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Cuomo Administration Report Backs Marijuana Legalization In New York

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The administration of New York Gov. Andrew Cuomo (D), who until recently referred to marijuana as a “gateway drug,” released a state Health Department report on Friday that says the “positive effects” of legalization “outweigh the potential negative impacts.”

“Numerous NYS agencies and subject matter experts in the fields of public health, mental health, substance use, public safety, transportation, and economics worked in developing this assessment,” the 75-page document says. “No insurmountable obstacles to regulation of marijuana were raised.”

“Regulation of marijuana benefits public health by enabling government oversight of the production, testing, labeling, distribution, and sale of marijuana. The creation of a regulated marijuana program would enable NYS to better control licensing, ensure quality control and consumer protection, and set age and quantity restrictions.”

The report estimates that legal marijuana sales could generate between $248.1 million and $677.7 million in revenues for the state in the first year, depending on tax and usage rates.

Cuomo first announced the state legalization study during his annual budget address in January. At a press conference on Friday, he said that he had not yet reviewed the new report.

The release of the pro-legalization state document is the latest in a series of cannabis moves the Cuomo administration has made since actress Cynthia Nixon, who is campaigning on an anti-prohibition platform, announced a primary challenge against the incumbent.

On Thursday, for example, the Health Department enacted emergency rules allowing the use of medical cannabis for any condition that would normally be prescribed opioids.

Last week, the state Department of Financial Services and the governor released guidance encouraging banks to work with medical cannabis and hemp businesses.

The new Health Department report says that cannabis legalization comes with the “potential for substantial tax revenue…which can be used to help support program initiatives in areas such as public health, education, transportation, research, law enforcement and workforce development.”

The document notes that cannabis criminalization has historically disproportionately impacted communities of color and that ending prohibition “will address this important social justice issue.”

A Quinnipiac poll released in May found that 63% of New York voters, and 71% of the state’s Democrats, support marijuana legalization.

Also in May, the Democratic Party of New York adopted a resolution endorsing cannabis legalization at its convention.

The statewide push for legalization comes shortly after local cannabis enforcement reforms were announced in New York City. Mayor Bill de Blasio (D) ordered the NYPD to stop arresting people for smoking marijuana in public, and several borough district attorneys have said they will stop prosecuting such cases.

But de Blasio has so far refused to endorse legalization.

Meanwhile, New York’s two Democratic U.S. senators — Chuck Schumer and Kirsten Gillibrand — support ending cannabis prohibition and are sponsoring congressional legislation to remove federal impediments to state reforms.

Among the bullet points included in the Health Department’s new cannabis report are:

  • Regulating marijuana reduces risks and improves quality control and consumer protection.
  • Marijuana may reduce opioid deaths and opioid prescribing.
  • The majority of credible evidence suggests legalization of marijuana has no or minimal impact on use by youth.
  • Legalizing marijuana results in a reduction in the use of synthetic cannabinoids/novel psychoactive substances.
  • Criminalization of marijuana has not curbed marijuana use despite the commitment of significant law enforcement resources.
  • Marijuana prohibition results in disproportionate criminalization of certain racial and ethnic groups.
  • There has been no increase in violent crime or property crime rates around medical marijuana dispensaries.
  • Marijuana regulation could generate longterm cost savings.
  • Regulated marijuana generates tax revenue.
  • Legalization provides an opportunity to educate consumers on what their options are and encourage the use of products with lower doses of THC.

This piece was first published by Forbes.

Photo courtesy of Max Pixel.

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.

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.)

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Feds Send Warning Letter To Another CBD Company Over Medical Claims

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The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a warning letter to a Florida-based CBD company on Tuesday, alleging that the business made several unsanctioned claims about the therapeutic benefits of their products.

The federal agencies accused Rooted Apothecary of unlawfully asserting that their cannabidiol products could treat symptoms of conditions such as ADHD, Parkinson’s disease, ear aches, ADHD and autism. Those claims appeared on the company’s website and social media accounts, they said.

Certain products appeared to be marketed as dietary supplements, which FDA currently prohibits as it works to develop an alternative regulatory scheme for CBD.

“Cannabis and cannabis-derived compounds are subject to the same laws and requirements as FDA-regulated products that contain any other substance,” Acting FDA Commissioner Ned Sharpless said in a press release. “We are working to protect Americans from companies marketing products with unsubstantiated claims that they prevent, diagnose, treat, or cure a number of diseases or conditions.”

“We’ve sent numerous warning letters that focus on matters of significant public health concern to CBD companies, and these actions should send a message to the broader market about complying with FDA requirements,” he said. “As we examine potential regulatory pathways for the lawful marketing of cannabis products, protecting and promoting public health through sound, science-based decision-making remains our top priority.”

FTC’s complaint with the company is that it violated a law that requires businesses that advertise medical claims about their products to have “competent and reliable scientific evidence” to back them up, which could include human clinical trials. Making or exaggerating such claims through “a product name, website name, metatags, or other means” without proper evidence is also prohibited.

Rooted Apothecary must respond to the agencies within 15 working days to explain what steps it’s taking to resolve the issues. If the company fails to do so, it is subject to legal action, including the possible seizure of its products or an injunction. It may also have to compensate customers.

FDA emphasized that CBD products—other than the prescription medication Epidiolex, for the treatment of intractable epilepsy—are not currently allowed. But it also reiterated that the agency is in the process of developing rules that could allow for the lawful marketing of the compound.

In April, FDA sent warning letters to three other CBD companies that it said was making unauthorized claims about the medical benefits of their products. FTC also submitted warning letters to three separate CBD companies for allegedly advertising misleading statements about their products last month.

These letters are examples of the agency’s use of enforcement discretion. Former FDA Commissioner Scott Gottlieb, who recently suggested that the federal government should be involved in regulating state marijuana programs, clarified in March that the agency is only going after companies that make especially misleading claims about their products.

Senate Majority Leader Mitch McConnell (R-KY), who championed a provision of the 2018 Farm Bill federally legalizing hemp and its derivatives, has urged FDA to clear a path for the lawful marketing of CBD products by using enforcement discretion while it develops an interim final rule. A bipartisan group of lawmakers made a similar request in a letter sent to the agency last month.

“The FDA is working quickly to further clarify our regulatory approach for products containing cannabis and cannabis-derived compounds like CBD while using all available resources to monitor the marketplace and protect public health by taking action as needed against companies,” FDA Principal Deputy Commissioner Amy Abernethy said.

“We recognize that there is significant public interest in cannabis and cannabis-derived compounds; however, we must work together to fill in the knowledge gaps about the science, safety and quality of many of these products,” she said. “We are committed to advancing our regulation of these products through an approach that, in line with our mission, prioritizes public health, fosters innovation and promotes consumer confidence.”

Hemp Regulations Will Be Issued Within Weeks, Top USDA Official Says

Photo courtesy of Kimzy Nanney.

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GOP Senator Links Medical Marijuana Claims To Tobacco Industry Advertisements

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Sen. John Cornyn (R-TX) said on Tuesday that claims about the therapeutic potential of marijuana remind him of decades-old tobacco industry advertisements asserting that the product had medical benefits.

In a speech on the Senate floor, Cornyn discussed a hearing that the International Narcotics Control Caucus, which he co-chairs, will hold on Wednesday to explore the public health impacts of cannabis. He said it was especially important to hear from experts about the subject as more states legalize marijuana and members of Congress, as well as Democratic presidential candidates, push to end federal prohibition.

The senator made clear he’s skeptical about marijuana’s health benefits.

“There’s no shortage of people who claim that marijuana has endless health benefits and can help patients struggling from everything from epilepsy to anxiety to cancer treatments,” he said. “This reminds me of some of the advertising we saw from the tobacco industry years ago where they actually claimed public health benefits from smoking tobacco, which we know as a matter of fact were false and that tobacco contains nicotine, an addictive drug, and is implicated with cancers of different kinds.”

“We’re hearing a lot of the same happy talk with regard to marijuana and none of the facts that we need to understand about the public health impact of marijuana use,” he said.

While Cornyn recognized there’s significant support for cannabis reform, he said that ” for the number of voices in support of legalization, there are even more unanswered questions about both the short- and long-term public health effects.”

He expressed concern about increased levels of THC concentration in cannabis products and stated that it’s “true that for some people that marijuana can indeed be addictive.”

“There’s simply a lack of scientific evidence to determine the link between marijuana and various health risks, and that’s something I would think Congress and the American people would want to know before we proceed further down this path,” Cornyn said. “We don’t know enough about how this could impair cognitive function or capacity or increase the risk of mental illness or perhaps serve as a gateway for other drugs that are even more damaging to the health of a young person.”

The senator made similar remarks during a conversation with a former White House drug czar in August. He said it was important to address the public health impacts of cannabis before moving forward with legislation that would protect banks that service marijuana businesses from being penalized by federal regulators.

“With increasing use and a growing number of states giving the green light for marijuana use, we need better answers,” he said.

The surgeon general and the director of the National Institute on Drug Abuse, along with several academics, are scheduled to testify at Wednesday’s hearing.

Senate Hearing To Focus On Marijuana And Health This Week

Photo courtesy of C-SPAN.

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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Michael J. Fox Parkinson’s Foundation Urges Congress To Pass Three Marijuana Research Bills

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A leading advocacy group that’s dedicated to finding treatment options for Parkinson’s disease is backing three pieces of marijuana research legislation in Congress.

The Michael J. Fox Foundation (MJFF)—named after the actor, who has Parkinson’s and established the nonprofit—said last week that lifting barriers to cannabis research, including rescheduling the plant under the Controlled Substances Act (CSA), is necessary to promote studies verifying marijuana’s potential therapeutic benefit for conditions such as Parkinson’s patients.

“The MJFF supports increased access to cannabis for medical research. Congress has begun to recognize this need, and there are several bills in the U.S. House and Senate designed to remove barriers that impede safe and legal access to cannabis by medical researchers,” the foundation said on its website. “The MJFF public policy team is tracking these bills and working to educate members of Congress and their staff on their importance to the Parkinson’s community.”

MJFF said it’s in favor of three marijuana bills, which would accomplish the following: 

Medical Cannabis Research Act

—Require the Justice Department to approve additional manufacturers for research-grade cannabis.

—Protect research institutions that conduct studies on marijuana.

—Authorize the U.S. Department of Veterans Affairs (VA) to inform patients about opportunities to participate in federally authorized cannabis studies.

VA Medicinal Cannabis Research Act

—Require VA to conduct studies into the therapeutic potential of marijuana in the treatment of various conditions that commonly afflict veterans such as chronic pain and post-traumatic stress disorder.

Expanding Cannabis Research and Information Act

—Reschedule marijuana from Schedule I to Schedule III under the CSA.

—Free up universities to conduct studies on cannabis by removing certain regulatory requirements.

In a letter to the Senate sponsor of that last piece of legislation, Sen. Dick Durbin (D-IL), in June, the foundation stated that marijuana’s current classification under federal law and the inadequate quality of cannabis grown at the only federally authorized manufacturing facility has meant that “researchers do not have the proper materials to conduct the necessary research.”

The foundation noted that it has submitted comments to the Food and Drug Administration arguing in favor of rescheduling in 2018 and 2019. It also applauded the Drug Enforcement Administration for announcing that it would take steps to approve additional federal cannabis farms for research.

“Current policies hinder comprehensive medical research on cannabis, making it difficult to generate the evidence needed for clear recommendations,” Andrew Koemeter-Cox, MJFF’s associate director of research programs, said. “This is especially problematic when some products may be unsafe for human use and have the potential for adverse interactions with other medications.”

Ted Thompson, the nonprofit’s senior vice president of public policy, said that removing barriers to research “is one way in which Congress can help scientific researchers determine what the benefits of medical cannabis might be for Parkinson’s disease.”

“Our role on the public policy team is to work with Congress and the administration to ensure there is access and funding for research and care initiatives that can benefit people living with Parkinson’s and, right now, that includes access to medical cannabis for research,” he said.

Senate Hearing To Focus On Marijuana And Health This Week

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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