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  4. Spiritual health practitioners “bring unique and specific expertise to psychedelic-assisted therapy,” researchers at Emory University concluded in a recently published study, noting that therapy teams could benefit from including the professionals in their work. “Psychedelic dosing often produces highly impactful, and sometimes challenging, experiences with pronounced effects on spirituality, worldview, and metaphysical perspectives,” wrote authors of the report, published in the journal PLOS ONE. Spiritual health practitioners (SHPs) “may have unique, and uniquely valuable, contributions to support the participant’s wellbeing and helping them benefit” from psychedelic-assisted therapy (PAT). As the paper explains, SHPs include those who traditionally served “as chaplains or military settings to provide religiously-based pastoral care to those who share their denomination,” though the term has also come to mean “providing spiritual support for people of any or no religious affiliation.” Despite that broad description, the work typically requires significant training. Qualifying as a board certified chaplain, for example, “involves completion of 1600 clinical and educational hours, 2000 hours of additional clinical practice, endorsement from a religious/spiritual community, submission of four position papers, and committee approval based on demonstration of 31 competencies”—usually after years of seminary and theological training. Authors noted the long history of religious and spiritual use of psychedelics, especially in some indigenous traditions, which has often intertwined with medical and therapeutic use. “A core professional role of SHPs is to address spiritual needs, which are defined as concerns deemed sacred by a person within their life and may or may not include religious components,” they explained. “Given the prevalence and importance of spiritual content in psychedelic experiences, and its potential as a mediator of therapeutic effects, SHPs are uniquely positioned to contribute to PAT in ways likely to optimize its therapeutic benefit.” The report is the product of the eight-author research team’s interviews with 15 spiritual health practitioners with experience facilitating psychedelic therapy in legal settings. Authors then analyzed “their contributions, application of expertise and professional background, and roles in administering these therapies.” The team said the study is notable in part because the roles and competencies of SHPs in PAT “have not been described in research.” “As physicians are competent to respond to psychological concerns, and mental health practitioners are competent to respond to psychological concerns,” their report concludes, “SHPs are competent to respond to spiritual concerns of the psychedelic experience.” And as more patients who are suffering continue to turn to psychedelic-assisted therapy (PAT), it reasons, “treatment teams will have the opportunity to respond to these needs in a holistic manner, taking into account the full dimension of the human experience, inclusive of spiritual dynamics through inclusion of SHPs on their interdisciplinary teams.” Specifically, researchers said, their qualitative analysis found seven themes that illustrated SHPs’ potential usefulness in PAT, which they divided into unique versus general contributions. Unique contributions to a therapy team included competency to work with spiritual material, awareness of power dynamics, familiarity with non-ordinary states of consciousness, holding space and offering a counterbalance to more traditional Western biomedical perspectives. General contributions, meanwhile, included fluency with generalizable “therapeutic repertoire” as well as adding to interdisciplinary collaboration. Though the findings suggest that the incorporation of spiritual health practitioners could benefit some participants in psychedelic-assisted therapy, the study acknowledges it has some limitations. Most notably, because the survey responses from SHPs were qualitative and retrospective, the study “cannot address questions of causality or speak to the effectiveness of the therapeutic approaches used by the SHPs.” To support adequate sampling, the report added, the study also relied on the interviewers’ professional network, which “may have biased inclusion of professionals who share views similar to those held by the [interviewer], and may have biased responses toward those aligned with those views.” The study also relied solely on interviews with SHPs practicing in legal contexts, which the report says “may have excluded perspectives of of SHPs with experience in community based (i.e., “underground”) contexts.” “In community-based settings, SHPs or spiritual guides have been providing psychedelic-assisted care for decades, sometimes building from ancient practices in indigenous communities, suggesting a wealth of knowledge that may inform the conduct of PAT in medical settings,” authors noted. “In the field at large, there has been limited research addressing the experience of Black, Indigenous and people of color with PAT. This limitation characterizes the present research about SHPs providing PAT. In our study SHP participants were predominantly white, and the study included limited perspectives of those who identified as Black, Indigenous, and people of color.” Limitations notwithstanding, interviews with the SHPs demonstrated that the care providers “have emerged as essential members of the interdisciplinary care team offering bedside care to patients and their care partners,” the study found. The findings come as support builds for broader access to psychedelic-assisted therapy, including among the nation’s military veterans. Another recent study found that strong majorities of active duty military, 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. Currently, there are no Food and Drug Administration (FDA)-approved psychedelic therapies—but that could change in 2024. The FDA granted priority review to a new drug application for MDMA-assisted therapy following the completion of multiple clinical trials that supported the drug’s effectiveness as a therapeutic for moderate and severe PTSD. If the application is approved, the Drug Enforcement Administration (DEA) would then need to reschedule MDMA accordingly. It would become the first psychedelic in history to be approved as a pharmaceutical. The federal agency has already designated MDMA and psilocybin as breakthrough therapies for the treatment of post-traumatic stress disorder (PTSD) and severe depression, respectively. The Multidisciplinary Association for Psychedelic Studies (MAPS) published the results of a recent Phase 3 trial in the journal Nature in September, finding that MDMA “significantly attenuated PTSD symptomology versus placebo with therapy.” Meanwhile, a separate study, by researchers at New York University’s Langone Center for Psychedelic Medicine and the Centre for Psychedelic Research at Imperial College London recently found that pairing MDMA with either psilocybin or LSD helped people overcome the “challenging experiences” associated with use of psilocybin or LSD alone. In 2022, the Biden administration said it was “actively exploring” the possibility of creating a federal task force to investigate the therapeutic potential of psilocybin, MDMA and others ahead of the anticipated approval of the substances for prescription use. In California, meanwhile, Gov. Gavin Newsom (D) signed a bill in October that would allow doctors to immediately start prescribing certain currently illicit drugs like psilocybin and MDMA if they’re federally rescheduled. Last year, Australia legalized MDMA and psilocybin for use by prescription. Maryland Senate Approves Psychedelics Task Force Bill To Study ‘Equitable And Affordable’ Access To Psilocybin And DMT The post Spiritual Health Practitioners Bring ‘Unique, And Uniquely Valuable’ Expertise To Psychedelic-Assisted Therapy, Study Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  5. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.” By Blair Miller, Daily Montanan The Montana Supreme Court on Friday afternoon denied the State of Montana’s request to pause a lower court decision ordering the governor and secretary of state to send out an override poll for a marijuana fund redistribution bill Gov. Greg Gianforte (R) vetoed at the end of the 2023 legislative session. Gianforte and Secretary of State Christi Jacobsen (R) officially filed their notice of appeal on Wednesday of Lewis and Clark County District Court Judge Mike Menahan’s district court rulings, which said the two officials have “interrupted the political process in an impermissible way” by blocking a chance for lawmakers to override the Senate Bill 442 veto. On Thursday, the two defendants asked the Supreme Court to pause Menahan’s order pending the full appeal, arguing that if the override poll was sent out and lawmakers override the veto, their legal claims will be rendered moot. But the justices disagreed, saying attorneys for Gianforte and Jacobsen have not proven that is the case, and saying the court is certainly able to address the appeal of Menahan’s ruling on veto procedure while a poll is conducted. At issue is whether to change how revenue from recreational marijuana taxes is distributed. A supermajority of lawmakers, including both Democrats and Republicans, supported the idea of allocating more of the revenue toward outdoor and wildland habitat acquisition and distributing it to counties for road improvement, ideas which Gianforte rejected. “Because the fate of SB 442 could ultimately go either way, a stay denial does not moot Appellants’ appeal. Appellants have not demonstrated irreparable harm,” six justices wrote in Friday’s unanimous opinion. The only justice who did not sign the opinion was Dirk Sandefur. The justices did allow the appeal to proceed, but the high court’s order means that the governor will have to send his veto message to Jacobsen, who will have to send out an override poll to lawmakers by Tuesday, March 19, per Menahan’s order. “We are thankful to the Montana Supreme Court for upholding the constitution and requiring the governor and secretary of state to issue the override poll with haste,” said Noah Marion, the political and state policy director for Wild Montana, one of three plaintiff groups in the case that helped craft the bill last year. “We look forward to helping Sen. [Mike] Lang and the Legislature finally make SB 442 law; sending millions of dollars across Montana benefitting infrastructure, veterans, mental health, agriculture and timber industries, wildlife, public access, hunter and anglers.” Once the override poll is sent out, it will have been more than 10 months since Gianforte vetoed the bill, sponsored by Sen. Mike Lang (R-Malta), which passed with 130 votes out of 150 possible, in what would be the final hours of the legislative session. Senators did not learn the bill had been vetoed until they adjourned sine die last May 2, causing a storm of confusion among lawmakers and lobbyists who worked for months to get the bill into its final form and brought in a wide range of supporters on the industry side and among lawmakers because it both put more money toward a Habitat Legacy conservation program and funded county road maintenance. Competing bills supported by the governor and some Republicans sought to put more money toward the Department of Justice and the General Fund but were pushed aside by lawmakers in favor of the final version of SB 442. The question at the heart of Gianforte’s veto was whether he properly vetoed the bill while the full Legislature was still in session or not, as his office had said he vetoed the bill before the Senate adjourned, but the veto message was never read across the Senate rostrum where the bill originated. The governor and a legal opinion from the code commissioner each maintained that since the House was still in session, the full body was in session. But the plaintiffs—Wild Montana, the Montana Association of Counties, and the Montana Wildlife Federation—sued to challenge their stance, saying lawmakers must have an opportunity to override a veto, and had not gotten one. After hearing arguments in the case in December, Menahan in January ordered Gianforte to transmit the veto to the secretary of state and for her to send the override poll out to lawmakers. Two-thirds of the Legislature will have to vote to override the veto for it to be successful. The governor balked at the order, asking Menahan to pause his own order in February. But Menahan also denied the stay request, saying time was running out before the 2025 session starts and the lawmakers must have the chance to vote on an override or the “crucial balance of powers” will be upset between the branches of government. “Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” Menahan wrote in the order earlier this month. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.” The governor’s office had told the Daily Montanan in February it planned to appeal Menahan’s January decision to the Supreme Court, but it did not file that notice until this week, along with the request for the stay. The Supreme Court’s four-page opinion returned one day after the request for the stay says the court can get to the bottom of the constitutional veto issues without one. “Although the Legislature must vote on whether to override SB 442, the outcome of the underlying appeal will determine whether the District Court’s ruling was correct, and therefore whether the governor’s veto ultimately stands over the Legislature’s vote,” the justices wrote. “This Court can address the underlying issue in due course regardless of whether we issue a stay.” The court’s ruling clears the way for the groups and Lang to try to keep hold of the strong bipartisan support they received for the bill at the end of last year’s session. The governor’s request for a stay postulated that perhaps support has waned in the months since the session. But the plaintiffs in the case say they are pleased that they will have the opportunity to prove that theory wrong. “Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process,” said MACo Executive Director Eric Bryson. “We appreciate and commend the Supreme Court for promptly addressing the matter.” This story was first published by Daily Montanan. Maryland Senate Approves Psychedelics Task Force Bill To Study ‘Equitable And Affordable’ Access To Psilocybin And DMT Photo elements courtesy of rawpixel and Philip Steffan. The post Montana Supreme Court Clears Path For Lawmakers To Override Governor’s Marijuana Revenue Bill Veto appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  6. The Maryland Senate has unanimously approved a bill to create a psychedelics task force to study and make recommendations on a possible regulatory framework for substances such as psilocybin and DMT. It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. Three days after the measure from Sen. Brian Feldman (D) advanced through committee, the full chamber passed it in a 45-0 vote on Monday, the legislative crossover deadline. During the Senate Finance Committee hearing last Friday, members replaced the language of the legislation with that of an amended companion version that cleared the full House of Delegates last week. The legislation would establish a “Task Force on Responsible Use of Natural Psychedelic Substances” that would be overseen by the Maryland Cannabis Administration (MCA). Members of the task force would be required to examine and make recommendations on issues such as “permitting requirements, including requirements regarding education and safety,” “access to treatment and regulated support” and “production of natural psychedelic substances.” There are also provisions tasking the body with looking into expunging prior convictions for psychedelics and releasing people incarcerated for such offenses, along with a mandate to make recommendations on potential civil penalties for “nonviolent infractions involving the planting, cultivating, purchasing, transporting, distributing, or possessing of or other engagement with natural psychedelic substances.” Under the bill, the governor, legislative leaders and various state agencies would be responsible for appointing the 17-member task force that would specifically consider policies around psilocybin, psilocin, dimethyltryptamine and mescaline (not derived from peyote). Under a recent amendment, the legislation would also give members discretion to put more psychedelics under review as they see fit. The body’s recommendations would be due to the governor and legislature by July 31, 2025. The legislation would sunset after two and a half years. The House version as originally introduced contained more prescriptive requirements to explore and issue recommendations on aspects of psychedelics policy such as “systems to support statewide online sales of natural psychedelic substances with home delivery” and “testing and packaging requirements for products containing natural psychedelic substances with clear and accurate labeling of potency.” That language was taken out in an amendment and also did not appear in the original Senate version as drafted. The task force legislation is advancing about two years after a different law took effect creating a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and ketamine for military veterans suffering from PTSD and traumatic brain injury. A number of state legislatures are pursuing psychedelics policy reform this session, with a focus on therapeutic access. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — For example, the Indiana legislature recently sent a bill to the governor’s desk that includes provisions to fund clinical research trials into psilocybin. A panel of Vermont lawmakers moved forward with planned amendments to a psychedelics bill on Friday, scaling back a proposal that originally would have legalized possession and use of psilocybin in the state to instead merely establish a working group that would study whether and how to allow therapeutic access to psychedelics. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. Utah lawmakers earlier this month unanimously approved a Republican-led bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option, sending it to the governor. Also this month, a Missouri House committee unanimously approved a bill to legalize the medical use of psilocybin by military veterans and fund studies exploring the therapeutic potential of the psychedelic. Connecticut lawmakers held a hearing on a bill to decriminalize possession of psilocybin this month. The governor of New Mexico recently endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois senator recently introduced a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii are also continuing to advance a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers also said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. Bipartisan California lawmakers also recently introduced a bill to legalize psychedelic service centers where adults 21 and older could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. What Happened In VP Harris’s Marijuana Meeting At The White House After Media Left The Room, According To An Activist Who Was There Photo courtesy of Wikimedia/Workman. The post Maryland Senate Approves Psychedelics Task Force Bill To Study ‘Equitable And Affordable’ Access To Psilocybin And DMT appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  7. A center-right think tank is raising alarm about a Colorado bill that it says would make it illegal to talk positively about marijuana online. The prohibition would also apply to many hemp products as well as some federally legal pharmaceuticals. Among other provisions, SB24-158—a broad proposal around internet age verification and content policies—would require social media platforms to immediately remove any user “who promotes, sells, or advertises an illicit substance.” The bill’s definition of illicit substance includes not only illegal drugs but also many that are legal and regulated in Colorado. It pertains to any controlled substance under state law, including schedules I through V under state law. That means the bill would affect state-legal marijuana, certain psychedelics—which voters legalized through a 2022 ballot measure—and even some over-the-counter cough syrups that contain small amounts of codeine. Beyond scheduled drugs, the bill specifies that its restrictions also apply to certain hemp products with more than 1.25 milligrams THC or a CBD-to-THC ratio of less than 20 to 1 and most other hemp-containing products intended for human consumption. If enacted onto law, companies would also need to publish “a statement that the use of the social media platform for the promotion, sale, or advertisement of any illicit substance…is prohibited.” The R Street Institute says the restriction would impact not only cannabis companies but also any individual who posts positively about marijuana. “Basically, the Colorado Legislature is trying to force social media companies to ban the promotion of marijuana,” the group’s social media director, Shoshanna Weissman, wrote in a new article. “And because what constitutes ‘promotion’ remains undefined, the bill would likely force platforms to remove all pro-marijuana free speech in a state where recreational use is legal.” Not only is the ambiguity of “promotion” an issue, but the bill’s broad definition of illicit substances could also cause confusion, R Street says. The think tank points out that the bill’s definition of illicit substances “would make it unlawful for businesses to promote them for sale or even for regular people to talk about their benefits online.” “This clearly violates the First Amendment, as the bill is unconstitutionally narrow in scope,” Weissman wrote. “Basically, if speaking highly of or advertising these substances were truly dangerous, the state would have banned advertising in all its forms (e.g., print, television, digital).” This Colorado bill would force social media companies to ban the promotion of marijuana, anti-anxiety meds and even cough syrup. It would likely force platforms to remove all speech in favor of these. https://t.co/vZtMNSy6Aj @senatorshoshana — R Street Institute (@RSI) March 16, 2024 Instead, as the R Street article notes, the state itself seems to have embraced legalization and cannabis culture. For multiple years, it points out, Colorado has auctioned off marijuana-themed license plates that read things like “420,” “HASH,” and “GOTWAX.” “For over a decade, Colorado has been a leader in the cannabis space, bringing bold, innovative and creative businesses to the state,” Gov. Jared Polis (D) said in 2022, when the state auctioned off plates reading “BLUNT,” “DABBING,” “TERPENE,” “TOKER,” “VISINE” and “NORML.” “This effort allows us to celebrate Colorado’s mile-high reputation and fund critical projects and programs in our disability community,” the governor said at the time. SB24-158 is scheduled to be heard in the Senate Business, Labor and Technology Committee on Tuesday. Its prime sponsors are Sens. Chris Hansen and Dafna Michaelson Jenet as well as Rep. Meghan Lukens, all of whom are Democrats. Social media companies would be required to update policies and post them publicly on or before July 1, 2025. Updates to social media policies would also need to be posted online within 14 days of implementation. Companies would also be mandated to submit reports annually to the state attorney general a statement “of whether the current version of the published policies contain definitions and provisions relating to illicit substances,” according to a legislative summary of the bill. Meanwhile in Colorado, organizers at a Second Amendment advocacy group are poised to begin gathering signatures on a ballot measure that would allow cannabis consumers to obtain concealed carry firearm licenses under state law. Colorado legalized adult-use cannabis through a ballot initiative in 2012, though cannabis remains prohibited at the federal level. And under federal law, being an “unlawful user” of a controlled substance, including marijuana, means a person cannot legally buy or possess a gun. Earlier this year, Colorado marijuana regulators also touted industry successes from the past year and promoted their new hospitality rules for the industry, including increased sales limits for cannabis hospitality businesses that allow on-site use. One of the things they touted is a rule about online sales that took effect last August. Customers must still physically pick up the marijuana products from retailers, but now they can browse and electronically purchase cannabis online ahead of visiting the store. Polis has praised the state’s reputation on marijuana and even said in January that Colorado is “leading the nation” on psychedelics, just as it did with cannabis. “Colorado was the first state to legalize recreational use of cannabis, setting a standard for innovation and safety and economic mobility that’s been replicated by states across the nation and countries across the world, who come here to learn what Colorado did right,” Polis said in his latest State of the State address. “Now, thanks to our voters, we’re once again leading the nation on natural medicine, unfreezing 50-plus years of stifled research to learn about the potential benefits for the people of our state and beyond.” It’s not clear whether such comments would be allowed on social media if SB24-158 passes the legislature and is signed into law as currently drafted. ATF Agent Stops Gun Sale Over Marijuana Odor And DOJ Argues Cannabis Consumers Don’t Have 2nd Amendment Rights The post Colorado Bill Would Force Social Media Platforms To Ban Users Who ‘Promote’ Marijuana, Psychedelics And Hemp Products appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  8. For Chris Goldstein, being invited to the White House to talk with Vice President Kamala Harris about his marijuana pardon last week represented a pivotal opportunity to do exactly what he was doing at the time of his arrest 10 years ago: advocate for cannabis legalization. The Philadelphia-based activist had built a career around marijuana reform, and on Friday he found himself inside the hallowed Roosevelt Room in the company of Harris, two other pardon recipients, the governor of Kentucky, rapper Fat Joe and other officials discussing what clemency meant for him—and, importantly, why it’s crucial that the administration go further than the steps it has taken to date. Few people would have expected Harris herself to take up that call for broader reform during the roundtable meeting that took place once the media was ushered out of the room following brief introductory remarks. Goldstein didn’t expect it either when the vice president declared that “we need to legalize marijuana,” reviving her pro-legalization position that had been muted for the past four years since she joined President Joe Biden’s ticket. “Saying those words out loud—saying it in the Roosevelt Room—it did feel very meaningful,” Goldstein told Marijuana Moment. “It wasn’t lost on anyone there what was going on in that moment.” While the vice president privately called for legalization, which followed her public remarks imploring the Drug Enforcement Administration (DEA) to reschedule marijuana “as quickly as possible,” one of the other more intriguing aspects of the meetings was Goldstein’s invite in the first place. Harris’s office had been reaching out to pardon recipients for months before finally scheduling the meeting, and Goldstein made abundantly clear to her staff that he was an activist who would not shy away from pointing out the inadequacies of simply moving cannabis to Schedule III of the Controlled Substances Act (CSA) as the U.S. Department of Health and Human Services (HHS) has recommended. That the vice president’s office moved forward with his invite seemed to signal a willingness to engage in the legalization conversation. “The president and vice president work very closely together. This event was coordinated at the White House in the Roosevelt Room. I think that is fully coordinated and calculated,” Goldstein said. “It’s a strategic mode—and it’s a positive strategic message to send at the right time.” While the purpose of Friday’s meeting was focused on the president’s clemency action—which Biden historically touted in his State of the Union address this month—the event seemed to be the latest example of the administration’s efforts to appeal to voters ahead of the November election by promoting an issue with bipartisan popularity, especially among critical young voters. But for Goldstein, last week’s event was also deeply personal. The grassroots activist affiliated with NORML who was arrested and convicted for possessing marijuana while advocating for legalization on federal land made it all the way to the White House to tell his story and deliver his message directly to the second-highest official in the country. Marijuana Moment spoke with Goldstein about the meeting, the vice president’s closed-door comments and more on Friday afternoon shortly after he left the White House. The following interview has been edited for length and clarity: Marijuana Moment: What can you say about the conversations that took place during the private roundtable? Chris Goldstein: As soon as the doors closed, the vice president made some more colloquial remarks. In fact, Fat Joe and the vice president started a dialogue on a lot of things. The moment where she raised her hands in the air and said, “we need to legalize marijuana”—saying those words out loud, saying it in the Roosevelt Room, it did feel very meaningful, and it wasn’t lost on anyone there what was going on in that moment. Checked into @WhiteHouse for the #marijuana justice discussion w @VP and @fatjoe @AndyBeshearKY pic.twitter.com/rqoJt2EQSn — Chris Goldstein (@freedomisgreen) March 15, 2024 MM: Harris sponsored a legalization bill in the Senate, but hasn’t pushed for reform like that since joining the Biden ticket. What does that say to you? CG: The president and vice president work very closely together. This event was coordinated at the White House in the Roosevelt Room. I think that is fully coordinated and calculated. It’s a strategic mode. And it’s a positive strategic message to send at the right time. I think that the president and vice president have done the executive actions that we’ve all been waiting for. But we have seen a lot of missteps in messaging, and today was some very direct and clear messaging. MM: Did you get the sense that we might begin to hear more of this pro-legalization messaging from the White House in public? CG: Absolutely. And again, this was is a closed-door discussion, but it was for the internal [White House] media team. I’m sure that clip will be one of the things that they’re going to share. And it certainly was one of the moments that we would like to see come out of that room first. I don’t think that they’re going to be shy to do it. I think that the the concept of the closed-door room was to give us the comfort zone to have a discussion, but I don’t think that they were trying to keep any of the discussion private, per se. I hope everyone can recognize the importance of Vice President Harris calling to "legalize marijuana" in a room that Richard Nixon built = huge. — Chris Goldstein (@freedomisgreen) March 16, 2024 MM: How did it go with the other participants at the meeting? CG: First, I met the other people who were involved and we were staged together. So I got to meet Andy [Beshear], the governor of Kentucky—that’s how he introduces himself and, quite frankly, he was really impressive in person. He highlighted his own success stories in Kentucky and what he’s been doing on clemency there. So it was interesting to meet the governor of Kentucky—I’m not sure that in any other context I might have. Fat Joe—I did not expect to be meeting, you know, a really famous rapper who’s got like 6 million followers on Instagram, I’ve got like 600. So that was really interesting. And I have to say, he brought a really interesting vibe to the whole thing, and I have nothing but respect for the guy. He really handled that situation admirably and really advanced our whole discussion. We were glad to have him there. Before going in and before they told us Fat Joe was going to be there, I was worried about being too buttoned up and boring today. With him there, it made a vibe that made everybody, including Vice President Harris, much more comfortable and it was a much more colloquial discussion. MM: What stood out to you about the discussion? CG: The theme of the event was clemency and criminal justice reform. I think what was interesting today is that we went further than saying marijuana—that they were talking about drug war general issues. And you bring up Vice President Harris’s history on this. I think, today, she brought up her own history, too. I think that that’s something that people have wanted to hear her explain and talk about. And I think that what I heard today isn’t just what people want to hear, but I think it’s a genuine and very sincere story. I don’t want to go too far into it, but for Vice President Harris’s generation, I think the drug war policies, they might want to try and make some corrective action on it. MM: It did seem like the vice president’s mention of her record as a prosecutor—as part of the drug war system—was notable. CG: Yeah, and it was a political role, too, because the positions that she held as a prosecutor were elected positions. I think that’s important. She might have done it not just to be a prosecutor, but to be a politician. And I think that, in hindsight, enforcing those kinds of policies may inspire her to do some reforms today. It wasn’t just Vice President Harris, this was President Biden, this was a lot of other people involved with every presidential administration, this a lot of people in Congress. I mean, honestly, there was a generation of drug warriors that have now grown up and now they’re in the White House and in Congress and in the Senate, and they’re looking back at their histories and saying, ‘Okay, what can we do now instead?’ MM: How did Harris’s point about marijuana legalization come about? CG: There was a pause in a moment, and it was in context of the discussion of where we’re going with federal policy. You know, she’s talking about the scheduling review. Schedule III is not legalization. Schedule III is not what our community, not what the cannabis community and not what the voting public would recognize as legalization. Is there any state that would have ever voted to legalize Schedule III marijuana? No, that would have never flown with voters. So voters have gone way beyond Schedule III at the state level. That’s why the idea that that’s an incremental reform we can accept at the federal level really just shouldn’t be in the picture because we’re way past that. MM: Was there any closed-door discussion about the timeline for the completion of the scheduling review? CG: No, they seem to be, like us, waiting for the DEA to move. They don’t have an influence on what action or when the DEA could act. I think we’ve been joking around here at NORML that the DEA took like eight years [on prior drug scheduling reviews]. They run themselves out of the clock on any on any request, really, from a reasonable drug policy perspective. But again, the White House can’t really say. I do have to say that this is the first time the White House has asked for a scheduling review in the right manner so we don’t have a context for how long they might be able to run out the clock. We all in our mind have a political deadline of November. But the DEA doesn’t have a political deadline like that. They’re not up for election. So, there’s nothing in the rules that say they have to issue it by a certain time. One does feel that that if the president does pursue these executive actions and the DEA doesn’t do anything, you’d hate to presume what could happen. That would just be like guesswork. Let me put it this way: This administration has been following the rules. They have been following the process to try and address marijuana laws with executive action. They’ve done everything that we’ve asked any White House to try for the last 15 years. And the Schedule III thing and where the DEA is at right now, I really do see that as due diligence. I don’t see that as them waiting out a final answer. I see them waiting out an answer. If the DEA comes back with a defense of Schedule I and is in conflict with HHS, what does the White House do, then? The answer there, you’re gonna have to get engaged somehow or let prohibition just continue. I did have a joint with me as @edokeefe can attest…but smoked it in front of the DOJ…kind of fitting too. — Chris Goldstein (@freedomisgreen) March 16, 2024 MM: The vice president’s comments directing DEA to move “quickly” on the scheduling review, she almost seemed to be expressing frustration with the timing or hinting at some tension with DEA in line with what The Wall Street Journal reported recently. Did you get that impression? CG: Let me put it this way: She can create a sense of urgency on the DEA issuing their decision. Again, I think that the sense of urgency was not lost. I don’t think it’s a secret. And I do think that they want a definitive answer. HHS didn’t take that long to come up with their report, either. I have to point that out. And that was also a new process for HHS. They use like a new two-step review. I do think that it is interesting. When the president has challenged these authorities to answer these questions, HHS has at least adapted and responded. We don’t know what the DEA is doing. It’s Secret Squirrel over there. There’s no transparency to that process, either. And, in fact, that’s one of the big problems with it. But again, I see this process with the DEA right now as due diligence. The president still has the ability to send another letter to HHS directing descheduling and that is completely different review by both agencies. MM: What other messages did you deliver to the vice president? CG: I told her that the power of pardons from the White House was huge for people like me to get it. But as an activist, what I’ve done is print [the pardon certificate] out and put it in people’s hands. And it’s true—I mean, I have to tell you, it’s like doing a bit of street magic. There’s a sense of awe that comes across people’s face when they realize you’re reading a presidential pardon. I tried to convey to her is that the power of the pardon isn’t just on those of us who get it. We take it back to our whole community. The people who see it when we print it out or when we talk about it, it really is something that affects people. Street magic inspires awe. It’s a universal emotion, a positive emotion, and I’ve got to say I have watched that happen with this pardon. It is the best piece of street magic I’ve ever been able to do. I didn’t have my business card when I showed up at Congress yesterday, I used my pardon instead and it totally worked. And every staffer I put it in the hands of, you could see the smile, ear-to-ear. I’m not kidding. I tried to convey to Vice President Harris that visceral reality—the good will of that I’ve seen really happen from that pardon. And so she told me that she really felt that, that’s the power of the pardon, that she heard that back. So it was nice to hear that from the vice president. On the table in the Roosevelt Room you can see my pardon alongside @NORML founder Keith Stroup's annotated green-cover copy of the Shafer Report. That blue-ribbon presidential commission recommended federal #marijuana decriminalization and descheduling…in 1972. #cannabis pic.twitter.com/65MlvRs9zG — Chris Goldstein (@freedomisgreen) March 17, 2024 MM: It would’ve been hard to believe at the time of your arrest that you’d eventually find yourself invited to the White House to discuss clemency with the executive office. But you did have one person who predicted that at the time, right? CG: Oh yeah, my lawyer was Bill Buckman. He was very involved with the ACLU and the National Association of Criminal Defense Lawyers. Bill was a world-recognized civil rights attorney. When Bill took on my case, pro bono, and I got convicted, he was exasperated. He could not believe that the judge did what he did. He couldn’t believe that we were being treated this way. And when I got convicted and sentenced, he tried to reassure me. He said, “Chris, this was just wrong. And one day, you’re gonna get a pardon for this, you’re going to end up talking about this at the White House. This is going to turn around.” He was fighting for an appeal for me. He thought we would win that, too, but he passed away one year into my two years of probation. I never thought I’d have to serve every day, but since Bill passed away so that’s what I had to do. But he knew in some way. He knew before I could even really realize that I’d be where I am today. It is a community that got me here, not myself. I mean, the smartest person in the room is not me, it’s the team. And the good thing about a grassroots community is that there’s always a great team to work with. It’s not always there. There’s a lot of turnover. And, believe me, there’s a lot of infighting in any political group. Not everybody gets along. But in going into the White House over the last couple of weeks, I tried to bring everybody I could with me, and I went around to talk with as many advocacy organizations as possible to make sure that I was conveying the message not just from my own story, but from our community to the White House. And I feel like I pulled that off in one day. But to the same extent, the greatest thing about the meeting today was it did not feel like a one-time event. There were some words expressed about doing more things like this. The White House wants to engage on this policy consistently. And that’s that’s clemency, criminal justice, marijuana legalization. They want to be right in it. And right now, the White House has an important role to play and they’re doing it. MM: President Biden remains opposed to legalization. Did his position come up? CG: No. Well, [Vice President Harris] talked about about Joe Biden’s successes on clemency. And that was the theme in which she talked about the president’s work. But, again, I think what’s interesting is that she really went out there on her own today and said, ‘We need to legalize marijuana.’ And we’ve seen the vice president really taking a lot of good, strong positions lately. I think that’s a good one to take. It’s not a new one for her, as you point out, but it’s a new setting for her to say it and it is, in many ways, a historic setting for us. As White House Hosts Marijuana Pardon Recipients, It’s Time For Bolder Action From Biden (Op-Ed) Photo courtesy of Chris Goldstein. The post What Happened In VP Harris’s Marijuana Meeting At The White House After Media Left The Room, According To An Activist Who Was There appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  9. A panel of Vermont lawmakers moved forward with planned amendments to a psychedelics bill on Friday, scaling back a proposal that originally would have legalized possession and use of psilocybin in the state to instead merely establish a working group that would study whether and how to allow therapeutic access to psychedelics. The Senate Health and Welfare Committee approved the modifications, which members first floated earlier this month, and voted 3–2 to advance the amended measure, S. 114. Members spent no time Friday discussing the pivot away from decriminalization, instead going over changes to the makeup of the would-be working group. Under the amendment approved by the panel, the state would establish an eight-member Psychedelic Therapy Advisory Working Group that would “examine the use of psychedelics to improve physical and mental health and to make findings and recommendations regarding the advisability of the establishment of a State program similar to other jurisdictions to permit health care providers to administer psychedelics in a therapeutic setting and the impact on public health of allowing individuals to legally access psychedelics under state law.” The amended bill says the group would hold its first meeting before July 15 and would need to submit a written report to various House and Senate committees by November 15 “with its findings and any recommendations for legislative action.” At a meeting earlier this month, the committee indicated a desire to move away from limited noncommercial legalization under the rationale that the bill’s focus should be about the possible medical benefits of psychedelics rather than limiting harm caused by prohibition. “It could be that decriminalization is going to get in the way of therapeutic use,” suggested Sen. Ginny Lyons (D), the committee chair. “What we’re looking for is the value of therapeutic use.” At a meeting earlier this week, on Tuesday, committee staff previewed an amended bill that removed the psilocybin provision completely, and members turned their attention to the makeup of the working group, which would study the possible regulation of psychedelic therapy involving substances beyond just psilocybin. Under language now approved by the committee, membership would consist of: A representative of the University of Vermont’s Larner College of Medicine, who would be appointed by the school’s dean A representative of the Brattleboro Retreat, a psychiatric and addiction hospital, who would be appointed by the president and CEO A member of the Vermont Psychological Association, appointed by the president A member of the Vermont Psychiatric Association, appointed by the president The executive director of the Vermont Board of Medical Practice or a designee The director of the Vermont Office of Professional Regulation or a designee The Vermont Commissioner of Health or a designee A co-founder of the Psychedelic Society of Vermont The group would review research and scientific literature as well as laws and programs in other jurisdictions. They would also be directed to provide an opportunity “for individuals with lived experience to provide testimony” as well as provide “potential timelines for universal and equitable access to psychedelic assisted treatments. In other drug-related actions this session, Vermont’s House also recently passed a bill to legalize and fund safe consumption sites, part of a pilot program aimed at quelling the ongoing epidemic of drug-related deaths. It’s another attempt by lawmakers to allow the facilities following Gov. Phil Scott’s (R) veto of a 2022 measure that would have established a task force to create a plan to open the sites. Meanwhile a growing number of states are pursuing psychedelics reform legislation this legislative session, with a focus on research and therapeutic access. For example, the Indiana legislature recently sent a bill to the governor’s desk that includes provisions to fund clinical research trials into psilocybin. Meanwhile, the Maryland House of Delegates this week passed a bill to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT. It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. A companion measure is also advancing in the Senate. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. Utah lawmakers last week unanimously approved a Republican-led bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option, sending it to the governor. Also last week, a Missouri House committee unanimously approved a bill to legalize the medical use of psilocybin by military veterans and fund studies exploring the therapeutic potential of the psychedelic. Connecticut lawmakers held a hearing on a bill to decriminalize possession of psilocybin last week. A Vermont legislative panel continued its consideration this month of a bill that would legalize psilocybin in the state and establish a work group on how to further regulate psychedelics for therapeutic use. The governor of New Mexico recently endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois senator recently introduced a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii are also continuing to advance a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers also said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. Bipartisan California lawmakers also recently introduced a bill to legalize psychedelic service centers where adults 21 and older could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Federal Marijuana Prohibition Has ‘No Rational Basis,’ Companies Say In New Court Filing Photo elements courtesy of carlosemmaskype and Apollo. The post Vermont Senate Panel Scales Back Psilocybin Legalization Bill, Pivoting Focus To Working Group On Psychedelic-Assisted Therapy appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  10. Second Amendment advocates are criticizing a pair of recent developments around marijuana and firearms—issues they say underscore the need for further reform. Last month during a routine audit of a gun dealer, a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigator reportedly ordered the store to stop the sale of a pistol because the investigator claimed the would-be buyer smelled of marijuana. “I wasn’t high,” the prospective buyer told the Second Amendment Foundation, according to the outlet Ammoland, which referred to the individual only as Daniel. “None of this makes any sense to me.” Daniel had already filed federal paperwork saying he was eligible to own a firearm and had passed a background check for the handgun, according to the report. When he went to pick it up at a Plant City, Florida store, however, the ATF industry operations investigator reportedly halted the sale. ATF spokesman Jason Medina acknowledged that the smell of marijuana could have been from exposure to second-hand smoke and not an indication that the gun buyer himself had consumed cannabis. “That’s true,” Medina told Ammoland. Meanwhile in a federal appeals court case, the Department of Justice argued in a filing earlier this month that marijuana users “are more likely than ordinary citizens to misuse firearms,” likening them to “the mentally ill” as well as “infants, idiots, lunatics, and felons.” No one should be disarmed and denied their natural right to self-defense just for using or possessing marijuana. Yet here you are, fighting them in court, saying otherwise. You're a monster, and destroying your ghoulish disarmament agenda brings us great joy. https://t.co/iFSxfRUlLU — Firearms Policy Coalition (@gunpolicy) March 8, 2024 “Because they are not ‘responsible citizens,'” DOJ argues, “unlawful drug users and addicts do not have a Second Amendment right to possess firearms.” The case is the Biden administration’s appeal of a federal court decision out of North Carolina that found the government’s prohibition of firearm possession by a person who “is an unlawful user of or addicted to any controlled substance” is unconstitutional on its face. The Firearms Policy Coalition noted that the filing came just hours before President Joe Biden said during his State of the Union address that no one should be in jail for using or possessing marijuana. “No one should be disarmed and denied their natural right to self-defense just for using or possessing marijuana,” the group posted on social media. Four hours before Biden posted this, his DOJ argued in court that marijuana users have no Second Amendment rights because they "are more likely than ordinary citizens to misuse firearms" and that they're similar to "dangerous lunatics": https://t.co/8Qib3PiB6f https://t.co/7MEPtZZOJo pic.twitter.com/RtEAbVdIRL — Firearms Policy Coalition (@gunpolicy) March 8, 2024 The issue has been raised in multiple state legislatures and federal courts in recent years, as marijuana and gun rights advocates challenge the constitutionality of the federal ban that currently prevents cannabis consumers from owning firearms. Just this month, Maryland lawmakers took testimony about a measure that would protect the gun rights of medical marijuana patients under state law, while organizers in Colorado are preparing to gather signatures to qualify a ballot initiative that would remove state barriers prohibiting gun owners from obtaining concealed handgun permits for lawful use of medical marijuana. The federal Justice Department has insisted on the necessity of the banning cannabis consumers for possessing guns in numerous federal courts, arguing at points that people who use marijuana pose a unique danger. The question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue. Justices are expected to decide whether they will hear a federal government appeal of a circuit court ruling that found the firearm restriction violates the Second Amendment. That ruling came from the U.S. Court of Appeals for the Fifth Circuit, which examined the federal statute known as Section 922(g)(3) that prevents someone who is an “unlawful user” of an illegal drug from buying or possessing firearms. The circuit court found the policy unconstitutional as applied to a man who faced a conviction after admitting to having used cannabis while in possession of a gun. While people who use cannabis are barred from owning firearms under the statute, a little-notice FBI memo from 2019 that recently surfaced shows that the federal government generally does not consider it a violation of the law for medical cannabis caregivers and growers to have guns. Republican congressional lawmakers have filed two bills in the first half of this current two-year session that focus on gun and marijuana policy. Rep. Brian Mast (R-FL), co-chair of the Congressional Cannabis Caucus, filed legislation last year to protect the Second Amendment rights of people who use marijuana in legal states, allowing them to purchase and possess firearms that they’re currently prohibited from having under federal law. Senate Majority Leader Chuck Schumer (D-NY) has committed to attaching that legislation to a bipartisan marijuana banking bill that advanced out of committee in September. Meanwhile, Mast is also cosponsoring a separate bill from Rep. Alex Mooney (R-WV) this session that would more narrowly allow medical cannabis patients to purchase and possess firearms. Federal Marijuana Prohibition Has ‘No Rational Basis,’ Companies Say In New Court Filing The post ATF Agent Stops Gun Sale Over Marijuana Odor And DOJ Argues Cannabis Consumers Don’t Have 2nd Amendment Rights appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  11. In a new federal court filing, lawyers for a group of marijuana companies argue that ongoing broad cannabis prohibition has “no rational basis,” pointing to the government’s largely hands-off approach to the recent groundswell of state-level legalization. The lawsuit alleges that while Congress’s original intent in banning marijuana through the Controlled Substances Act (CSA) was to eradicate illicit interstate commerce, lawmakers and the executive branch have since abandoned that mission as more states have moved to regulate the drug. “Dozens of states have implemented programs to legalize and regulate medical or adult use marijuana,” the new filing from the plaintiffs in the case says. And by providing consumers with “safe, regulated, and local access to marijuana,” those states “have reduced illicit interstate commerce, as customers switch to purchasing state-regulated marijuana over illicit interstate marijuana.” The new 32-page document comes in response to the government’s effort in January to dismiss the cannabis companies’ underlying suit. At the center of the case is a 2005 Supreme Court decision, Gonzales v. Raich, in which justices held that federal prohibition preempts state-level legalization because of Congress’s interest in preventing illegal marijuana from entering interstate commerce. Plaintiffs argue that given the changes since then—not only at the state level, but also in terms of the government’s own tolerance of commercial cannabis activity in legal jurisdictions—”the federal government no longer has any basis for insisting that state-regulated, intrastate marijuana must be banned to serve Congress’s interstate goals.” “The ground-shaking shifts in marijuana regulation since Raich, together with the nation’s long history of marijuana cultivation and use prior to the CSA,” lawyers wrote in the new filing, “demonstrate the widely-held understanding that Plaintiffs’ marijuana activities implicate a liberty interest that requires protection.” In the overarching lawsuit, filed in October, the businesses behind the case claim that perpetuating marijuana prohibition in state markets is unconstitutional, creating undue public safety risks while precluding licensed cannabis operators from accessing critical financial services and tax deductions that are available to other industries. The challenge is being led by multistate operator Verano Holdings Corp. and the Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO Gyasi Sellers. They’re represented by the law firms Boies Schiller and Flexner LLP and Lesser, Newman, Aleo and Nasser LLP. The latest filing was submitted Friday by accomplished litigator David Boies, whose list of prior clients includes the Justice Department, former Vice President Al Gore and plaintiffs in the case that led to the invalidation of California’s ban on same-sex marriage. “In the two decades since Raich, all the legislative and operative facts on which Raich‘s conclusion rested have changed,” it says. “It is therefore necessary to assess Congress’s regulation of intrastate marijuana based on the new regulatory framework and new factual circumstances.” Noting that “over three dozen states permit medical marijuana and twenty-four states (representing most of the nation’s population) permit adult-use marijuana,” the new filing calls CSA “an aberration, not consistent with the nation’s practices at the founding, nor at the passage of the Fourteenth Amendment, when marijuana was widely used for medical and recreational purposes.” “While states may sometimes regulate those activities when appropriate for the public health,” it adds, “the federal ban fails under such scrutiny.” Plaintiffs argue that not only has Congress annually renewed an appropriations rider barring the Justice Department from using federal funds to intervene in state medical cannabis programs, but attorneys general over the course of multiple administrations have also spoken to their lack of interest in criminalizing people over marijuana-related activity that’s sanctioned by the states. “What was once a single-minded federal crusade against the cannabis plant has been replaced with an ambivalent set of inconsistent policies, some aimed at reducing federal interference with state efforts to regulate marijuana,” the original lawsuit says. “In short, the federal government has long ago abandoned the goal of eliminating marijuana from commerce,” the complaint adds. “Nor does Congress have any comprehensive—or even consistent and rational—approach to marijuana regulation.” “Therefore, even if Congress still wished to eliminate interstate transactions in marijuana in their entirety (it does not), it has no rational basis for banning state-regulated activities that reduce interstate traffic in marijuana.” Though the federal government has taken a largely hands-off approach to cannabis in recent decades, state-licensed marijuana businesses continue to suffer unique financial burdens, including a lack of access to banking services, credit cards and federal tax deductions under an Internal Revenue Service (IRS) code known as 280E. As such, many marijuana businesses rely heavily on cash, which even government officials have acknowledge creates public safety risks. “State-regulated marijuana dispensaries have become targets of robberies,” the complaint says. “These collateral harms increase the costs of state-regulated marijuana businesses and reduce participation in state-regulated marijuana markets. As a result, there is less innovation and less consumer choice.” Friday’s filing was first reported by Law 360, which also spoke to Joshua Schiller, a lawyer on the case, Canna Provisions v. Garland. Asked why the suit includes Verano, a functioning multistate cannabis business, Schiller told the publication that “even though it’s a multistate operator, each of its markets are intrastate. They’re not even allowed to bring a seed [across state lines].” “We like having a multistate operator just to show a different business,” he said, “to show a different story about a different business.” The lawsuit comes as the Drug Enforcement Administration (DEA) carries out a review into marijuana scheduling after the U.S. Department of Health and Human Services (HHS) recommended moving it from Schedule I to Schedule III under the CSA. Such rescheduling could resolve certain tax-related issues for the industry under 280E, but it would not legalize the plant or permit intrastate commerce. “The federal criminalization of safe, regulated marijuana commerce in states where it is legal unfairly burdens legal operations and expands the production and sale of illegal marijuana that is unregulated, can be unsafe, and is likely to find its way to other states,” Boies said in a press release in October. “Federal criminalization also denies small, legal marijuana businesses of access to SBA loans, investors, benefits for their employees, and normal banking regulations (which among other things, forces them to rely on cash transactions with all of the dangers to them, and to the community, that result)—as well as burdening them with discriminatory taxes.” “Americans believe that cannabis should be legal and available subject to reasonable regulation by the states. 38 states have legalized some form of cannabis,” he said. “The federal government lacks authority to prohibit intrastate cannabis commerce. Outdated precedents from decades ago no longer apply—the Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce; moreover, the facts on which those precedents are based are no longer true.” Cannabis business executives first described plans to file the lawsuit challenging the constitutionality of enforcing criminalization of intrastate marijuana activity under the CSA last year. “I think the fact that one of the leading constitutional law firms in the United States is willing and eager to take this case speaks volumes to the seriousness of the action and the potential likelihood of success,” the then-CEO of Ascend Wellness Holdings told Marijuana Moment at the time, saying that he hoped the legal challenge would prompt Congress to pass cannabis banking legislation of other reforms. “Hopefully, this will be another factor [so] that the Senate says, ‘you know, we’ve gotta get off our ass or we’re gonna lose this issue to the courts,’” he said. On the same day as the new legal filing, Vice President Kamala Harris held a White House meeting with a group of people who received marijuana pardons under the administration’s recent clemency actions. At the meeting, she urged DEA to reschedule marijuana “as quickly as possible,” calling it “absurd” and “patently unfair” that cannabis is still classified in the same category as heroin. “This issue is stark when one considers the fact that on the schedule currently, marijuana is considered as dangerous as heroin. Marijuana is considered as dangerous as heroin and more dangerous than fentanyl,” Harris said. “I’m sure DEA is working as quickly as possible and will continue to do so, and we look forward to the product of their work.” While the purpose of the meeting was focused on the president’s clemency action—which he historically touted in his State of the Union address this month—the event seems to be the latest signal that the administration is hoping to appeal to voters ahead of the November election by promoting an issue with bipartisan popularity, especially among critical young voters. The president’s mention of his marijuana pardons and administrative scheduling review directive during his speech before a joint session of Congress was a key acknowledgement to that end. And it was well-received, evidenced in part by the massive social media response it elicited. That said, the president did again misstate the scope of his administrative actions on marijuana, falsely asserting that he expunged thousands of records when, in fact, a pardon does not clear a person’s record. Biden also told a supporter at a campaign stop in Wisconsin last week that he was “taking care” of marijuana reform, touting his pardons. The popularity of administrative cannabis reform was also underscored in a recent poll that showed how Biden’s marijuana moves stand to benefit him in November. The survey found the president’s favorability spiked after people were made aware of the possibility that cannabis could be rescheduled under the Biden-initiated review. Harris, for her part, also faced criticism last month after sharing a video where she claimed the administration had “changed federal marijuana policy.” While Biden has issued thousands of simple possession pardons and directed the ongoing review into federal cannabis scheduling, the law itself has not changed at this point, and campaign pledges to decriminalize marijuana have yet gone unfulfilled. The vice president’s video also showed a map with incorrect information on which states have legalized cannabis to date. Following its review, HHS advised DEA specifically to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). While that possibility evidently moves the needle for Biden among the general public, equity-focused advocates have stressed the point that it would not legalize marijuana, nor would it do anything to address the decades of harm under prohibition. It would allow state cannabis to take federal tax deductions that they’re currently barred from under an Internal Revenue Service (IRS) code known as 280E, however. Whether DEA accepts the HHS recommendation is yet to be seen. And while many expect an announcement will happen before the election, the timeline is uncertain. HHS Secretary Xavier Becerra defended his agency’s rescheduling recommendation during a Senate committee hearing on Thursday and later told cannabis lobbyist Don Murphy that he should pay DEA a visit and “knock on their door” for answers about the timing of their decision. Certain DEA officials are reportedly resisting the Biden administration’s rescheduling push, disputing the HHS findings on marijuana’s safety profile and medical potential, according to unnamed sources who spoke with The Wall Street Journal. The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement—including a group that counts DEA Administrator Anne Milgram among its members. On the president’s pardon action, Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last month that the clemency should be “extended all the way out, and any unintended or intended consequences of the war on drugs should be dealt with to repair the damage.” Former Rep. Ed Perlmutter (D-CO), however, told Marijuana Moment that he’s been “very pleased” with Biden’s clemency actions, arguing that the president has “taken some pretty, in my opinion, bold steps.” Meanwhile, the U.S. Army recently clarified in a branch-wide notice that marijuana possession violations under the military drug code weren’t eligible under the president’s pardons. Sen. John Fetterman (D-PA) called it a “mistake” to exclude military from the relief. Also, the governor of Massachusetts announced on Wednesday that she is moving to pardon “hundreds of thousands” of people with misdemeanor marijuana convictions on their records, in line with Biden’s push for state-level clemency. Read the plaintiffs’ response to the federal government’s motion to dismiss the lawsuit below: Biden Tells Supporter He’s ‘Taking Care’ Of Marijuana Reform At Campaign Stop Photo elements courtesy of rawpixel and Philip Steffan. The post Federal Marijuana Prohibition Has ‘No Rational Basis,’ Companies Say In New Court Filing appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  12. Biden’s bad legal advice on marijuana records; MD & AK psychedelics; LPP op-ed pushes president on cannabis Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Your good deed for the day: donate to an independent publisher like Marijuana Moment and ensure that as many voters as possible have access to the most in-depth cannabis reporting out there. Support our work at https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Vice President Kamala Harris told the Drug Enforcement Administration to “get to it as quickly as possible” in completing its marijuana rescheduling review. The comments came at a meeting she hosted with recipients of President Joe Biden’s cannabis pardons at the White House. “Marijuana is considered as dangerous as heroin and more dangerous than fentanyl. Which is absurd. Not to mention patently unfair.” Vice President Kamala Harris said in the closed-door portion of the meeting with cannabis pardon recipients that “we need to legalize marijuana,” according to one participant—signaling a potential expansion of the administration’s reform platform heading into the November election. Harris sponsored a cannabis legalization bill in the Senate and ran on the issue in the 2020 presidential primary, but since joining Biden’s ticket has embraced only his more limited decriminalization and pardons platform—until now. In recent comments President Joe Biden appeared to be providing bad legal advice to recipients of his marijuana pardons, telling them they no longer have to disclose their convictions on official forms—contrary to Department of Justice guidance saying the clemency doesn’t erase criminal records. The Maryland Senate Finance Committee approved a bill to create a Task Force on Responsible Use of Natural Psychedelic Substances charged with studying how to ensure “broad, equitable and affordable access” to psilocybin, DMT and mescaline. The move comes two days after the House of Delegates approved identical legislation. The Alaska House State Affairs Committee held a hearing on a bill to create a Mental Health & Psychedelic Medicine Task Force to recommend licensing and insurance requirements for therapeutic practitioners after federal legalization. Last Prisoner Project Executive Director Sarah Gersten authored a Marijuana Moment op-ed calling on President Joe Biden to take bolder action on cannabis reform—including “immediately” freeing people jailed for smaller amounts than what dispensaries sell daily. Minnesota Gov. Tim Walz (D) said it makes sense to alter aspects of the state’s marijuana legalization law to avoid potential litigation from rejected license applicants as regulators move to plan a lottery rather than use a scoring system to decide awards. The Kentucky House of Representatives passed a bill to block people with certain felony drug convictions from becoming legal medical cannabis patients and institute other restrictions on access. The Maine legislature’s Judiciary Committee is considering several pieces of legislation concerning the expungement and sealing of marijuana conviction records. The Alabama Medical Cannabis Commission approved proposed rules on patients’ access to medical marijuana while they are in healthcare facilities. / FEDERAL Sen. Cory Booker (D-NJ) said he did not want to comment on the timing of the Drug Enforcement Administration’s marijuana rescheduling decision. Rep. Barbara Lee (D-CA) tweeted, “This week, my #CannabisCaucus Co-Chair @RepBlumenauer and I led a letter calling on @POTUS to grant clemency to individuals incarcerated for nonviolent marijuana offenses. The American people demand an end to outdated cannabis laws.” Rep. Mike Flood (R-NE) expressed concerns about teen use of delta-8 THC products. The House bill to respect state marijuana laws got one new cosponsor for a total of nine. / STATES South Dakota Gov. Kristi Noem (R) signed legislation revising medical cannabis rules. Kansas’s Senate president claimed that medical cannabis laws implemented in other states have “proven to be a disaster.” North Carolina’s House speaker said he’s not sure if there is now enough support in his caucus to advance a medical cannabis legalization bill. The New York Assembly’s budget bill does not include provisions to increase marijuana regulators’ enforcement powers as is the case in the Senate’s legislation and a proposal from Gov. Kathy Hochul (D). Separately, regulators are being sued for allegedly acting in “retaliatory, arbitrary and capricious” ways against a marijuana business owner. A California senator tweeted, “I’m authoring SB 1012 to create therapeutic access to psychedelics & help address our increasingly dire mental health crisis. Importantly, the bill creates a safer framework for people to access these healing benefits.” Nebraska activists say they are making good progress on collecting signatures to qualify two medical cannabis initiatives for the November ballot. Kentucky regulators filed a new set of proposed medical cannabis rules. Maryland regulators launched a cannabis state reference laboratory. New Jersey regulators are hosting a series of medical cannabis program registration clinics. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL The Santa Barbara County, California Board of Supervisors is considering potential changes to the local cannabis tax structure. The Killeen, TexasCity Council is expected to discuss the city’s response to lawsuits challenging the local voter-approved marijuana decriminalization law on Tuesday. / INTERNATIONAL Sixty countries signed onto a joint statement saying that “the international drug control system as it is currently applied needs rethinking based on concrete evidence.” Germany’s federal drug commissioner sent a letter urging state officials not to slow down implementation of cannabis legalization. Separately, the health minister pushed back against concerns about the reform. Canada’s finance minister received a briefing on “financial distress” in the nation’s marijuana industry. / SCIENCE & HEALTH A study found that “a majority of patients surveyed reported using cannabis products for migraine management and cited perceived improvements in migraine characteristics, clinical features, and associated risk factors.” A study found “consistent positive associations between greater cannabis retail access and 1) increased healthcare service use or poison control calls directly due to cannabis 2) increased cannabis use and cannabis-related hospitalization during pregnancy and 3) frequent cannabis use in adults and young adults” but “no consistent positive association between greater cannabis retail and increased frequent cannabis use in adolescents, healthcare service use potentially related to cannabis or increased adverse neonatal birth outcomes.” / ADVOCACY, OPINION & ANALYSIS The Republican National Committee tweeted about Vice President Kamala Harris’s cannabis event at the White House, saying, “She oversaw thousands of marijuana-related prosecutions as a district attorney in San Francisco.” The Democratic Governors Association tweeted, “Gov. @Maura_Healey will pardon all simple marijuana possession charges in Massachusetts — helping hundreds of thousands of people who’ve faced charges in a state where marijuana is now legal.” / BUSINESS High Tide Inc. is acquiring the Queen of Bud brand. C21 Investments Inc. entered into an agreement with Deep Roots Harvest, Inc.to acquire assets related to the operation of a dispensary in Nevada. The Cannabist Company Holdings Inc. announced it intends to complete a private placement of up to$19.5 million of senior secured convertible debentures. CanPay launched a new payments integration that lets consumers prepay for cannabis purchases when ordering online or through an app from participating dispensaries. Michigan retailers sold $261 million worth of legal marijuana products in February. Illinois retailers sold $135.6 million worth of legal marijuana products in February. / CULTURE Lil Wayne and Post Malone signed documents pledging they run “drug-free workplaces” in order to receive Small Business Administration grants despite their public comments about using cannabis or psychedelics. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: Photo courtesy of Chris Wallis // Side Pocket Images. The post VP Harris talks cannabis legalization & pardons (Newsletter: March 18, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  13. Last week
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  15. “Now that cannabis is legal and profitable in this state, how do we reckon with the injustice perpetuated by its illegal activity dating back to the 1970s with the proliferation of the War on Drugs policies in the United States?” By Emma Davis, Maine Morning Star Maine legalized recreational marijuana use in 2017, however the criminal records Mainers have for possession and cultivation from before legalization remain. The Judiciary Committee heard proposals on Friday that would seal those records as well as make permanent a committee tasked to review issues with expunging criminal records and finding ways to prevent past convictions from holding people back from being productive members of their communities. The four bills are based on recommendations from a report that the Criminal Records Review Committee shared earlier this session. LD 2252 would make the committee permanent as the Criminal Records Review Commission. LD 2218 and LD 2236 would allow for those with criminal records to apply to have that information sealed under a post judgment motion. LD 2269 specifically addresses convictions related to marijuana before legalization, allowing records to be automatically sealed if they are no longer crimes under current law. House Speaker Rachel Talbot Ross (D-Portland), who authored the original legislation creating the committee, on Friday voiced support for each of the four proposals. “Now that cannabis is legal and profitable in this state, how do we reckon with the injustice perpetuated by its illegal activity dating back to the 1970s with the proliferation of the War on Drugs policies in the United States?” Talbot Ross asked. “Millions of Americans were subjected to harsh and extreme sentencing policies that caused an overwhelming increase in our prison population, criminalization and lifelong criminal records, disrupting or altogether eliminating their access to adequate resources and support to live healthy lives.” People of color, those living in poverty and other socially excluded groups such as women have been disproportionately targeted, Talbot Ross added. “This history moves on in the form of criminal records, which continue to perpetuate harm for individuals, families, and communities,” she said, joining several others in urging the committee to cease this enduring history by advancing the bills before it. While public testimony overwhelmingly favored the bills, some took issue with the automatic sealing of records that would be authorized by LD 2269, arguing it would violate the right of the public to access records of criminal proceedings under the First Amendment. Criminal Records Review Commission The Judiciary Committee put forth LD 2252 based on the recommendation of the Criminal Records Review Committee to make the body a consistency within state government, as opposed to a one or two session task-force style commission, said committee chair Rep. Matt Moonen (D-Portland). The Criminal Records Review Commission, as is the case with the existing committee, would be made up of 29 members including legislators, executive department commissioners and other representatives from various organizations related to the issues of mental health, civil liberties, survivors of sexual exploitation, among others. The commission would be charged with reviewing laws and procedures about criminal history record information and could submit legislation for consideration at the start of each regular session. The commission could also make recommendations to various state entities, including the Department of Public Safety, the Supreme Judicial Court, and the judicial branch’s advisory committee on the Maine Rules of Unified Criminal Procedure, among others. Under current law, Peter Lehman, legislative coordinator for the Maine Prisoner Advocacy Organization and someone who was formerly incarcerated, argued that “a person convicted of a crime receives a life sentence, because we make criminal records so publicly available.” Changing this structure permanently will require permanent focus, Lehman said. “The experience of those of us who have served on those committees is that the subject is too complex with too many subtleties for members to master in a short time,” Lehman explained. “In addition, we have come to realize that the issues involved are so fundamental to achieving justice that an ongoing study and careful temperate action is necessary.” Representatives from numerous other policy organizations also voiced support on Friday, including the Maine Prosecutors Association, American Civil Liberties Union of Maine, GLBTQ Legal Advocates & Defenders, MaineTransNet and Portland Outright. Michael Kebede, policy counsel for ACLU of Maine, who has represented the ACLU on the committee, said “the group has not come close to exhaustively studying and deliberating about criminal records sealing.” Automatically sealing criminal records LD 2269 received the most pushback during Friday’s public hearing. This bill would create a process to automatically seal or make confidential criminal records for convictions for marijuana possession and related crimes committed from January 1, 2001 to January 30, 2017, the effective date of Maine’s first adult use cannabis law. Judith Meyer, editor of the Sun Journal, spoke on behalf of the Maine Press Association in opposition, stating that the automatic sealing of records would be a violation of the First Amendment guarantee that the public has a right to access records of criminal proceedings. “The Maine Press Association does not object to sealing court files with a careful balance between privacy and public interests,” Meyer said. “It’s the automating of such a seal that is our objection.” In contrast, the other two bills for records sealing that are being considered—LD 2218 and LD 2236—contain a post judgment motion review process, meaning a person has to apply to have their case sealed. “These are proper balanced tests against privacy and First Amendment rights,” Meyer said of those bills, urging the committee to consider First Amendment implications of automatic sealing, “particularly since there are bills before us that would establish the same results through the existing process of post judgment motion.” Julie Finn from the State of Maine Judicial Branch also shared concerns about LD 2269, though spoke neither for nor against. “It is clear that extensive sealing of records cannot be done without significant additional resources in order to avoid transferring court clerk’s from their existing duties processing existing pending cases,” Finn said. “Doing so would of course worsen the backlog.” Removing age prerequisites and expanding crimes eligible for sealing Under current law, a person must have been between 18 and 28 years old at the time of a crime to qualify to have their criminal history record information sealed under a post-judgment motion. LD 2218 would remove the age requirements to qualify to do so. LD 2236 specifically addresses convictions related to marijuana. It would add to the definition of “eligible criminal conviction” in Maine statute that any Class D crime related to unlawfully possessing or cultivating marijuana committed before January 30, 2017, is eligible for a person to file a post-judgment motion to seal criminal history record information. Overall, Talbot Ross said these pieces of legislation contribute to a cause she believes to be of great importance: “The careful and judicious treatment of criminal records, with an eye towards the adverse effects that our criminal records can have on the life of those carrying those records.” Editor’s Note: Maine Press Association represents about 50 newspapers and digital news outlets in the state, including Maine Morning Star. This story was first published by Maine Morning Star. As White House Hosts Marijuana Pardon Recipients, It’s Time For Bolder Action From Biden (Op-Ed) The post Maine Lawmakers Weigh Bills To Expunge And Seal Marijuana Conviction Records appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  16. “He should immediately commute the sentences of those sitting in prison for conduct involving amounts of cannabis that are far less than what state-regulated dispensaries routinely handle on a daily basis.” By Sarah Gersten, Last Prisoner Project As President Biden listed off his first-term accomplishments during his State of the Union address, Richeda Ashmeade sat studying for midterms in her last year of law school. Listening to the president tout his executive actions on cannabis, she was acutely aware of those whom his reforms have left behind. Despite all the rhetoric and applause breaks, her father, Ricardo Ashmeade, is still serving a 22-year sentence and is one of the thousands of people still in federal prison for cannabis. The specific actions Biden highlighted during his address were related to his October 2022 proclamation, in which he pardoned all prior federal offenses of simple marijuana possession, a move that was expanded on late last year to bring relief to an estimated 13,000 Americans. His executive action also initiated a review process that could result in cannabis being reclassified under the Controlled Substances Act at the federal level and moved out of Schedule I, the most dangerous drug classification. Yet neither of these actions would affect those who have suffered the most devastating consequences of prohibition, families like the Ashmeades. Biden’s actions are being hailed as historic, but in reality, they represent peripheral changes that signal the reevaluation of cannabis but not the release of cannabis prisoners or relief for those who continue to be burdened by the lasting consequences of the carceral system. In short, these announcements represent progress but not justice. But that hasn’t stopped the administration from leveraging these actions with voters. On Friday, Vice President Harris gathered several of the cannabis pardon recipients, along with rapper Fat Joe, for a public discussion about criminal justice reform at the White House. Clearly, the administration sees the political power of undoing the harms caused by the criminalization of cannabis—a sentiment that is backed up by polling data that shows the vast majority of Americans feel cannabis should no longer be criminalized. Of course, the timing and context here matter, with these moves coming as the highly contentious presidential race ramps up. When he made his remarks, Biden became the first president in over 35 years to mention marijuana during a State of the Union address. The last president to mention cannabis during the address was Reagan, who listed marijuana among the prime enemies of the people and as a reason for the necessity of the war on drugs. Not too long ago, taking a progressive stance on cannabis policy and the pardoning of those with marijuana offenses would’ve been seen as far too risky a move for any sitting president to make. President Clinton famously “didn’t inhale,” and despite the Cole memo being released during the Obama administration, data on federal prosecutions reflect that his administration was cracking down on medical marijuana dispensaries and growers just as harshly as his predecessors. Biden’s championing of his progressive marijuana reforms reflects just how much the nation’s perception of cannabis has evolved since the Reagan era, and how much the president himself has evolved since his key role in authoring some of the most punitive drug laws in our nation’s history. While the symbolic significance of President Biden’s actions should be lauded, they are still just the first step in the long road toward justice. Simple pardons will not result in the release of any of the estimated 2,800 people still incarcerated in federal prison due to other nonviolent cannabis-related convictions, nor will these pardons shield the offense from the individual’s criminal record. Furthermore, they do nothing for the tens of thousands of Americans incarcerated on state-level charges, where the vast majority of cannabis-related convictions happen. To truly fulfill his oft-repeated statement that no one should be jailed for marijuana, the president will need to take much more robust clemency action. He should immediately commute the sentences of those sitting in prison for conduct involving amounts of cannabis that are far less than what state-regulated dispensaries routinely handle on a daily basis. Then, the president must do more than just call on governors to pardon people with state-level marijuana convictions—he has to make it easy for them. That would include, at a minimum, allowing states to access federal dollars to spin up “cannabis pardoning projects,” not dissimilar from what state officials have done in Pennsylvania. With the stroke of a pen, the president can ensure his actions match his rhetoric and fulfill his campaign promises by freeing thousands of Americans languishing behind bars for the same activity that many now profit from. If he truly wants to right the wrongs of history and repair the harms of our nation’s failed drug war, this initial progress must be followed up with bolder action—action that would actually lead to freedom for cannabis prisoners. That’s why I sent a letter to President Biden outlining the measures he could take to ensure that no one remains in prison for weed at the federal level, including a list of over 150 clemency applicants the president could take action on today. These are individuals who are facing decades-long or even life sentences for nonviolent cannabis-only offenses. Individuals who have been torn from their communities and their loved ones. Individuals like Ricardo Ashmeade. It’s also why LPP is organizing the 4/20 unity day of action, where cannabis advocates and the families of those impacted by the war on drugs will mobilize to urge the federal government to decriminalize cannabis and hold Biden to his promise. The president alone cannot fully legalize and regulate marijuana, but his broad clemency power does afford him the ability to reunite Ricardo and Richeda Ashmeade in time for her graduation. He just needs the boldness to act. Sarah Gersten is the executive director and general counsel for the Last Prisoner Project. She is also a member of the National Cannabis Bar Association, the NORML Legal Committee and the National Lawyers Guild. Biden Tells Supporter He’s ‘Taking Care’ Of Marijuana Reform At Campaign Stop The post As White House Hosts Marijuana Pardon Recipients, It’s Time For Bolder Action From Biden (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  17. “We still need to consider the caregiver being allowed to administer the product on the premises, but I don’t know how that’s going to be worded.” By Alander Rocha, Alabama Reflector The Alabama Medical Cannabis Commission (AMCC) approved a set of rules Thursday for public comment to safeguard patients’ access to medical cannabis while they are in a medical facility. The proposed rules would ease licensing requirements for “professional caregivers,” or someone “whose career is to assist another person in a way that enables them to live as independently as possible,” according to the current AMCC rules, by applying the same requirements for a caregiver who might be a relative. “We certainly want to look at identifying what the issue or issues may be, and then figure out how we can address that either through the rules, or through potential legislation, if that’s what it requires,” said Justin Aday, general counsel for the commission. The proposed rules would remove requirements such as passing a screening test from the Alabama Medicaid Agency in collaboration with the Alabama Department of Rehabilitation Services and the Alabama Department of Senior Services, certification by the American Caregiver Association or employment as a nurse, therapist or other health care provider by a hospital, long-term care facility or hospice program. Aday said there could be other gaps that may need to be addressed, such as whether patients would be allowed to bring medical cannabis into a facility. The commission will have to continue to work on those issues, he said, either through new rules or legislation. “I think that we will definitely need to take the opportunity to work with various stakeholders in this to look for a solution for when these coverage in care gaps may arise based on this, and ultimately, it’s probably going to require some legislative action at some point,” Aday said. Sam Blakemore, vice chair of the commission and a pharmacist, said bringing medical cannabis into a medical facility is a concern he heard when speaking with other pharmacists. Because it’s classified as a Schedule I controlled substance, he said that administering medical cannabis in a medical setting will create a “whole set of new issues.” “We still need to consider the caregiver being allowed to administer the product on the premises, but I don’t know how that’s going to be worded,” he said. Dr. William Saliski Jr., a member of the commission, said that they will eventually have to look at approving a caregiver to administer medical cannabis in a medical facility in a “different way.” “It’s going to take on a different look, if you will, and we’re going to have to prepare for that, so I absolutely agree that this has to be reevaluated,” Saliski said. Professional caregivers would have the same requirements as a caregiver. They must register with the commission and be issued a valid medical cannabis card by the commission. They must be at least 21 years old or the parent or legal guardian of a registered qualified patient. They must also be the patient’s parent, legal guardian, grandparent, spouse or an individual with a valid power of attorney for health care of a registered qualified patient. Aday said that having qualified caregivers administering medical cannabis who have ties to a facility “makes sense.” While that was the intent of the rule, he thinks the current statute “doesn’t quite get us there yet.” “We’ve got to resolve the conflict now, and then get to work on a solution that may bring us back here, but it’s probably if it brings us back here. It’s going to have to be in conjunction with some legislation probably at a minimum,” he said. Litigation against the commission over license awards last year is still pending before state courts. Lawsuits appealed to the Court of Civil Appeals, including Verano’s, which claimed the commission did not have the authority to issue its own stay on licenses, is currently paused. Lawsuits at the Alabama Court of Civil Appeals are paused, with the court indicating it will wait for a ruling from Montgomery Circuit Judge James Anderson on two motions to dismiss the lawsuits, one from the commission and another from a company who won a license. Anderson’s ruling would come on April 15, at the earliest, giving plaintiffs and defendants two weeks each to file briefs. This story was first published by Alabama Reflector. Biden Incorrectly Says Marijuana Pardons Exempt People From Disclosing Convictions On Official Forms, Contrary To DOJ Guidance Photo courtesy of Kimzy Nanney. The post Alabama Officials Propose Rules For Medical Marijuana Access For Patients In Healthcare Facilities appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  18. For the first time since joining the ticket as President Joe Biden’s running mate in 2020, Vice President Kamala Harris has called for the legalization of marijuana—signaling a possible shift in the administration’s platform heading into the November elections. Harris told a room of cannabis pardon recipients at the White House on Friday that “we need to legalize marijuana,” a participant in the meeting has revealed. Harris had already made news earlier in the day, calling on the Drug Enforcement Administration (DEA) to reschedule cannabis “as quickly as possible” in public opening remarks before the closed-door roundtable with the clemency beneficiaries. But sitting below a portrait of Teddy Roosevelt after the media was cleared out of the West Wing’s Roosevelt Room, the vice president raised her hands in the air and called for an end to federal cannabis prohibition, a longtime activist and pardon recipient who attended the event tells Marijuana Moment. “Saying those words out loud—saying it in the Roosevelt Room—it did feel very meaningful,” said New Jersey-based advocate Chris Goldstein, who recently received a pardon certificate from DOJ after being formally forgiven for a 2014 cannabis possession case stemming from a protest advocating for federal marijuana policy reform. “It wasn’t lost on anyone there.” Harris sponsored a marijuana legalization bill while serving as a U.S. senator and ran on the issue during her unsuccessful 2020 Democratic presidential primary campaign, but she has not publicly called for the broad reform since signing on as Biden’s running mate later that year. Instead, during that general election campaign and while servicing as vice president she has embraced Biden’s more limited platform that focuses on ending the incarceration of people for using marijuana and providing pardons for certain cannabis offenses. Goldstein was one of three pardon recipients who joined the vice president—in addition to Kentucky Gov. Andy Beshear (D), rapper Fat Joe and others—for Friday’s White House roundtable discussion on the Biden administration’s cannabis clemency efforts. “The greatest thing about the meeting today was it did not feel like a one-time event. Everything about today—and there were some words expressed about doing more things like this—the White House wants to engage on this policy consistently. That’s clemency, criminal justice, marijuana legalization,” Goldstein told Marijuana Moment on Friday after the meeting. “They want to be right in it, and right now the White House has an important role to play and they’re doing it.” The vice president’s call for legalization—albeit only behind closed doors and out of earshot of the press, for now—represents a meaningful development for the administration. Harris didn’t speak on behalf of the president, but throughout their first term, neither Harris nor Biden has embraced the increasingly bipartisan policy of ending federal cannabis prohibition. In fact, the White House has said at points that the president’s position against federal legalization hasn’t changed and he was only willing to associate himself with yet-unfulfilled campaign pledges to decriminalize marijuana, allow medical cannabis and release people currently incarcerated over the plant. None of that has happened to date. But as was highlighted at the White House event, the president has pardoned thousands of people who’ve committed federal cannabis possession offenses. And he additionally directed federal agencies to carry out a review into marijuana scheduling. In the public-facing portion of Friday’s meeting, Harris said strongly that DEA must reschedule marijuana “as quickly as possible,” calling it “absurd” and “patently unfair” that cannabis is still classified in the same category as heroin. She said she looked forward to the completion of the review, which has involved the U.S. Department of Health and Human Services (HHS) recommending to DEA that it move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). “We need to have a resolution based on their findings and their assessment,” she said. “This issue is stark when one considers the fact that on the schedule currently, marijuana is considered as dangerous as heroin. Marijuana is considered as dangerous as heroin and more dangerous than fentanyl—which is absurd, not to mention patently unfair.” Moving marijuana to Schedule III would not federally legalize marijuana, however. And the vice president recognized that reality in remarks to the group of invited guests. The White House’s internal media team recorded the closed-door portions of the roundtable meeting, Goldstein said, but it has not yet released any materials, including Harris’s remarks on legalization. Marijuana Moment reached out to vice president’s office for comment, but a representative was not immediately available. “We’ve seen the vice president really taking a lot of good, strong positions lately—and and I think that’s a good one to take. It’s not a new one for her,” Goldstein said, referencing Harris’s vocal support for legalization during her time in the Senate, where she sponsored a comprehensive reform bill, as well as on the campaign trail competing for the 2020 Democratic nomination against the current president. Today = "We need to legalize marijuana," said Vice President Harris in the Roosevelt Room at the @WhiteHouse w @fatjoe @GovAndyBeshear #CannabisCommunity — Chris Goldstein (@freedomisgreen) March 15, 2024 A look at Harris’s career shows she has a complex cannabis legacy. Before embracing legalization, she enforced criminalization and proactively opposed a 2010 cannabis legalization ballot initiative as a San Francisco prosecutor and later as California’s attorney general. But her position has shifted dramatically over the years. While the purpose of Friday’s meeting was focused on the president’s clemency action—which he historically touted in his State of the Union address last week—the event seems to be the latest signal that the administration is hoping to appeal to voters ahead of the November election by promoting an issue with bipartisan popularity, especially among critical young voters. The president’s mention of his marijuana pardons and administrative scheduling review directive during last week’s speech before a joint session of Congress was a key acknowledgement to that end. And it was well-received, evidenced in part by the massive social media response it elicited. That said, the president did again misstate the scope of his administrative actions on marijuana, falsely asserting that he expunged thousands of records when, in fact, a pardon does not clear a person’s record. His mistaken belief could end up causing legal issues for recipients, too, as he not only continues to insist that those cases are sealed but also claimed this week that those who received clemency no longer need to disclose their arrests or convictions on official forms, contrary to the law. In any case, it appears that the vice president is being cast as the messenger on the administration’s marijuana policy heading into the election, which could serve both top executives well. For example, a recent poll that showed how Biden’s marijuana moves stand to benefit him in November. The survey found the president’s favorability spiked after people were made aware of the possibility that cannabis could be rescheduled under the Biden-initiated review. Harris, for her part, also faced criticism last month after sharing a video where she claimed the administration had “changed federal marijuana policy.” Again, while Biden has issued thousands of simple possession pardons and directed the ongoing review into federal cannabis scheduling, the law itself has not changed at this point, and campaign pledges to decriminalize marijuana have yet gone unfulfilled. The vice president’s video also showed a map with incorrect information on which states have legalized cannabis to date. Whether DEA accepts the HHS recommendation is yet to be seen. And while many expect an announcement will happen before the election, the timeline is uncertain. HHS Secretary Xavier Becerra defended his agency’s rescheduling recommendation during a Senate committee hearing on Thursday and later told cannabis lobbyist Don Murphy that he should pay DEA a visit and “knock on their door” for answers about the timing of their decision. Certain DEA officials are reportedly resisting the Biden administration’s rescheduling push, disputing the HHS findings on marijuana’s safety profile and medical potential, according to unnamed sources who spoke with The Wall Street Journal. The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement—including a group that counts DEA Administrator Anne Milgram among its members. On the president’s pardon action, Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last month that the clemency should be “extended all the way out, and any unintended or intended consequences of the war on drugs should be dealt with to repair the damage.” Former Rep. Ed Perlmutter (D-CO), however, told Marijuana Moment that he’s been “very pleased” with Biden’s clemency actions, arguing that the president has “taken some pretty, in my opinion, bold steps.” Meanwhile, the U.S. Army recently clarified in a branch-wide notice that marijuana possession violations under the military drug code weren’t eligible under the president’s pardons. Sen. John Fetterman (D-PA) called it a “mistake” to exclude military from the relief. Also, the governor of Massachusetts announced on Wednesday that she is moving to pardon “hundreds of thousands” of people with misdemeanor marijuana convictions on their records, in line with Biden’s push for state-level clemency. Maryland Senators Approve Psychedelics Task Force Bill In Committee, Days After House Passes Companion Measure Photo element courtesy of California Attorney General’s Office. The post Kamala Harris Says ‘We Need To Legalize Marijuana’ For First Time Since Joining Biden Ticket, Signaling Potential Shift Ahead Of Election appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  21. “This is going to cause a lot of folks to probably avoid the program altogether.” By Alexander Lekhtman, Filter On March 12, legislation that would impose multiple barriers on medical marijuana access in Kentucky passed through the House and on to the Senate. Among other stipulations, the proposed bill would make many people convicted of drug possession ineligible for the state’s medical marijuana program. House Bill 829 would require prospective patients pass background checks before they can be issued a medical marijuana card. It would further require them to meet with a pharmacist before they can buy medical marijuana from a dispensary, and would allow K-12 schools to opt out of medical marijuana access policies. Under the proposed legislation, no one with a felony conviction that’s classified as “violent” or that involves controlled substances would be permitted to enroll. While Kentucky punishes some violations of the controlled substances act as misdemeanors, it’s a felony to possess substances including fentanyl, methamphetamine, LSD and GHB, and for drug convictions other than possession. Kentucky NORML Executive Director Matthew Bratcher told Filter that it’s unusual for a state to require background checks in order for someone to enroll on the medical marijuana registry. “This is going to cause a lot of folks to probably avoid the program altogether,” Bratcher said. “This is not a great start. It’s going to be problematic going forward.” Kentucky enacted its medical cannabis program in 2023. In K-12 school districts that decide to participate in the program, HB 829 would permit individual schools to opt out. The rest would be required to figure out the infrastructure necessary for all medical cannabis to be administered under staff supervision. “If a student is [prescribed a] controlled substance, and they have access to it, it shouldn’t be an issue. And isn’t, with any other scheduled drug,” Bratcher said. “Cannabis should be no different.” On March 1, a bipartisan bill was filed that would add another 15 qualifying conditions to the program, for a total of 21. Senate Bill 337 could expand access to an estimated 437,000 new patients, and is supported by Gov. Andy Beshear (D). — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Beshear supported the medical marijuana legislation and has spoken favorably of adult-use legalization. But despite Republican support for certain aspects of cannabis access, the party’s supermajorities in the Kentucky House and Senate mean Beshear’s support doesn’t necessarily matter. In 2012, Connecticut was the first state to require dispensaries have pharmacists on staff to speak with patients about their medication, and multiple other states have taken up similar laws since then. The consultations would cost $40 for the patient, and significant compliance costs to the state. Brachter said the requirement is redundant, as patient medical history including any other medications they’re currently taking would already have been established by the physician who diagnosed them with their qualifying conditions. “There’s not much of an upside to it.” This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Facebook or Twitter, or sign up for its newsletter. Congressional Committee Will Take Up Medical Marijuana And Psychedelics Bills For Veterans At Hearing Next Week The post Kentucky House Votes To Bar People With Some Drug Convictions From Enrolling In Medical Marijuana Program appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  22. Vice President Kamala Harris says the Drug Enforcement Administration (DEA) must reschedule marijuana “as quickly as possible,” calling it “absurd” and “patently unfair” that cannabis is still classified in the same category as heroin. At the beginning of a meeting at the White House with a group of people who received marijuana pardons under the president’s proclamations, Harris delivered a statement promoting both the administration’s clemency actions and its marijuana scheduling directive that led the U.S. Department of Human Service (HHS) to recommend that DEA reschedule cannabis under the Controlled Substances Act (CSA). “I cannot emphasize enough that they need to get to it as quickly as possible,” the vice president said of the ongoing scheduling review. “And we need to have a resolution based on their findings and their assessment.” “This issue is stark when one considers the fact that on the schedule currently, marijuana is considered as dangerous as heroin. Marijuana is considered as dangerous as heroin and more dangerous than fentanyl,” she said. “Which is absurd. Not to mention patently unfair.” “I’m sure DEA is working as quickly as possible and will continue to do so, and we look forward to the product of their work,” Harris said. The overall purpose of Friday’s meeting was to better understand the pardon recipients’ clemency experiences and “address specifically the injustices that we have seen in federal marijuana policy,” she said. This event comes as the administration becomes increasingly vocal about cannabis reform record ahead of the November elections. “Nobody should have to go to jail for smoking weed. And what we need to do is recognize that far too many people have been sent to jail for simple marijuana possession,” the vice president said, noting racial disparities in cannabis enforcement. Following her opening remarks, Harris then participated in a closed-door roundtable discussion with three pardon recipients, along with Kentucky Gov. Andy Beshear (D) and rapper Fat Joe. Staff with the VP’s office started reaching out to people who were pardoned under President Joe Biden’s 2022 and 2023 proclamations earlier this year, taking meetings as officials worked to better understand how they’ve navigated the process, which has also involved Justice Department issuing certificates for the pardons. A White House official told Marijuana Moment ahead of Friday’s meeting that Harris would “highlight various actions that the Biden-Harris Administration has taken to advance long-overdue criminal justice reforms” at the event. One of the individuals who took part in the event is a longtime cannabis activist, Chris Goldstein, who recently received a pardon certificate from DOJ after being formally forgiven for a 2014 cannabis possession case stemming from a protest advocating for federal marijuana policy reform. Goldstein told Marijuana Moment that he met with U.S. Pardon Attorney Elizabeth Oyer over the last month to go over the logistics of the event. Oyer’s office has been overseeing the clemency certification process. Harris, for her part, has a complex cannabis legacy. During her time as a San Francisco prosecutor and later as California’s attorney general, she enforced criminalization and proactively opposed a 2010 cannabis legalization ballot initiative, at one point laughing dismissively in response to a report’s question about enacting reform. But her position has shifted dramatically over the years, and Harris went on to sponsor a bill to federally legalize marijuana as a U.S. senator in 2019. Beshear, the governor of Kentucky who also participated in the White House roundtable, has been vocal about his support for cannabis reform, signing a medical marijuana legalization bill into law last year and taking executive action to legally protect patients who possess medical cannabis purchased at out-of-state licensed retailers by exercising his unilateral authority to grant pardons to anyone who meets certain criteria. Happening Now: Tune in as I convene a roundtable conversation about marijuana reform with Fat Joe, Governor Andy Beshear, and individuals who have received pardons for prior marijuana convictions https://t.co/CA6Ej3WEA7 — Vice President Kamala Harris (@VP) March 15, 2024 After Biden issued his first pardon proclamation in October 2022, Beshear said he was “actively considering” possible marijuana clemency actions the state could take and encouraged people to petition for relief in the interim. In 2021, he also talked about his desire to let Kentucky farmers grow and sell recreational cannabis across state lines. While the purpose of the meeting was focused on the president’s clemency action—which he historically touted in his State of the Union address last week—the event seems to be the latest signal that the administration is hoping to appeal to voters ahead of the November election by promoting an issue with bipartisan popularity, especially among critical young voters. The president’s mention of his marijuana pardons and administrative scheduling review directive during last week’s speech before a joint session of Congress was a key acknowledgement to that end. And it was well-received, evidenced in part by the massive social media response it elicited. That said, the president did again misstate the scope of his administrative actions on marijuana, falsely asserting that he expunged thousands of records when, in fact, a pardon does not clear a person’s record. Biden also told a supporter at a campaign stop in Wisconsin on Wednesday that he was “taking care” of marijuana reform, touting his pardons. The popularity of administrative cannabis reform was also underscored in a recent poll that showed how Biden’s marijuana moves stand to benefit him in November. The survey found the president’s favorability spiked after people were made aware of the possibility that cannabis could be rescheduled under the Biden-initiated review. Harris, for her part, also faced criticism last month after sharing a video where she claimed the administration had “changed federal marijuana policy.” While Biden has issued thousands of simple possession pardons and directed the ongoing review into federal cannabis scheduling, the law itself has not changed at this point, and campaign pledges to decriminalize marijuana have yet gone unfulfilled. The vice president’s video also showed a map with incorrect information on which states have legalized cannabis to date. Following its review, HHS advised DEA specifically to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). While that possibility evidently moves the needle for Biden among the general public, equity-focused advocates have stressed the point that it would not legalize marijuana, nor would it do anything to address the decades of harm under prohibition. It would allow state cannabis to take federal tax deductions that they’re currently barred from under an Internal Revenue Service (IRS) code known as 280E, however. Whether DEA accepts the HHS recommendation is yet to be seen. And while many expect an announcement will happen before the election, the timeline is uncertain. HHS Secretary Xavier Becerra defended his agency’s rescheduling recommendation during a Senate committee hearing on Thursday and later told cannabis lobbyist Don Murphy that he should pay DEA a visit and “knock on their door” for answers about the timing of their decision. Certain DEA officials are reportedly resisting the Biden administration’s rescheduling push, disputing the HHS findings on marijuana’s safety profile and medical potential, according to unnamed sources who spoke with The Wall Street Journal. The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement—including a group that counts DEA Administrator Anne Milgram among its members. On the president’s pardon action, Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last month that the clemency should be “extended all the way out, and any unintended or intended consequences of the war on drugs should be dealt with to repair the damage.” Former Rep. Ed Perlmutter (D-CO), however, told Marijuana Moment that he’s been “very pleased” with Biden’s clemency actions, arguing that the president has “taken some pretty, in my opinion, bold steps.” Meanwhile, the U.S. Army recently clarified in a branch-wide notice that marijuana possession violations under the military drug code weren’t eligible under the president’s pardons. Sen. John Fetterman (D-PA) called it a “mistake” to exclude military from the relief. Also, the governor of Massachusetts announced on Wednesday that she is moving to pardon “hundreds of thousands” of people with misdemeanor marijuana convictions on their records, in line with Biden’s push for state-level clemency. Biden Tells Supporter He’s ‘Taking Care’ Of Marijuana Reform At Campaign Stop The post VP Kamala Harris Tells DEA To Reschedule Marijuana ‘As Quickly As Possible’ At White House Meeting With Pardon Recipients appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  23. President Joe Biden’s mistaken belief that his marijuana pardons expunged records could end up causing legal issues for recipients, as he not only continues to insist that those cases are sealed but now claims that those who received clemency no longer need to disclose their arrests or convictions on official forms, contrary to the law. The president has said on multiple occasions—including during his State of the Union address last week—that his pardons expunged thousands of cases, even though presidential pardons simply represent formal forgiveness and, as the Justice Department and congressional researchers have clarified, the forgiven offenses remain on the recipient’s record. But what’s been largely chalked up to a rhetorical blunder became a more pressing concern on Wednesday, as Biden told supporters at his Wisconsin campaign headquarters that people who were pardoned are no longer required to disclose their cannabis records on forms such as employment or housing applications that prompt them to provide that information. After acknowledging a supporter who held a sign quoting his position that nobody should be jailed over marijuana possession and telling him that he’s “taking care” of the issue, the president again conflated pardons with expungements and then went further, suggesting that the relief exempted recipients from broader disclosure requirements. “No one is going to be jailed. No one should be jailed for just using and possessing marijuana and it staying on their record,” he said, according to a White House readout. “By the way, the fact of the matter is that stays on their record all—the whole time just for smoking marijuana. Now, if you’re out selling it, if you’re out growing, it’s a different deal. But if you’re just using, it should be wiped off your record.” “Because you have that on your record, you have to—’Have you ever been arrested or do you have a felony on your record?’ You have to put ‘yes,'” he said, referencing forms that require the disclosure such as certain job applications. “Not anymore. Not anymore.” (Emphasis added.) While some states have moved to “ban the box”—a phrase associated with preventing employers from inquiring about certain past convictions on application forms—there are still various penalties for failing to be truthful about that disclosure if that information is solicited. And the Justice Department has made clear that presidential pardons do not exempt people from that requirement. Presidential pardon guidance that DOJ has issued says that a “presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen, to some extent, the stigma arising from a conviction.” However, “it will not erase or expunge the record of your conviction.” “If your petition is granted, both your conviction and pardon will show on your record,” it says. “Therefore, even if you are granted a pardon, you must still disclose your conviction on any form where such information is required, although you may also disclose the fact that you received a pardon.” Further, a presidential pardon acknowledgement from former Acting U.S. Pardon Attorney Rosalind Sargent-Burns that was sent to Weldon Angelos, who received clemency for his own cannabis conviction under the Trump administration, specifically addresses the disclosure issue. The pardon “does not erase or expunge the record of conviction and does not indicate innocence,” the document, shared with Marijuana Moment, says. “On any application or other document that requires the information, a pardon recipient should disclose the fact of his or her conviction. However, the information that a pardon has been granted may be included and the warrant may be shown.” Also, in an email to Biden’s cannabis pardon recipients who applied for a certification, DOJ clarifies that the “pardon means that you’re forgiven, but you still have a criminal record.” The Congressional Research Service (CRS) additionally explained in a November 2022 report that the presidential marijuana pardon “may not remove all legal consequences of marijuana possession, because it does not expunge convictions.” “Moreover, some collateral consequences of marijuana-related activities do not depend on a person being charged with or convicted of a [Controlled Substances Act] violation,” it said. Marijuana Moment reached out to the White House and Justice Department for comment, but a representative was not immediately available. The U.S. Office of the Pardon attorney under DOJ acknowledged an inquiry via email but referred it to an online media submission form where the question had already been submitted and unanswered. Again, the president’s incorrect assessment of his pardons as equivalent to expungements has been a recurring theme in various speeches where he’s touted the clemency action. It’s become a point of frustration for certain advocates who have pushed the administration to go further than simple possession pardons by fulfilling campaign pledges to federally decriminalize cannabis and actually expunge records. Biden’s comments at his Wisconsin campaign headquarters this week come as Vice President Kamala Harris prepared to meet with three cannabis pardon recipients at the White House for a roundtable event on Friday to learn more about their experience with the clemency process, including receiving certificates of the forgiveness from the Justice Department. Staff with the VP’s office started reaching out to people who were pardoned under Biden’s 2022 and 2023 proclamations earlier this year, taking meetings as officials worked to better understand how they’ve navigated the process. One of the individuals who is taking part in the event is a longtime cannabis activist, Chris Goldstein, who recently received a pardon certificate from DOJ after being formally forgiven for a 2014 cannabis possession case stemming from a protest advocating for federal marijuana policy reform. Goldstein told Marijuana Moment that he met with U.S. Pardon Attorney Elizabeth Oyer over the last month to go over the logistics of the event. Oyer’s office has been overseeing the clemency certification process. While the purpose of the meeting is focused on the president’s clemency action, the event seems to be the latest signal that the administration is hoping to appeal to voters ahead of the November election by promoting an issue with bipartisan popularity, especially among critical young voters. The president’s mention of his marijuana pardons and administrative scheduling review directive during last week’s speech before a joint session of Congress was a key acknowledgement to that end—even if not an entirely accurate accounting of the actions. It was nonetheless well-received, evidenced in part by the massive social media response it elicited. The popularity of administrative cannabis reform was also underscored in a recent poll that showed how Biden’s marijuana moves stand to benefit him in November. The survey found the president’s favorability spiked after people were made aware of the possibility that cannabis could be rescheduled under the Biden-initiated review. Harris, for her part, also faced criticism last month after sharing a video where she claimed the administration had “changed federal marijuana policy.” While Biden has issued thousands of simple possession pardons and directed the ongoing review into federal cannabis scheduling, the law itself has not changed at this point, and campaign pledges to decriminalize marijuana have yet gone unfulfilled. The vice president’s video also showed a map with incorrect information on which states have legalized cannabis to date. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Following its review, the U.S. Department of Health and Human Services (HHS) advised the Drug Enforcement Administration (DEA) to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). While that possibility evidently moves the needle for Biden among the general public, equity-focused advocates have stressed the point that it would not legalize marijuana, nor would it do anything to address the decades of harm under prohibition. It would allow state cannabis to take federal tax deductions that they’re currently barred from under an Internal Revenue Service (IRS) code known as 280E, however. Whether DEA accepts the HHS recommendation is yet to be seen. And while many expect an announcement will happen before the election, the timeline is uncertain. HHS Secretary Xavier Becerra defended his agency’s rescheduling recommendation during a Senate committee hearing on Thursday and later told cannabis lobbyist Don Murphy that he should pay DEA a visit and “knock on their door” for answers about the timing of their decision. Certain DEA officials are reportedly resisting the Biden administration’s rescheduling push, disputing the HHS findings on marijuana’s safety profile and medical potential, according to unnamed sources who spoke with The Wall Street Journal. The Biden administration was recently pressed to reschedule marijuana by two coalitions representing military veterans and law enforcement—including a group that counts DEA Administrator Anne Milgram among its members. On the president’s pardon action, Rep. Barbara Lee (D-CA), co-chair of the Congressional Cannabis Caucus, told Marijuana Moment last month that the clemency should be “extended all the way out, and any unintended or intended consequences of the war on drugs should be dealt with to repair the damage.” Former Rep. Ed Perlmutter (D-CO), however, told Marijuana Moment that he’s been “very pleased” with Biden’s clemency actions, arguing that the president has “taken some pretty, in my opinion, bold steps.” Meanwhile, the U.S. Army recently clarified in a branch-wide notice that marijuana possession violations under the military drug code weren’t eligible under the president’s pardons. Sen. John Fetterman (D-PA) called it a “mistake” to exclude military from the relief. Also, the governor of Massachusetts announced on Wednesday that she is moving to pardon “hundreds of thousands” of people with misdemeanor marijuana convictions on their records, in line with Biden’s push for state-level clemency. Maryland Senators Approve Psychedelics Task Force Bill In Committee, Days After House Passes Companion Measure The post Biden Incorrectly Says Marijuana Pardons Exempt People From Disclosing Convictions On Official Forms, Contrary To DOJ Guidance appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  24. A Maryland Senate committee has unanimously approved a bill to create a psychedelics task force to study and make recommendations on a possible regulatory framework for substances such as psilocybin and DMT. It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. With a key legislative deadline fast approaching, the Senate Finance Committee on Friday moved to replace the language of the legislation from Sen. Brian Feldman (D) with that of an amended companion version that cleared the full House of Delegates this week, and then advanced it on a voice vote. “Right off the bat, I have to say some of you may look at the bill and you’re gonna see the name ‘psychedelic substances,’ and many of you might immediately tune out,” Feldman said at an earlier hearing the committee held to consider the legislation on Thursday. “Similar to 10 years ago when I was here and the topic of medical cannabis came up, and it was a similar kind of thing like, ‘What the heck? What are we thinking? What are we doing? And of course now we’ve got 40 states in the United States that have legalized medical cannabis.” “This is actually an area that’s been studied far more than cannabis, whether for behavioral health issues related to post-traumatic stress disorder, addiction, broader behavioral health, depression issues, chronic pain,” the senator, who also championed marijuana legalization in the Senate in a prior session, said. “It’s just another tool in the toolbox when you’re dealing with treatments.” The legislation would establish a “Task Force on Responsible Use of Natural Psychedelic Substances” that would be overseen by the Maryland Cannabis Administration (MCA). Members of the task force would be required to examine and make recommendations on issues such as “permitting requirements, including requirements regarding education and safety,” “access to treatment and regulated support” and “production of natural psychedelic substances.” There are also provisions tasking the body with looking into expunging prior convictions for psychedelics and releasing people incarcerated for such offenses, along with a mandate to make recommendations on potential civil penalties for “nonviolent infractions involving the planting, cultivating, purchasing, transporting, distributing, or possessing of or other engagement with natural psychedelic substances.” Under the bill, the governor, legislative leaders and various state agencies would be responsible for appointing the 17-member task force that would specifically consider policies around psilocybin, psilocin, dimethyltryptamine and mescaline (not derived from peyote). Under a recent amendment, the legislation would also give members discretion to put more psychedelics under review as they see fit. The body’s recommendations would be due to the governor and legislature by July 31, 2025. The legislation would sunset after two and a half years. The crossover deadline in the legislature is Monday, so senators will need to move quickly if they want the chamber’s measure to pass alongside the House measure. Feldman, the sponsor, told the committee chair on Thursday that he’d like to see his version advance through the full body in time, but he said he’d also be amenable to approving the amended House companion if there were time constraints. The House version as originally introduced contained more prescriptive requirements to explore and issue recommendations on aspects of psychedelics policy such as “systems to support statewide online sales of natural psychedelic substances with home delivery” and “testing and packaging requirements for products containing natural psychedelic substances with clear and accurate labeling of potency.” That language was taken out in an amendment and also did not appear in the original Senate version as drafted. The task force legislation is advancing about two years after a different law took effect creating a state fund to provide “cost-free” access to psychedelics like psilocybin, MDMA and ketamine for military veterans suffering from PTSD and traumatic brain injury. A number of state legislatures are pursuing psychedelics policy reform this session, with a focus on therapeutic access. — Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — For example, the Indiana legislature recently sent a bill to the governor’s desk that includes provisions to fund clinical research trials into psilocybin. On Monday an Arizona House panel approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. Utah lawmakers last week unanimously approved a Republican-led bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option, sending it to the governor. Also last week a Missouri House committee unanimously approved a bill to legalize the medical use of psilocybin by military veterans and fund studies exploring the therapeutic potential of the psychedelic. Connecticut lawmakers held a hearing on a bill to decriminalize possession of psilocybin last week. A Vermont legislative panel continued its consideration this month of a bill that would legalize psilocybin in the state and establish a work group on how to further regulate psychedelics for therapeutic use. The governor of New Mexico recently endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois senator recently introduced a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Alaska House and Senate committees are considering legislation that would create a task force to study how to license and regulate psychedelic-assisted therapy in anticipation of eventual federal legalization of substances like MDMA and psilocybin. Lawmakers in Hawaii are also continuing to advance a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers also said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. Bipartisan California lawmakers also recently introduced a bill to legalize psychedelic service centers where adults 21 and older could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Hawaii Joint House Panels Advance Senate-Passed Marijuana Legalization Bill Despite Concerns From Advocates Photo courtesy of Dick Culbert. The post Maryland Senators Approve Psychedelics Task Force Bill In Committee, Days After House Passes Companion Measure appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  25. A House committee in Alaska held a hearing Thursday on a bill to create a state task force that would study how to license and regulate psychedelic-assisted therapy—a plan supporters say will help prepare the state for the forthcoming federal approval of substances such as MDMA and psilocybin. At the meeting of the House State Affairs Committee, the bill’s sponsor, Rep. Jennie Armstrong (D) told members that given federal Food and Drug Administration’s (FDA) likely sign-off on psychedelic-assisted therapy, it’s important that Alaska be prepared at the state level. “The state has to do this work anyway,” she said. “We think it’s better to have it be done by a group of very passionate volunteers from across the state, from different groups, and be prepared, so that when this medicine is medicalized, we don’t have folks showing up to their doctor saying, ‘I want this,’ and they go, ‘Oh, sorry, the state hasn’t figured out licensing yet!'” Armstrong emphasized that the Mental Health & Psychedelic Medicine Task Force “will not consider or take a position on the medicalization, decriminalization, or legalization of psychedelic medicines.” “The purpose is for this task force,” she said, “to create a set of policy recommendations for the next legislature, the 34th, to consider in advance of the almost 99.9 percent certain medicalization of certain psychedelic medicines by the FDA so that we can be prepared when that happens.” As part of her comments at Thursday’s hearing, Armstrong had prepared a presentation explaining the goals and mechanics of the task force, but she said the slides “didn’t make it in time” to the hearing. A slide from a presentation given to the panel by the bill’s sponsor, Rep. Jennie Armstrong If it becomes law, the proposal would not itself change the legal status of any drugs. Rather, it would create a legislative task force that would spend the rest of 2024 studying how to license and regulate psychedelic therapy in Alaska. A report from the group with recommendations would be due on or before December 31, 2024. Both MDMA and psilocybin have been granted breakthrough therapy status by FDA, and recent clinical trials have MDMA on pace for possible FDA approval later this year. As part of invited testimony at Thursday’s hearing, Anchorage-based psychotherapist and military veteran Michael DeMolina expressed his “strong support” for the bill. “What I can report to you is that the research really supports this methodology,” he said. “I’ve seen the videos now of those Phase 3 trials of our veterans receiving the therapeutic modality. And I’ve seen videos of women who are survivors of domestic violence and sexual assault receiving this therapy. And I’ve gained valuable insights into the transformative power of psychedelic assisted therapy.” “I think it’s important to convene the task force on this because the day that the FDA, you know—might reschedule as soon as August, we don’t know what those guidelines are going to be,” he added. “And frankly, being in Alaska for 35 years, I’d sure like to think that we would be ahead of this curve instead of behind it.” The task force report would include “what regulations or other changes are necessary in the state for Alaskans to safely benefit from these new treatment for mental health issues,” according to a statement Armstrong submitted to the panel before the hearing, “such as treatment-resistant depression, post-traumatic stress disorder, substance use disorder and other mental health issues common in Alaska.” As Armstrong noted, Alaska has “the highest share of veterans per capita and one of the highest suicide rates in the nation.” “Coupled with also being a state where 43.3 percent of women and 30.2 percent of men in Alaska experience domestic violence and related crimes in their lifetimes and where 84 percent of American Indian/Alaska Native women experience violence,” she continued, “there is a potential for these medicines to have a profoundly positive impact on the mental health crises we see statewide.” Armstrong testified that the task force is necessary because, while FDA approves dozens of novel drugs every year, “not all of them have the potential to make as outsized of an impact as this one does.” She quoted an FDA official, Javier Muniz, who said, “Popular media is inundated with overwhelmingly positive references to these drugs…. The high degree of enthusiasm and anticipation is beyond anything we’ve ever seen with any unapproved psychiatric drug.” “This type of medicine is very unique,” Armstrong said, “and requires us to look at that through the lens of a task force.” A fiscal note from the Department of Commerce, Community and Economic Development says the state would incur no cost from the change. Earlier this month, members of a separate House panel adopted amendments to bring the bill into alignment with its Senate companion, SB 166, which has already passed out of one committee in that chamber and had another committee hearing in February. Among other changes, the amendments made the task force a legislative group rather than an executive one—designed to reduce the proposal’s fiscal note to zero—and added a member to the task force representing psychiatric nurse practitioners. Also, rather than have the task force elect a chair itself, the latest version of the bill says that the members appointed by the president of the Senate and speaker of the House of Representatives would by default serve as the group’s co-chairs. Sponsors filed the legislation in both chambers in January. Alaskans generally support reforms to policies around psychedelics, especially with regard to mental health. Just under half (49.4 percent) of those surveyed in a recent poll said they favor broadly removing criminal penalties around substances such as psilocybin mushrooms. When respondents were told that Alaska has particularly high rates of mental illnesses that could potentially be treated with psychedelics, however, support for the reform rose to 65 percent. “It’s inspiring to see such a positive shift in how people view the use of these plant medicines,” said the Alaska Entheogenic Awareness Council (AKEAC), an advocacy group that published the new poll. “More people are recognizing the value of these substances in addressing certain mental health conditions.” That’s true not only in Alaska but across the country. A growing number of states are pursuing psychedelics reform legislation this legislative session, with a focus on research and therapeutic access. In Indiana, lawmakers recently sent a bill to the governor’s desk that includes provisions to fund clinical research trials into psilocybin with a focus on military veterans and first responders. Meanwhile, the Maryland House of Delegates this week passed a bill to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT. It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. Utah lawmakers last week unanimously approved a Republican-led bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option, sending it to the governor. Also last week, a Missouri House committee unanimously approved a bill to legalize the medical use of psilocybin by military veterans and fund studies exploring the therapeutic potential of the psychedelic. Connecticut lawmakers held a hearing on a bill to decriminalize possession of psilocybin last week. A Vermont legislative panel continued its consideration this month of a bill that would legalize psilocybin in the state and establish a work group on how to further regulate psychedelics for therapeutic use. The governor of New Mexico recently endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois senator recently introduced a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii are also continuing to advance a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers also said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. Bipartisan California lawmakers also recently introduced a bill to legalize psychedelic service centers where adults 21 and older could access psilocybin, MDMA, mescaline and DMT in a supervised environment with trained facilitators. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Congressional Committee Will Take Up Medical Marijuana And Psychedelics Bills For Veterans At Hearing Next Week Photo courtesy of Wikimedia/Mushroom Observer. The post Alaska House Panel Takes Testimony On Bill To Create Psychedelic-Assisted Therapy Task Force Ahead Of Federal Rescheduling appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  26. “I think you need to get it right but I think timeliness is critical.” By Peter Callaghan, MinnPost Minnesota state cannabis regulators think a key to getting the state’s program up and running by next spring is a lottery. Not THE lottery, as in the Minnesota state lottery. But a similarly random method for deciding which applicants receive the first licenses to open stores, build large grow operations or create the combination enterprises known as cannabis microbusinesses and cannabis mezzobusinesses. While the method in current law—deciding which applicants win licenses based on how many points they accumulate—might be just as fast, it is also more likely to attract lawsuits that will slow the process, regulators say. Litigation in other states, often over the preference given to what are defined as social equity applicants, has delayed the opening of stores and other cannabis businesses. So a lottery, as well as other changes in the 2023 recreational marijuana law, can be seen as a lawsuit repellant. “What we have seen, particularly when it comes to how you determine social equity status, is that a point system has been subject to legal challenge,” said interim Office of Cannabis Management director Charlene Briner in an interview this week. “We’re certainly not creating these proposals based solely on the lens of mitigating legal risk. But it is certainly a factor that we consider, because one of the biggest challenges in other states has been the constant parade of legal challenges.” Gov. Tim Walz (D) said Wednesday that it makes sense to foresee the chances for litigation and respond in the bill. “I think you need to get it right but I think timeliness is critical,” Walz said. “My goal is to still meet the timelines.” Current law envisions non-tribal retail sales to begin in March of 2025. The 2023 law created a complex points system under which applicants would get bonuses for meeting a list of goals, from being a veteran to having financial plans and employee training systems in place. At least 20 percent of the points available would go to what are defined as social equity applicants. Those are meant to help people and communities who suffered under marijuana prohibition benefit financially from legalization. But points systems in other states have been accused of being arbitrary and discriminatory, because they cannot be put in place without some subjectivity on the part of the state agencies that award points. A 2022 suit against New York’s social equity licensing plan delayed that state’s rollout and contributed to widespread illegal sales. Similar suits have led to a reappraisal in how social equity considerations are used. (MJBiz reported that the same couple from California has been involved in many of the legal challenges.) In an essay assessing the first decade of state legalization, a consulting firm that works for the Minnesota Office of Medical Cannabis noted that “nowhere has the tension between good intentions and impossible implementation been felt more acutely than the social equity licensing programs.” The article, by Mackenzie Slade, executive director of the Cannabis Public Policy Consulting, drew two conclusions on how to avoid “a failed program”: Point systems should never be used to determine who gets licenses. Social equity applicants should be allowed to raise money from non-social equity investors. OCM is proposing to change Minnesota’s law to allow social equity applicants to raise more money from non-social equity investors (more on that below). But the abandonment of the points systems is at the heart of the legislation requested last week by Briner. “The legislation that passed last year does contain provisions that when you look across what has happened in other states is a lightning rod for litigation, especially the type of litigation that can hold up licensure altogether,” said Leili Fatehi, a lobbyist for cannabis businesses and organizations who worked on the bill last year. A foundational pillar of House File 100 was that people and communities that suffered the most from enforcement of the prohibition on marijuana should be given a chance to profit from its legalization. Setting aside a share of the licenses was considered the best way, though the law also provides grants to applicants and communities that historically had a higher proportion of arrests and prosecutions. Briner said in an interview this week that the state should alter its provisions that give social equity applicants a boost while also reducing the odds of successful legal challenges. Here is how the OCM bill would do that: Creating a temporary license system. Social equity applicants—either individuals or business groups with social equity participation—could apply for early temporary licenses as soon as this summer. If they meet the criteria and display financial and management preparation, and if there are more applicants than the number of licenses available, they would be entered into a lottery. Allowing temp licenses holders to move toward opening. The winners of what Briner terms “a golden ticket,” could then move toward securing business sites and applying for local permission. If they remain in good standing with OCM, these applicants would be guaranteed full licenses when rules and regulations are finished and the legal program rolls out next spring. Creating a second-chance lottery. Social equity applicants who did not get into the first lottery would have a chance for a second lottery, likely early next year. Creating a third lottery. All other applicants, including social equity applicants who weren’t lottery winners, would be entered in a third lottery sometime in the first three months of 2025. This “early mover advantage” does allow these social equity licensees to get everything ready to start business. It does not let them grow or sell cannabis before other licensees and does not allow them to get going until rules are finished sometime in the first three months of 2025. “People won’t actually touch the plant,” Briner said. “They won’t be putting seeds in the ground or cultivating a plant or opening the doors of a dispensary.” But they are getting their buildings secure, their financing lined up, their local approvals in place all with the knowledge that they are guaranteed a license. Non-social equity applicants won’t have that assurance until later in the process. Fatehi said the point of the early license is to help assure lenders and landlords that a cannabis businessperson is worth the risk. “If you’re a white person who has owned businesses before, a landlord or a bank are much more willing to assume you are likely to be granted a license and they let you in the door,” she said. “But if you are Black or someone who has a criminal record, they just assume you are not well positioned to receive a license.” The temporary license provides “the imprimatur” of the state. “It is comfort language for that external stakeholder group, and that group is landlords and investors,” Fatehi said. Rep. Zack Stephenson (DFL-Coon Rapids) was the prime sponsor of House File 100 last session and is sponsoring the OCM request bill as a courtesy to the agency. While there are aspects he supports, he isn’t ready to endorse the entire proposal. Inoculating the law against legal challenges is always wise, he said. But he wants to make sure that it doesn’t undermine the building blocks of the law, especially social equity and making sure the industry is Minnesota-based. “You want it to be as resilient against legal assaults as possible, but we have to serve the goals of the legislation,” he said. “We’re not going to undermine our attempt to create a Minnesota marketplace with good consumer protections and [that] prioritizes people who were harmed by prohibition. “We’re not going to undermine those goals because we’re afraid of a lawsuit,” he said. “We want licenses issued as soon as possible and litigation will slow it down. Whether what OCM has put out will mitigate that risk is something we still need to talk about.” Having two different lotteries, as OCM proposes—one for social equity applicants and another for all applicants—could assure that some licenses can be issued and some businesses started even if there are legal challenges to the social equity provisions. As for Minnesota’s existing hemp-derived THC edibles industry, businesses that want to continue hemp-only sales will be able to convert their current registrations to low-potency hemp licenses next spring. If a hemp business wanted to transition into marijuana sales, it would have to follow the same process as other applicants. Relaxing restrictions for raising capital The OCM bill would also change current law in another way. It would require social equity applicants to come up with only 65 percent of the money needed to start the business—down from 100 percent now. The 100 percent requirement was meant to assure that predatory investors couldn’t offer money to social-equity eligible applicants and then take control of the business later. That has happened in other states. But as the state’s consultant Slade wrote, that can also prevent applicants from having the money needed in the first place. Federal prohibition of cannabis makes borrowing from traditional banks difficult, and social equity applicants are less likely to have personal or family wealth. Current law also says that holders of social equity licenses can only sell their businesses to others who also meet the social equity requirements. The OCM proposal would allow sales to any purchaser after three years. — Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Another provision in the OCM bill likely presented with an eye toward possible legal challenges is how it defines the type of farmer who is eligible for social equity status for cannabis cultivator licenses. The current law refers to the definition of “emerging farmer” used by the state Department of Agriculture for a program to help some people buy farms. That language is currently being challenged in court. The proposal from OCM changes the definition to someone who is “currently a farmer or an aspiring cannabis farmer who faces barriers to education​ or employment.” A bill filed by Rep. Samantha Vang (DFL-Brooklyn Center) would change the definition for all state assistance programs from emerging farmer to “limited resources farmer.” Carol Moss, a Minneapolis attorney with a specialty in cannabis law, said that change is a good idea. “That definition was so overly broad to the point it was not workable. Just about every applicant could find a way to pigeonhole themselves in as an ‘emerging farmer,’” she said. “Plus, I have doubts it could pass constitutional challenges that we know will be inevitable.” Clarity over number of licenses The OCM proposal would make another significant change that could have legal implications. Current law empowers the agency to decide how many licenses to issue based on market demand. The OCM bill instead aims to clarify the process by having the Legislature put actual numbers for each category in law. For example, the proposal says the office can issue 50 temporary licenses to social equity retailer applicants and 100 total licenses to social equity retailers. While Briner said the numbers are up for discussion with the Legislature, she thinks it is better for the Legislature to decide how many. If more are needed later, the OCM would analyze the market and make adjustments. Briner said having the Legislature say how many licenses should be issued is needed because OCM doesn’t yet have a market analysis to know how many of various kinds of licenses are needed. “The goal is to have some guidance for the first couple of years because we don’t have market data that will give OCM good information about whether we should issue more licenses or cool it down because we’re on the verge of oversaturation,” Briner said. Fatehi called the OCM bill a starting point and said she expects, as with last year’s legalization bill, that it will be perfected as different players on the issue weigh in. “We’re doing something different in Minnesota. There’s no shortcut for getting the policy right,” she said. “We’re gonna have the opportunity to open the hood on this and see how the parts fit together.” This story was first published by MinnPost. New Minnesota Bill Would Clarify Rules On Serving Alcohol And THC Drinks At Bars And Restaurants Photo courtesy of Philip Steffan. The post Minnesota Governor Indicates Support For Adjusting State’s Cannabis Law To Avoid Lawsuits Over Licensing appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  27. POTUS marijuana prisoners letter; Congressional psychedelics & cannabis hearing; HI & NH legalization; IN psilocybin; IL cannabis for orgasm disorder Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Hold on, just one second before you read today’s news. Have you thought about giving some financial support to Marijuana Moment? If so, today would be a great day to contribute. We’re planning our reporting for the coming months and it would really help to know what kind of support we can count on. Check us out on Patreon and sign up to give $25/month today: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW President Joe Biden told a supporter during a visit to his Wisconsin campaign headquarters that he’s “taking care of” ensuring that “no one should be jailed for using or possessing marijuana.” Health and Human Services Sec. Xavier Becerra defended his department’s marijuana rescheduling review and recommendation in response to hostile questioning from Sen. John Cornyn (R-TX) at a hearing—saying that many states have “moved much farther than the federal government” on cannabis. After the hearing, Becerra told cannabis lobbyist Don Murphy he would need to ask the Drug Enforcement Administration for information on timing of the final rescheduling decision. The House Veterans’ Affairs Health Subcommittee scheduled a hearing on medical marijuana and psychedelics bills focused on military veterans for next week. Reps. Barbara Lee (D-CA) and Earl Blumenauer (D-OR) led a group of 36 lawmakers who sent a letter urging President Joe Biden to commute the sentences of people in federal prison for marijuana offenses, saying the “continued incarceration of these individuals continues the racist legacy of the War on Drugs.” The Indiana legislature sent Gov. Eric Holcomb (R) a bill to fund clinical trials on using psilocybin to treat PTSD, anxiety, depression, chronic pain and other conditions—with a focus on military veterans and first responders. The Hawaii Judiciary and Hawaiian Affairs Committee and Agriculture and Food Systems Committee both approved a Senate-passed bill to legalize marijuana, with new amendments. Lawmakers at a New Hampshire House Finance Committee hearing clashed over competing plans to craft a marijuana legalization bill that can pass the legislature and win the support of a skeptical Gov. Chris Sununu (R). The Illinois Medical Cannabis Advisory Board voted to recommend adding female orgasmic disorder as a new medical marijuana qualifying condition, along with a separate recommendation for endometriosis. New Jersey Cannabis Regulatory Commission Executive Director Jeff Brown told Marijuana Moment that his state will be “the premier cannabis market on the East Coast.” In an interview, he also discussed efforts to launch cannabis consumption lounges and the possibility of allowing home cultivation. / FEDERAL Former Attorney General William Barr and former White House Office of National Drug Control Policy Director John Walters coauthored an op-ed expressing concerns about marijuana legalization, saying that “a doped-up country is a nation in decline.” Sen. Elizabeth Warren (D-MA) tweeted, “Criminal records for minor marijuana offenses make it harder for people to get housing, jobs, and more. @MassGovernor’s cannabis pardons are powerfully important to right systemic wrongs and advance racial justice. Weed is legal is [in] Massachusetts, and it should be nationwide.” Rep. Ayanna Pressley (D-MA) sent a press release cheering Massachusetts Gov. Maura Healey’s (D) mass marijuana pardon proposal. Former Rep. Patrick Kennedy (D-RI) criticized a marijuana pardons event being hosted by Vice President Kamala Harris at the White House on Friday. The House bill to direct the Department of Veterans Affairs to report on adding psychedelics in its formulary got one new cosponsor for a total of one. / STATES The New York Senate passed budget legislation containing changes to marijuana tax and enforcement rules, along with funding for a cannabis farmer relief program. Separately, regulators are launching a system to report delinquent payments in the marijuana industry. A Mississippi representative spoke about his legislation to restrict hemp-derived intoxicating products. Alaska regulators are proposing changes to rules on marijuana business food safety permit requirements. Michigan regulators signed a consent order and stipulation with a marijuana company that resulted in it surrendering its processor licenses. New Jersey regulators will host three hearings this month to receive feedback on how to use funds from marijuana social equity excise fees. They also approved additional marijuana business licenses. Colorado regulators published a compliance tip about identifying marijuana business employees as designated test batch collectors in the inventory tracking system. California regulators posted a video about cannabis taxes. Oregon regulators will launch a new marijuana licensing system on Monday. — Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / INTERNATIONAL Colombian President Gustavo Petro decried the failure of the war on drugs in a speech before the United Nations Commission on Narcotic Drugs. Germany’s Ministry of Justice is considering changes to marijuana legalization legislation that would delay the effective date of provisions concerning relief for past records in order to avoid the proposal going before a bicameral mediation committee. The Brazilian Senate Constitution and Justice Committee approved a bill to criminalize drug possession ahead of a Supreme Court decision that could decriminalize cannabis. Philippine regulators are being criticized for a delay in acting on a petition to reschedule cannabis. An Australian Therapeutic Goods Administration official is concerned about the “high level of non-compliance” with advertising restrictions in the medical cannabis industry. / SCIENCE & HEALTH A study of patients treated with medical cannabis found that “quality of life improved significantly in 84% of all participating patients.” A study provided “evidence for the cost effectiveness of add-on cannabidiol treatment for patients with [tuberous sclerosis complex]-associated seizures aged ≥ 2 years who are refractory to current treatment.” / ADVOCACY, OPINION & ANALYSIS The Virginian-Pilot editorial board is calling on Gov. Glenn Youngkin (R) to sign a marijuana sales legalization bill into law. / BUSINESS TerrAscend Corp. reported quarterly net revenue of $86.6 million and a net loss of $41.8 million. Trulieve is suing its former chief financial officer for allegedly misusing his corporate credit card for personal expenses. Curaleaf International is expanding into the Czech Republic through a new supply agreement with Astrasana Pharma s.r.o. Jones Soda Co. is launching a new THC-infused beverage. Missouri retailers sold $113.4 million worth of legal marijuana products in February. / CULTURE Football player Aaron Rodgers, who is reportedly on presidential candidate Robert F. Kennedy Jr.’s shortlist for vice president, may have been in the middle of an ayahuasca trip when the news was reported. Elon Musk was pressed about his use of ketamine and other drugs in an interview with Don Lemon, who had his contract with Musk’s X platform canceled following the discussion. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Biden official defends cannabis move in Senate hearing (Newsletter: March 15, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  28. A U.S. House subcommittee focused on health issues for military veterans has scheduled a hearing for next week where members will consider two GOP-led bills concerning medical marijuana and psychedelics. The House Veterans’ Affairs Health Subcommittee will meet on March 21 to discuss the drug policy measures, among several other veterans-focused proposals. The panel made history last November by holding a first-ever congressional hearing focused on psychedelics-assisted therapy for veterans. One of the bills that’s on the agenda, sponsored by the subcommittee chair Rep. Mariannette Miller-Meeks (R-IA), is titled the Veterans Cannabis Analysis, Research, and Effectiveness (CARE) Act. It would require the U.S. Department of Veterans Affairs (VA) to “conduct and support research relating to the efficacy and safety of forms of cannabis” for chronic pain, post-traumatic stress disorder (PTSD) and “other conditions the Secretary determines appropriate.” The legislation specifies that the VA studies must involve plants and extracts, at least three varieties of cannabis with different concentrations of THC and CBD and “varying methods of cannabis delivery, including topical application, combustable and non-combustable inhalation, and ingestion.” VA would first have to submit a research plan to House and Senate Veterans’ Affairs Committees and make any requests to support the studies. Over the course of five years after the bill is enacted, VA would need to send annual reports on its progress to the panels. The measure is identical to an earlier measure Miller-Meeks sponsored last Congress. On the Senate side, a committee approved a separate bill last February to promote research into the therapeutic effects of marijuana for military veterans with certain conditions. However, Senate Republicans blocked a procedural motion to advance it to the floor. The other bill that’s being taken up in the House subcommittee next week, sponsored by Rep. Derrick Van Orden (R-WI), would instruct VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. It states that VA must report to Congress on the addition of any psychedelic medicines to its formulary within 180 days of their federal approval by Food and Drug Administration (FDA). The report would need to include “the determination of the Secretary whether to include such drug in the formulary of the Department,” as well as “the justification of the Secretary for such determination,” the bill text says. Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. The agency has also designated psilocybin, and more recently an LSD-like compound, as “breakthrough therapies.” In January, VA separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. Van Orden, who filed the psychedelics bill, is also a co-sponsor of a bipartisan measure to provide funding to the Department of Defense (DOD) to conduct clinical trials into the therapeutic potential of certain psychedelics for active duty military members. That reform was signed into law by President Joe Biden under an amendment attached to the 2024 National Defense Authorization Act (NDAA). Meanwhile, in a floor speech last year, the Miller-Meeks, the subcommittee chair, talked about the need to support “novel forms of research” to unlock the potential of psychedelics and cannabis for the treatment of conditions like PTSD that commonly afflict veterans. She also touted first-ever FDA guidance on psychedelics research that she separately requested in a bill filed last year alongside Reps. Dan Crenshaw (R-TX) and Ro Khanna (D-CA). — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — During joint U.S. House and Senate committee meetings last week, veterans service organizations (VSOs) pressed members of Congress to more urgently pursue the potential benefits of psychedelic-assisted therapy and medical marijuana. The requests from groups like the Iraq and Afghanistan Veterans of America, Veterans of Foreign Wars of the United States, Disabled American Veterans and the Wounded Warrior Project came on the heels of organizations at last year’s set of annual VSO hearings criticizing VA for “dragging their feet” on medical marijuana research. In October, VA separately launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA officials also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. Illinois Panel Votes To Add Female Orgasmic Disorder As Medical Marijuana Qualifying Condition Image element courtesy of Kristie Gianopulos. The post Congressional Committee Will Take Up Medical Marijuana And Psychedelics Bills For Veterans At Hearing Next Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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