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Federal court orders DEA to ‘promptly’ weigh cannabis rescheduling (Newsletter: May 31, 2019)
Fed prosecutor caught lying about medical marijuana use; Lawmakers push to revise anti-cannabis immigration policy; FDA CBD hearing agenda
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/ TOP THINGS TO KNOW
The U.S. Court of Appeals for the Second Circuit issued a unique opinion keeping open a challenge to marijuana’s Schedule I status and warning that it may take matters into its own hands if the Drug Enforcement Administration doesn’t “promptly” consider medical cannabis patients’ rescheduling request.
- “We are troubled by the Drug Enforcement Administration (DEA)’s history of dilatory proceedings.”
- “Taking the facts as alleged, and, accordingly, taking the supposed benefits some Plaintiffs have experienced from marijuana as true as well, we—like the District Court below—are struck by the transformative effects this drug has assertedly had on some Plaintiffs’ lives. As a result, we are troubled by the uncertainty under which Plaintiffs must currently live.”
- “It is possible that the current law, though rational once, is now heading towards irrationality; it may even conceivably be that it has gotten there already.”
The Department of Justice’s Office of the Inspector General disclosed that a federal prosecutor who admitted to using medical marijuana for back pain—and lying about it on a security clearance form—will not be prosecuted for violating both state and federal laws.
A bipartisan group of 43 members of Congress sent a letter pressing the Departments of Justice and Homeland Security about the policy deeming that immigrants who work in the marijuana industry don’t have “good moral character.”
/ FEDERAL
The Food and Drug Administration released the final agenda for Friday’s public hearing on CBD regulations.
The Department of Justice, in a court brief defending a law aimed at curbing sex trafficking that sex workers’ rights advocates argue could criminalize the dissemination of advocacy or harm reduction information, wrote, “Advocacy for the decriminalization of an activity does not suggest any intent to encourage violation of the law. (For example, no one would think that members of Congress who advocate for the decriminalization of marijuana are thereby attempting to encourage violations of existing marijuana laws.)”
Surgeon General Jerome Adams tweeted, “Hope we can agree, kids & pregnant women should NOT use cannabis, or be encouraged to think it is safe.”
Sen. Cory Booker (D-NJ), a presidential candidate, cheered a Nevada law that seals past marijuana records, tweeting, “We have to repair the damage done to those who were targeted by the war on drugs. This is what justice looks like.”
Rep. Tulsi Gabbard (D-HI), a presidential candidate, released a video about grandmothers being arrested for CBD.
Sen. Jacky Rosen (D-NV) tweeted, “Nevada’s cannabis industry is booming, but it is missing out on valuable @SBAgov assistance because of outdated federal laws. We need to provide marijuana businesses with the resources they needed to continue to succeed.”
Former Rep. Dana Rohrabacher (R-CA) tweeted, “5 years ago today we struck a blow for freedom in passing the Rohrabacher/Farr amendment in the House, a bipartisan victory for America that prohibited the federal government from superceding state laws that permitted the use of #cannabis for medical purposes. #10thAmendment”
/ STATES
Colorado Gov. Jared Polis (D) signed a bill defelonizing drug possession.
Nebraska Gov. Pete Ricketts (R) signed a hemp bill into law.
Michigan Gov. Gretchen Whitmer (D) said, “Every man, woman and child would have to smoke about $2,500 of marijuana a year to fix the roads, and let’s be honest, (if that happens) nobody’s going to care about the damn roads.” Separately, the Senate Majority Leader said he thinks voters will come to regret legalizing cannabis. Meanwhile, regulators released a mariuana licensing update and published an advisory bulletin on medical cannabis advertising restrictions.
Connecticut’s House speaker said that marijuana legalization is dead for the year.
Louisiana lawmakers sent Gov. John Bel Edwards (D) a bill creating a tax on sales of hemp and CBD products.
The New Jersey Senate approved a bill to expand the state’s medical cannabis program, but a vote on separate legislation to provide for the expungement of marijuana records was delayed due to a drafting error. Meanwhile, Gov. Phil Murphy (D) touted his administration’s expansion of medical marijuana in a press release about his 500th day in office.
The Nevada Assembly passed a bill to create a Cannabis Compliance Board and block local governments from licensing marijuana consumption lounges.
The New Hampshire Senate voted to refer a marijuana legalization bill back to committee until December or early next year.
New York marijuana legalization legislation could potentially be included in an end-of-session omnibus bill addressing a number of other issues.
The Illinois House Judiciary-Criminal Committee advanced a Senate-passed marijuana legalization bill, with a floor vote expected on Friday.
The North Carolina Senate Agriculture Committee voted to delay a proposed ban on smokable hemp until December 2020.
The Wisconsin Senate Agriculture, Revenue and Financial Institutions Committee held a hearing on a hemp bill.
A California Assemblyman pulled his bill to force more municipalities to allow marijuana businesses because it didn’t have the two-thirds support needed to pass.
Oregon lawmakers are considering legislation to allow regulators to deny marijuana licenses based on available supply and demand.
Massachusetts regulators delayed their consideration of rules to allow marijuana social consumption areas and home delivery services. Separately, they issued the state’s first cannabis microbusiness‘ license.
Utah regulators will begin accepting medical cannabis cultivation license applications this weekend.
North Dakota regulators will allow medical cannabis patients to carry electronic registration cards on their mobile devices.
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/ LOCAL
San Diego, California officials delayed a planned crackdown on marijuana billboards.
The Los Angeles, California City Council president tweeted about the importance of expunging marijuana convictions and “righting the wrongs for those whose lives have been negatively impacted by the #WarOnDrugs.”
The New York City Council speaker tweeted, “Marijuana is a social justice issue, and legalization is long overdue. We need a more just framework for use in NYC, with a better plan for addressing how convictions have disproportionately impacted communities of color. The time to act is now.”
/ INTERNATIONAL
An Italian court ruled that selling “cannabis light” products is a crime.
/ SCIENCE & HEALTH
A study found that “prolonged CBD treatment has no negative effect on the behavior of adult” mice.
A study found that “patients using medical cannabis for intractable pain experienced a significant reduction in the number of [milligram morphine equivalents] available to use for pain control” but that “no significant difference was noted in [diazepam equivalents] from baseline.”
/ BUSINESS
Ben & Jerry’s said it wants to make CBD-infused ice creams when it is allowed by the Food and Drug Administration.
Curaleaf Holdings Inc. reported quarterly losses of $10.2 million but a 288% increase in revenue from a year ago.
/ CULTURE
National Basketball Association Commissioner Adam Silver spoke about the league’s consideration of amending its marijuana policies.
National Football League team owners are reportedly open to supporting a loosening of restrictions on marijuana use by players.
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Photo courtesy of Chris Wallis // Side Pocket Images.
