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Thousands Of Comments Urge FDA To Allow CBD In Foods And Supplements

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The Food and Drug Administration’s (FDA) public comment period for CBD regulations closed on Tuesday, with thousands having weighed in on the health and safety effects of the non-intoxicating cannabis compound.

By the end of Wednesday, individuals and organizations filed more than 4,400 submissions, which will be used to inform FDA’s rulemaking process for cannabidiol products. The comment period opened in April and it was followed by a first-ever FDA public hearing on the cannabinoid that involved testimony from numerous industry stakeholders and reform advocates.

The initial deadline was set for July 2, but that was extended by two weeks in response to strong public interest in weighing in on issues FDA requested, including health risks and benefits, manufacturing processes and product quality

The comments run the gamut. Hundreds of people shared personal anecdotes about how CBD had treated symptoms of various conditions such as anxiety and pain, and others said it helped them wean off of other drugs that had damaging side effects.

Several health professionals and medical associations offered their perspective as well, recommending that CBD be regulated as a health supplement that must meet certain quality and labeling standards.

“Our patient community has used non-FDA approved CBD and other cannabis-based products when other options have failed to provide seizure control for their family member with Dravet syndrome,” the Dravet Syndrome Foundation wrote. “Due to reports of extreme variations in product consistency and frequent label misrepresentation, we would welcome standardizing labeling for cannabis based dietary supplements and foods including concentration, ingredients, and stability.”

Some organizations, including advocacy groups and law firms, answered FDA’s questions head-on and went into details about how they feel CBD should be regulated, what its impacts on safety are and best practices for testing and labeling.

The National Cannabis Industry Association, National Association of State Departments of Agriculture (NASDA), New York State Bar Association, National Grocers Association, U.S. Hemp Roundtable, Vote Hemp and Center for Science in the Public Interest (CSPI) were among those groups that provided comprehensive responses to FDA’s request.

A coalition of 37 state attorneys general also submitted comment.

“As the primary enforcers of our respective states’ consumer protection laws, we offer a unique perspective as to the new legalized market of certain cannabis and cannabis-derived compounds, including CBD products,” the state officials wrote. “Although products containing cannabis or cannabis-derived compounds may well offer real benefits to consumers, it is important that consumers have reliable risk and benefit information to make informed choices about initiating and continuing the use of these products.”

The AGs want FDA to continue “to explore manufacturing, testing, and marketing best practices so that consumers are not at risk of misleading advertising or harm to their health from dangerous additives or undisclosed risks of use.”

In its comment, CSPI wrote that it is “critical that FDA assert its authority on behalf of consumers to ensure that products are safe, accurately labeled, and free of adulterants and contaminants, and that consumers are aware of relevant risks.”

“To do so will require that the agency articulate a long-term program to gradually align the state laws that legalize these products with applicable federal health and safety protections, as we propose,” the organization argued.

“NASDA urges FDA to engage with NASDA and NASDA members in meaningful conversations on how this framework can be establish in a manner that will protect public health, while also fostering growth within this new emerging industry,” the agriculture association said.

U.S. Hemp Roundtable said that the organization believes “FDA has all the tools necessary to expeditiously issue a rule allowing CBD in foods and dietary supplements.”

“We believe that a federal regulatory framework, rather than a patchwork of state and local laws, provides the best means for ensuring consumers receive accurate, consistent information about hemp-derived products,” the group added.

Vote Hemp urged FDA not to let the approval of the CBD-based medication Epidiolex prevent it from allowing hemp-derived CBD products into the marketplace.

“Whole-plant hemp extracts can be part of a healthy diet, are beneficial to consumers, and are not pharmaceutical drugs, especially when they are not marketed to have a therapeutic effect on consumers,” the group wrote. “FDA should recognize that whole-plant hemp extracts are distinct from any substance that has been submitted to FDA for approval as a pharmaceutical drug.”

An FDA official said last week that it will be speeding up the rulemaking process for CBD—something that lawmakers and stakeholders have pressured the agency to do since hemp and its derivatives were federally legalized under the 2018 Farm Bill. A report on progress will be released by early fall, she said.

The same official will testify at a Senate hearing on hemp issues next week.

Additional answers could come out of a hemp industry conference in August, where another FDA official is scheduled to speak about the status of developing regulations for CBD.

Senate Schedules Second Cannabis Hearing For Next Week

Photo by Kimzy Nanney on Unsplash.

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.

Politics

Bill To Allow Medical Marijuana Use At Hotels And Airbnbs Filed In Missouri

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Hotels, Airbnbs and other lodging facilities in Missouri would be allowed to let medical marijuana patients consume cannabis on their properties under a recently filed bill.

The legislation, titled the “Reduction of Illegal Public Consumption by Allowing for Compassionate Access to Medical Marijuana Act,” would require the state Department of Health and Senior Services to create a new “medical marijuana lodging establishment” license for the facilities. They would have to submit an application and a $50 fee to the agency in order to obtain the new approval.

Once licensed, lodging facilities would have to follow certain rules such as confirming that guests are registered medical cannabis patients, posting signage that says marijuana can be consumed on the property and ensuring that consumption areas are at least 25 feet away from sections where its prohibited.

Places that knowingly permit cannabis to be used without a license would be subject to a $1,000 fine for a first offense, $2,000 for a second, $5,000 for a third and the suspension of their business license for a fourth.


Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Theoretically, if this bill is approved, it could promote tourism in the state, as it specifically allows hotels and other facilities to accept out-of-state medical cannabis certifications for guests.

There’s a similar policy on the books in Colorado, where a bill providing for social consumption site licenses was signed last year.

In a new related study, researchers took a look at the prevalence of Airbnbs allowing marijuana consumptions in Denver and found that it’s surprisingly common—much more so than for tobacco use.

“A substantial number of Airbnb listings in Denver, Colorado permit cannabis use and venues permitting cannabis use may be more likely to also permit tobacco smoking,” the abstract says.

About one-in-four facilities included details about their marijuana policy in the listing, and 76 percent of those permitted cannabis use while 31 percent let guests use tobacco.

The focus of the study, published this month in the Journal of Psychoactive Drugs, was to analyze indoor clear air issues related to marijuana at Airbnbs. It concluded that the facilities should “consider including cannabis use in house rules in jurisdictions that have legalized cannabis to help guests identify spaces with clean air.”

Missouri’s marijuana laws might not be as progressive as Colorado’s, but a Republican lawmaker did file a joint resolution last month that calls for adult-use legalization to be placed before voters on the 2022 ballot.

Washington Lawmakers Approve Marijuana Homegrow Bill In Committee

Photo courtesy of Martin Alonso.

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Washington Lawmakers Approve Marijuana Homegrow Bill In Committee

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A bill to allow marijuana homegrow in Washington State cleared its first legislative hurdle Friday morning, passing out of the House Commerce and Gaming Committee on a 7–2 vote with a “do pass” recommendation.

Washington voters approved a cannabis legalization initiative in 2012, and retail sales have been ongoing since mid-2014. Cultivating the plant for personal use, however, remains a felony.

“Washington was one of the first states to legalize, with understandable trepidation,” Rep. Shelley Kloba (D), the lead sponsor of HB 1019 and the chair of the House committee, said at Friday’s meeting. Homegrow, she said, “is one area where we’ve taken a more cautious approach and let other states test the waters.”

Of all other states that have begun legal cannabis sales in the years since Washington legalized, only one—Illinois—has outlawed homegrow. But in Illinois, advocates in Washington have pointed out, the offense is a civil infraction rather than felony crime.

Washington’s homegrow bill would allow adults to cultivate up to six cannabis plants at home and keep the marijuana those plants produce. Plants and containers of more than one ounce of cannabis would need to be labeled with the adult’s name, birthdate and address. Households with multiple adults could grow no more than 15 total plants.

While adults could give small amounts of homegrown cannabis to one another, unlicensed sales would remain illegal.

Plants would also need to be out of public view and unable to be “readily smelled” outside of the property. Growers who violate those limits would be subject to a civil infraction that carries a maximum $50 fine. Landlords, meanwhile, could decide whether or not to allow rental tenants to grow cannabis on the property.


Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The limits on plants being seen or readily smelled by the public, Kloba said, “protects both the grower and the neighbors” by avoiding both possible theft of plants—a concern some have raised about homegrow—as well as nuisance odor from nearby properties.

Opponents of the bill, including the Washington Association of Police Chiefs and Sheriffs, have complained the homegrow limits would be difficult to enforce. A representative of the group noted at a hearing last week that the bill would prevent police from entering a property unless they first obtained a warrant.

Rep. Eric Robertson (R), one of two lawmakers who voted against the bill Friday, said he was concerned that HB 1019 leaves enforcement to police agencies rather than the state Liquor and Cannabis Board (LCB), which regulates licensed cannabis businesses in the state. He described that provision as a “fatal flaw in the bill because there won’t be any reasonable or informed way to investigate this stuff without a huge impact to our cities.”

Kloba replied that LCB has authority over the state’s commercial cannabis system, “and this is clearly outside of it.”

The bill has support from numerous advocacy groups, including state and local drug reform advocates and the Washington Build Back Black Alliance (WBBBA), a group of nonprofit and business leaders lobbying on behalf of the state’s Black communities.

In a letter to lawmakers sent this week, Paula Sardinas of WBBBA noted that 97 percent of the state’s legal cannabis industry remains white-owned. “Assuming an expansion into homegrown would produce more [illicit] activity represents both systematic prejudice and implicit bias,” Sardinas wrote. “This very good bill meets the basic tests of both equity and equality.”

Lawmakers made a single amendment to HB 1019 on Friday before advancing the bill, adding changes meant to harmonize the state’s existing civil forfeiture law with the bill’s proposed homegrow limits. Existing law, for example, allows forfeitures when someone engaged in illegal commercial cannabis activity possesses five or more marijuana plants. The amendment raises that cap to 16 plants and slightly increases the amount of harvested cannabis a person can possess.

Kloba said the amendment, which the committee adopted Friday without objection, is meant “so that we don’t inadvertently allow people to do homegrow and then they get in trouble for doing so.”

Homegrow also won a small victory in Virginia on Friday as a state Senate committee voted to advance a bill to legalize marijuana in that state. Before approving the bill, lawmakers defeated a proposed amendment that would have outlawed home cultivation.

Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment the group “is pleased that cooler heads prevailed, defeating an absurd motion to remove personal cultivation from the bill.”

Meanwhile, in Washington, the House Commerce and Gaming committee also heard testimony Friday on a separate bill, HB 1210, that would update state law to replace references to “marijuana” with the word “cannabis.”

“The word ‘marijuana’ is a reminder of the history of racism and persecution,” argued the bill’s lead sponsor, Rep. Melanie Morgan (D), while “cannabis” comes from the plant’s scientific name. “I ask for this committee’s support in removing the racist stigma from communities of color.”

Chris Thompson, director of legislative relations for LCB, said the regulatory agency supports the legislation but would like to see a “friendly amendment” that would direct regulators to make the change on their side, too. Such direction would allow LCB to expedite agency rulemaking.

“If you were to make a very long bill just maybe one paragraph longer and direct our agency to do that with our rules,” Thompson told lawmakers, “then that would help us make this change across the board in one fell swoop.”

Illinois Awards $31.5 Million In Marijuana-Funded Grants To Repair Communities Harmed By Drug War

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Arizona Begins Recreational Marijuana Sales, Just Weeks After Voters Approve Legalization

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Arizona marijuana sales for the adult-use market officially began on Friday after state officials began notifying retail business license applicants that they’d been approved.

The launch comes just weeks after voters in the state overwhelmingly passed a cannabis legalization initiative during November’s election. This marks the fastest transition from voter-approval to sales implementation of any state that has legalized marijuana to date.

Under the measure, regulators were required to quickly develop rules for the market. Industry stakeholders say they’ve had productive conversations with the Department of Health Services to create those guidelines over the past few weeks.

The department released two draft versions of its proposed regulations and then, earlier this month, began accepting applications for recreational business licenses. This first round of approvals is for existing medical cannabis dispensaries that have already gone through the state’s prior licensing process.

“ADHS has received 79 applications since the application period began early Wednesday,” the department said in a press release on Friday. “Six of those applications remain under review,” meaning that 73 facilities can now begin adult-use cannabis sales. The full list of those stores is at the bottom of this story.

Those who aren’t currently operating a medical marijuana shops can still apply for an adult-use license during this first round if they plan to operate in a county with two or fewer existing dispensaries. Applications for those who aren’t eligible in this phase will be open soon and are expected to be approved starting in the spring.

Samuel Richard, executive director of the Arizona Dispensaries Association, told Marijuana Moment that the “dedicated focus and professionalism of our regulators have really played out here in an incredible way.”

“We had overwhelming support in November—a three to two margin, 60-40 percent. We got over the finish line,” he said. “It’s great to see that our regulators responded to that overwhelming support by working as fast as they can to get the infrastructure in place to allow the two million Arizonans that voted ‘yes’ for Prop 207 to start to enjoy the benefits of legal, adult-use cannabis.”

Legalization advocates are cheering the state for its expediency in getting the recreational marijuana market off the ground.

Matthew Schweich, deputy director at the Marijuana Policy Project, told Marijuana Moment that it is “encouraging to see Arizona move forward with implementation of the legalization policy approved by voters in November.”

“By avoiding unnecessary delays, Arizona will accelerate the timeline for job creation, business investment, and new tax revenue,” he said.

“I commend state officials for prioritizing the implementation of Prop. 207 and ensuring that Arizona adults have safe and convenient access to affordable marijuana in a timely manner,” NORML State Policies Coordinator Carly Wolf, told Marijuana Moment. “Voters were crystal clear on their mandate at the ballot box: end the failed policy of criminalization and replace it with a legal pragmatic regulatory framework as soon as possible.”

“It’s time to stop ceding control and revenue of the marijuana market to unregulated and untaxed enterprises in order to eliminate the risks associated with an illicit market,” she said.

The rules for the adult-use market took effect on January 15. They cover licensing fees, the timeline for approvals, the structure of the regulatory body, product labeling, public safety protocols and more. Many of the changes from prior draft regulations were technical, but there was one notable change concerning credentialing for cannabis workers.

Rather than being credentialed for one specific facility, the worker registration was expanded so that they could be certified to be employed at any cannabis operation in the industry.

While these rules are in place for the newly approved retailers, Richard said regulators have made clear their intent to continue to work with stakeholders and continue to build upon their rules to ensure the market’s success.

Under the state’s new legalization law, adults will be able to possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.

The measure also contains several provisions aimed at addressing the harms of prohibition such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program.

Cannabis sales will be taxed at 16 percent. Tax revenue will cover implementation costs and then be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.

That revenue could also help the Arizona’s economic recovery amid the coronavirus pandemic, Richard said.

“At the time where folks are still struggling to recover across the country in terms of state budgets, we look forward to being a critical piece” of that recovery, he said.

Arizona’s quick response to voter approval of the reform initiative stands in stark contrast to New Jersey, where voters also approved a legalization referendum in November.

While regulations have been developed and retail sales are launching in Arizona, enabling legislation has faced numerous delays in New Jersey as lawmakers and the governor continue to hash out differences in their preferred regulatory approach.

That said, New Jersey Gov. Phil Murphy (D) said during his State of the State address last week that “we are on the verge of passing an innovative and groundbreaking set of laws to reform our historically unjust approach to marijuana and cannabis.” But the exact timeline to pass an implementation bill is yet to be determined.

See the full list of medical cannabis dispensaries authorized to sell recreational marijuana below:

Facility Legal Name County City
Natural Relief Clinic Inc Cochise Bisbee
Desertview Wellness & Healing Solutions, LLC Coconino Flagstaff
Arizona Natures Wellness Coconino Sedona
Desert Medical Campus Gila Payson
High Desert Healing Llc Maricopa Avondale
Non Profit Patient Center Inc Maricopa Cave Creek
Azgm 3, Inc Maricopa Chandler
Border Health, Inc Maricopa Chandler
Total Health & Wellness Inc Maricopa Chandler
Total Health & Wellness Inc Maricopa Chandler
Arizona Cannabis Society Inc. Maricopa El Mirage
Fort Mountain Consulting, Llc Maricopa El Mirage
Absolute Health Care Inc Maricopa Gilbert
Ocotillo Vista, Inc. Maricopa Glendale
Pahana, Inc. Maricopa Glendale
Pp Wellness Center Maricopa Glendale
Whoa Qc Inc Maricopa Glendale
G.T.L. Llc Maricopa Guadalupe
Nature Med Inc Maricopa Guadalupe
4245 Investments Llc Maricopa Mesa
Arizona Wellness Collective 3, Inc Maricopa Mesa
Buds & Roses, Inc Maricopa Mesa
Jamestown Center Maricopa Mesa
Sea Of Green Llc Maricopa Mesa
The Giving Tree Wellness Center Of Mesa Inc Maricopa Mesa
The Healing Center Farmacy Llc Maricopa Mesa
Valley Healing Group Inc Maricopa Mesa
Vending Logistics Llc Maricopa Mesa
Pinal County Wellness Center Maricopa Peoria
Ad, Llc Maricopa Phoenix
Az Compassionate Care Inc Maricopa Phoenix
Catalina Hills Botanical Care Inc Maricopa Phoenix
Devine Desert Healing Inc Maricopa Phoenix
Fort Consulting, Llc Maricopa Phoenix
Greens Goddess Products, Inc Maricopa Phoenix
Healing Healthcare 3 Inc Maricopa Phoenix
Herbal Wellness Center Inc Maricopa Phoenix
Kwerles Inc Maricopa Phoenix
Mohave Valley Consulting, Llc Maricopa Phoenix
Natural Herbal Remedies Inc Maricopa Phoenix
Natural Relief Clinic Inc Maricopa Phoenix
Nature’s Healing Center Inc Maricopa Phoenix
Nature’s Healing Center Inc Maricopa Phoenix
Organica Patient Group Inc Maricopa Phoenix
Phytotherapeutics Of Tucson Maricopa Phoenix
Rjk Ventures, Inc. Maricopa Phoenix
The Giving Tree Wellness Center Of North Phoenix Inc Maricopa Phoenix
Zonacare Maricopa Phoenix
The Kind Relief Inc Maricopa Queen Creek
Byers Dispensary Maricopa Scottsdale
Csi Solutions Llc Maricopa Scottsdale
Eba Holdings Inc. Maricopa Scottsdale
All Greens Inc Maricopa Sun City
East Valley Patient Wellness Group Inc Maricopa Sun City
Holistic Patient Wellness Group Maricopa Tempe
Salubrious Wellness Clinic Inc Maricopa Tempe
Svaccha, Llc Maricopa Tempe
Kannaboost Technology Inc Maricopa Tempe
K Group Partners Llc Maricopa Youngtown
Sweet 5, Llc Maricopa Youngtown
Verde Dispensary Inc Mohave Kingman
Abedon Saiz Llc Mohave Lake Havasu City
Fwa Inc Mohave Lake Havasu City
Arizona Golden Leaf Wellness, Llc Pima Marana
Medmar Tanque Verde Llc Pima Tucson
Patient Care Center 301, Inc. Pima Tucson
Rainbow Collective Inc Pima Tucson
Nature’s Wonder Inc Pinal Apache Junction
Svaccha, Llc Pinal Apache Junction
Medical Pain Relief Inc Pinal Casa Grande
Sherri Dunn, Llc Yavapai Cottonwood
203 Organix, Llc Yavapai Prescott
Jamestown Center Yuma Yuma

Congressman Files First Federal Marijuana Reform Bill Of 2021

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