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Tag: federal marijuana prohibition

  • Biden Won't Legalize Marijuana Because It May Be "A Gateway Drug"

    Biden Won't Legalize Marijuana Because It May Be "A Gateway Drug"

    The former VP is holding his ground on opposing marijuana legalization despite its overall acceptance amongst his presidential candidate peers.

    During a recent town hall in Las Vegas, former Vice President Joe Biden reinforced his anti-marijuana legalization stance, citing the lack of evidence of its effects as a major issue.

    “The truth of the matter is, there’s not nearly been enough evidence that has been acquired as to whether or not it is a gateway drug,” Biden said during the Vegas townhall, according to Business Insider. “It’s a debate, and I want a lot more before I legalize it nationally. I want to make sure we know a lot more about the science behind it.”

    Back in March, Andrew Bates, a campaign spokesperson for Biden, solidified the former VP’s stance on marijuana — Biden believed that the Schedule I drug should be decriminalized and that states should be able to make decisions about legalizing it. 

    States Rights

    “Vice President Biden does not believe anyone should be in jail simply for smoking or possessing marijuana. He supports decriminalizing marijuana and automatically expunging prior criminal records for marijuana possession, so those affected don’t have to figure out how to petition for it or pay for a lawyer,” Bates said in a statement to CNN. “He would allow states to continue to make their own choices regarding legalization and would seek to make it easier to conduct research on marijuana’s positive and negative health impacts by rescheduling it as a Schedule II drug.” 

    Currently, marijuana is classified as a Schedule ! drug alongside heroin and LSD. This scheduling makes researching the drug and its possible short and long-term effects extremely difficult.

    “Indeed, the moment that a drug gets a Schedule I, which is done in order to protect the public so that they don’t get exposed to it, it makes research much harder,” NIDA Director Nora Volkow said, according to Marijuana Moment. “This is because [researchers] actually have to through a registration process that is actually lengthy and cumbersome.”

    Not Enough Evidence

    The debate over whether marijuana is a gateway drug is ongoing. The CDC says more research is needed to make that determination while the National Institute on Drug Abuse also appears to suggest there is not enough evidence to declare marijuana a gateway drug. 

    Studies have shown that while there is a correlation between marijuana use and the use of other drugs, the same can be said of alcohol and tobacco. But multiple studies say there is not enough evidence to prove that it specifically leads to the use of harder drugs.

    Biden’s stance on marijuana legalization goes against many of his fellow democratic candidates for president.

    Where Other Presidential Candidates Stand

    Kamala Harris took to Twitter on Monday, Nov 18, to laud her new bill and take a jab at Biden.

    “Let’s be clear: marijuana isn’t a gateway drug and should be legalized. Glad to see my bill with Rep. Nadler take the next step in the House this week.” Harris’s new bill would remove marijuana from the Controlled Substances list altogether, expunge marijuana-related crimes from records and protect people of color from being dicriminated against for marijuana use or possession.

    Cory Booker, Bernie Sanders, Elizabeth Warren, Andrew Yang, Pete Buttigieg, Julian Castro all support marijuana legalization. 

    View the original article at thefix.com

  • DEA May Be Coming Around On Expanding Marijuana Research

    DEA May Be Coming Around On Expanding Marijuana Research

    The DEA will finally review potential growers of marijuana used in research, which is currently very limited in quantity and quality.

    After years of delaying progress that would expand the supply of marijuana for research, the Drug Enforcement Administration (DEA) announced Monday that it will move forward with reviewing potential marijuana growers. 

    The agency issued a regulatory filing and held a press conference on Monday. 

    “I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” said Attorney General William Barr in a statement. 

    One Grow Facility

    Right now, scientists who want to study cannabis must use marijuana grown by one University of Mississippi facility, the only grower that has a contract with the National Institute on Drug Abuse (NIDA) to legally grow cannabis. This limits the amount of marijuana research that can be done, as well as the quality of the product being studied.

    In 2016, the DEA announced that it would accept applications from other organizations seeking to grow cannabis for research, but it never approved any permits. 

    That prompted one scientist, Dr. Sue Sisley, director of Scottsdale Research Institute, to sue the agency, alleging that the current arrangement is a monopoly on marijuana growth. “The bottom line is scientists need access to options,” Sisley told NPR.

    Sisley’s lawsuit likely prompted the DEA’s action on Monday, Think Progress reported. 

    Shane Pennington, who is on Sisley’s legal team, said that although the announcement may have seemed dry, it was monumental. “Until today, no one could do anything. We were handcuffed, in limbo,” he said. “Now they’ve done something. It’s a huge, huge deal.”

    Still, he was a bit apprehensive, saying, “I have high hopes, but I’ll believe it when I see it.” 

    Matt Zorn, a lawyer for the Scottsdale Research Institute, said that he is “cautiously optimistic” following Monday’s announcement. “It’s a positive first step because we were stuck in a kind of administrative limbo,” he said. 

    Catch-22

    Zorn explained how marijuana’s Schedule I status creates a catch-22. 

    “On the one hand, you can’t do the research with good, high-quality cannabis because it’s a Schedule I drug. On the other, it’s a Schedule I because nobody can really do the research,” he said.

    Sisley pointed out that getting approval to grow cannabis for research is just the first step. Then, scientists will need to grow marijuana that is comparable to the high-quality pot that people obtain from dispensaries. 

    “We haven’t really won anything until scientists are finally utilizing real-world cannabis flower in their clinical trials,” she said.

    View the original article at thefix.com

  • Surgeon General: "This Ain't Your Mother's Marijuana"

    Surgeon General: "This Ain't Your Mother's Marijuana"

    “While the perceived harm of marijuana is decreasing, the scary truth is that the actual potential for harm is increasing,” Surgeon General Jerome Adams says.

    US Surgeon General Jerome Adams and Health Human Services Secretary Alex Azar issued a warning Thursday (Aug. 28) about the dangers of marijuana, particularly for young people and pregnant women.

    During the conference, Adams warned that new marijuana strains are more powerful, and thus more dangerous: “This ain’t your mother’s marijuana,” he said, according to ABC News. 

    The press conference was held to announce a new advisory and public outreach campaign to raise awareness about the risks of marijuana on brain health. Adams said that research shows that marijuana is particularly dangerous for developing brains. That includes the brains of fetuses, since cannabis use by a pregnant woman can affect her fetus, he said.

    Normalizing Marijuana

    At the event, Adams and Azar pushed back on the idea that marijuana is safe. Adams said that the “rapid normalization” of cannabis use is concerning, and that many users might be misinformed about the health risks of using pot.

    “While the perceived harm of marijuana is decreasing, the scary truth is that the actual potential for harm is increasing,” he said. “Not enough people known that today’s marijuana is far more potent than in days past. The higher the THC delivery, the higher the risk.”

    Azar pointed out that in addition to being harmful, marijuana is still fully illegal under federal law. 

    “State laws on marijuana has changed, but the science has not. And federal law has not,” he said.”

    It’s true that cannabis today is more potent than plants smoked in the past. According to the surgeon general, there was a three-fold increase in the potency of pot between 1995 and 2014. In addition, the proliferation of highly concentrated cannabis products, which are popular for vaping and in edibles, is concerning. 

    Concentrated Marijuana

    Using concentrated marijuana products — which about a quarter of teens admit doing — can increase risk for future drug use, a recent study found. 

    This is especially concerning because concentrated marijuana doesn’t share the same potent smell as other cannabis products, and it can be difficult for parents to identify. 

    Dr. Abigail Schlesinger, chief of the behavioral science division at UPMC’s Children’s Hospital of Pittsburgh, told NBC News that parents need to be aware of cannabis concentrates, and that they can have long-term effects for teens.

    “Parents need to know about the risks,” Schlesinger said. “This is not your grandparents’ cannabis. It’s more concentrated. And there’s a lot of reason to believe that in the adolescent years, it alters brain development.”

    View the original article at thefix.com

  • Kamala Harris Introduces Comprehensive Marijuana Reform Bill

    Kamala Harris Introduces Comprehensive Marijuana Reform Bill

    “It is the most sweeping marijuana reform bill ever in Congress,” says the Drug Policy Alliance.

    New legislation introduced in Congress would decriminalize marijuana on the federal level and work toward dismantling years of damage inflicted by the decades-long “War on Drugs.”

    The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act) was introduced in the Senate on Tuesday (July 23) by Senator Kamala Harris, with companion legislation sponsored by House Judiciary Committee Chairman Jerry Nadler in the House of Representatives, CNN reported.

    The bill is endorsed by major drug policy reformers including the National Organization for the Reform of Marijuana Laws (NORML), the American Civil Liberties Union, and the Drug Policy Alliance.

    Inside The MORE Act

    “It is the most sweeping marijuana reform bill ever in Congress,” the DPA stated. “It would de-schedule marijuana at the federal level to let states set their own policies without interference and begin to repair the extensive damage done by prohibition.”

    The MORE Act would remove marijuana from Schedule I under the Controlled Substances Act, enacted in the 1970s. Under this designation, marijuana is defined by the federal government as a drug with no medical value and a high potential for abuse. Heroin, ecstasy and LSD also reside in the Schedule I category.

    By removing cannabis from Schedule I, each state will be given the opportunity to establish its own marijuana policy. And it would remove a major roadblock for marijuana research, which has been hindered by its Schedule I status for years.

    Three-Part Funding

    The bill would also channel tax revenue from the marijuana industry to go toward the three-part Opportunity Trust Fund, as outlined by the Daily Beast.

    The first part of the fund, the Community Reinvestment Grant, would provide job training, literacy programs, and re-entry services “for individuals most adversely impacted by the War on Drugs,” according to the bill’s text.

    The second, the Cannabis Opportunity Grant, would provide money to marijuana businesses owned by people who are economically and socially disadvantaged.

    And the third, the Equitable Licensing Grant, would reduce barriers to participating in the marijuana industry by, for example, waiving cannabis license application fees to people who live well below the Federal Poverty Level.

    “Times have changed—marijuana should not be a crime,” said Senator Harris, who is also a 2020 presidential hopeful, in a statement. “As marijuana becomes legal across the country, we must make sure everyone—especially communities of color that have been disproportionately impacted by the War on Drugs—has a real opportunity to participate in this growing industry.”

    Eleven states and the District of Columbia have passed legal recreational marijuana laws. And 33 states and D.C. have passed legal medical marijuana laws.

    View the original article at thefix.com

  • Hemp Legalization Complicates Marijuana Prosecutions In Texas

    Hemp Legalization Complicates Marijuana Prosecutions In Texas

    There are only two accredited labs in the state that can determine the difference between hemp and marijuana.

    As more states legalize hemp, prosecutors are dropping marijuana-related cases because of difficulties distinguishing it from marijuana. 

    “Everybody is struggling with this,” Peter Stout told The New York Times. Stout is the president of the Houston Forensic Science Center, a lab that does analysis for law enforcement agencies including the Houston Police Department. 

    What Is The Difference?

    Hemp and marijuana are different strains of the cannabis sativa plant. Under federal law, hemp was legalized as part of the 2018 Farm Bill. The bill described hemp as a cannabis plant containing less than 0.3% THC, the active ingredient in marijuana that gets people high. Many state laws align with this definition. 

    While that distinction is clear legislatively, it remains difficult to determine the difference between marijuana and hemp both by physical appearance and in court. 

    “It’s not different at all,” Bob Gualtieri, sheriff in Florida’s Pinellas County, told the Tampa Bay Times. “I wish it was pink. That would make it easier.”

    In Texas, many prosecutors have dropped or declined to prosecute cases involving marijuana because there are only two labs that are accredited with the state that can determine the difference between marijuana and hemp. Prosecutors who cover Houston, Austin and San Antonio have all stopped pursuing cannabis crimes. 

    Republican lawmakers in Texas recently sent a letter to prosecutors, chastising them for dropping cannabis cases. 

    Understanding The Law

    “Some of you have recently dismissed marijuana possession cases or announced you will not prosecute misdemeanor marijuana possession cases without a lab test,” the letter reads. “Marijuana has not been decriminalized in Texas, and these actions demonstrate a misunderstanding of how H.B. 1325 works.”

    The letter goes on to say that lab tests are not required to prove that a substance is marijuana, not hemp. 

    “Failing to enforce marijuana laws cannot be blamed on legislation that did not decriminalize marijuana in Texas,” the letter reads. 

    However, Harris County District Attorney Kim Ogg said that lab testing “has long been required” to prosecute marijuana cases. 

    Texas lawyer Brandon Ball agreed. “The law is constantly changing on what makes something illegal, based on its chemical makeup,” he said. “It’s important that if someone is charged with something, the test matches what they’re charged with.”

    Even the Drug Enforcement Administration has trouble distinguishing between hemp and marijuana. Earlier this year, the agency put out a call for a device that could properly identify the substance out in the field.

    Seeing a business opportunity, companies are scrambling to make a fast and affordable test to distinguish between the two. Syndicate Alliance is one company in the process of creating a field test kit for determining whether a substance is marijuana or hemp. John Waldheim, COO and co-founder of the company, said that he expects to distribute 30,000 kits before the end of the summer. 

    He said, “It’s like an overnight sensation.”

    View the original article at thefix.com

  • Debate Swells Over Medical Marijuana And Gun Ownership

    Debate Swells Over Medical Marijuana And Gun Ownership

    Currently it is illegal to possess both marijuana and a legal firearm, even if you are using marijuana for a medical purpose.

    “Is allowing the combination of high-powered pot and gun use a good idea?” queries Alex Halperin of The Guardian.

    This debate is no joke. It involves the clashing of numerous contentious elements—federal marijuana prohibition, state marijuana legalization, the second amendment of the U.S. Constitution and growing tension around gun policy as Americans have numbed to the frequency of mass killings.

    Currently it is illegal to possess both marijuana and a legal firearm, even if you are using marijuana for a medical purpose. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made this clear in a 2011 Open Letter to All Federal Firearms Licensees:

    “Federal law prohibits any person who is an ‘unlawful user of or addicted to any controlled substance’ from shipping, transporting, receiving or possessing firearms or ammunition… There are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.”

    The same goes for anyone selling or providing firearms or ammunition to people who use marijuana.

    Marijuana remains a controlled substance—i.e. a prohibited drug—in the eyes of the federal government. Under the Controlled Substances Act marijuana is defined as having no medical value and a high potential for abuse.

    Some see this rule as a violation of their constitutional right to bear arms. In April, the governor of Oklahoma signed House Bill 2612, barring state or local agencies from denying medical marijuana patients “the right to own, purchase or possess a firearm just because they’re a medical marijuana patient.”

    And a federal bill introduced in the House of Representatives (also this past April), H.R. 2071, would extend this protection across all states where medical marijuana use is legal.

    “Why am I going to give up one of my rights because I found an organic plant that some are uncomfortable with? I’m not going to do that. I’m not going to trade my rights like baseball cards,” said Joshua Raines, a 31-year-old Army veteran, according to the Dallas News.

    Using CBD oil reduced the number of Raines’ seizures from up to 40 per month to just two or three. But he’s opted to stay out of Texas’ Compassionate Use Program, which allows CBD for intractable epilepsy, because he does not want to give up his right to purchase a firearm. So according to state policy, Raines’ use of medical marijuana is illegal.

    Halperin suggests that with the current lack of sufficient research on the effects of marijuana (due to the fact that it is restricted by the federal government) allowing marijuana users access to firearms may “exacerbate” gun violence in the U.S.—though he does acknowledge the anecdotal evidence that medical marijuana has helped many people including Raines.

    As access to marijuana—both medical and recreational—expands as more states legalize it, the debate will also grow from here.

    View the original article at thefix.com

  • House Votes To Prevent Feds From Enforcing Pot Laws In Legal States

    House Votes To Prevent Feds From Enforcing Pot Laws In Legal States

    The Democrat-led arm of Congress seeks to keep federal marijuana enforcement out of places where citizens have voted it legal.

    The feds at the Department of Justice will no longer be able to enforce marijuana laws in legal states if the House of Representatives gets its way, Marijuana Moment reports.

    While the House is majority Democrat, the measure passed with a floor vote of 267 to 165, meaning the effort was bipartisan. If it passes, the DOJ will no longer have a say regarding state laws that govern recreational use, growing pot or selling the stuff.

    “This is the most significant vote on marijuana reform policy that the House of Representatives has ever taken,” said Justin Strekal, Political Director at NORML. “Today’s action by Congress highlights the growing power of the marijuana law reform movement and the increasing awareness by political leaders that the policy of prohibition and criminalization has failed.”

    Members of the marijuana industry welcomed the news.

    “The historic nature of this vote cannot be overstated,” said Neal Levine, CEO of the Cannabis Trade Federation. “For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws.”

    The bill had bipartisan sponsorship coming from Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC) and Tom McClintock (R-CA).

    “I do not believe the federal government has that authority, but even if it did, states should determine their own criminal justice policies,” wrote Rep. McClintock to his colleagues before the vote. “This is how our constitutional system was designed to function.”

    A similar measure failed the floor vote in 2015, but widespread support for legalization has only grown since then.

    “The end of marijuana prohibition has never been closer. When Drug Policy Alliance (DPA) and a small band of allies first worked on this amendment in 2015, we were told that we didn’t stand a chance,” said the DPA Director of National Affairs, Michael Collins. “But we convinced members this was the right thing to do, and four years on, victory is sweet.”

    This isn’t the only victory for sensible drug policy that has recently made its way through the House. On Thursday, the House voted in favor of the establishment of regulations for CBD. Rep. Alexandria Ocasio-Cortez (D-NY) was also able to divert $5 million from the DEA to opioid treatment programs, but failed to push through a measure that would allow more research on the effects of psychedelics.

    View the original article at thefix.com

  • Chuck Schumer, Hakeem Jeffries Unveil Marijuana Decriminalization Bill

    Chuck Schumer, Hakeem Jeffries Unveil Marijuana Decriminalization Bill

    Schumer and Jeffries announced the bill in a video where they discussed its provisions and intended impact.

    A pair of Democratic lawmakers have partnered on a new bill that seeks to decriminalize marijuana at the federal level.

    Senate Minority Leader Chuck Schumer and Representative Hakeem Jeffries joined forces for the Marijuana Freedom and Opportunity Act, which would remove marijuana from the federal Controlled Substances Act, while also offering support to small business owners involved in cannabis-related industries and funding toward the Department of Justice (DOJ) to support expungement programs for marijuana convictions at the state and local level.

    The bill is the second such effort in two years for Schumer, who, in describing the bill, said, “What we’re saying is very simple. Let each state do what it wants.”

    Schumer and Jeffries announced the bill in a video where the two discussed the bill’s provisions and intended impact. Decriminalization, as Schumer noted, will allow the states to create their own legislation regarding marijuana and remove concerns for sellers, distributors and users about federal prosecution.

    The bill also includes the aforementioned expungement program funds for the DOJ, which Jeffries said would “[create] opportunity and economic space [that] will be tremendous.”

    He also noted that removing criminal marijuana charges would change the course of “lives and communities that have been ruined in large measure by the overcriminalization.”

    Small cannabis business owners, especially women or people of color, will also benefit through support from the Small Business Administration, which is included in the bill. “Let’s not have some big fancy corporation, some big tobacco company make all the money,” said Schumer in the video. Additionally, the Huffington Post reported that the bill will provide millions of dollars for research into the effects of marijuana on brain function and driving impairment.

    “The Marijuana Freedom and Opportunity Act is a phenomenal step forward in terms of social, racial and economic justice in the context of what many people view as the failed War on Drugs that has been with us for decades,” said Jeffries.

    As High Times noted, the bill will most likely face opposition from Senate Republicans, but it’s not clear how Donald Trump will respond. The president previously voiced support for a legalization bill introduced by Senator Cory Gardner (R-Colorado) in 2018.

    View the original article at thefix.com

  • Marijuana Could Disqualify Immigrants From US Citizenship

    Marijuana Could Disqualify Immigrants From US Citizenship

    Any association with marijuana could be considered an issue in establishing “good moral character,” which is a requirement for citizenship.

    Immigrants who are found to have any involvement with marijuana—from possession and distribution, to medical marijuana use, to working in a cannabis company—could bar immigrants from earning citizenship, even in states where marijuana is legal.

    New guidelines issued by U.S. Citizenship and Immigrant Services (USCIS) state that any violation of the Controlled Substances Act could be considered as an undermining factor in establishing “good moral character” (GMC), which is a requirement for citizenship.

    Though medical marijuana is legal in 33 states and the District of Columbia, and recreational marijuana is legal for adults in 10 states and D.C., marijuana remains a Schedule I drug, and as such, remains prohibited by federal law.

    The new guidelines (released on April 19) were issued as clarification for the USCIS Policy Manual about how an arrest for any involvement in marijuana-related activity could upend an immigrant’s efforts towards citizenship.

    USCIS stated in the memo that a “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing GMC for naturalization even where the conduct would not be a violation of state law.”

    USCIS policy defines good moral character as behavior that “measures up to the standards of average citizens in which the applicant resides.”

    A naturalization officer would determine an applicant’s GMC according to his or her record, statements provided during the application, and oral testimony from an interview.

    Applicants for naturalization who are found to have violated the federal law through “marijuana-related activities” may be considered to lack GMC. Such activities include possession, distribution, cultivation or manufacture of marijuana, regardless of its legal status in a state.

    As CBS News noted, even jobs associated with the cannabis industry or use of medical marijuana could be denoted as a violation.

    “U.S. Citizenship and Immigration Services is required to adjudicate cases based on federal law,” said USCIS spokesperson Jessica Collins to CBS News. “Individuals who commit federal controlled substance violations face potential immigration consequences under the Immigration and Nationality Act, which applies to all foreign nationals regardless of the state or jurisdiction in which they reside.”

    The exception to this policy is if the violation is a single offense for simple possession of 30 grams or less of marijuana. 

    View the original article at thefix.com

  • Cannabis Reform May Be Right Around The Corner

    Cannabis Reform May Be Right Around The Corner

    “It would not be shocking to see the end of federal marijuana prohibition signed into law this year,” said Tom Angell, a marijuana reform advocate.

    The influx of new members in the U.S. House of Representatives and the ousting of certain key anti-marijuana figures from the federal government could herald the approach of a “green tide,” according to a recent report released by Politico.

    Along with the many Democrats who claimed seats in the House, new governors from both parties appear to be significantly more cannabis-friendly as well, as more states legalize medical and recreational marijuana.

    The departure of U.S. Attorney General Jeff Sessions could also pave the way to federal legalization, or at least a change from marijuana’s current status as a Schedule I substance—a federal designation reserved for the most dangerous substances including heroin. 

    Although the attorney general was seen as a serious obstacle to pro-cannabis legislation, Smoke Wallin, president of the cannabis company Vertical, was much more concerned about U.S. Representative Pete Sessions.

    This past November, Rep. Sessions lost his bid for re-election. As chairman of the House Rules Committee, he was active in blocking any legislation involving cannabis from reaching the House floor.

    With Rep. Sessions gone, cannabis experts are expecting that the backlog of bills will soon be addressed, and members of Congress are reportedly “lining up” to file new pro-cannabis bills.

    Steve Cohen (D-Tenn.) and Don Young (R-Alaska) have reintroduced the CARERS Act, which would “expand marijuana research, allow VA doctors to discuss pot with veteran patients and prevent the federal government from meddling with state-legal programs,” Politico reports. However, the bill would keep the Schedule I designation for cannabis.

    The appropriately-named HR 420, also known as the Regulate Marijuana like Alcohol Act, would “de-schedule” marijuana so that it is no longer treated as a dangerous substance and allow it to be regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

    With the Senate still under Republican control, led by Senator Mitch McConnell, who has been hesitant to support pro-cannabis legislation in the past, it may remain difficult to make change through the Senate. However, experts are encouraged by the recent legalization of hemp through the 2018 Farm Bill.

    “It would not be shocking to see the end of federal marijuana prohibition signed into law this year,” said Tom Angell of Marijuana Moment. “This is the first time that actually seems achievable.”

    View the original article at thefix.com