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FDA Warns Former NFL Player To Stop Claiming CBD Can Cure Coronavirus

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The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have taken enforcement action against a former NFL player’s CBD company over unsubstantiated claims that its products can be used to cure or prevent coronavirus.

The agencies sent a warning letter demanding that Kyle Turley’s NeuroXPF business cease making the claims, remove them from any marketing material and advise FDA on steps taken to correct the issue within 48 hours. Failure to comply can result in “legal action, including, without limitation, seizure and injunction,” the letter states.

The enforcement action came one day after Turley told Marijuana Moment in an interview that he would actually welcome federal moves against his company and use it as a public relations opportunity to expose the government for suppressing the “truth” about the medical potential of cannabis. He shared a screenshot of the letter on Tuesday and said “WE DID IT!!!!”

In the letter, officials from FDA and FTC said the agencies have “determined that your website offers cannabidiol (CBD) products for sale in the United States and that these products are intended to mitigate, prevent, treat, diagnose, or cure COVID-19 in people.” Because the products are not authorized for such use, this marketing is in violation of both FDA and FTC regulations.

“FDA is taking urgent measures to protect consumers from certain products that, without approval or authorization by FDA, claim to mitigate, prevent, treat, diagnose, or cure COVID-19 in people,” the agencies wrote. “As described below, you sell products that are intended to mitigate, prevent, treat, diagnose, or cure COVID-19 in people. We request that you take immediate action to cease the sale of such unapproved and unauthorized products for the mitigation, prevention, treatment, diagnosis, or cure of COVID-19.”

The officials provided examples of recent advertising where NeuroXPF CBD products were presented as immune boosters that consumers could use to “take advantage of its potential to help prepare your body to fight a coronavirus infection.”

“Crush Corona! Your best defense against the COVID-19 blitz starts with a strong immune system,” one ad states.

The gist of Turley’s logic is that because cannabinoids like CBD interact with the endocannabinoid system, which plays a role in regulating the immune system, taking CBD products can prevent and treat COVID-19. He’s received ample pushback from legalization advocates and prohibitionists alike, who say peddling these claims without clinical evidence to back them up is irresponsible and dangerous to patients.

He said in a message to Marijuana Moment on Wednesday that people in the cannabis industry who’ve criticized his CBD claims are “imposters” who “continue to showcase how the industry itself is driving its own prohibition.”

“This was a clear targeted attack on an American citizen for exercising free speech, this had nothing to do with my CBD company and the FDA is clearly not just doing their job,” he said. “I will continue to flush this corrupt system and those complicit in my efforts to free this plant. When Schedule 1 is dropped from cannabis the FDA will swiftly acknowledge the multitude of cures within God’s healing plant, from the multitude of studies these cowards wish to oppress.”

FDA made clear that, as of now, the coronavirus is not clinically proven to be among those conditions that cannabis can cure.

“You should take immediate action to correct the violations cited in this letter,” the agency said. “The violations cited in this letter are not meant to be an all-inclusive list of violations that exist in connection with your products or operations. It is your responsibility to ensure that the products you sell are in compliance with the FD&C Act and FDA’s implementing regulations.”

“We advise you to review your websites, product labels, and other labeling and promotional materials to ensure that you are not misleadingly representing your products as safe and effective for a COVID-19-related use for which they have not been approved by FDA and that you do not make claims that misbrand the products in violation of the FD&C Act. Within 48 hours, please send an email to [email protected]hhs.gov describing the specific steps you have taken to correct these violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation. Failure to immediately correct the violations cited in this letter may result in legal action, including, without limitation, seizure and injunction.”

For the time being, NeuroXPF will be listed on an FDA page that lists companies that have received warning letters for the unsanctioned sale of COVID-related products. The page will be updated to reflect compliance after the business takes corrective action.

The government letter goes on to say that it is unlawful “to advertise that a product can prevent, treat, or cure human disease unless you possess competent and reliable scientific evidence, including, when appropriate, well-controlled human clinical studies, substantiating that the claims are true at the time they are made.”

“For COVID-19, no such study is currently known to exist for the products identified above,” it states. “Thus, any coronavirus-related prevention or treatment claims regarding such products are not supported by competent and reliable scientific evidence. You must immediately cease making all such claims.”

In addition to potential enforcement action from FDA, Turley could also face “legal action seeking a Federal District Court injunction and an order may require that you pay back money to consumers” from FTC if his company fails to comply with the letter.

Turley shared with Marijuana Moment a copy of a letter the company is sending to FDA in response to the warning. It states that NeuroXPF has removed written and visual marketing as part of their “Crush Corona” campaign from the site and social media accounts.

“We fully respect the efforts of the FDA and FTC to protect consumers against companies making fraudulent claims that their products are intended to or in any way ‘mitigate, prevent, treat, diagnose or cure COVID-19 in people,'” it continues. “We also know that the FDA has not approved a vaccine or any other product to mitigate, prevent, treat, diagnose or cure this deadly virus.”

However, they disputed the idea that the company has misbranded their products or claimed that they can cure the coronavirus.

The letter goes on to say “we realize that there may be significant differences between what we believe and understand, and the FDA’s official guidelines for educating consumers about CBD and marketing CBD” and “Neuro XPF always strives to abide by all government guidelines and regulations throughout the conduct of our business.”

“Therefore, in order to prevent any future violations of FDA and FTC guidelines and regulations, we ask you provide definitive clarification of exactly what we can and cannot say with respect to educating consumers about CBD, as well as marketing and promoting the potential benefits of CBD,” it says. “We believe CBD can strengthen the immune system. And, during this unprecedented crisis, we believe Americans need all the help they can get.”

Nevertheless, based on a tweet he sent out after receiving the notice, it does not appear that he’s tempered his personal claims about the therapeutic potential of cannabis.

“The [FDA] will one day acknowledge the power of cannabis and its ability to prevent & cure COVID19 and every other disease,” he claimed.

This story has been updated to include NeuroXPF’s response to FDA’s warning.

Feds Funding Research On How Marijuana Consumers Are Impacted By Coronavirus

Photo courtesy of Chris Wallis // Side Pocket Images.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

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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Local Massachusetts Lawmakers Unanimously Approve Psychedelics Decriminalization Measure

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Local Massachusetts lawmakers on Thursday unanimously approved a resolution to decriminalize a wide range of psychedelics—the latest in a national movement to reform laws on entheogenic plants and fungi.

Prior passing the measure in a 9-0 vote, the Somerville City Council took testimony from two people with personal experience benefiting from the therapeutic use of psychedelics. Several members of the council also discussed the failures of the drug war and the potential medical value of entheogenic substances, particularly as it concerns mental health.

The resolution was supported by the mayor.

“By decriminalizing psychedelic plants, Massachusetts can mainstream harm-reduction strategies as therapists and health providers embrace these compounds for physical, psychological, and spiritual relief,” Decriminalize Nature, Bay Staters for Natural Medicines and the Heroic Hearts Project said in written testimony to lawmakers.

“Somerville has a chance to empower our neighbors, friends, and loved ones to seek the physical and spiritual relief they need and put public health above incarcerating people even in cases of addiction and abuse of controlled substances,” they wrote.

Under the proposal, enforcement of laws against psychedelics such as psilocybin mushrooms and ayahuasca would be among the city’s lowest priorities. It also calls on the county prosecutor to cease pursing cases for persons charged with possessing or distributing entheogens.

The measure states that “the City Council hereby maintains it should be the policy of the City of Somerville that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants… shall be amongst the lowest law enforcement priority for the City of Somerville.”

It also stipulates that “no City of Somerville department, agency, board, commission, officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.”

The resolution emphasizes that the measure would not allow for commercial sales of these substances, nor would it permit driving while under the influence of them.

“I love living in a city where this is not controversial and you got unanimous support,” Council President Matt McLaughlin said at the close of the meeting. “Let’s end this war on drugs, and this is a good step.”

Watch the lawmakers discuss the psychedelics reform resolution, starting around 25:45 into the video below: 

With Thursday’s vote, Somerville joins a growing number of cities across the U.S. that have enacted psychedelics decriminalization. Most of the reforms have advanced legislatively, though Washington, D.C. became the first jurisdiction to decriminalize via the ballot in November.

Three other cities—OaklandSanta Cruz and Ann Arbor—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiative to legalize psilocybin mushrooms for therapeutic purposes. The governor announced in November that applications for an advisory board to oversee implementation of the program were being accepted up until January 1.

Much of this reform progress can be traced back to Denver, which became the first city in the country to decriminalize psilocybin mushrooms in May 2019. Since then, activists in more than 100 cities have expressed interest in pursuing psychedelics decriminalization.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution last month 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.

A California state senator plans to file a bill to decriminalize psychedelics for the 2021 session.

Meanwhile, after Ann Arbor legislators passed a decriminalization resolution in September, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

Virginia Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

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North Dakota Lawmakers File Bill To Significantly Expand Marijuana Decriminalization Law

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North Dakota lawmakers have introduced a bill to significantly expand marijuana decriminalization in the state.

The legislation, which was filed on Monday, would build on an initial cannabis decriminalization law that was enacted in 2019.

Under the current statute, possession of half an ounce or less of marijuana is an infraction punishable by a fine of up to $1,000, with no jail time. The new proposal would make possession of up to an ounce a non-criminal offense that carries a $50 fine.

Further, possession of more than one ounce and less than 250 grams would be treated as an infraction, rather than a class B misdemeanor, as it is currently classified.

Possessing more than 250 grams of marijuana would be a class B misdemeanor and possessing more than 500 grams would be a class A misdemeanor.

The bill is being sponsored by Rep. Shannon Roers Jones (R) and Sen. Scott Meyer (R) in their respective chambers. It’s been referred to the House Judiciary Committee.


Marijuana Moment is already tracking more than 250 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.

“It’s encouraging to see Rep. Roers Jones and her colleagues continue the push to reduce harsh and senseless penalties for possession of small amounts of marijuana in North Dakota,” Jared Moffat, state campaigns manager at the Marijuana Policy Project, told Marijuana Moment. “Decriminalization is no substitute for legalizing and regulating marijuana for adults, as several of North Dakota’s neighbors have now done. But passage of this bill would continue the trend of progress the state has seen in recent years.”

Activists are moving forward with plans to put a cannabis legalization ballot initiative before voters in 2022.

The measure, which would allow adults 21 and older to possess and cultivate cannabis for personal use, was submitted to Secretary of State Al Jaeger on Monday. If its language is accepted, the campaign will be able to start signature gathering to qualify for the ballot.

The same team behind the new initiative came close to putting a similar measure on the state’s ballot last year, but petitioning efforts were impeded by the coronavirus pandemic.

A separate group of advocates, Legalize ND, also attempted to qualify a different legalization initiative in 2020 that would have allowed retail sales but excluded a home grow option. That organization is also considering plans for its own 2022 measure.

Previously, a 2018 legalization push that did qualify for the ballot was defeated. Voters in the state did approve a measure to legalize medical cannabis in 2016, though the law was scaled down by the legislature the following year.

While activists are skeptical that the legislature has the appetite to enact the policy change on their own, it is the case that lawmakers may feel increased pressure given that voters in neighboring South Dakota and Montana elected to legalize cannabis in November.

Read the new North Dakota marijuana decriminalization bill below: 

North Dakota Decriminalizat… by Marijuana Moment

New Mexico Governor Says Marijuana Legalization Is A 2021 Priority

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Virginia Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

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A Virginia Senate committee held an initial hearing on Friday on a bill to legalize marijuana that was introduced with support from the governor just two days ago.

The legislation’s quick consideration by the Senate Rehabilitation and Social Services Committee is an early sign that lawmakers intend to advance it expeditiously. Two additional hearings are scheduled for Tuesday and Wednesday in a newly formed subcommittee of the panel that’s specifically focused on cannabis policy.

The bill, which is being carried by top Senate and House leaders, would create a system of regulated and taxed marijuana sales and production, and allow adults 21 and older to purchase and possess up to one ounce of cannabis and cultivate up to four plants for personal use, two of which could be mature.

After the bill is considered by the new marijuana-focused subcommittee next week, the full Rehabilitation panel is expected to hold a vote next Friday to refer it to the Senate Judiciary Committee. After that panel considers the legislation, it would head to the Finance Committee before coming to the full Senate floor.

At the initial hearing, members heard testimony from a representative of Gov. Ralph Northam’s (D) administration and asked questions about components of the bill such as those concerning expungements and social equity grants.

The legislation’s provisions have been informed by two official state studies on legalization that were recently conducted by a legislative commission and a separate working group comprised of four Virginia cabinet secretaries and other officials, both of which looked at how to effectively implement legalization and submitted recommendations to the governor’s office late last year.

Those studies were required under a marijuana decriminalization bill that was approved last year.

Many of those recommendations have been incorporated into the new legislation, including provisions to promote social equity in the cannabis market. Notably, it would also apportion almost half of the tax revenue the state collects from marijuana sales to funding pre-kindergarten education—a policy championed by First Lady Pamela Northam.

The state’s alcohol regulatory body would be renamed the Virginia Alcoholic Beverage and Cannabis Control Authority, and it would be responsible for promulgating rules and issuing licenses.

A new 21 percent tax would be imposed on cannabis sales, and local jurisdictions that allow marijuana businesses to operate could levy an additional three percent tax. Existing state sales taxes would also apply on purchases, for a total potential 30 percent tax rate.

Revenue from the new state tax would go toward funding pre-k education (40 percent), a Cannabis Equity Reinvestment Fund (30 percent), substance misuse and treatment programs (25 percent) and public health initiatives (five percent).


Marijuana Moment is already tracking more than 250 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.

Deputy Secretary of Agriculture and Forestry Brad Copenhaver, who testified on behalf of the Northam administration on Friday, emphasized that the “keystone of this entire bill is marijuana legalization of a social equity endeavor.”

Advocates have celebrated the bill’s introduction and are optimistic about the prospects of getting the reform enacted this session, but they also feel the legislation as proposed can be improved upon.

One problematic provision from advocates’ perspective is that the bill would make public consumption a misdemeanor, whereas currently it is a civil offense punishable by a $25 fine.

Additionally, it seems to increase the fine for people aged 18-20 who possess cannabis. The fine would be $250 for a first offense, and the legislation also stipulates that underage people could be subject to mandatory substance misuse treatment for violating the law.

This introduction of the bill comes one month after the governor included provisions to lay the groundwork for cannabis legalization in a budget proposal that also calls for millions of dollars to support expungements. Northam had campaigned on merely decriminalizing possession, but he publicly backed broader legalization of marijuana for adult use in November.

Northam said during his State of the Commonwealth address on Wednesday that cannabis prohibition was deliberately enacted as a means to discriminate against people of color.

“The administration’s proposal does an excellent job of centering equity and restorative justice, but we are greatly concerned by the proposed rollbacks of newly enacted decriminalization measures and creation of new crimes for consumption and possession,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment.

“Not only would this escalation in criminalization not increase public safety, this will specifically target young, Black, Brown, and poor Virginians, those who are already overwhelmingly and disproportionately harmed by marijuana prohibition,” Pedini, who also serves as NORML’s national development director, said. “Governor Northam wants to get this right, and NORML will be offering policy guidance to help the administration do just that. It’s time to move forward, not backward, with cannabis policies in the Commonwealth.”

Separate legislation to legalize cannabis for adult use was filed by Del. Steve Heretick (D) last week.

Meanwhile, legislation to stop police from searching people or seizing property based solely on the smell of marijuana in Virginia is set to take effect after lawmakers adopted recommended changes from the governor in October.

Also during the recently concluded special session, Northam signed another bill that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.

USDA Releases Final Rule For Hemp, Two Years After Crop Was Federally Legalized

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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