It’s not often that marijuana legalization supporters and opponents agree on the negative implications of cannabis’s classification under federal law.
But a group involving some of the leading voices opposing legalization recently told Congress that marijuana’s current Schedule I status “effectively limit[s] the amount and type of research that can be conducted” on the drug.
That’s something activists working to end the criminalization of marijuana and otherwise change its legal status have been saying for decades.
Meanwhile, many of the same legalization opponents who make up the group behind the new congressional submission pointing out research roadblocks have repeatedly argued that federal law doesn’t stand in the way of cannabis studies.
Schedule I is supposed to be reserved for drugs with a high potential for abuse and no medical value. Researchers and advocates have often said that studies on substances classified there have to overcome approval hurdles that don’t exist for other substances.
“At a time when we need as much information as possible about these drugs, we should be lowering regulatory and other barriers to conducting this research,” the group Friends of the National Institute on Drug Abuse (FNIDA) wrote in its submission, which contains suggested language it wants the Senate Appropriations Committee to include in a report attached to legislation funding NIDA and other federal health agencies for Fiscal Year 2018.
FNIDA is a “coalition of over 150 scientific and professional societies, patient groups, and other organizations committed to preventing and treating substance use disorders as well as understanding their causes through the research agenda of NIDA,” its Senate document says.
The group’s Board of Scientific Advisors includes several prominent legalization opponents, including Smart Approaches to Marijuana’s Kevin Sabet, former Rep. Patrick Kennedy (D-RI), former White House drug czar Barry McCaffrey, former National Institute on Drug Abuse Director Robert DuPont and former Office of National Drug Control Policy Deputy Director Bertha Madras, according to the group’s letterhead. Representatives of the Partnership for a Drug-free America, Community Anti-Drug Coalitions of America and the American Society of Addiction Medicine sit on the organization’s executive committee.
It is unclear when exactly FNIDA submitted the proposal, but it was published as part of a document posted by the U.S Government Printing Office on Wednesday that compiled requests for Fiscal Year 2018 spending legislation.
“The Committee directs NIDA to provide a short report on the barriers to research that result from the classification of drugs and compounds as Schedule 1 substances,” FNIDA wants the Senate panel to demand of the federal agency.
The same organization submitted a similar proposal for FY 2017, and the Appropriations Committee ended up adopting much of the language for its final report that year. The House Appropriations Committee also included criticism of Schedule I’s research roadblocks in its own 2017 report.
As reported by MassRoots when FNIDA’s 2017 submission was published, a number of the group’s members have dismissed the notion that cannabis’s Schedule I status is a barrier to studies:
Madras, for example, called the Drug Enforcement Administration’s denial of marijuana rescheduling petitions last August “a victory for science that, to me, is very comforting.”
Also last year, she wrote, “Is Schedule I drug a roadblock to marijuana research? Not really,” adding that moving cannabis to Schedule II would be “conceivably unethical.”
Sabet’s group called rescheduling a “red herring” in a 2015 report, saying that it would not “solve the problem of the need for more research, and instead would likely encourage illegal operators to continue to manufacture inferior products.”
In a Huffington Post piece, he wrote that discussion about reclassifying marijuana is “distracting and essentially meaningless” and doing so would “mainly serve as a symbolic victory for marijuana advocates.”
In a 2013 law review article, Sabet argued that “it is not necessary for marijuana to be rescheduled in order for legitimate research to proceed. Schedule I status does not prevent a product from being tested and researched for potential medical use.” (He did acknowledge that “additional Schedule I restrictions can delay a research program,” and in a 2015 Senate hearing, under intense questioning from Sen. Cory Booker (D-NJ), was forced to admit that moving marijuana to Schedule II would make it “absolutely easier to research.”)
Kennedy and DuPont joined Sabet in signing a 2014 Smart Approaches to Marijuana letter asking the Obama administration not to reschedule marijuana, claiming that a change in status would be “scientifically dubious” and “is not necessary to facilitate research.”
As drug czar, McCaffrey argued that marijuana “can’t be moved to Schedule two.”
Even after the earlier submission was publicized, Sabet continued to publicly dismiss the notion that it is unduly difficult for scientists to study Schedule I drugs.
What was that about "not being able to research Schedule I drugs!" again? https://t.co/nD31ocJBu9
— Kevin Sabet (@KevinSabet) August 27, 2017
Sabet and FNIDA did not respond to requests for comment by the time of publication.
O’Rourke And Cruz Clash On Marijuana And Drugs At Senate Debate
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.
It’s time to end the war on drugs. That starts by ending the federal prohibition on marijuana.
— Beto O'Rourke (@BetoORourke) September 21, 2018
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.
Ted Cruz accidentally advocating against marijuana legalization, an incredibly popular policy in the country and in Texas…
— Texas College Dems (@CollegeDemsTX) September 21, 2018
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.
Photo courtesy of NBC News.
Lawmaker Pushes For Marijuana Legalization In Kenya
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.”
It's high time Kenya dealt with the question of #marijuana like we do for miraa, tobacco, and alcohol#DecriminalizeIt #LegalizeIt #RegulateIt #TaxIt #HarmReduction #PettyOffences @YoungMPsKenya @HumanRightsMPs @KEWOPA @ICJKenya @lawsocietykenya @shecyclesnbi @DavidNdii @gathara pic.twitter.com/6ISnxjt2gS
— Kenneth Okoth, MP Kibra (@okothkenneth) September 21, 2018
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.
Kenya Gazette special issue "..Act of Parliament to decriminalize the growth and use of Marijuana.." pic.twitter.com/gXFNx8ehbC
— The African Voice (@teddyeugene) September 21, 2018
“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.
Photo courtesy of Wikimedia.
Governor Signs Marijuana Legalization Bill, Making History In US Territory
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.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Max Pixel.