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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

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

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New York Marijuana Regulatory Board Is Officially Completed With Governor’s Final Appointments

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New York Gov. Kathy Hochul (D) on Wednesday announced her final two appointees to regulate the state’s adult-use marijuana market—a key step toward implementing the legalization law signed by her predecessor.

Hochul named two additional Cannabis Control Board members weeks after the Senate confirmed previous appointees earlier this month. The newly named regulators—Reuben McDaniel III of the Dormitory Authority of the State of New York and Jessica García of the UFCW labor union—do not require confirmation by lawmakers.

“New York’s cannabis industry has stalled for far too long—I am making important appointments to set the Office of Cannabis Management up for success so they can hit the ground running,” the governor said in a press release. “I am confident Mr. McDaniel and Ms. Garcia will serve the board with professionalism and experience as we lead our state forward in this new industry.”

Hochul (D), who replaced former Gov. Andrew Cuomo (D) last month after he resigned amid a sexual harassment scandal, has been supportive of the legislature’s passage of the adult-use legalization bill this year. And while her predecessor faced criticism as negotiations with legislators on potential appointments stalled, Hochul has now taken the helm and is working with leaders on how to move the process forward.

Under New York’s legalization law, the independent Office of Cannabis Management within the New York State Liquor Authority was established and will be responsible for regulating the recreational cannabis market as well as the existing medical marijuana and hemp programs. It will be overseen by a five-member Cannabis Control Board.

Three members have now been appointed by the governor, and the Senate and Assembly have also appointed one member each.

As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.

The first recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees earlier this month.

In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.

Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.

Under the law as enacted, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation late last week that would push that deadline back one year.

Legalization activists aren’t buying the argument, however.

Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.

The state comptroller recently projected that New York stands to eventually generate $245 million in annual marijuana revenue, which they say will help offset losses from declining tobacco sales.

For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.

USDA Wants To Help Hemp Farmers Weed Out Weeds (But Not The Marijuana Kind)

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USDA Wants To Help Hemp Farmers Weed Out Weeds (But Not The Marijuana Kind)

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The U.S. Department of Agriculture (USDA) is teaming up with university researchers to figure out the best ways to keep weeds out of hemp.

To clarify, they want to develop strategies to stop invasive weeds from disrupting hemp cultivation. Not the marijuana kind of weed, but actual weeds.

USDA’s National Institute for Food and Agriculture (NIFA) has granted Cornell University $325,000 to support the weed management study for hemp, which was federally legalized under the 2018 Farm Bill.

It will be a three-year, “multi-institution, multistate” initiative designed to “provide growers with evidence-based, location-specific recommendations to suppress weeds and maximize yields,” according to a press release.

Lynn Sosnoskie, assistant professor in the School of Integrative Plant Science at Cornell, will lead the research project.

“The prohibitions on hemp production meant prohibitions on hemp research,” she said. “I get a lot of questions about weed control in hemp, and we don’t have a lot of answers other than generalities. What we’re hoping to do is fill in those details.”

Researchers will investigate potential factors related weed infestations such as planting different varieties, growing the crop at different times and weather impacts. As it stands, farmers have largely relied on trial and error for weed management, Dan Dolgin, co-owner of New York’s first licensed hemp production business, said.

“We’ve kind of been our own R&D,” Dolgin said. “Our big challenge as an organic grower is how to prevent weeds. That’s where we need more experience with growing hemp.”

Virginia Tech, Southern Illinois University, North Dakota State University and Clemson University will also be involved in the hemp study.

USDA also announced last month that it is moving forward with a large-scale survey to gain insight into the hemp market.

After requesting permission from the White House earlier this year to conduct the survey of about 20,000 hemp farmers, the agency’s National Agricultural Statistics Service recently said that the forms are being finalized to be filled out via mail or online.

USDA is asking questions about plans for outdoor hemp production, acreage for operations, primary and secondary uses for the crop and what kinds of prices producers are able to bring in. The questionnaire lists preparations such as smokeable hemp, extracts like CBD, grain for human consumption, fiber and seeds as areas the department is interested in learning about.

Last year, USDA announced plans to distribute a separate national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the industry.

That survey is being completed in partnership with National Association of State Departments of Agriculture and the University of Kentucky. The department said it wanted to learn about “current production costs, production practices, and marketing practices” for hemp.

There’s still much to learn about the burgeoning market, even as USDA continues to approve state regulatory plans for the crop. Most recently, the agency approved a hemp plan submitted by Colorado, where officials have consistently insisted that the state intends to be a leader in the space.

While USDA’s final rule for hemp took effect on March 22, the agency is evidently still interested in gathering information to further inform its regulatory approach going forward. Industry stakeholders say the release of the final rule is a positive step forward that will provide businesses with needed guidance, but they’ve also pointed to a number of policies that they hope to revise as the market matures such as USDA’s hemp testing requirements.

The federal Small Business Administration’s Office of Advocacy expressed a similar sentiment in a blog post in February, writing that it is “pleased with some of the changes that [USDA] has made to the rule, as they offer more certainty and are less burdensome to small farmers,” but “some concerns remained unaddressed in the final rule.”

USDA announced in April that it is teaming up with a chemical manufacturing company on a two-year project that could significantly expand the hemp-based cosmetics market.

Meanwhile, the U.S. Department of Energy (DOE) announced last month that it is sponsoring a project to develop hemp fiber insulation that’s designed to be better for the environment and public health than conventional preparations are.

California State Fair Will Host Marijuana Competition For The First Time At 2022 Event, Officials Announce

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Oklahoma Activists Finalize Language For Two 2022 Marijuana Ballot Initiatives

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Oklahoma marijuana activists have finalized the language of initiatives to legalize adult-use marijuana and remodel the state’s existing medical cannabis program that they hope to place on the 2022 ballot.

Oklahomans for Responsible Cannabis Action (ORCA) released draft versions of the proposals earlier this summer, and the group has been soliciting feedback on how best to refine the measures. The group announced on Tuesday that after taking that input into account, they’ve arrived at final text.

Under the recreational legalization measure, adults 21 and older would be able to possess up to eight ounces of marijuana that they purchase from retailers, as well as whatever cannabis they yield from growing up to 12 plants for personal use.

Marijuana sales would be subject to a 15 percent excise tax, and the initiative outlines a number of programs that would receive partial revenue from those taxes. The money would first cover implementation costs and then would be divided to support water-related infrastructure, people with disabilities, substance misuse treatment, law enforcement training, cannabis research and more.

The measure also lays out pathways for resentencing and expungements for those with marijuana convictions.

Oklahoma voters approved medical cannabis legalization at the ballot in 2018. Unlike many state medical marijuana programs, it does not require patients have any specific qualifying conditions; doctors can recommend cannabis for any condition they see fit.

Activists with ORCA want to revamp the program, however. The separate initiative would establish the Oklahoma State Cannabis Commission (OSCC) to oversee all areas of the medical marijuana system. It would also set a seven percent excise tax on medical cannabis sales, with revenue supporting marijuana research, rural impact and urban waste remediation, agriculture development, mental health response programs, substance misuse treatment and more.

But while the measures would appear separately on the ballot if they qualify, activists view them as complementary.

A key example of that is how the adult-use measure calls for a gradual decrease of medical marijuana tax, which would reach zero percent within one year of its enactment. Also, within 60 days of enactment, the state’s existing medical cannabis dispensaries would be permitted to sell to the recreational market.

Oklahoma activists had previously attempted to qualify a legalization measure for the 2020 ballot. They filed a petition to legalize cannabis for adult use in December 2019, but signature gathering fell short due in part to procedural delays and the coronavirus pandemic.

Both of the newly finalized initiatives would be constitutional amendments, meaning activists will need to collect at least 177,958 valid signatures from registered voters on each to qualify them for the ballot.

Oklahoma is one of a growing number of states where activists are working to place drug policy reform before voters next year.

Florida marijuana activists are making another push to place adult-use legalization before voters in 2022, recently filing a new petition with the state after previous versions of the reform were rejected by the state Supreme Court earlier this year.

South Dakota cannabis advocates are now ramping up for a signature gathering effort to put legalization on the 2022 ballot as the state Supreme Court continues to consider a case on the fate of the legal cannabis measure that voters approved last year.

New Hampshire lawmakers are pursuing a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

Nebraska marijuana activists announced recently that they have turned in a pair of complementary initiatives to legalize medical cannabis that they hope to place on the state’s 2022 ballot.

Ohio activists recently cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

And it’s not just marijuana measures that reform activists are seeking to qualify for state ballots next year. A California campaign was recently cleared to begin collecting signatures for an initiative to legalize psilocybin. And advocates in Washington State have announced plans to put a proposal to decriminalize all drug before voters.

Read the text of the Oklahoma adult-use and medical marijuana initiatives below: 

Click to access oklahoma-marijuana-initiatives.pdf

U.S. House Approves Marijuana Banking Reform As Part Of Defense Spending Bill

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