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Marijuana Legalization Will Be A 2021 Priority If Biden Is Elected, Senator Says

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Marijuana legalization will be at the forefront of the congressional agenda in 2021 if Democratic presidential nominee Joe Biden and his running mate Sen. Kamala Harris (D-CA) are elected, Sen. Ed Markey (D-MA) said on Tuesday.

During a forum hosted by the Black Economic Council of Massachusetts (BECM) and other groups, the senator, who is currently facing a primary challenge from Rep. Joe Kennedy (D-MA), said the policy change “should happen in 2021.”

“It should be, amongst other things, a recognition that so much of what has happened over the last 20 to 25 years in our country is that we have criminalized being black, being brown, being immigrant, being poor, substance issues, mental health issues, homelessness issues—we’ve criminalized it,” he said.

“Ultimately at the federal level—beginning on January 20, 2021, when Joe Biden and Kamala Harris are sworn in—we create the programs that makes it possible for businesses to gain access to the capital they need in the minority community so that they can establish their own businesses in the cannabis sector,” the senator said.

He also said during a separate interview last month that Congress will advance marijuana reform regardless of the fact the Biden has maintained an opposition to adult-use legalization.

The Democratic primary race for the Senate seat to represent Massachusetts is revealing just how importantly congressional candidates view marijuana policy to be, and both Markey and Kennedy are attempting to cast themselves as the champion of reform.

That was apparent again during the interviews the candidates gave during this week’s forum, where they were pressed on the ongoing racial disparities in cannabis business ownership in the state. While both previously opposed legalization, they’ve each evolved—and advocates say the new comments showed an appreciation for the nuances of social equity in reform.

While Markey has recently claimed to have voted in favor of the 2016 Massachusetts initiative to legalize marijuana, it’s also the case that he was slow to publicly embrace the issue and to sign on to comprehensive reform legislation in Congress. It is only within the last year that he signed onto three pieces of cannabis legalization legislation, just days after Kennedy announced that he would be campaigning to unseat him in 2020.

Kennedy, who was a staunch prohibitionist until he flipped in support of legalization in 2018, said during the new forum interview that he backs the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, stressing that it contains restorative justice provisions such as automatic expungements and using cannabis tax revenue to reinvest in communities most impacted by the drug war.

“I support that legislation and will continue to push on legislation to make it through the House of Representatives because the time has come,” the congressman said.

With respect to Massachusetts, where minority ownership in the industry is dismal despite efforts by regulators to implement social equity provisions, Kennedy said that the lesson is that “it takes more than just a desire to actually get this done and get it done right.”

Because of the “regulatory complexity around the startup costs and startup for barriers to entry, it would take a long time and significant initial investment in order to be able to get a business up and running,” he said. “That in and of itself left people out of—and a disproportionately minorities—out of the ability to gain access to those resources to the financing to navigate through that system.”

“We need to make sure that, as Massachusetts decides to move forward with more and more licenses here, that we’re doing this in a way that is actually going to benefit the local communities with a particular eye towards diversity and intentionality,” he added. “And the federal law has to catch up, and the fact that it’s still delayed obviously continues to exacerbate some of those inequities.”

Markey was asked the same question about methods of promoting diversity in the market, and he focused on the need to establish programs that provides communities targeted by the war on drugs with capital to enter the industry.

“We have to make sure that we just set an absolute goal for the number of minority businesses that are going to be in this sector and we have to just say it, whether it’s in Boston or Springfield Worcester, whether it’s in Lawrence at Chelsea or Malden where I’m sitting here right now in my living room,” he said. “We just have to say, that’s the goal, and we’re going to make sure that we direct financing help towards those small businesses.”

“When this round [of reform] occurs, we just have to say it, and then make sure when the financing is there that helps these small businesses to take advantage of this brand new era,” he said. “And we have to make sure that the black community, the minority committee, is at the front of the line and getting the help it needs. There has to be an intentionality that we attach to make sure that everyone is able to fully participate.”

Markey and Kennedy similarly touted their support for cannabis policy reform during a primary debate in June. Interestingly, Kennedy also recently expressed enthusiasm about the therapeutic potential of certain psychedelics—a position that Markey has not gone on the record about so far.

Joe Biden Needs To Evolve On Marijuana Legalization, Congressional Cannabis Leader Says

Photo courtesy of Brian Shamblen.

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Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

Nevada Sold More Than $1 Billion In Marijuana In One Year, Officials Report

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

Singer Melissa Etheridge And Activist Van Jones Promote Psychedelics Reform As Movement Grows

Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

Florida Democratic Candidates For Governor Fight Over Who Supports Marijuana Reform The Most

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