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FDA And CDC Issue Warnings On Delta-8 THC Products Derived From Hemp

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The Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) on Tuesday issued warnings to consumers about the potential risks of the cannabinoid delta-8 THC, a psychoactive compound that has grown in popularity but exists in an especially grey regulatory space.

While lawmakers have specified that hemp is only federally legal if it contains no more than 0.3 percent delta-9 THC, the most commonly known and naturally occurring cannabinoid, there’s generally a lack of rules governing delta-8 THC, which can be synthesized using CBD from legal hemp.

FDA and CDC have taken notice of the growing availability and demand for delta-8 THC, which is being sold in states regardless of whether they’ve legalized marijuana. And the agencies say they’re seeing a significant uptick in reported adverse health effects from people who are using it.

“It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context,” FDA said. “They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets.”

The agency said some delta-8 products are being labeled as “hemp,” which could mislead consumers who are seeking non-intoxicating cannabinoids from the plant. And from December 2020 to July 2021, FDA said it has logged 22 adverse events reports from people who’ve experience symptoms such as “vomiting, hallucinations, trouble standing, and loss of consciousness.”

“The FDA is also concerned that delta-8 THC products likely expose consumers to much higher levels of the substance than are naturally occurring in hemp cannabis raw extracts,” it said. “Thus, historical use of cannabis cannot be relied upon in establishing a level of safety for these products in humans.”

There are further concerns that the chemical process of synthesizing delta-8 THC from CBD could lead to contaminated products.

“The rise in delta-8 THC products in marijuana and hemp marketplaces has increased the availability of psychoactive cannabis products, even in states, territories, and tribal nations where non-medical adult cannabis use is not permitted under law,” CDC said. “Variations in product content, manufacturing practices, labeling, and potential misunderstanding of the psychoactive properties of delta-8 THC may lead to unexpected effects among consumers.”

Despite issuing the warnings, however, neither agency proposed banning the production or sale of the cannabinoid. CDC encouraged consumers to be aware of possible misleading labeling and said retailers should “provide information to consumers about the psychoactive qualities of delta-8 THC.”

“Retailers selling cannabis products should report total THC content on product labeling, including ingredients like delta-8 THC that may be synthetically produced to create a psychoactive effect,” it said.

State lawmakers and regulators are also aware of the increased consumer interest in delta-8 products and have taken various steps to either enact rules around, or outright ban, the cannabinoid. In Kentucky, for example, the state agriculture department banned the distribution of delta-8 THC, while Michigan put its Marijuana Regulatory Agency in control of the product and set an age limit of 21 for its use.

Paul Armentano, deputy director of NORML, told Marijuana Moment that the rise of delta-8 THC is a result of marijuana policy conflicts that have left gaps in access to traditional cannabis products.

“We share some of these agencies’ concerns regarding the unregulated nature of these grey-market products. Of course, the artificial market demand for these products is largely an outgrowth of marijuana prohibition,” he said. “Were whole-plant cannabis available legally, consumers would have little to no interest in experimenting with these unregulated imitations. But, absent widespread regulated access to cannabis, these unregulated producers and distributers are all too happy to fill this void.”

New York’s First Marijuana Retail License Applications Are Now Being Accepted By An Indian Tribe

Photo by Kimzy Nanney.

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House Officially Passes Defense Bill With Marijuana Banking Protections, But Key Senators May Block Path Ahead

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The U.S. House of Representatives on Thursday approved a large-scale defense spending bill that includes an amendment to shield banks that works with state-legal marijuana businesses from being penalized by federal regulators. Now advocates and industry stakeholders are left wondering: what’s the fate of the reform in the Senate? And can it make it to the president’s desk?

New comments from Sen. Cory Booker (D-NJ)—who’s helping lead the charge to advance comprehensive marijuana legalization and who has been severely critical of efforts to enact banking reform first—signal that the path to pass the incremental policy change through the National Defense Authorization Act (NDAA) could be in jeopardy in the Senate. Other key senators have also expressed skepticism about the reform’s prospects through this process.

For supporters, things may have been more simple if the Senate had moved to include cannabis banking reform in its own version, but the text of NDAA released by Senate Armed Services Committee on Wednesday does not contain that language. That means the matter will need to be settled in a bicameral conference committee after the full Senate formally passes its bill. At that point, negotiators from both chambers will work to resolve differences between their separate proposals.

Already, there’s pushback from key senators to including the Secure and Fair Enforcement (SAFE) Banking Act in the NDAA that’s ultimately sent to President Joe Biden. That’s not especially surprising considering that leadership, including Senate Majority Leader Chuck Schumer (D-NY), has insisted on passing comprehensive justice-focused marijuana legalization first rather than advance an incremental reform on banking. But recent statements do raise questions about the prospects of enacting the reform through the defense bill.

It’s not that the SAFE Banking Act is partisan or especially controversial on its face; it’s a matter of legislative priorities for certain senators and a question of germaneness in NDAA. As of Tuesday, when the reform amendment was officially attached to the House version of the bill, it has now passed five times in the chamber, usually along largely bipartisan lines.

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He was optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing legalization legislation that they hope to see move first.

“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”

“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”


Marijuana Moment is already tracking more than 1,200 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.

Some advocates have expressed support for enacting the achievable banking policy change while working to build support for more comprehensive reform.

“Enactment of the SAFE Banking Act would improve public safety and business efficiency in the 36 states that currently permit some form of retail marijuana sales,” NORML Political Director Justin Strekal said. “The Senate should ensure this provision remains in the final version of this funding package and enact it swiftly.”

“The SAFE Banking Act is only the first step toward making sure that state-legal marijuana markets operate safely and efficiently,” he said. “The sad reality is that those who own or patronize these currently unbanked businesses would still be recognized as criminals in the eyes of the federal government and by federal law. This situation can only be rectified by removing marijuana from the list of controlled substances.”

Schumer and certain other senators, meanwhile, have insisted the banking issue should be tackled by holistically ending marijuana prohibition. They argue that it is inappropriate to pass what is seen as an industry-focused reform that helps businesses and investors while leaving unaddressed the harms of decades of racially disparate prohibition enforcement that should be addressed with equity-focused legalization.

Booker, who is helping Schumer alongside Senate Finance Committee Chairman Ron Wyden (D-OR) to produce a final legalization bill has said he would proactively work to block any senators who attempt to get marijuana banking reform passed before enacting social justice-focused legalization legislation.

And Booker told Politico on Wednesday that cannabis banking is “something that should not be included” in NDAA.

“It undermines the ability to get comprehensive marijuana reform and the kind of things that are harder to get done like expungement of people’s records,” he said, echoing a point that Schumer made in an interview with Marijuana Moment in April. And a spokesperson for the majority leader affirmed that his position has not changed in light of the House development.

Should a senator propose a floor amendment to the chamber’s version of the defense bill to incorporate SAFE Banking, Booker left open the possibility of standing in its way.

Sen. Jeff Merkley (D-OR), sponsor of the standalone Senate version of the SAFE Banking Act, also declined to say whether he would push to attach the reform to NDAA and told Politico he’d “love to see if we can even do the more comprehensive [reform]—that’d be even better.”

Senate Armed Services Committee Chairman Jack Reed (D-RI), meanwhile, told Roll Call that the issue hasn’t been discussed by members of his panel. And bipartisan supporters of the reform—including Sens. Brian Schatz (D-HI) and Rand Paul (R-KY)—told the outlet they weren’t certain that the Senate would pursue marijuana banking through NDAA.

Schatz also said that Senate Minority Leader Mitch McConnell (R-KY) “doesn’t like” the marijuana banking proposal, and so “he’s going to have to consult with the Republicans in his conference who are in favor of this reform, but so far he’s been blocking it.”

Based on these comments, it seems increasingly clear that the effort to enact SAFE Banking through the must-pass defense bill faces a tough road ahead. And despite bipartisan support for the proposal on its own, it’s an open question as to whether the negotiators in committees of jurisdiction will be able to reach a consensus.

At an initial meeting of the House Rules Committee about NDAA on Monday, House Armed Services Committee Chairman Adam Smith (D-WA), who is managing the bill for the chamber, acknowledged that while some members might consider certain amendments “superfluous” to defense spending matters, the annual legislation has been used as a vehicle to advance non-germane legislation in the past. He added, though, that doing so has historically required the issues at hand to have broad bipartisan support in order to survive the House-Senate conference committee process.

He didn’t specifically cite the cannabis banking proposal, but Perlmutter himself said earlier in the hearing that “whether something is superfluous is always in the eyes of the beholder,” signaling that he feels his measure’s germaneness in this context is up for interpretation.

Smith said that “whatever superfluous items the Rules Committee decides to put in order and get attached to this bill, we go to conference, and in conference, we work in a bipartisan fashion.”

But beyond Smith and Reed, it will also be up to leading members of key committees that handle banking issues to decide whether the measure gets a ride to the president’s desk in NDAA.

“We’re not going to pull one over on anybody here. We’re going to have to work with committees of jurisdiction—not just the chairs, but the ranking members as well—to come to some agreement on those before we go forward,” he said. “So if you see an item that you consider to be superfluous being added to the bill, don’t freak out.”

The chair’s comments about needing support from leaders of committees of jurisdiction raise questions about whether the amendment stands a chance in conference with the Senate following House approval. Not only did House Financial Services Committee Ranking Member Patrick McHenry (R-NC) vote against the standalone SAFE Banking Act this year and in 2019, but on the Senate side, even Banking Committee Chairman Sherrod Brown (D-OH) has been generally unenthusiastic about advancing the reform.

On the flip side, House Finance Services Committee Chairwoman Maxine Waters (D-CA) is a supporter of the banking reform and brought it through her panel last Congress. Senate Banking Committee Ranking Member Pat Toomey (R-PA), for his part, has previously voiced support for advancing the SAFE Banking Act.

Perlmutter has said that he appreciates that Senate leadership is pushing for a more comprehensive end to federal marijuana prohibition—and he agrees with Booker that promoting social equity is an important objective—but he feels the SAFE Banking Act is urgently needed to address public safety issues resulting from the industry’s lack of access to traditional financial institutions.

Some of the strongest proponents for broad reform like Rep. Earl Blumenauer (D-OR) voted in favor of the SAFE Banking Act in April despite the body yet having taken up a legalization measure this session.

FBI Clarifies That Using Marijuana More Than 24 Times Disqualifies Would-Be Agents

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Mississippi Lawmakers Reach Deal On Medical Marijuana Legalization, Plan To Request Special Session

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Lawmakers reached a deal on key provisions such as which agencies should be responsible for regulating the medical cannabis market.

By Geoff Pender, Mississippi Today

Legislative negotiators and leaders have agreed on a draft of medical marijuana legislation, and are anticipated to ask Gov. Tate Reeves (R) as early as Friday to call the Legislature into special session, sources close to the negotiations said Thursday.

Legislative leaders on Thursday released some details of the proposal—which had been kept close to the vest for months—such as that cities and counties will be allowed to “opt out” of having medical marijuana cultivation or dispensaries, although local voters can override this.

Negotiations have dragged on throughout the summer on crafting a medical marijuana program to replace one passed by Mississippi voters in November but shot down in May by the state Supreme Court on a constitutional technicality.

House Speaker Philip Gunn (R) in a Thursday interview on a Supertalk radio show said he believed the House and Senate leadership and negotiators are “in agreement” on a draft bill, and he believes both chambers have the votes to pass such a measure. He said he planned to get together with Lt. Gov. Delbert Hosemann (R), then barring any last minute glitches “inform the governor we are ready.”

Other sources close to the negotiations on Thursday told Mississippi Today they anticipate that request to the governor would happen as soon as Friday. Reeves has sole authority to call lawmakers into special session, and would set the date and parameters of a special session. Although legislative leaders have expressed interest in dealing with COVID-19 and other issues in a special session, Reeves has appeared unwilling but said he would call a session for medical marijuana, pending lawmakers are in agreement and he agrees with the measure.

Gunn in his radio interview on Thursday gave some particulars of the bill, but said “don’t hold me to it” and deferred to Rep. Lee Yancey, (R), the lead House negotiator on the measure. Yancey has worked with Sen. Kevin Blackwell, (R), the lead Senate negotiator. Blackwell could not immediately be reached for comment on Thursday.

Yancey gave Mississippi Today some highlights of the draft bill, which would be subject to changes by the full Legislature. They include:

Cities and counties could opt out. Voters could opt back in. City councils or aldermen, or county boards of supervisors, within 60 days of passage of legislation, could opt out from allowing cultivation or dispensing of medical marijuana within their borders. However, voters could gather 1,500 signatures, or signatures of 20 percent of voters, whichever is less, and force a referendum on the issue. If such a referendum to allow it fails, voters could try again in two years, similar to state alcohol referenda. Yancey said that under the draft measure, “Once it’s in, it’s in,” meaning once approved, a locality could not come back and ban it.

“This gives businesses the certainty they need to get started,” Yancey said. “No licenses will be issued the first 60 days after passage for cultivation and processing, and licenses (for cannabis use) and dispensaries wouldn’t start until the 90th day.”

Smoking cannabis would be allowed. There had been debate on whether Mississippi’s program would allow smoking of cannabis by patients, as most states with programs allow, or prohibit it, as Alabama does with its recently approved program.

“There are those who have certain debilitating conditions who need the effects of medical cannabis to take effect immediately,” Yancey said. “Ingesting a gummy or something like that could take 45 minutes to an hour. Whether it’s terrible seizures or pain and suffering or not being able to eat, there are those who need relief as immediately as possible… There are those who look at this from a bias of recreational use, but that’s not apples to apples, not fair. There are people who are suffering, who need the palliative relieve medical cannabis can provide, and our main goal is to allow people who are suffering terrible illnesses to get relief.”

Medical marijuana would be subject to sales tax and an excise. The state’s sales tax, currently at 7 percent, would be levied on medical marijuana, as well as a $15 an ounce excise. Yancey said the goal was to have a 5 percent excise, but that going rates for marijuana vary by potency and product, so the weight-based tax was the easiest way to get near that mark. Weight for edibles and other product would be based on the cannabis weight, not food or other product. Yancey said this tax rate would put Mississippi roughly in the middle of states with legalized medical cannabis.

“The going rate for mid-range (marijuana flower) is about $300 an ounce, so if you do the math, $15 an ounce would be around the 5%,” Yancey said. “If a product sold for lower, you would pay higher than that rate, if sold for more, you would pay less.”

Outdoor growing would not be allowed. Lawmakers during hearings this summer were told by officials from other states that regulating growing and safety of medical marijuana is easier with indoor growing facilities.

State Health Department would be in charge, with Department of Revenue, Agriculture Commission sharing some responsibilities. The Mississippi State Department of Health would oversee the state’s medical marijuana program, but the state’s taxing and agriculture agencies would share some regulatory duties. State Agriculture Commissioner Andy Gipson has told lawmakers he will not participate in regulating medical marijuana because marijuana is still federally illegal. Gipson has threatened to sue if lawmakers try to force him to participate.

Yancey said the proposal would allow Gipson to subcontract growing regulations to someone else.

“For instance, if the Board of Pharmacy said it was interested in regulating the plants—like they do with compounding pharmacies—they could do it,” Yancey said. “In a sense Andy wouldn’t have to do it himself, he could farm it out, no pun intended.”

Preference would be given to in-state companies. Yancey said cultivators would be licensed in tiers—from “micro cultivators” to large ones, based on square footage of canopy space. Micro growers, under 2,000 square feet, would have to be “100 percent Mississippi resident participation.” Larger ones initially would have to have 35 percent Mississippi ownership, but that requirement would be repealed after one year. Yancey said this could help Mississippians be involved in the business, but help the state avoid lawsuits other states have faced from out-of-state growers. Yancey said there would be a similar setup for processors, based on amount of pounds of product they produce.

Potency would be regulated. Yancey said there would be THC potency limits of 30 percent on flower, 60 percent on concentrates and infused products. He said any product above 30 percent THC would have to have a warning label.

This story was first published by Mississippi Today.

Mississippi Agriculture Department Should Have No Role In Medical Marijuana Regulation, Commissioner Tells Lawmakers

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Feds Fund Study Into Whether Psilocybin Can Help People Quit Smoking Cigarettes

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A top federal drug agency is funding a study into how psilocybin could help people quit smoking cigarettes—one of the latest examples of the government’s growing interest in psychedelic therapy.

The National Institute on Drug Abuse (NIDA) recently approved the grant, which will enable researchers at Johns Hopkins University (JHU), New York University and the University of Alabama at Birmingham to explore how so-called magic mushrooms can help people curb their addiction to cigarettes.

Matthew Johnson, a professor at JHU who will be a lead investigator in the study, announced the grant funding on Monday. He said he believes that this is the “first grant from the US government in over a half century to directly study therapeutics of a classic psychedelic.”

The research initiative will be a “multi-center, high-risk clinical study” into the therapeutic potential of psilocybin in tobacco addiction. It would build on earlier research that’s indicated that the psychedelic could play a valuable role in substance misuse disorders.

“This is extremely encouraging. Public funding for psychedelic science is critical,” Peter Hendricks, a University of Alabama professor who will be involved in the study, told Truffle Report. “My hope is that this opens the door to further scientific inquiry, and ultimately, the advancement of a treatment paradigm that has the potential to alleviate suffering across the globe.”

Johnson at JHU has been proposing a pilot study into the medical value of psilocybin for this treatment since 2014, stressing in a paper for the Journal of Psychopharmacology at the time that “despite suggestive early findings on the therapeutic use of hallucinogens in the treatment of substance use disorders, rigorous follow-up has not been conducted.”

Now NIDA is putting money toward the research project. But the parameters of the study and the level of funding is unclear. Johnson didn’t reply to several requests for comment.

There’s a sense of urgency to invest in psychedelics research, especially given that a new federal survey identified a rise in the use of hallucinogenic among young adults at the same time that alcohol consumption is declining.

NIDA Director Nora Volkow told Marijuana Moment in a recent interview that the increased media attention to psychedelics research, and the reform movement to loosen restrictions on these substances, is contributing to that trend.

“People start to discover the potential that these drugs have for therapeutics and the current trials that are ongoing,” she said. “This takes on a momentum because the ideal world of having a drug that can cure things very dramatically [is appealing].”

It makes sense that JHU would be take a lead role in the NIDA-backed research project.

Researchers at the university have been studying psychedelics for decades, and in 2019, it launched a first-of-its-kind psychedelics research center. The Center for Psychedelic and Consciousness Research has focused primarily on potential therapeutic uses for psychedelics, such as smoking cessation and treatment for depression, Alzheimer’s disease, anorexia and opioid withdrawal.

Interest in the therapeutic potential of psychedelics is growing, and there are some early signals that the issue may even be bipartisan.

Rep. Dan Crenshaw (R-TX), a veteran who recently moderated a conversation with a top psychedelics reform advocate, recently filed an amendment to a defense bill that would have allowed the secretary of defense to approve grants for research into the medical value of certain psychedelics such as MDMA, psilocybin, ibogaine and 5–MeO–DMT for active duty military members with post-traumatic stress disorder. That measure wasn’t allowed a House floor vote to the large-scale legislation, however, but it’s another example of how the issue is gaining momentum at the highest levels of government.

A former Republican congresswoman also recently touted the therapeutic benefits of psychedelics, sharing the story of how a close family friend was able to recover from alcoholism with the help of psilocybin.

The psychedelics reform movement is also continuing to grow.

Last week, California activists were cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state.

Detroit could also become one of the next Michigan cities to decriminalize psychedelics, with the reform proposal making the local ballot for this November.

The Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month. Advocates have also introduced a reform resolution to the Grand Rapids City Council.

In California, Oakland and Santa Cruz have already enacted psychedelics decriminalization.

Oregon voters passed an initiative last November to legalize psilocybin therapy.

Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.

Meanwhile, Denver activists who successfully led a 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have their eyes set on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

Massachusetts cities that have enacted the policy change are: Northampton, Somerville and Cambridge. In July, state lawmakers heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The governor of Connecticut recently signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction. In response, the task force issued a recommendation for the widespread decriminalization of all drugs. The group said psychedelics in particular could represent a promising treatment to address substance abuse disorders and mental health issues.

Meanwhile, Portland, Oregon activists are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

When it comes to broader drug policy reform, Oregon voters also approved an initiative in November to decriminalize possession of all drugs. This year, the Maine House of Representatives passed a drug decriminalization bill, but it later died in the Senate.

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Marijuana Banking Sponsor Discusses Path Through Senate After House Approves Reform For Fifth Time

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