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Senators Want Feds To Make Sure Dispensary Marijuana Is Safe

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Committee Also Slams Schedule I And Suggests Cannabis Can Reduce Opioid Addiction.

A powerful Senate panel is urging federal agencies to make a number of surprising marijuana moves, including launching an effort to test products sold at dispensaries in states where cannabis has been legalized.

Concerned about a lack of data on the potency and purity of cannabis available to consumers, the U.S. Senate Appropriations Committee is directing federal agencies to formulate a “National Testing Program for Schedule I Marijuana-Derived Products.”

The senators, in a¬†report¬†issued on Thursday, are instructing scientists at the National Institute on Drug Abuse (NIDA) to work with the Drug Enforcement Administration (DEA) to study marijuana samples in an effort to “provide robust reliable data that can inform policy.”

Until 2014, NIDA funded a program for testing samples of illicit marijuana seized by law enforcement, but has never before officially analyzed cannabis products that are legally available to consumers under a growing number of state laws.

“The Committee believes¬†that such research [on law-enforcement-seized cannabis], along with analysis of marijuana and marijuana-derived products sold commercially in dispensaries or online, is essential for informing substance abuse prevention efforts, public health policy, and law enforcement tactics across the Federal Government.”

It is unknown how such a program would be carried out, for example whether it would involve sending teams of NIDA researchers to dispensaries to purchase marijuana for research, or if it would instead or in addition rely on DEA enforcement actions against the facilities and subsequent testing of seized products.

Separately in the report attached to legislation funding federal health programs, the Appropriations Committee also expressed alarm about “barriers to research” that are created by cannabis’s current status under federal law, and is directing NIDA to compile a report about the matter.

“The Committee is concerned that restrictions associated with Schedule 1 of the Controlled Substance Act 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,” the report says. “At a time when we need as much information as possible about these drugs, we need to review lowering regulatory and other barriers to conducting this research. The Committee directs NIDA to provide an update…on the barriers to research that result from the classification of drugs and compounds as Schedule 1 substances.”

Schedule I — the most restrictive category — is supposed to be reserved for drugs with no medical value and a high potential for abuse. Researchers have long complained that the classification creates additional hurdles that don’t exist for studies on other substances.

The Senate request is very similar to language that the House Appropriations Committee included in its report on federal health and research spending legislation in July.

In a third marijuana-related move, the senators cited the growing body of research suggesting that cannabis could be a partial solution to opioid overdose and addiction problems.

“Over the past two decades, the dramatic increase in abuse of prescription opioids, non-synthetic opioids, and illicit synthetic opioids has grown to epidemic proportions,” the committee report says. “Scientific rationale and laboratory studies suggest a decrease in addictive potential when botanical derivatives,¬†including cannabidiol extracts, are used with an opioid in treating patients. The Committee supports study of this integrative approach to treatment and urges [federal agencies] to support and facilitate trials aimed at reducing addiction under appropriate [Investigational New Drug] applications.” [Bolded emphasis added.]

The acknowledgment of cannabis components’ potential to reduce opioid problems comes as a Trump administration commission on the issue is¬†completely ignoring¬†thousands of submitted public comments about¬†research indicating that legal marijuana access is associated with lowered addiction and overdose rates.

In addition to including the three notable marijuana mentions in its new report, the Senate Appropriations Committee has recently adopted a number of cannabis-related amendments on bipartisan votes.

In July, the panel approved measures to¬†protect state medical marijuana laws¬†from federal interference, allow¬†military veterans¬†to receive medical cannabis recommendations from the U.S. Department of Veterans Affairs, remove uncertainty about¬†industrial hemp¬†and protect cannabis growers’¬†water rights.

A NIDA spokeswoman was unable to immediately confirm¬†when the agency¬†plans to submit the requested report on Schedule I’s research roadblocks.


ACTION OPPORTUNITY:¬†It takes just a minute to urge the Trump administration opioid commission to consider marijuana’s role in addressing and preventing addiction and overdose.


This story was originally published at Forbes.

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.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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California Governor Signs Marijuana Tax Fairness Bill But Vetoes Cannabis In Hospitals

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California Gov. Gavin Newsom (D) announced on Saturday that he signed several marijuana-related bills into law‚ÄĒincluding one that will let legal businesses take advantage of more tax deductions‚ÄĒbut also vetoed another measure that would have allowed some patients to use medical cannabis in health care facilities.

Under a section of current federal law known as 280E, marijuana growers, processors and sellers are unable to deduct expenses from their taxes that businesses in any other sector would be able to write off. Until now, California policy simply mirrored the federal approach.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Carlos Gracia.

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Former FDA Head Floats Federal Marijuana Regulation ‘Compromise’ To Address Vaping Issue

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Former Food and Drug Administration (FDA) Commissioner Scott Gottlieb seems to propose changing the scheduling status of marijuana under federal law as a “compromise” to provide limited regulations and promote research.

In an op-ed published in The Wall Street Journal on Friday, Gottlieb said the recent spike in vaping-related lung injuries involving contaminated THC cartridges demonstrates the need for federal regulations.

While he expressed frustration over the “federal government‚Äôs decade-long refusal to challenge state laws legalizing pot,” he also recognized that enforcing prohibition in legal states isn’t politically practical and floated a “feasible compromise” that would “require Congress to take marijuana out of the existing paradigm for drug scheduling, especially if Congress wants to allow carefully regulated access for uses that fall outside FDA-approved drug indications.”

That language leaves room for interpretation, but he goes on to say that the “ship has probably sailed on legalization for recreational use” and that “regulation of the potency of THC compounds, the forms they take, how they‚Äôre manufactured, and who can make purchases ought to be possible.”

Gottlieb stopped short of explicitly backing descheduling, which would represent a formal end to federal prohibition. Still, his recommendation that the government control aspects of legal marijuana markets like THC potency is a more concrete position than he’s taken in recent weeks, where he’s repeatedly bemoaned the lack of regulations and the gap between state and federal cannabis laws as contributing to vaping issues without endorsing a specific policy to correct it.

It’s clear in the editorial that the former commissioner feels Congress has missed its opportunity to prevent the proliferation of state-legal cannabis programs. And he criticized the Obama administration for issuing guidance that offered states some assurances that the Justice Department wouldn’t interfere in their markets, as well as congressional riders barring the department from using its funds to enforce prohibition against medical cannabis patients and providers following state laws.

“The result is an impasse,” he wrote. “Federal agencies exert little oversight, and regulation is left to a patchwork of inadequate state agencies. The weak state bodies sanction the adoption of unsafe practices such as vaping concentrates, while allowing an illegal market in cannabis to flourish.”

One area where FDA might be able to exercise its regulatory authority in this grey space would involve oversight of vaping hardware. Because the agency is able to regulate the “components and parts” of vapes for tobacco use‚ÄĒand because companies generally market those products as being intended for the use of vaporizing herbs and concentrates generally‚ÄĒit could be argued that FDA has jurisdiction over regulating the devices. However, that would still prove challenging “without clear laws and firm political support,” Gottlieb said.

“THC is currently illegal under federal law,” he said. “Right now there‚Äôs no middle ground allowing federal agencies to scrutinize these compounds for their manufacturing, marketing and safety.”

Again, it’s not exactly clear what kind of federal regulation Gottlieb is proposing to Congress. He spends part of his op-ed noting the difficulties scientists face in obtaining high quality cannabis for research purposes‚ÄĒan issue that policymakers have indicated rescheduling could resolve‚ÄĒbut he also said the government should ensure that any reform move is “backed up with oversight and vigorous enforcement to keep a black market from continuing to flourish and causing these lung injuries.”

That’s led some to assume he’s talking about descheduling and providing for broad regulations, as regulating the market is largely viewed as a primary means of disrupting the illicit market and enforcing safety standards for marijuana products. But the continued ambiguity of his position raises questions about whether he’s actually proposing Congress should go that far.

“The protracted hand-wringing over federal cannabis policy must stop,” he said. “The tragic spate of fatalities related to vaping of pot concentrates means the time has come for Congress and the White House to stop blowing smoke and clear the air.”

Leading Civil Rights Group Calls On Lawmakers To Support Comprehensive Marijuana Legalization Bill

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Mexican Senate Committees Will Introduce Marijuana Legalization Bill Next Week

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Mexican Senate committees will introduce an updated proposal to legalize marijuana for adult use within days.

During a meeting on Thursday, members of the Health, Justice, Public Security and Legislative Studies Committees announced that they would remain in permanent session as they go through various legalization bills that lawmakers have already filed and present a comprehensive new piece of legislation on Thursday.

Sen. Miguel √Āngel Navarro Quintero of the ruling MORENA party, who is a cosponsor of one existing reform bill, said the development “is a positive step to regulate‚ÄĒit is definitely a positive step,” according to TV Aztecha.

The primary focus of the committees will be on legislation introduced by Interior Secretary Olga S√°nchez Cordero last year, senators said. However, there are about a dozen other legalization bills on the table, including one to have the federal government control the marijuana market, and they said provisions of each proposal would be taken into consideration.

The panels will also look at public input and expert testimony‚ÄĒincluding a panel led by a former White House drug czar‚ÄĒthat were gathered as part of a weeks-long series of cannabis events that the Senate organized.

“It is a backbone that we are taking into account,” Sen. Julio Menchaca of the MORENA party said of S√°nchez Cordero’s bill, which the cabinet member filed while previously serving as a senator, adding that “each of the initiatives that different senators have presented are also very important.”

Quintero said “if we are committing an open parliament, all opinions must be taken into account, because if not, we would be simulating a process.”

If the committees are successful in advancing the legislation, that would put the chamber one key step closer to meeting a deadline imposed by the Supreme Court last year. After ruling that the country’s ban on possession and cultivation of cannabis by adults is unconstitutional, it gave lawmakers until the end of October to change federal drug policy.

The leader of the MORENA party in the Senate, Sen. Ricardo Monreal, said earlier this month that the chamber was on track to vote on a legalization bill ahead of that deadline.

Separately, the chairman of the Senate’s Agriculture Committee, Sen. Jos√© Narro C√©spedes, said on Thursday that legalization will be an economic boon for farmers and must be implemented in a way that disrupts the illicit market.

Mexican Cabinet Member Accepts Lawmaker’s Marijuana Gift During Legislative Meeting

Photo courtesy of Mike Latimer.

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.
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