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Trump Administration Has Calm Response To Canadian Marijuana Legalization

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Canada’s new marijuana legalization law went into effect on Wednesday, and the U.S. federal government’s response so far has been mostly muted and dispassionate.

The U.S. Embassy in Ottawa, for example, posted a few calm and friendly videos simply reminding people not to bring cannabis with them when crossing the border.

The Embassy also launched a frequently asked questions page, which responds to queries about how consuming marijuana or investing or working in the cannabis industry could impact admissibility to the U.S.

Perhaps of most interest to Canadians involved in cannabis businesses, the document reiterates and confirms that “a Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the United States for reasons unrelated to the marijuana industry will generally be admissible to the United States.”

“However, if a traveler is found to be coming to the United States for reasons related to the marijuana industry, they may be deemed inadmissible,” it says.

While one of the questions—”Do you anticipate more American tourists crossing into Canada due to the change in legalization?—seems to acknowledge that many U.S. citizens support and would like to take advantage of Canada’s new marijuana laws, the Embassy doesn’t really provide a direct response.

The FAQ also covers issues related to visa applications.

“If you plan to use marijuana in the United States then you will be found ineligible for a visa based on intending to engage in unlawful activity in the United States,” it says. “It does not matter if you use doctor-prescribed marijuana. If you smoke cannabis in Canada, you may also be found ineligible…if a physician determines that you have a physical or mental disorder with associated harmful behavior – for example, impaired driving – or are a drug abuser or addict.”

When it comes to working or investing in the marijuana industry, the Embassy says it will only affect visas if the person is “found to be coming to the U.S. for reasons related to the cannabis industry.”

The page also says that while “legalization of cannabis in Canada will not have any impact on cannabis’s legality in the United States,” American officials “have discussed legalization of cannabis at various levels” with their Canadian counterparts.

Despite the relatively polite and level-headed response to the new legalization law of its neighbor to the north, the American government isn’t exactly excited about it.

A top U.S. Customs and Border Protection official, for example, said that Canada’s move to grant pardons for past marijuana offenses wouldn’t necessarily shield those individuals from being denied entry into the U.S.

It remains to be seen how President Trump himself, key White House staffers or Department of Justice officials will respond to Canada’s legalization of marijuana if asked about it publicly.

U.S. Government Loosens Border Policy For Canadian Marijuana Industry Workers

Photo courtesy of Jurassic Blueberries.

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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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Banning CBD Products Would Be ‘A Fool’s Game,’ FDA Chief Admits

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Products containing cannabidiol (CBD) are here to stay, Food and Drug Administration (FDA) Commissioner Stephen Hahn acknowledged on Wednesday, calling it “a fool’s game” to attempt to pull the products off the market.

“People are using these products,” Hahn, a cancer doctor, said in his first public speech on CBD since taking office as commissioner in December. “We’re not going to be able to say you can’t use these products. It’s a fool’s game to try to even approach that.”

Hemp and its derivatives have been federally legal in the U.S. since passage of the 2018 Farm Bill, but policies governing the marketing of CBD have been murkier. FDA is still in the process of developing rules to allow businesses to sell the cannabis compound in foods or nutritional supplements—a process that Hahn’s predecessor, former FDA Commissioner Scott Gottlieb, has said could take years without congressional action.

Hahn’s latest comments suggest that while FDA may not be happy with CBD’s explosion onto the consumer market, the agency at least isn’t planning an immediate, industry-wide crackdown.

“We have to be open to the fact that there might be some value in these products, and certainly Americans think that’s the case,” the FDA chief said. “But we want to get them information to help them make the right decisions.”

The commissioner was addressing the National Association of State Departments of Agriculture at its winter policy conference in Arlington, Virginia.

Since Congress began lifting restrictions on hemp cultivation in 2014, all but three states have submitted plans to the U.S. Department of Agriculture (USDA) to regulate hemp production, and states such as Kentucky have embraced hemp as a promising commercial crop.

After Hahn was nominated to lead the FDA last year, Senate Majority Leader Mitch McConnell (R-KY) pressed him on the need to establish a regulatory framework for CBD products.

“Like many Kentuckians who are taking advantage of hemp’s legalization,” McConnnell said at the time, “I am eager for FDA’s plans to create certainty for CBD products.”

Last week, however, the agency missed a deadline outlined in a report attached to an annual spending bill to provide an update on the development of enforcement guidelines around CBD products. “We haven’t received the report yet,” House Appropriations Committee Communications Director Evan Hollander told Marijuana Moment in an email. “That’s not surprising; agencies typically submit these very late.”

Meanwhile, Congress is taking separate steps to allow and regulate hemp-derived CBD. Bipartisan legislation filed last month would allow the cannabinoid to be marketed and sold as a dietary supplement.

While regulations for CBD have yet to be finalized, the government’s enforcement actions have been infrequent and sometimes unpredictable. The FDA has said it’s using its enforcement discretion to target businesses making outlandish, unsupported claims about CBD’s health benefits.

Also at Wednesday’s agriculture event, a USDA undersecretary announced that the agency would be delaying a requirement for hemp testing laboratories to register with the DEA. On Thursday, USDA issued a notice clarifying it would temporarily suspend enforcement of that rule as well as one on the disposal of crops with too much THC.

USDA Touts Hemp Industry’s Growth But Says Challenges Remain

Photo by Kimzy Nanney.

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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USDA Announces Two Temporary Changes To Restrictive Hemp Rules

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The U.S. Department of Agriculture (USDA) announced on Thursday that it will be temporarily delaying enforcement of two provisions of its hemp regulations.

Hemp producers will not be required to use a laboratory registered with the Drug Enforcement Administration (DEA) to conduct potency tests on their crops, at least for now. And for the time being, they won’t have to dispose of so-called “hot hemp” containing excess THC through DEA or a law enforcement body.

“Because currently there isn’t sufficient capacity in the United States for the testing and disposal of non-compliant hemp plants, USDA has worked hard to enable flexibility in the requirements in the Interim Final Rule for those issues,” USDA Under Secretary for Marketing and Regulatory Programs Greg Ibach said in a press release announcing the enforcement decision.

These changes come in response to feedback from industry stakeholders, who argued that the policies included in USDA’s interim final rule on hemp would prove cost prohibitive for farmers and inhibit the growth of the market since the crop was federally legalized under the 2018 Farm Bill.

USDA received significant feedback from lawmakers and hemp interests during a public comment period that ended last month. The department said earlier this month that it was open to making certain changes based on those responses, but it also said certain proposed changes—such as increasing the threshold of allowable THC in hemp—are statutory matters that it cannot revise on its own.

A follow-up comment period will launch after this current planting season, USDA said.

In the meantime, the laboratory testing and disposal requirements are being delayed until October 31, 2021, or until a final rule is released. USDA said the delay will “serve as a temporary measure to allow a smooth transition into regular enforcement” and give DEA enough time to increase “registered analytical lab capacity.”

“Through these conversations, we have learned that these provisions will serve as a significant hindrance to the growth of a domestic hemp market at this nascent stage,” USDA said. “For instance, we now better understand how the limited number of DEA-registered labs will hinder testing and better understand the associated costs with disposing of product that contains over 0.3 percent THC could make entering the hemp market too risky.”

“Because USDA is exercising its enforcement discretion to adopt a temporary policy of non-enforcement for producers who—due to the dearth of registered laboratories and limited access to reverse distributors or law enforcement disposal—are unable to comply with the testing and disposal procedures promulgated through the [interim final rule], we believe that this guidance is a statement of agency policy not subject to the notice and comment requirements,” the notice states.

Hemp will still have to be tested, and it must be disposed if it contains too much THC, but processors will be able to use other facilities and methods and still be in compliance.

The department stressed that laboratories that aren’t registered with DEA will have to “adhere to the standards of performance as outlined within the [interim final rule].” For example, they must test “total THC employing post-decarboxylation or other similarly reliable methods” and “make arrangements to be compliant with registration requirements before this period of delayed enforcement expires.” DEA will review applications from laboratories who wish to participate.

USDA also included a guideline for compliant, alternative disposal methods. The department’s intent is “that these methods allow producers to apply common on-farm practices as a means of disposal while rendering the controlled substance non-retrievable or non-ingestible,” it said. A list of alternative disposal options include burning, composting and burying hemp.

It added that the department will “conduct random audits of licensees to verify hemp is being produced in accordance with” regulations.

“One of the top considerations in making these changes was the desire to provide additional options that minimize, to the extent possible, the resource impact to state and local law enforcement in handling hemp that is out of compliance,” Ibach said. “We look forward to partnering with producers, states, tribes and other stakeholders to deliver regulations that work for everyone.”

The new announcement could help clear up some confusion about comments that Ibach made at an agriculture policy conference on Wednesday. According to the advocacy group Vote Hemp, there has been misreporting that suggested the official said the provision requiring DEA-registered labs to test hemp was being eliminated.

A recording of the discussion that Vote Hemp released shows that the undersecretary said enforcement of the provision would simply be delayed for the current planting season.

While USDA is still in the process of developing rules for the crop, it has started accepting state regulatory plans for hemp. Wyoming and Washington State became the latest to have their proposals approved. Previously, USDA accepted regulations from Texas, Nebraska, Delaware, Louisiana, New Jersey and Ohio, as well as several tribal plans.

Meanwhile, at the same agriculture conference that Ibach spoke at, the commissioner of the Food and Drug Administration admitted that it would be “a fool’s game” to try to keep hemp-derived CBD products off the market.

Number Of Banks Reporting Cannabis Business Clients Dips After Hemp Rules Change

Photo courtesy of Pixabay.

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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Minority Marijuana Business Group Defends Bernie Sanders’s Comments On Legalization And Race

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The country’s first diversity-focused marijuana trade association came to Sen. Bernie Sanders’s (I-VT) aid on Thursday, issuing a statement “to affirm our support and appreciation” for the 2020 presidential candidate’s recent comments on minority involvement in the legal cannabis industry.

During a Democratic primary debate on Tuesday, Sanders pledged not only to end federal marijuana prohibition and expunge past criminal records if elected, but also to help people of color find an economic foothold in the industry.

“We are going to provide help to the African American, Latino and Native American communities to start businesses selling legal marijuana rather than let a few corporations control the legalized marijuana market,” he said.

It’s an argument familiar to most legalization advocates, and several recent state marijuana laws have included provisions aimed at ensuring social equity in the industry for communities that have been targeted by the war on drugs. But the proposal didn’t sit well with everyone. Some wondered aloud whether Sanders was himself being racist by suggesting that people of color should sell drugs.

“Girl, I couldn’t believe my ears when Sanders said he was going to set up black people and natives to sell DRUGS!!” wrote one Twitter user, a self-described Christian mom from Alabama. “I’m still in shock. Dems are still the same ole racist. They look down on black Americans as if they are ignorant and incompetent children.”

Bernie Sanders “is a flat out racist” said another Twitter user, a supporter of Donald Trump. “Basically said minorities only capable of having businesses which sell drugs.”

But now, the Minority Cannabis Business Association (MCBA) is working to set the record straight. In a press release, the group said it “stands in support” of Sanders’s comments, which it argued touch on core parts of its mission to “promote economic empowerment for communities of color by creating policy considerations, social programming, and outreach initiatives to achieve equity for the communities most affected by the war on drugs.”

“Taking the public position of ensuring communities most impacted by the war on drugs will have the ability to enter the legal cannabis industry shows that he is serious about reversing the damage done by the war on our communities,” said Kaliko Castille, MCBA’s vice president.

In a phone interview with Marijuana Moment, MCBA President Jason Ortiz said he was “inspired” by Sanders’s comments, though he understands how they could have been misinterpreted.

“I think Bernie Sanders is addressing the issue of economic justice, and I think it is a complicated issue, so some folks have been misinformed,” Ortiz said. Sanders, he explained, is trying to ensure that the economic opportunities created by marijuana legalization are shared equitably.

So far in most legal states, he said, that hasn’t been happening.

“We see large, wealthy, white corporations already have access to those economic opportunities in our communities,” Ortiz said. “What Sen. Sanders is proposing is that communities of color share in those economic opportunities. And there’s nothing racist about economic justice.”

Ortiz chalked up the criticism to decades of misinformation about cannabis from government and the media.

“One of the most insidious parts of the war on drugs was its ability to confuse communities of color around the cannabis plant,” he said. “There’s been a sustained, systematic campaign to misinform our communities and deny us economic opportunities for decades.”

“Communities of color do want access to opportunities in the cannabis industry,” Ortiz added. “We demand access to opportunities. And we welcome any candidates that are willing to stand with our call for economic justice for our communities.”

Aside from Sanders, MCBA said that “Massachusetts Senator Elizabeth Warren is the only other Democratic candidate for president to release a plan regarding federal cannabis policy with restorative and economic justice.”

MCBA has not endorsed a candidate for president, but Sanders and Warren have by far the most comprehensive cannabis legalization proposals. Sanders’s plan would immediately deschedule cannabis nationwide and work to block big corporations from controlling the market. (He’s faced pushback from legal experts who argue that a president cannot legally use executive action to legalize marijuana in all 50 states on his first day in office, however.)

Warren’s recently released marijuana proposal, meanwhile, puts racial equity center stage. “It’s about undoing a century of racist policy that disproportionately targeted Black and Latinx communities,” the plan says. “It’s about rebuilding the communities that have suffered the most harm. And it’s about ensuring that everyone has access to the opportunities that the new cannabis market provides.”

While some criticisms of Sanders’s debate statements appeared to be sincere, others seemed politically opportunistic. Conservative pundits pounced on Sanders, apparently in an effort to stir up racial tensions. Fox News host Tucker Carlson—who described the legalization plan as “Fire up a bowl. Numb out”—said Sanders “is encouraging more black kids to sell drugs.”

“Where is this weed going to come from? Bernie has a plan for that, too. Black people are going to sell it to you,” Carlson said. “So first, they fill black neighborhoods with abortion clinics. Now the frontrunner is encouraging more black kids to sell drugs, but somehow this is the party that loves black America.”

Ortiz responded that “Tucker Carlson and his ilk have been perpetuating the racist stereotypes that led to the over incarceration crisis we face today” and his “flippant disregard for the violent history of the war on drugs is a testament to just how much work we still have to do on an issue with near universal support.”

Elizabeth Warren Cites Marijuana Advocacy In Response To Tribal Members’ Critical Letter

Photo courtesy of Phil Roeder

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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