Tag: the war on (some) drugs

Florida Bill Would Let People With Opioid Use Disorder Qualify For Medical Marijuana

A newly introduced bill in the Florida Senate would expand eligibility for the state’s medical marijuana program by adding as a qualifying condition “an addiction to or dependence on an opioid drug.”

The legislation, SB 778, was filed Monday by Sen. Carlos Guillermo Smith (D). If enacted, it would take effect on July 1 of this year.

Current qualifying conditions for medical marijuana in Florida include cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis, terminal conditions and chronic pain caused by a qualifying condition, according regulators at the state’s Office of Medical Marijuana Use (OMMU).

The new bill has not yet been referred to a committee, according to the state Senate website.

Smith has in the past also filed legislation to legalize cannabis for adults, and last year he criticized Gov. Ron DeSantis (R) for spending the state’s opioid settlement funds on advertisements opposing Amendment 3, an industry-funded ballot measure that would have legalized adult-use cannabis in the state.

“Thousands of Floridians have died from opioid overdoses. ZERO Floridians have died from marijuana overdose,” he said on social media last October. “Yet DeSantis is spending MILLIONS of Florida’s opioid settlement money meant to fight the opioid crisis on his prohibitionist anti-freedom, anti-marijuana campaign.”

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Federal Court Rejects Washington Doctor’s Effort To Legally Access Psilocybin For End-Of-Life Patient Care

A federal appellate court has rejected the latest effort by a Washington State doctor who is seeking to legally use psilocybin to treat cancer patients in end-of-life care, ruling that the Drug Enforcement Administration (DEA) provided a reasonable explanation in denying the doctor’s request.

In an opinion filed on Thursday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejected arguments from lawyers for Dr. Sunil Aggarwal and his clinic, the Advanced Integrated Medical Science (AIMS) Institute that DEA’s denial of Aggarwal’s efforts was arbitrary and capricious

“DEA’s decision to deny AIMS’s request was neither arbitrary nor capricious,” the court concluded. “We therefore deny AIMS’s petition for review of the DEA’s decision.”

Aggarwal and AIMS have been working since at least 2020 to find a way to legally obtain psilocybin for patients in palliative care, initially seeking to win permission from regulators under state and federal right-to-try laws.

When DEA rebuffed that request, Aggarwal sued. In early 2022, a federal appellate panel dismissed the lawsuit, opining that the court lacked jurisdiction because DEA’s rejection of Aggarwal’s administrative request didn’t constitute a reviewable agency action.

The latest Ninth Circuit ruling results from Aggarwal’s responses to that ruling. In February 2022, the doctor filed a formal petition with DEA to reschedule psilocybin from Schedule I to Schedule II under the federal Controlled Substances Act (CSA)—the denial of which is a reviewable action. He also applied for a regulatory waiver to obtain psilocybin.

DEA denied Aggarwal’s petition in September 2022 and rejected the waiver request the next month. The doctor’s Ninth Circuit case challenged both decisions.

“Following the dismissal of its earlier petition, AIMS returned to DEA with a concrete request. AIMS asked EA to exempt Dr. Aggarwal from registration under the CSA, either by finding that Dr. Aggarwal’s proposed use of psilocybin was not covered by the CSA’s registration requirement or by waiving the registration requirement,” Judge Marsha Berzon, a Clinton appointee, wrote for the court in Thursday’s opinion. “DEA declined to take action, and AIMS again petitioned for review. Because DEA’s response was neither arbitrary nor capricious, we deny AIMS’s petition for review.”

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RFK Jr. Says Marijuana Can Have ‘Catastrophic Impacts’ On Consumers, But State-Level Legalization Can Spur Research On Its Harms And Benefits

Fresh off his Senate confirmation vote to become the secretary of the U.S. Department of Health and Human Services, Robert F. Kennedy Jr. said on Thursday that he is “worried about” the normalization of high-potency marijuana and that he feels its use can have “really catastrophic impacts” on people, but that state-level legalization can facilitate research into its harms and benefits.

Kennedy, who was vocal about his support for marijuana legalization when he was running for president—as well as during his time on the Trump transition team—has been notably silent on cannabis policy issues over recent months as he worked to win over senators to secure confirmation for the country’s top health role.

Now, during his first major media interview since receiving that final vote to secure the cabinet position earlier in the day, Kennedy told Fox News’s Laura Ingraham that he believes cannabis does hold serious harm potential.

The HHS secretary, who personally struggled with drug addiction during his youth, was asked about his cannabis policy position and noted that he’s been in recovery for over 40 years and attends daily 12-step meetings.

“I hear stories all the time of the impacts of marijuana on people—and the really catastrophic impacts on them,” he said.

However, Kennedy said “that worry also has to be balanced [with] the impacts that we’ve had before” as it relates to criminalization.

“Twenty-five states [have] now legalized marijuana, but we had about a third of our prison population that was in jail because of marijuana offenses,” he said. “That’s something we don’t want either.”

“Because of the legalization of recreational marijuana in 25 states, we have now a capacity to really study it and to compare it to states,” he said. “We need to do studies. We need to figure it out, and then we need to we need to implement policies to address” any health concerns.

Of course, HHS has already completed a comprehensive scientific study into cannabis that led the agency under the Biden administration to recommend moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA).

The new comments come on the same day that Sen. Pete Ricketts (R-NE) said he received a commitment from Kennedy to “follow the science on the harms of marijuana.”

Ricketts had already disclosed last week that he spoke to Kennedy about the the “importance” of “preventing the expansion of marijuana.” Now he says “RFK committed to me that he would follow the science on the harms of marijuana.”

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Montana GOP Senator’s Bill Would Require People To Register And Pay A $200 Annual Fee To Use Recreational Marijuana

Marijuana reform advocates are sounding the alarm after a Montana GOP senator filed a bill that would require adult-use cannabis consumers to register and pay a $200 annual fee to participate in the legal program that voters approved in 2020.

Sen. Greg Hertz (R) introduced the legislation, SB 255, last week. It would create a registration system similar to what’s in place for medical cannabis in many states—except that this would be for adults in a recreational market, with a significantly higher annual fee.

Adults would need to pay the $200 fee to obtain a cannabis card from the state Cannabis Control Division (CCD). Participants would need to pay that fee each year for renewal under the proposal.

Upon applying for the card, there would be a 60-day period where adults could access marijuana from licensed retailers. But if they don’t pay the fee by the end of that window, the division “shall cancel the temporary marijuana identification card.”

“This is an outrageous attempt to gut the will of the people and re-criminalize cannabis for most Montanans. Voters legalized cannabis for all adults 21 and older,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), told Marijuana Moment on Thursday.

“No other adult-use state forces cannabis consumers to enroll in a state registry, and the people’s initiative explicitly prohibits this surveillance and government overreach,” she said. “Re-criminalizing cannabis for anyone who does not pay $200 per year to register with the state is an affront to Montana voters who made their voices clear when they passed Initiative I-190.”

The text of the bill states that a “marijuana cardholder shall keep the individual’s marijuana identification card in the individual’s immediate possession at all times. The marijuana identification card and a valid photo identification must be displayed on demand of a law enforcement officer, justice of the peace, or city or municipal judge.”

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Trump asked to shut down NYC ‘injection sites’ where drug addicts consume with impunity

The Trump administration is being urged to shut down two controversial city-approved “safe” injection sites — where drug addicts can use illegal drugs like meth, heroin and cocaine under supervision.

Republican US Rep. Nicole Malliotakis is asking Trump to step in to close the government-sponsored centers in East Harlem and Washington Heights, saying they violate federal law.

“These sites not only enable but also perpetuate illegal drug use,” Malliotakis wrote in a Feb. 11 letter to Attorney General Pam Bondi, a copy of which was obtained by The Post.

The Staten Island congresswoman cited a Third Circuit of Appeals ruling in Philadelphia that concluded it was a federal crime to “open a supervised injection site or ‘consumption room’ for illegal drug use.”

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The origins of cannabis smoking: Chemical residue evidence from the first millennium BCE in the Pamirs

Mind-altering plants can produce various altered states of consciousness and have thus played important roles in ritual and/or religious activities in various areas of the world (1–4). In prehistoric and early historic Central Eurasia, many plants were used for their secondary compounds, and several are still in prominent use today, notably the opium poppy (Papaver somniferum), ephedra (Ephedra spp.), and cannabis (Cannabis sativa). Plants in the Cannabis genus represent a hybrid complex, with ongoing controversy relating to taxonomy; the lack of taxonomic clarity combined with continual gene flow between wild and domesticated populations has hampered attempts to study the origins and dispersal of this plant (5, 6). Wild cannabis grows across many of the cooler mountain foothills from the Caucasus to western China, especially in the well-watered habitats of Central Asia. However, cannabinol (CBN) levels in most wild cannabis plant populations are low, and it remains a largely unanswered question as to when, where, and how the plant was first cultivated for higher psychoactive tetrahydrocannabinol (THC) production (6). Little is known about the prehistoric use of cannabis outside eastern China, where it was domesticated as an oil-seed crop (7, 8). While recent well-reported and photographed cannabis macroremains have been recovered from burials in the Turpan Basin (ca. 800 to 400 BCE) in northwest China, suggesting shamanic or medicinal uses (9, 10), these discoveries do not adequately reveal how the cannabis plant was used.

Historically, cannabis plants used for ritual and medicinal purposes involved oral ingestion or inhaling the smoke or vapors produced by burning the dried plant. Smoking is defined as the act of inhaling and exhaling the fumes of burning plant material (11) and is today often associated with cigarettes, cigars, and pipes. However, smoking pipes were likely introduced to Eurasia from the New World (12), and no clear evidence exists for them in Central Asia before the modern era. The practice of smoking or inhaling cannabis fumes in ritual and recreational activities was documented in Herodotus’ fifth-century BCE The Histories (13) and was supported by the discovery of carbonized hemp seeds in burials from a handful of sites in Eurasia (1, 14, 15). However, most of the archaeological reports of ancient drug remains were published several decades ago, and re-examination of some of these reports has led to the claims being refuted (discussed below). Modern scientific studies are thus needed to corroborate the remaining reports. Here, we investigated residues from archaeological artifacts recovered in the Pamir Mountains (Fig. 1Opens in image viewer), a region that served as an important culture communication channel through Eurasia, linking ancient populations in the modern regions of China, Tajikistan, and Afghanistan. The chemical analysis reveals ancient cannabis burning and suggests high levels of psychoactive chemicals, indicating that people may have been cultivating cannabis and possibly actively selecting for stronger specimens or choosing plant populations with naturally high terpenophenolic secondary metabolites (6). Alternatively, a process of domestication through hybridization between wild and cultivated subspecies may have inadvertently led to stronger chemical-producing plants through human dispersal and subsequent selection (7).

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GOP Florida Lawmaker Wonders If State’s Medical Marijuana Program Is ‘Causing More Harm Than Good’

With nearly 900,000 registered patients, Florida has the largest medical marijuana program in the country. While campaigning against a proposed constitutional amendment that would have legalized recreational cannabis last year, Gov. Ron DeSantis (R) hailed the medical program, boasting that he had legalized smokeable weed in the state in 2019.

But that doesn’t mean the Florida GOP-controlled legislature is all in with medical marijuana, and on Tuesday one House member asked a state doctor charged with analyzing the effectiveness of cannabis as medicine if its use by Floridians poses more of a risk than a benefit.

“You’ve made it very clear that there needs to be more research across the gamut of this area, but you’ve also made it clear that a lot of the research that you do have shows this program to be of questionable medical value,” said Northeast Florida Republican Dean Black to Dr. Almut Winterstein, a professor in the College of Pharmacy at the University of Florida and director of the Consortium for Medical Marijuana Outcomes Research.

“My question is, do you fear that we’re causing more harm than good?”

Winterstein replied that the question illuminated the “conundrum” that exists when it comes to the medical efficacy of cannabis, which because it is listed as a Schedule I controlled substance by the federal government has always had restrictions placed on research. (The Biden administration proposed last year to reclassify the substance as a Schedule III controlled substance).

“That is concerning,” she said in response to Black’s query. “That doesn’t mean that there are not patients who might massively benefit from this, but we haven’t defined the benefit of this.”

In her presentation to the House Professions & Programs Subcommittee, Winterstein reported rapid growth among young adults up to age 25 in Florida in listing anxiety as the medical condition motivating them to seek a medical marijuana prescription. She said that was “fairly strong evidence that marijuana attacks the developing brain negatively—specifically, cognitively.”

But she said that was very different than looking at patients suffering from chronic pain or other medical conditions. 

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Rep. Addison McDowell: Trump Using Trade to Address ‘Chemical Warfare Against the American People’

The fentanyl crisis is not a drug crisis but “a chemical warfare against the American people,” Rep. Addison McDowell (R-NC) said during an appearance on Breitbart News Saturday.

Discussing how President Donald Trump is using trade to force Mexico and Canada to help secure the borders — thereby stopping the flow of fentanyl into the country –McDowell said this issue hits close to home for him, as he lost his brother to fentanyl poisoning.

“My little brother died from a fentanyl poisoning in 2016. He was 20 years old, and it’s fentanyl that we’re almost certain came up through our southern border. And this is not a unique story to me, but I know personally what this is like,” he said, noting that Friday would have been his brother’s 29th birthday.

“It’s at the front of my mind, and it always is, because it’s something that I’ve had to learn to live with, and I shouldn’t have to,” he said, recalling when Trump endorsed him in his race. He said he told Trump his story and said, “Sir, you’re the only person that’s been taking the border seriously, and you need somebody that’s going to be behind you 100 percent, and that person is me.”

“I know the pain that this stuff causes,” he said, adding that Democrats are making excuses.

“We voted on the HALT Fentanyl Act in Congress this week, and there were 107 Democrats that voted against it. And we’re debating this on the floor. They’re saying things like … ‘We don’t need to send people to prison over this.’ I would so much rather my brother be in jail than dead. Democrats don’t seem to get that,” he said.

“And it’s — this is not a drug crisis. It’s a chemical warfare against the American people, and it’s being fueled by the cartels and the Chinese Communist Party, and President Trump is holding them accountable,” McDowell said.

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Arkansas Senate Passes Bill To Use Medical Marijuana Revenue To Fund Free Breakfasts For Students

The Arkansas Senate has approved a bill to set aside revenue from medical marijuana taxes to pay for free breakfast for students.

The legislation, SB 59, would supplement federal free and reduced-price meal funds with money from a state Food Insecurity Fund, paid for by cannabis taxes as well as private grants and money from the state’s general fund.

Bill sponsor Sen. Jonathan Dismang (R), noted ahead of the floor vote that “25 percent of our kids wake up food insecure every single day when they go to school.”

“Sometimes that meal that they get at school is the only nutritious meal they get in a day,” he said. “These kids have no way to feed themselves, and if they have parents that aren’t willing to sign the cards or send them with money, those districts are required to feed them, and they build up debt. But this would allow every kid in the state of Arkansas to be entitled to have a free breakfast.”

The legislation would provide meals to students regardless of whether or not they qualify for free or reduced-cost food under federal law.

“We would ask the first of federal dollars that are available be utilized, and anything else that’s remaining,” Dismang said. “The state of Arkansas would pick up utilizing the medical marijuana dollars to help make that district whole for providing that breakfast.”

The measure passed by a vote of 26-2 days after it was unanimously approved by the Senate Education Committee. It now heads to the House of Representatives for consideration.

The Senate’s passage of SB 59 follows an endorsement of the proposal last month from Gov. Sarah Huckabee Sanders (R), who previewed the bill in her State of the State address. Notably, Sanders, a former press secretary under the first Trump administration, has historically resisted cannabis policy reform.

“We will also use those funds to make school breakfast in Arkansas completely free for any student that chooses to participate,” she said in the speech, saying the use of medical marijuana funds would make the program “sustainable for years to come.”

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New GOP Bill Would Block Marijuana Industry Tax Deductions, Even After Federal Rescheduling

Two GOP senators have introduced a bill that would continue to block marijuana businesses from taking federal tax deductions under Internal Revenue Service (IRS) code 280E—even if it’s ultimately rescheduled.

Sens. James Lankford (R-OK) and Pete Ricketts (R-NE) filed the “No Deductions for Marijuana Businesses Act” on Thursday to maintain the tax barrier for the industry, which has been eagerly following the ongoing administrative process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) in large part because it would address their 280E challenges under current law.

While rescheduling isn’t a guarantee, and Drug Enforcement Administration (DEA) hearings on the proposal have been delayed, the senators are aiming to preemptively take the wind out of the industry’s sails.

The bill would amend the IRS code to say that, in addition to all Schedule I and Schedule II drugs, businesses that work with marijuana specifically would be barred from taking tax deductions that are available to other industries.

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