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Feds Want Input On Marijuana Reclassification

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The Trump administration is asking Americans for input on whether marijuana should be reclassified under international drug control treaties to which the U.S. is a party.

Currently, under both U.S. law and global agreements, marijuana sits in the most restrictive category of Schedule I. Domestically, that means it is not available for formal prescriptions and research on its effects is heavily restricted. Globally, it means that nations signed onto drug treaties are not supposed to legalize cannabis.

But now, the United Nations World Health Organization is set to launch a review of the current international classification of marijuana, THC, cannabidiol and other related compounds and preparations, and it wants input from member nations. In turn, the U.S. Food and Drug Administration is asking “interested persons” to submit comments that can inform the country’s position on the issue before it weighs in with the UN.

Specifically, FDA is inviting input on the “abuse potential, actual abuse, medical usefulness, trafficking and impact of scheduling changes on availability for medical use of” cannabis and its compounds, the agency wrote in a Federal Register notice scheduled to be published on Monday.

WHO’s Expert Committee on Drug Dependence will meet in June to discuss marijuana’s classification and will then make pre-review recommendations to the UN secretary-general about conducting a more in-depth analysis. Following that process, depending on the findings, cannabis could be rescheduled internationally, which would provide momentum to efforts to change marijuana’s status under the laws of the U.S. and other countries.

Last year the body pre-reviewed CBD, a non-psychoactive cannabis compound found to be have medical benefits, and recommended that it be subject to further analysis. The substance, which is not currently listed under international schedules but is considered Schedule I in the U.S., “has been demonstrated as an effective treatment of epilepsy in several clinical trials” and “is generally well tolerated with a good safety profile,” the WHO pre-review found.

“There is no evidence of…any public health related problems associated with the use of pure CBD,” the committee wrote.

Marijuana itself has never been subject to formal review since first being placed in Schedule I of the international agreement enacted in 1961,  FDA notes in the new Federal Register notice.

Public comments are due to the FDA by April 23.

Last month, UN Secretary-General António Guterres used a speech before the body’s narcotics commission to tout the drug decriminalization law his home country of Portugal enacted when he was prime minister.

But also last month, the UN’s drug enforcement body issued a report warning countries not to legalize marijuana.

This piece was first published Forbes.

Photo courtesy of Chris Wallis // Side Pocket Images.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

O’Rourke And Cruz Clash On Marijuana And Drugs At Senate Debate

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Candidates in one of the most contentious U.S. Senate races in the country this year clashed about the issues of marijuana legalization and drug policy reform during a debate on Friday night.

“I want to end the war on drugs and specifically want to end the prohibition on marijuana,” Democratic Congressman Beto O’Rourke said in response to an attack on his drug policy record from Republican Sen. Ted Cruz, whom he is seeking to unseat in November.

During one of the most heated exchanges of the hour-long debate, the GOP incumbent slammed O’Rourke for sponsoring an amendment as an El Paso city councilman in 2009 that called for a debate on legalizing drugs as a possible solution to violence along the Mexican border.

“I think it would be a profound mistake to legalize all narcotics and I think it would hurt the children of this country,” Cruz argued.

He also criticized a bill the Democrat filed in Congress to repeal a law that reduces highway funding for states that don’t automatically suspend drivers licenses for people convicted of drug offenses. “That’s a real mistake and it’s part of pattern,” he said.

“There’s a consistent pattern when it comes to drug use, that in almost every single instance, Congressman O’Rourke supports more of it.”

Calling the issue “personal to me,” Cruz spoke about his older sister, who died of a drug overdose.

“To be clear, I don’t want to legalize heroin and cocaine and fentanyl,” O’Rourke countered.

“What I do want to ensure is that where, in this country, most states have decided that marijuana will legal at some form—for medicinal purposes or recreational purposes or at a minimum be decriminalized—that we don’t have another veteran in this state, prescribed an opioid because the doctor at the VA would rather prescribe medicinal marijuana but is prohibited by law from doing that,” he said.

Enumerating other potential beneficiaries of cannabis reform, the Democrat also referenced an “older woman with fibromyalgia” and “an African-American man, because more likely than not, that’s who will be arrested for possession of marijuana, to rot behind bars, instead of enjoying his freedom and the opportunity to contribute to the greatness of this country.”

Cruz, who called O’Rourke, “one of the leading advocates in the country for legalizing marijuana,” said that he thinks ending cannabis prohibition “is actually a question on which I think reasonable minds can differ.”

“I’ve always had a libertarian bent myself,” he said. “I think it ought to be up to the states. I think Colorado can decide one way. I think Texas can decide another.”

But despite his support for letting states set their own cannabis laws, which he also voiced during his failed candidacy for the 2016 Republican presidential nomination, Cruz hasn’t cosponsored a single piece of legislation during his time in the Senate that would scale back federal marijuana prohibition.

Earlier in the debate, the two sparred over the killing this month of Botham Jean, an African-American man shot in his own apartment by a Dallas police officer, a subject about which O’Rourke recently made headlines by calling out in a fiery speech to a black church.

Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

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Politics

Lawmaker Pushes For Marijuana Legalization In Kenya

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A Kenyan lawmaker is introducing legislation to legalize marijuana nationwide.

Member of Parliament Kenneth Okoth wrote a letter to the National Assembly speaker on Friday, requesting help to prepare the legislation so that it can be published.

The bill would decriminalize cannabis possession and use, clear criminal records of those with prior cannabis-related convictions, enact a legal and regulated commercial sales program and impose “progressive taxation measures” in order to “boost economic independence of Kenya and promote job creation.”

Currently, marijuana (or “bhang,” as it’s locally known) is illegal in Kenya—as it is in most of Africa.

Another provision of the draft legislation concerns “research and policy development.” Okoth wants the country to conduct studies on the medical, industrial, textile and recreational applications of cannabis. And that research would have a “focus on the preservation of intellectual property rights for Kenyan research and natural heritage, knowledge, and our indigenous plant assets,” according to the letter.

“It’s high time Kenya dealt with the question of marijuana like we do for tobacco, miraa, and alcohol,” Okoth wrote on Facebook.

“Legalize, regulate, tax. Protect children, eliminate drug cartels, reduce cost of keeping petty offenders in jail. Promote research for medical purposes and protect our indigenous knowledge and plants before foreign companies steal and patent it all.”

Okoth’s push for legalization in Kenya comes days after South Africa’s Constitutional Court ruled that individuals can grow and use marijuana for personal purposes. The court determined that prohibition violated a person’s right to privacy, effectively legalizing cannabis in the country.

It’ll take a while for Okoth’s bill to move forward. The legislation will need cabinet approval, then it must be published so that all interested parties can review the proposal before it enters into parliamentary debates. Whether Okoth’s fellow lawmakers will embrace the legislation is yet to be seen.

Don’t Legalize Marijuana, UN Drug Enforcement Board Warns Countries

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Politics

Governor Signs Marijuana Legalization Bill, Making History In US Territory

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With a governor’s signature on Friday, the latest place to legalize marijuana in the U.S. isn’t a state. It’s the Commonwealth of the Northern Mariana Islands (CNMI)—a tiny Pacific territory with a population of just over 50,000.

Under the new law signed by Gov. Ralph Torres (R), adults over 21 years of age will be able to legally possess up to one ounce of marijuana, as well as infused products and extracts. Regulators will issue licenses for cannabis producers, testing facilities, processors, retailers, wholesalers and lounges. Home cultivation of a small number of plants will be allowed.

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.)

Photo courtesy of Max Pixel.

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