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Marijuana Legalization Opponents Admit Federal Law Is Blocking Research

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Legalization advocates aren’t the only ones who recognize that marijuana’s current restrictive federal classification inhibits research. Recently, a group involving several of the nation’s leading prohibition supporters raised this issue with Congress.

Friends of the National Institute On Drug Abuse (FNIDA) submitted recommended language on the issue to a Senate committee, voicing concern that the the status of cannabis and other drugs as a Schedule I controlled substances is preventing scientists from conducting valuable research.

It also contained text calling NIDA, a federal agency, to issue a report on research barriers related to marijuana’s scheduling status.

FNIDA describes itself in a newly published Senate document as “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.”

The group aimed to have the language adopted into a fiscal year 2019 spending report for the Departments of Labor, Health and Human Services, and Education, and Related Agencies. It’s not clear when FNIDA submitted the statement, but theirs and other recommendations were released by the Government Publishing Office earlier this month.

Here’s what FNIDA urged the committee to adopt: 

Barriers to Research—The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act [CSA] effectively limit the amount and type of research that can be conducted on certain Schedule 1 drugs, especially marijuana or its component chemicals and certain synthetic drugs. 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 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.”

Similar language made it into an Appropriations Committee report that was approved in September.

Notably, several members of FNIDA have publicly contradicted the submission, arguing that rescheduling isn’t necessary to support research efforts. That includes Kevin Sabet, president of the prohibitionist organization Smart Approaches to Marijuana (SAM), who serves on the group’s Board of Scientific Advisors, according to a 2019 FNIDA letter that expressed support for a congressional cannabis research bill that seeks to amend the CSA.

Sabet’s group said in 2015 that rescheduling 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” (though he did acknowledge that “additional Schedule I restrictions can delay a research program”).

The FNIDA letterhead also lists vocal legalization opponents such as former White House drug czar Barry McCaffrey, former NIDA Director Robert DuPont and former Office of National Drug Control Policy Deputy Director Bertha Madras as scientific advisors.

As drug czar, McCaffrey argued that marijuana “can’t be moved to Schedule two.”

Madras has applauded the Drug Enforcement Administration for denying a rescheduling petition, calling it “a victory for science that, to me, is very comforting.” She also said that moving marijuana to Schedule II would be “conceivably unethical.”

Former Rep. Patrick Kennedy (D-RI), a cofounder of SAM, also sits on FNIDA’s Board of Scientific Advisors, and representatives of the Partnership for a Drug-free America, Community Anti-Drug Coalitions of America and the American Society of Addiction Medicine are members of the group’s executive committee.

Kennedy and DuPont joined Sabet in signing a 2014 SAM 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.”

Despite the vocal anti-rescheduling advocacy of several of its members, this is at least the third year in a row that FNIDA has implored Congress to integrate its recommended language on marijuana research into spending reports, and each year, similar text has appeared.

NIDA Director Nora Volkow acknowledged in April that “the moment that a drug gets a Schedule I, which is done in order to protect the public so that they don’t get exposed to it, it makes research much harder.”

Centers for Disease Control and Prevention Principal Deputy Director Anne Schuchat said earlier this month that while her agency provides testing guidance to state health departments, cannabis’s federal scheduling status has presented “some challenges” and delays in efforts to effectively test vaping products that contain THC amid an outbreak of severe lung injuries.

SAM and FNIDA did not respond to Marijuana Moment’s requests for comment for this story.

New Congressional Resolution Calls For Marijuana Legalization And Drug Expungements

Photo courtesy of Chris Wallis // Side Pocket Images.

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.

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Congressional Bill Requires Legal Marijuana States To Consider Impaired Driving Policies

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Democratic leadership in a House committee introduced a bill on Wednesday that includes a provision requiring legal marijuana states—and only those states—to consider ways to promote education about the dangers of cannabis-impaired driving while curbing such behavior.

The chairman of the House Transportation and Infrastructure Committee filed the legislation, which is also being cosponsored by several chairs of subcommittees under the panel. While the main thrust of the INVEST in America Act is aimed at promoting the completion of various long-term infrastructure projects, it also features language concerning cannabis policy.

Under the bill, a section of current law requiring that states establish highway safety programs would be amended to add a section stipulating that states “which have legalized medicinal or recreational marijuana shall consider programs in addition to the programs…to educate drivers on the risks associated with marijuana-impaired driving and to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.”

Reform advocates support measures to reduce impaired driving, but there may be some who take issue with the provision given the implication that legalizing marijuana increases the risk of people driving while impaired. Research isn’t settled on that subject.

A congressional research body said in a report last year that concerns expressed by lawmakers that cannabis legalization will make the roads more dangerous might not be totally founded. In fact, the experts tasked by the House and Senate with looking into the issue found that evidence about cannabis’s ability to impair driving is currently inconclusive.

Beside that contention, the legislation seems to neglect to take into account that cannabis-impaired driving isn’t exclusive to legal states and that public education could be beneficial across all states regardless of their individual marijuana policies.

“It is somewhat absurd to draw a differentiation between states when it comes to the current legal status, because it is entirely feasible that every state will be legalized by the end of this decade,” NORML Political Director Justin Strekal told Marijuana Moment. “And regardless, I have heard rumors that some Texans consume cannabis despite its prohibited status.”

Transportation Committee Chairman Peter DeFazio (D-OR) said in a press release that the overall bill “is our opportunity to replace the outdated systems of the past with smarter, safer, more resilient infrastructure that fits the economy of the future, creates millions of jobs, supports American manufacturing, and restores U.S. competitiveness.”

Subcommittee on Highways and Transit Chairwoman Eleanor Holmes Norton (D-DC) and Subcommittee on Railroads, Pipelines and Hazardous Materials Chairman Dan Lipinski (D-IL) are also sponsoring the legislation, which is scheduled for a full committee vote on June 17.

U.S. Virgin Islands Governor Touts Legal Marijuana’s Economic Potential At Revenue Meeting

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U.S. Virgin Islands Governor Touts Legal Marijuana’s Economic Potential At Revenue Meeting

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The governor of the U.S. Virgin Islands (USVI) on Tuesday again stressed the need to legalize marijuana in order to generate tax revenue for the territory’s fiscal recovery from the coronavirus pandemic.

Gov. Albert Bryan Jr. (D), who unveiled a revised legalization bill last month and pushed legislators to promptly take it up, discussed the projected economic impact of the policy change at a revenue conference.

During the virtual meeting, he pulled up a spreadsheet that breaks down estimates for annual cannabis sales from residents and tourists, as well as potential revenue from taxes and fees.

Cruise passengers and non-resident hotel guests will make approximately $43 million in annual marijuana purchases, the estimate from an independent firm states. Residents, meanwhile, are projected to spend about $38 million on cannabis each year.

“This doesn’t include what we would call the second and third turns in the economy in term of products being bought like lamps and fertilizer, jobs being created, dispensary jobs. None of that,” the governor said.

Watch the governor discuss marijuana legalization’s economic impact, starting around 3:10:35 into the video below:

In terms of revenue, the territory can expect to take in about $11 million annually from tourists, who will be taxed at 25 percent for marijuana products. Residents, who will be taxed at a much lower rate, will contribute about $3 million in taxes. All told, the territory is estimated to generate nearly $18 million in cannabis sales tax revenue per year.

Additionally, the analysis projects that USVI will receive $12.1 million from licensing fees and a cultivation tax. Point of sale permits for cruises and hotels will bring in another $3.6 million.

It all adds up to “a $33 million deposit in our treasury due to cannabis sales,” Bryan said, characterizing the projections as conservative estimates.

The governor said he wanted to highlight these figures to conference attendees “to show you quickly what this could mean to the territory should we have this enacted and we go to work.”

Via WTJX Virgin Islands Public Broadcasting System.

“Of course, it’s going to take some work to get this done,” he said. “But we need to get this measure done as quickly as possible in order to start impacting our economy in a very positive way.”

Bryan has previously said that beyond helping to offset some of the financial damage that COVID-19 outbreak has created, establishing a legal cannabis market would provide funding for the territory’s retirement system for government employees.

After he first proposed the policy change and directed the legislature to take up the issue in a special session late last year, several legislators voiced opposition to specifics of the proposal.

Some questioned the notion that tax revenue from cannabis sales could make up for the significant deficits running within the retirement program, while others argued that the legislation as drafted did not adequately address social equity. Another issue that arose concerned licensing, with lawmakers worried that small businesses on the island would be left out.

The governor’s revised marijuana legalization bill, which has been transmitted to the Senate for action, would ban home cultivation for recreational consumers, allow cultivation for medical cannabis patients, increase the number of members of the government’s Cannabis Advisory Board and limit non-residents to purchasing up to seven grams of flower per day while residents could buy up to an ounce.

There would be no tax on cannabis sales for medical patients, a 7.5 percent tax for residents and a 25 percent tax for non-residents.

In order to own a marijuana business, an individual must have been a resident of USVI for at least 10 years. For micro-cultivator business, the threshold is five years of residency.

A special “cannabis fund” would be established under the proposed legislation, with 20 percent of marijuana tax revenue being allocated to fund the Office of Cannabis Regulations, a cannabis testing program, job training, substance misuse treatment and grant programs for business incubation and micro-lending.

The bill also provides for automatic expungements for prior marijuana possession convictions, encourages research into the benefits of cannabis and recognizes the rights of individuals who wish to use or grow the plant for religious purposes.

Bryan signed the territory’s existing medical cannabis law last year.

The U.S. Department of Agriculture approved USVI’s hemp plan last month.

Virginia Governor Says Marijuana Decriminalization Partly Addresses Racial Inequity Inspiring Mass Protests

Photo courtesy of Philip Steffan.

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Virginia Governor Says Marijuana Decriminalization Partly Addresses Racial Inequity Inspiring Mass Protests

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The governor of Virginia said on Tuesday that the passage of marijuana decriminalization legislation this year represents an example of how his state has addressed racial inequities that are inspiring mass protests over recent police killings of black Americans.

In a speech, Gov. Ralph Northam (D) said that while he cannot personally attest to the pain that the black community is grappling with, there are steps lawmakers can take to reform policies that disproportionately harm minorities. That includes removing the threat of jail time for cannabis possession—an offense more likely to be enforced against black people despite comparable rates of use among white people.

“Through 400 years of American history—starting with the enslavement of Africans, through Jim Crow, massive resistance and now mass incarceration—black oppression has always existed in this country, just in different forms,” he said. “I cannot know how it feels to be an African American person right now or what you are going through. I cannot know the depth of your pain. But what I can do is stand with you and I can support you, and together we’re going to turn this pain into action.”

That action has meant “reforming criminal justice,” he said. “It meant decriminalizing marijuana.”

The governor, who faced severe scrutiny last year after he admitted he was in a yearbook photo showing people wearing blackface and dressed as KKK members, also cited expanding access to Medicaid and increasing the threshold for felony larceny as examples of ways the state has addressed racial inequality during his administration.

Northam signed a marijuana decriminalization bill last month and it goes into effect on July 1. Under the legislation, possessing up to one ounce of cannabis will be punishable by a $25 fine with no threat of jail time and no criminal record. Current Virginia law makes simple possession punishable by a maximum $500 fine, up to 30 days in jail and a criminal record.

Later in the Tuesday press conference, Shirley Ginwright, a member of the Virginia African American Advisory Board that Northam established, thanked him specifically for approving the cannabis decriminalization bill.

“So many of our students and our young black men and women were getting caught up in the criminal justice system because of marijuana, something that wasn’t killing them,” she said.

The governor isn’t alone in connecting the outrage over police killings of black Americans such as George Floyd and Breonna Taylor to cannabis prohibition enforcement. Sen. Cory Booker (D-NJ) also recently said racial disparities in marijuana criminalization is an example of a systemic injustice that underlies the frustration of minority communities.

Last week, 12 House members introduced a resolution condemning police brutality and specifically noting the racial injustices of the war on drugs.

The measure came one week after 44 members of the House sent a letter to the Justice Department, calling for an independent investigation into a fatal police shooting of Taylor in a botched drug raid.

Berner, a rapper who owns a marijuana dispensary that was looted in Los Angeles over the weekend, also seemed to echo Booker’s sentiment, stating that the damage to his shop to looting pales in comparison to the underlying racial injustices that prompted the protests.

Marijuana Legalization And The Fight For Racial Justice (Op-Ed)

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