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Federal Marijuana Action Is An ‘Inevitability,’ Trump FDA Chief Says

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Federal action on marijuana policy is inevitable and will happen “soon,” according to Food and Drug Administration (FDA) Commissioner Scott Gottlieb.

Exactly what kind of action he’s anticipating is unclear, though. After dismissing the idea that botanical cannabis has therapeutic value, Gottlieb said in a CNBC appearance on Friday that there’s “probably going to be a policy reckoning around this at some point in the future.”

“Obviously it’s happening at the state level, and I think there’s an inevitably that it’s going to happen at the federal level at some point soon,” he said.

Gottlieb’s comments could be interpreted as a suggestion that legalization is happening at the state level and the end of federal cannabis prohibition is the inevitability. Or the “policy reckoning” could be some kind of increased enforcement of federal marijuana laws.

If it’s the former, it’s possible that the commissioner could be alluding to a bipartisan bill that would amend the Controlled Substances Act to exempt state-legal marijuana activity from its provisions—a piece of legislation that Gottlieb’s boss, President Donald Trump, said he “really” supports.

In response to Marijuana Moment’s request for clarification, an FDA spokesperson said, “Unfortunately I don’t have anything additional to share.”

During the CNBC interview, “Squawk Box” co-anchor Joe Kernen claimed that “every spirits and wine company sees a huge opportunity in cannabis” and asked if the country will be “OK” if marijuana becomes as common as alcohol.

“Because it’s a different high, it’s a different feeling,” Kernen said. “You know, you can have two drinks—if you take two hits of the way pot is nowadays, it’s like terminal pricing. You get there right away.”

“Is society going to survive OK, do you think?”

Gottlieb said that recreational marijuana doesn’t “fall within our purview right now” and then talked about the agency’s role in policing medical claims that some companies have made about cannabis.

The FDA issued warning letters to several manufacturers of cannabidiol (CBD) products last year, claiming the businesses were “illegally selling products online that claim to prevent, diagnose, treat or cure cancer without evidence to support these outcomes.”

“But look, we do regulate compounds that are making drug claims and we regulate botanical use of marijuana,” the commissioner said in the TV interview. “We have approved compounds derived from marijuana, but there is no demonstrated medical use of botanical marijuana. That’s the bottom line.”

“All the people who are making claims around botanical marijuana—medical claims around it and around its purported benefits—those haven’t been demonstrated.”

Of course, there have been numerous studies demonstrating that botanical cannabis has medical value, but this isn’t the first time that Gottlieb has drawn that distinction. Two months ago, appearing on the same news program, the commissioner said he worried about the impact of natural marijuana on the lungs and developing brains.

At the same time, however, he signaled support for federal marijuana decriminalization.

Gottlieb seems especially bullish about researching and approving synthetically produced cannabinoids or medicines derived from cannabis like Epidiolex, a CBD epilepsy medication the FDA approved earlier this year.

That said, in the process of approving Epidiolex, the FDA also concluded that CBD doesn’t really deserve to be federally scheduled at all. The ingredient has “negligible potential for abuse” and “currently accepted medical use in treatment,” the agency said.

Top Trump Health Official Signals Support For Marijuana Decriminalization

Photo courtesy of Wikimedia/FDA.

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.

Politics

Cory Booker Endorses Bill To Legalize Marijuana In New Jersey

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Efforts to legalize marijuana in New Jersey received a high-profile endorsement on Friday, with U.S. Sen. Cory Booker (D-NJ) voicing support for the bill in a statement.

The senator, who is a 2020 Democratic presidential candidate and also sponsored congressional legislation to end federal cannabis prohibition, is the latest in a growing list of political leaders who’ve advocated for the bill, which was approved by state Senate and Assembly committees earlier this week and is expected to receive floor votes in both chambers on Monday.

“New Jersey is the first state in the country to couple decriminalizing marijuana with strong criminal justice reform measures to redress the decades of immense harm inflicted by an unfair system,” Booker said. “All too often, communities of color and low-income individuals are unjustly impacted by our broken drug policies, but by including measures to expunge records and reinvest in the communities most impacted, our state has the opportunity to lead in prioritizing social justice.”

The bill’s focus on social equity provisions has been critical in shoring up support as the legislature gets closer to a vote. Gov. Phil Murphy (D) has been putting out calls to advocates and lawmakers to get the legislation advanced, which would fulfill a campaign promise of his.

“With this bill, New Jersey legislators can send a strong message to the country that marijuana legalization and social justice must be inextricably linked,” Booker said. “I’m hopeful our state will succeed in setting this example.”

It’s been a complicated process to form a coalition united around passing legalization in New Jersey. Disagreements between the governor and lawmakers about certain aspects of the bill such as tax rates and regulatory structures were finally resolved earlier this month when a compromise was reached. And amendments to expand expungement provisions gave the mayors of the state’s two largest cities proper assurance to back the legislation.

That said, Newark Mayor Ras Baraka (D) and Jersey City Mayor Steven Fulop (D) continue to push for automatic expungements, as opposed to virtual expungements. Murphy said that automatic expungements is not a feasible policy.

“Now more than ever, we must work together,” the mayors said in a statement on Friday. “Again, we stand in unison in support of this legislation that could potentially become New Jersey’s law. We should aim to become a model state from which other states can clearly follow. We should address these issues in a manner that protects our communities and the people that live here.”

On Thursday, the governor’s office also released a list of quotes from lawmakers, activists and spiritual leaders voicing support for the legalization legislation.

“If we have learned anything at all, it is that the status quo has been disproportionately unfair to minority communities,” Assembly Speaker Craig Coughlin (D) said. “This bill is a step in the right direction to correct that inequality.”

Senate President Steve Sweeney (D) agreed, saying the legalization bill will “advance social justice, legal justice and economic justice in meaningful ways.”

“This is an opportunity for continued progress as we strive for a society that respects the rights of everyone,” he said.

Whether the legislation will be approved is yet to be seen. NJ.com is keeping track of where lawmakers currently stand on the bill, and as of Friday afternoon their online whip count shows that a majority in the Senate plan to vote against it, while votes allocated so far in the Assembly are roughly even.

New Jersey Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of Jamelle Bouie.

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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Connecticut Lawmakers Hold Two Simultaneous Hearings On Marijuana Legalization Bills

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Two Connecticut committees held hearings on bills to legalize marijuana and expand the state’s medical cannabis program on Friday.

The proposed legislation would permit adults 21 and older to possess, purchase and consume certain amounts of marijuana for personal use. The House bill also includes a number of social equity provisions that are meant to encourage people from communities that were disproportionately impacted by prohibition to participate in the legal industry.

While reform advocates generally support the bills, they’ve also made a series of recommendation to increase the focus on restorative justice and to include policies such as allowing home cultivation.

In the legislature’s General Law Committee, witnesses including a commissioner for the state’s medical cannabis program and social equity advocates testified about HB 7371. That bill would establish a governor-appointed commission to regulate the industry, give licensing priority to individuals from communities most impacted by the drug war and require the commission to conduct a study on permitting a home grow option and microbusinesses.

“The time has come to move this forward. We think this is a fantastic start [and] there is definitely some amazing language in here,” Jason Ortiz, president of Connecticut United for Reform and Equity (CURE), said at the hearing. “There’s just some other pieces that we think undermine the really good parts that we can strike out and maybe amend and move the basic ideas forward.”

Advocates want to change the legislation so that home cultivation and microbusinesses are allowed from the outset, for example.

“Marijuana prohibition was borne of misinformation and racism and it continues to be enforced unequally to this day,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), testified.

Over in the Judiciary Committee, experts dedicated significant time to testimony about the public health and safety impacts of cannabis legalization. Lawmakers pressed the witnesses on issues such as labeling requirements, what kinds of edibles should be allowed, impaired driving and the mental health affects of consuming high-THC marijuana varieties.

The bill before that panel, SB 1085, would also legalize cannabis for adult use. But the legislation has a focus on expungements for individuals with prior marijuana convictions for possession of 1.5 ounces or less.

As with the House bill, advocates are supportive of the spirit of the legislation but feel certain provisions fall short. For example, MPP said that expungements should apply to convictions for any kind of cannabis conviction. The organization also called for a home grow option, which is not included in either legalization bill under consideration.

Two other pieces of cannabis legislation were discussed at the Judiciary committee hearing. One would create a misdemeanor penalty for driving while consuming marijuana and provide $500,000 in funding for law enforcement to train officers as drug recognition experts. The other bill specifies that employers don’t have to provide special accommodations for employees who use cannabis while working.

As one of the states considered most likely to legalize cannabis in 2019, the hearings offer another example of how the conversation around reform has shifted from “should it be legal” to “how should it be legal,” with the hearings largely concentrated on defining and promoting social equity provisions.

If either bill makes it through the legislature, Gov. Ned Lamont (D) is expected to sign.

He’s called the issue one of his “priorities” for the current legislative session and spoke about the issue during a budget speech last month.

Committee votes are expected on Monday.

Military Veterans Organizations Press Congress On Medical Marijuana Research

Photo courtesy of Brian Shamblen.

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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GOP Lawmakers Want Marijuana Banking Vote Delayed In Congress

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A key congressional committee is scheduled to vote on far-reaching legislation that would expand marijuana businesses’ ability to store their profits in banks on Tuesday.

But key Republican lawmakers on the panel are now asking Chairwoman Maxine Waters (D-CA) to delay the vote.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Read the full letter seeking a delay in the marijuana banking vote below:

GOP seeks delay on marijuan… by on Scribd

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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