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The Feds Are Worried International Marijuana Rescheduling Could Boost Legalization Efforts

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The federal government is apparently nervous that an upcoming vote to potentially loosen international restrictions on marijuana could bolster efforts to legalize the plant.

In what appears to be a government document that was obtained by Marijuana Moment, the U.S. discusses a series of cannabis policy recommendations that the United Nations’s (UN) World Health Organization (WHO) released last year. Those proposals include removing marijuana from a list of controlled substances under an international treaty and rescheduling various cannabinoids.

A vote on WHO’s reclassification recommendations was initially expected to be taken up last year by the UN’s Commission on Narcotic Drugs, where the body’s 53 member nations would decide whether to move forward with them. It was delayed to give members more time to consider the proposals, however, and the vote may now occur as early as next month.

While the document acknowledges that deleting cannabis from the Schedule IV of the 1961 Convention could be a “benefit to the advancement of collective knowledge of both the therapeutic utility as well as any associated harms” by promoting research, it expresses concern about unintended consequences such as giving people the impression that legalization will follow.

“It is possible that civil society, the media, and the general public will view deleting cannabis from Schedule IV as a first step toward widespread legalization of marijuana use, especially without proper messaging,” the document states.

(Schedule IV under the 1961 international treaty is the most strictly controlled category, whereas under U.S. federal law, cannabis falls under Schedule I, the country’s most restrictive category.)

The document goes on to say that the WHO’s proposed scheduling change might give people the impression that the Schedule IV classification poses “inherent barriers to research” and that the international framework is “incompatible with such scientific research.”

In other words, despite recognizing the potential benefits that WHO laid out in its rescheduling recommendation, the U.S. seems to remain concerned about the optics.

Michael Krawitz, a U.S. Air Force veteran and legalization advocate who has spent years working to reform international drug treaties, told Marijuana Moment that the government’s argument about risks to public perception is frustrating given that nothing that WHO is recommending would allow member nations to legalize cannabis.

“These recommendations—even if we passed them all as they’re presented—would not take us any step closer to legalization. It is not a step toward legalization, it’s a step toward rectifying an issue in the treaty,” he said. “This is all about correcting the record, removing some of the misinformation that was in the record on cannabis.”

“From my perspective, working on the inside of this, what it would really do is just help patients and it would ease government workload,” he said. “Governments are going to have less documentation to fill out, less of a bureaucratic burden to deal with dealing with cannabis. It should allow for more research and it should allow for insurance coverage of medical cannabis products.”

Marijuana Moment wasn’t able to independently verify the authenticity of the document, which did not come directly from a government source, and it is unclear exactly when it was drafted. The State Department did not respond to a request for comment for this story.

The document outlines a series of “possible solutions” to the problem WHO identified with respect to marijuana’s status as a strictly controlled substance. The federal government is willing to concede that cannabis was placed in Schedule IV without adequate research, but it wants to remind the public that the drug would remain in Schedule I (the least restrictive class) of the international treaty, and that means there are “significant risks to health associated with cannabis use, especially high potency preparations.”

Instead of removing marijuana from Schedule IV to promote research, the document suggests that WHO could remind signatories on the treaty that “even Schedule IV listings do not prohibit scientific research” and invite them to “remove unnecessary barriers to research wherever possible, taking into consideration the need for controls to prevent diversion and other illicit activity.”

While it wasn’t explicitly acknowledged in the document, that latter message is relevant to the U.S. as well, given that the Justice Department has cited its treaty obligations when rejecting requests to reschedule marijuana or expand the number of authorized cannabis manufacturers for research purposes. (The Drug Enforcement Administration said in 2016 that it will accept additional marijuana cultivation facilities, but it has continued to cite international treaties as a complicating factor.)

The recommended solution for countries to remove their own barriers to research is “one part of that document that really burns my feathers,” Krawitz said.

“Telling other countries that the treaty doesn’t stand in the way of research—that you should be able to easily research cannabis given the treaty status—it’s a bald-faced lie,” he said. “I’ve been up against the DEA three times in federal court now, and each time, they bring up the treaty. Straight up, ‘this is why we have Schedule I in the United States is because of the treaty.’ They’ve made it damn clear that we will never reschedule cannabis.”

Beyond the arguments for and against rescheduling marijuana, the document also contains pros and cons related to a series of other recommended drug scheduling changes, which includes a proposal to remove non-intoxicating CBD from the list of controlled substances altogether.

The Trump administration has twice solicited public input on the international marijuana rescheduling proposal, and it’s received thousands of comments urging the U.S. to support the policy change. Advocates on the ground working in support of the reform include Veterans For Medical Cannabis Access, Americans for Safe Access and the StopTheDrugWar.org.

Read the apparent U.S. response to WHO’s cannabis rescheduling recommendations below:

USA ECDD Position by Marijuana Moment on Scribd

USDA Got More Than 4,600 Hemp Comments Prior To This Week’s Deadline

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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New Psychedelics Reform Group Sets Sights On Congress As Movement Builds

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The psychedelics reform movement has seen a wave of successes at the state and local level over the past couple years, but a newly formed group says the timing is right to take their activism to the next stage: Congress.

The Plant Medicine Coalition (PMC)—founded by the head of the Washington, D.C. campaign that got psychedelics decriminalization passed locally in November’s election—is a national organization that hopes to build upon what’s already been accomplished and bring the issue to Capitol Hill, in part by pushing lawmakers to approve federal funding for research into the therapeutic potential of substances like psilocybin mushrooms and ayahuasca.

They will also work to ensure the effective implementation of D.C.’s city-level policy change while supporting other local activists as they push to change laws governing natural or synthetic psychedelics.

Melissa Lavasani, PMC co-founder, told Marijuana Moment in a phone interview that while she was working on the Decriminalize Nature D.C. campaign last year, it “became apparent to me that there was a lot of work to be done here.”

“The psychedelic movement has had a very long history, but, you know, our federal government is still working on cannabis,” she said. “Who is speaking to the federal government about psychedelics? It just looked like this natural fit.”

Beyond being in the right place at the right time, Lavasani said PMC is also better positioned to get its foot in the congressional door because of connections she has with lobbyists at the government affairs firm American Continental Group. That includes Molly Ahearn Allen, who is also a co-founder of PMC.

The overwhelming support for decriminalization of entheogenic substances in the District of Columbia—where 76 percent of voters approved the proposal on Election Day—was a final sign for Lavasani that she needed to fully invest herself in this movement. She feels that the stories of personal wellness breakthroughs as well as scientific research into the therapeutic potential psychedelics that galvanized voters in D.C. could resonate with federal lawmakers, too.

“We really see PMC playing that role as the political hub of the psychedelic movement,” she said. “How can we bring in the stakeholders into the movement and put them in front of our federal lawmakers, packaged in a certain way where they actually give a shit about it? It’s a lot of work, but this is work that needs to happen if we want sweeping legislation passed and we want to create a system that works for everybody.”

One of the first steps the organization plans to take is to push for bipartisan, congressional appropriations language that would dedicate $100 million in research into the therapeutic benefits of psychedelics. At the very least, it would generate conversation among lawmakers, and if those dollars did produce studies, Lavasani said she’s confident the results would underscore the need to lift federal restrictions on these plants and fungi.

“Then you take the next step, and that next step is having conversations with very specific members in Congress whose local jurisdictions have already passed decrim measures in their cities and states,” she said. “We’ll say, ‘Hey, you appropriated these funds in 2021,’ or whenever it happens, hopefully, it’s this year. You have pressure on them at their constituency level. Their constituents are voting for these measures and they’re voting for plant medicine.”

In that way, there’s symbiosis between the local and national reform efforts. As more activists work to decriminalize psychedelics in cities and states across the country, the constituency grows and bolsters PMC’s chances of building congressional support.

It will likely be a steep task, however. Rep. Earl Blumenauer (D-OR), whose state voted to legalize psilocybin therapy in November, is one of the only members of Congress to openly embrace psychedelics reform, for example. And when Rep. Alexandria Ocasio-Cortez (D-NY) attempted in 2019 to get a spending bill rider removed that she said inhibited research into these substances, many of her Democratic colleagues joined Republicans in rejecting the proposal.

But a lot has changed since that vote, with an ever-growing number of jurisdictions adopting decriminalization policies and public perception clearly shifting in favor of reform. By taking a strategic, bipartisan approach to their lobbying and consensus building, PMC says they can leverage the localized momentum and move Congress in the right direction.

PMC isn’t the only national group pushing for psychedelics reform.

Decriminalize Nature (DN), an Oakland-based activist group has been collaborating with local chapters across the country to get their model decriminalization initiative passed. After getting the policy change enacted in Oakland, DN has empowered advocates in Santa Cruz, Ann Arbor, Michigan and Somerville, Massachusetts to follow suit—with hundreds of other activists expressing interest in doing the same in their own cities.

And the leaders behind Denver’s 2019 campaign to decriminalize psilocybin mushrooms started SPORE last year, with similar goals to lead conversations about ending criminalization and promoting research nationally and even globally.

Lavasani says a key difference between PMC and DN is that her group isn’t necessarily promoting one model of reform over the other. Any move to loosen restrictions on psychedelics—whether that’s decriminalization, legalization for medical use or something else entirely—will get PMC’s backing.

Voters in Oregon, for example, approved a statewide ballot initiative to legalize psilocybin therapy in November, but DN came out against the measure weeks before Election Day, expressing concerns about equitable access to the substance under a medicalization model.

The new group, PMC, isn’t restricting its support to “natural” plant-and fungi-derived psychedelics, either, as DN has so far. Lavansani argues that the distinction is largely arbitrary, and that incorporating synthetic substances like LSD could improve access and prevent over-harvesting of entheogenic plans and fungi.

“PMC’s perspective is that there’s many roads to getting these plant medicines into people’s hands, and the community model isn’t the only option,” she said. “We support any reforms that move the needle forward.”

Further, Lavasani stressed, her group’s relationship with experienced lobbyists at ACG, which is working with PMC on a pro bono basis, means they have a “direct line to Congress,” giving them a unique advantage as they move to persuade lawmakers to take psychedelics reform seriously.

GOP Congressman Files Bill To Protect Veterans Who Use Medical Marijuana From Losing Benefits

Photo elements courtesy of carlosemmaskype and Apollo.

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Marijuana Legalization Could Create $43 Million In Annual Tax Revenue, Delaware State Auditor Reports

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Delaware could see tens of millions of dollars in tax revenue every year if it moves to legalize marijuana, a top statewide elected official said in a new report released on Monday.

The analysis from State Auditor Kathy McGuiness (D) found that Delaware could generate upwards of $43 million annually in revenue from taxing and regulating cannabis. The legal market could also create more than 1,000 new jobs over five years if the policy is enacted, according to the report.

“Forty-three million dollars in state tax revenue would be a boon to Delaware’s coffers,” McGuiness said in a press release. “That money could be used to plug budget holes in the short term and would continue to provide revenue for all kinds of important initiatives in the long term.”

To come up with these estimates, the state auditor’s office looked at publicly available data and concluded that a regulated marijuana industry would grow to be a $215 million enterprise. And assuming marijuana is taxed at 20 percent, that would translate into $43 million in tax revenue.

Via Delaware Auditor’s Office.

“While our report focuses on the economic implications of legalization, such a move would surely be a positive step forward in reforming our criminal justice system,” the report states. “However, choosing instead to allow the sale of marijuana on the black market to go unregulated will mean Delaware will be left behind as other states realize the important economic, public health and social equity advantages that legalization provides. Now is the time for Delaware to legalize marijuana.”

“It’s our view that the action taken by other states to legalize the recreational sale of marijuana puts Delaware at a competitive disadvantage if we continue to ignore the economic potential that this could yield,” it continues. “No Delaware taxpayer wants to see cuts in essential services nor see the door closed to economic growth and good jobs when revenue options like this exist.”

Via Delaware Auditor’s Office.

Legalizing advocates welcomed the auditor’s report as more evidence that lawmakers should enact the policy change.

“The General Assembly should seriously consider legalizing and regulating cannabis for adults this year. Delaware’s neighbor, New Jersey, and 14 other states have already moved forward with this more sensible policy,” Olivia Naugle, a legislative analyst with the Marijuana Policy Project, told Marijuana Moment. “The longer Delaware waits, the state will continue to miss out on a new source of jobs and revenue. It is past time to end prohibition in the First State.”

NORML Deputy Director Paul Armentano said that legalization “will disrupt the illicit marijuana market, end low-level marijuana arrests, and create jobs and new revenue.”

“This has been the experience in other jurisdictions that have enacted legalization—none of which have ever repealed or even seriously considered rolling back their policies,” he said. “That is because these legalization laws are operating largely as voters and politicians intended and in a manner that the public finds preferable to the failed policies associated with criminal prohibition.”

The new state report also notes growing public support for legalization and the bipartisan nature of that trend.

“Statistics show that public opinion on allowing recreational marijuana for adult use has changed dramatically in the last few years, with a majority of Delawareans now supporting it,” McGuiness said. “The prohibition on marijuana has only led to a robust black market, which could be minimized by responsible and thoughtful legalization.”

The auditor’s estimate for job creation is based on an analysis completed in Virginia last year, which was required as part of a cannabis decriminalization bill that passed and is also being used to inform the state’s approach to adult-use legalization.

“Regulation is a key toward controlling commercially legalized marijuana for production, sale and consumption,” the report concludes. “Legalization done right in our view would allow Delaware to establish a policy framework to suppress the black market, curb usage through regulation for minors and collect revenue on a market demand that seems only to be increasing. It would also provide a new revenue stream and new potential for economic growth.”

“Each year that we fail to capitalize on this opportunity means more money could flow to neighboring states instead of being invested here. It is time Delaware pursue legalizing marijuana,” it says.

In 2019, a Delaware House committee approved a bill to legalize marijuana for adult use in the state, but it did not advance before the end of the session. Rep. Ed Osienski (D), sponsor of the measure, plans to reintroduced it in 2021.

Legalization legislation previously received majority support on the House floor in 2018, but procedural rules required a supermajority for it to pass and it didn’t meet that threshold.

While Gov. John Carney (D) is not in favor of legalization, he did sign two pieces of marijuana expungement legislation in recent years. In 2017 and 2018, a state task force met to discuss issues related to legalization, and the governor hosted a series of roundtable meetings about cannabis.

Carney’s predecessor approved a measure to decriminalize simple possession of cannabis in 2015.

As in other states without legalization on the books in the Northeast, regional pressures could come into play in 2021. Delaware borders New Jersey, where voters opted to legalize in November, as well as two other states where cannabis reform could shortly advance: Pennsylvania and Maryland.

“With neighboring states either legalizing it or considering doing so, taking action now is the only way to prevent Delaware from being at a competitive disadvantage in the future,” McGuiness said. “The First State cannot and should not be the last state to approve legalization in the region.”

Separately, in an effort to mitigate the spread of coronavirus, Delaware regulators announced in April that medical cannabis patients could access delivery services under an emergency program.

Read the new report on marijuana tax revenue in Delaware below: 

Marijuana Special Report FI… by Marijuana Moment

New Mexico Governor And Senate Leader Say Marijuana Legalization Can Pass This Year

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New Mexico Governor And Senate Leader Say Marijuana Legalization Can Pass This Year

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The governor of New Mexico and a top Senate leader are bullish about getting marijuana legalization passed this session, with both making recent comments about what they hope the soon-to-be-introduced legislation will accomplish.

Gov. Michelle Lujan Grisham (D), who included the reform as part of her 2021 legislative agenda she released this month, said in a TV interview that she’s “optimistic” about cannabis reform adding that projections show the state gaining thousands of jobs and raising hundreds of millions of dollars in tax revenue.

“I’m still really optimistic about cannabis, which is 12,000 jobs,” she told KOB-TV, “and you know by the fifth year in operation, the projections are we would make $600 million a year.”

But while the “large economic boost” that the governor expects legalization to bring is an important component, especially amid the coronavirus pandemic, lawmakers are also taking seriously the need to address social equity.

Watch the governor talk about cannabis reform, starting around 4:40 into the video below: 

Meanwhile, Senate Majority Leader Peter Wirth (D) said last week that he’s having ongoing conversations with multiple legislators who plan to sponsor legalization bills, and he’s conveyed to them that whatever piece of legislation advances must “address those fundamental underlying issues” of social justice.

In terms of process, the top lawmaker said it’s important for legislators to be talking about their respective bills early on to resolve as many differences as possible before the issue reaches committee or the floor. The failure to get those issues taken care of in a timely manner is partly why the legislature wasn’t able to pass legalization during last year’s short session.

A bill to legalize cannabis for adult use passed one Senate committee last year only to be rejected in another before the end of the 30-day session. Earlier, in 2019, the House approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but it later died in the Senate.

“This year I know the legislators have been working very hard, shaping and crafting these bills, and that kind of from the ground up versus the top down approach that I think is needed for a legislation of this kind,” Wirth told the Growing Forward podcast that’s a joint project of NM Political Report and New Mexico PBS. “Again, we just can’t get it into a final committee in a place where it’s not really ready to go.”

Watch the senator majority leader discuss the legislature’s work to legalize marijuana below: 

The new, post-election makeup of key committees has been helping to facilitate this dialogue and get ahead of disagreements, he said.

While Wirth said he expects some of the same voices coming out in opposition to the legislature’s push to enact legalization this session, he’s “feeling more confident” about passing the reform in the Senate this year.

Several anti-legalization Democrats, including the Senate president pro tem and the Finance Committee chair, were ousted by progressive primary challengers last year.

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where voters approved legalization in November and where sales officially launched last week. New Mexico shares another border with Colorado, one of the first states to legalize for adult use. Cannabis is also expected to be legalized across the southern border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by April 2021.

Wirth said it’s important to make sure that adult-use legalization doesn’t come at the peril of the state’s existing medical cannabis program.

“I just think that it’s a program that’s really been a model for how it’s been rolled out, how it’s worked, and we want to make sure that it stays intact and is still a functioning program,” he said. “That’ll be another a big issue.”

With at least five legalization bills being prepared in the state, Wirth said, there will be plenty for lawmakers to sift through and negotiate this session. The majority leader noted that another question is whether to put marijuana tax dollars in the state’s general fund or to earmark it for specific programs.

Rep. Javier Martinez (D), who has consistently sponsored cannabis reform bills in past sessions, said recently that the “biggest change you’ll see in this bill, which is one of the main points of contention last year, was the creation of a number of different funds, earmarks, tax coming in from cannabis.”

In any case, there’s economic urgency to pass and implement a legal cannabis program. And while no bills have been introduced so far this session, lawmakers expect several to be released as early as this week.

“I’m hopeful that this is the year to get this done,” Wirth said. “I just think the longer we wait, the less of an economic impact it’s going to have, as all of our sister states around us in the country really reach in this direction at pretty high speed.”

Polling indicates that voters are ready for the policy change. A survey released in October found that a strong majority of New Mexico residents are in favor of legalization with social equity provisions in place, and about half support decriminalizing drug possession more broadly.

In May, the governor signaled that she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t send a legalization bill to her desk.

Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota To Avoid Activist Ballot Measure

Photo by Kyle Jaeger.

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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