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  1. Today
  2. “While this case involves hemp products, it is really a win for businesses and consumers across America.” By Phillip Smith, The American Hemp Monitor A federal district court judge in Toledo ruled Monday that state officials are barred from enforcing the state’s ban on hemp-derived intoxicating cannabinoids in beverages, but only the 10 companies that filed a lawsuit against the rules and vendors who sell their products are protected from enforcement. The legislature last year passed Senate Bill 56, which tightened the state’s voter-approved recreational marijuana law, but also included provisions defining most intoxicating hemp products as cannabis and barring companies outside the state from growing or selling hemp products. A handful of hemp companies filed suit against the state, challenging the constitutionality of the new law. U.S. District Judge Jeffrey Helmick had earlier approved a temporary restraining order barring the state from moving against those companies, and on Monday, finding the plaintiffs’ arguments compelling, he issued the preliminary injunction to last while the case is argued. “What Senate Bill 56 has done is to exclude federally legal intoxicating hemp products from Ohio’s statutory definition of hemp, redefine them as illegal marijuana, and then to prohibit any company from cultivating or selling those products unless the company has a physical presence in the state of Ohio,” Helmick wrote. “Because plaintiffs are likely to succeed on their claim that that law impermissibly favors in-state companies over out-of-state companies in violation of the Constitution of the United States, I grant plaintiffs’ motion for a preliminary injunction,” the judge wrote. The state provided no evidence that federal law expressly allowed states to favor in-state companies, Judge Helmick said. He also pointed to Supreme Court precedent holding that states cannot discriminate against interstate commerce when there are reasonable non-discriminatory alternatives. “None of the defendants have rebutted plaintiffs’ assertion during the temporary restraining order hearing that the legislature considered implementing age minimums and potency testing for all intoxicating hemp products made available for sale in Ohio, and no defendant has explained why these non-discriminatory alternatives are inadequate to satisfy Ohio’s legitimate public health and safety concerns without discriminating against out-of-state companies,” the judge wrote. Hemp company attorney Andy Mayle pronounced himself pleased with the ruling, which he called an “efficient and forceful explanation of how the state violated the federal Constitution” in approving Senate Bill 56. “While this case involves hemp products, it is really a win for businesses and consumers across America because it explains how the federal Constitution prevents all states from banning products just because the products were manufactured in another state,” Mayle said. “Just as our clients’ hemp products are protected from being discriminated against in Ohio, Heinz Tomato Ketchup made in Fremont or Whirlpool washing machines made in Clyde and Findlay cannot be banned from being exported to other states,” he continued. “This experience adds a little belated zest to our clients’ America 250 celebrations.” Julie Pfeiffer, Ohio assistant attorney general and lead counsel in the case, had argued that since Congress had passed legislation regulating hemp (which will not go into effect until November), the Commerce Clause was not implicated. She also argued that allowing the hemp beverages to be sold would expose Ohioans to dangerous unregulated products, but she could not cite any poisonings back to the plaintiffs. Judge Helmick didn’t buy those arguments. The state can try to make them again as it defends itself against the lawsuit later. This story was first published by The American Hemp Monitor. The post Federal Judge Blocks Enforcement Of Hemp THC Product Ban Against Ohio Companies appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  8. Yesterday
  9. A drug testing industry association and a pharmaceutical company are asking a federal court to block the Trump administration from moving forward with federal cannabis rescheduling while ongoing litigation challenging the reform is considered—arguing that “marijuana abuse has dangerous, lifelong consequences—especially for adolescents and pregnant women.” The new filing claims that “by cutting taxes on cannabis companies,” federal rescheduling “will stimulate the industry and increase marijuana abuse.” The brief, filed on Thursday, comes in response to the Department of Justice’s opposition to the drug testing group and pharma company’s motion to pause the rescheduling move. The government, in its brief earlier this month, noted that the entities challenging cannabis rescheduling have “pocketbook interests served by keeping all marijuana in schedule I” and are not suitable challengers to the reform because they are not the “intended beneficiaries” of the Controlled Substances Act (CSA). The filing this week from opponents, however, claims that DOJ’s arguments on standing are “meritless diversions from its indefensible position on the merits.” “Movants need not be ‘intended beneficiaries of the CSA,'” it says. “Nor does it matter that movants have ‘pocketbook interests’ at stake while the CSA has broader objectives aimed at the general welfare. ” The U.S. Court of Appeals for the District of Columbia is currently weighing three separate lawsuits against moving cannabis from Schedule I of the CSA to Schedule III that have since been consolidated. One suit is led by prohibitionist organization Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA), who claim they are “aggrieved” by the reform. Another comes from a coalition of anti-marijuana activists, substance misuse professionals, doctors and a cannabis-focused biopharmaceutical corporation. A third challenge was filed by the attorneys general of Indiana, Nebraska and Louisiana—though the latter state later withdrew from the suit. Two of the entities involved in the litigation—NDASA and MMJ International Holdings and its subsidiaries—filed a separate motion asking the court to place a stay on marijuana rescheduling while the broader challenge is considered. In the latest filing, their attorneys argue they would “suffer irreparable harm” from the federal cannabis reform. Expected new costs related to medical review officer (MRO) practices that will be imposed on NDASA members in the drug testing industry “will force some to go out of business,” it says. “Because the Order renders marijuana legal for state ‘medical’ use, MROs will need to perform time-intensive checks to determine whether positive THC tests are attributable to licit uses. That causes unrecoverable losses—irreparable harm—in two ways. First, NDASA’s MRO members will absorb some of the new costs themselves, incurring unrecoverable losses that cannot be dismissed as mere ‘voluntary billing decision[s].’ Second, whatever they do not absorb themselves will be passed on through higher prices, which will cause some clients to drop marijuana testing. It is not ‘speculative’ that some clients will drop more expensive testing; it is the inevitable result of the ‘commonsense economic realit[y]’—often relied on by courts—that demand falls as prices rise.” The brief also argues that rescheduling “compels the many NDASA members that require employee drug testing either to (1) drop marijuana testing and live with the substantial risk of impaired-employee accidents and diminished productivity, or (2) pay substantially more to test for marijuana and risk Americans With Disabilities Act (ADA) or state-law liability for acting on positive tests.” In response to the government’s argument that NDASA isn’t an appropriate entity to challenge rescheduling because it isn’t an intended beneficiary of the CSA, the brief says that the group’s members “translate CSA prohibitions into concrete practices that protect the public.” “Drug testing creates a deterrent that is essential to the CSA’s ‘main objective[] of combating drug abuse.’ Thus, NDASA members’ interests in marketing drug-testing devices and services—and their clients’ interests in safe, drug-free workplaces—are certainly ‘consistent with the purposes of the statute.'” Additionally, “NDASA’s members who test their employees have a strong interest in ensuring safety for both their employees and members of the public who may be affected by their work,” it says. “That interest is self-evidently congruent with the purposes of the CSA. Rescheduling marijuana harms that interest by necessitating costly revisions to drug-testing policies; by making marijuana testing itself more expensive; and by exposing NDASA members who act on positive marijuana test results to substantial risk of ADA and state-law liability.” MMJ, for its part, will also see harm to its “competitive position in the market for federally lawful cannabis-based pharmaceuticals,” the filing claims. “Until the Rescheduling Order, MMJ enjoyed a strong first-mover advantage because of its unbroken track record of federal compliance and significant progress toward an FDA-approved cannabis-based product. The Order destroys that competitive advantage—which reflects eight years of hard work and $10 million of investment—by making federally lawful the products of competitors who have long spurned federal law to capitalize on state medical marijuana programs.” “These harms cannot be dismissed on the theory that MMJ” has thus far failed to bring any cannabis drugs to market, as the government pointed out in its brief, the company’s attorneys wrote. “MMJ has jumped through countless hoops over eight years to seek DEA registration and FDA approval, while its competitors ‘have taken few steps’—indeed, no steps—toward seeking federal drug approval.” “MMJ has spent nearly eight years and $10 million to comply with federal law in developing a cannabis therapeutic,” the filing says. “The Rescheduling Order suddenly creates federally licit competition from state-legal cannabis drugmakers—which, to date, have made no effort to comply with federal drug laws.” NDASA and MMJ also argue that the overall litigation challenging rescheduling is likely to ultimately succeed on the merits, saying that the proposed rule is “unlawful” because the government failed to undergo formal rulemaking procedures in an “egregious violation” of federal statute. “The public interest plainly supports a stay,” it concludes. The latest filing in the legal dispute comes as a Drug Enforcement Administration (DEA) hearing on the marijuana rescheduling proposal concluded testimony and the judge overseeing the proceedings laid out next steps for filings that will lead to his own recommendation on whether the reform should be adopted. Acting Attorney General Todd Blanche in April issued an order that immediately reclassified state-licensed medical cannabis, as well as marijuana products approved by the Food and Drug Administration (FDA) from Schedule I of the Controlled Substances Act (CSA) to Schedule III. Under a separate order the acting attorney general signed, the hearing is considering more comprehensively moving marijuana to Schedule III. Meanwhile, two medical marijuana companies filed a motion to intervene in the rescheduling lawsuit by joining the side of the government and opposing the litigation from prohibitionists. Lawyers for NDASA and SAM, however, filed a brief arguing that the cannabis businesses should not be allowed to join the suit. The suit from SAM and NDASA challenging rescheduling was signed by attorneys at Torridon Law PLCC, where former U.S. Attorney General William Barr, led DOJ during Trump’s first term in office, is a partner. SAM had announced in January that it was hiring Barr’s firm to legally combat cannabis rescheduling after Tump signed an executive order directing officials to complete the process expeditiously. Meanwhile, the House Appropriations Committee voted to block federal officials from taking further steps to carry out cannabis rescheduling. Bipartisan lawmakers told Marijuana Moment, however, that they don’t expect the legislative effort to block rescheduling to succeed. Separately, SAM, MMJ and other plaintiffs filed a lawsuit seeking to block a Trump administration program to cover certain hemp-derived products through Medicare. That case was dismissed by a federal judge in May, but that decision is being appealed. Read marijuana rescheduling opponents’ full brief in the lawsuit below: The post Pharma Company And Drug Testing Industry Claim Trump’s Rescheduling Move Will ‘Increase Marijuana Abuse’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  10. A new government-funded study is putting quantifiable evidence behind the idea that marijuana use enhances the experience of listening to music. But the new research also suggests that the combination can bolster the therapeutic benefits of cannabis. The study, published in the journal Cannabis and Cannabinoid Research and conducted by researchers at Dalhousie University and other schools in Canada, examined self-reported data from 122 marijuana consumers who completed an exhaustive, 176-question survey. The findings support one of most anecdotally well-established effects of marijuana use: That is, “most participants viewed the combination of cannabis and music favorably, reporting enhanced relaxation, improved mood, and increased feelings of connection,” the paper says. Marijuana use was further linked to “altered responses to imposed music in various settings and a heightened likelihood of using music during routine activities,” the research, which was partially funded by the Natural Sciences and Engineering Research Council of Canada, determined. “Participants reported that combining music and cannabis typically helps reduce fear and anger while enhancing feelings of happiness, liveliness, relaxation, and nostalgia.” Specifically, the study found 93 percent of participants view combining cannabis and music favorably and 74 percent said they use marijuana more than half of the time they’re listening to music. As far as the emotional impact of combining cannabis and music goes, a majority of respondents said it makes them happier (71 percent), more lively (71 percent), more relaxed (70 percent), less fearful (61 percent), less angry (54 percent) and more nostalgic (57 percent). Compared to a control group that took the same survey, marijuana consumers were more likely to incorporate music into daily activities such as bathing, exercising and getting ready for bed. “Cannabis appeared to amplify music’s emotional impact, particularly in mood regulation, evocation of nostalgia, and integration of music into everyday routine,” the researchers said. “Music may act as a meaningful emotional adjunct during cannabis use.” A somewhat more novel discovery from the survey results concerned the therapeutic efficacy of the cannabis-music combination. Participants “frequently reported the use of cannabis as a substitute for pharmaceutical treatments for pain, anxiety, and sleep disorders, with music further amplifying these therapeutic effects,” the study—which looked at use patterns, musical engagement activities, emotional responses and more—found. Among those who use cannabis, significant portions said it serves as a substitute for pharmaceuticals, including sleeping pills (28 percent), anti-anxiety medication (18 percent), antidepressants (16 percent), opioids (12 percent) and non-opioid pain medicine (6 percent). The study authors said “no significant differences were observed in overall music reward experiences with or without cannabis,” however, “highlighting the nuanced and context-dependent nature of these interactions.” “These findings provide novel insights into the potential for cannabis and music to act as complementary tools for emotional well-being, underscoring the need for further research to elucidate the mechanisms underlying their combined effects. This study provides a foundation for future investigations into the therapeutic integration of music as a supportive adjunct to cannabinoid-based interventions targeting emotional and psychological health.” Olivier Valentin, an assistant professor of audiology at Dalhousie University and one of the authors of the study, told Marijuana Moment that “despite countless anecdotal reports, and despite cannabis now being legal and widely used across Canada, science still knows remarkably little about how it shapes the way we hear and appreciate music.” “People often assume cannabis changes music perception itself,” he said. “Our findings suggest something more nuanced: participants didn’t report major changes in how they perceived the music, but they did report that it became more emotionally meaningful. Cannabis seemed to amplify the emotional experience of music rather than the sound itself.” Given the strong interest in putting science behind the shared consumer experience, Canadian researchers at Toronto Metropolitan University published a study in 2024 that “highlights the profound yet idiosyncratic effects of cannabis on auditory experiences among experienced recreational cannabis users.” Whereas that study involved asking participants to reflect on their past experiences being high and listening to music, the team set out on a follow-up project last year that gave them an opportunity to ask consumers about their enjoyment and absorption of music while directly under the influence of marijuana. Speaking to the underlying relationship between music and cannabis, a U.S. government-supported study published this year found that more than a third of popular hip hop and rap music videos referenced marijuana in 2024. Artists like Snoop Dogg and Dr. Dre have helped drive that trend by promoting a “chilled” lifestyle, the researchers said. The post Combining Marijuana And Music Enhances Medical Benefits, Reduces Prescription Drug Use And Boosts Emotions, Government-Funded Study Shows appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  11. Some of the U.S.’s largest marijuana companies donated a collective $11.5 million last month to an agriculture-focused political committee that shares the same treasurer as President Donald Trump’s own super PAC, according to newly updated federal records. That brings the total amount of contributions from cannabis businesses or an industry-linked political action committee to Trump-linked PACs to at least $15.05 million, according to a review of Federal Election Commission filings. In June, four marijuana companies—Trulieve Inc., Curaleaf Inc., Verano Holdings LLC and Vision Management Services LLC, which is a subsidiary of Green Thumb Industries—each gave $2.5 million to America First Agriculture Action Inc. Additionally, Arboretum Bidco LLC, a holding company tied to AYR Wellness Inc., contributed $1 million to the agriculture group last month, and Ascend Wellness Holdings Inc. also chipped in $500,000. VISION MANAGEMENT SERVICES LLC, 06/26/2026 $2,500,000.00 ARBORETUM BIDCO LLC, 06/05/2026 $1,000,000.00 ASCEND WELLNESS HOLDINGS INC., 06/05/2026 $500,000.00 VERANO HOLDINGS LLC, 06/05/2026 $2,500,000.00 CURALEAF INC., 06/04/2026 $2,500,000.00 TRULIEVE INC, 06/02/2026 $2,500,000.00 Notably, the treasurer of the agriculture PAC, Charles Gantt, is the same person named as treasurer of Trump’s political committee, MAGA Inc., which has separately received $2.05 million in donations from a cannabis-industry-backed committee, the American Rights and Reform PAC, Inc. Last year, that cannabis industry PAC additionally gave a total of $1.5 million to the agriculture PAC. Earlier FEC records also previously showed that Trulieve and Curaleaf contributed a total of $1 million to support Trump’s inaugural committee following his election in 2024. Curaleaf executive Matt Harrell is listed as treasurer of the American Rights and Reform PAC. The latest contributions from the cannabis companies to the Trump-linked agriculture PAC came weeks after the Department of Justice announced it is moving forward with the process of federally rescheduling marijuana, a reform that Trump backed during the 2024 campaign and then issued an executive order on late last year. Under an action announced by Acting Attorney General Todd Blanche in April, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as did any marijuana products that are approved by the Food and Drug Administration (FDA). A hearing that concluded this week is considering broader cannabis rescheduling, including for recreational products. Last August, America First Agriculture Action Inc. released an ad highlighting Trump’s endorsement of the reform on the campaign trail. “Under President Trump, America is back. Trump’s delivered the largest tax cut in history—putting more money in our pockets and restored America’s economic dominance,” the ad, which is being targeted at multiple zip codes throughout Washington, D.C., says. “Promises made, promises kept.” “Now it’s time to fulfill another promise from President Trump and reschedule cannabis, which supports over 400,000 jobs and creates billions of dollars in economic growth,” the PAC’s ad says. “Reschedule cannabis and stack another win, Mr. President.” Shortly after Trump signed his cannabis executive order in December, the similarly named nonprofit America First Agriculture Inc. released an ad applauding the move, arguing that it will “destroy” the illicit market and support seniors and military veterans who could benefit from cannabis. “Trump delivered a secure border, unleashed American energy and provided the largest tax cut in American history. Now Trump has delivered again by rescheduling cannabis, which was classified as more dangerous than fentanyl,” it said. “Trump’s action will destroy the cartel’s illicit black market, expand medical research and ensure seniors and veterans safely receive the care they need,” the ad continued. “Thank President Trump for delivering on another America First promise.” When President Trump makes a promise, his word is gold. Trump delivered again by rescheduling cannabis. This new America First win will destroy the cartel's black market, expand medical research, and ensure seniors and veterans receive needed care. Thank you, President Trump! pic.twitter.com/No8YYXesXy — America First Agriculture Inc. (@amfirstaginc) December 19, 2025 The cannabis industry-backed American Rights and Reform PAC separately released ads in May that attacked the marijuana policy record of President Joe Biden, whose administration initiated the cannabis rescheduling process that is now underway, in an apparent attempt to push Trump to go further on the issue. Meanwhile, now that the Drug Enforcement Administration (DEA) hearing on cannabis rescheduling has completed testimony, participants are expected to file briefs detailing their closing arguments. After that, the DEA judge overseeing the process will issue a recommendation to the agency’s administrator, who can accept or reject it. The federal marijuana reform is also being challenged by opponents through litigation, however. The post Marijuana Companies Donated $11.5 Million To Trump-Linked PAC Last Month, New Campaign Finance Records Show appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  13. Rescheduling opponents seek to block marijuana companies from suit; DE cannabis rules changes; VA dental form marijuana question 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… BREAKING: Journalism is often consumed for free, but costs money to produce! While this newsletter is proudly sent without cost to you, our ability to send it each day depends on the financial support of readers who can afford to give it. So if you’ve got a few dollars to spare each month and believe in the work we do, please consider joining us on Patreon today. https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Senate Minority Leader Chuck Schumer (D-NY) and Sens. Cory Booker (D-NJ) and Ron Wyden (D-OR), along with other Democratic senators, filed a bill to federally legalize and tax marijuana while creating programs to aid people harmed by criminalization. It would also prevent the federal recriminalization of hemp THC products that is scheduled to take effect in November. Anti-marijuana groups and companies that are suing to block the Trump administration’s federal rescheduling proposal are asking a court not to allow medical cannabis businesses to intervene in the litigation—saying “they have not shown that the government will not adequately represent their interests in this case.” Delaware’s marijuana commissioner is touting changes to cannabis policies that lawmakers passed this session, saying they will “further strengthen” the state’s regulatory framework—even as one measure was enacted despite the veto of the governor who appointed him. Veterans Action Council’s Mary Lynn Mathre explains in a new Marijuana Moment op-ed how a seemingly innocuous cannabis question on a Department of Veterans Affairs dental form can affect veterans’ future medical care. / FEDERAL Vice President JD Vance joked that Joe Rogan might need psychedelics after the podcast host quoted a news story about allegations that the U.S. conflict with Iran is intended to spur Biblical end times. Health and Human Services Secretary Robert F. Kennedy Jr. tweeted, “America’s veterans deserve access to every safe and effective treatment modern medicine can offer. I joined @SecVetAffairs Doug Collins to launch a landmark partnership between @HHSgov and @DepVetAffairs to accelerate research into psychedelic therapies for veterans. We will follow the science, build the evidence, and move promising treatments forward for veterans living with PTSD, depression, and addiction. They served our country. Now it’s our duty to deliver the care they deserve.” Rep. Wesley Hunt (R-TX) tweeted, “President Trump is RIGHT. Washington shouldn’t be picking winners and losers through special tax carveouts. If large cannabis companies want the benefits of full legalization, Congress should debate that openly, not quietly erase tax obligations through lobbyists behind closed doors.” / STATES California Gov. Gavin Newsom (D) touted efforts to crack down on kratom and 7-OH products. Nebraska Democratic gubernatorial candidate Lynne Walz, a former state senator, criticized officials for working to undermine voters’ approval of medical cannabis ballot initiatives. A former Pennsylvania Superior Court judge authored an op-ed urging lawmakers not to legalize marijuana. Missouri regulators are being sued over new hemp product restrictions. Michigan regulators announced a recall of cannabis products that exceed THC potency limits. Maine regulators are proposing technical changes to marijuana rules. Rhode Island regulators published guidance on marijuana packaging and labeling requirements. Ohio regulators published guidance about marijuana packaging seal requirements. Massachusetts regulators are tracking localities that ban marijuana delivery services. Washington State’s cannabis reporting system experienced technical issues. The Maryland Cannabis Public Health Advisory Council met. The Oklahoma Medical Marijuana Authority Advisory Council will meet on Friday. The Colorado Retail Marijuana Public Health Advisory Committee will meet on Monday. — Marijuana Moment is tracking hundreds of 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. — / SCIENCE & HEALTH A study found that “compared with no cannabis vaping or smoking, cannabis vaping only was not associated with respiratory symptoms, whereas cannabis smoking only and dual vaping and smoking were associated with increased odds.” A review concluded that “psilocybin-assisted therapy represents a potentially transformative intervention” for major depressive disorder. / ADVOCACY, OPINION & ANALYSIS The Albany Times Union editorial board said New York regulators need to do more to prevent use of marijuana by underage people. / BUSINESS Eli Lilly and Company is acquiring AtaiBeckley Inc. Organic Remedies is transitioning to an Employee Stock Ownership Plan. Glass House Brands Inc. updated its at-the-market distribution program following its listing of shares on the New York Stock Exchange. / CULTURE Seth Rogen again spoke about smoking marijuana with Paul McCartney and Paul Rudd. 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 Mike Latimer. The post Bill to federally legalize cannabis filed in Senate (Newsletter: July 17, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  15. Last week
  16. A Drug Enforcement Administration (DEA) hearing on the Trump administration’s cannabis rescheduling proposal has concluded, and the agency judge overseeing the proceedings has laid out a timeline for participating parties to file post-hearing briefs ahead of his own forthcoming recommendation on the reform. The multi-day hearing, which began late last month, wrapped up on Wednesday following the end of a presentation by a handful of states that oppose the federal cannabis reform. DEA Chief Administrative Law Judge Derek Julius on Thursday issued an order saying that because “no time was allotted for closing arguments” during the in-person court days, participants in the proceedings will be able to file post-hearing briefs—and they are due by August 17. Those documents can be a maximum of 50 pages in length and can include “closing arguments and argument on any other issue noted by the tribunal during the hearing.” “This is a nonmandatory submission; therefore, a Designated Party will not be penalized for not filing a post-hearing brief, and the absence of a submission implies that no submission was intended,” Julius wrote. His order also says that participants may submit proposed corrections to daily transcripts from the proceedings by August 17. “Corrections submitted by Designated Parties are only proposed corrections. This tribunal will also review the transcript for possible errors and note where corrections are needed,” the judge wrote. “The list created by the tribunal will be compared to the list(s) submitted by the Designated Parties to create a final corrections list. Following that, this tribunal will issue an order adopting the final list of corrections and will adopt those corrections into the official copy of the transcript.” “A fully corrected copy of the transcript of these proceedings will be made available to the public on the Agency’s website,” Julius said. The judge noted in his closing remarks at the end of the hearing on Wednesday that after he receives the forthcoming briefs he will work on writing his own recommendation on whether the government should move ahead with broad marijuana rescheduling—but stressed that the final decision will ultimately be up to the DEA administrator. Julius did not lay out an expected timeline for either his recommendation of the administrator’s action. During the hearing, DEA officials charged with defending the cannabis rescheduling proposal highlighted testimony on marijuana’s medical benefits and its relative safety compared to other substances such as alcohol and opioids. That included appearances from a Food and Drug Administration (FDA) scientist and a medical doctor from New Hampshire who detailed how medical marijuana provides relief to pain patients and can serve as an alternative to opioids. Meanwhile, lawyers and witnesses for parties who are oppose marijuana rescheduling and participated in the hearing put significant focus on the alleged harms of cannabis use as well as criticism of recently adopted changes to an analysis used to determine whether drugs have accepted medical value. DEA Administrator Terrance Cole invited only organizations and people who oppose marijuana reform to join the hearing as designated participants—telling supporters that they do not meet the definition of an “interested person” to participate because they are not “adversely affected or aggrieved by any rule or proposed rule issuable.” Opposition parties that participated include Smart Approaches to Marijuana, National Drug & Alcohol Screening Association, Tennessee Bureau of Investigation, DUID Victim Voices, Kenneth Finn, Phillip A. Drum and the states of Idaho, Indiana and Nebraska. Ahead of the hearing’s start last month, marijuana reform activists held a press conference outside DEA headquarters to highlight how they feel the have been “shut out” of the process—criticizing the fact that no supporters of reform were invited to participate and that the proceedings were not livestreamed despite officials’ vows of “transparency.” Marijuana Moment sent requests to DEA Chief Administrative Law Judge Derek Julius and to Cole, the DEA administrator, requesting they reverse a decision to prohibit the public from tuning into the cannabis hearing via livestream. A congressman and other journalists later joined in that request. — Marijuana Moment’s journalism is made possible by readers like you who value this work enough to support us with monthly pledges on Patreon. If you rely on our reporting to stay informed about key cannabis developments, please help us keep doing this by becoming a sustaining subscriber today. Backing us at the $25/month level also gets you access to our Bill Tracker so you won’t miss any important marijuana legislation in your state. — Acting Attorney General Todd Blanche in April issued an order that immediately reclassified state-licensed medical cannabis, as well as marijuana products approved by the Food and Drug Administration (FDA) from Schedule I of the Controlled Substances Act (CSA) to Schedule III. Under a separate order the acting attorney general signed, the hearing is being held to consider more comprehensively moving marijuana to Schedule III. A prior hearing process on the marijuana rescheduling process that was initiated by the Biden administration stalled last year amid litigation over alleged improper communications and witness selection. The current marijuana rescheduling process is being challenged with several lawsuits that have been consolidated by a federal appeals court. Those pieces of litigation against the cannabis reform have been filed by state attorneys general, marijuana legalization opponents and a cannabis-focused biopharmaceutical corporation. Meanwhile, the already-enacted rescheduling of state-licensed medical cannabis is already having broad impacts. The Congressional Research Service published a report on the current cannabis rescheduling move explaining that certified patients who possess medical marijuana from state-licensed dispensaries now have certain protections under Schedule III. “The order appears to authorize end users to possess marijuana for medical use without a CSA-compliant prescription,” it says. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has posted a draft update to a gun purchase form to acknowledge the federally legal status of medical marijuana under rescheduling. The revised section in question notably says that only “use or possession of marijuana for recreational purposes” is federally prohibited, leaving out the prior form’s mention of medical cannabis. The U.S. Department of the Treasury and Internal Revenue Service (IRS) said they plan to issue new tax guidance for the marijuana industry following rescheduling. The reform will benefit state-licensed marijuana businesses by allowing them to take federal tax deductions they’re currently barred from under an IRS code known as 280E that doesn’t apply to Schedule III substances. Even DEA, which has long opposed cannabis legalization and was accused of stalling the rescheduling process initiative by the Biden administration, has launched a registration process for state-legal marijuana businesses to take advantage of federal benefits that come with the reform. The Department of Transportation, on the other hand, issued guidance saying that use of state-legal medical cannabis is still no excuse for a positive drug test by truck drivers, pilots and other safety-sensitive workers. The Department of War issued a memo making clear that marijuana use by military service members and civilian employees of the department remains prohibited, even under federal cannabis rescheduling. A congressional committee recently voted to block federal officials from taking further steps to carry out cannabis rescheduling, though bipartisan lawmakers told Marijuana Moment they don’t believe that provision will be enacted into law. Read the DEA judge’s post-hearing order below: The post Federal Marijuana Rescheduling Hearing Wraps Up, With DEA Judge Laying Out Next Steps appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  17. Delaware’s top marijuana regulator is touting changes to cannabis policies that lawmakers passed this session, saying they will “further strengthen” the state’s regulatory framework—even as one measure was enacted despite the veto of the governor who appointed him. The legislature passed a number of reforms this year, including measures to allow terminally ill patients to use medical cannabis in healthcare facilities, regulate THC-infused beverages and address zoning restrictions for marijuana businesses. “These legislative updates provide important clarity and structure as Delaware continues to build a responsible and effective marijuana program,” Marijuana Commissioner Joshua Sanderlin said in a press release on Thursday. “The Office appreciates the work of legislators, stakeholders, and members of the public who contributed to these efforts and looks forward to implementing these changes in a way that supports public safety, regulatory consistency, and transparency.” In May, Gov, Matt Meyer (D) signed a bill to let terminally ill patients use medical cannabis in hospitals. Under the reform, patients and their caregivers will be responsible for acquiring and administering medical marijuana, and it will need to be stored securely at all times in a locked container. Smoking or vaping of medical cannabis will be prohibited, so patients will need to consume it via other methods. Facilities will be able to prohibit medical marijuana use if they determine that such use would have an “adverse impact on the medical care and treatment of the patient or is otherwise contraindicated.” They will also be able to suspend permission to use cannabis if a federal agency such as the U.S. Department of Justice or Centers for Medicare and Medicaid Services takes an enforcement action against such use or “issues a rule, guidance, or otherwise provides notification to health care facilities that expressly prohibits the use of medical marijuana in health care facilities.” Earlier this month, lawmakers voted to override the governor’s veto of a separate bill that would prevent local governments from imposing onerous zoning restrictions on marijuana businesses that make it more challenging for them operate in their jurisdictions. Delaware’s adult-use cannabis market launched last August, with the governor touting the state’s first “successful” weekend of adult-use cannabis sales, with total purchases for medical and recreational marijuana totaling nearly $1 million—and compliance checks demonstrating that the regulated market is operating as intended under the law. But when it comes to local control, Meyer aligned himself with county governments in a way that some lawmakers say is kneecapping the industry with zoning restrictions that limit the expansion of the commercial market. An additional piece of zoning-related legislation enacted this session clarifies that marijuana business spacing requirements apply only to retail dispensaries, letting non-retail operations like cultivation, manufacturing and testing facilities operate without additional spacing restrictions. Another bill passed by lawmakers this year seeks to establish a regulatory and tax framework for the manufacture, distribution and sale of THC-infused drinks. The legislation has not yet been acted on by the governor, however. “These measures represent important progress in ensuring Delaware’s marijuana program continues to operate with clear standards and appropriate oversight,” Sanderlin said. “The Office of the Marijuana Commissioner remains committed to implementing these laws effectively and supporting a safe, transparent, and well-regulated industry.” — Marijuana Moment is tracking hundreds of 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. — Separately, a House committee this session approved a bill to decriminalize public consumption of marijuana, but it didn’t advance further. While certain legal marijuana states like Colorado and Ohio still impose criminal penalties for public cannabis use, Delaware stands out as especially punitive, with a maximum penalty that carries the risk of jail time in addition to a fine. Last year, Meyer detailed a conversation he had with Colorado Gov. Jared Polis (D) about regulating the marijuana industry—drawing a contrast between their respective responsibilities given the fact that Colorado is much larger with more local jurisdictions to interact with compared to Delaware, which has just three counties. The launch of Delaware’s legal market came about two years after marijuana legalization was enacted into law under former Gov. John Carney (D). Ahead of the sales roll-out, the current governor last July toured one of the state’s cannabis cultivation facilities, praising the quality of marijuana that’s being produced, which he said will be the “French wine of weed.” The launch of the legal market came with some controversy, however, with critics alleging that allowing medical operators to start adult-use sales ahead of other license applicants is unfair. Dozens of other would-be retailers that have either already received licenses or are still awaiting issuance will need to wait for further regulatory approvals until they can open their doors—a situation that’s frustrated some advocates. Regulators initially projected that recreational sales would start by last March, but complications related to securing an FBI fingerprint background check service code delayed the implementation. Lawmakers passed a bill to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires. The post New Changes To Delaware Marijuana Laws ‘Provide Important Clarity And Structure,’ Top Official Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  18. Senate Democrats have filed a bill to federally legalize marijuana, a far-reaching proposal that comes as the Trump administration is moving ahead with a more incremental reform to reschedule cannabis. The Cannabis Administration and Opportunity Act (CAOA), which is being led by Sen. Cory Booker (D-NJ), Minority Leader Chuck Schumer (D-NY) and Sen. Ron Wyden, along with other Democratic senators, would completely remove cannabis from the Controlled Substances Act (CSA), a process known as “descheduling.” It would also create a pathway for people to get their prior criminal sentences for cannabis reduced and expunged while restoring access to housing, jobs and civil rights that they may have lost. The legislation would additionally apply a federal tax on marijuana and use some of the revenue to create a Department of Justice Cannabis Justice Office that would manage a fund to support job training, reentry and legal aid for people from communities harmed by prohibition. “For decades, generations have suffered unjustly under the failed War on Drugs and broken cannabis laws—hurting primarily people of color. It is long overdue that we stand up for them,” Booker said in a press release. “I am proud to reintroduce this commonsense legislation, which will dismantle the unjust and outdated federal marijuana prohibition, establish a federal regulatory framework to protect public health and safety, expunge past convictions for low-level cannabis offenses, and deliver restorative justice to the communities most harmed by decades of failed drug policy.” The bill filed on Thursday is largely similar to versions that have been filed in the previous two Congresses, though it contains new provisions on hemp. Specifically, it would prevent the federal recriminalization of hemp THC products that is scheduled to take effect in November. The measure’s introduction comes one day after the conclusion of a Drug Enforcement Administration (DEA) hearing on the Trump administration’s proposal to reschedule marijuana from Schedule I of the CSA to Schedule III. Schumer said that “the over-criminalization of cannabis has destroyed far too many lives, disproportionately harming communities of color.” “Our Cannabis Administration and Opportunity Act is necessary and would correct historical wrongs while investing in safety, research, workers’ rights, and banking accessibility for industry,” he said. “The movement is budding, and I won’t stop until restorative justice is achieved. The American people overwhelmingly support the federal legalization of cannabis—it’s long past time the government caught up” Wyden added that “the only reefer madness I’m seeing is the continued federal prohibition of cannabis.” “Our legislation is the most comprehensive proposal on the books to end federal cannabis prohibition while keeping public health and safety front and center,” he said. “The federal government needs to get with the times, and our bill is the way to do it.” Separately, a bipartisan group of senators last month filed a bill to ease marijuana businesses’ access to banking services. CAOA, the federal legalization measure, is being introduced with a total of 17 original cosponsors. In addition to the trio of senators leading the bill, the other members signed on are Sens. Michael Bennet (D-CO), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hickenlooper (D-CO), Ben Ray Luján (D-NM), Alex Padilla (D-CA), Gary Peters (D-MI), Tina Smith (D-MN), Raphael Warnock (D-GA), Ed Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Elizabeth Warren (D-MA) and Peter Welch (D-VT). Here are the key versions of the CAOA as reintroduced: Require the attorney general to finalize a rule removing marijuana from the CSA within 180 days of enactment. Impose a 5 percent federal excise tax on small- to mid-sized cannabis producers, which would gradually increase to 12.5 percent after five years. For large businesses, the tax would start at 10 percent and increase to a maximum of 25 percent. Only those 21 and older would be allowed to purchase recreational marijuana products, as is already the policy in states that have legalized for adult use. Expunge the records of people with low-level, federal cannabis convictions within one year of enactment, while allowing those currently incarcerated over marijuana to petition the courts for relief. Create a federal regulatory framework for the marijuana industry, with the Food and Drug Administration (FDA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Alcohol and Tobacco Tax and Trade Bureau (TTB) all playing key roles. Within FDA, there would be a Center for Cannabis Products responsible for regulating “the production, labeling, distribution, sales and other manufacturing and retail elements of the cannabis industry,” according to a summary. The Financial Crimes Enforcement Network (FinCEN) would need to update or issue new guidance clarifying to banks and credit unions that the policy change means that they can lawfully service legitimate cannabis businesses. States could choose to continue prohibiting marijuana production and sales, but they could not prevent transportation of cannabis products between legal states through their jurisdictions. Federal laws would still prohibit trafficking in states that ban marijuana and in legal states that impose laws for trafficking. Establish a grant program to fund non-profit organizations that provide job training, reentry services and legal aid. The program would be managed by a new Cannabis Justice Office under the Justice Department. DOJ grants would also go toward law enforcement hiring and community outreach to combat the illicit market. Separate Equitable Licensing Grant and Equitable Licensing Grant Programs would provide funding for states and localities to promote participation in the industry by minority and low-income people. Further, there would be a 10-year pilot program through the federal Small Business Administration “for intermediary lending” to provide “direct loans to eligible intermediaries that in turn make small business loans to startups, businesses owned by individuals adversely impacted by the War on Drugs, and socially and economically disadvantaged small businesses.” People could not be denied federal benefits due to the use or possession of marijuana or for a conviction for a cannabis offense. That includes preventing the revocation of security clearances for federal employees. Federal employment drug testing for marijuana would also be prohibited, with certain exceptions for sensitive positions such as law enforcement and those involving national security. Physicians with the U.S. Department of Veterans Affairs (VA) would be authorized to issue recommendations for medical cannabis to veterans. There would be measures taken to prevent diversion, including the establishment of a track-and-trace regime. Further, retail cannabis sales would be limited to 10 ounces in a single retail transaction. Federal law would be amended to explicitly state that SBA programs and services available to marijuana businesses and companies that work with them. The Government Accountability Office (GAO) would be required to facilitate a number of studies into marijuana policy—for example evaluations of the societal impact of legalization in states with recreational marijuana laws on the books, including information on impaired driving, violent crime and more. The Bureau of Labor Statistics (BLS) would need to compile demographic data on business owners and employees in the cannabis industry. Employers with federal cannabis permits required under the legislation that violate certain federal labor laws could see their permits rescinded—a bold policy proposal that would make the marijuana industry uniquely labor friendly. The U.S. Department of Health and Human Services (HHS) would be required to work with the National Institutes of Health (NIH) on ways to promote research into cannabis impacts. There would be a specific requirement to study the diversity of marijuana products available for research purposes. The bill calls for an increase in the quantity of cannabis that’s available for study purposes. There would be targeted public education campaigns meant to deter youth consumption. States would also receive funding for initiatives to prevent youth use and impaired driving, which would include money for education and enforcement. The Department of Transportation would be responsible for developing a standard for THC-impaired driving within three years of the bill’s enactment that states would be required to adopt, unless the secretary finds the department is unable to set such a scientific standard. The National Highway Traffic Safety Administration (NHTSA) would be tasked with collecting data on impaired driving, producing educational materials on the issue for states to distribute and carry out education campaigns. Vaping delivery system products that contain added natural or artificial flavors would be banned under the proposal. Cannabis reform supporters cheered the introduction of the bill. “The reintroduction of the CAOA in the Senate represents a critical opportunity for Congress to adopt marijuana reform that prioritizes the health, safety and wellbeing of everyday Americans,” Maritza Perez Medina, director of federal affairs for the Drug Policy Alliance, said in a press release. “Recent federal orders to advance marijuana reform show how far public opinion and our movement have come. A majority of people across the political spectrum recognize that marijuana criminalization has been a failure and support legal regulation that works.” “The question is not if, but how, we continue on the path toward legalization and repair,” she said. “Do we adopt a piecemeal approach that largely benefits corporate interests and stops short of ending criminalization? Or do we embrace a comprehensive approach that ends federal criminalization, removes all barriers to research into health risks and benefits, and ensures that workers, small businesses, and patients have the protections and opportunities they deserve?” Bryon Adinoff, president of Doctors for Drug Policy Reform, said that moving cannabis to Schedule III, as the Trump administration is considering, “would represent an important acknowledgment of medical reality, but it still falls far short of the comprehensive reform that is needed.” “Cannabis would remain within the Controlled Substances Act, preserving many of the barriers that have distorted research, limited product standardization and placed physicians and patients in legal uncertainty for decades,” he said. “The federal government has already effectively conceded that cannabis has accepted medical use in the United States, a position that is incompatible with continued criminalization at the federal level.” “What is ultimately needed is legislation that provides a regulatory framework and full federal descheduling, such as the Cannabis Administration and Opportunity Act, so cannabis policy can finally be approached as a matter of public health rather than criminal law,” Adinoff said. Dasheeda Dawson, board chair for the Cannabis Regulators of Color Coalition, said that “cannabis regulators across the country understand that rescheduling alone does not resolve the core failures of prohibition.” “Instead, it risks creating a two-tiered industry, where federally protected businesses move ahead while justice-impacted communities still bear the burden of enforcement and exclusion. We cannot regulate our way to equity while preserving the same criminal legal framework that caused the harm,” she said. “The CAOA offers a more comprehensive path because it treats cannabis policy as inseparable from restorative justice, community reinvestment, fair market access and protection against monopolization. Real reform means dismantling the architecture of the drug war—not rebranding it.” The Republican majority in the House of Representatives, meanwhile, has advanced legislation this Congress to block the Trump administration from carrying out marijuana rescheduling. The House Appropriations Committee also approved a bill containing a provision to block federal workers’ compensation programs from covering medical cannabis—”regardless of any change in the scheduling of marijuana.” The panel also approved a separate spending bill and attached report that directs federal officials to continue requiring government employees and safety-sensitive workers such as truck drivers and airline pilots to be drug tested for marijuana, “regardless of any future changes to the legal status or scheduling.” Read the full text of the new Senate marijuana legalization bill below: The post Senate Democrats File Bill To Fully Legalize Marijuana Under Federal Law As Trump Moves To Merely Reclassify It appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  19. Marijuana reform opponents are asking a federal court not to let two medical cannabis companies intervene in a lawsuit that seeks to block the Trump administration from moving forward with federally rescheduling the drug. The businesses—MedPharm Iowa, LLC, which does business as Bud & Mary’s, and Tri-Mountain Pure, LLC—moved late last month to join the side of the government in opposing the litigation from prohibitionists. But now, in two separate filings, anti-rescheduling groups that brought legal challenges that have since been consolidated are arguing that the firms should not be allowed to take part in the litigation. Lawyers for Smart Approaches to Marijuana (SAM) and National Drug and Alcohol Screening Association (NDASA) wrote in a brief that the marijuana companies “have not identified any argument they would make that would not be pressed by the government” and, as such, “are not entitled to intervention.” “The motion to intervene should be denied because…they have not shown that the government will not adequately represent their interests in this case,” it says. “Proposed Intervenors fail to demonstrate that their interests diverge from the government’s in any way or that their presentations in the case will differ at all from the government’s. They do not point to any legal argument or strategy they might pursue that will not be pursued by the government. All they offer is a single sentence asserting that they, unlike the government, have ‘private commercial interests’ at stake, namely ‘a specific, focused interest in the transfer of their products to schedule III and the opportunity to register with DEA to ensure their operations do not violate the Controlled Substances Act.'” A separate filing from attorneys for Cannabis Industry Victims Educating Litigators, Kenneth Finn, MMJ BioPharma Cultivation Inc., MMJ Biopharma Labs, Inc., MMJ International Holdings, Inc. and New Directions Addiction Recovery Services similarly says that the cannabis companies “do not identify a single legal argument in defense of the order that Respondents are unable or unwilling to make.” “Their motion instead lists commercial and operational grievances—tax treatment under § 280E, pending registration applications, banking, research, and hiring—that are irrelevant to the issue in this case, namely whether Respondents acted within their statutory authority and observed required procedures.” The opponents of the federal rescheduling move say that to the extent the medical cannabis firms want to shape the litigation, the court could allow them to file amici curiae briefs as outside parties instead of becoming direct participants. Bud & Mary’s, which operates in Iowa, and Tri-Mountain Pure, which is based in Pennsylvania, have both already applied for federal registration using a Drug Enforcement Administration (DEA) form that the agency made available for cannabis businesses seeking protections and benefits that come with rescheduling, and their motion to intervene says they would be “would be directly harmed” if cannabis reform opponents’ challenges are successful. The litigation challenging the federal cannabis rescheduling move is actually comprised of three separately filed lawsuits that have been consolidated by the U.S. Court of Appeals for the District of Columbia Circuit. One suit is led by prohibitionist organization Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA), who claim they are “aggrieved” by the reform. Another comes from a coalition of anti-marijuana activists, substance misuse professionals, doctors and a cannabis-focused biopharmaceutical corporation. A third challenge was filed by the attorneys general of Indiana, Nebraska and Louisiana—though the later state later withdrew from the suit. Meanwhile, the Department of Justice recently filed a brief opposing marijuana opponents’ request to pause the cannabis rescheduling proposal from moving forward amid the overall litigation—arguing that the drug testing industry association and pharmaceutical company seeking to block the reform have “pocketbook interests served by keeping all marijuana in schedule I.” The developments in the litigation come as DEA this week wrapped up an administrative hearing on the marijuana rescheduling proposal in which government witnesses and lawyers highlighted the medical uses and relative safety of cannabis while opponents challenged the process by which officials developed the recommendation for the reform. Under an action announced by Acting Attorney General Todd Blanche in April, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as did any marijuana products that are approved by the Food and Drug Administration (FDA). The hearing is considering broader cannabis rescheduling, including for recreational products. The suit from SAM and NDASA challenging rescheduling was signed by attorneys at Torridon Law PLCC, where former U.S. Attorney General William Barr, led DOJ during Trump’s first term in office, is a partner. SAM had announced in January that it was hiring Barr’s firm to legally combat cannabis rescheduling after Tump signed an executive order directing officials to complete the process expeditiously. Meanwhile, the House Appropriations Committee voted to block federal officials from taking further steps to carry out cannabis rescheduling. Bipartisan lawmakers told Marijuana Moment, however, that they don’t expect the legislative effort to block rescheduling to succeed. Separately, SAM and other plaintiffs filed a lawsuit seeking to block a Trump administration program to cover certain hemp-derived products through Medicare. That case was dismissed by a federal judge in May, but that decision is being appealed. Read the full recent briefs in the marijuana rescheduling lawsuit below: Photo courtesy of Philip Steffan. The post Marijuana Companies Shouldn’t Be Allowed To Defend Rescheduling By Joining Lawsuit, Anti-Cannabis Groups Say appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  20. “Veterans should never have to choose between being truthful with their healthcare providers and worrying that a routine checkbox could quietly become a barrier to care.” By Mary Lynn Mathre, Veterans Action Council The Veterans Action Council (VAC) has obtained thousands of pages of internal Department of Veterans Affairs (VA) records through the Freedom of Information Act (FOIA) as part of an ongoing series, revealing how VA develops cannabis policy and trains its clinicians—but a question has remained: Is VA actually following its own policies? Sometimes the most important evidence doesn’t come from another FOIA request; it comes directly from veterans. Two Veterans attending separate VAC meetings, treated at different VA facilities in states with medical cannabis programs, independently shared similar experiences. In both cases, a routine dental intake form asking about cannabis use appeared to contribute to medical documentation that later influenced healthcare decisions outside the dental clinic. Based on VAC’s collective experience, this appears to be a new development. Cannabis-related pain contracts were common more than a decade ago, and veterans successfully pushed back. Now, similar cannabis-related restrictions appear to be emerging in VA dental care. That raises a troubling question: Can a simple checkbox quietly shape a veteran’s medical record and, ultimately, affect future care without the veteran fully understanding how that information will be used? It matters because VHA Directive 13151, which lays out the department’s overall approach to cannabis, says that veterans should not be denied VA healthcare solely for participating in a state-authorized medical cannabis program or disclosing cannabis use. Yet the records reviewed by VAC suggest that, in at least some states, a dental intake form may carry consequences far beyond the dentist. From Dental Intake To Permanent Medical Record Every day, veterans complete health questionnaires before receiving VA dental care. Along with questions about medications, tobacco use and medical history, many forms ask whether the patient uses cannabis products—including THC, CBD or synthetic cannabinoids. There are legitimate clinical reasons for asking. Cannabis may affect anesthesia, sedation, pain management and medication interactions. Honest disclosure helps providers deliver safe care. But the issue is not the question; it’s what happens after the answer is recorded. The dental intake form reviewed by VAC doesn’t clearly inform veterans that their responses may become part of their permanent electronic medical record, be accessible to providers throughout the VA healthcare system or influence future clinical decisions. Veterans can review their records through the Blue Button feature in VA’s My HealtheVet patient portal, but many don’t discover how their cannabis use has been documented until after it has already affected their care. A notation of “cannabis use” provides little clinical context. It doesn’t distinguish between state-authorized medical cannabis, CBD-only, occasional use or daily THC use, and it doesn’t establish impairment or cannabis use disorder (CUD). Clinical conclusions require clinical assessment, not a checkbox. When Documentation Changes The Story One VAC member’s experience illustrates why this matters. This veteran disclosed cannabis and CBD use during a dental visit. Later, during an unrelated ADHD evaluation, the medical record described the veteran as a “regular cannabis user,” despite no documented assessment of frequency, dosage, purpose, impairment or whether the disclosure primarily involved CBD, which was the case. VAC is not suggesting that every cannabis disclosure leads to this outcome. Rather, this case shows how a brief intake response can become a lasting clinical characterization without documented medical reasoning. CUD is a legitimate DSM-5 diagnosis, but a checkbox, a positive THC test or a simple admission of cannabis use cannot establish it. It requires an individualized clinical assessment using established diagnostic criteria. When cannabis documentation influences referrals, behavioral health evaluations, prescribing decisions or access to care, the medical record should clearly document the clinical basis for those decisions. What VA Policy Requires These cases raise concerns because they appear to conflict with VHA Directive 13151, which states that veterans should not be denied VA healthcare solely for participating in a state-authorized medical cannabis program or disclosing cannabis use. The directive encourages providers to discuss and document cannabis use when medically relevant. It doesn’t support using disclosure alone as a basis for denying care or creating barriers to treatment. If documentation originating in a dental clinic contributes to delays or denials elsewhere in the VA healthcare system, that practice warrants careful review to ensure consistency with Directive 1315. Why This Matters These cases are about more than paperwork. VAC is documenting veterans in multiple states who believe cannabis disclosures made during dental visits later adversely influenced unrelated healthcare decisions. While further investigation is needed to determine the extent of this practice, these patterns raise serious questions about patient safety and the accuracy of ongoing documentation. Medical records follow veterans throughout the VA healthcare system. A note entered during one appointment may later influence decisions by primary care providers, mental health clinicians, specialists, pharmacists and others. The issue is not whether providers should ask about cannabis. It’s whether a routine disclosure, recorded without adequate context, can quietly become a lasting clinical characterization that negatively affects future VA care. What Veterans Should Do Veterans should continue to answer healthcare questions honestly. Accurate information helps clinicians provide safe treatment. At the same time, veterans should provide as much context as possible. If cannabis is used for medical purposes, that should be stated. If the product contains only CBD, that distinction matters. Frequency of use, timing of last use and the medical reason for using cannabis may also be clinically relevant. Veterans should also periodically review their records through Blue Button, paying close attention to provider notes, diagnoses and problem lists. If information appears inaccurate or incomplete, veterans can seek clarification through secure messaging, discuss concerns with their provider, request assistance from a patient advocate or privacy officer or formally request an amendment to their medical record. What VA Should Do VAC believes these cases highlight opportunities to strengthen documentation practices while reinforcing existing policy. VA should ensure that intake forms clearly explain how disclosed information may be used, make forms relied upon in clinical decision-making available within veterans’ medical records, require individualized clinical justification whenever cannabis documentation materially affects treatment decisions and audit cannabis-related delays or denials of care to ensure compliance with Directive 1315. The Bottom Line The experiences shared by VAC members raise important questions about what may be happening in real-world practice. Patients outside the VA system should pay attention to this issue, as what transpires within VA will likely be spreading across the country. VAC’s ongoing cannabis-related FOIA investigation has revealed what official VA policy says should happen. If a routine dental intake form contributes to documentation that later affects healthcare decisions, then the issue extends far beyond just dentistry. It becomes a question of medical record accuracy, transparency and whether veterans can trust that their honest disclosures will be documented fairly and used appropriately. Veterans should never have to choose between being truthful with their healthcare providers and worrying that a routine checkbox could quietly become a barrier to care. A checkbox should initiate a clinical conversation, not serve as a clinical conclusion. Mary Lynn Mathre is co-founder and president of Patients Out of Time and a founding leader of the American Cannabis Nurses Association. She is the editor of Cannabis in Medical Practice and co-editor of Women and Cannabis, and is a patient advocate and a former lietenant in the U.S. Navy Nurse Corps. The post How A Cannabis Checkbox On VA Dental Paperwork Can Shape Veterans’ Medical Records Without Them Ever Seeing It (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  21. GOP senator on keeping hemp legal; ID medical marijuana ballot rejection details; VA cannabis violation report form; Medical marijuana & veterans 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… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The Department of War issued a memo warning service members that use and possession of marijuana “remain punishable” even in light of the Trump administration’s move to federally reschedule cannabis. Sen. Tim Sheehy (R-MT) said he is optimistic the scheduled federal recriminalization of hemp THC products this year can be averted—saying forthcoming bipartisan legislation on the issue can bring lawmakers together during a “hyperpartisan time when it appears like we can’t get anything passed.” Idaho’s secretary of state detailed his determination that a medical cannabis campaign failed to submit enough valid signatures to put a legalization initiative on the November ballot—revealing in a new letter that possible illegal petitioning conduct has been referred to the State Police for “review and potential criminal investigation.” The Virginia Cannabis Control Authority launched an online form and tip line for people to report suspected violations of the state’s new recreational marijuana sales legalization law—saying that “every report helps [to] investigate potential violations and protect public health and safety.” U.S. Army veteran Dray Orion argues in a new op-ed that it’s time for South Carolina lawmakers to “an honest conversation about medical cannabis” after years of legislation being filed and failing to pass. / FEDERAL Veterans Affairs Secretary Doug Collins and Health and Human Services Secretary Robert F. Kennedy Jr. posted a video about their departments’ psychedelics partnership. The White House Office of Management and Budget noted that a commenter on a proposed update of the North American Industry Classification System suggested including the cannabis industry. / STATES A federal judge issued a preliminary injunction blocking Ohio officials from enforcing hemp product restrictions against 10 beverage companies. Colorado regulators issued a health and safety advisory about marijuana products with pesticides above acceptable limits. Vermont regulators published updated guidance on marijuana purchase limits and action limits. California marijuana regulators posted a five-year strategic plan. Illinois regulators provided a response to a question about sales of cannabis seeds. The Minnesota Cannabis Expungement Board hosted an event to help people clear past marijuana records. New York regulators extended the deadline to submit abstracts for a medical cannabis symposium to July 24. Pennsylvania regulators posted an updated list of Medical Marijuana Advisory Board members. Michigan officials will hold an event about marijuana taxes on Thursday. The Alaska Marijuana Control Board Laboratory Testing Working Group will meet on Thursday. The Rhode Island Cannabis Control Commission will meet on Friday. — Marijuana Moment is tracking hundreds of 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 San Francisco, California Board of Supervisors approved a proposal to allow cannabis cafes. Oakland, California’s Cannabis Regulatory Commission will meet on Thursday. / INTERNATIONAL Kenya’s High Court upheld the country’s cannabis criminalization law amid a challenge from Rastafarians. / SCIENCE & HEALTH A study suggested that a CBD-loaded hyaluronic acid–graft-poly nanogel “is a safe and promising delivery system for acne management.” A study found that a single dose of psilocybin reduces both the rapid and sustained fear memory in mice, at least in part by restoring neuroplasticity in the hippocampus and [medial prefrontal cortex],” indicating that “psilocybin has significant potential for use in the treatment of PTSD and other mental disorders characterized by fear memory.” / ADVOCACY, OPINION & ANALYSIS The Hemp Beverage Alliance published a report on wholesale sales data for the industry. / BUSINESS U.S. Customs and Border Protection ruled that a STIIIZY vape does not infringe on any patents in response to an infringement challenge from PAX Labs. Curaleaf Holdings, Inc. received approval for two standardized cannabis preparations from Spanish officials. 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 Military issues anti-cannabis warning despite rescheduling (Newsletter: July 16, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  28. A Republican senator is previewing forthcoming bipartisan legislation to reverse the scheduled federal recriminalization of hemp THC products this year and replace it with a new regulatory system that includes age limits and taxes. Sen. Tim Sheehy (R-MT) said the issue is “important to me personally” as a wounded veteran “who has a lot of friends who’ve gone through various stages of healing after the war” and also as someone who represents an agriculture-focused state. “I’m optimistic that in a hyperpartisan time when it appears like we can’t get anything passed, this might actually be a subject where we can see both executive and legislative success,” the GOP lawmaker said during a Zoom meeting with members of the group Hemp Industry & Farmers of America (HIFA) on Wednesday. “That’s going to be good for America.” Sheehy said there is a “bipartisan group coalescing around” the issue, citing lawmakers such as Rep. Andy Barr (R-KY) and Sen. Amy Klobuchar (D-MN) who he is partnering with hemp reform legislation that he said will be introduced “relatively soon.” “We’re contemplating a number of legislative actions here that support the hemp industry.” The senator, who has separately championed veterans-focused psychedelics legislation, noted that the Trump administration has been pushing Congress to delay, amend or alter the planned hemp ban and has also been taking steps to accelerate therapeutic access to substances such as psilocybin and ibogaine. “They’ve signaled support for a lot of non-standard treatments, a lot of non-standard drugs, a lot of non-standard substances that historically—by historically I mean hundreds of years ago—have been used for a long time, but in the last 50 years have been restricted from usage,” Sheehy said. Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that President Donald Trump signed during his first term in office. But late last year, Trump signed new legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12. In a letter to House Speaker Mike Johnson (R-LA) last month, White House Office of Management and Budget (OMB) Director Russell Vought said the administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing legislation that would keep many hemp products legal that are currently set to be recriminalized this year, add labeling requirements and institute new taxes on sales, among other regulatory reforms. During the meeting with industry representatives on Wednesday, Sheehy noted how hemp products have “continuously proved to be effective in helping” veterans dealing with PTSD, traumatic brain injury and chronic pain—especially as an alternative to opioids and alcohol. The senator also responded to questions from HIFA members who asked about the specific details of the soon-to-be introduced hemp reform legislation. In response to one person who noted that hemp farmers often have to destroy a significant percentage of their crops due to compliance issues, Sheehy said that his legislation as drafted would raise the threshold for legal hemp crops to 1 percent THC, up from the current 0.3 percent limit. “This has all been obviously crafted with industry and farmer input,” he said. “And we’ve heard from the various stakeholders that they feel this will give enough certainty and flexibility for crop cultivation, that this will give the security and the safety net they need to to be able to invest in this.” Replying to a separate question about taxes on hemp products, Sheehy said that the rate of 5 cents per milligram of THC for beverages that is currently in the bill, along with a 5 percent user fee for other hemp-derived products for interstate commerce, is “a place where the business can thrive.” “It’s still a fair balance between the producers and the taxpayers and the consumers that strikes that middle ground,” he said. “Now, of course, we’ve got to get this passed. It’s got to go through negotiation and conference. That could change.” — Marijuana Moment is tracking hundreds of 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. — On that note, the senator said that the bill is “not going to be perfect out the gate.” “I think in trying to get something done bipartisan and get it approved by the admin and get it passed into law, we’re going to have to accept close enough and good enough initially, and hopefully tweak it later,” he said. Other issues addressed during the call included how to keep children from accessing intoxicating hemp products and protecting the ability of companies to engage in interstate commerce. Ultimately, Sheehy expressed optimism that Congress could pass legislation to keep hemp products legal this year. “When we have an actual profitable crop that there’s genuine free market demand for that crop, and we have the ability to grow that crop in America and sell it profitably with free market enterprise reigning, and it’s not even government subsidized—it’s silly not to let that thrive,” the senator said. “Now, yes, there’s a limit to that. We don’t want to be growing opium and you know heroin all that stuff and cocaine,” he said. “I get it, but this is not that. And I think it’s important that we institute a legal framework around this because if we don’t, it’ll always be perceived as one of these. It’ll still be tucked in the corner of a fringe drug that’s bad and has to be banned. I think if we bring it into the light, we regulate it, we provide a framework around it. It’s going to be accepted it’s going to thrive.” Meanwhile, the former head of the Department of Homeland Security under the first Trump administration recently sent a letter warning congressional against keeping hemp THC products legal, claiming that reversing the ban that is set to take effect later this year would “undermine public health” and “embolden foreign criminal actors.” The Trump administration, however, “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said last month, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.” The call to avert a broad prohibition on hemp CBD products was included in a statement of administration policy about an annual agriculture spending bill that passed the House of Representatives. Several lawmakers had filed amendments to that legislation to keep hemp products legal, but each was either blocked by the House Rules Committee from advancing to a floor vote or withdrawn by its sponsor. “The Administration supports advancement of this legislation, but looks forward to addressing its concerns prior to enactment,” OMB said in its statement of administration policy. “The Administration looks forward to working with the Congress to provide more input as the bill’s legislative process unfolds.” In April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products. “I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post on the same day his administration announced it is moving forward with rescheduling marijuana. “We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.” Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market. “ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.” He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. “In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!” “Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!” It’s not clear how far Trump wants to scale back the scope of the scheduled federal restrictions on hemp products and what kinds of revised THC rules and limitations he would prefer to sign into law. As Marijuana Moment reported last month, a Republican congresswoman is circulating draft legislation that would keep hemp THC beverages legal under federal law, creating a carve-out from the broad recriminalization of products derived from the crop that is set to take effect later this year. The Hemp-Derived Beverage Regulatory Clarity Act from Rep. Beth Van Duyne (R-TX), in its current form, would allow adults over 21 to purchase and consume hemp THC drinks with up to 5 milligrams of delta-9 THC per serving. It would also impose a federal tax of 10 cents per milligram of any hemp-derived cannabinoid contained within such beverages. The National Restaurant Association, which represents the industry, recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages that is scheduled to take effect later this year and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol. A U.S. Department of Agriculture report published in April shows that farmers in the U.S. grew three-quarters of a billion dollars worth of hemp crops in 2025—a 64 percent increase from the prior year. The post GOP Senator Says Keeping Hemp THC Products Legal Is An Issue That Can Unite Lawmakers At A ‘Hyperpartisan’ Time appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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