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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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Congressional Bill Filed To Protect Marijuana Consumers From Losing Public Housing

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A congresswoman on Thursday reintroduced a bill that would allow people living in federally assisted housing to use marijuana in compliance with state law without fear of losing their homes.

As it stands, people living in public housing are prohibited from using controlled substances in those facilities regardless of state law, and landlords are able to evict such individuals. But the bill from Rep. Eleanor Holmes Norton (D-DC) would change that.

It would provide protections for people living in public housing or Section 8 housing from being displaced simply for using cannabis in states that have legalized it for medical or recreational purposes.

“Individuals living in federally assisted housing should not be denied admission, or fear eviction, for using a legal product,” Norton said on Thursday. “Adult use and/or medical marijuana is currently legal in 36 states and the District of Columbia, and over 90 percent of Americans support legalized medical marijuana.”

The legislation would also require the head of the Department of Housing and Urban Development (HUD) to enact regulations that restrict smoking marijuana at these properties in the same way that tobacco is handled.

“HUD, like DOJ, should not be allowed to enforce federal marijuana laws where states have taken action to legalize marijuana,” the congresswoman said, referring to a congressionally approved rider that prevents the Department of Justice from interfering with state medical cannabis laws.

Norton filed earlier versions of the Marijuana in Federally Assisted Housing Parity Act in 2018 and 2019, but they did not receive hearings or votes.

In 2018, a Trump administration official said that she was working to resolve conflicting federal and state marijuana laws as it applies to residency in federally-subsidized housing, but it’s not clear what came of that effort.

Rep. Alexandria Ocasio-Cortez (D-NY) also raised the issue during a committee hearing in 2019, pressing former HUD Secretary Ben Carson on policies that cause public housing residents and their families to be evicted for committing low-level offenses such as marijuana possession.

She pointed to two specific HUD policies: the “one strike” rule, which allows property managers to evict people living in federally assisted housing if they engage in illicit drug use or other crimes, and the “no fault” rule, which stipulates that public housing residents can be evicted due to illicit drug use by other members of their household or guests—even if the resident was unaware of the activity.

Ocasio-Cortez and then-Sen. Kamala Harris (D-CA) also filed legislation that year that would protect people with low-level drug convictions from being denied access to or being evicted from public housing.

Sen. Jeff Merkley (D-OR) also introduced an affordable housing bill last year that included a provision to prevent landlords from evicting people over manufacturing marijuana extracts if they have a license to do so.

Read the text of the marijuana housing legislation below: 

Norton cannabis housing bill by Marijuana Moment

Drug Possession Is Officially A Crime Again In Washington, But As A Misdemeanor Instead Of Felony

Photo courtesy of Martin Alonso.

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FDA Clears Researchers To Study MDMA Use By Therapists Being Trained In Psychedelic Medicine

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The Food and Drug Administration (FDA) has already authorized clinical trials into the therapeutic potential of MDMA for patients with post-traumatic stress disorders—but now it’s given the green light to a psychedelics research institute to expand its studies by administering the substance to certain therapists.

Volunteer therapists who are being trained to treat people with PTSD will be able to participate in the Phase 1 trials to gain personal experience with the treatment option. This is a complementary research project that comes as the Multidisciplinary Association for Psychedelic Studies (MAPS) is in the process of conducting Phase 3 trials involving people with the disorder.

The development comes months after Canadian regulators announced that certain therapists would be allowed to take psilocybin in order to gain a better understanding of the psychedelic when treating patients.

MAPS sought permission to proceed with the therapist-specific trials in 2019, but FDA placed them on a 20-month hold because of concerns about the merits, risks and credentials of investigators. MAPS appealed that hold, providing evidence about the study’s scientific value and ability of its staff, and FDA cleared them on Tuesday.

The organization “chose to dispute” FDA’s hold not just because of the impact it had on the planned studies, “but in an attempt to resolve an ongoing issue with the FDA regarding investigator qualifications across studies,” it said in a press release on Wednesday.

“While the term ‘dispute’ may seem adversarial, this process can actually strengthen the relationship and trust between us and our review Division and ensures the Division has support on this project from the [FDA] Office of Neuroscience,” MAPS Public Benefit Corporation (PBC) CEO Amy Emerson said. “This decision demonstrates how our strategic, data-driven strategy in challenging the FDA rulings can be successful.”

Now MAPS is able to launch the Phase 1 clinical trials into MDMA-assisted therapy for therapists.

It will be designed to “measure development of self-compassion, professional quality of life, and professional burnout among clinicians delivering the treatment to patients,” the association said.

Getting personal experience with the substance “is widely considered to be an important element in preparation and training to deliver psychedelic-assisted therapies.”

This will “support the goals of the MDMA Therapy Training Program to provide comprehensive training to future providers,” and it “builds capacity to deliver quality, accessible care to patients, pending approval of MDMA-assisted therapy as a legal prescription treatment,” MAPS PBC Director and Head of Training and Supervision Shannon Carlin said.

FDA first granted MAPS’s request for an emergency use authorization for MDMA in PTSD in 2017. The organization expects to complete its Phase 3 trails in 2022.

The scientific expansion move also comes as the psychedelics decriminalization movement continues to build in the U.S.

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Missouri Regulators Derail Medical Marijuana Business Ownership Disclosure Effort With Veto Threat

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Missouri regulators say they feel requiring medical marijuana business license ownership disclosures under a House-approved amendment could be unconstitutional, and they may urge the governor to veto the legislation. 

By Jason Hancock, Missouri Independent

An effort by lawmakers to require disclosure of ownership information for businesses granted medical marijuana licenses was derailed on Thursday, when state regulators suggested a possible gubernatorial veto.

On Tuesday, the Missouri House voted to require the Department of Health and Senior Services provide legislative oversight committees with records regarding who owns the businesses licensed to grow, transport and sell medical marijuana.

The provision was added as an amendment to another bill pertaining to nonprofit organizations.

Its sponsor, Rep. Peter Merideth, D-St. Louis, said DHSS’s decision to deem ownership records confidential has caused problems in providing oversight of the program. He pointed to recent analysis by The Independent and The Missourian of the 192 dispensary licenses issued by the state that found several instances where a single entity was connected to more than five dispensary licenses.

The state constitution prohibits the state from issuing more than five dispensary licenses to any entity under substantially common control, ownership or management.

On Thursday, a conference committee met to work out differences in the underlying bill between the House and Senate.

Sen. Eric Burlison, a Republican from Battlefield and the bill’s sponsor, called the medical marijuana amendment an “awesome idea. I think it’s awesome.”

However, he said opposition from the department puts the entire bill in jeopardy.

“The department came to me,” he said, “and said they felt that this was unconstitutional.”

DHSS has justified withholding information from public disclosure by pointing to a portion of the medical marijuana constitutional amendment adopted by voters in 2018 that says the department shall “maintain the confidentiality of reports or other information obtained from an applicant or licensee containing any individualized data, information, or records related to the licensee or its operation… .”

Alex Tuttle, a lobbyist for DHSS, said if the bill were to pass with the medical marijuana amendment still attached, the department may recommend Gov. Mike Parson veto it.

The threat of a veto proved persuasive, as several members of the conference committee expressed apprehension about the idea of the amendment sinking the entire bill.

Merideth said the department’s conclusion is incorrect. And besides, he said, the amendment is narrowly tailored so that the information wouldn’t be made public. It would only be turned over to legislative oversight committees.

Rep. Jered Taylor, R-Republic, chairman of the special committee on government oversight, said the amendment is essential to ensure state regulators “are following the constitution, that they’re doing what they’re supposed to be doing.”

The medical marijuana program has faced intense scrutiny in the two years since it was created by voters.

A House committee spent months looking into widespread reports of irregularities in how license applications were scored and allegations of conflicts of interest within DHSS and a private company hired to score applications.

In November 2019, DHSS received a grand jury subpoena, which was issued by the United States District Court for the Western District. It demanded the agency turn over all records pertaining to four medical marijuana license applications.

The copy of the subpoena that was made public redacted the identity of the four applicants at the request of the FBI. Lyndall Fraker, director of medical marijuana regulation, later said during a deposition that the subpoena wasn’t directed at the department but rather was connected to an FBI investigation center in Independence.

More recently, Parson faced criticism for a fundraiser with medical marijuana business owners for his political action committee, Uniting Missouri.

The group reported raising $45,000 in large donations from the fundraiser. More than half of that money came from a PAC connected to Steve Tilley, a lobbyist with numerous medical marijuana clients who has been under FBI scrutiny for more than a year.

This story was first published by Missouri Independent.

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