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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.

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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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