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Thousands Respond To FDA’s Marijuana Rescheduling Comment Request

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It’s not every day that the federal government requests public input on international marijuana laws, but that’s exactly what the Food and Drug Administration (FDA) did last week. And the comments are pouring in.

So far, the agency says it has received more than 2,100 comments—a small fraction of which have been published. The comments range from personal anecdotes about how cannabis has helped patients to arguments about the economic benefits of legalization. Others put the issue more bluntly:

“Just legalize it already.” —Anonymous

The comment period is fairly open-ended, so there’s not necessarily a “right” way to express your views. What the agency requested is input on the “abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use” of cannabis and several other substances.

The comments will be considered as the United States responds to the United Nations World Health Organization. That response will help inform the international group on “whether to recommend that certain international restrictions be placed on these drugs” or whether that should be reclassified under international drug treaties.

For reference, here are a few other comments to FDA that stand out:

“I am a 25-year old male working in finance in NYC, please legalize marijuana — it is one of the few answers to budget deficits across the nation in the form of billions in tax revenue, and it is a scientifically “safer” drug than both alcohol and nicotine, the latter two of which are currently legal and causing billions of dollars in healthcare related costs.”

“The benefits of Cannabis Plant and Resin far outweigh its health risks. All forms of THC and CBD should be made completely legal for medicinal and recreational use immediately, and taxed accordingly.”

“I am writing to voice my support for full cannabis descheduling. It is clear that the current policy is a failure in controlling a substance that is dramatically less harmful than currently legal products. This injustice to the American people has gone on for far too long. “

“Marijuana has been legalized for medical use in 31 states. Additionally, it is legal for recreational use in 9 states with more voting on it this mid-term election. Canada is also legalizing marijuana federally on October 17th. The United States needs to get its head out of the sand and take a more progressive approach to marijuana use and research.”

“I am a combat veteran of the Iraq war, and I am ASHAMED of the way that the United States Government is treating veterans like myself who know firsthand the positive effect that cannabis can have for people suffering from PTSD. I know that it has helped me. Stop standing in the way of our potential happiness.”

The FDA isn’t just asking about marijuana—there are 16 substances included in this comment period—but it’s clear that cannabis is the primary subject of interest, at least in the submissions that have been published so far. The comments overwhelmingly support de-scheduling or legalizing cannabis, with rare exceptions.

For example, one anonymous commenter who claimed to be representing a “major corporate client” lamented reportedly declining property values in a Massachusetts jurisdiction where a marijuana dispensary operates. The losses, the commenter claimed, amounted to more than $29 million.

Another reform critic who identified himself as Eric R. Eliason from Utah said he “took two puffs of a joint” in college and suffered academically.

“I usually get As in math but the next semester I got Fs in all my classes (except an A in tennis where I cheated). Marijuana impairs judgment and stays in your system for a very long time. Drugs are bad for you. We need critical thinkers for our economy.”

Eric R. Eliason is also the name of a U.S. House candidate in Utah, running as a United Utah Party member. The candidate denied having written the comment in a tweet, noting that he knows several other individuals with the same name.

“LOL. I’ve never had an F, never had a tennis class, and never had a toke,” Eliason wrote on Twitter. “Based on writing style, I would nix the professor and the gastro surgeon as well.”

For those who are supportive of changing international treaties to free up countries to set their own marijuana policies—but perhaps aren’t sure how to articulate their views to the FDA—NORML launched an online tool on Tuesday that offers editable, pre-written letters that the organization will submit to the FDA.

“In April, in response to a similar FDA request, NORML collected and hand-delivered over 10,000 comments to the agency calling on it to recommend a lifting of international restrictions criminalizing the plant,” the organization wrote.

“It is imperative that rational, evidence-based policies are what our policy makers review, and the FDA public comment period provides a terrific opportunity for citizens to make their voices heard,” NORML Political Director Justin Strekal told Marijuana Moment.

“Here at NORML, we made it easy with a pre-written letter with recent studies, which commenters can easily edit as they see fit to include additional context. In April, during the first round of public comment, over 60 percent of all submissions came from NORML members and we hope to continue to dominate the discussion in October.”

For those who want to submit comments to the FDA through the official government channel, Marijuana Policy Project general counsel Kate Bell shared some advice with Marijuana Moment.

“1. Submit something. Don’t worry about whether others might submit similar comments or make them in a more compelling fashion. The sheer volume of comments makes a statement.
2. Explain your expertise. It’s okay if you’re not a policy expert or medical researcher. For example, if you are a medical cannabis patient or you have a marijuana-related conviction on your record, let them know how marijuana’s current classification has personally affected you.
3. Make sure you address the questions that are being asked. In this case, review the issues that the WHO is considering, which are listed in the FDA’s request for comment.”

Whatever your individual stance is, and whatever method you choose to submit your comment, there’s one date to keep in mind: October 31 is the deadline to make your voice heard.

FDA Says Marijuana Ingredient CBD Doesn’t Meet Criteria For Federal Control

Photo courtesy of Brian Shamblen.

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

DEA Seeks Contractor Capable Of Burning Four Tons of Marijuana Per Day

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The Drug Enforcement Administration (DEA) recently reached out for help burning “at least” 1,000 pounds of marijuana per hour for eight hours straight.

Every year, DEA seizes millions of marijuana plants and literal tons of raw cannabis, which eventually end up being destroyed. The successful contractor in Arizona would be responsible for burning marijuana and other controlled substances seized as evidence in drug cases “to a point where there are no detectable levels, as measured by standard analytical methods, of byproduct from the destruction process.”

“DEA shall inspect the incinerator to ensure no drug residue remains,” the agency said.

DEA posted the work description earlier this month in what’s called a “sources sought notice,” an initial step before a formal request for proposals is sent.

“This is not a request for proposals and does not obligate the Government to award a contract,” the post says. “The Drug Enforcement Administration (DEA) is conducting market research, and is encouraging all businesses, including small businesses, to respond to this notice.”

An accompanying statement of work gives a behind-the-scenes look at the DEA’s process of destroying seized drugs. Typical boxes weigh between 40 and 60 pounds, for example, but can weigh up to 200 pounds. Contraband might come in on “semi-trucks, tractor trailers, cargo vans, fork lifts, etc.,” the work description says.

“The drugs are usually tightly compressed ‘bricks’ or ‘bales,’” it continues, and are packaged in all sorts of materials: cardboard, wrapping paper, plastic wrap, aluminum foil, packing tape, “duct tape and derivatives,” plastic evidence bags, “grease/oil” and others. Contractors will be expected to burn that stuff, too.

To avoid potential contact highs, there must be ”proper ventilation” and “no smoke buildup” will be allowed. Other mandates include closed-circuit cameras that capture the entire process, which DEA reserves the right to access, as well as background checks and regular drug tests of all personnel.

Armed DEA agents and contractors will be present during scheduled burns.

The work is also very hush-hush, so whoever gets the job shouldn’t expect to regale friends with stories of the latest large-scale federal weed burning sesh.

“The contractor and its personnel shall hold all information obtained under the DEA contract in the strictest confidence,” the work description says. “All information obtained shall be used only for performing this contract and shall not be divulged nor made known in any manner except as necessary to perform this contract.”

The work would start January 1 of next year and the contract would expire in 2026 unless terminated sooner. The deadline to send information for would-be contractors was Friday.

DEA Seized More Marijuana Plants In 2019, But Arrests Fell

Photo courtesy of Chris Wallis // Side Pocket Images

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Harris Will Give Biden ‘Honest’ Input On Legalizing Marijuana And Other Issues As Part Of ‘Deal’

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Democratic vice presidential nominee Kamala Harris says she has a “deal” with Joe Biden to candidly share her perspective on a range of progressive policies he currently opposes, including legalizing marijuana. Separately, she also recently discussed cannabis reform in a private meeting with rapper Killer Mike.

During an interview on 60 Minutes that aired on Sunday, the senator was pressed on marijuana and numerous other issues where she and Biden disagree. In response, while she didn’t specifically commit to proactively advocating for comprehensive cannabis reform, she pledged in general that she would always share her views with the would-be president if the pair are elected next week.

“What I will do—and I promise you this and this is what Joe wants me to do, this was part of our deal—I will always share with him my lived experience as it relates to any issue that we confront,” she said after the interviewer listed cannabis legalization among a handful of issues on which she and Biden depart. “I promised Joe that I will give him that perspective and always be honest with him.”

Asked whether that perspective will be “socialist” and “progressive,” Harris laughed and said “no.”

“It is the perspective of a woman who grew up a black child in America, who was also a prosecutor, who also has a mother who arrived here at the age of 19 from India, who also, you know, likes hip hop,” she said.

The senator’s taste in music also came up during her own 2020 presidential bid, when she said in an interview that she listened to Snoop Dogg and Tupac while smoking marijuana during college despite graduating before those artists released their debut albums.

Music culture has played a key role in this election cycle, and one of the strongest voices for criminal justice reform in the industry is Killer Mike, who worked as a surrogate for Sen. Bernie Sanders (I-VT) when he was running for the Democratic presidential nomination. The artist said he met with Harris on Friday and the two discussed cannabis business opportunities for communities of color.

As she’s done repeatedly since joining Biden’s campaign, Harris also reiterated at a rally in Pontiac, Michigan on Sunday that the administration would pursue marijuana decriminalization and expunging prior cannabis convictions.

She made similar comments during a campaign event in Atlanta last week, stating that the “war on drugs was, by every measure, a failure, and black men were hit the hardest.” That said, while the senator has come to embrace broad cannabis reform, she’s faced criticism over her past opposition to legalization and role in prosecuting people for marijuana offenses as a California prosecutor.

In another interview released last week, Harris said she and Biden “have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses.”

“When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits,” she said.

There’s been some frustration among cannabis reform advocates that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization but has in recent weeks focused her comments on the more modest reforms of decriminalization and expungement.

Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.

In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”

In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.

Musician John Legend Endorses Drug Decriminalization Ballot Measure In Oregon

Photo element courtesy of California Attorney General’s Office.

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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GOP Tennessee Senator Calls For Medical Marijuana Legalization In New Campaign Ad

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A Tennessee senator touted his support for legalizing medical marijuana in a campaign ad released on Friday.

In the 30-second spot, which has notably high production value for this kind of local race, state Sen. Steve Dickerson (R) talks about both the therapeutic benefits of cannabis and the consequences of broader marijuana criminalization.

“As your state senator, I’ve led the fight to legalize medical marijuana so our veterans and sickest Tennesseans can deal with chronic pain,” he said. “But this same life-saving plant has led to mass incarceration, with nonviolent marijuana possession resulting in lengthy prison sentences.”

“I think that’s wrong. That’s why I’ve been pushing for criminal justice reform,” the senator added.

Dickerson, who sponsored a medical cannabis legalization bill that cleared a Senate committee in March, said in a Q&A published earlier this month that the policy change would be among his top three legislative priorities if he’s reelected.

His Democratic opponent, former Oak Hill Mayor Heidi Campbell, is in favor of “fully legalizing marijuana,” with her campaign site stating that cannabis crimes “disproportionately impact people of color and it’s time to end marijuana prohibition.”

But while Dickerson has earned a reputation as a moderate Republican given his positions on issues like cannabis reform, he’s faced backlash after declining to denounce an independent ad taken out on his behalf that some, including the LGBTQ rights organization Tennessee Equality Project (TEP), called racist.

The ad, which was paid for by Lt. Gov. Randy McNally’s (R) political action committee MCPAC, hits Campbell over her support for a nonprofit organization that is designed to keep young people out of prison, and it frames the group as “radical” and “extremist.” TEP rescinded their endorsement of Dickerson over his refusal to condemn the ad.

In the Tennessee legislature, marijuana reform has yet to pass—but there’s growing recognition that voters are in favor of the policy change. For example, former House Speaker Glen Casada (R) released the results of a constituent survey last year that showed 73 percent of those in his district back medical cannabis legalization.

Another former GOP House speaker, Beth Harwell, highlighted her support for the reform proposal during her unsuccessful bid for governor in 2018, and she referenced President Trump’s stated support for medical marijuana on the campaign trail.

In other Tennessee drug policy politics, a lawmaker in June blocked a resolution to honor murdered teen Ashanti Posey because she was allegedly involved in a low-level cannabis sale the day she was killed.

New York Will Legalize Marijuana ‘Soon’ To Aid Economic Recovery From COVID, Governor Cuomo Says

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.
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