Bipartisan Senators Say Marijuana Legalization Disrupts Cartels In Letter Challenging Proposed Menthol Cigarette Ban

A bipartisan group of U.S. senators are acknowledging that state-level marijuana legalization has disrupted the operations of international drug cartels as they raise concerns with the State Department over plans to ban menthol cigarettes and cap nicotine content.

In a letter sent to Secretary of State Antony Blinken last week, Sens. Mark Warner (D-VA), Bob Casey (D-PA), Bill Cassidy (R-LA), Marco Rubio (R-FL) and Bill Hagerty (R-TN) said that prohibitionist policies for certain tobacco products would benefit the illicit market, which is continually evolving in response to new regulatory policies.

The lawmakers used cannabis as an example of how cartel operations shift depending on whether certain substances are prohibited or regulated. Legalization at the state level, they argued, has reduced demand for illicit marijuana.

“As it has become easier to sell marijuana products in the U.S., Mexican TCOs [transnational criminal organizations] have prioritized trafficking fentanyl and other synthetic drugs that are cheaper to manufacture, easier to transport, and generate more profit,” the senators—none of whom are vocal cannabis legalization advocates—said.

Republican senators, including Cassidy, Rubio and Hagerty, made the same point in a letter to the head of the Food and Drug Administration (FDA) last month, imploring the agency to reconsider its plans to ban menthol cigarettes and cap nicotine content.

“TCOs have expanded their operations to include the production and distribution of cigarettes,” the bipartisan group wrote in the new letter to Blinken. “TCOs more generally have taken advantage of drug smuggling routes to import illegal cigarettes into the U.S., contributing to the significant use of smuggled cigarettes.”

The senators included a list of questions for the secretary of state about how the department is dealing with issues related to illicit tobacco trafficking. They asked about the status of interagency work to combat the problem, how efforts to limit tobacco use could empower traffickers and engagement with international partners to address the problem, for example.

“It is clear that threat actors—from transnational organized crime entities to terrorist organizations—are employing increasingly creative tools to subvert controls imposed by the U.S. and our international partners,” they said. “We appreciate the work that the men and women of the Department of State do in countering these efforts, and urge continued action to address these threats.”

The senators’ point about shifting trends in marijuana trafficking as states legalize is bolstered by a Congressional Research Service (CRS) report that was released last year, showing how demand for illicit cannabis from Mexico has continued to drop as more states open regulated domestic markets.

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Ohio’s Local Health Departments Join Marijuana Legalization Opposition Campaign Ahead Of November Vote

An association representing Ohio’s 112 local health departments is opposing a marijuana legalization ballot measure set to go to voters in November, claiming the policy change would only contribute to drug-related problems in the state.

“Making marijuana more accessible through legal recreational use and retail sales hurts Ohio, creates serious new risks for children’s health and makes our workplaces and highways less safe,” the Ohio Association of Health Commissioners warned in a statement Tuesday. “With Ohio’s rates of opiate abuse and overdoses still among the highest in the country, we need to be helping Ohio find solutions to addiction, not facilitating it or the interests of an industry that profits from it.”

Ohio’s secretary of state’s office announced last week that advocates for the legalization measure turned in enough signatures to qualify for the ballot, which prompted statements of support—and opposition—from stakeholders across the state. The health commissioners join the Ohio Children’s Hospital Association and Adolescent Health Association, as well as law enforcement and some business groups, in advocating against the change.

Many of the new opposition group‘s claims treat as settled science issues that other say demand further investigation. For example, a recent federal research from the U.S. Centers for Disease Control and Prevention (CDC) found that teen marijuana use has actually been in decline since legal retailers began opening. And a number of studies have associated cannabis use and legalization with reductions in the use of unregulated opioidsprescription drugs and other regulated substances.

Ohio currently ranks seventh among all U.S. states in terms of drug overdose death rates, after West Virginia, Tennessee, Louisiana, Kentucky, Delaware and New Mexico.

The campaign backing the measure, the Coalition to Regulate Marijuana Like Alcohol, told Marijuana Moment on Tuesday that it’s “confident that Ohioans, just like voters in the states that have come before us, will see through these tired, debunked talking points.”

“Ohio’s current system of prohibition does not work,” said campaign spokesman Tom Haren. “We know that there is an adult-use market in Ohio today. It is called the illicit market. It is completely unregulated, products are not tested and products are not taxed. Also, drug dealers in the illicit market are happy to sell to children without ever checking for ID. This is a reality that is bad for the health of Ohioans.”

In states that have legalized, Haren added, “We know that usage among minors and adolescents does not change. We know that regulation does not adversely affect the workforce, and we also know that it is a boon for state tax revenue.” The measure’s 10 percent proposed tax, for example, “will generate more than $100 million every year to fund substance abuse and addiction treatment.”

In fact the state could see between $257 million and more than $400 million annually in tax revenue through legalization, according to a recent analysis from Ohio State University researchers.

Voters, for their part, appear to be leaning in favor of legalization. A USA TODAY Network/Suffolk University poll published in July found that about 59 percent of Ohioans supported legalizing the possession and sale of cannabis for adults 21 and older. Just 35 percent were opposed.

Republicans officials in Ohio remain divided on the issue. Gov. Mike DeWine said last week that he believes “it would be a real mistake for us to have recreational marijuana,” adding that he visited Colorado following its move to legalize in 2012 and saw what he argued is an “unmitigated disaster.”

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GOP Congressman Threatens Indian Tribe With Loss Of Federal Funding Over Marijuana Legalization

A Republican congressman from North Carolina is urging members of the Eastern Band of Cherokee Indians (EBCI) to reject a referendum next month that would legalize marijuana on tribal land, warning that the move would mean a loss of federal funding under a bill he plans to introduce.

In an op-ed published last week in The Cherokee One Feather, Rep. Chuck Edwards (R-NC) acknowledged that Congress cannot stop the EBCI referendum, set for September 7, from going forward. But he appealed to the tribe’s members to vote against it.

“I proudly consider the tribe my friends, and I respect their tribal sovereignty,” the freshman House member wrote. “But there are times when friends disagree, and I must do so regarding this question of legalizing recreational marijuana. The tribe’s rights should not infringe on the overall laws of our nation.”

Passage of the legalization referendum would bring legal cannabis sales within a short drive of many people in North Carolina, where both medical and adult-use marijuana remain illegal under state law. Sales on EBCI land under the proposal would be open to all adults 21 and older, regardless of tribal membership. And as Edwards noted, the tribe has land holdings “all over western North Carolina.”

“To allow our citizens to travel only a few miles to buy and use this common gateway drug,” wrote Edwards, who opposed cannabis reform in North Carolina during his time as a state senator, “would be irresponsible, and I intend to stop it.”

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Minnesota Governor Dismisses Claims That State Constitution Lets People Sell Homegrown Marijuana Without A License Following Legalization

The governor of Minnesota is pushing back against a legal argument that the state Constitution allows people to sell their homegrown marijuana without obtaining a license, stating that it was “not our intention” to authorize that type of commerce under the legalization legislation he signed into law this year.

While adults 21 and older may now possess, cultivate and gift cannabis under the law that took effect at the beginning of the month, retailers (beside those operated by tribes) are not expected to open for at least another year. As the law was being drafted, however, some advocates said that Section 7, Article XIII of the Minnesota Constitution gave farmers another option to begin marijuana sales outside of the licensing scheme.

That section, enacted in 1906 after a farmer was penalized for selling melons out of his wagon, states that “any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license.”

It doesn’t specify what kinds of products may be sold—and now that cannabis is legal, certain advocates are making the case that the policy is applicable to homegrown marijuana. Others want lawmakers to revise the new legalization law so that it explicitly protects the rights of farmers to sell their own cannabis without a license.

Gov. Tim Walz (D), a strong proponent of the state’s legalization law, said during a press conference last week that he and lawmakers didn’t intend to create that alternative commerce pathway, though he didn’t necessarily speak to the merits of the constitutional argument. He said he hasn’t had any “substance conversations” with legislative experts or commerce officials about the possibility.

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Young People At Risk Of Psychosis Saw Symptoms ‘Surprisingly’ Improve With Marijuana Use, Study Finds

A new study of teens and young adults at risk of developing psychotic disorders found that regular marijuana use over a two-year period did not trigger early onset of symptoms—contrary to the claims of prohibitionists who argue that cannabis causes mental illness. In fact, it was associated with modest improvements in cognitive functioning and reduced use of other medications.

A team of researchers at Zucker Hillside Hospital, Stanford University School of Medicine, University of Michigan and University of California at Davis carried out the study, which was published Tuesday in the journal Psychiatry Research.

“Recreational cannabis use has recently gained considerable interest as an environmental risk factor that triggers the onset of psychosis,” the study authors wrote. “To date, however, the evidence that cannabis is associated with negative outcomes in individuals at clinical high risk (CHR) for psychosis is inconsistent.”

To investigate, the team tracked 210 CHR patients ages 12–25 who participated in an Early Detection and Intervention for the Prevention of Psychosis Program (EDIPPP). Over the course of two years, researchers compared the mental health and prescription medication usage of people who regularly consumed marijuana to non-users.

The study found that “continuous cannabis use over 2-years of follow-up was not associated with an increased psychosis transition rate, and did not worsen clinical symptoms, functioning levels, or overall neurocognition.”

“Nevertheless, our findings suggest that continuously using cannabis may be associated with slightly elevated, albeit non-significant, attenuated positive symptom levels relative to non-users,” the researchers said.

“CHR youth who continuously used cannabis had higher neurocognition and social functioning over time, and decreased medication usage, relative to non-users,” they reiterated. “Surprisingly, clinical symptoms improved over time despite the medication decreases.”

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Marijuana laced with fentanyl? Claims unfounded, doctor says

Police departments across the country have recently warned of finding marijuana laced with fentanyl, but one doctor is cautioning not to put too much stock in the warnings.

Concerns over fentanyl have grown as more drugs are being laced with the deadly narcotic. Authorities in states including AlabamaIllinoisLouisiana and New York all claimed to have begun finding fentanyl-laced marijuana.

In one of the most recent cases, the district attorney in Montgomery County, Pennsylvania, just outside Philadelphia, said Friday that police discovered THC gummies that contained fentanyl and claimed the supposedly tainted product was responsible for two overdoses.

But the office walked that back Monday, saying testing conducted over the weekend found that the products “did not alert to any illegal drugs at the lab’s threshold level of detection.”

One doctor who argues the reports should be taken with a grain of salt is Dr. Ryan Marino, a toxicologist who has conducted extensive research on fentanyl exposure.

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Medical Marijuana Company Slams DEA In Lawsuit Alleging Extreme Delays To Cannabis Research Licensing

A company focused on developing marijuana-derived pharmaceuticals is suing the Drug Enforcement Administration (DEA) over what it calls “exponential delays” in the agency’s process for granting licenses to grow cannabis for medical research.

Rhode Island-based MMJ BioPharma Cultivation Inc. filed a petition for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit on Friday, alleging that DEA’s yearslong licensing application process has hamstrung the company’s business and stymied innovation that could benefit patients. It’s asking the federal court to compel the agency to act.

“Despite beginning this process in November of 2017,” the company says in the lawsuit, “MMJ has been unable to conduct the research that it was created to do.”

MMJ is working to produce a gel capsule containing cannabis extracts, which it says is intended to treat multiple sclerosis and Huntington’s disease. While it previously received DEA authorization to import marijuana into the U.S. from Canada, MMJ later applied for permission to cultivate cannabis in-house for research and development purposes.

“This registration is essential to MMJ’s ability to conduct FDA-sanctioned clinical trials,” the company says, “because without the ability to cultivate their own marijuana, they are unable to produce the proper compound.”

MMJ asserts that DEA’s pre-registration investigation for the license application began in June 2021 and lasted through the following October. “At the end of the visit, the diversion investigator informed MMJ that they would return to the DEA office, ‘write up’ the report, and submit the report to their group supervisor who would then submit those findings to DEA Headquarters for a final determination,” the suit says.

But according to the petition, no final determination ever came. “Despite numerous attempts to follow-up and check the status of the registration approval determinations for manufacturing, DEA personnel have expressed to MMJ that they have not yet made final determinations and they have no idea when that determination will be made,” it says.

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Let’s Dispel The Myth That Cannabis And Tobacco Smoke Are Equally Hazardous To Health

A growing percentage of Americans perceive smoking cannabis to be less dangerous than smoking tobacco cigarettes. They’re correct, but you wouldn’t know it from reading the recent slew of media headlines.

“Many Americans wrongly believe exposure to marijuana smoke is safer than tobacco,” screamed CNN. Coverage of the survey data in Everyday Health warned, “People Underestimate the Health Risks of Smoking Marijuana.” Syndicated coverage of the study by US News and World Report similarly lamented, “More Americans Than Ever Believe Marijuana Smoke is Safer Than Cigarette Smoke. They’re Wrong.”

In fact, it’s the news media that’s in error.

Numerous studies assessing the long-term health impacts of cannabis smoke exposure belie the myth that marijuana is associated with the same sort of well established, adverse respiratory hazards as tobacco.

For example, federally funded research performed by scientists at the University of California, Los Angeles compared the lifetime risk of lung cancer among more than 2,000 long-term marijuana smokers, tobacco smokers, and non-smokers. Investigators determined that those who regularly smoked cigarettes possessed a 20-fold higher lung cancer risk than did non-smokers. By contrast, those who only smoked marijuana possessed no such elevated risk.

“We hypothesized that there would be a positive association between marijuana use and lung cancer, and that the association would be more positive with heavier use,” the study’s lead author explained. “What we found instead was no association at all, and even a suggestion of some protective effect.”

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Minnesota Indian Tribe Plans To Launch Marijuana ‘Food Truck’ To Expand Business Across The State

A tribe in Minnesota that’s currently operating one the state’s only adult-use marijuana shops says it’s planning to open a mobile dispensary—effectively a cannabis “food truck” that can travel and do business on tribal land throughout the state.

The Red Lake Band of Chippewa Indians, which opened its doors to adult consumers on the day that a legalization law took effect this month, said it’s currently serving about 300 customers per day at its flagship location in Red Lake, with some people driving hours to visit the northern Minnesota town.

Now the Red Lake Nation’s NativeCare retailer wants to expand its operation and bring cannabis to more markets by moving around with the ability to set up shop anywhere on tribal territory.

Tribal Secretary Samuel Strong told Minnesota Public Radio that he’s “very excited to see how the community will respond.”

“Obviously, there’s some more security concerns that would be involved with a food truck, but very similar to that concept,” he said. “You know, setting up shop and being able to serve customers and have the same level of customer service while being mobile and being more available to our consumers.”

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Alabama Judge Halts Medical Marijuana Licensing Again, This Time Over Alleged Open Meetings Violations

A Montgomery County Circuit Judge Thursday put a hold on Alabama’s medical cannabis program amid a lawsuit alleging the Alabama Medical Cannabis Commission (AMCC) violated the state’s Open Meetings Act at its most recent meeting.

The stay, issued by Judge James Anderson, followed a heated hearing where an attorney for the AMCC suggested the commission would air applicants’ “dirty laundry.”

Applicants denied a license won’t be able to request an investigative hearing until after the stay is lifted, and the commission will have to put site visits and evaluations on hold. AMCC Director John McMillan said that it will be “impossible” to issue licenses at an August 31 meeting.

“We’ll most likely have to schedule another meeting,” McMillan said after the hearing, and added that they would have to complete site visits.

Alabama Always, which sued the commission last month over the appointment of former chair Steven Stokes, filed a lawsuit against the AMCC, alleging the commission violated the state’s open meetings law at its August 10 meeting. The company, which applied for but did not receive a license, alleged that commission members privately nominated companies for public votes on license awards during an executive session.

The lawsuit alleges that commission members were instructed to seal their nominations in an envelope during the executive session, and the companies with the most nominations received a public vote in the August 10 meeting.

The AMCC re-awarded licenses for the production and distribution of medical cannabis at the August 10 meeting, two months after stopping earlier awards amid questions about the evaluation of applications.

The judge allowed other parties to join the suit by the end of the week. Alabama Always and other companies suing AMCC will have to prove that the commission violated state law.

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