Officials with the U.S. Drug Enforcement Administration (DEA) aren’t allowed to mess with businesses that sell certain cannabis products, the agency clarified to personnel in an internal directive on Tuesday.
However, the directive went on to assert the continuing validity of an earlier Federal Register notice that claimed cannabis extracts—including products that “contain only one cannabinoid” such as cannabidiol (CBD)—fall under Schedule I and are thus banned.
The new directive issued this week states: “Products and materials that are made from the cannabis plant and which fall outside the [Controlled Substances Act] definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA” and, thus, “[s]uch products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations.”
“The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA; the dispositive question is whether the substance falls within the CSA definition of marijuana.”
Yet the agency also maintained the legitimacy of its recently clarified ban on cannabinoids, including CBD—whether its extracted from marijuana or hemp.
The DEA said it decided to issue the directive “[i]n response to various inquiries.” It seems people have had some questions about the agency’s seemingly contradictory positions.
The legal confusion over the DEA’s enforcement authority on hemp goes back to a 2004 Ninth Circuit Court ruling. In essence, the court sided with the Hemp Industries Association that the DEA had overreached its authority with respect to hemp products. Even though hemp may contain trace amounts of THC, hemp products are not included in the CSA—and, therefore, the agency is not permitted to regulate the industrial crop, the court ruled.
The DEA acknowledged as much in its new directive.
Eric Steenstra, president of the advocacy group Vote Hemp, told Marijuana Moment in an email that this concession was “the result of a negotiated settlement with the Hemp Industries Association.”
The fact that the DEA is insisting CBD and other cannabinoids remain illegal, no matter the source, gets into another contradictory policy matter: the 2014 Farm Bill.
While the DEA’s New Drug Code rule with respect to cannabis extracts was upheld in a different Ninth Circuit Court ruling last month, the agricultural law lets states authorize the growing of hemp containing trace amounts of THC under pilot programs. Further, the court determined that the Farm Bill’s hemp provision “preempts” the CSA.
As cannabis attorney Daniel Shortt wrote in a recent blog post, the court stated “that when the Industrial Hemp portions of the Farm Bill conflict with the CSA, the Farm Bill prevails.”
There’s been significant debate and confusion over the accurate interpretation of the DEA’s policy with regard to CBD and hemp. The DEA, for its part, seems to acknowledge that in its new directive.
The most promising prospect of clarification or reform on the issue could come from a bill introduced by Senate Majority Leader Mitch McConnell (R-KY), who is calling on the federal government to remove hemp from the list of federally banned substances. He has already announced plans to insert hemp legalization language into this year’s version of the Farm Bill.
For now, DEA says that hemp products can be legally imported into and exported out of the U.S., even if current law doesn’t allow for legal hemp cultivation by American farmers.
“[A]ny product that the U.S. Customs and Border Protection determines to be made from the cannabis plant but which falls outside the CSA definition of marijuana may be imported into the United States without restriction under the Controlled Substances Import and Export Act,” the new notice reads. “The same considerations apply to exports of such products from the United States, provided further that it is lawful to import such products under the laws of the country of destination.”
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Policy Project Welcomes New Executive Director
The Marijuana Policy Project (MPP), the nation’s best-funded cannabis advocacy group, has named long-time social justice reform advocate Steve Hawkins as its next executive director.
Hawkins, who previously served as the executive director of the National Coalition to Abolish the Death Penalty (NCADP) and executive vice president of the NAACP, will assume responsibility for MPP’s national legalization advocacy efforts just months before a number of states vote to enact their own legal systems.
The decision was made after a “months-long candidate search that included several exceptionally qualified candidates,” MPP said in a press release.
“We are still battling the effects of decades of anti-marijuana legislation and propaganda in this country,” Hawkins told Marijuana Moment. “Huge strides have been made when it comes to setting the record straight, but our work is far from over and there is still a lot of misinformation out there that needs to be addressed.”
“Fundraising and maintaining momentum is also a core challenge for the movement, which is in some ways a victim of its own success. Thanks to the major gains it has made in recent years, many people think legalization is inevitable and that their donations are no longer needed or that they don’t need to take the time to write their elected officials. These laws are not going to change themselves and there is more need than ever for resources and engagement to support federal and state-level reform efforts.”
Hawkins’s experience running successful criminal justice reform campaigns—including a bipartisan effort to end capital punishment for juveniles during his time at the NCADP—made him an apt candidate to spearhead the fight to end prohibition, Troy Dayton, chair of MPP’s board of directors, said in a statement.
“Steve has a strong track record in the field of criminal justice reform, and he knows how to build a movement toward meaningful social change,” Dayton said. “We were not only impressed by his expertise and experience, but also his strong convictions regarding the injustice of marijuana prohibition.”
“The country is moving in the right direction on marijuana policy, but there is still a lot of work to be done.”
Hawkins also previously held leadership positions at Amnesty International and the Coalition for Public Safety.
He told Marijuana Moment that his three decades of experience “defending civil and human rights” has informed his belief that we should “bring an end to marijuana prohibition, which has had a hugely detrimental impact, especially to communities of color,” and that we should “replace it with a more sensible system of regulation.”
“I also believe it is critical we ensure those populations that were so negatively impacted by prohibition are able to participate in and experience the positive impacts of such a regulated system.”
At MPP, Hawkins will succeed Rob Kampia, who late last year left the organization he founded in 1995 to start a for-profit cannabis policy consulting firm called the Marijuana Leadership Campaign. Kampia’s departure was announced shortly after sexual misconduct allegations against him resurfaced amid the #MeToo movement.
Kampia offered some words of advice for the next person to occupy his former seat in a phone interview with Marijuana Moment:
“View yourself as a fundraiser who has to engage in transactional fundraising with the marijuana industry in part, and view yourself as needing to come up with a smart, strategic plan for lobbying in state legislatures rather than doing ballot initiatives where no one else is going to touch it. Do not view yourself as a spokesperson.”
Or in other words, less of a focus on talk, and more on action.
MPP named Matthew Schweich as the interim executive director while the group scouted for a replacement. Scweich will now serve as MPP’s deputy director overseeing marijuana reform initiatives in Michigan and Utah.
In a statement, MPP board member Joby Pritzker said Schweich “provided critical leadership during a challenging transition period for MPP.”
“He maintained the effectiveness of our advocacy operations, managed our fundraising efforts, and oversaw ballot initiative campaigns in multiple states, while at the same time leading our staff and assisting the board with the executive director search.”
The past few years have seen a number of leadership changeups at national pro-legalization groups.
NORML brought on Erik Altieri as executive director in 2016 after Allen St. Pierre left the organization following 11 years of service. And last year, the Drug Policy Alliance announced that it had hired Maria McFarland Sánchez-Moreno, who worked on international and domestic drug policies issues for 13 years at the Human Rights Watch, as the new executive director to replace retiring founder Ethan Nadelmann.
While the objective at all of these groups—promoting equitable drug policy reform in the United States—has remained the same, the nature of the movement has evolved. A majority of states have now legalized cannabis for medical or recreational purposes, and though state-level reform efforts continue, calls for change at the federal level are increasingly resonant.
That is to say, these new executive directors will face a different set of challenges than their predecessors did.
Photo courtesy of Beloit College.
UN Launches First-Ever Full Review Of Marijuana’s Status Under International Law
For the first time ever, the United Nations (UN) is launching an in-depth review of whether marijuana is properly classified under international drug treaties.
In a related development, the UN’s World Health Organization (WHO) has announced that cannabidiol (CBD), a compound in marijuana that is increasingly used for medical purposes, does not warrant being controlled under the global agreements.
“The Committee recommended that preparations considered to be pure CBD should not be scheduled within the International Drug Control Conventions,” WHO Director-General Tedros Adhanom Ghebreyesus wrote in a letter announcing the moves. “The Committee concluded that there is sufficient evidence to proceed to a Critical Review” of marijuana, hashish, cannabis extracts and THC.
That broader review is set for November, and follows the results of an initial pre-review conducted by WHO’s Expert Committee on Drug Dependence (ECDD) in June.
“A pre-review is the first step of the ECDD’s assessment process, where it is determined whether there is enough robust scientific information to proceed to the next step, called a critical review,” an explanatory document accompanying the new letter reads. “This initial evaluation is also an opportunity to identify gaps in the available scientific data. A critical review is carried out when there is sufficient scientific evidence to allow the ECDD to make informed an recommendation that the substance be placed under international control, or if its level of control should be changed.”
The reviews include analyses of the chemistry, pharmacology, toxicology, epidemiology and therapeutic use of the substances.
If the UN ultimately decides to change marijuana’s status under international law, it would trigger a review on U.S. scheduling, according to provisions of the Controlled Substances Act.
“Thankfully the World Health Organization has accepted the challenge of evaluating the placement of cannabis in the 1962 Single Convention treaty,” Michael Krawitz of Veterans for Medical Cannabis Access told Marijuana Moment. “Cannabis placement in the treaty was done in the absence of scientific evaluation and has provided the basis for a moral campaign against drugs by the USA for many decades. Since our work on medical access to cannabis has been based upon scientific inquiry we know that any rational assessment of the evidence leads the observer to understand cannabis indeed has proven medicinal value and, compared to other medicines, has profoundly fewer negative side effects.”
Here’s what the UN experts have determined so far:
“There are no case reports of abuse or dependence relating to the use of pure CBD. No public health problems have been associated with CBD use,” an annex attached to Ghebreyesus’s letter reads, noting that research has shown it to be effective in treating epilepsy. “CBD has been found to be generally well tolerated with a good safety profile.”
“Cannabidiol (CBD) is not specifically listed in the schedules of the 1961, 1971 or 1988 United Nations International Drug Control Conventions… There is no evidence that CBD as a substance is liable to similar abuse and similar ill-effects as substances in the 1961 or 1971 Conventions such as cannabis or THC, respectively. The Committee recommended that preparations considered to be pure CBD should not be scheduled.”
When it comes to whole-plant marijuana and resin, ECDD’s pre-review found that while “adverse effects” are possible and that cannabis can cause physical dependence, its current categorization in international treaties “may not appear to be consistent with the criteria.”
“Several countries permit the use of cannabis for the treatment of medical conditions such as back pain, sleep disorders, depression, post-injury pain, and multiple sclerosis,” the document says. “The evidence presented to the Committee did not indicate that cannabis plant and cannabis resin were liable to produce ill-effects similar to these other substances that are in Schedule IV of the 1961 Convention on Narcotic Drugs. The inclusion of cannabis and cannabis resin in Schedule IV may not appear to be consistent with the criteria for Schedule IV.”
“The Committee concluded that there is sufficient evidence to proceed to critical review of cannabis plant and cannabis resin at a future ECDD meeting and explore further the appropriateness of their current scheduling within the 1961 Convention.”
With respect to extracts and tinctures of cannabis, the committee similarly identified health issues associated with consumption, but said “there is limited evidence of a withdrawal syndrome upon abrupt cessation.”
The committee also looked at THC itself and isomers of THC, and recommended that both be subject to critical reviews in November.
Ghebreyesus’s letter is addressed to UN Secretary-General Antonio Guterres, who will be the ultimate recipient of WHO’s recommendations on cannabis and related extracts and compounds following the review.
Guterres was prime minister of Portugal when that nation decriminalized all drugs, a move he touted last year in an address to the UN’s Commission on Narcotic Drugs. After the critical reviews are in, that body will vote on whether to alter cannabis’s status under the international treaties.
Marijuana Moment Patreon supporters can see the full text of the new WHO letter on cannabis below:
North Dakota Marijuana Legalization Measure Qualifies For November Ballot
North Dakotans voted to approve medical cannabis two years ago, and now they will get the chance to decide on full marijuana legalization this November.
Activists collected a sufficient number of signatures to qualify a ballot measure that would allow adults over 21 to use and grow marijuana, the secretary of state’s office determined on Monday.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Philip Steffan.