dispensaries.

A similar bill filed by Republican state Rep. Kurtis Gregory of Marshall got stuck in committee during the last legislative session.

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Florida Officials Arrest Two People Accused Of Falsifying Signatures For Marijuana Legalization Ballot Initiative

Florida officials say they’ve arrested two paid canvassers charged with allegedly falsifying signatures on petitions to put a marijuana legalization initiative on the state’s 2024 ballot.

As the state Supreme Court weighs a legal challenge to the ballot measure that was brought by Florida Attorney General Ashley Moody (R), the Florida Department of Law Enforcement (FDLE) said in a news release last week that two individuals are facing multiple felony counts of submitting falsified petitions.

FDLE said that three canvassers are being prosecuted on fraud charges, including one person who was involved in petitioning for an unrelated gambling-related initiative. The department said that “circulators submitted dozens of falsified marijuana and gambling initiatives petitions,” without specifying how many signatures may have been impacted.

“The Florida Constitution is a sacred document by which Florida’s government, voters and citizens are adjudicated,” Florida Secretary of State Cord Byrd said. “Florida Law lays out a detailed process by which issues can be submitted to Florida’s voters for consideration before they are added to Florida’s Constitution.”

“To fraudulently misappropriate this process for personal gain is not only illegal but also violates the trust of law-abiding Floridians across the state,” he said.

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Scientists Published More Than 32,000 Marijuana Studies Over The Past 10 Years, Including Thousands In 2023, NORML Analysis Shows

Researchers have published more than 32,000 scientific papers on marijuana over the past 10 years—including over 4,000 in 2023 alone—according to an analysis from NORML that again calls into question critics’ claims that cannabis is insufficiently studied to be legalized.

The advocacy organization’s analysis is based on keyword searches on the federal National Library of Medicine website PubMed.gov. This year marked the third in the row that cannabis-related papers totaled over 4,000 as researchers continue to explore risks and benefits amid the legalization movement.

“Despite claims by some that marijuana has yet to be subject to adequate scientific scrutiny, scientists’ interest in studying cannabis has increased exponentially in recent years, as has our understanding of the plant, its active constituents, their mechanisms of action, and their effects on both the user and upon society,” NORML Deputy Director Paul Armentano said in a blog post.

“It is time for politicians and others to stop assessing cannabis through the lens of ‘what we don’t know’ and instead start engaging in evidence-based discussions about marijuana and marijuana reform policies that are indicative of all that we do know,” he said.

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Broken promises: How marijuana legalization failed communities hit hardest by the drug war

In the long and contentious fight for marijuana legalization, lawmakers across the country won over skeptical colleagues by promising social justice: The economic benefits of cannabis sales would be targeted at communities marred by decades of racist drug enforcement policies.

New York’s plan would be “transformative” for afflicted communities, said Majority Leader Crystal D. Peoples-Stokes of the state assembly.

Los Angeles, California, would “level the playing field” for the downtrodden, vowed Councilmember Curren Price.

Illinois would “right the wrongs of the past,” proclaimed state Rep. Jehan Gordon-Booth.

The result, almost a decade since the start of the legalization movement, has been a series of increasingly elaborate programs designed to ensure that the spoils of legal marijuana sales — which are projected to hit $35 billion this year, and double again by 2030 — would benefit the communities hardest hit by the war on drugs.

But a POLITICO investigation found that those efforts have failed to deliver the promised economic justice, while overwhelmingly white and wealthy investors seek to benefit from the cannabis boom.

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