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Senate Committee Urges Hemp THC Rule Change And Includes Numerous Other Marijuana Provisions In Spending Bills

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Senate appropriators on Tuesday released several wide-ranging spending bills and related reports for the 2021 fiscal year that include a variety of provisions related to marijuana and hemp.

Perhaps the most consequential new provision from the Senate Appropriations Committee—at least in the short-term—criticizes a proposed hemp rule from the U.S. Department of Agriculture (USDA).

Hemp is defined under federal statute as containing no more than 0.3 percent THC, but the agency proposed a negligence threshold of up to 0.5 percent—and farmers who exceed that limit would have to destoy their crop. The Senate panel is pushing back against that rule, however, urging USDA to reconsider that “arbitrary” policy in light of stakeholder feedback.

The Senate report also says that another USDA provision “creates roadblocks for farmers by requiring an unrealistic timeframe for testing” and asks the agency to “ensure that any final rule is based on science and will ensure a fair and reasonable regulatory framework.” Advocates and stakeholders have made similar arguments since USDA released its interim rule.

Several other cannabis-related provisions that have appeared in prior appropriations bills and reports are back again. Those include measures banning Washington, D.C. from using its own local tax dollars to implement a regulated marijuana market and protecting state medical cannabis programs from federal intervention. Additionally, lawmakers continue to flag barriers to marijuana research caused by federal prohibition.

One new section asks the National Institute on Drug Abuse (NIDA) to add more cannabis-related questions to an annual federal survey of young people. Specifically, lawmakers want to include measures of “consumption of flavored marijuana vapes and marijuana edibles flavored to appeal to adolescents.”

As noted, the spending bill and committee report cannabis provisions largely align with prior years’ spending bill. Beyond the D.C. and medical marijuana sections, senators also called for $5 million in funding for Food and Drug Administration (FDA) research into cannabis and its derivatives, protecting state hemp programs and expanding marijuana studies within the U.S. Department of Health and Human Services (HHS), for instance.

The House advanced its own appropriations bills over the summer that include broader cannabis reform policies, though there is some overlap between the two chambers.

The House versions contain provisions to protect recreational marijuana legalization laws from federal interference, ease cannabis businesses’ access to basic banking services, expand research, oversee the country’s hemp and CBD industries and grant D.C. the ability to legalize recreational sales.

Fiscal year 2021 already began on October 1, so the government has been relying on continuing resolutions (CRs) to keep programs and agencies funded. Hemp advocates celebrated after the president signed a CR in September that extends a 2014 pilot program for the crop until 2021. It was initially set to expire in October.

The current CR in place will end on December 11, meaning that there would be a federal shutdown if lawmakers don’t pass another short-term extension of full-year appropriations package by then.

“By and large, these bills are the product of bipartisan cooperation among members of the committee,” Appropriations Committee Chairman Richard Shelby (R-AL) said of his panel’s new bills in a press release. “Time after time, we have demonstrated our willingness to work together and get the job done. We have before us the opportunity to deliver for the American people once again.”

Hemp advocates celebrated the committee’s pushing USDA on the issue.

“It is clear that YOUR lobbying has been effective, and we are very optimistic that this will make a difference as USDA moves to a Final Rule,” the advocacy group U.S. Hemp Roundtable said in an email blast responding to the THC-related report language.

Below is the full language of each cannabis-related legislative and report provision, separated according to their respective area of policy.

Hemp and CBD

The reports also call on federal agencies to “propose amendments” to resolve concerns about hemp THC limits, study the environmental impacts of hemp cultivation and reject new agricultural user fees, including those imposed on cannabis producers.

Hemp.—The Committee is concerned that the interim final rule entitled ‘‘Establishment of a Domestic Hemp Production Program’’ published by the Department of Agriculture in the Federal Register on October 31, 2019 (84 Fed. Reg. 58522) creates roadblocks for farmers by requiring an unrealistic timeframe for testing, the use of Drug Enforcement Administration registered laboratories, the conversion of THCA into THC, a sampling of only flowering tops, and an arbitrary negligence threshold of 0.5 percent. The Committee directs USDA to propose amendments to the interim final rule to ensure that any final rule is based on science and will ensure a fair and reasonable regulatory framework for commercial hemp production in the United States. In addition, the Committee encourages the Secretary to utilize current Agricultural Research Service research to revise the hemp sampling and testing protocols.

Hemp Cultivation Sustainability.—The Committee encourages the Secretary to study the usage and impacts of energy and water in hemp cultivation and controlled environment agriculture and to make recommendations on best practices and standards in both sectors.

Hemp.—The Committee is aware of statements made by the Department acknowledging the eligibility of researchers participating in hemp pilot programs, as defined by Section 7606 of the Agricultural Act of 2014 (Public Law 113–79), to compete for Federal funds awarded by the Department. The Committee directs the Department to work with and inform stakeholders of this eligibility and to support hemp research, as authorized by Section 7606 of the Agricultural Act of 2014 (Public Law 113–79) and Subtitle G of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627, 1635– 1638)

Hemp Germplasm.—The Committee recognizes the increasing demand for hemp for a variety of uses and its growing importance as a crop for U.S. farmers. When the Nation’s hemp germplasm was destroyed in the 1980s, researchers lost access to publicly available germplasm for plant breeding purposes. The Committee directs ARS to establish and maintain a hemp germplasm repository at the Plant Genetics Resources Research Unit and provides no less than the fiscal year 2020 level for this purpose. The Committee also encourages ARS and the Plant Genetics Resources Research Unit to partner with 1890 institutions that have existing institutional capacity on hemp germplasm research, education, and extension capabilities.

Hemp Production Systems.—The Committee recognizes the emerging market potential for U.S. hemp and hemp-based products for a variety of uses. The Committee directs ARS to conduct regionally-driven research, development, and stakeholder engagement to improve agronomic and agro-economic understanding of effectively integrating hemp into existing agricultural cropping, processing, and marketing systems. The Committee provides an increase of $2,000,000 for this purpose. Research, engagement, and technology transfer shall be conducted in strict accordance with all applicable Federal and State authorities and regulations.

Proposed User Fees.—The Committee rejects the Administration’s proposal to administratively implement new user fees to cover the government’s full cost for providing services to certain beneficiaries, including licenses for…domestic hemp production… The Committee strongly believes that USDA should not propose new user fees without taking into account the full impact on farmers, ranchers, and beneficiaries who would be forced to contend with rapid changes in these programs and additional burdensome costs without prior notice.

Cannabis and Cannabis Derivatives.—As previously noted, the Committee provides $5,000,000 to support regulatory activities, including developing policy, and for the FDA to continue to perform its existing regulatory responsibilities, including review of product applications, inspections, enforcement, and targeted research for cannabis-derived substances, such as cannabidiol [CBD]. Within 90 days of enactment of this Act, the FDA shall issue a policy of enforcement discretion with regard to certain products containing CBD meeting the definition of hemp as defined by section 297A of the Agricultural Marketing Act of 1964 (7 U.S.C. 1639). Such enforcement discretion shall be in effect until the FDA establishes a process for stakeholders to notify the FDA of use of CBD in products that include safety studies for intended use per product and makes a determination about such product. In addition, the FDA is encouraged to consider existing and ongoing medical research related to CBD that is being undertaken pursuant to an Investigational New Drug application in the development of a regulatory pathway for CBD in products under the jurisdiction of the FDA and to ensure that any future regulatory activity does not discourage the development of new drugs. The Committee also encourages the FDA to partner with an academic institution to expand sampling studies of CBD products currently on the market.

Hemp-Based Products.—The Committee recognizes the growing interest for U.S. hemp and hemp-based products for a variety of uses and directs FCA to work with the institutions under its jurisdiction to provide access to guaranteed loans for hemp producers and businesses.

The Committee provides a net increase of $38,000,000 for cross cutting, medical product and food safety activities requested in the budget. Included in this funding is…$5,000,000 for Cannabis and Cannabis Derivatives…

Hemp Testing Technology.—The Agriculture Improvement Act of 2018 (Public Law 115–334) removed hemp and its derivatives from the Controlled Substances Act (Public Law 91–513, as amended), and authorized the production, consumption, and sale of hemp and hemp-derived products in the United States. The Act requires random testing to ensure hemp meets the definition under the law of having a delta-9 tetrahydrocannabinol [THC] concentration of less than 0.3 percent. The Committee is aware that DEA has developed field testing kits that can distinguish between hemp and marijuana on-the-spot. The Committee directs the DEA to continue to work to ensure State and local law enforcement have access to this field test technology so they can more efficiently conduct their drug interdiction efforts at the local level. The Committee further directs the DEA to report back to the Committee not later than 180 days after enactment of this act, and not less than every 6 months thereafter, until such time as testing kits are deployed to State and local law enforcement in the field.

Bills funding USDA and the Department of Justice also contain long-standing provisions making clear that federal agencies should not interfere with state hemp research programs.

SEC. 744. None of the funds made available by this Act or any other Act may be used—
(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014 or Subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated.

SEC. 529. None of the funds made available by this Act may be used in contravention of section 7606 (‘‘Legitimacy of Industrial Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.

Protecting State Medical Cannabis Laws

The Justice Department bill also includes a rider protecting state medical cannabis programs from federal intervention, though it does not account for South Dakota voters’ recent decision to legalize.

SEC. 530. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

Marijuana Research

The report for the bill to fund the Department of Health and Human Services contains several passages directing officials to expand marijuana research, including a note that cannabis’s Schedule I status impedes research.

Barriers to Research.—The Committee is concerned that restrictions associated with Schedule I of the Controlled Substance Act (Public Law 91–513) effectively limit the amount and type of research that can be conducted on certain Schedule I drugs, especially opioids, marijuana or its component chemicals, and new synthetic drugs and analogs. At a time when as much information as possible is needed about these drugs to find antidotes for their harmful effects, as well as regulatory and other barriers to conducting this research should be addressed.

Flavored THC.—The Committee appreciates the important data collected in the annual NIDA-funded Monitoring the Future [MTF] survey. The Committee recommends the inclusion of questions on consumption of flavored marijuana vapes and marijuana edibles flavored to appeal to adolescents in the annual MTF survey.

Cannabis Research.—The Committee believes that cannabidiol [CBD] and cannabigerol [CBG], compounds found in cannabis, may provide beneficial medicinal effects. However, there is insufficient scientific information about the long-term effects of these compounds. Additional, coordinated research on a national scale could help determine the toxicology and medicinal effects of CBD and CBG. The Committee encourages NIH to consider additional investment in studying the medicinal effects and toxicology of CBD and CBG including clinical trials.

Blocking Washington, D.C. From Legalizing Marijuana Sales

The bill that funds the District of Columbia maintains a current rider banning the city from using its own money to legalize and regulate recreational cannabis sales, whereas the House-passed version of FY2021 legislation proposes repealing the policy.

SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et 4 seq.) or any tetrahydrocannabinols derivative for recreational purposes.

Blocking Legalization Advocacy

One bill includes a 1990s-era provision blocking the use of funds for any activity that “promotes the legalization of any drug” classified in Schedule I of the Controlled Substances Act.

SEC. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

That provision was the target of a floor amendment last year from Rep. Alexandria Ocasio-Cortez (D-NY), which was defeated resoundingly. The congresswoman framed her proposal as a way to remove barriers to research on the potential medical benefits of psychedelics.

Congressional Cannabis Leaders Urge Colleagues To Support House Legalization Vote Next Month

Photo courtesy of Brendan Cleak.

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 Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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USDA Announces Hemp Policy Changes To Improve Insurance Coverage For Producers

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The U.S. Department of Agriculture (USDA) on Thursday announced that it has taken steps to improve insurance policies for hemp businesses, making them more flexible in response to stakeholder feedback.

USDA’s Risk Management Agency (RMA) said it is making it so hemp producers are no longer mandated to deliver their crop “without economic value for insurability.” It further amended policy to clarify how the “amount of insurable acreage is determined if the processor contract specifies both an acreage and a production amount.”

“This change was made in the policy to ensure producers know how their insurable acreage is determined for those contracts,” the agency said in a press release.

RMA Administrator Marcia Bunger said that hemp is “an emerging crop, and we are working with hemp producers to provide insurance options that make sense for producers and for insurance providers.”

“RMA has worked to expand and refine our offerings to be responsive and dynamic,” she said.

The department also said it has added a requirement for producers who grow hemp directly from seeds that are planted in the ground.

“Before insurance attaches, producers must have acreage inspected and must have a minimum of 1,200 live plants per acre,” it explained. “This requirement was added to align direct-seeded hemp with the common farming practice for transplanted Cannabidiol (CBD) of transplanting at least 1,200 live plants per acre.”

The policy changes were outlined in a bulletin that was published on Tuesday. The department also released updated insurance standards and crop loss adjustments handbooks, as well as a detailed summary of the changes.

USDA has taken a number of steps to align hemp insurance policies with those of other lawful crops since the plant was federally legalized under the 2018 Farm Bill, consistently seeking out input from stakeholders as the industry matures.

Last year, for example, the department made it so hemp farmers can qualify for Multi-Peril Crop Insurance, in addition to several other coverage programs for which the crop is now eligible.

As it stands, federal hemp crop insurance programs are available in select counties in 25 states. This year alone, “hemp producers insured 12,189 acres and 59 policies to protect $10.9 million in liabilities,” USDA said.

As part of its overall outreach, the department launched a large-scale survey in August to gain insight into the hemp market that’s emerged.

After requesting permission from the White House earlier this year to conduct the survey of about 20,000 hemp farmers, the agency’s National Agricultural Statistics Service recently said that the forms are being finalized to be filled out via mail or online.

USDA is asking questions about plans for outdoor hemp production, acreage for operations, primary and secondary uses for the crop and what kinds of prices producers are able to bring in. The questionnaire lists preparations such as smokeable hemp, extracts like CBD, grain for human consumption, fiber and seeds as areas the department is interested in learning about.

Last year, USDA announced plans to distribute a separate national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the industry.

That survey is being completed in partnership with National Association of State Departments of Agriculture and the University of Kentucky. The department said it wanted to learn about “current production costs, production practices, and marketing practices” for hemp.

There’s still much to learn about the burgeoning market, even as USDA continues to approve state regulatory plans for the crop. Recently, the agency approved a hemp plan submitted by Colorado, where officials have consistently insisted that the state intends to be a leader in the space.

While USDA’s final rule for hemp took effect on March 22, the agency is evidently still interested in gathering information to further inform its regulatory approach going forward. Industry stakeholders say the release of the final rule is a positive step forward that will provide businesses with needed guidance, but they’ve also pointed to a number of policies that they hope to revise as the market matures such as USDA’s hemp testing requirements.

The federal Small Business Administration’s Office of Advocacy expressed a similar sentiment in a blog post in February, writing that it is “pleased with some of the changes that [USDA] has made to the rule, as they offer more certainty and are less burdensome to small farmers,” but “some concerns remained unaddressed in the final rule.”

USDA announced in April that it is teaming up with a chemical manufacturing company on a two-year project that could significantly expand the hemp-based cosmetics market.

Meanwhile, the U.S. Department of Energy (DOE) announced in August that it is sponsoring a project to develop hemp fiber insulation that’s designed to be better for the environment and public health than conventional preparations are.

DEA Again Boosts 2022 Production Goals For Psychedelics Like Psilocybin, MDMA and DMT

Photo courtesy of Brendan Cleak.

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GOP Congressman And AOC Team Up On Marijuana Bill To Incentivize State-Level Expungements

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As congressional lawmakers work to advance federal marijuana legalization, a bipartisan duo on Thursday filed a bill that would incentivize states and local governments to expunge cannabis records in their jurisdictions.

Reps. Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY) are sponsoring the legislation, titled the Harnessing Opportunities by Pursuing Expungement (HOPE) Act.

It would encourage states to provide relief to people with non-violent marijuana convictions through federal grants—the State Expungement Opportunity Grant Program, run through the Department of Justice—that would help cover the administrative costs of identifying and clearing eligible cases. The bill proposes to appropriate $2 million in funding to support the program for each fiscal year starting in 2023 and ending in 2032.

Specifically, the grants could be used by states to purchase technology used to facilitate expungements at scale, automate the relief process, fund legal clinics to help people get their records cleared and support “innovative partnerships” to provide mass relief.

“Having been both a public defender and a prosecutor, I have seen first-hand how cannabis law violations can foreclose a lifetime of opportunities ranging from employment to education to housing,” Joyce said in a press release. “The collateral damage caused by these missed opportunities is woefully underestimated and has impacted entire families, communities, and regional economies.”

“By helping states establish and improve expungement programs for minor cannabis offenses, the HOPE Act will pave the way for expanded economic opportunities to thrive alongside effective investments to redress the consequences of the War on Drugs,” the congressman said.

Ocasio-Cortez said that “as we continue to advocate for the decriminalization and legalization of marijuana, this bipartisan bill will provide localities the resources they need to expunge drug charges that continue to hold back Americans, disproportionately people of color, from employment, housing and other opportunity.”

 

Under the bill, state governors and local governments “shall submit to the attorney general an application at such time, in such manner, and containing such information as the attorney general may reasonably require” to qualify for the grants.

Further, the legislation would require the attorney general to carry out a study on the impacts of cannabis convictions on individuals, as well as the financial costs for states that incarcerate people over non-violent marijuana offenses.

Officials in jurisdictions that receive the grants would be required to “publish on a publicly accessible website information about the availability and process of expunging convictions for cannabis offenses, including information for individuals living in a different jurisdiction who were convicted of a cannabis offense in that jurisdiction.”

They would also need to “submit to the attorney general a report describing the uses of such funds, and how many convictions for cannabis offenses have been expunged using such funds.”

While the proposal wouldn’t end federal marijuana prohibition, it would help facilitate relief at the state level where most cannabis arrests take place in the U.S.

The bill also holds bipartisan appeal. It’s an important, albeit incremental, move to right the wrongs of the drug war, as progressives have been fighting for; it’s also narrowly tailored, simply giving an incentive to states to enact a reform that has majority support among the public.

“This bipartisan effort represents the growing consensus to reform marijuana policies in a manner that addresses the harms inflicted by prohibition,” NORML Political Director Justin Strekal said. “It provides cash assistance for state and localities that are wisely choosing to remove these stigmatizing records. There is no justification for continuing to prevent tens of millions of Americans from fully participating in their community and workforce simply because they bear the burden of a past marijuana conviction.”

“Ultimately, efforts to provide necessary relief to those who carry the scarlet letter of a marijuana conviction must be carried out primarily by state and local officials,” he said. “Having this federal incentive available will go a long way toward empowering local leaders and citizens to take these steps to address the past injustices brought about by the failed policy of marijuana prohibition, and will also move us closer toward embracing more reasonable cannabis policies.”

What’s more, while there’s been an open question about what President Joe Biden would do with a broad marijuana reform bill if it arrived on his desk given his ongoing opposition to adult-use legalization, he’s repeatedly said that nobody should be incarcerated over cannabis and that records should be expunged, so this proposal could potentially garner his favor.

There’s a similar provision to incentivize state-level expungements included in the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that cleared the House Judiciary Committee in September. But that legislation is far more wide-ranging in that it would federally deschedule cannabis.

Meanwhile, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are finalizing their own bill to federally legalize marijuana.

More recently, GOP lawmakers filed a legalization bill that is being framed as a compromise between progressive proposals and more scaled-back legislation that Republican legislators have introduced in recent sessions. It also contains expungements provisions.

Read the full text of the new marijuana expungements bill below:

Click to access hope-act-mm-copy.pdf

Top Federal Drug Official Personally Hesitates To Study Marijuana Because Of Schedule I Research Barriers

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DEA Again Boosts 2022 Production Goals For Psychedelics Like Psilocybin, MDMA and DMT

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The Drug Enforcement Administration (DEA) has yet again increased its quota for the legal production of illegal controlled substances like psilocybin, MDMA and DMT for research purposes in 2022.

In a notice published in the Federal Register on Thursday, the agency made another quota adjustment for certain psychedelics. This has become something of a theme both for 2021 and 2022 production goals, with DEA raising the amounts in response to increased interest and demand within the scientific community.

Take psilocybin, for example. When DEA first released its 2021 quota for the psychedelic compound, it said it wanted just 30 grams for the year. Now that number has been boosted to 8,000 grams for 2022—a 26,567 percent increase.

“The [aggregate production quotas] established today reflect DEA’s estimates of the medical, scientific, research, and industrial needs of the United States for 2022, as well as lawful export requirements and establishment and maintenance of reserve stocks,” the agency said. “DEA can adjust the established APQs if these needs change.”

“For instance, if DEA receives additional research protocols from DEA-registered researchers, or additional quota applications from DEA-registered manufacturers, DEA will consider revising the APQ,” it explained. “DEA did receive additional quota applications from DEA-registered manufacturers for 5-MEO-DMT, psilocybin, and MDMA.”

DEA’s quota for MDMA more than doubled since it first proposed its 2022 target number, increasing from 3,200 grams to 8,200 grams. Going back to the agency’s initial 2021 quotas, it originally wanted just 50 grams of MDMA.

DMT is another apparent drug of interest within the research and medical communities, with DEA adjusting its 2022 quota from 250 grams to 3,000 grams. In further contrast, the agency’s first 2021 APQ called for only 50 grams of DMT.

When it comes to 5-MeO-DMT, DEA initially wanted just 35 grams for 2021, but that has now been ramped up significantly to 2,550 grams for 2022.

In the new notice, DEA also said that it received feedback from indigenous communities regarding the production of certain substances that are used ceremonially. For example, the Native American Church of North America submitted a comment concerning mescaline.

“They commented that their peyote ceremonies are contingent on the continued availability of peyote in the wild for sacramental use, and that the non-Native use of mescaline in research and clinical studies will have a direct impact upon the church’s ability to use, purchase, transport, and possess peyote pursuant to the American Indian Religious Freedom Act (AIRFA), as it will lead to commercialization and exploitation of peyote across its natural range and potential reclassification of its scheduling status,” DEA said.

The agency explained in its response that it is not proposing the manufacturing of peyote-derived mescaline, however, and instead will be relying on synthetic forms of the substance. “Thus, the 2022 APQ for mescaline does not have any material effect on the use of peyote by members of the Native American Church,” it said.

All told, the final quotas represent welcome news for researchers and advocates. It shows a willingness from the leading federal drug enforcement agency to recognize an emerging scientific field and promote studies into the substances regardless of their Schedule I status.

See the full list of DEA production quotas for certain drugs for 2021 and 2022 as proposed and revised below:

Substance 2021 initial 2021 revised 2021 final 2022 initial 2022 final
Psilocybin 30 1,500 6,000 3,000 8,000
Psilocyn 50 1,000 3,500 2,000 4,000
MDMA 50 50 3,200 3,200 8,200
DMT 50 50 3,200 250 3,000
LSD 40 40 40 500 500
Mescaline 25 25 25 100 100
5-MeO-DMT 35 35 35 550 2,550
MDA 55 55 55 200 200
Marijuana 1,500,000 2,000,000 2,000,000 3,200,000 3,200,000
Marijuana extract 200,000 500,000 500,000 1,000,000 1,000,000
All other tetrahydrocannabinol 1,000 1,000 1,000 2,000 2,000

And meeting the 3.2 million gram production goal for marijuana for 2022 in particular could be simplified now that DEA has decided to end the current monopoly on federally authorized cannabis manufacturing that the University of Mississippi has had for half a century by approving additional growers for research.

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.

But while the production developments are promising, advocates are still frustrated that these plants and fungi remain in the strictest drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court recently 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.

Meanwhile, DEA has given hemp businesses that sell delta-8 THC products a boost, with representatives making comments recently signaling that, at the federal level at least, it’s not a controlled substance at this time.

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.

Top Federal Drug Official Personally Hesitates To Study Marijuana Because Of Schedule I Research Barriers

Photo courtesy of Wikimedia/Mushroom Observer.

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