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  2. Ahead of a decision by Ohio officials on whether to add female orgasmic disorder (FOD) as a qualifying condition for the state’s medical marijuana program, a new study highlights the benefits that researchers say cannabis could offer people with the condition—including increased orgasm ease and satisfaction. The 10-page study, published in the journal Sexual Medicine, draws on a 2022 survey of “sexually active women who used cannabis.” Among those who experienced challenges in achieving orgasm, more than 7 in 10 said cannabis use increased orgasm ease (71 percent) and frequency (72.9 percent), and two-thirds (67 percent) said it improved orgasm satisfaction. “The results corroborate 50 years of anecdotal and learned speculation about cannabis helping women with FOD,” the paper says. “The research found that cannabis use increased orgasm frequency, eased orgasm difficulty, and improved orgasm satisfaction. At the same time, the results opened new areas of discussion.” For example, results of the survey found that women with one or more mental health diagnoses who used cannabis before partnered sex had “a more positive orgasm response regardless of whether they have FOD,” which authors noted was “consistent with research finding that women with FOD experience high rates of mental health diagnoses, prescription drug use, or PTSD.” “Cannabis-related treatment appears to provide benefit to women who have female orgasm difficulties or dysfunction.” Anxiety was one area of significant overlap with FOD. “Women with anxiety disorders represented 44% (172/387) of women in this study,” the research found. “They were 3.5 times more likely to have FOD than nonanxious women.” Another new finding was that using marijuana resulted in more orgasms for women who were survivors of sexual abuse. “Sexual abuse survivors’ number 1 sexual complaint is orgasm difficulty,” the report says, “coupled with high rates of PTSD. This study revealed that 33% more women with sexual abuse histories reported FOD than women without FOD.” THC in cannabis could be helping in those situations through by reducing “activity in the hippocampus and amygdala, the parts of the brain that store and react to traumatic memories,” authors wrote. “This activity may play a role in extinguishing traumatic memories and result in a more positive orgasm experience.” A separate report from the same dataset, by the same authors—clinical sexologist Suzanne Mulvehill and Jordan Tishler, a doctor at the Association of Cannabinoid Specialists and the company inhaleMD—was published in March by the Journal of Sexual Medicine in a shorter, two-page form. Mulvehill told Marijuana Moment the full study, including methodology and other details, will be coming out in the journal Sexual Medicine Online in the coming months. “Cannabis may be a treatment for women with difficulty achieving orgasm during partnered sex.” The latest publication comes ahead of a board meeting on Wednesday of Ohio’s State Medical Board, where a medical marijuana committee has been considering adding FOD as a qualifying condition for the state’s medical cannabis program. Following a meeting of that committee, the full board may vote on the proposal, Mulvehill told Marijuana Moment in an email. Mulvehill has been one of the leaders behind state-level efforts to recognize female orgasmic disorder as a qualifying condition for medical marijuana and submitted the Ohio petition last year that led to the forthcoming vote. The state medical board announced in February that FOD, along with autism spectrum disorder, would move forward for expert review and public comment following submission of the petitions. As for how marijuana might benefit people with FOD, the new Sexual Medicine report points to a few possible theories. Among them is dishabitation theory, the idea that cannabis “lessens the routine of habits, such as cognitive distraction, a known FOD cause.” Neuroplasticity theory, meanwhile, “proposes that some women learn to orgasm while using cannabis, as seen in comments in this study and anecdotally.” “Cannabis and endocannabinoids, the cannabinoids created by the human body, are increasingly recognized for their roles in neural development processes, including brain cell growth and neuroplasticity,” the study says. “The frequency of cannabis use before partnered sex correlated with increased orgasm frequency for women who experienced difficulties achieving orgasm.” The research found that cannabis use did not help all women orgasm. “Among survey respondents,” it says, “4% reported never having an orgasm, even though they used cannabis before partnered sex.” Because of the survey methodology, the report says findings “may not be generalizable to women who rarely use or do not use cannabis before sex, women who have never had an orgasm, or women who do not have female genitalia.” Further, the study didn’t not the type or amount of cannabis used. Amid the growing evidence, Ohio is one of at least four states that have considered adding FOD as a qualifying condition this year, along with Illinois, New Mexico and Connecticut. In March, officials in Illinois voted in favor of the addition. In order to be formally enacted, the state Medical Cannabis Advisory Board’s new recommendation will need to be approved by the state Department of Health. New Mexico regulators are expected to hold a hearing on the issue this month, and Connecticut is planning to review a similar proposal, though a meeting date has not yet been set. There’s growing evidence that marijuana can improve sexual function, regardless of sex or gender. A study last year in the Journal of Cannabis Research found that more than 70 percent of surveyed adults said cannabis before sex increased desire and improved orgasms, while 62.5 percent said cannabis enhanced pleasure while masturbating. Because past findings indicated women who have sex with men are typically less likely to orgasm than their partners, authors of that study said cannabis “can potentially close the orgasm in equality gap.” A 2020 study in the journal Sexual Medicine, meanwhile, found that women who used cannabis more often had better sex. Numerous online surveys have also reported positive associations between marijuana and sex. One study even found a connection between the passage of marijuana laws and increased sexual activity. Yet another study, however, cautions that more marijuana doesn’t necessarily mean better sex. A literature review published in 2019 found that cannabis’s impact on libido may depend on dosage, with lower amounts of THC correlating with the highest levels of arousal and satisfaction. Most studies showed that marijuana has a positive effect on women’s sexual function, the study found, but too much THC can actually backfire. “Several studies have evaluated the effects of marijuana on libido, and it seems that changes in desire may be dose dependent,” the review’s authors wrote. “Studies support that lower doses improve desire but higher doses either lower desire or do not affect desire at all.” Part of what cannabis appears to do to improve orgasms is interact with and disrupt the brain’s default mode network, Tishler, Mulvehill’s co-author, told Marijuana Moment in an interview earlier this year. “For many of these women, who cannot or do not have an orgasm, there’s some complex interplay between the frontal lobe—which is kind of the ‘should have, would have, could have [part of the brain]’—and then the limbic system, which is the ’emotional, fear, bad memories, anger,’ those sorts of things,” he said. “That’s all moderated through the default mode network.” Modulating the default mode network is also central to many psychedelic-assisted therapies. And some research has indicated that those substances, too, may improve sexual pleasure and function. A paper earlier this year in the journal Nature Scientific Reports, which purported to be the first scientific study to formally explore the effects of psychedelics on sexual functioning, found that drugs such as psilocybin mushrooms and LSD could have beneficial effects on sexual functioning even months after use. “On the surface, this type of research may seem ‘quirky,’” one of the authors of that study said, “but the psychological aspects of sexual function—including how we think about our own bodies, our attraction to our partners, and our ability to connect to people intimately—are all important to psychological wellbeing in sexually active adults.” Feds Announce Plan To Fund Research On Using Psychedelics To Treat Chronic Pain In Older Adults The post Cannabis Can Help Treat Female Orgasmic Disorder, Study Finds As Ohio Officials Consider Adding It As Qualifying Condition appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  3. South Dakota activists have officially turned in what they believe will be more than enough valid signatures to put a marijuana legalization initiative on the state’s ballot for the third time this November. South Dakotans for Better Marijuana Laws (SDBML) delivered 29,030 signatures to the secretary of state’s office on Tuesday’s turn-in deadline. They need 17,508 of those to be verified in order to make the ballot. For months it’s been unclear if the grassroots efforts would be able reach the signature threshold for ballot placement, as national industry and philanthropic financial support has been negligible this cycle. But the campaign pushed forward, and now they’ll wait for final confirmation from the state. “Today is the culmination of seven months of hard work by advocates and volunteers across South Dakota,” Matthew Schweich, executive director of SDBML, said in a press release. “We are very confident that we have collected enough signatures from registered voters to qualify for this November’s ballot.” Voters did approve a legalization initiative in 2020, but it later was invalidated by the state Supreme Court over single-subject concerns. The campaign’s second initiative in 2022 was rejected by voters. A separate medical cannabis initiative that was also approved by voters in 2020 was not challenged and remains state law. “Things all seem to be moving in the right direction for South Dakota to finally win the freedom they voted for a few years ago,” Deb Peters, president of the Cannabis Industry Association of South Dakota, said. “At the federal level, things are moving towards a responsible rescheduling and dozens of states are seeing the tax benefits of recreational cannabis legalization. It’s inspiring to see this industry come together and work so hard. We’re looking forward to Election Day.” Today we submitted 29,030 signatures to the Sec. of State to qualify our legalization initiative for the 2024 ballot! Thank you to everyone who signed & volunteered! We are very confident we collected enough signatures & we should get the official word in the next several weeks. pic.twitter.com/vCVEtAp3qM — South Dakotans for Better Marijuana Laws (@southdakotamj) May 7, 2024 In December, the secretary of state’s office approved a circulator handout submitted by SDBML, a requirement that has allowed the campaign to deploy paid canvassers to gather signatures along with its grassroots network of volunteers who have been distributing petitions. The campaign material simply features the state attorney general’s title and explanation of the ballot measure, which was finalized in August. The initiative would allow adults 21 and older to purchase and possess up to two ounces of cannabis. They could also grow up to six plants per person for personal use, which is up from three plants in the last version. There’s also a 12-plant maximum per shared living household—double the prior six-plant limit. If activists do secure ballot placement this year, they will still need to win over voters who rejected legalization in the last election. Ahead of that election, a poll found that 51 percent of South Dakotans planned to vote against the legalization measure, while 40 percent said they’d be supporting it and 10 percent remained undecided. That was the third poll in a row showing the legalization measure behind. Meanwhile, a separate proposed 2024 legalization ballot measure, sponsored by Rapid City resident Emmett Reistroffer, also received its final ballot explanation from the state attorney general. That initiative would legalize adult-use possession and cultivation of cannabis, while allowing medical marijuana dispensaries to serve adult consumers. That said, the chief backer of the proposal said he had no plans to collect signatures or campaign for the change. Separately, opponents of legalization filed two other proposed ballot measures to tighten drug laws in the state. One would repeal the state’s medical marijuana law, while the other would keep federally banned substances from ever being legalized by voters. The state attorney general finalized the ballot explanation for the medical marijuana repeal measure last August. But SDBML has said the initiative should be thrown out due to an alleged error in how the proposal was filed, failing to include a full list of the state statutes it would seek to undo. After voters approved medical cannabis legalization in 2020, the governor tried to get the legislature to approve a bill to delay implementation for an additional year. But while it cleared the House, negotiators were unable to reach an agreement with the Senate in conference, dealing a defeat to the governor. In response, Noem’s office started exploring a compromise, with one proposal that came out of her administration to decriminalize possession of up to one ounce of cannabis, limit the number of plants that patients could cultivate to three and prohibit people under 21 from qualifying for medical marijuana. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — In the 2022 legislative session, the House rejected a legalization bill that the Senate had passed, effectively leaving it up to activists to get on the ballot again. A Marijuana Interim Study Committee, headed by legislative leaders, was established to explore cannabis policy reform, and the panel in November 2021 recommended that the legislature take up legalization. The House-defeated legislation was one of the direct products of that recommendation. The governor separately signed a bill into law in February that will require patients to check off a box on medical marijuana card applications affirming that they’re aware that federal law prohibits cannabis consumers from buying and possessing firearms. Currently more than 11,500 people in South Dakota hold medical marijuana cards—nearly double the 6,000 cardholders that state officials expected to enroll in the program by 2024. Democratic Congressman Lays Out New Marijuana Agenda To Reflect Renewed ‘Optimism’ Amid Rescheduling Move Photo courtesy of Brian Shamblen. The post South Dakota Marijuana Activists Turn In Signatures To Put Legalization On The November Ballot appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  4. “I never expected that all of the cannabis that they would grow would stay on reservation lands, that they would only be sold on reservation lands.” By Peter Callaghan, MinnPost Ongoing negotiations between Gov. Tim Walz (D) and a group of Minnesota tribal nations could make the tribes major players in the state’s recreational cannabis industry, both on and off reservation land, including in urban areas. Walz was directed by last year’s House File 100 to negotiate “in good faith” with any tribes interested in entering the cannabis business, both medical and recreational. While the law acknowledges that sovereign tribes can act on their own land without agreement with the state—and three tribes have either opened or announced plans to open cannabis dispensaries on reservation—the law stated that a compact could “proactively address jurisdictional issues related to the regulation of the cannabis industry.” Walz administration officials say talks are progressing and include discussions of off-reservation cannabis businesses owned by tribes, as well as business interactions between tribal entities and state-licensed businesses. The negotiations involve 10 tribes, though not all are expected to get into cannabis cultivation and sales, said the officials who agreed to speak to MinnPost on condition that their names not be used because negotiations are ongoing. The one tribe not taking part is the Upper Sioux Community. Messages left for officials representing several of the other tribes involved in the negotiations were not returned in time to be included. The state is represented by staff from the Office of the Attorney General, the Office of Cannabis Management (OCM), the governor’s office and outside legal counsel Mark Levitan, hired to help with the negotiations. The state has not engaged in negotiations for new compacts with tribes for decades and wanted outside legal expertise on cannabis law and tribal relations, which Levitan has, the officials said. “These are friendly parties with the goal of getting to yes and making sure the state’s needs and the tribes’ needs are both met by what the statute allows,” one administration official said Monday. An agreement is not expected before the end of the legislative session in two weeks, with the administration officials saying they are aiming toward being ready in time for the launch of the new market. “I don’t think we’re behind. I think we’re being deliberate,” the administration official said. The extent of tribal cannabis operations in the fledgling cannabis industry is the subject of speculation among lawmakers and lobbyists crafting revisions to last year’s sweeping House File 100 that made Minnesota the 23rd state to legalize cannabis for recreational purposes. That is, how would details of any compact change how lawmakers and state regulators scale and stage the market? “I’m a little surprised at how slow it’s going,” said Rep. Zack Stephenson, the Coon Rapids DFLer who has been the lead House member on the issue. And his counterpart in the Senate, Burnsville DFL Sen. Lindsey Port, said she hopes negotiations will be completed soon. Both said they expect tribes—at least the handful that want to get into the legal cannabis business—to be significant players in the new industry. So far, that has meant cultivating cannabis and selling it from on-reservation dispensaries. But both lawmakers said they expect that could expand to include wholesale sales to non-tribal dispensaries, purchase of products by tribal entities as well as creating retail dispensaries on land that is outside what is considered tribally regulated land, which usually means reservations and trust land approved for tribal use by the federal government. Stephenson said he always expected tribes would be “big actors” in the state cannabis marketplace, including off-reservation wholesale and retail sales. “I never expected that all of the cannabis that they would grow would stay on reservation lands, that they would only be sold on reservation lands,” Stephenson said. As to having tribes be able to wholesale cannabis to state-licensed dispensaries, Port added: “I hope so, but I can’t speak to the details being worked out between the governor and the sovereign nations.” She said that while she supports off-reservation retailing by tribes, the details of that are needed soon. “As far as retail locations off of tribal lands…those will be taken into consideration of the numbers of licenses that will be granted,” Port said. “If a number of licenses are granted through compacting, in that case I would assume that OCM will remove that number from the amount that they will grant in total.” Port said she considers the 11 tribal nations to be what are known in the new law as “social equity” participants, a term that covers people and neighborhoods that suffered from unequal enforcement of cannabis prohibition over the decades. The law gives social equity applicants—including those historically or currently involved in the illicit cannabis market—some preference for entering the new market. “My hope is that those compact conversations will be able to wrap up as soon as possible because the tribes, as sovereign nations, have a unique opportunity in the state of Minnesota,” Port said. “Ensuring that we get that compacting done promptly is, in my mind, critical to ensuring that they also have the ‘early mover advantage’ that we have discussed throughout the process of social equity applicants having.” How big a player might tribes be? Stephenson said just three or four tribes have expressed interest. “They’ve gotta bring resources to the table. They’ve gotta do all sorts of other stuff to work,” Stephenson said. “If you look at what Red Lake and White Earth [tribal nations] have done so far in terms of their cultivation, it is not gigantic. Neither of them are as big as either of the two medical companies, for example.” The administrative officials said that OCM staff are involved in the talks and are aware of what impact the compact results would have on the rest of the market. “OCM is deeply involved in all of these discussions since they would be the regulatory agency here,” one of the Walz administration officials said. “They’re tracking everything we talk about and how we are thinking about this as we progress.” The administration believes there will be enough demand for cannabis products that tribal involvement will not take away from non-tribal players. “The tribes are well aware of competition and they want to be a good partner,” another administration official said. “We think there will be enough availability for everyone who wants to be engaged in the market.” On its webpage, OCM describes how the state cannabis law treats tribal nations as “among the strongest in the nation to honor and recognize tribal sovereignty and the authority of Tribal Nations to make decisions about cannabis sales on tribal land.” Under “Tribal Partnerships,” it references the compacting requirement in the law. Tribes with smaller reservations might not be interested in cultivating or perhaps would favor indoor grow operations and not outdoor farms. Others might prefer to purchase cannabis from other growers. There were proposals made earlier in session regarding tribal roles in the market. Rep. Jessica Hanson (DFL-Burnsville) introduced HF 4195 to set up a pilot project to allow the state’s two medical cannabis providers to sell to tribal governments and tribal cannabis businesses. Hanson said the measure did not get enough support. Another proposal, circulated but not introduced, would have let social equity cultivators begin growing sooner than others and be allowed to sell to tribes. Port and Stephenson are already meeting to work out differences between bills passed by the House and Senate. Both, however, agree on the basics of the law—that the state Office of Cannabis Management must provide a way for cultivation of cannabis to begin in the second half of this year and that changes in how licenses are distributed should be made. The latter means that what OCM calls a “vetted lottery” likely will replace a points-driven system based on preparations taken by applicants and whether they qualify as social equity applicants. Walz said last week that he is aware of moves to get plants in the ground sooner than current law envisions. HF 100 requires that all rules be final before any licenses can be issued by OCM, something it forecasts to be March of 2025. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — “We certainly hear people on this,” the governor said last week. “I think there’s some potential there and as of yesterday it sounded pretty optimistic. Maybe we can move something. But as I’ve said, anytime we can start cultivating will be early cultivation since we’ve never had it. I understand the sense of urgency but the arbitrary decision of when it had to be, we’re trying the best we can but we’re not going to cut corners.” As with other compacts, such as the tribal gambling agreements negotiated in 1989 under the federal Indian Gaming Regulatory Act, the governor has the authority to reach agreement without legislative scrutiny. House File 100 included direction for the governor to conduct compact talks if any tribes request them. “The legislature finds that these agreements will facilitate and promote a cooperative and mutually beneficial relationship between the state and the Tribes regarding the legalization of cannabis,” the law states. “Such cooperative agreements will enhance public health and safety, ensure a lawful and well-regulated cannabis market, encourage economic development, and provide fiscal benefits to both Indian Tribes and the state.” The law states that the governor cannot require any revenue sharing or right to tax tribally licensed cannabis sales, cannot require state licensing or oversight and cannot require tribes to permit state laws to be enforced on tribally regulated land. It also, at some length, assured that business interactions between tribal entities and state-regulated businesses—as well as interactions between non-tribal customers and tribal businesses—would be legal. Walz acknowledged in February that some tribes had requested compact negotiations, including sales on tribal trust land—off reservation property. “So that still is a gray area,” Walz said. Because of its geographic isolation, the Red Lake tribe has asked about being able to sell off reservation. “So they’re gonna press the limit as far as they can. And they’re the one who brought that up,” he said. “‘We have Red Lake citizens in Minneapolis. Why can’t we set up there?’ So they have raised the issue.” But the administration officials said the use of tribal trust lands is not a significant part of the talks because those lands are limited in usefulness. Instead, the negotiations have surrounded tribal operations on non-tribal land. This story was first published by MinnPost. Minnesota House Passes Bill Changing Marijuana Social Equity And Licensing Rules Photo courtesy of Chris Wallis // Side Pocket Images. The post Closed-Door Negotiations With Minnesota Governor Could Make Tribal Nations Major Players In State’s Marijuana Market appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  5. With the federal government moving to reschedule marijuana, a Democratic congressman has issued a new memo on cannabis reform priorities to reflect renewed “optimism for the path ahead”—laying out suggestions to advance the issue both in Congress and administratively. Rep. Earl Blumenauer (D-OR), founding co-chair of the Congressional Cannabis Caucus, issued the memo on Tuesday—about a week after the Justice Department confirmed that it proposed reclassifying marijuana under the Controlled Substances Act (CSA). “Schedule III is not quite what we wanted—marijuana shouldn’t be scheduled at all—but it is nonetheless a revolutionary step that sends a signal about the imperative of ending the failed war on drugs,” Blumenauer said, adding that cannabis is “a winning issue.” “It is clear the Biden-Harris Administration is listening to the unprecedented public demand for cannabis reform. President Biden has been much more engaged on the issue,” the memo says. “He pardoned thousands of individuals, initiated this long-overdue review of scheduling, and opened a new chapter for reform. The Administration must move through the regulatory process as quickly as possible to reschedule cannabis.” The memo also lays out the key implications of rescheduling, including allowing marijuana businesses to take federal tax deductions and removing cannabis research barriers. The administrative move also represents a critical acknowledgement of the medical value of marijuana, it says. “With the DOJ’s announcement, this updated memo reflects my optimism for the path ahead and details the work that remains,” Blumenauer said, referencing an earlier annual document he issued in January. The congressman’s memo emphasizes that while rescheduling represents a “significant step toward ending the failed war on drugs, there is still significant work ahead for Congress.” To that end, the memo stresses that the “work includes ending the criminalization of marijuana.” As the Congressional Research Service (CRS) said in a report last week, Blumenauer notes that a Schedule III reclassification would not legalize marijuana, and certain cannabis-related activity would continue to be criminalized under the CSA. For the remainder of the congressional session, Blumenauer said that lawmakers should focus on advancing legislation to federally legalize cannabis, free up cannabis industry access to the banking system, prevent Justice Department interference in state markets and allow the U.S. Department of Veterans Affairs (VA) to make medical cannabis recommendations to patients. The memo also makes recommendations for further administrative action, including expanding pardons and commutations for people with federal marijuana convictions, reissuing “improved” guidance on enforcement priorities, updating truck driver THC impairment testing, ending the practice of evicting people from federally subsidized housing over cannabis and more. “Throughout the executive branch, the Biden-Harris Administration should consider the implications of marijuana prohibition and criminalization as they take steps to end discriminatory policies across branches and with every power available to them,” Blumenauer, who is retiring at the end of this Congress, said. “There is no doubt that critical work remains,” he said. “However, we should celebrate this historic step forward, which is possible because of the tireless work my partners and I have put behind these reforms for more than 50 years. I am committed to building on this momentum to end the failed cannabis prohibition once and for all.” Last week, the congressman similarly argued that the rescheduling decision from DEA will “open the floodgates” for additional congressional action such as passage of the bipartisan cannabis banking bill. “It’s going to make it much easier to have other items that are queued up,” the Democratic congressman said. “With this, it’s going to be a matter of time before we get movement in the Senate—dealing with the banking issue, which is long overdue.” “Taking it to Schedule III is, first of all a signal, that people recognize that the current scheduling process is completely wrong, flawed and unfair,” Blumenauer said. “It takes care of a major problem that we’ve faced.” The congressman also reiterated his belief that the Justice Department would soon be reissuing marijuana enforcement discretion guidances that was rescinded under the Trump administration. He and the former DOJ official who authored the original memorandum told Marijuana Moment last week that they expect it will be expanded to account for societal changes around the issue, as well as the rescheduling push. Meanwhile, DEA Administrator Anne Milgram told lawmakers on Tuesday that it would be “inappropriate” for her to comment on the agency’s recent marijuana rescheduling determination because the rulemaking process is “ongoing.” The head of the Internal Revenue Service (IRS) separately said that marijuana industry banking access would make the agency’s job easier, and officials “shouldn’t just sit on our hands” as the federal government moves to reschedule cannabis. Read Blumenauer’s memo on marijuana reform priorities in light of the rescheduling decision below: FDA Expert Committee Will Review MDMA-Assisted Therapy For PTSD Next Month Photo courtesy of Philip Steffan. The post Democratic Congressman Lays Out New Marijuana Agenda To Reflect Renewed ‘Optimism’ Amid Rescheduling Move appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  6. Days after the Alaska House of Representatives approved a bill that would create a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin, a Senate panel has already advanced the measure. The Senate Judiciary Committee, which considered a companion bill to the legislation in February, passed the bill, HB 228, without objection at a hearing on Monday. The action came after a brief discussion of how the House-passed legislation compares to the earlier Senate companion bill and a lone public comment from a member of the state’s Marijuana Control Board. If it becomes law, the bill, from Rep. Jennie Armstrong (D), would not change the legal status of any drugs in Alaska. Rather, it would create a legislative task force that would spend the rest of the year studying how to license and regulate psychedelic therapy in the state. A report from the group with recommendations would be due on or before January 31, 2025. The Senate companion, SB 166, already passed out of one committee in that chamber. It had another hearing in February before the Judiciary Committee, which did not take action on the legislation. Both MDMA and psilocybin have been granted breakthrough therapy status by the Food and Drug Administration (FDA), and recent clinical trials have MDMA on pace for possible FDA approval later this year. Supporters of the bill say it would allow the state to begin considering how to respond in the event of that action. At Monday’s hearing, a member of Armstrong’s staff—the representative herself was on the floor—briefly explained the changes between the earlier legislation and HB 228 as recently approved by the House. First, the name of the body in the current bill would be the Alaska Task Force for the Regulation of Psychedelic Medicines Approved by the United States Food and Drug Administration (FDA)—a reflection of the emphasis that the task force’s recommendations would be contingent on federal approval of psychedelics. A number of other changes have been made around the membership of the task force, which would be chaired by two members of the state legislature. Among them, the amendments added a pharmacist to the group, removed a University of Alaska faculty member and clarified that certain task force members, such as the Alaska State Medical Association, specifically select physicians as representatives. The latest version also extends the task force’s due date for its report to the legislature to January 31, 2025 instead of December 31 of this year, as the bill previously specified. It also sunsets the task force at the end—rather than at the beginning—of the next legislative session. Other changes allow legislators on the task force to send designees if they cannot attend a meeting, and it clarifies that task force meetings could be held virtually. Yet another difference is the addition of language clarifying that the task force would consider the use of psychedelics with regard to the state’s mental health crisis, to treat chronic and terminal illnesses and in end-of-life care. Bailey Stuart, an adjunct professor at the University of Alaska who also serves on the state’s Marijuana Control Board and the board of a nonprofit that works with veterans and disabled active-duty service members, said during public comment on the bill at Monday’s hearing that she believes “it’s in the best interest of the state of Alaska, and for our veterans, to begin holding these discussions” through the state task force. “The future of medicine, particularly in the mental health sector, is going in the direction of assisted psychedelic therapy,” Stuart, who also commented on the companion bill in February, told committee members. “I do believe this bill outlines the appropriate members to be part of the task force and could be vital to addressing the mental health crisis that the state of Alaska and our veterans are experiencing.” A fiscal note from the Department of Commerce, Community and Economic Development says the state would incur no cost from the change. Armstrong told House colleagues before last week’s floor vote that “whether you are excited about the idea of psychedelics getting approved, you’re neutral or you’re flat-out against it, I think we can all agree that if it is coming. We should be prepared and be thoughtful in how we approach it.” “This August, it is widely anticipated that FDA will approve the most significant medicine for the treatment of mental health in decades,” she said, adding that approval of psilocybin could happen in the “next one or two years.” The House passed the bill on a 36–4 vote during a floor session last Thursday’s. Most members who spoke on the proposal said they were open to the task force as a meaningful step toward addressing the state’s mental health crisis. As Armstrong noted, Alaska has “the highest number of veterans per capita and, unfortunately, some of the highest rates of violence in our country.” “I’m in support of this bill because I’ve been affected by it directly,” said Rep. Laddie Shaw (R). “As the former director for state Veterans Affairs, I’ve had veterans come to me regarding this bill, and they have said, ‘We’ve done nothing for the past 50 years. Let’s do something.’” “This task force gives us an opportunity to move forward with some productivity on behalf of our veterans,” he added. “We haven’t done anything for the last 50 years. Let’s move forward with something.” Sponsors filed the legislation in both chambers in January. Alaskans generally support reforms to policies around psychedelics, especially with regard to mental health. Just under half (49.4 percent) of those surveyed in a recent poll said they favor broadly removing criminal penalties around substances such as psilocybin mushrooms. When respondents were told that Alaska has particularly high rates of mental illnesses that could potentially be treated with psychedelics, however, support for the reform rose to 65 percent. “It’s inspiring to see such a positive shift in how people view the use of these plant medicines,” said the Alaska Entheogenic Awareness Council (AKEAC), an advocacy group that published the new poll. “More people are recognizing the value of these substances in addressing certain mental health conditions.” Lawmakers in a growing number of states have considered psychedelics legislation this session, with many focusing on psilocybin reform and increased research. In Vermont, for example, a House committee last week advanced a bill that would create a psychedelic-assisted therapy working group to make recommendations as to whether and how the state should regulate legal access to substances like psilocybin and MDMA. In Maryland, the Senate and House of Delegates have both passed legislation to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT, sending the proposal to Gov Wes Moore (D). It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. Indiana’s governor recently signed a bill that includes provisions to fund clinical research trials into psilocybin. Utah’s governor, meanwhile, allowed a bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option to become law without his signature. Maine lawmakers sent the governor legislation to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. A Connecticut joint legislative panel approved a bill to decriminalize possession of psilocybin. A bipartisan bill to legalize psychedelic service centers in California has cleared two Senate committees. The governor of New Mexico has endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. Alaska lawmakers are considering legislation to create a task for to study how to regulate access to psychedelics following federal approval. An Illinois committee also recently held a hearing to discuss a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii also considered a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts also recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Separately, an initiative that would legalize psychedelics may appear on the November ballot if lawmakers decline to independently enact it first. Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. At the start of this year, the U.S. Department of Veterans Affairs (VA) separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. In October, the agency also launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. That came months after the agency issued historic draft guidance on psychedelics studies, providing scientists with a framework to carry out research that could lead to the development of novel medicines. Meanwhile in Congress this week, a House panel approved GOP-led bill that would instruct VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. Congressional Committee Approves GOP-Led Psychedelics Bill Focused On Military Veterans’ Therapeutic Access The post Alaska Senate Panel Takes Up House-Passed Bill To Create Psychedelics Task Force In Anticipation Of Federal Legalization appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  8. The head of the Internal Revenue Service (IRS) says marijuana industry banking access would make the agency’s job easier, and officials “shouldn’t just sit on our hands” as the federal government moves to reschedule cannabis. At a hearing before the House Appropriations Subcommittee on Financial Services and General Government on Tuesday, Chairman Dave Joyce (R-OH) pressed IRS Commissioner Daniel Werfel about cannabis banking and tax compliance issues. The commissioner said the Justice Department’s decision to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) is “recent,” and “what we need to do in a moment like this is understand the implications that this change will have on a whole variety of different elements of this part of the economy.” “What will their status be with respect to financial institutions? Will they remain mostly a cash-based industry or would they move into something other than cash?” Werfel said. “All of these things are important moving pieces for the IRS to determine how this emerging and changing industry is assessed at the right level and paying what they owe.” “We shouldn’t just sit on our hands,” he added. “We should be active and looking at what steps we need to take—and we need to interact with this community and make sure we understand and talk to them.” The IRS commissioner also said that, in his experience, industries are generally “very amenable” to getting clarifications on their tax expectations, and the cannabis industry is no different. “It’s not a good thing if you’re operating in ambiguity. It’s a stressful enough situation to pay your taxes,” he said, committing to working with the congressman “to understand how this change evolves the industry and make sure we set up the right tax structure for them to operate in.” Joyce, who serves as co-chair of the Congressional Cannabis Caucus, also asked if freeing up access to the banking system for marijuana businesses, as would be accomplished under a bipartisan bill he’s sponsoring, would “make life a little bit easier for you.” Werfel responded that “history has demonstrated” that when businesses are effectively integrated with the banking system, that “drives a lot of integrity and quality control,” while reducing “uncertainties and variables” in a way that “often is helpful to the taxpayer” as well as to the federal government. “So, in general, yes” marijuana banking access would make the IRS’s job easier, he said. Finally, Joyce asked the commissioner whether the agency has taken any steps to provide resources to the cannabis industry so they’re better informed about tax compliance and related issues. “Typically what happens when we have an issue like this or an emerging change in an industry—for example, new currencies, new new tax credits…we build a collaboration and engagement,” he said. “Sometimes we can do FAQs. Sometimes we can hold webinars or roundtables. It seems like this is a material change, and that’s going to impact this industry and likely will warrant that we start building that type of stakeholder engagement.” What didn’t get explicitly mentioned at the hearing was the fact that the administration’s proposed rescheduling action would affect one critical IRS policy that’s beleaguered the state-legal marijuana industry: a statute known as 280E that prevents licensed cannabis businesses from taking federal tax deductions. IRS clarified that policy for medical cannabis firms in 2022. If marijuana is moved to Schedule III, that would enable such businesses to start taking those deductions, significantly reducing their effective tax rate. The head of the Drug Enforcement Administration (DEA) that made the rescheduling decision also spoke to a separate Appropriations subcommittee on Tuesday, but she repeatedly declined to comment because the regulatory review process is “ongoing.” With respect to cannabis banking legislation, the Senate Banking Committee approved the Secure and Fair Enforcement Regulation (SAFER) Banking Act last September and it’s currently pending floor action. However, it’s unclear what vehicle leadership will seek to use to advance it, as plans have reportedly fallen apart to attach it to a must-pass Federal Aviation Administration (FAA) reauthorization bill. Meanwhile, IRS issued a recent memo clarifying the rules for reporting large cash payments between marijuana businesses, which the agency says should not automatically be considered “suspicious” just because of the federally prohibited nature of the industry. FDA Expert Committee Will Review MDMA-Assisted Therapy For PTSD Next Month The post Passing Marijuana Banking Bill Would Increase ‘Integrity And Quality Control’ In Financial System, IRS Commissioner Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  9. The Food and Drug Administration (FDA) is taking the next step in its historic review of MDMA-assisted therapy for the treatment of post-traumatic stress disorder (PTSD), scheduling a meeting next month where an expert committee will examine the evidence behind the application. Lykos Therapeutics (formerly MAPS Public Benefit Corporation) announced on Monday that FDA’s Psychopharmacologic Drugs Advisory Committee will meet on June 4 to review the results of its clinical trials for the psychedelic-assisted therapy. Not only will this be the first time in 25 years since FDA has reviewed a new PTSD treatment option, it’s the first time in history that the agency has taken up a new drug application for a psychedelic substance. Amy Emerson, CEO of Lykos Therapeutics, said it is a “significant milestone in the field of psychedelic medicine, resulting from decades of clinical research and advocacy.” “We look forward to the opportunity to discuss the comprehensive data package of investigational MDMA and how, if approved, it may be used as a prescription treatment in combination with psychological intervention in adults with PTSD,” she said. FDA’s expert panel will look at an extensive body of research that includes two randomized, double-blind, placebo-controlled Phase 3 studies that looked at the safety and efficacy of MDMA-assisted therapy. Today, we announced the first FDA Advisory Committee meeting for #PTSD in 25 years will be held on Tuesday June 4 to review our investigational therapy. Read more on this milestone here: https://t.co/v6LNsSB8R6 pic.twitter.com/D2ZCMThjKz — Lykos Therapeutics (@Lykos_PBC) May 6, 2024 The committee review will take place about four months after FDA accepted the MDMA new drug application and granted it a priority status. If the NDA is ultimately approved, the Drug Enforcement Administration (DEA) would then need to reschedule MDMA accordingly. It would become the first psychedelic in history to be approved as a pharmaceutical, to be administered in tandem with talk therapy and other supportive services. FDA in 2017 designated MDMA as a “breakthrough therapy” based on previous MAPS-sponsored trials. In total, the organization says findings from 18 of its Phase 2 and Phase 3 trials formed the basis of the NDA submitted to FDA. Last year, FDA released first-of-its-kind draft guidance on the “unique” considerations that researchers should take into account when studying psychedelics, which the agency says show “initial promise” as potential therapies. Shortly after the MDMA capsule NDA was submitted to FDA, new standards from the American Medical Association (AMA) took effect in January that assign psychedelics-specific codes to collect data on the novel therapies. Meanwhile, a separate study by researchers at New York University’s Langone Center for Psychedelic Medicine and the Centre for Psychedelic Research at Imperial College London recently found that pairing MDMA with either psilocybin or LSD helped people overcome the “challenging experiences” associated with use of psilocybin or LSD alone. In 2022, the Biden administration said it was “actively exploring” the possibility of creating a federal task force to investigate the therapeutic potential of psilocybin, MDMA and others ahead of the anticipated approval of the substances for prescription use. Bipartisan congressional lawmakers asked the U.S. Department of Veterans Affairs (VA) last month to produce a plan to begin providing MDMA-assisted therapy for veterans as soon as the psychedelic is approved by FDA. Also, proposed changes to federal workforce drug testing guidelines that are currently being reviewed by officials would remove screening for MDMA—which has only rarely appeared in workers’ urine samples during recent years—and add testing for fentanyl, a substance that’s become far more widespread in unregulated drug markets over the past decade. DEA Head Tells Lawmakers It Would Be ‘Inappropriate’ To Comment On Marijuana Rescheduling Proposal Due To ‘Ongoing’ Administrative Process Photo courtesy of Pretty Drugthings on Unsplash. The post FDA Expert Committee Will Review MDMA-Assisted Therapy For PTSD Next Month appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  10. Medical marijuana businesses and regulators in Georgia are cheering last week’s announcement that the federal Drug Enforcement Administration (DEA) will move cannabis to Schedule III of the Controlled Substances Act (CSA). They say the change could expand patients’ access to marijuana through pharmacies, whereas it is currently available through just nine dispensaries across the state. Georgia’s medical marijuana law is the first in the nation that, at least in theory, allows registered pharmacies to dispense cannabis. That plan, however, has been on hold following DEA warnings last November that pharmacies licensed with the agency “may only dispense controlled substances in Schedules II-V of the Controlled Substances Act.” “Neither marijuana nor THC can be lawfully possessed, handled, or dispensed by any DEA-registered pharmacy,” said the DEA warning letters, which were sent to dozens of pharmacies across the state. As cannabis is poised to move out of Schedule I, however, some are hopeful Georgia pharmacies will be able to move forward with plans to offer marijuana—but it’s not clear how long that change might take. Botanical Sciences, a dispensary operator and one of only a half dozen companies able to grow medical marijuana in the state, said in an email to reporters last week that the rescheduling move means “pharmacies can provide prescribed medical cannabis directly to patients.” In an interview with Marijuana Moment, however, Botanical Sciences CEO Jim Long did not provide an on-record answer when asked directly whether he thinks federal rescheduling itself would allow pharmacies in Georgia to dispense marijuana. “From an on-the-record standpoint, we are very pleased about the fact that rescheduling has a multitude of impacts,” he said. “It creates greater awareness in our state about the issues surrounding medical cannabis. It affords people the opportunity to really better understand the laws in our state, which do allow pharmacies to dispense these products.” “The availability of medical cannabis through pharmacy is Georgia state law,” he continued. “What was announced earlier this week is just the indication by the DEA that they are now recognizing cannabis has medicinal value. That will go a long way not just with pharmacists, but with physicians who are recommending patients for cards. It also legitimizes the product in the eyes of many patients that may have been sitting on the fence.” “I think this will help facilitate the industry in our state and around the country, quite honestly,” he said. Andrew Turnage, executive director of the Georgia Access to Medical Cannabis Commission, said the Schedule III move “really does move in the direction of what Georgia intended for medical cannabis access to look like” insofar as it asserts that marijuana is a medically useful drug that should be regulated much like others. “We know it’s the first, but we think this model is the best,” the Georgia cannabis official said, referring to the state’s plan to use pharmacies to dispense medical marijuana. “And I think that a lot of other states would say, for a medical program, this is really the way that it should have been from the beginning.” Turnage said he wasn’t able to speak to how rescheduling would affect Georgia pharmacies, noting that his agency does not license or regulate those businesses. Dawn Randolph, CEO of the Georgia Pharmacy Association, told the Atlanta Journal–Constitution, meanwhile, that rescheduling “will save patients from the difficulties they’re having in obtaining medical marijuana.” She cautioned, however, that the change could take some time. “While this sounds exciting, the path forward is very long and arduous,” Randolph said. “We’re talking about determining proper dosing, monitoring adverse effects and preventing drug-to-drug interactions. There’s just so much involved here.” According to a memo from the Congressional Research Service (CRS) about the implications of federal rescheduling, the move will make it easier for marijuana pharmaceuticals to be dispensed at pharmacies, but first those drugs need federal approval. “A key difference between placement in Schedule I and Schedule III is that substances in Schedule III have an accepted medical use and may lawfully be dispensed by prescription, while substances in Schedule I cannot,” the CRS document, issued May 1, says. “However, prescription drugs must be approved by the Food and Drug Administration (FDA).” It continues: “Although FDA has approved some drugs derived from or related to cannabis, marijuana itself is not an FDA-approved drug.” In other words, the cannabis products available through state-legal medical marijuana programs like the one in Georgia still won’t be the type of pharmaceuticals DEA-registered pharmacies can dispense. Moreover, CRS wrote, “Users of medical marijuana would need to obtain valid prescriptions for the substance from medical providers, subject to federal legal requirements that differ from existing state regulatory requirements for medical marijuana.” A recently published paper by Robert Mikos, a professor at Vanderbilt University Law School who focuses on drug law and federalism, notes that even after rescheduling, marijuana will be “subject to a litany of regulations under the CSA.” “To begin, the CSA requires every producer and distributor of a Schedule III controlled substance to obtain a registration (e.g., a license) from the DEA before engaging in those activities,” the Tulsa Law Review paper says. Beyond that, Mikos’s paper notes, the federal Food, Drug and Cosmetics Act (FDCA) requires a finding that marijuana is safe and effective. Though the Department of Health and Human Services (HHS) issued those findings in its rescheduling recommendation to DEA, those findings are separate from those required under FDCA. Evidence that marijuana “has ‘a currently accepted medical use’ under CSA would also serve to demonstrate the drug is effective under FDCA,” the paper says, but “HHS severed the link between the two statutes in its latest scheduling evaluation.” “In the past, one might have reasonably expected drug approval to follow on the heels of rescheduling, because the requirements for both were nearly identical,” Mikos wrote. But in light of the changes, “FDA approval of marijuana remains a long way off because the drug approval process remains as demanding as ever.” “Until FDA approves marijuana,” he continued, “it will be virtually impossible for state-licensed marijuana firms to comply with the FDCA.” “I suspect that few (if any) of the more than 12,000 firms now licensed by the states to produce and / or sell marijuana will be able and willing to scrupulously comply with all the new regulations CSA will throw at them,” his paper says, concluding: “Because the marijuana industry will continue to struggle to comply with the CSA and FDCA even after rescheduling, firms in that industry will continue to face many of the same vexing challenges they do today.” At Botanical Sciences, Long said he’s nevertheless “very bullish” on Georgia’s medical marijuana market in light of rescheduling, which he said would help “jumpstart” the industry. “When we started selling last summer, obviously we had an initial kind of push, and then we started not only opening our own dispensaries, but then this pharmacy channel,” he said. “And everything came to a screeching halt, you know, in the fall” when DEA sent out the threat letters to pharmacies. “For all the reasons I mentioned previously around the awareness of this, the fact that we can get all of the interested stakeholders back at the table to facilitate so patients, pharmacists, physicians all reengaged into this process without the fear that there’s going to be some federal overhang—that is, you know, an incredible shot in the arm,” Long continued. “And so I think we’re gonna see our business and our industry and our state [system] grow rapidly now.” Ira Katz, a pharmacist who planned to begin dispensing marijuana to registered patients under the state’s pharmacy program before the DEA warnings, told Atlanta news station WSB-TV that rescheduling would make marijuana suitable for prescription, though likely not in botanical form. “We’re talking about kids with a seizure disorder, patients with neuropathic pain or pain in general,” Katz said, adding that approved medicines would “probably” initially be in the form of “tinctures, gummies and soft gels.” Turnage, the head of the state’s Access to Medical Cannabis Commission, predicted that a major change from rescheduling is that it would “open up lawful research of the drug,” especially at institutions that might fear the loss of federal funding. “We are working very hard in Georgia to get that aspect of our program up and running,” he said, “and while I can’t speak for our colleges and universities, I think all of them would be comfortable saying the concern is because of it being a violation of federal law and the concern of impact on federal funding that research institutions receive. That’s a huge barrier to researching the drug by those most qualified to conduct the research.” Turnage also said he thinks many in the state are still waiting for more clarity on the implications of rescheduling, as well as when the policy change will be made final. “We know that it’s an election year. It’s very popular to talk about issues that move lots of people, and that’s really one of my topics of analysis here,” he said: “Are we going to see substantive direction, or are we going to just see a lot of talk? That’s certainly a very Georgia conversation about this.” State and local officials in support of access to marijuana have generally cheered the rescheduling announcement as an endorsement of legalization, despite remaining questions about how it affects the state–federal conflict in laws. In Pennsylvania, for example, a spokesperson for Gov. Josh Shapiro (D) said the move could bolster state-level efforts to enact adult-use legalization. “Governor Shapiro has made clear that we need to catch up—practically every one of our neighbors has legalized marijuana and is benefiting from hundreds of millions of dollars in economic activity and revenue—and this important step by the federal government only adds support to the Governor’s proposal,” Shapiro spokesperson Manuel Bonder told the Pittsburgh Post-Gazette last week. Former DEA Administrator Asa Hutchinson, meanwhile, said the recent change “reflects the reality” of public support for access to medical cannabis. “I think it reflects the reality of today’s both culture but also the public sentiment. That’s most significant,” Hutchinson, a Republican who also served as governor of Arkansas, said. In Congress, meanwhile, Senate Majority Leader Chuck Schumer (D-NY) and colleagues reintroduced legislation last week to federally legalize cannabis and impose certain regulations. Amid staunch partisan divisions, however, the bill’s prospects are doubtful. Meanwhile, the top Democrat in the U.S. House said last Wednesday that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. On the opposition side, a leading marijuana prohibitionist group has been using the federal rescheduling announcement as a fundraising opportunity and says it may file a legal challenge against the government’s scheduling move. Florida GOP Formally Opposes Marijuana Legalization Ballot Initiative, Clearing Path For DeSantis To Fund ‘Counter Message’ Campaign The post Georgians Have High Hopes That Rescheduling Will Make It Easier For Patients To Obtain Medical Marijuana Through Pharmacies appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  11. The head of the Drug Enforcement Administration (DEA) told lawmakers on Tuesday that it would be “inappropriate” for her to comment on the agency’s recent marijuana rescheduling determination because the rulemaking process is “ongoing.” About a week after the Justice Department confirmed DEA is seeking to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), DEA Administrator Anne Milgram briefly touched on the issue at a hearing before the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Ahead of Tuesday’s committee meeting, the prohibitionist group Smart Approaches to Marijuana (SAM) said sources familiar with the matter have told them that Milgram did not personally sign the proposed rescheduling rule. If true, that wouldn’t necessarily mean that she disagrees with the decision—but the administrator made clear to lawmakers that she would not be shedding any light on the process at this point. However, she did notably respond to one question about past precedent and said that “stepping out of marijuana,” she’s unaware of any instance where a DEA administrator hasn’t signed a scheduling order. Milgram focused much of his opening remarks on combating international fentanyl trafficking, but she also preemptively addressed the marijuana rescheduling news. “Because the formal rulemaking process is ongoing—and my role in that process is to determine the scheduling of drugs—it would be inappropriate for me to respond to questions on this rescheduling matter,” she said at the end of her opening remarks at the hearing. While DOJ is moving to reschedule cannabis following an extensive review process, there are still several additional steps before a rule is finalized and implemented. That includes a White House review of the rule, a public comment period and possible administrative hearings. Rep. C.A. Dutch Ruppersberger (D-MD) did inquire about the rescheduling decision with Milgram at the hearing despite her opening comments intended to preempt such questioning, and the administrator reiterated that the “process is ongoing” and so she wouldn’t speak about it directly. “There’s a formal rulemaking process for scheduling or rescheduling controlled substances. That process is ongoing,” she said. “The next step in that process will be a notice of proposed rulemaking and then an opportunity for public comment.” “Because DEA is involved very much in that scheduling process—and the DEA administrator is personally involved in it—it would be inappropriate for me to comment on it at this time,” she said. Ruppersberger responded by imploring DEA to “balance” federal enforcement priorities with the need to respect state marijuana laws. He said Maryland’s adult-use cannabis program is “working well.” Milgram simply said she appreciates the input. Another member, Rep. Andrew Clyde (R-GA), pressed the administrator on where the marijuana rescheduling proposal is in the process and whether the White House has communicated with DEA about the action. Milgram again declined to comment directly. However, when asked about whether she’s aware of an instance where a DEA administrator has not personally signed a scheduling order—as SAM’s sources claims she refrained from doing with the cannabis proposal—she said that “stepping out of marijuana and talking about this generally, I am not” aware of any such instance. Rep. Robert Aderholt (R-AL) asked the administrator about research into the prevalence of cannabinoid hyperemesis syndrome and whether she could weigh in on the adverse effects of marijuana use in light of the rescheduling decision. But, again, Milgram said, “because that is going to be a part of this regulatory process, it would be inappropriate for me to comment at this time.” “But I appreciate your mentioning that study and that, of course, I’ll read it,” she said. Aderholt went on to say he’s “very, very concerned about this rescheduling” because he believes cannabis use is linked to an increase of certain mental health conditions. Rep. Matt Cartwright (D-PA) also asked Milgram whether a potential reclassification of marijuana under the CSA would free up DEA resources to tackle the country’s fentanyl issue. She said that, “because some of this will implicate decisions that become a part of that rulemaking process, I’m not gonna be able to comment on that.” But at a “very, very high level,” the administrator affirmed that DEA does “currently do work around marijuana across the United States where it rises to the federal level,” referencing “work in a number of states on current illicit marijuana grows that are led by Chinese organizations, for example.” “So there is work we do. Our top focus is obviously fentanyl—the drug that’s killing Americans,” she said. “But we do do work on [marijuana] currently.” Later this year, another DEA representative, William Heuett, is set to present on the agency’s “processing of schedule I research applications” at a federal research meeting on the potential for marijuana to treat pain. It’s not clear how that presentation might be updated in light of the ongoing rescheduling process. Meanwhile in the wake of the DEA rescheduling announcement, a former head of the agency said the proposal is “understandable” because it “reflects the reality” of public opinion toward the medical value of cannabis. In an interview with Fox News last week week, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). “Whenever we see over a dozen states now have medical marijuana, clearly there’s a movement for reclassification,” he said. “And so it’s not a surprise to me.” “I think it reflects the reality of today’s both culture but also the public sentiment. That’s most significant,” said Hutchinson, a Republican who also served as governor of Arkansas. Separately, the top Democrat in the U.S. House said last week that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Senate Majority Leader Chuck Schumer (D-NY) filed. On the opposite side of the spectrum, a Republican senator said that marijuana is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Marijuana Rescheduling Will Make Republicans ‘More Comfortable’ Voting For Banking And Other Reforms, Former GOP Congressman Says Photo courtesy of Chris Wallis/Side Pocket Images. The post DEA Head Tells Lawmakers It Would Be ‘Inappropriate’ To Comment On Marijuana Rescheduling Proposal Due To ‘Ongoing’ Administrative Process appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  13. A former GOP congressman says he expects Republicans will be “more comfortable voting yes” for incremental marijuana reform measures like a banking access bill for the industry now that the administration is moving to reschedule cannabis. Former Rep. Rodney Davis (R-IL) and Congressional Cannabis Caucus co-founder Rep. Earl Blumenauer (D-OR) both discussed the future prospects of marijuana policy during a webinar hosted by the U.S. Cannabis Council (USCC) last week. Blumenauer, a leading champion of marijuana reform efforts over five decades, agreed with Davis that the rescheduling decision from the Drug Enforcement Administration (DEA) will “open the floodgates” for additional congressional action such as passage of a bipartisan cannabis banking bill. “It’s going to make it much easier to have other items that are queued up,” the Democratic congressman said. “With this, it’s going to be a matter of time before we get movement in the Senate—dealing with the banking issue, which is long overdue.” “Taking it to Schedule III is, first of all a signal, that people recognize that the current scheduling process is completely wrong, flawed and unfair,” Blumenauer said. “It takes care of a major problem that we’ve faced.” Davis, meanwhile, was asked how he thought the potential Schedule III reclassification would affect broader congressional marijuana reform efforts. The former GOP lawmaker, who sponsored bipartisan legislation to provide for federal marijuana expungements in 2022 before retiring, said that “I think they’ll be more comfortable voting yes,” adding that the rescheduling move is “a great step.” Join us tomorrow for an exciting conversation with longtime cannabis reform champion @repblumenauer. We’ll discuss yesterday’s historic news out of the DEA and also drill down on the SAFE Banking Act, which the Congressman co-sponsored. RSVP here: https://t.co/3j2AAytLoY pic.twitter.com/SjQ4fQDslo — US Cannabis Council (@USCannabisCncl) May 1, 2024 “This is an opportunity for the administration to put forth their vision and then move that vision into a reality,” Davis said. He added that while there’s been talk about the Biden administration politically benefitting from championing cannabis reform, it’s an “issue that affects all demographics, it affects all races and it affects everyone.” Blumenauer also gave credit to President Joe Biden for the modest steps that the administration has taken, saying while the issue has “not been strong suit” for the president, he deserved applause for granting a pair of mass marijuana pardons and initiating the scheduling review despite holding “mixed feelings” about cannabis itself. The congressman also reiterated his belief that the Justice Department would soon be reissuing marijuana enforcement discretion guidances that was rescinded under the Trump administration. He and the former DOJ official who authored the original memorandum told Marijuana Moment last week that they expect it will be expanded to account for societal changes around the issue, as well as the rescheduling push. “I think this is something that matters to people across the board,” he said. “Rodney said, fairly, that this affects young and old. It’s red state, blue state. We’ve watched red state voters overcome the opposition from the Republican legislators who have tried to torpedo this, and slowly but surely, we’re starting to see more Republicans get on board in Congress.” “I’ve been working on this longer than any elected official in the country. This is my 51st year,” he said. “No politician has ever been punished for being on the right side of history and the right side of cannabis. Indeed, the Democrats wouldn’t be in control of the Senate if it weren’t for cannabis.” Blumenauer also weighed in on the prospects of advancing a marijuana banking bill, the Secure and Fair Enforcement Regulation (SAFER) Banking Act. He noted that it’s passed the House in some form seven times now, but the reform has so far ultimately gone to Senate Minority Leader Mitch McConnell’s (R-KY) “legislative hospice to die.” “Well, McConnell is not the majority leader, so he doesn’t have that capacity to torpedo it,” Blumenauer said. “And it is a priority with Democratic leadership. It’s got bipartisan support in the Senate. I’m quite confident that, regardless of which avenue we take, this is something that can happen this session, and I hope sooner rather than later.” Senate sources say McConnell is raising issues with the banking reform again, leading leaders to abandon plans to attach it to must-pass Federal Aviation Administration (FAA) reauthorization legislation. But Schumer has signaled that the possibility isn’t entirely off the table yet, and he remains committed to advancing the policy change. Davis, meanwhile, reiterated that the banking legislation “is a long time coming, and whatever vehicle it takes to be able to move forward is what what cannabis advocates like like Earl and [Rep. Dave Joyce (R-OH)] and others need to need to latch on to.” “I’m glad that this gets bipartisan support. There’s going to be opposition, but in the end, there’s so much bipartisan support for an issue such as SAFE Banking that it could stand alone,” he said. “It’s just a matter of whether or not it can get called up to be able to have that vote once again.” But while both lawmakers have emphasized that they feel the move to reschedule marijuana will bolster other cannabis proposals this Congress, there has been key opposition to the incremental reform, including from House Majority Leader Steve Scalise (R-LA) last week. Blumenauer and Davis both agreed that Scalise is out of touch on the issue. “I think, ultimately, it’s going to pose problematic issues for them politically,” Blumenauer said. “I think the number of people who are defenders of the failed war on drugs is shrinking dramatically. There are people who’ve come along. They’ve started to see the light.” Davis added that “the one thing about being an elected official, as time goes on, is sometimes you can get educated on the issue by your constituents as to how important a change in opinion might be. And let’s hold out hope that Steve will change his opinion.” Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House The post Marijuana Rescheduling Will Make Republicans ‘More Comfortable’ Voting For Banking And Other Reforms, Former GOP Congressman Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  15. With a House-passed marijuana legalization bill now pending in the New Hampshire Senate, Gov. Chris Sununu (R) is repeating his warning that the proposal will only win his approval if lawmakers adopt further changes to align the plan with his wishes. “I laid out the eight or 10 things that I’d like to see in that bill for it to get a signature on my desk,” he told local TV station WMUR in an interview that aired on Sunday. “If they meet those stipulations, I’ll sign it. If they don’t, I won’t.” “Fundamentally I don’t really love this idea anyway,” the governor added, but he said he sees legalization as “inevitable.” “I just see that I do have a responsibility—I don’t have the luxury, I have more the responsibility—of saying, ‘Look, if we’re going to legalize this at some point—and do believe it’s inevitable—I have the responsibility of setting us up for the best long-term system that we possibly can,'” Sununu said. The legalization proposal passed out of the House a month ago and is now before a Senate panel. Late last month, opponents of the current version—including Sen. Daryl Abbas (R) and Senate President Jeb Bradley (R)—unveiled amendments that would revise major portions of the proposal. Among the proposed changes, one would increase penalties for public consumption, making second and subsequent offenses unspecified misdemeanors. That would expose people jail time in addition to a criminal record, an outcome critics said undercut the very purpose of legalization. Other adjustments would shift the bill’s regulatory approach to a franchise system, under which the state’s Liquor Commission would oversee the look, feel and operations of the 15 stores. “I know there’s a few changes on the bill to be made,” Sununu told WMUR. “If the Senate makes those changes the way I’ve laid the guidelines to be, then I’d sign it.” The bill’s sponsor, Rep. Erica Layon (R), has warned the Senate panel that it shouldn’t assume that House lawmakers will sign off on any proposed changes, however. “We need to be careful that we don’t take the House’s support for granted,” she said. “Given the fact that we need to agree between two bodies and also the person who signs the bill, there are a lot of constraints.” Layon also described the House-passed version of her bill as “a delicate tightrope walk that will get us to where we need to be with perhaps the smallest of changes.” As for federal rescheduling, the WMUR report says Sununu “doesn’t think this federal change will make much of a difference in the discussion at the state house.” “He says the path forward on this issue remains straightforward,” it said: “Legalization on his terms or not at all.” At the time the bill, HB 1633, passed out of the House, a representative from Sununu’s office said it wouldn’t fly in that form. “Governor Sununu has been crystal clear about the framework needed for a legalization bill to earn his support, focusing on harm reduction and keeping it out of kids’ hands,” the governor’s office said. “The legislation passed today doesn’t get us there but the Governor looks forward to working with the Senate to see if we can get it done.” With only several months left in Sununu’s term, supporters of legalization are also weighing how the governor’s replacement would greet legalization. At least one possible successor, former U.S. Sen. Kelly Ayotte (R)—one of a handful of gubernatorial candidates that’s entered the race—said recently that she opposes legalizing marijuana for adults. “I don’t think legalizing marijuana is the right direction for our state,” said Ayotte, who represented New Hampshire in the Senate from 2011 to 2017 and was previously the state’s attorney general from 2004 to 2009. As approved by the House, HB 1633 would allow 15 retail stores statewide and impose a 10 percent state charge on adult-use purchases. Medical marijuana would be exempt from the tax. Retailers would be regulated through a so-called “agency store” model, with significant restrictions on marketing and advertising. Lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation. Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation. The Senate defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support. Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use. After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber. Florida GOP Formally Opposes Marijuana Legalization Ballot Initiative, Clearing Path For DeSantis To Fund ‘Counter Message’ Campaign Photo by Aphiwat chuangchoem. The post New Hampshire Governor Will Sign Marijuana Legalization Bill If Senate Makes Changes, He Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  16. DEA rescheduling controversy; SD legalization sigs; MA & VT psychedelics; Lawyers push Biden on marijuana clemency; Cannabis entourage effect study 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… *Rattling the tip jar* Got a few dollars you can spare to help Marijuana Moment pay our writers, keep our website running and grow into the kind of robust news organization the fast-paced world of drug policy deserves? Join us for $25/month and be a part of our work: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Drug Enforcement Administration head Anne Milgram did not personally sign off on the agency’s cannabis rescheduling decision, according to leaders of prohibitionist group Smart Approaches to Marijuana. The Florida Republican Party passed a resolution opposing the marijuana legalization initiative on the November ballot, clearing the way for Gov. Ron DeSantis (R) to formally raise money to fund a campaign against the measure. South Dakota activists are “extremely confident” they will turn in enough valid signatures to qualify a marijuana legalization initiative for the November ballot on Tuesday. The Massachusetts legislature’s Special Joint Committee on Ballot Initiatives is recommending that lawmakers decline to enact a psychedelics legalization measure, leaving it to activists to collect another batch of signatures to put the reform before voters in November. The Vermont House Human Services Committee approved a Senate-passed bill to create a psychedelic-assisted therapy working group to make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. The National Association of Criminal Defense Lawyers sent a letter to White House counsel calling for “immediate commutation of sentences, compassionate release and second chances for persons convicted of non-violent marijuana offenses.” A new scientific review shows how marijuana’s “entourage effect” in which “combined actions of terpenes and phytocannabinoids results in effects that exceed the sum of their separate contributions” offers “hope” for developing “novel treatment approaches.” Patient enrollment in New Jersey’s medical cannabis program is dropping as the recreational marijuana market expands. / FEDERAL The Congressional Research Service noted a recent U.S. Court of Appeals for the Ninth Circuit decision upholding the Federal Aviation Administration’s revocation of a pilot’s license due to marijuana transportation. House Speaker Mike Johnson (R-LA) said that Democrats’ push to legalize marijuana is “an appeal to younger voters.” Sen. John Tester (D-MT) said rescheduling marijuana will facilitate more research by the Department of Veterans Affairs. Sen. Ron Johnson (R-WI) said marijuana legalization has been a “disaster” but “if it’s gonna be legal then might as well let them use the banks.” Sen. Ted Budd (R-NC) said, “When you look at male participation in the workforce, a lot of that decline is due to marijuana usage and the normalization of it.” Sen, John Cornyn (R-TX) criticized the move to reschedule marijuana administratively. Sen. Raphael Warnock (D-GA) said the federal marijuana rescheduling decision is “a move in the right direction.” Sen. Markwayne Mullin (R-OK) said he is “not a fan” of rescheduling marijuana. Sen. John Fetterman (D-PA) discussed the political opportunities for marijuana reform. / STATES Tennessee’s lieutenant governor, House speaker and other lawmakers discussed the effect the federal marijuana rescheduling decision could have on cannabis reform efforts in the state. Indiana gubernatorial candidates discussed their views on marijuana policy. A South Carolina senator said the federal marijuana rescheduling move could bolster efforts to legalize medical cannabis in the state. A Pennsylvania representative discussed the implications of the federal marijuana rescheduling decision. A North Carolina appeals court is being asked to reconsider a ruling on the smell of cannabis as a basis for searches. Arizona regulators announced a recall of marijuana products due to the presence of aspergillus. Disciplinary hearings about Massachusetts’s suspended top marijuana regulator will continue later this month. New Jersey’s top marijuana regulator participated in a podcast on the continued expansion of the state’s legal marijuana market. California regulators prepared a draft environmental impact report on the licensing of cannabis cultivation in Mendocino County. Colorado’s psychedelics-focused Federally Recognized American Tribes and Indigenous Community Working Group will hold its first meeting on Wednesday. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL Austin, Texas police claim that they found fentanyl-laced marijuana. The Sonoma County, California Board of Supervisors approved cannabis equity grants. / INTERNATIONAL Irish officials have been slow to nominate members to the Oireachtas Joint Committee on Drug Use. / SCIENCE & HEALTH A study found that “adjunctive use of artisanal CBD was associated with improvements in the behavioral and psychological symptoms of [treatment resistant epilepsy], as well as improved medication tolerability.” A review concluded that “seven of the nine included studies showed a significant benefit of psilocybin on change in depression scores compared with comparator treatment.” / ADVOCACY, OPINION & ANALYSIS The Competitive Enterprise Institute published a blog post expressing concerns with certain provisions of a marijuana banking bill. / BUSINESS High Times’s assets are being sold off. The Cannabist Company workers in North Hollywood and Studio City, California voted to join Teamsters Local 630. / CULTURE Jimmy Kimmel joked about the federal marijuana rescheduling decision. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post FL GOP opposes cannabis ballot measure (Newsletter: May 7, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  20. The leader of a marijuana prohibitionist organization that accurately predicted last week’s cannabis rescheduling recommendation now says that sources inside the Drug Enforcement Administration (DEA) are telling him that Anne Milgram, the agency’s administrator, “did not sign off” on the landmark decision. “I can now say with full confidence that the Administrator of DEA, Anne Milgram, did NOT sign the rescheduling order,” Kevin Sabet, president of the advocacy group Smart Approaches to Marijuana (SAM), posted on social media Monday, citing “two confidential sources inside DEA and another outside DEA with intimate knowledge.” He said in a further statement, relayed on The Drug Report, a news site published by the Foundation for Drug Policy Solutions—which was co-founded by Sabet—that “it’s hard to overstate how deeply political and flawed this makes the rescheduling process look.” “DEA Administrator Anne Milgram should be commended for standing up for science and truth, over the profit-driven pot industry,” said Sabet, who served under three presidents as an Office of National Drug Control Policy advisor. “Her courage will show she was on the right side of history. It’s equally hard to overstate what a botched process the Biden Administration’s rescheduling review has been from the outset. This unprecedented action by the Attorney General reflects a process poisoned by political considerations and conducted with a pre-determined outcome.” SAM recently sent out a fundraising email following the rescheduling announcement, saying explicitly that the group is looking into taking legal action in an effort to halt the federal reform. BIG: I can now say with full confidence that the Administrator of DEA, Anne Milgram, did NOT sign the rescheduling order, breaking with five decades of precedent and established law and regulations (two confidential sources inside DEA and another outside DEA with intimate… — Kevin Sabet (@KevinSabet) May 6, 2024 If true, the significance of Sabet’s claim that Milgram didn’t sign off on the rescheduling decision isn’t immediately clear. Asked one reply on social media: “Do you have confirmation this was done in protest or just that Anne Milgram wasn’t the one to sign it?” If Milgram did not in fact sign the reform document, it’s also not clear who did. It could be the case that a lower-ranking DEA official is the signatory. Alternatively, it could be signed by U.S. Attorney General Merrick Garland, perhaps signaling how high of a priority for the administration the marijuana move is. In a statement to Marijuana Moment last week, Department of Justice (DOJ) Director of Public Affairs Xochitl Hinojosa said that “the Attorney General circulated a proposal to reclassify marijuana from Schedule I to Schedule III.” “Once published by the Federal Register,” Hinojosa added, “it will initiate a formal rulemaking process as prescribed by Congress in the Controlled Substances Act.” The next step in the rescheduling process would be for the White House Office of Management and Budget (OMB) to review the rule. If approved, it would go to public comment before potentially being finalized. DEA did not provide comment regarding Sabet’s assertions in response to a request from Marijuana Moment. Milgram is scheduled to appear at a congressional budget hearing on Tuesday morning to discuss the agency’s funding request for fiscal year 2025. The Drug Report post anticipates that she’ll “likely be met with questions from lawmakers about the DEA’s decision to reschedule marijuana and her agency’s process for coming to that conclusion.” Later this year, another DEA representative, William Heuett, is set to present on the agency’s “processing of schedule I research applications” at a federal research meeting on the potential for marijuana to treat pain. It’s not clear how that presentation might be updated in light of the ongoing rescheduling process. Meanwhile in the wake of the DEA rescheduling announcement, a former head of the agency said the proposal is “understandable” because it “reflects the reality” of public opinion toward the medical value of cannabis. In an interview with Fox News last week week, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). “Whenever we see over a dozen states now have medical marijuana, clearly there’s a movement for reclassification,” he said. “And so it’s not a surprise to me.” “I think it reflects the reality of today’s both culture but also the public sentiment. That’s most significant,” said Hutchinson, a Republican who also served as governor of Arkansas. Separately, the top Democrat in the U.S. House said last week that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Senate Majority Leader Chuck Schumer (D-NY) filed. On the opposite side of the spectrum, a Republican senator said that marijuana is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House The post DEA Administrator ‘Did Not Sign Off’ On Marijuana Rescheduling Order, Prohibitionist Group Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  21. South Dakota activists are “extremely confident” they’ve collected more than enough signatures to qualify a marijuana legalization initiative for the state’s November ballot. South Dakotans for Better Marijuana Laws (SDBML) will deliver the signatures to the secretary of state’s office on the turn-in deadline on Tuesday, the campaign announced on Monday. For months it’s been unclear if the grassroots efforts would be able reach the signature threshold for ballot placement, as national industry and philanthropic financial support has been negligible this cycle. But the campaign pushed forward and, its leaders are predicting, prevailed. Matthew Schweich, executive director of SDBML, told Marijuana Moment on Monday that the campaign is “extremely confident that we have enough signatures to qualify for the November ballot.” That confidence is based on a “rigorous” internal validation system they’ve employed in the lead-up to the submission. This marks the campaign’s third attempt to get the reform enacted at the ballot. Voters did approve a legalization initiative in 2020, but it later was invalidated by the state Supreme Court over single-subject concerns. The campaign’s second initiative in 2022 was rejected by voters. A separate medical cannabis initiative that was also approved by voters in 2020 was not challenged and remains state law. Part of what made this latest legalization push different is the fact that “every penny of the budget for the signature drive came from within South Dakota, with almost all of it coming from members of the medical cannabis community,” Schweich said. “It tells me that almost every member of the medical cannabis industry in South Dakota recognizes that now’s the time to move forward recreational legalization,” he said. “They understand that waiting until 2026 is a bad idea.” “We’re certainly going to need to explain to voters that this is a separate initiative,” Schweich said. “I think that of all the states that have passed recreational legalization, there’s no state with a more interesting or turbulent or complicated path.” Asked about the possibility of an opposition campaign from Gov. Kristi Noem (R), the controversial governor who’s made headlines this past week after disclosing that she fatally shot her 14-month-old puppy that she claimed posed a safety risk, Schweich said: “Bring it on.” “She’s welcome to come fight us,” he said. “We’re not afraid of the governor.” In December, the secretary of state’s office approved a circulator handout submitted by SDBML, a requirement that has allowed the campaign to deploy paid canvassers to gather signatures along with its grassroots network of volunteers who have been distributing petitions. The campaign material simply features the state attorney general’s title and explanation of the ballot measure, which was finalized in August. If activists do secure ballot placement this year, they will still need to win over voters who rejected legalization in the last election. Ahead of that election, a poll found that 51 percent of South Dakotans planned to vote against the legalization measure, while 40 percent said they’d be supporting it and 10 percent remained undecided. That was the third poll in a row showing the legalization measure behind. Meanwhile, a separate proposed 2024 legalization ballot measure, sponsored by Rapid City resident Emmett Reistroffer, also received its final ballot explanation from the state attorney general. That initiative would legalize adult-use possession and cultivation of cannabis, while allowing medical marijuana dispensaries to serve adult consumers. That said, the chief backer of the proposal said he had no plans to collect signatures or campaign for the change. Separately, opponents of legalization filed two other proposed ballot measures to tighten drug laws in the state. One would repeal the state’s medical marijuana law, while the other would keep federally banned substances from ever being legalized by voters. The state attorney general finalized the ballot explanation for the medical marijuana repeal measure last August. But SDBML has said the initiative should be thrown out due to an alleged error in how the proposal was filed, failing to include a full list of the state statutes it would seek to undo. After voters approved medical cannabis legalization in 2020, the governor tried to get the legislature to approve a bill to delay implementation for an additional year. But while it cleared the House, negotiators were unable to reach an agreement with the Senate in conference, dealing a defeat to the governor. In response, Noem’s office started exploring a compromise, with one proposal that came out of her administration to decriminalize possession of up to one ounce of cannabis, limit the number of plants that patients could cultivate to three and prohibit people under 21 from qualifying for medical marijuana. In the 2022 legislative session, the House rejected a legalization bill that the Senate had passed, effectively leaving it up to activists to get on the ballot again. A Marijuana Interim Study Committee, headed by legislative leaders, was established to explore cannabis policy reform, and the panel in November 2021 recommended that the legislature take up legalization. The House-defeated legislation was one of the direct products of that recommendation. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — The governor separately signed a bill into law in February that will require patients to check off a box on medical marijuana card applications affirming that they’re aware that federal law prohibits cannabis consumers from buying and possessing firearms. Currently more than 11,500 people in South Dakota hold medical marijuana cards—nearly double the 6,000 cardholders that state officials expected to enroll in the program by 2024. Massachusetts Joint Committee Urges Lawmakers Not To Pass Psychedelics Legalization Initiative, Teeing Up Final Push For Ballot Placement Photo courtesy of Chris Wallis // Side Pocket Images. The post South Dakota Marijuana Activists ‘Extremely Confident’ They’ll Turn In Enough Signatures To Put Legalization Initiative On Ballot This Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  22. A new review of the science around the components of marijuana says the “complex interaction between phytocannabinoids and biological systems offers hope for novel treatment approaches,” laying the groundwork for a new era of innovation in cannabis-based medicines. Among other takeaways, the report, published earlier this month in the International Journal of Molecular Sciences, underscores the potential of whole-plant cannabis medicine—incorporating the variety of cannabinoids, terpenes and other compounds produced by the cannabis plant—rather than simply THC or CBD on their own. “The plant Cannabis exhibits an effect called the ‘entourage effect’, in which the combined actions of terpenes and phytocannabinoids results in effects that exceed the sum of their separate contributions,” the study says. “This synergy emphasizes how important it is to consider the entire plant when utilizing cannabinoids medicinally as opposed to just concentrating on individual cannabinoids.” Much of the 23-page report—from pharmacy researchers at Ovidus University of Constanta and the University of Medicine, Pharmacy Science and Technology of Târgu Mures, both of which are in Romania—comprises an overview of cannabinoids, including THC and CBD as well as cannabigerol (CBG), cannabichromene (CBC), cannabinol (CBN) and tetrahydrocannabivarin (THC-V)—as well as how those compounds appear to interact with the human body. While the vast majority of research has studied THC and CBD, the new review notes that the “exploration of novel phytocannabinoids is rapidly evolving, offering exciting prospects for future therapeutic applications.” “Beyond well-established compounds like THC and CBD, the quest for novel cannabinoids widens the scope of potential treatments,” it says. “Each cannabinoid, with its unique chemical structure, interacts differently with the [endocannabinoid system], suggesting tailored therapeutic effects for specific conditions. This exploration seeks to harness similar benefits while circumventing associated drawbacks.” Each of the chemical components has specific effects, which the study briefly describes. The broad review, which cites nearly 100 other sources, acknowledges that some effects are bolstered by robust scientific evidence, while others are still being explored. THC, for example, has demonstrated analgesic effects, authors wrote. “It also possesses antiemetic effects, which make it useful for chemotherapy-induced nausea and vomiting.” CBD, meanwhile, has demonstrated anti-inflammatory properties and “is said to have analgesic properties and may be effective in pain management.” Some research also shows the cannabinoid may have neuroprotective qualities. While CBD formulations like the prescription drug Epidiolex can treat rare forms of epilepsy, mixes of CBD and THC may help address spasticity related to multiple sclerosis, the paper says. Both THC and CBD also have antioxidant effects, it adds, and both appear to be promising tools for a variety of ailments, from pain to neurological disorders and psychiatric conditions. Further, CBD may help reduce symptoms of anxiety and PTSD, while both THC and CBD may exhibit antidepressant effects. “While some findings suggest that cannabinoids may have mood-stabilizing effects and enhance serotonin signaling, the evidence is inconclusive, and further research is needed,” the study says. CBD may also help reduce cravings and withdrawal symptoms of alcohol and opioid use disorders, although authors said “the evidence is preliminary, and more research is needed to establish its efficacy and safety.” Both THC and CBD have also been investigated as possible sleep aids, though results are still preliminary and so far are mixed, with some patients experiencing improved sleep quality while others experience sleep disruptions. As for treating cancer, the report says that studies have indicated that “cannabinoids can exert antitumor effects directly by inhibiting cell proliferation and inducing apoptosis, or indirectly by inhibiting angiogenesis, invasion, and metastasis.” “In vivo and in vitro research has demonstrated the efficacy of cannabinoids in modulating tumor growth, although the antitumor effects can vary depending on the type of cancer and the concentration of the drug,” it continues. “For cancer patients, it is crucial to comprehend how cannabinoids control immune system interactions and other biological processes related to carcinogenesis, such as cell cycle progression, proliferation, and cell death. Additional research is necessary for this area.” As for minor cannabinoids, compounds such as CBG and CBN appear to have antibacterial effects, researchers found. CBN itself also appears to be a mild sedative, which could be relevant for treating sleep disorders. THC-V, meanwhile, may act as an appetite suppressant and a “potential treatment for diabetes.” Cannabinoids may also be helpful in treating trauma wounds, authors noted, potentially reducing perceived pain, inflammation and secondary tissue damage. “At the site of injury, cannabinoids may decrease the release of tissue activators and sensitizers, modulating nerve cells to control tissue destruction and immune cells to prevent the release of proinflammatory substances,” they wrote. “This modulation helps minimize pain and temper post-injury responses associated with inflammatory injury.” The review also assesses the “challenges and controversies” surrounding research and use of therapeutic cannabinoids, including legal and regulatory obstacles that still vary widely across the globe, a lack of robust standardization of cannabinoid products and the potential for abuse and dependence. THC, researchers acknowledge, is not only the primary psychoactive compound in cannabis but also the most common cannabinoid associated with problem use. “While the overall risk of addiction to THC is lower compared to substances like opioids, amphetamines, or alcohol,” authors wrote, “it is still a concern, particularly for individuals who use cannabis frequently or in high doses.” On the other hand, CBD “is not associated with the same potential for abuse or dependence” and “may even have potential therapeutic effects in reducing addiction to other substances, such as opioids, alcohol, or nicotine.” Social and legal obstacles, the study noted, still make research onerous. “Despite its potential, legal restrictions and societal stigma surrounding cannabis hinder investment in research and development,” authors of the study wrote. “Complex regulatory frameworks further complicate exploration efforts. Rigorous preclinical and clinical trials are imperative to establish safety and efficacy before therapeutic implementation.” As cannabinoids and the body’s own endocannabinoid system continue to be better understood, the researchers expect even more “potential in managing various pathological diseases.” “Phytocannabinoids offer diverse therapeutic applications, ranging from pain management to neurological disorders and inflammatory diseases. Their antimicrobial and anti-inflammatory properties make them valuable candidates for combating antibiotic resistance and modulating inflammatory pathways,” the study concludes. “By leveraging the synergistic effects of combination therapies and targeting multiple disease pathways, phytocannabinoids hold immense potential to revolutionize the future of pharmacotherapy and improve human health outcomes.” The new research is part of a growing field of investigation into the entourage effect in cannabis as well as in entheogenic plants and fungi. While Western medicine typically seeks to identify and isolate a single active ingredient, the findings underscore the potentially powerful interactions of various chemical components produced by the plant. Earlier this year, for example, a study looked at the “collaborative interactions” between cannabinoids, terpenes, flavonoids and other molecules in the plant, concluding that a better understanding of the relationships of various chemical components “is crucial for unraveling cannabis’s complete therapeutic potential.” Other recent research funded by the National Institute on Drug Abuse (NIDA) found that a citrusy-smelling terpene in marijuana, D-limonene, could help ease anxiety and paranoia associated with THC. Researchers similarly said the finding could help unlock the maximum therapeutic benefit of THC. A separate study last year found that cannabis products with a more diverse array of natural cannabinoids produced stronger psychoactive experiences in adults, which also lasted longer than the high generated by pure THC. And a 2018 study found that patients suffering from epilepsy experience better health outcomes—with fewer adverse side effects—when they use plant-based CBD extracts compared to “purified” CBD products. Scientist last year also discovered “previously unidentified cannabis compounds” called flavorants that they believe are responsible for the unique aromas of different varieties of marijuana. Previously, many had thought terpenes alone were responsible for various smells produced by the plant. Similar phenomena are also beginning to be recorded around psychedelic plants and fungi. In March, for example, researchers published findings showing that use of full-spectrum psychedelic mushroom extract had a more powerful effect than chemically synthesized psilocybin alone. They said the findings imply that mushrooms, like cannabis, demonstrate an entourage effect. Feds Announce Plan To Fund Research On Using Psychedelics To Treat Chronic Pain In Older Adults The post Interaction Of Marijuana Terpenes And Cannabinoids Offers ‘Hope’ For ‘Novel’ Treatments, Study Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  24. A Massachusetts joint legislative committee is advising the legislature not to pass a psychedelics legalization initiative—but activists are already collecting additional signatures to put the reform before voters on the November ballot. Lawmakers were required to consider the psychedelics measure, spearheaded by the campaign Massachusetts for Mental Health Options (MMHO), after the state certified advocates had submitted enough valid signatures in an initial petitioning round last year. The legislature had until May 1 to make a decision before the campaign was cleared to collect another 12,429 signatures by July 3 to secure ballot placement. Last week, the Special Joint Committee on Ballot Initiatives issued a majority report that formally recommended against passing the measure as drafted. This comes just over a month after the panel held a hearing to gain expert feedback on the proposal. The report acknowledges that a growing body of scientific literature shows psychedelics such as psilocybin “may be highly effective in addressing a variety of adverse mental health conditions” when administered in a controlled environment. But it says these “promising findings, however, have not provided evidence that the widescale recreational legalization of these substances would be beneficial, let alone safe.” The joint committee also said it believes the measure’s primary goals of licensing psychedelics service centers while broadly decriminalizing the substances for adults “likely undercut each other by creating two separate systems for the use of psychedelic substances.” “The petition would both create a system of state-licensed and taxed therapeutic facilities on the one hand and, on the other, decriminalize the cultivation, possession, and distribution of a variety of hallucinogenic and psychoactive substances,” it said. “Voters are, therefore, being asked to simultaneously establish a potentially costly licensure system that imposes regulations on the cultivation methods, quality of product and allowable means of engaging certain users, while at the same time making the same substances widely available for individual cultivation and use across the Commonwealth in a non-licensed manner.” Because the proposal would allow adults to legally possess certain amounts of psychedelics outside of a licensed center and “gift” the substances, lawmakers said that would likely lend to an unregulated market. “The Committee finds that this loophole would likely subvert the safety regulations imposed on licensed facilitators by permitting the growth of an unregulated, unlicensed marketplace,” the report says. Members further cautioned that the licensed psychedelics industry would face the same barriers to financial services that the existing marijuana market does due to federal prohibition, raising concerns about creating another cash-intensive marketplace that would pose public safety risks. “For these reasons, we, the majority of the Special Joint Committee on Initiative Petitions, recommend that ‘An Initiative Petition for a Law Relative to the Regulation and Taxation of Natural Psychedelic Substance’ (see House No. 4255) as currently drafted and presented to this Committee, OUGHT NOT TO BE ENACTED BY THE LEGISLATURE AT THIS TIME.” The report also noted that the committee received input from the state psychedelics advocacy group Bay Staters for Natural Medicine (BSNM), urging lawmakers to make various revisions to the legalization initiative. But the panel cited court precedent stipulating that the state Constitution only authorizes the legislature to “provide minor technical changes to an Initiative Petition.” MMHO, the campaign behind the initiative, didn’t waste any time launching a final signature gathering round to put the issue before voters this November. Jennifer Manley, a spokesperson for the campaign, told Marijuana Moment on Monday that they “weren’t surprised with the findings” in the report, though she pushed back on the idea that decriminalization and regulation provisions are in conflict. She said “there are restrictions and guardrails” in place under the measure that would protect against potential abuses. “We are really excited about it. We had to collect many in the fall—and in the process of doing so, you get to meet so many people who are already passionate about this issue, and then you have the chance to educate voters who are not,” she said. “So we had a really enthusiastic response in the fall, and we are expecting to have the same enthusiastic response now to have the signatures” for ballot placement. “When we started doing this—when we started gathering signatures in the fall—we didn’t know what we were going to encounter. You never know when you’re going out to public spaces,” she said. “And we were met with overwhelmingly positive support. It was great.” Here are the key details of the Natural Psychedelic Substances Act: Adults 21 and older could legally possess, grow and share certain amounts of psychedelics. The covered psychedelics and possession limits are: DMT (one gram), non-peyote mescaline (18 grams), ibogaine (30 grams), psilocybin (one gram) and psilocin (one gram). Those weight limits do not include any material that the active substances are attached to or part of. The penalty for possession of amounts of up to double the limit would be a $100 civil fine, with amounts above that remaining criminalized. A Natural Psychedelic Substances Commission would be created to oversee the implementation of the law and licensing of service centers and facilitators. The body, which is modeled on the state’s existing Cannabis Control Commission, would be required to enact rules for regulated access of at least one psychedelic by April 1, 2026. Regulations for the rest of the substances would need to be created by April 1, 2028. It would also need to start accepting applications by September 30, 2026. A Natural Psychedelic Substances Advisory Board would “study and make recommendations” to the commission about issues such as public health, regulations, training for facilitators, affordable and equitable access, traditional use of psychedelics and future rules, including possible additions to the list of legal substances. Psychedelics purchased at licensed facilities would be subject to a 15 percent excise tax, and localities would have the option of imposing an additional two percent tax if they permit the centers to operate in their area. Revenue would be used to fund regulation of the program. There are no provisions on expunging prior convictions for activities that would be made legal. Local governments could enact regulations on the time, location and manner of service centers, but they could not outright ban them from operating in their area. Adults could propagate psychedelics in a maximum 12X12 ft. space. There would be civil legal protections related to professional licensure, child custody and public benefits for people who participate in a legalized psychedelic activity. The effective date of the law would be December 15, 2024. The commission and advisory board would need to be created by March 1, 2025. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — The campaign first filed two different psychedelics reform initiatives in August, and after the state attorney general determined that they both met the constitutional requirement for ballot placement the following months, activists decided to pursue the version that included a home cultivation option. Eight cities across Massachusetts have enacted policies to locally deprioritize enforcement of laws against psychedelics, an effort that has been led by BSNM: Salem, Somerville, Cambridge, Easthampton, Northampton, Amherst, Provincetown and Medford. Meanwhile, a different Massachusetts legislative committee advanced a bill in February that would legalize psilocybin therapy in the Commonwealth and set up a framework to license facilitators who would supervise medical, therapeutic and spiritual applications of the drug. Separately, Gov. Maura Healy (D) in January drew attention to testimony around a veterans-focused bill that she’s introduced to create a psychedelics work group that would study the therapeutic potential of substances such as psilocybin. Another bill would authorize the Department of Public Health to conduct a comprehensive study into the potential therapeutic effects of synthetic psychedelics like MDMA. Rep. Mike Connolly (D) also filed a bill in 2021 that received a Joint Judiciary Committee hearing on studying the implications of legalizing entheogenic substances like psilocybin and ayahuasca. Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House Image courtesy of Kristie Gianopulos. The post Massachusetts Joint Committee Urges Lawmakers Not To Pass Psychedelics Legalization Initiative, Teeing Up Final Push For Ballot Placement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  27. The National Association of Criminal Defense Lawyers (NACDL) is calling on the Biden administration to decriminalize marijuana and commute the sentences of people still incarcerated over federal cannabis offenses. In a recent letter sent to White House officials, the association said it is advocating for the “immediate commutation of sentences, compassionate release and second chances for persons convicted of non-violent marijuana offenses.” The letter was sent last week, on the same day that it was revealed that the Drug Enforcement Administration (DEA) has agreed to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). “The continued prosecution of marijuana crimes continues to cause irreparable harm on real people and their families,” it says. “Men and women languish in federal prisons across this country for conduct today that has been legalized in many states and under statues that have been rewritten to reflect the evolving landscape in the field of marijuana.” NACDL then summarized the cases of four clients, “out of many, that deserve the President’s serious consideration in receiving presidential clemency, and what he has extolled as what every American deserves, and that is, a second chance.” The individuals are all serving decades-long sentences for non-violent cannabis convictions. “We hope that you will consider these clients, and the 26 other of our clients who are incarcerated for marijuana offenses and whose clemency petitions are pending before President Biden, in granting them clemency, and a second chance,” the letter concludes. NACDL News Release: Decriminalization of Marijuana and Clemency Urged for Non-Violent Cannabis Offenses: Nation’s Criminal Defense Bar Calls on President Biden Read more: https://t.co/ly2G4a7Wsv pic.twitter.com/1cy95YyW55 — NACDL (@NACDL) May 3, 2024 In a press release last week, NACDL President Michael Heiskell also weighed in on the administration’s move to reschedule marijuana, calling it a “positive step” but one that should be followed up with congressional action to legalize cannabis, enact regulations and “provide retroactive sentencing relief for individuals incarcerated for federal marijuana offenses.” While President Joe Biden has granted mass pardons for people who’ve committed federal marijuana possession offenses, he’s drawn a distinction with cases involving the cultivation and distribution of cannabis. Late last month, the president did issue another round of clemency to more than a dozen people with non-violent federal drug convictions, though none of them involved marijuana. Vice President Kamala Harris promoted the administration’s pardons at a White House event last month, reiterating that she doesn’t believe “people should have to go to jail for smoking weed.” She previously hosted cannabis pardon recipients at an earlier event where she called for marijuana legalization behind closed doors. Advocates are encouraged to see the administration continue to grant and promote clemency for people criminalized over drugs, but this latest round served as a reminder that thousands of people remain incarcerated over federal marijuana offenses. Last month, 36 members of Congress implored Biden to grant clemency to all Americans currently in federal prison over non-violent cannabis convictions by commuting their sentences, pointing out that the pardons he’s issued to date for simple possession cases did not release a single person from incarceration. But as the election approaches, it’s clear that the administration recognizes the popularity of cannabis policy reform. Both Biden and Harris touted their reform actions at exactly 4:20pm ET on the cannabis holiday 420 last month, for example. The president also discussed the marijuana actions in a historic context in March, during his State of the Union address. Florida GOP Formally Opposes Marijuana Legalization Ballot Initiative, Clearing Path For DeSantis To Fund ‘Counter Message’ Campaign The post Biden Should Release People In Prison For Marijuana, Criminal Defense Lawyers Group Tells White House appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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