The Drug Enforcement Administration (DEA) announced on Monday that it is taking steps to expand the number of federally authorized marijuana manufacturers for research purposes.
In the three years since DEA first said it would be accepting applications for cannabis manufacturers, the agency has received 33 submissions. In a notice of applications set to be published in the Federal Register on Tuesday, DEA said the “unprecedented” volume of inquiries makes it necessary to develop new regulations before approving pending applications.
.@DEAHQ is moving forward to facilitate and expand scientific and medical research for #marijuana by increasing the number of qualified growers for research. We’ve already increased by 40% in 2 years from 384 to 542. pic.twitter.com/Q26oggZefA
— DEA HQ (@DEAHQ) August 26, 2019
“DEA intends to propose regulations in the near future that would supersede the 2016 policy statement and govern persons seeking to become registered with DEA to grow marihuana as bulk manufacturers, consistent with applicable law,” the notice states, adding that the agency recognizes “the need to move past the single grower system and register additional growers.”
DEA will also open a public comment period for individuals interested in weighing in on the rulemaking process.
“I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” Attorney General William Barr, who previously voiced support for increasing the number of marijuana manufacturers, said in a press release. “The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can.”
DEA Announces Steps Necessary to Improve Access to Marijuana Research https://t.co/QY2PoRmRCA
— Justice Department (@TheJusticeDept) August 26, 2019
DEA said that approving applications for cannabis growers will produce “additional strains of marihuana” that will be “available to researchers.”
“This should facilitate research, advance scientific understanding about the effects of marihuana, and potentially aid in the development of safe and effective drug products that may be approved for marketing by the Food and Drug Administration,” the agency wrote.
That’s precisely what researchers have been asking for. Lawmakers and scientists alike have complained that the current source of federally authorized research grade cannabis—which is produced at a single facility at the University of Mississippi—is inadequate, with a chemical composition that’s closer to hemp than the marijuana that’s available to consumer in legalized state-level markets.
“DEA is making progress in the program to register additional marijuana growers for federally authorized research, and will work with other relevant federal agencies to expedite the necessary next steps,” DEA Acting Administrator Uttam Dhillon said. “We support additional research into marijuana and its components, and we believe registering more growers will result in researchers having access to a wider variety for study.”
Acting @DEAHQ Administrator Dhillon: “DEA is making progress…to register additional #marijuana growers for fed. authorized research…We support additional research… and we believe registering more growers will result in researchers having access to a wider variety for study.”
— DEA HQ (@DEAHQ) August 26, 2019
Rep. Matt Gaetz (R-FL), who has repeatedly criticized DEA for delaying the application approval process, told Marijuana Moment that he’s “thrilled to see that after three years, the DEA is finally moving forward with applications to manufacture cannabis for research purposes.”
The congressman also introduced legislation that would force the agency to approve additional cannabis growers. A previous version of that bill was approved by the House Judiciary Committee in a voice vote last year.
I'm thrilled to see that after three years, the DEA is finally moving forward with applications to manufacture cannabis for research purposes. During his Senate confirmation, AG Barr said that these applications would be processed, and he has kept his word.https://t.co/vt8mKjBOmO
— Rep. Matt Gaetz (@RepMattGaetz) August 26, 2019
“During his Senate confirmation, AG Barr said that these applications would be processed, and he has kept his word,” he said. “Having additional cannabis manufacturers will greatly aid American scientists and researchers. Today’s announcement is a victory for science, and brings us one big step closer to unlocking cures for America’s most vulnerable populations.”
Having additional cannabis manufacturers will greatly aid American scientists and researchers. Today’s announcement is a victory for science, and brings us one big step closer to unlocking cures for America’s most vulnerable populations. pic.twitter.com/w1nEQw1My4
— Rep. Matt Gaetz (@RepMattGaetz) August 26, 2019
Other marijuana reform advocates expressed skepticism about the announcement, however.
“Doing more research on the medicinal qualities of cannabis has near universal support, but the Trump administration has been dragging its heels on approving new licenses to produce cannabis for research,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment. “After years of bipartisan pressure, the administration has finally heeded to our demands. I will continue to monitor the DEA to make sure that these licenses actually get approved. This has already taken too long.”
“There is nothing in this new release that provides any sort of time-table as to when the agency intends to license these pending applications, some of which have been pending for well over two years,” Erik Altieri, executive director of NORML, said. “At this point, the DEA has had over three years to move forward with their initial promise to expand the number of licensed cultivators for marijuana research and the news today only reveals that in that time they have essentially achieved zero progress.”
“This is the very definition of kicking the can further down the road since they have indicated none of this will move forward without the finalization of new regulations, which is essentially the same thing they told the public in 2016,” he said.
Queen Adesuyi, policy coordinator for the Drug Policy Alliance, said that for decades “the greatest harm associated with marijuana use has been from its criminalization and overenforcement—not the substance itself.”
“The DEA’s proposed steps toward expanding marijuana research opportunities are modest steps in the right direction at best. The most critical way to open the flood gates of much needed and wanted marijuana research is to deschedule marijuana,” she said. “For as long as marijuana remains a scheduled drug, there will continue to be significant federal restrictions and barriers to research, in addition to the continued individual and community-level harms of maintaining federal criminalization.”
The agency said that the number of individuals who are registered to conduct cannabis research “has increased by more than 40 percent from 384 in January 2017 to 542 in January 2019” and similarly “DEA has more than doubled the production quota for marijuana each year based on increased usage projections for federally approved research projects.”
“DEA anticipates evaluating the applications and, of those applications that it finds are compliant with relevant laws, regulations, and treaties, granting the number that the agency determines is necessary to ensure an adequate and uninterrupted supply of the controlled substances at issue under adequately competitive conditions,” DEA said.
The note about compliance with treaties references an issue the agency has previously raised when addressing the grower applications. During his stint as acting attorney general, Matthew Whitaker blamed the delay on international treaties that he said “may not allow the way that marijuana has been handled from the grow facilities to the researchers.”
But those international agreements don’t actually prohibit the government from expanding marijuana manufacturers for research purposes, the State Department said in 2016.
The new notice says DEA has been consulting with other federal agencies “engaged in a policy review process to ensure that the marihuana growers program is consistent with applicable laws and treaties.”
“That review process remains ongoing; however, it has progressed to the point where DEA is able to issue Notices of Application,” it says. “Over the course of this policy review process, the Department of Justice has also determined that adjustments to DEA’s policies and practices related to the marihuana growers program may be necessary. Accordingly, before DEA completes this evaluation and registration process, DEA intends to propose regulations in the near future that would supersede the 2016 policy statement and govern persons seeking to become registered with DEA to grow marihuana as bulk manufacturers, consistent with applicable law.”
The announcement comes days before DEA was required under a federal court order to respond to a lawsuit concerning its inaction on cannabis manufacturer applications.
Dr. Sue Sisley, who belongs to the research facility that filed the lawsuit, told Marijuana Moment in a text message that the National Institute on Drug Abuse “monopoly is broken.”
DEA “didn’t want to explain themselves to D.C. Circuit Court, and there is little chance they can deny ALL 33” applications.
“So somebody NEW is FINALLY going to get to grow for research in U.S. after 51+ year government-enforced monopoly,” she said.
Sisley’s Scottsdale Research Institute was among those grower applicants listed in the Federal Register notice. Other notable applicants include Columbia Care NY, Confederated Tribes of the Colville Reservation, PharmaCan, the University of California at Davis and the University of Massachusetts.
In addition to moving forward on marijuana grower applications, DEA also clarified that hemp manufacturers “no longer require DEA registration for that purpose” since the crop was federally legalized under the 2018 Farm Bill and so “these applicants may respond in writing with a request to withdraw their applications.”
“Upon receipt of a request to withdraw an application that is received no later than November 1, 2019, DEA will refund all related application fees paid by the applicant,” DEA wrote. “In addition, any listed applicants who no longer wish to obtain registration for any other reason may also request to withdraw their application in writing, and DEA will refund all related application fees paid by the applicant, provided the withdrawal is received no later than November 1, 2019.”
This story was updated to include reaction from advocates.
Photo courtesy of Evan Johnson.
New Zealand Marijuana Legalization Trails In Early Referendum Results, But More Votes To Be Counted
A New Zealand referendum to legalize marijuana is trailing, according to preliminary election results released on Friday. But with hundreds of thousands of ballots remaining to be counted, the final outcome won’t be known until late next week.
Polls in the country closed on October 17, but elections officials don’t count referendum votes on election night. Instead, the preliminary results were tallied over the subsequent days and released Friday afternoon local time in New Zealand, with final results expected to be announced on November 6.
According to the initial election data, forty-six percent—1,114,485 people—voted for the referendum and 53 percent—1,281,818 people—were against it.
But the final outcome is still unknown. The early numbers don’t include an estimated 480,000 or more so-called special votes, which are expected to account for roughly 17 percent of all cast ballots. The category includes votes by citizens overseas, those who only recently registered to vote as well as people serving prison sentences of less than three years. It also includes students who are attending schools out of the districts where they are normally registered to vote.
— Electoral Commission | Te Kaitiaki Take Kōwhiri (@ElectoralCommNZ) October 30, 2020
Observers expect the special votes will be disproportionately in favor of legalization, which means the measure may still have a chance of passage.
Still, according to Justice Minister Andrew Little, it is “highly unlikely” that the result will flip when all is said and done. “For the cannabis referendum result to change it would require roughly 70 percent of the special votes to go in favor,” he said.
That said, Green Party MP Chlöe Swarbrick, who has been at the forefront of the nation’s legalization debate, said she remains “optimistic.”
“Today’s result shows what we had long assumed, that it was going to be really close and that we need to wait for the specials to be sure of the result,” she said. “We have said from the outset that this would always come down to voter turnout. We’ve had record numbers of special votes.”
Win or lose, New Zealand’s referendum marks the first time an entire country’s voters have been asked to decide whether to legalize cannabis. Unveiled in April, the federal government’s proposal would allow adults 20 and older to purchase and possess marijuana as well as cultivate up to two plants for personal use. The proposal would also open cannabis coffeeshops, where on-site consumption would be permitted.
A government levy on marijuana sales would be used to boost national health services, though it hasn’t yet been decided what the rate would be.
The public referendum resulted from a deal the country’s Green Party struck after agreeing to help install Labour Party leader Jacina Ardern as prime minister following the country’s 2017 election.
Passage of the referendum would make New Zealand just the third country with a national law allowing cannabis sales, following Uruguay and Canada. A handful of other nations, meanwhile, have policies allowing personal possession and home cultivation.
Going into the election, polls of likely voters showed a tight race, with opponents leading in some surveys and supporters ahead in others.
Even if voters are shown to have ultimately approved the referendum when all the ballots are counted next week, legalization wouldn’t happen automatically. Parliament would still need to enact the proposed legislation, and lawmakers could make changes along the way.
People with past cannabis-related convictions likely wouldn’t see their records cleared under the plan. Little, the minister of justice, said earlier this month that his office has no plans to erase past convictions even if the referendum passes. He nevertheless acknowledged that the drug war isn’t working.
“Up to 80 percent of New Zealanders are saying in surveys that they have at some time in their lives tried cannabis,” Little said. “Prohibition is not prohibiting cannabis. It’s in our communities, so it is time to decide on whether to control it.”
On provisional results of the two referendums voted on in the 2020 General Election, the electorate has voted in support of the End of Life Choice referendum, and against the Cannabis Legalisation and Control Bill becoming law. https://t.co/LVHKmH4c2l
— Andrew Little (@AndrewLittleMP) October 30, 2020
But on Friday, after the preliminary results were announced, the justice minister said that “there are no other plans that we have for broader drug reform.”
But if voters ultimately reject the measure, Ardern, the prime minister, has indicated there may still be a path forward for some reforms, even if it’s not full-scale legalization. The official, whose party won handily in this month’s elections, said use should be treated as a public health matter rather than a criminal justice problem.
“Regardless of the outcome of the vote, we will look at the way the Misuse of Drugs Act amendments are being applied, making sure we’ve got the addiction and treatment facilities that we need, and making sure those referrals are happening in the cases where they should,” she said on the campaign trail this month, according to the New Zealand Herald.
Ardern refused to say during the campaign whether she planned to vote for the referendum. But on Friday, after the preliminary results were announced, her office said that she voted in favor of it.
Mississippi Supreme Court Won’t Consider Challenge To Medical Marijuana Measure Until After Election
The Mississippi Supreme Court announced on Wednesday that it won’t weigh the merits of a last-minute legal challenge to medical marijuana ballot measures that voters will decide on next week until after Election Day.
The case, filed on Monday by the mayor of the city of Madison, alleges that state law was not properly followed to place the cannabis issue before voters.
The top state court had initially directed the secretary of state to respond to the complaint by the end of business on Wednesday. But in a new one-page order, Chief Justice Michael Randolph rescinded the earlier filing and instead asked that the official weigh in by next Friday, November 6—three days after voters will decide on the two competing medical cannabis measures that appear on their ballots.
Madison’s emergency petition cites a law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
“Petitioners’ challenge to the filing of the petition for Initiative Measure No. 65 is a challenge to form,” the filing from Madison Mayor Mary Hawkins Butler (R) says. “The measure could be about any topic, and its constitutional invalidity would remain. No matter what the content of the measure is, the petition signatures are insufficient under the plain language” of the Constitution until the lawmakers institute a fix.
“It is unfortunate that the Legislature’s failure means that the Constitution cannot be amended by initiative until either Section 273(3) is amended or Mississippi regains a congressional seat,” the lawsuit states, adding that the mayor isn’t necessarily against medical marijuana itself.
She wants the court to deem the placement of the legalization initiative unconstitutional and “issue whatever extraordinary writs appropriate” to nullify the vote.
Under the activist-driven reform measure, patients with debilitating medical issues would be allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be able to possess up to 2.5 ounces of marijuana per 14-day period.
Mississippians for Compassionate Care (MCC), the campaign behind the initiative, has faced a series of obstacles before and after qualifying for the state’s November ballot.
Most recently, President Trump’s reelection campaign issued a cease and desist order against the Mississippi advocates, claiming “unauthorized and misleading representation” of the president’s position on the reform measure in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.
But the primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After MCC qualified their measure by collecting signatures from voters, the legislature approved an alternative that is viewed as more restrictive. The result is a muddled ballot that requires voters to answer a two-step series of questions—and that potential confusion threatens to jeopardize the activist-led proposal.
The Mississippi State Medical Association and American Medical Association have also contributed to the opposition, circulating a sample ballot that instructs voters on how to reject Initiative 65.
Earlier this month, Gov. Tate Reeves (R) signed legislation that amends state law to allow people to obtain marijuana-derived medications that are approved by the Food and Drug Administration. He also reiterated his opposition to broader medical cannabis reform, stating that he’s “against efforts to make marijuana mainstream.”
In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve similarly posed a threat to the activist-driven reform initiative. But, to advocates’ relief, the legislation didn’t advance before lawmakers went home for the summer.
Mississippians for Compassionate Care Communications Director Jamie Grantham called the new lawsuit “meritless.”
“This is simply a last-ditch effort by political and bureaucratic opponents to deny relief to patients with 22 specific debilitating medical conditions,” she said.
This isn’t the first time that this election cycle that courts have been involved in state-level cannabis legalization ballot initiatives.
The Montana Supreme Court last week rejected a lawsuit seeking to invalidate a marijuana legalization measure that will appear on the state’s November ballot.
With weeks before the election, opponents asked the court to quash the measure, arguing that because it involves appropriating funds, it violates state statute on citizen initiatives. The court didn’t weigh in on the merits of the case; rather, it said the petitioners with the reform campaign failed to demonstrate “urgency or emergency factors” that would justify moving the case into its jurisdiction instead of going through trial and appeals courts first, which opponents said they will now do.
In neighboring Nebraska, the state Supreme Court ruled last month that a measure to legalize medical cannabis that had qualified for the November ballot could not proceed because it violated the state’s single-subject rule for ballot initiatives.
Activists there are already pursuing a simplified medical cannabis measure for 2022.
Read the Mississippi chief justice’s order below:
Cory Booker Urges New Jersey Voters To Legalize Marijuana As Data Shows Supporters Outraising Opponents
Another one of the most prominent elected officials in New Jersey is urging the state’s voters to approve a marijuana legalization referendum that’s on their ballots next week. Meanwhile, new campaign finance data released by the state shows that supporters of the cannabis reform measure are outraising opponents by more than a 200-to-1 ratio.
“This is an important question,” Sen. Cory Booker (D-NJ) said in a new video published by the NJ CAN 2020 campaign on Wednesday. “I hope as you fill out the front of your ballot, you will look at the back and see that question, ballot question number one, and that you will vote to legalize marijuana in New Jersey for adult use. We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”
Booker, who has been a leading champion for federal cannabis reform in Congress, said that “we have seen how the drug war has not been a war on drugs, but a war on people.”
“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help. They’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said, adding that African Americans, Latinos and low-income people are also disproportionately targeted by enforcement.
Meanwhile, a report released on Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised $2,074,030 in campaign contributions. That’s compared to just $9,913 brought in by opponents.
“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”
The new numbers reflect data filed through October 20, and additional post-election spending data will be released on December 1.
Earlier numbers released two weeks ago pegged the fundraising disparity at a ratio of nearly 130 to 1.
If voters approve the referendum, legal recreational marijuana sales could potentially begin within mere weeks through the state’s existing medical cannabis dispensaries under a plan laid out this week by the New Jersey Senate Judiciary Committee chairman.
A hearing to get a head start on planning legal cannabis implementation was scheduled for last week, but that was canceled when the senator went into quarantine after being exposed to someone who tested positive for COVID-19.
Booker, for his part, is framing legalization as a matter of criminal justice reform.
“It will help us to join with other states who are seeing through legalizing you could better regulate its usage, you can have more and more tax dollars that can be applied to state priorities, from education to treatment,” Booker said in his new video. “And, we see how we begin to end what has been a very dark and unfair chapter in criminal justice in America.”
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next week.
A survey released last week found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released this month by Stockton University showed three-to-one support for legalizing cannabis among New Jersey voters.
Gov. Phil Murphy (D) has also been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020 released a series of English- and Spanish-language video ads this month, after having published one prior ad.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.