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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

New York Legal Marijuana Push ‘Effectively Over’ For 2020, Governor Says

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New York Gov. Andrew Cuomo (D) conceded on Saturday that it’s unlikely marijuana will be legalized in the state this year.

“Marijuana and the gig economy were two of the more complicated initiatives that we wanted to work through that we didn’t get a chance to do,” he said in response to a question about which policy issues he would’ve liked to tackle in the annual budget bill that passed this week.

“Is the session effectively over? It’s up to the legislature, but I think it’s fair to say it’s effectively over,” he added, noting that several state lawmakers have been infected with coronavirus.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo elements courtesy of Metropolitan Transportation Authority and Carlos Gracia.

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Congresswoman Wants Ban On DC Marijuana Sales Lifted Through Coronavirus Legislation

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A congresswoman is calling on the government to end a policy prohibiting Washington, D.C. from legal marijuana sales, arguing that the jurisdiction is in particular need of tax revenue from cannabis commerce due to the coronavirus outbreak.

Rep. Eleanor Holmes Norton (D-DC) has repeatedly condemned the congressional rider barring the District of Columbia from allowing retail sales that has been extended each year since 2014, shortly after local voters approved a ballot measure to legalize low-level possession and home cultivation. But given the need for resources to combat the pandemic, she said a reversal of the provision should be included in the next COVID-related relief bill.

“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” the congresswoman said in a press release on Friday, adding that D.C. was shorted in the last stimulus because Congress treated it as a territory rather than a state.

“While I am working for a retroactive fix in the next coronavirus bill, it is imperative that Congress also repeal the D.C. recreational marijuana commercialization rider in the next bill to help D.C. shore up its finances,” she said. “It is beyond unreasonable that congressional interference keeps only the District from commercializing recreational marijuana, while all other jurisdictions are free to do so.”

“Bringing the District in line with other jurisdictions would create a critical source of tax revenue in our time of need.”

Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.

“True to form, Representative Eleanor Holmes Norton continues to be one of the best allies to the cannabis reform movement,” Justin Strekal, political director for NORML, told Marijuana Moment. “During this unprecedented COVID-19 outbreak, it is critical that lawmakers analyze and reform any and every aspect of public policy to mitigate the health crisis and build a foundation for a strong recovery.”

“As the majority of states that regulate cannabis have deemed the industry essential to the continued functioning of their jurisdictions, the continued congressional prohibition of the District of Columbia enacting it’s own adult-use program becomes even more ridiculous,” he added.

Norton, in an interview about her push, said that the congressionally mandated prohibition on sales doesn’t prevent people from accessing cannabis but does block the city from collecting tax revenue.

“You can buy two ounces but, by the way you’ve got to do that on the black market,” she told WUSA-TV. “But there’s nobody to tax it. And I’m simply trying to get the taxes the District is due for merchandise, in this case marijuana that’s being consumed readily in the District of Columbia.”

Legislative priorities for Congress have shifted significantly as lawmakers attempt to address the outbreak, and that’s meant putting some reform efforts on hold. However, the issue isn’t being ignored entirely, and it’s possible that other members may look to attach modest marijuana proposals to additional coronavirus legislation.

For example, Rep. Katherine Clark (D-MA) said this week that U.S. Department of Veterans Affairs policy preventing its doctors from recommending medical cannabis in legal states puts service members at risk in Massachusetts because the state is shuttering recreational shops (but not medical dispensaries) and some veterans fear registering as patients out of concern that they could lose federal benefits.

Eleven senators wrote a letter to Appropriations Committee leadership asking that they allow small cannabis businesses to access federal loans and disaster relief programs. While the lawmakers said it should be enacted through an annual spending bill, advocates have argued that the policy change should be pursued through coronavirus legislation since these businesses are facing challenges just like those experienced by many other companies during the pandemic.

Eleven Senators Push To Let Marijuana Businesses Access Federal Loan Programs

Photo courtesy of WeedPornDaily.

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North Dakota Activists Say Marijuana Legalization Initiative Unlikely In 2020 Due To Coronavirus

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North Dakota activists announced on Thursday that they are suspending their campaign put marijuana legalization on the November ballot due to the coronavirus outbreak.

In a Facebook post, Legalize ND said “we are going to have to face a few hard realities going forward” as businesses are shuttering, public events are being cancelled and individuals are encouraged to shelter in place. The pandemic means in-person signature gathering can’t take place, and the state does not allow for alternative signing options such as by mail or online.

“Due to the virus all of our major avenues for signature collection have been cancelled or indefinitely postponed, and going door to door is not safe for both those knocking and those getting knocked,” the group said. “Businesses will continue to collect, but we don’t want to create another vector for the coronavirus. As a result, at this time if something major doesn’t change we will not be able to make the 2020 ballot.”

Legalize ND said there’s no way for state policies related to signature gathering to be changed ahead of the November election. They needed to collect 13,452 valid signatures from voters before July 6 in order to qualify. In all likelihood, the campaign said it would have to shift its focus to the July 2022 primary election.

“This isn’t the solution we want, but given the situation it is what will have to happen,” the post states. “Stay safe, and hopefully we can make a major push when the quarantine ends.”

The proposed initiative would allow individuals to purchase and possess up to two ounces of cannabis. Unlike a much more far-reaching measure the same group pushed in 2018 that included no possession or cultivation limits, which voters rejected, this version would prohibit home growing, impose a 10 percent excise tax and establish a regulatory body to approve licenses for marijuana businesses.

North Dakota voters approved a medical cannabis initiative in 2016.

The coronavirus outbreak has dealt several blows to drug policy reform efforts in recent weeks.

California activists for campaigns to amend the state’s legal cannabis program and legalize psilocybin mushrooms are asking for a digital signature option.

Likewise in Washington, D.C., advocates for a measure to decriminalize psychedelics asked the mayor and local lawmakers to accept online signatures for their ballot petition.

An effort to legalize medical cannabis in Nebraska is facing similar signature gathering challenges. A campaign to legalize cannabis in Missouri is also in jeopardy.

In Oregon, advocates for a measure to decriminalize drug possession and a separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.

In New York, Gov. Andrew Cuomo (D) recently conceded that legalization was “not likely” going to happen through the budget, as he hoped. Coronavirus shifted legislative priorities, and comprehensive cannabis reform seems to have proved too complicated an issue in the short-term.

Idaho activists announced on Thursday that they are suspending their campaign, though they are still “focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected.”

Finally, in Arizona, a legalization campaign is petitioning the state Supreme Court to instruct the secretary of state to allow individuals to sign ballot petitions digitally using an existing electronic system that is reserved for individual individual candidates seeking public office.

Virginia Groups Push Governor To Amend Marijuana Decriminalization Bill On His Desk

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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