The U.S. Surgeon General issued an advisory on Thursday that warns about the risks of using marijuana, particularly for pregnant women and adolescents. But it also contains misleading statements about the cannabis legalization movement.
The advisory, the publication of which will be partially funded by a $100,000 donation out of President Donald Trump’s salary, states that no amount of cannabis is safe and emphasizes that THC potency of marijuana products has increased, which Surgeon General Jerome Adams claimed puts consumers at risk of “physical dependence, addiction, and other negative consequences.”
— HHS.gov (@HHSGov) August 29, 2019
“There is a false perception that marijuana is not as harmful as other drugs,” Adams said in a press release. “I want to be very clear—no amount of marijuana use during pregnancy or adolescence is known to be safe.”
“I, Surgeon General VADM Jerome Adams, am emphasizing the importance of protecting our Nation from the health risks of marijuana use in adolescence and during pregnancy. Recent increases in access to marijuana and in its potency, along with misperceptions of safety of marijuana endanger our most precious resource, our nation’s youth.”
— U.S. Surgeon General (@Surgeon_General) August 29, 2019
While the notice doesn’t explicitly say that states should not legalize marijuana, it contends that the movement to end prohibition and the “normalization of its use” has caused youth to perceive the drug as less harmful.
“In addition, high school students’ perception of the harm from regular marijuana use has been steadily declining over the last decade,” it states. “During this same period, a number of states have legalized adult use of marijuana for medicinal or recreational purposes, while it remains legal under federal law. The legalization movement may be impacting youth perception of harm from marijuana.”
Missing from the report, however, is an acknowledgment that the federal government’s own data shows that despite shifting attitudes about cannabis, adolescent marijuana consumption has actually declined in the years since states began legalizing for recreational use.
“Marijuana’s increasingly widespread availability in multiple and highly potent forms, coupled with a false and dangerous perception of safety among youth, merits a nationwide call to action,” the advisory states.
“Today’s advisory serves as an important reminder of the health risks marijuana use poses, especially when it comes to young people and pregnant women,” White House Office of National Drug Control Policy Director Jim Carroll said. “While laws in some states have changed, the scientific evidence increasingly shows the harmful effects of marijuana use.”
“We are focused on making sure all Americans are aware of the dangers of marijuana use and the impact it has on developing minds,” he said. “The White House continues to make record investments to support community coalitions across the country that are dedicated to preventing youth substance use before it begins.”
U.S. Department of Health and Human Services (HHS) Secretary Alex Azar said cannabis is “a dangerous drug, especially for young people and pregnant women.”
— ADM Brett P. Giroir (@HHS_ASH) August 29, 2019
“This historic Surgeon General’s advisory is focused on the risks marijuana poses for these populations, which have been well-established by scientific evidence,” he said. “As indicated by President Trump’s generous donation of his salary to support this advisory, the Trump Administration is committed to fighting substance abuse of all kinds, and that means continuing research, education, and prevention efforts around the risks of marijuana use.”
Today's @Surgeon_General Advisory has a clear message: No amount of #marijuana use during pregnancy or adolescence is known to be safe. @POTUS’s salary donation will fund a campaign to educate the public about marijuana's dangers for the developing brain: https://t.co/xSmQo9jcgr pic.twitter.com/c8kphrtp9k
— Secretary Alex Azar (@SecAzar) August 29, 2019
Adams and Azar discussed the advisory during a press conference on Thursday, where the HHS head also said marijuana is “linked to risk for and early onset of psychotic disorders, such as schizophrenia.”
Thank you @SecAzar, I am proud to stand with you to sound a national alarm about the harmful effects of #marijuana use on the developing brain with my new Surgeon General’s Advisory. #MJBrainEffects pic.twitter.com/x2G36sAMoX
— U.S. Surgeon General (@Surgeon_General) August 29, 2019
Even while expressing concern about the potential harms of marijuana, Azar emphasized that the administration supports expanding research into the plant’s effects—something that the Justice Department is also encouraging by announcing this week that it is taking steps to approve additional cannabis manufacturers for research purposes.
“We want to make sure that research can be conducted effectively, and we know there are significant barriers to the conduct of research,” Azar said. “We want to open that up for much more research, and that is a priority of this administration.”
To be sure, many reform advocates share concerns about potential risks associated with marijuana use by young people and vulnerable populations. That’s why states that have adopted legalization models expressly prohibiting people under 21 from purchasing cannabis and certain legal states like California require labels to warn adults about consuming while pregnant or breastfeeding.
Legalization supporters point out that if marijuana weren’t prohibited at the federal level, the Surgeon General could hypothetically mandate that cannabis product packaging contain warnings similar to those required for tobacco products.
“Almost no activity is entirely without risk, which is exactly why marijuana should be legalized and regulated for adult use,” Erik Altieri, executive director of NORML, told Marijuana Moment. “While marijuana still remains objectively less harmful to the consumer than currently legal alcohol, tobacco and many pharmaceuticals, it should still be consumed responsibly.”
“Our current model of prohibition represents the utter lack of control over any aspect of marijuana or the marijuana market,” he said. “If he truly has concerns, the surgeon general’s time would be better spent advocating for a structure for regulation under which we can educate Americans about the actual harms and benefits of cannabis through public education campaigns and product labelling, instead of his current fear-mongering.”
David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation (DFCR), told Marijuana Moment that “DFCR physicians share Dr. Adams’ concern about the potential risks of cannabis use by adolescents and pregnant women” but that the group wishes he “shared our concern for the poverty that results from the economic impact of 600,000 cannabis possession arrests every year, as poverty is by far the greatest obstacle to health care access in the United States.”
“Cannabis is less harmful than many legal drugs and is non-lethal in overdose, yet millions of lives have been destroyed by its prohibition, especially in communities of color,” Nathan said. “The vilification of cannabis by the US government isn’t based in science. It is rooted in a misguided morality around adults who choose to use the drug.”
“To prevent access by minors, and to ensure proper labeling about the lack of data around use in pregnancy, the cannabis industry should be regulated rather than prohibited. We must stop using a sledgehammer to kill a weed and enact policies that optimize public health and social justice.”
Former Surgeon General Joycelyn Elders, who sits on DFCR’s honorary board, shares that perspective. Elders supports legalization and said in 2017 that the “unjust prohibition of marijuana has done more damage to public health than has marijuana itself.”
The advisory calls for “[s]cience-based messaging campaigns and targeted prevention programming” in order to “ensure that risks are clearly communicated and amplified by local, state, and national organizations.”
“Further research is needed to understand all the impacts of THC on the developing brain, but we know enough now to warrant concern and action,” the notice states, again without acknowledging the role federal prohibition has played in inhibiting such research. “Everyone has a role in protecting our young people from the risks of marijuana.”
Prohibitionist group Smart Approaches to Marijuana, whose president teased the surgeon general’s announcement in a tweet earlier this week, said in a press release that they “look forward to working with HHS and other federal government officials to help raise awareness to the harmful health impacts of marijuana commercialization and use.”
This story has been updated to include comments from Doctors for Cannabis Regulation.
Photo courtesy of Twitter/Surgeon General.
Marijuana Industry Groups Ask States For Coronavirus Relief Loans That Feds Won’t Provide
A coalition of marijuana industry associations sent a letter to governors and state treasurers on Wednesday, asking them to help secure financial relief that cannabis businesses are being denied by the federal government amid the coronavirus outbreak.
The letter emphasizes that marijuana companies are providing jobs and essential services during the pandemic, and some are producing needed medical supplies like hand sanitizer. Despite this, the cannabis industry is specifically ineligible for federal disaster loans and other relief programs due to their product’s ongoing status as an illegal controlled substance. The groups said the treasurers could provide assistance to that end.
“Like all essential businesses, cannabis businesses are facing significant uncertainty and costs to provide for our employees and to maintain the medical supply chain during this pandemic,” the groups said. “Yet, unlike every other essential business, there is an underlying federal-state tension which puts our businesses in a uniquely vulnerable and dire operational and financial position. This is particularly true of our small and minority-owned businesses.”
They made two requests to the state officials: 1) encourage congressional delegations to insert language into future COVID-19 legislation that would enable marijuana companies to access federal Small Business Administration (SBA) relief loans and disaster assistance, and 2) consider creating state-level lending programs for the industry to help fill the gap in the meantime.
“Although cannabis businesses operate in strict compliance with state law and comply with a broad range of federal mandates, including paying federal corporate taxes at a much higher effective rate than other businesses due to a quirk in the tax code, their activity is still considered illegal under federal law,” the letter states. “This creates all kinds of hardship, including this current prohibition on SBA assistance.”
“While the underlying federal issues with banking, taxes, and capital access remain, our businesses need access to some additional liquidity to ensure reliability in the medical supply chain for patient access and employee retention in these uncertain times,” they said.
The National Cannabis Industry Association (NCIA), Marijuana Policy Project, Minority Cannabis Industry Association, Cannabis Trade Federation, National Cannabis Roundtable and Global Alliance for Cannabis Commerce each signed the letter.
“The cannabis industry is under the same strains as many other industries in these difficult times, in addition to existing unduly burdensome regulatory and financial requirements,” Morgan Fox, NCIA media relations director, said on behalf of the groups in a statement to Marijuana Moment. “Given the increasing recognition of cannabis businesses as necessary components of healthcare and economic stability, it is absolutely vital that they can access relief loans to continue to provide services effectively.”
SBA has made clear that its services are not available to marijuana businesses, or even those that indirectly work with the industry. While eleven senators recently requested that a key committee approve spending bill language allowing SBA program access to cannabis companies, the request was targeted at future spending legislation in the works, rather than bills concerning the coronavirus outbreak that will likely be enacted in short order.
In a separate letter to governors and regulators in states with medical cannabis programs, another set of industry and advocacy organizations stressed the need to maintain access to medical cannabis for patients. They thanked the states for deeming dispensaries to be essential services and said, additionally, they should allow home deliveries, curbside pickup, recommendations via telemedicine and remove or reduce caregiver application fees, among other steps.
“On behalf of medical cannabis businesses, patients, and our communities, we again express our gratitude for your leadership and work to ensure continued access to safe and effective medicine,” the groups, which includes all of those in the aforementioned letter as well as Americans for Safe Access and NORML. “We welcome the opportunity to help identify and implement safe means to ensure continued access to medicine.”
Read the letter concerning financial relief below:
Read the letter concerning medical cannabis access below:
Lawmakers Mourn Loss Of Charlotte Figi, Whose Story Inspired National CBD Movement And Helped Change Policies
Advocates and lawmakers are mourning the loss of a young icon in the medical marijuana reform movement. Charlotte Figi, who showed the world how CBD can treat severe epilepsy, passed away on Tuesday at the age of 13 due to complications from a likely coronavirus infection.
Across social media, people are sending their support to the Figi family and sharing anecdotes about how Charlotte’s battle against Dravet syndrome—and the success she demonstrated in treating it with the cannabis compound—changed hearts and minds. Her impact has been felt across state legislatures and in Congress, where her story was often told as a clear example of why laws prohibiting access to cannabidiol needed to change.
The domino effect Charlotte’s story helped set off—with states, particularly conservative ones, passing modest reform bills for CBD access—paved the path for a successful congressional rider that ended up protecting more far-reaching medical cannabis programs across the U.S., advocates say.
Rep. Matt Gaetz (R-FL), who has become one of the leading GOP champions for broad marijuana reform on Capitol Hill, said he was personally influenced by Charlotte and, as a state lawmaker in 2014, her story motivated him to support legislation to reform Florida’s medical cannabis policies.
Charlotte lived a life of tremendous significance. Her story inspired me to completely change my views on medical cannabis and successfully pass legislation so that patients could get help in Florida.
I’m so sad she is gone, but the movement she has ignited will live forever. https://t.co/e0IO0BM6Bg
— Matt Gaetz (@mattgaetz) April 8, 2020
“Charlotte lived a life of tremendous significance. Her story inspired me to completely change my views on medical cannabis and successfully pass legislation so that patients could get help in Florida,” the congressman said. “I’m so sad she is gone, but the movement she has ignited will live forever.”
Sen. Cory Gardner (R-CO), another top marijuana reform advocate who has raised the issue directly with President Trump on several occasions, wrote that Charlotte “made a positive and everlasting change in the world by the age of 13, and her inspirational courage will always be remembered.”
Charlotte changed the way the nation thinks about #CBD through her grace and advocacy. We should honor her by fixing our federal cannabis laws as soon as possible.
Rest in Peace, Charlotte.
— Cory Gardner (@SenCoryGardner) April 8, 2020
“Charlotte changed the way the nation thinks about CBD through her grace and advocacy,” he said. “We should honor her by fixing our federal cannabis laws as soon as possible.”
Florida state Rep. Rob Bradley (R) agreed with the sentiment, writing that “Charlotte Figi was a bright, beautiful light that changed how our state and country views cannabis. I am saddened to hear that this sweet soul has left us.”
Charlotte Figi was a bright, beautiful light that changed how our state and country views cannabis. I am saddened to hear that this sweet soul has left us. https://t.co/lg4tj2bcHn
— Rob Bradley (@Rob_Bradley) April 8, 2020
In Illinois, state Rep. Bob Morgan (D) said Charlotte, who is the namesake of one of the most well-known CBD brands, Charlotte’s Web, “singlehandedly transformed how the world viewed medical cannabis and children with epilepsy.”
Charlotte Figi singlehandedly transformed how the world viewed medical cannabis and children with epilepsy.
She suffered so much so that others would not have to. May her memory be a blessing. https://t.co/r4d0nHeR5C
— Bob Morgan (@RepBobMorgan) April 8, 2020
“She suffered so much so that others would not have to,” he said. “May her memory be a blessing.”
Pennsylvania state Sen. Daylin Leach (D) also said Charlotte “inspired me to get involved in the cannabis movement” and “showed the world that Cannabis is medicine and the trail she blazed has helped millions.”
This is incredibly sad. #CharlotteFigi journey inspired me to get involved in the #cannabis movement. She showed the world that Cannabis is medicine and the trail she blazed has helped millions. The world will miss you Charlotte. https://t.co/8uQ3Wehfjx
— Daylin Leach (@daylinleach) April 8, 2020
“The world lost a fighter,” Missouri Attorney General Eric Schmitt, who previously advocated for CBD reform as a state senator, said. “Charlotte Figi-who helped inspire passage of CBD Oil legislation for epilepsy treatment nationwide-passed away. I worked w/her mom/others in 14 in MO. My speech in the Senate was a tribute to her, June Jesse, my son & many others.”
The world lost a fighter. Charlotte Figi-who helped inspire passage of CBD Oil legislation for epilepsy treatment nationwide-passed away. I worked w/her mom/others in 14 in MO. My speech in the Senate was a tribute to her, June Jesse, my son & many others.https://t.co/LlMi8bOq0u
— Eric Schmitt (@Eric_Schmitt) April 8, 2020
Beyond championing a successful CBD bill in Florida, Charlotte’s family also captivated national audiences and became a household name in the reform movement. Her story was featured on a popular CNN documentary, “Weed,” hosted by Sanjay Gupta, that introduced people from diverging political ideologies to an issue that’s since become a focus of legislation across the country.
A bipartisan congressional bill named after her—the Charlotte’s Web Medical Access Act—was first introduced in 2015.
But while that standalone legislation didn’t advance, the growing number of state-level policy changes that were inspired by Charlotte and other young patients could help to explain why Congress, including members who oppose legalization, has consistently supported a budget rider that prohibits the Justice Department from interfering in state-legal medical cannabis programs. It was first approved in 2014—after repeatedly failing on the House floor—and has been renewed each year since.
With CBD-only states included on an enumerated list of those that would be protected from legal action, it became increasingly difficult for lawmakers to defend voting against a measure to prevent federal harassment of their own constituents. Support from more conservative-minded Democrats and a handful of Republicans, including those from states that had recently enacted or were debating their own CBD laws, allowed the amendment to narrowly advance for the first time when it had been handily defeated two years earlier.
Alabama, Florida, Iowa, Kentucky and South Carolina stand out as examples of states where cannabis reform came online between those votes and where support for the measure also increased among their congressional delegations.
The measure as approved by Congress and first signed into law law President Obama, has given explicit protection from federal prosecution not just to people complying with limited CBD-focused state laws but also medical cannabis growers, processors and retailers in states with more robust policies such as California and Colorado (though it does not protect recreational marijuana businesses or consumers).
“Charlotte Figi personalized this issue in a way that few others have, and her story humanized the medical cannabis fight to such a degree that many politicians could no longer ignore it,” Paul Armentano, deputy director of NORML, told Marijuana Moment. “There is little doubt that Charlotte’s story, arguably more than any other, paved the way for politicians in several southern and midwestern states to finally move forward to recognize the need for CBD, and in some cases, whole-plant cannabis access.”
Don Murphy, director of federal policies for the Marijuana Policy Project, said even opponents of cannabis legalization “can’t say ‘no’ to young mothers pushing sick kids in strollers,” referencing the many other patient advocates who helped usher the reform to victory.
“There’s no doubt it helped move the debate in our direction,” he said. “Truth is, I was once told that CBD hurt our effort [for broader reform]. I don’t think so.”
A person writing on behalf of the family on Tuesday said that “Charlotte is no longer suffering” and will be forever seizure-free.
Image element courtesy of Paige Figi.
FBI Policy On CBD Use By Agents Is ‘Under Review’
The Federal Bureau of Investigation (FBI) is apparently looking into changing internal policy when it comes to the use of CBD products by its agents and other employees, the agency said on Tuesday.
While workers are prohibited from using marijuana—and applicants can be disqualified for consuming cannabis within the past three years—it seems FBI is open to loosening rules for the non-intoxicating cannabis compound, which has become more widely available since hemp was federally legalized under the 2018 Farm Bill, creating a massive market for its derivatives.
During a Q&A on Twitter, FBI’s Newark office was asked two marijuana-related questions. One person wanted to know why the agency says “you cannot use marijuana within 3 years of applying, even with a medical card/prescription.”
“The policy regarding CBD oil is currently under review,” FBI replied. “Check the other eligibility requirements.”
Q8: Why does the FBI state you cannot use marijuana within 3 years of applying, even with a medical card/prescription?
A8: The policy regarding CBD oil is currently under review. Check the other eligibility requirements.
— FBI Newark (@FBINewark) April 7, 2020
The overall thread was about questions people had about the process of becoming a special agent, so it’s not clear if the CBD policy is being reevaluated for applicants only regarding past use, or if any change would cover active agents as well. Marijuana Moment reached out to FBI and its Newark division for clarification, but representatives did not respond by the time of publication.
Another person asked whether the three-year cannabis abstinence requirement applies to positions other than special agents and FBI said: “Yes, that policy applies to all positions within the FBI.”
Q24: Is it 3 years of no marijuana use for other positions other than Special Agents too?
A24: Yes, that policy applies to all positions within the FBI.
— FBI Newark (@FBINewark) April 7, 2020
The simple fact that FBI fielded multiple marijuana questions while promoting recruitment seems to speak to a point that the agency’s former director, James Comey, made in 2014. He suggested that he wanted to loosen the agency’s employment policies as it concerns marijuana, as potential skilled workers were being passed over due to the requirement.
“I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” he said at the time.
Last year, FBI said it wanted the public to send tips on illicit activity in state-legal marijuana markets, stating that restrictive licensing policies could open the door to corruption.
While FBI’s CBD policy is in review, other federal agencies—particularly for within the military—have strongly discouraged or outright banned its use.
The Department of Defense made clear that CBD is off limits for service members.
The Navy told its ranks that they’re barred from using CBD regardless of its legal status.
And the Coast Guard said last year that sailors can’t use marijuana or visit state-legal dispensaries.
Meanwhile, NASA said that CBD products could contain unauthorized THC concentrations that could jeopardize jobs if employees fail a drug test.
The Substance Abuse and Mental Health Services Administration issued guidance to federal agency drug program coordinators last year, expressing concern about excess THC in CBD products, which seems to have prompted the various departments to clarify their rules.
The Department of Transportation took a different approach in February, stating in a notice that it would not be testing drivers for CBD.
While much of the CBD found in markets across the U.S. is largely unregulated, as the Food and Drug Administration is in the process of developing rules for the compound, a CBD-based prescription medication for epilepsy was entirely removed from the Controlled Substances Act this week, which should lead to easier access for patients.
Photo by Kimzy Nanney.