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An Arizona bill that would have penalized people who create “excessive” amounts of marijuana smoke or odor has died, a relief to advocates who said the proposal amounted to overreach that would have undermined the legalization law voters enacted. The legislation from Sen. J.D. Mesnard (R) did pass the Senate in March, as well as the House Judiciary Committee, but it stalled on the floor despite being endorsed by the chamber’s Republican and Democratic caucuses after there was an objection to it passing on the consent calendar. Lawmakers adjourned the legislative session on June 13 before the proposal could be taken up on the regular calendar, officially killing it for the year. Throughout the measure’s history, lawmakers heard testimony on both sides of the debate, with proponents calling it a necessary update to state statute that will prevent unsolicited exposure to the smell of cannabis and opponents such as Arizona NORML and the ACLU of Arizona arguing that the proposal unnecessarily undermines the will of voters who enacted legalization at the ballot. Mesnard, the bill sponsor, responded to criticism of the proposal, including the possibility that the policy could be subject to litigation if its ultimately enacted into law, during a House committee hearing in March. “I don’t think we should feel paralyzed as policymakers to advance the right policy that’s protecting somebody’s private property rights,” he said. “Someone can litigate anything we do down here, and it is often used as a way to try to paralyze us from decision making. I don’t think it should be in this case.” He also explained to a member of the House panel that the bill would not force local governments to adopt their own rules or take enforcement action. “Some some cities or towns may pursue something, some won’t. This is the backup if they don’t have something,” the senator said. “It’s obviously something that it’s easier to pursue at the local level—and, typically, nuisances are pursued at the local level—so it’s not trying to interfere with what is the most common approach.” A separate companion resolution to put the issue before voters to decide on failed in the Senate, but Mesnard later made a successful motion to reconsider that defeat—though the measure was not brought up again. As introduced, both measures would have added broad criminalization provisions back into the state’s cannabis use laws. But most of that punitive language was revised by the Senate Committee of the Whole. For example, it was changed to provide a clearer definition of “excessive” smoke and remove a reference to making the offense a “crime.” The bill as passed by the Senate, however, would have made it a public nuisance punishable by up to four months in jail and a $750 fine to create “excessive marijuana smoke or odor…if the person’s conduct is intentional or the person knowingly and substantially interferes with the comfortable enjoyment of life or property.” The latest revised definition of excessive cannabis smoke or odor described it as “airborne emissions resulting from the burning, heating or vaporizing of marijuana or marijuana products,” according to a summary of the adopted amendment. Such emissions must also be “detectable by a reasonable person of ordinary sensibilities on other private property” and “occur for more than 30 consecutive minutes on a single occasion or on three or more separate days within a 30-day period.” The bill (SB 1725) and resolution (SCR 1048) in their latest form specified that “lawful possession or use of marijuana does not preclude a finding of nuisance, except that a court may consider possession of a valid registry identification card as a mitigating factor,” and they provide that “a person is not liable for committing a private nuisance unless the person has received notice of the interference and fails to abate it within five days.” Under the revised legislation, the affected party would first had to file a compliant with local officials before pursuing action with the state, but only if the municipality has already adopted an ordinance regulating excessive cannabis smoke or odor. A person would have been deemed in violation of the law if a local court issued a written order directing them to “abate excessive marijuana smoke or odor that constitutes a nuance” and that person “knowingly violates or refuses to comply with the order.” Each day of non-compliance after failing to adhere to the order would have been considered a separate offense, and failure to comply would have been a petty offense. — 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, marijuana opponents had filed a ballot initiative to roll back legalization in Arizona this year, but that effort was scrapped after the local campaign leader said he has “adjusted my viewpoints on the threat to kids” posed by the legal marijuana industry. Sean Noble, president of the political strategy firm American Encore, told local media that while he launched the campaign due to concerns about marketing of cannabis to children, he has come to realize that marijuana businesses in Arizona have “not done some of the things that I thought they were doing.” “I went into it with a pretty profound belief that it was happening,” Noble said. “I was kind of relying on things that I had seen or read from other people.” “I don’t think that they’re specifically marketing gummies and candies and that kind of thing the way that I was led to believe that they were doing,” he said. “Maybe they’re doing that in other states. But it’s not happening here in Arizona.” A poll from 2024 found ongoing majority support from Arizona likely voters for medical cannabis legalization (86 percent), adult-use legalization (69 percent) and industry banking reform (78 percent). Meanwhile, senior residents in Arizona independent living communities could soon see a different kind of care service available in their neighborhoods: Kiosks allowing them to view and buy marijuana products from licensed dispensaries. The retailer Life Is Chill and cannabis technology company LoveBud announced recently that they were partnering for the launch of the novel initiative, which will involve deploying the kiosks in participating senior living communities that residents can use to learn about and order marijuana products for delivery. The post Arizona Bill To Punish People Over ‘Excessive’ Marijuana Odor Or Smoke Dies As Session Adjourns appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The state attorney general signed off on the medical cannabis rules earlier this week. By Zach Wendling, Nebraska Examiner Nebraska’s medical cannabis regulations will become a permanent fixture of the state regulatory code Monday, five days after Nebraska Gov. Jim Pillen (R) gave final approval. Pillen announced Wednesday that he had signed the proposed set of regulations from the Nebraska Medical Cannabis Commission. Under state law, the regulations will take the force of law five days after the governor’s signature and after being filed with the Nebraska Secretary of State’s Office. A temporary set of regulations, identical to the now-approved version, had been set to expire July 15. They will be replaced next week. Nebraska Attorney General Mike Hilgers (R), whose statutory duty is to review proposed regulations for legal and constitutional validity, signed off on the medical cannabis regulations Tuesday. He said they “do not clearly violate the state or federal Constitutions on their face.” Pillen did not issue a statement about his approval of the regulations. In September, he rejected a draft set of regulations because they did not yet include a plant limit for licensed cultivators, but much of the rest of the regulations were the same. “If an inclusion of plant population limits for permitted cultivators can be included, I will support the remainder of the proposed emergency regulations to go into effect,” Pillen said in a September 4 letter. “Again, thank you for your work on this matter and answering the call to public service.” Medical cannabis regulators answered Pillen’s request at a September 8 meeting, limiting the state’s four licensed cultivators—the maximum number allowed under the regulations—to grow no more than 1,250 flowering plants at one time. One cultivator has so far passed inspection and has been approved to begin growing. Among other requirements in the regulations: Establishing a “Recommending Health Care Practitioner” directory and requiring patients who want to access Nebraska-licensed dispensaries to go through one of the providers. Restricting purchases of medical cannabis to no more than 5 ounces of medical cannabis in a 30-day period, of which no more than 5 grams can be delta-9 tetrahydrocannabinol (THC) from the same dispensary. Delta-9 THC is the part of cannabis most associated with a “high.” Allowing no more than 12 medical cannabis dispensaries statewide, arranged by judicial district. That would mean one dispensary each in Douglas County (584,526 residents), Lancaster County (322,608 residents), Sarpy/Cass Counties (217,202 residents) and Buffalo/Hall Counties (112,979 residents), according to 2020 census data. Prohibiting the sale of smoking or vaping products and edibles of any kind. Oral tablets with a “thin layer” of flavoring to make the products swallowable would now be allowed. Pillen and Hilgers, when the voter-approved medical cannabis laws took effect in December 2024, said they both believed “serious issues remain regarding the validity of these [ballot measure] petitions under federal law and the Nebraska Constitution.” In the time since, Pillen has taken a more open stance to the Medical Cannabis Commission than Hilgers, who has continued to oppose federal marijuana rescheduling efforts. His office had also threatened possible legal action against the commission if it issued licenses. When that occurred shortly after October 1 last year, a voter-imposed deadline, no such lawsuit came. The next Medical Cannabis Commission meeting is July 20. This story was first published by Nebraska Examiner. Photo courtesy of Mike Latimer. The post Nebraska Governor Approves Medical Marijuana Regulations appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“All of this stuff would be taken off the shelves. This is almost 90 percent of our product line. It will probably destroy our business.” By Phillip Smith, The American Hemp Monitor Hawaii will crack down on non-compliant hemp and CBD retailers beginning Wednesday as enforcement of a state law passed last year requiring them to register commences. The law went into effect January 1, but the state gave retailers a grace period before beginning enforcement actions. So far, only 50 shops have registered, and other hemp businesses have turned to the federal courts. They are seeking a preliminary injunction to block the state from enforcing the law until the issue can be argued before a judge. “What that’ll do is say, ‘hey, let’s pause the law for a second. Let’s make sure everything’s right, everything’s fair,’ and in our argument, it hasn’t been fair,” said Lance Alyas, one of the plaintiffs in the case and the owner of four hemp and CBD shops. But state Medical Cannabis Control director Andrew Goff retorted that shop owners had sufficient time to prepare. “You had time to change your inventory or pivot from whatever industry you want to go into. And I think we’ve given people enough time for that,” Goff said. Under state law, only products that meet the definition of a “manufactured hemp product” are allowed for sale. Such products must also fully comply with all state regulatory requirements, including, but not limited to, total THC limits, lab testing, restrictions on certain ingredients and child-safety packaging and labeling before they can be sold. Edibles, topicals and beverages are considered “manufactured hemp products” and thus legal (if they meet the other requirements), but vapes, smokeable hemp, and products made with “artificially derived or synthetic cannabinoids,” including those created from CBD, are not. Also, any “manufactured hemp product” whose THC levels exceed those specified by the state is illegal. Allowable THC levels are capped at 1 milligram per serving and 5 milligrams per package. “A lot of those products are meant to be intoxicating,” Goff said. “And products like smokables, vapes, those have never been legal under Hawaii law.” Alyas said he had already removed highly potent synthetic cannabinoid products from his shelves but that he still worried about his remaining product lines. “These are all naturally derived. So there’s nothing synthetic in it. This is flower, for example. We have gummies. These are specifically for sleep. We’ve got smokables like these,” Alyas said. “All of this stuff would be taken off the shelves. This is almost 90 percent of our product line,” he said. “It will probably destroy our business.” The hemp retailers are garnering little sympathy from key politicians, such as Rep. Scot Matayoshi (D), chair of the House Consumer Protection Committee. “If putting these people out of business means getting these products off the streets…that are falling into the hands of kids and that are circumventing our other laws, then they should be out of business,” Matayoshi said. While enforcement begins on Wednesday, it could be halted on Thursday. That is when a federal judge, who could rule immediately, hears the case. This story was first published by The American Hemp Monitor. The post Hawaii Officials Are Facing A Federal Lawsuit Over Newly Enforced Hemp Product Restrictions appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“This may be an encouraging sign for those advocating for the rescheduling of cannabis in a way that will survive the inevitable legal challenge(s) that would follow rescheduling.” By Brett Schuman and Adam Horowitz, Goodwin Procter LLP On Monday, the Drug Enforcement Administration (DEA) began a hearing concerning the potential rescheduling of cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) of 1970. DEA recently announced the list of participants invited to speak at the hearing, and all have expressed opposition to rescheduling. Indeed, not a single supporter of rescheduling who sought to participate has been invited to speak. This has, unsurprisingly, been met with skepticism (to put it mildly) from many in the industry. But there is another way to look at DEA’s approach to selection of the participants: this may be an encouraging sign for those advocating for the rescheduling of cannabis in a way that will survive the inevitable legal challenge(s) that would follow rescheduling. As an initial matter, it is worth mentioning that this hearing does not concern the rescheduling of Food and Drug Administration (FDA)-approved products containing cannabis or medical cannabis products that were rescheduled to Schedule III pursuant to the Department of Justice’s April 2026 order; rather, the present hearing concerns only the rescheduling of all cannabis products that currently remain under Schedule I of the CSA. In other words, the outcome of this hearing will have no direct effect on the cannabis products that have already been rescheduled to Schedule III—a separate action that itself is being challenged by opponents in court. For purposes of the hearing that started on June 29, DEA is the party advocating in support of rescheduling and it bears the burden of proving rescheduling is warranted by a preponderance of the evidence. We have some indication from the DEA how it plans to try to carry its burden. First, while DEA listed a pharmacologist who submitted a report linking cannabis to psychosis and cognitive harm as a witness for the 2024 rescheduling hearing, DEA has indicated that it will not be calling this pharmacologist at the June 29 hearing and also that opponents of rescheduling would need to try to subpoena her to compel her testimony. Second, on June 26, DEA revealed the witnesses it will be calling in support of rescheduling—a physician will testify as to the medical benefits of cannabis, and an FDA official will explain how FDA developed its recommendation to move cannabis to Schedule III. The other witnesses permitted to testify and present evidence at the June 29 hearing have all expressed their opposition to rescheduling, and some have already sued DEA over its rescheduling of medical cannabis. DEA probably expects these groups and individuals to sue again challenging any rescheduling of adult-use cannabis. So, by inviting them to be heard at the hearing, DEA may be preserving the defensibility of the administrative process before making any final decision on the proposed rule. While it is yet to be seen whether this plan will be successful, this is not uncommon in regulatory rulemaking and also is a common strategy by judges in court to better protect their decisions on appeal. Under DEA regulations, only “interested persons”—defined as those “adversely affected or aggrieved by any rule or proposed rule issuable”—are required to be allowed to speak at a rule making hearing. In fact, this is the exact basis DEA has cited in its rejection letters to proponents of rescheduling who wished to speak. Because the pending proposed rule would reschedule cannabis to Schedule III, DEA has determined that proponents of rescheduling do not qualify as “interested persons” and therefore are not entitled to speak. Skeptics have pointed out that DEA previously permitted proponents of rescheduling to speak at a 2024 administrative hearing regarding potential. Of course, many proponents of rescheduling thought that hearing was not going to result in a rescheduling recommendation even with proponent participation, so it is hard to understand why proponents think this time it could turn out any worse. Further, the current hearing appears to be applying a different framework for determining whether participation is appropriate, adhering strictly to the definition of “interested person.” While this may be alarming to those unfamiliar with regulatory proceedings, it is not necessarily indicative of any particular outcome. Indeed, this is entirely consistent with an agency seeking to protect its process from later legal challenges. And while some may be concerned that the absence of proponent testimony means the regulatory record supporting a decision to reschedule will be absent, the Department of Health and Human Services’s (HHS) recommendation, DEA’s own analysis the public comments—many of which were submitted by the proponents seeking to speak—are all part of the administrative record if DEA ultimately decided to recommend rescheduling. And that existing record will be supplemented by the testimony of DEA’s two pro-rescheduling witnesses. Because the standard of judicial review for such rulemaking is whether the agency’s decision was “arbitrary and capricious;” in being extraordinarily accommodating of rescheduling opponents, DEA can later demonstrate that it considered all opposition and still found rescheduling to be warranted (if that is DEA’s recommendation). On the other hand, if the DEA granted supporters speaking rights as “interested persons,” despite not meeting the definition of an “interested person” under DEA regulations, that would be providing rescheduling opponents a potential basis to challenge a rescheduling decision. Finally, it is worth noting that the outcome of the hearing will be, at most, a recommendation to the DEA administrator regarding whether to move cannabis from Schedule I to Schedule III. The DEA administrator can accept or reject that recommendation, and the attorney general of the United States could make the ultimate decision whether to reschedule cannabis. So, there are both political and legal components to the rescheduling process. Given the history of court challenges, including the pending challenges to the rescheduling of medical cannabis, DEA may be structuring the hearing to best withstand the inevitable legal challenges if the administrative law judge’s recommendation is to move cannabis from Schedule I to Schedule III. Brett Schuman is a partner at Goodwin Procter LLP and co-chair of the firm’s cannabis practice, where he advises cannabis and hemp operators and investors on regulatory, intellectual property and litigation matters. Adam Horowitz is an associate at Goodwin Procter LLP and a member of the firm’s cannabis practice. Photo courtesy of Philip Steffan. The post DEA Inviting Only Marijuana Opponents To Participate In Rescheduling Hearing Is Actually An ‘Encouraging Sign’ For Supporters (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Delaware lawmakers have voted to override the governor’s veto of a bill that would prevent local governments from imposing onerous zoning restrictions that make it more challenging for marijuana businesses to operate in their jurisdictions. The House of Representatives voted 25-16 early Wednesday morning to overturn the veto from Gov. Matt Meyer (D), following the Senate, which did so back in January. House Majority Whip Ed Osienski (D) motioned for the override in his chamber, saying that the decision to take the action came after the state Supreme Court determined in May that state officials have authority over land-use issues. “The General Assembly controls zoning power,” he said, Spotlight Delaware reported. Bill sponsor Sen. Trey Paradee (D), who sharply criticized Meyer immediately after the veto and alleged that he “lied” about a deal to get the legislation enacted last year, changed his tone somewhat ahead of the override vote in his chamber earlier this year, stating that lawmakers did not intend to reject the veto as a “personal attack” on the governor. “This is not about personalities. This is not about politics,” the senator said. “This is about policy—and, more specifically, it is about whether the General Assembly is willing to stand behind the policy choices we already made in 2023 or whether we are comfortable allowing those choices to slowly collapse under the weight of inaction and obstruction.” Despite efforts to stand up the cannabis industry, “we have not meaningfully expanded the number of operating retail dispensaries,” he said, adding that the state “created expectations” about entrepreneurial growth but then “left license holders stranded.” “We have created a licensing system that promises opportunity while tolerating a local land use environment that prevents those licenses from ever being used,” he said. “That is not regulation. That is paralysis.” 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 Pardee and others say is kneecapping the industry with zoning restrictions that limit the expansion of the commercial market. “A weak legal market only serves to strengthen the illegal market,” Pardee said. “The first step to displacing the illicit market is not more rhetoric, it is building a functional, accessible, regulated legal market. The first step to building that market is allowing licensed businesses to open.” The legislation that lawmakers passed and the governor, a former New Castle County executive, vetoed would “prevent zoning from being used as a disguised prohibition,” Pardee said. “It establishes a reasonable statewide floor so that state-issued licenses have a realistic path to existence. That is all Senate Bill 75 is about: Finishing the job,” he said. “It is about preventing local zoning from being used as a de facto ban on a legal state-authorized industry.” “It does not force any business to open. It does not eliminate reasonable setbacks or safety rules. It does not strip counties of land use authority,” the senator continued. “What it does is establish a basic statewide floor so that, if the state issues a license, there is at least a realistic path forward to use it. That is fairness. That is regulatory integrity. That is good government.” “If we allow the governor’s veto to stand, we are effectively telling conditional license holders, you want a license, but we never intended to give you a place to operate. We are telling investors Delaware’s word is conditional. We’re telling entrepreneurs, apply at your own risk. That is not the message a serious state sends. Colleagues, we legalized adult-use cannabis. That decision has already been made. The question before us today is not whether marijuana should be legal. The question is whether we’re going to regulate the legal market competently. The question is whether we are comfortable watching surrounding states collect the revenue, create the jobs and build the infrastructure that could be built here. The question is whether we allow local zoning to quietly nullify state law.” “I believe the answer must be ‘no.’ Overriding this veto is not radical—is not reckless. It is responsible. It is a course correction,” he said. “It says that, when Delaware creates a licensing system, we intend for it to function. It says that, when we promise opportunity, we mean it. It says that state law cannot be rendered meaningless by a patchwork of local prohibitions. This is about honoring the law we passed. This is about protecting Delaware’s economic interests. This is about moving forward instead of standing still.” The governor, for his part, has said he stands by his veto even as he continues to support marijuana legalization. In January, he said he doesn’t think “the state should require every county and certainly localities to have marijuana stores 500 feet from the local elementary school.” “I think it’s a local decision,” he said. “That’s what I think.” 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 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. Meanwhile, two lawmakers who led the push to legalize marijuana are separately seeking input from consumers and businesses about the market launch. Paradee, the sponsor of SB 75, and House Majority Whip Rep. Ed Osienski (D)—the primary sponsor of the state’s 2023 legalization bills—put out a new online form last year for residents to share thoughts and feedback about the cannabis program anonymously. The idea is to identify any hiccups that lawmakers might need to address when they return for next year’s legislative session. The Office of Cannabis Management (OCM) 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 in April to resolve the issue, and the FBI subsequently issued the code that the stat’s marijuana law requires. — 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. — Meanwhile, Meyer signed a bill in May to allow terminally ill patients to use medical cannabis in hospitals and other healthcare facilities. Separately, a Delaware 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 In 2024, OMC held a series of licensing lotteries for cannabis business to start serving adult consumers. A total of 125 licenses will ultimately be issued, including 30 retailers, 60 cultivators, 30 manufacturers and five testing labs. In 2024, regulators also detailed what portion of each category is reserved for social equity applicants, microbusinesses and general open licenses. Regulators have also been rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis industry. Meanwhile, Carney raised eyebrows last January after making a questionable claim that “nobody” wants cannabis shops in their neighborhoods, even if there’s consensus that criminalization doesn’t work. The post Delaware Lawmakers Override Governor’s Veto Of Marijuana Bill To Limit Restrictive Local Business Zoning Rules appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Bipartisan congressional lawmakers have filed a bill they say is intended to codify into law an executive order President Donald Trump issued to streamline research and access into psychedelic medicine. Reps. Morgan Luttrell (R-TX), Lou Correa (D-CA), Jack Bergman (R-MI) and Michael McCaul (R-TX) introduced the Initiating Biomedical Outcomes to Garner Advancements into Innovative Neuroplastogen Efficacy (IBOGAINE) Act on Tuesday. The legislation would direct the attorney general to “take all necessary steps to determine whether to transfer ibogaine and ibogaine compounds” from schedule I to schedule II of the Controlled Substances Act (CSA) within 60 days. It also says that the attorney general and the health and human services secretary would need to initiate proceedings to reschedule any other Schedule I substances that complete Phase 3 clinical trials. “Last month, President Trump ushered in a new era of treatment options for our veterans with his executive order accelerating medical treatments for serious mental illness. Now we must codify it into law and ensure this progress is not lost,” Luttrell said in a press release. “Psychedelic therapy has helped me and countless other veterans, improving our lives for the better. As we fight to combat our veteran suicide crisis, this breakthrough must be available to the men and women who served our nation.” The new measure would create a definition under federal law for ibogaine, to include “all parts of the plant Tabernanthe iboga” as well as any similar compound or analog that “acts on neuroplasticity, opioid receptors, or serotonergic pathways” that interrupt addiction cycles and restore neurological function disrupted by trauma, chronic substance use or traumatic brain injury. It would further codify a national priority voucher program to support development of psychedelic and other therapies that can treat widespread maladies. “Our veterans put their lives on the line to defend our country, and far too many come home with invisible wounds. They deserve access to every effective resource available to help treat PTSD and support their recovery,” Correa said. “Psychedelic-assisted therapy has shown promising results, but we need more research and funding in order for this treatment to become a reality.” The Democratic congressman added that “President Trump’s support has been a gamechanger for our effort” in support of psychedelics reform. The legislation would additionally clarify that the federal Right to Try law provides exemptions from the CSA for seriously ill patients to access psychedelics and other Schedule I drugs in accordance with new special registration requirements it would create. The Drug Enforcement Administration (DEA) would also have to revise its quotas for the amount of a controlled substance that can be legally produced if it is rescheduled, approved by the Food and Drug Administration (FDA) or designated as a breakthrough therapy. “Our veterans and special operators have willingly put themselves in unimaginable danger to defend our freedoms,” McCaul said. “We have a profound moral obligation to help these heroes heal from their wounds, both seen and unseen. As his executive order made clear, President Trump deeply understands our duty to care for them and the potential of treatments like Ibogaine to provide lasting healing.” The bill also creates a process for federal agencies to partner with states to “advance research on, and development of, psychedelic drugs, including ibogaine, for treating serious mental illnesses” as well as a framework for health agencies and the Department of Veterans Affairs (VA) to “collaborate with the private sector to increase clinical trial participation, data sharing, and real-world evidence generation regarding psychedelic drugs.” “President Trump’s Executive Order sent a strong and long-overdue message to the federal bureaucracy: the days of slow-walking progress are over,” Bergman said. “Agencies now have clear direction from the top to move forward and deliver for our veterans and families who have been waiting far too long.” “However, executive action alone is not enough. An Executive Order cannot rewrite federal law, and it can be reversed by a future administration,” he said. “That’s why I’m proud to support this legislation that codifies these directives into law and ensures lasting change. Congress must continue to act to streamline FDA approvals, address outdated restrictions, and guarantee the VA fully implements these policies so Veterans have access to the treatment options they deserve as soon as they become available.” Luttrell and some of the cosponsors of the new bill are also behind a proposed amendment to the National Defense Authorization Act that would extend a psychedelics research effort at the Department of Defense (DOD) for an additional six years. That proposal was cleared this week for floor action by the House Rules Committee. Correa and Bergman—co-chairs of the Congressional Psychedelics Advancing Therapies (PATH) Caucus—both recently spoke about the need to enact into law provisions to protect the intent of the executive action to ensure ongoing support for psychedelics research for military veterans and people with certain mental health conditions even under future presidents. Correa said they are “working jointly to make sure we put this into legislation—to move forward permanently, finding a solution for PTSD, every day in America,” adding that he the novel therapy “will revolutionize the way we treat mental health in America” and potentially “lead to helping us with” addressing homelessness. Bergman, for his part, said that “when you got the top cover of the executive order and the executive order will only last, you know, as long as President Trump is in office and then the next president, we don’t know, could they rescind it?” “That’s why the time is now to get the ball rolling—to see some breakthroughs,” he said. “It’s not the time to sit around and, ‘Well, no, we can just delay a little longer. We won’t have to deal with this.’ If you’re that person, we’re coming after you. OK, you need to be doing something else for a living.” Correa and Bergman have been consistently advocating for continued support for psychedelics reform in the weeks since Trump signed the executive order. The two lawmakers also sponsored an amendment to a Department of Veterans Affairs (VA) funding bill on the House floor that sought to raise awareness about the benefits of psychedelic and other therapies for military veterans. They additionally led a bipartisan coalition of 32 members of Congress in sending a letter urging federal health officials to expedite ongoing reviews of psychedelic therapies. Meanwhile, Sen. John Fetterman (D-PA) also recently gave some across-the-aisle credit to Trump for his administration’s moves to accelerate therapeutic access to psychedelics and also federally reschedule marijuana. Shortly after Trump signed the executive order, FDA and the Department of Health and Human Services (HHS) announced steps that they say will help with “accelerating” therapeutic access to psychedelics for patients dealing with serious mental health conditions. — 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. — Health and Human Services Secretary Robert F. Kennedy Jr. said recently that the Trump administration is “very anxious” to create a pathway for access to psychedelics therapy and that top officials across federal agencies want to “get it out to the public as quickly as possible.” In an interview on the Joe Rogan Experience in February, Kennedy said he’s confident “we’re going to get it done,” with plans to develop and finalize rules that would enable patients with conditions such as post-traumatic stress disorder (PTSD) and depression to access psychedelic substances like psilocybin and MDMA in a “very controlled setting.” “Everybody in my agency…is very anxious to get a rule out there that will allow these kind of studies and will allow access under therapeutic settings, particularly [for] the military soldiers who have suffered these injuries to get access to these products,” the HHS secretary said. “We’re working through that process now. We’re all working on it and trying to make it happen.” “I think that we’re going to get it done,” he said. Last June, Kennedy said his agency is “absolutely committed” to expanding research on the benefits of psychedelic therapy and, alongside of the head of FDA, is aiming to provide legal access to such substances for military veterans “within 12 months.” Veterans Affairs Secretary Doug Collins also disclosed in April that he had an “eye-opening” talk with Kennedy about the therapeutic potential of psychedelic medicine. And he said he’s open to the idea of having the government provide vouchers to cover the costs of psychedelic therapy for veterans who receive services outside of VA as Congress considers pathways for access. Bipartisan congressional lawmakers introduced legislation this session to provide $30 million in funding annually to establish psychedelic-focused “centers for excellence” at U.S. Department of Veterans Affairs (VA) facilities, where veterans could receive novel treatment involving substances like psilocybin, MDMA and ibogaine. A U.S. Senate committee held a hearing last month on a bipartisan bill to promote research into the therapeutic potential psychedelics by creating a new office at VA that would advance the development innovative treatments for serious mental health conditions and assist in reviewing the scheduling status of drugs like psilocybin, ibogaine and MDMA. Former U.S. House Speaker Newt Gingrich (R-GA) has said ibogaine represents an “astonishing breakthrough” in the nation’s current “sick care system” that’s left people with serious mental health conditions without access to promising alternative treatment options. Photo courtesy of Scamperdale. The post Bipartisan Congressional Bill Would Codify Trump’s Psychedelics Order Into Law appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Two medical marijuana companies are taking steps in federal court to intervene in ongoing lawsuits challenging the Trump administration’s ongoing cannabis rescheduling process by joining the side of the government and opposing the litigation from prohibitionists. The new motion—filed on Monday by attorneys for MedPharm Iowa, LLC, which does business as Bud & Mary’s, and Tri-Mountain Pure, LLC—says the businesses “would be directly harmed” if cannabis reform opponents’ challenges are successful. 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, the motion says. The filing claims that the businesses would suffer at least five different kinds of harm if the litigation ends up blocking rescheduling. First, they said that due to marijuana being partially moved to Schedule III of the Controlled Substances Act (CSA), they are no longer subject to the tax penalty known as 280E that disallows companies that deal in Schedule I and II substances from writing off business expenses. If rescheduling is reversed, they would incur “direct economic harm,” the motion says. Second, they argue, they would lose the benefit of their pending registrations with DEA “and the business planning they have undertaken in reliance on the final order.” “The companies would be forced to postpone or abandon planned initiatives, absorb sunk compliance costs, and continue operating under the significant legal and commercial burdens associated with schedule I status,” the motion from attorney Shane Pennington of Blank Rome LLP says. Third, reverting cannabis to Schedule I status would impose research-related burdens that directly affect” the companies’ businesses and patients. “The classification restricts clinical research, physician collaboration, university partnerships, product development, collection of medical efficacy data, patient access to insurance reimbursement, and participation in state and federal grant programs,” the filing says. “Those restrictions impair innovation and prevent the development of new therapies for the Iowa and Pennsylvania patients Intervenors serve.” Fourth, a reversal of the federal reform would hurt the companies’ commercial relationships. “Although banking access has improved in some respects, marijuana’s schedule I status has made many financial institutions, insurers, payment processors, lenders, secure-cash transporters, investors, and commercial vendors unwilling to work with state-licensed marijuana companies, including Intervenors, or willing to do so only at substantially increased cost,” the motion says. “Schedule I status also limits access to national vendors that provide laboratory equipment, pharmaceutical manufacturing systems, software, logistics services, financing, and other business-critical goods and services.” Fifth, putting cannabis back in Schedule I would “impair” the businesses’ “ability to recruit and retain specialized personnel.” “Highly qualified scientists, pharmacists, physicians, executives, and other professionals are often reluctant to work for a schedule I marijuana business because of perceived federal legal risks and professional-licensing concerns,” the filing says. “That limits Intervenors’ ability to attract the talent necessary to expand and improve their patient-focused medical marijuana operations.” 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. The new motion to intervene says the federal government, which is currently the only party involved in defending rescheduling in the litigation, cannot “adequately” represent the companies’ interests in the dispute. “Although Intervenors seek to intervene in support of DOJ, as a government agency, DOJ will necessarily focus its defenses on its own institutional interests and duties. DOJ therefore cannot adequately represent Intervenors’ private commercial interests,” it says. “Unlike DOJ, Intervenors have 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.” The filing argues that Bud & Mary’s and Tri-Mountain Pure “are not merely bystanders to this litigation.” “They are state-licensed medical-marijuana operators that have invested substantial resources in reliance on DOJ’s final order, have applied for DEA registration in the wake of that final order, and will suffer direct economic, regulatory, and operational harm if petitioners succeed in vacating or delaying the final order,” it says. “Intervenors therefore have a concrete interest in intervening to defend DOJ’s final order.” The development in the litigation comes as DEA this week began an administrative hearing on the marijuana rescheduling proposal in which government witnesses and lawyers are highlighting the medical uses and relative safety of cannabis while opponents are challenging 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 ongoing 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 motion to join the marijuana rescheduling lawsuit below: The post Marijuana Companies Seek To Defend Trump’s Rescheduling Move By Intervening In Opponents’ Lawsuits appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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A new Georgia law focused on expanding access to medical marijuana has taken effect. SB 220, which Gov. Brian Kemp (R) signed last month, went into force on Wednesday. It adds new qualifying conditions for the program, allow patients to vaporize medical cannabis and change THC potency limits, among other reforms. Under the legislation, patients with lupus are allowed to legally access medical marijuana, building on the state’s prior law that allowed certain people with cancer, Parkinson’s disease, multiple sclerosis, Alzheimer’s disease, ALS, autism spectrum disorder, intractable pain and other conditions to qualify. The policy, which was sponsored in the legislature by Sen. Matt Brass (R), also removes the requirement for many conditions that the patient’s status be severe or end-stage to be allowed to enter the medical cannabis program. The reform also expands how patients can use medical marijuana. Previously they were able to access oils, tinctures, capsules, lozenges, topicals and transdermal patches—but now vaping is allowed as delivery method for people over 21 years of age, though smoking continues to be prohibited for all patients. The Putting Georgia’s Patients First Act additionally replaces the current 5 percent THC potency cap for medical cannabis products with a limit of 12,000 milligrams of THC that a patient can possess at any one time. “These changes, while meaningful to the affected patients, do not materially alter where Georgia sits in the national landscape on this issue,” Kemp said in a signing statement last month. “This bill passed with a constitutional majority in both chambers of the General Assembly.” “I, like many of those who expressed opposition to this bill, have reservations about the legalization of recreational cannabis. Many states that have legalized recreational cannabis have come to regret that decision,” he said. “I also recognize that for some patients, medical cannabis provides significant relief to symptoms that would otherwise go untreated or would be treated with even more harmful opioids.” “I do not believe that a well-implemented medical cannabis program must inevitably lead to the legalization of recreational use in Georgia, nor is the question of recreational use anywhere in the bill on my desk for signature,” the governor said. The new law also replaces references to “low THC oil” in current law with “medical cannabis.” — 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. — The Georgia Access to Medical Cannabis Commission, which oversees the program, also now has a new duty of conducting public awareness activities about “effective uses of medical cannabis and products, including, but not limited to, publishing materials and conducting outreach and public education activities to inform members of the public, law enforcement, and healthcare providers about the medical cannabis program in this state and the potential benefits that medical cannabis and products may have to eligible patients.” Last year, House leaders created a Blue-Ribbon Study Committee on Georgia’s Medical Marijuana and Hemp Policies to examine the state’s cannabis laws. Lawmakers in Georgia have also considered legislation to support research on the therapeutic benefits of psychedelics. The post Georgia Medical Marijuana Expansion Law Takes Effect, Allowing Vaping And Adding New Qualifying Conditions appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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