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CDC Official Pushes Back Against Congressman Linking Legal Marijuana To Vaping Deaths

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A top official with the Centers for Disease Control and Prevention (CDC) emphasized on Wednesday that the majority of vaping-related injuries associated with THC-containing cartridges are being traced back to the illicit market, rather than state-legal cannabis shops.

During a hearing before the House Appropriations Labor, Health and Human Services, Education, and Related Agencies Subcommittee, Rep. Andy Harris (R-MD) argued that the spike in vaping issues throughout the country demonstrates that states prematurely implemented legal marijuana markets, putting consumers and young people in particular at risk.

But that’s not quite an accurate reflection of what preliminary data has shown, CDC Principal Deputy Director Anne Schuchat said in reply.

“Is the feeling that the states have gone ahead basically approving these THC-containing substances through regulation when they were basically unhealthy?” Harris asked. “They basically didn’t have the scientific information about whether this was safe, but they were approving these compounds—is that right?”

“I mean they were legally sold, is that what you’re saying? They were legally sold, they ended up hurting our children and these are when the states claim, ‘don’t worry, it’s all safe, we’ll regulate it,’’” he continued. “We don’t have the knowledge to know what’s safe and what isn’t, do we?”

While there are knowledge gaps, Schuchat explained that legal dispensaries don’t appear to be the hub of contaminated products.

“Let me clarify, for the lung injury outbreak, while the vast majority report using THC-containing pre-filled cartridges, they report getting them from informal sources or off the street, not necessarily from licensed dispensaries,” Schuchat said. “So far that’s what we found, but we’re still gathering data.”

Harris also asked the official whether the roughly eight percent of adolescents who report using THC-containing vaping products are using them for medical or recreational purposes, seemingly assuming that those individuals obtained them from state-legal sources and not the illicit market.

“We probably ought to study the use of marijuana a little bit more before we go willy-nilly and make it available recreationally throughout the country,” Harris said. “There’s a big discussion about medical versus recreational, are these eight or nine percent, are they using it because they have the usual indications that people claim for medical marijuana or are they just using it recreationally? What’s your feeling, doc?”

“We don’t have data. There’s a lot of anecdote,” Schuchat replied. “But one thing I would say is there’s a lot of debate out there about whether legal status makes things better or worse in the states because some of our concerns right now are about the counterfeit and black market—whether the substances that are in products that are completely unregulated by the states are riskier than the products that are regulated by the states.”

“I don’t think we have good data either way, but that’s a discussion that’s happening,” she said.

Harris followed up by asking whether states are regulating THC cartridges, and the CDC official said that’s the case in states where such products are legal but that each state “has to set up their own plan on how they’re going to do the regulation.”

Former Food and Drug Administration Commissioner Scott Gottlieb has also discussed regulatory limitations associated with having a state-by-state approach and argued that states are ill-equipped when it comes to enforcement. Gottlieb said last week that the federal government should be involved in regulating state markets when it comes to policies on THC potency and permitted methods of consumption, for example, though he argued that vaping cannabis should be banned outright.

One regulation that’s enforced across the board in adult-use states is a 21 and older age requirement to purchase cannabis products. And experts believe that the reason most lung injuries and deaths are being linked to “informal sources” is because some illicit producers are adding thickening agents to the THC oil that are dangerous to inhale, which is something that would be prohibited under quality control standards imposed in legal marijuana markets.

There have been rare instances where individuals who experienced lung problems reported purchasing vaping products from licensed dispensary, including a case in Oregon that led to a man’s death, but regulators have stressed that it remains unclear whether those legally obtained products are at fault.

“It doesn’t necessarily mean the individual got sick from products that they had purchased at these dispensaries, we just know that the individual shopped at a couple of dispensaries prior to getting ill,” Jonathan Modie, spokesperson for the Oregon Health Authority, told Willamette Week. “We’re still waiting to get samples of the products and then we send that off for testing.”

CDC released a report last week that recommended people abstain from using vaporizer products that contain THC, noting the prevalence of cases where the compound was involved. The agency added that the “possibility that nicotine-containing products play a role in this outbreak cannot be excluded” and therefore it “continues to recommend that persons consider refraining from using e-cigarette, or vaping, products that contain nicotine.”

Some observers neglected to acknowledge that nuance, however, with prohibitionist group Smart Approaches to Marijuana and Politico nonetheless reporting that CDC advised against the use of cannabis vaping products exclusively.

Earlier in Wednesday’s House subcommittee hearing, lawmakers asked about CDC’s research efforts into the health risks of THC, and Rep. Jaime Herrera Beutler (R-WA) expressed surprise after learning that CDC isn’t actively funding any studies into the subject.

“We don’t have a marijuana funding line through your appropriations,” Schuchat said. “We have broader lines that we use to support the core work that we do, but we’re not funded to do research on marijuana.”

Herrera Beutler (R-WA) said she’s “ready to help step up and get you what you need,” but that “you’re the doctors and the researchers” and the committee needs CDC’s help in order to best steer resources.

Former FDA Chief Wants Federal Government To Regulate State Marijuana Markets

Photo courtesy of YouTube/House Appropriations.

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Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Connecticut Governor Says He’s Open To Smoking Marijuana After He Signs Legalization Bill

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The governor of Connecticut said on Friday that he isn’t ruling out smoking marijuana after he formally signs a legalization bill into law next week.

While most top politicians might still demure when asked if they’d partake in cannabis given ongoing stigma and federal prohibition, Gov. Ned Lamont (D) said matter-of-factly that “time will tell” when asked by a reporter if people can “expect to see the governor smoking a joint” after legalization goes into effect in the state.

News 12’s John Craven replied incredulously, “Really? You’re open to it?”

The governor first shrugged, then nodded his head yes.

“Not right now, but we’ll see” Lamont said.

Other governors in legal states have been playful about cannabis culture and their own relationship to the plant. But while a growing number of lawmakers are comfortable discussing their past marijuana use, this is a fairly remarkable exchange for the sitting top executive officer of a state.

It’s also a sign of the times, as congressional lawmakers step up the push to end federal prohibition and legalization bills move through numerous state legislatures.

Connecticut lawmakers sent Lamont an adult-use legalization bill on Thursday, and he’s confirmed his intent to sign it into law. It would make the state the 19th to have enacted the policy change and the fourth this year alone.

And while the governor has consistently emphasized the important of social equity in legalization legislation—at one point threatening to veto the bill because of a provision he felt could undermine its intent to effectively stand up disparately impacted communities—he also seems to see the personal benefits of the reform.

Similar to Lamont’s new comments, Washington Gov. Jay Inslee (D) raised some eyebrows in 2018 when he said in an interview that he grows cannabis himself. But then a spokesperson for his office denied that he actually personally cultivates marijuana.

Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says

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Even though a Minnesota House-passed marijuana legalization bill died in the Senate without action by the end of this year’s regular session, a top lawmaker says there’s still a “possibility to move forward” on cannabis reform as part of a special session that began this week.

“Nobody really expected the medical program to be so successfully changed this year,” House Majority Leader Ryan Winkler (D) said at a rally with cannabis reform advocates on Wednesday, referencing a separate measure Gov. Tim Walz (D) signed last month that will allow patients to access smokable cannabis products.

According to The Star Tribune, Winkler added that “surprising things can happen” during a special session. “When you see Republican support and Democratic support in the House and Senate, there is a possibility to move forward.”

Advocates with Minnesota NORML are pushing for several specific policies to be incorporated into legislation that is set to be taken up by the legislature during the special session. The first is to expand the state’s decriminalization policy, and the second is to have the state petition for a federal exemption for Minnesota’s medical cannabis program.

Part of the motivation behind that latter proposal is to ensure that registered patients are able to lawfully purchase and possess firearms in spite of federal restrictions.

At the rally, which was organized by NORML, Republicans Against Marijuana Prohibition (RAMP) and other groups, Winkler and several other lawmakers spoke in favor of modest policy changes such as decriminalizing cannabis.

“Decriminalizing small amounts is important,” Rep. Jeremy Munson (R), one of only a handful of Republicans who voted for Winkler’s broad adult-use legalization bill, said at the rally. “If someone in Minnesota gets caught with two gummy bears, it’s a felony and they’ll lose their gun rights forever.”

The coalition proposed several key reforms that they say should be integrated into public safety and health legislation that’s currently moving through committee during the special session:

-Further reduce penalties for simple possession of marijuana.

-Allow people convicted of possession up to eight grams of cannabis to petition the courts for expungement.

-Require the Minnesota health commissioner to petition the Drug Enforcement Administration (DEA) for an exemption for its medical marijuana program.

”Reducing or eliminating the criminal penalties we’re seeing around marijuana is where we have consensus,” Thomas Gallagher of RAMP said in a press release. “Let’s focus on the people who have small quantities. There is injustice in a trivial amount of marijuana resulting in life-changing punishments like imprisonment, criminal records, and lost jobs and kids.”

Similar to the Minnesota activists’ call, Iowa officials have requested that federal agencies guarantee some level of protection for people participating in the state’s medical marijuana program.

The Hawaii legislature adopted a resolution in April seeking an exemption from DEA stipulating that the state is permitted to run its medical cannabis program without federal interference.

Back in Minnesota, the House approved a bill last month to legalize marijuana for recreational use following 12 committee assignments. That legislation stalled in the GOP-controlled Senate, however.

Advocates are hopeful about the possibility that further cannabis reforms could be accomplished in the special session, but they see an obstacle in Senate Majority Leader Paul Gazelka (R), who has been relatively silent on the issue since the end of the regular session.

He did previously say, however, that “we’re always said we were open to lowering the criminal penalties [for marijuana].”

The decriminalization legislation that advocates are rallying behind would make possession of up to eight grams of cannabis a petty misdemeanor. It would also make people with prior convictions for that level of possession eligible for expungements.

Under the separate medical cannabis expansion bill that the governor has signed, adults 21 and older will be able to access smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.

Dispensaries could also provide a curbside pickup option for patients under the new law. It further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.

Walz, who hadn’t been especially vocal about legalization as the broader legislation advanced during the regulator session, said, “I’ve thought for a long time about that,” adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”

“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”

The majority leader’s legalization legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

California Senator Previews Next Steps For Psychedelics Bill And Says It’s A Step Toward Decriminalizing All Drugs

Photo courtesy of Mike Latimer.

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Maine Lawmakers Approve Bill To Decriminalize All Drugs On 50th Anniversary Of Nixon’s ‘War On Drugs’

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The Maine House of Representatives on Thursday approved a bill to decriminalize possession of all currently illicit drugs, delivering a victory to reform advocates on the 50th anniversary of President Richard Nixon’s declaration of the war on drugs.

The Senate also began consideration of the legislation on Thursday, but has not yet taken a vote.

The proposal, LD 967, was approved in 77-62 vote in the House. It would make possession of controlled substances for personal use punishable by a $100 fine, without the threat of incarceration. That fine could also be waived if a person completes a substance misuse assessment within 45 days of being cited.

“We are continually trying to criminalize a symptom of a disease. It hasn’t worked. It won’t work,” Rep. Charlotte Warren (D), who serves as the House chair of the legislature’s Criminal Justice and Public Safety Committee, said before the vote. “We have tried criminalizing this disease for decades, and 11 Mainers a week are dying.”

Rep. Anne Perry (D), sponsor of the bill, said that incarcerating people who are suffering from addiction “only proves to them that they are as bad as they think they are” and perpetuates the cycle of substance misuse. “Law enforcement is not the gateway to treatment and recovery. It’s a gateway to isolation and suicide.”

The measure’s passage flies in the face of Gov. Janet Mills (D), whose administration opposes the reform, as does the state attorney general. Coupled with opposition from Republican legislators, the bill faces an uphill battle to final passage.


Marijuana Moment is already tracking more than 1,100 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 Senate also began consideration of the legislation on Thursday night, adopting a different committee report than the House approved, but setting it aside as unfinished business before taking a final vote on the bill. The version moving forward in that chamber would similarly impose a $100 fine for possession, but only for the first two offenses. Subsequent offenses would be considered Class E crimes that could carry jail time.

These actions come one month after a joint House and Senate committee advanced the decriminalization bill with several conflicting recommendations, as well as another measure to reform the state’s drug trafficking laws.

Supporters of the legislation include the American Academy of Pediatrics’s Maine Chapter, Maine Medical Association, Alliance for Addiction and Mental Health Services in Maine and Maine Council of Churches.

Thursday’s decriminalization vote represents a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.

For the first time ever, a congressional bill to federally decriminalize possession of controlled substances—and incentivize states to do the same—was formally introduced on Thursday.

Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.

Vermont lawmakers also introduced a bill in March that would end criminal penalties for possessing small amounts of drugs in the state.

Also that month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.

Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.

Senators Publicly Pressure Key Chairman For Vote On Marijuana Banking Bill

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