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Trump Administration Wants More Input On Marijuana Rescheduling

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The Trump administration is asking the public to submit comments to help inform the U.S.’s position on the potential global reclassification of marijuana.

Last month, the World Health Organization (WHO) formally recommended that cannabis and its derivatives be rescheduled under international drug treaties.

Now, the U.S. Food and Drug Administration (FDA) wants “interested persons to submit comments on the notifications from the United Nations concerning these drug substances,” Lowell J. Schiller, FDA’s acting associate commissioner for policy, wrote in a notice published in the Federal Register on Friday.

“The comments received in response to this notice will be considered in preparing the United States’ position on these proposals for a meeting of the United Nations Commission on Narcotic Drugs (CND) in Vienna, Austria,” the filing says.

That means people who submit input could play a role in shaping how the U.S.’s United Nations representative votes when the decision comes up in the key international narcotics body.

The vote could take place as soon as this month.

In long-anticipated recommendations, WHO called last month for whole-plant cannabis, as well as marijuana resin, to be taken out of Schedule IV, the most restrictive category of a 1961 drug treaty. It also called for THC and related compounds to completely removed from a separate 1971 drug treaty and instead put into the 1961 convention.

“The evidence presented to the Committee did not indicate that cannabis plant and cannabis resin were particularly liable to produce ill-effects similar to the effects of the other substances in Schedule IV of the 1961 Single Convention on Narcotic Drugs,” WHO determined. “In addition, preparations of cannabis have shown therapeutic potential for treatment of pain and other medical conditions such as epilepsy and spasticity associated with multiple sclerosis.”

While the scheduling moves would amount to a recognition that global authorities have for decades been wrong about marijuana’s harms and medical potential, the substances would still remain restricted in different categories of the conventions, meaning that nations couldn’t legalize cannabis while still maintaining compliance with international treaties (although the current even more restrictive status quo hasn’t stopped Canada and Uruguay from doing so anyway).

WHO also wants to clarify that cannabidiol (CBD) a non-intoxicating marijuana component increasingly used for medical benefits, does not fall under international restrictions at all.

“Cannabidiol is found in cannabis and cannabis resin but does not have psychoactive properties and has no potential for abuse and no potential to produce dependence,” WHO’s report found. “It does not have significant ill-effects. Cannabidiol has been shown to be effective in the management of certain treatment-resistant, childhood-onset epilepsy disorders.”

Although advocates hoped that the marijuana recommendations would be addressed at this month’s CND event, many expect that the UN commission may not consider them until a subsequent meeting because the body publicly released the cannabis proposals later than initially expected.

“At this time, it is uncertain whether the above notification from WHO of recommendations for proposed scheduling action on cannabis and cannabis related substances will be acted upon by 62nd session of the Commission on Narcotic Drugs (from 14 to 22 March 2019),” the new FDA notice says. “The Bureau of the 62nd Commission is currently considering whether to postpone voting on the cannabis-related recommendations until the reconvened meeting in December, or the 63rd session of the Commission on Narcotic Drugs, March 2020.”

But the U.S. is preparing for a vote within the next few weeks just in case.

Public comments on marijuana’s classification must be received by March 14, though if the UN body ends up delaying its consideration of the WHO recommendations, the Federal Register filing says that “the comment period will be reopened.”

The notice details how public comments will play a role in the process:

“FDA, in cooperation with the National Institute on Drug Abuse, will consider the comments on behalf of [the Department of Health and Human Services] in evaluating the WHO scheduling recommendations,” it says. “Then, under section 201(d)(2)(B) of the [Controlled Substances Act], HHS will recommend to the Secretary of State what position the United States should take when voting on the recommendations for control of substances.”

The new request for comments is at least the third time that the Trump administration has asked the public to weigh in on marijuana’s international scheduling status, but it is the first since WHO formally recommended reclassification.

This piece was first published by Forbes.

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 15-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.)

Politics

Santa Cruz Will Consider Decriminalizing Psychedelics This Week

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Santa Cruz, California could be the latest in a wave of cities to decriminalize psychedelics, with a City Council hearing on the proposal scheduled for Tuesday.

The city vice mayor, Justin Cummings, recently introduced the resolution, which would make possession, use and cultivation of entheogenic substances such as psilocybin mushrooms and ayahuasca the city’s lowest law enforcement priority.

“Plants and fungi with psychedelic properties have been used for thousands of years by indigenous communities for spiritual and medical practices and many are considered illegal in our country,” Cummings told Marijuana Moment in an email. “As we begin to better understand the health benefits of these plants and fungi, we need to not treat the people who use and research these plants and fungi as criminals, and lower barriers for research, clinical treatment, and personal.”

“Santa Cruz has a number of organizations that conduct research on use of psychedelics to improve mental health and we as a community want to support these efforts,” he added.

The full City Council will hear a presentation from the advocacy group Decriminalize Santa Cruz and discuss the resolution on Tuesday. After that point, the measure will be referred to the Public Safety Commission for further consideration.

Text of the resolution emphasizes the medical potential of psychedelics and the ritualistic consumption of the substances throughout history.

If approved, that would mean the City Council “supports the possession, use, and/or cultivation of entheogenic psychoactive plants and fungi for personal adult use and clinical research and psychoactive practices, and declares that the investigation and arrest of individuals involved with the adult possession, use, or cultivation of entheogenic psychoactive plants and fungi listed on the federal schedule one list for personal use be among the lowest priorities for the city of Santa Cruz.”

The measure recommends that the use of psychedelics for medical or spiritual purposes “be done in consultation with, and under the supervision of trained/medical professionals.”

Additionally, it calls on the city manager to order Santa Cruz’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”

Psychedelics reform is moving ahead in jurisdictions throughout the U.S., with Denver becoming the first city to decriminalize so-called magic mushrooms in May. Oakland’s City Council followed suit, unanimously approving a resolution that expanding the decriminalization to a wide range of entheogenic substances.

Advocates are also working to advance decriminalization in Portland, Chicago, Berkeley and Dallas.

Meanwhile, California activists are pushing two separate statewide psychedelics initiatives: one that would decriminalize psilocybin across the board and another more recently filed measure that calls for broad legalization and commercial sales. Oregon activists are collecting signatures for a 2020 proposal that would legalize psilocybin for therapeutic purposes.

On the federal level, Rep. Alexandria Ocasio-Cortez (D-NY) voiced support for decriminalizing psychedelics and promoting research into the substances in a video statement delivered at a Drug Policy Alliance conference last week.

Read text of the Santa Cruz psychedelic resolution below: 

Santa Cruz Decriminalize Dr… by Marijuana Moment on Scribd

Alexandria Ocasio-Cortez Voices Support For Decriminalizing Psychedelics

Photo elements courtesy of carlosemmaskype and Apollo.

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Sanders, Warren And Buttigieg Include Medical Marijuana In Veterans Day Plans

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To commemorate Veterans Day, a number of presidential candidates are releasing plans focused on helping those who served the country in the military—and at least three major contenders are including marijuana-specific planks in their proposals.

Sen. Bernie Sanders (I-VT), for example, wants to ensure that doctors at the Department of Veterans Affairs (VA) “have the option of appropriately prescribing medical marijuana to their patients.”

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.)

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Barbara Lee Honors Veterans Day With Call To Action On Marijuana Reform

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Rep. Barbara Lee (D-CA) marked Veterans Day by promoting a bill she introduced that would effectively legalize medical marijuana for military veterans.

In a press release and email blast for the national advocacy group NORML, the congresswoman discussed the need to expand access to cannabis for those who’ve served, stating that studies demonstrate the plant can treat symptoms of conditions that commonly afflict veterans such as post-traumatic stress disorder.

Lee said that as the daughter of a veteran, the issue is particularly important for her.

“Congress must do more to ensure every veteran has a roof over their head, to ensure our veterans come home to a job that pays them a living wage, and to ensure our veterans have access to the health care services they deserve,” she said in the press release. “That includes improving veterans’ access to medical marijuana.”

“That’s why I introduced H.R. 1151, the Veterans Medical Marijuana Safe Harbor Act, to empower veterans and their doctors to make informed decisions about the use of medical marijuana without political interference,” she said. “The current federal prohibition on cannabis is harmful and counterproductive. Politicians should never stand between our veterans and their health care.”

The Veterans Medical Marijuana Safe Harbor Act was introduced in February, and the House version currently has three cosponsors, including Rep. Matt Gaetz (R-FL). The Senate companion version was filed by Sen. Brian Schatz (D-HI) and has two cosponsors, Sens. Tim Kaine (D-VA) and Bernie Sanders (I-VT), who signed on last week.

In her email for NORML on Monday, Lee said that cannabis prohibition has disproportionately impacted communities of color, but the policy also “falls hard upon is our nation’s veterans.”

The congresswoman noted that medical cannabis is widely used by veterans, yet doctors at the U.S. Department of Veterans Affairs (VA) aren’t allowed to fill out recommendations, even in states where it’s legal. That would change under her legislation, she said.

“This year, we can and must succeed in passing this essential legislation and protecting the rights of veterans to access medical treatment and serving those who served us,” she wrote, linking to a page where people can send a letter in support of her bill to their own representatives.

“Prohibiting VA doctors from recommending cannabis to qualifying patients, while continuing to rely on pharmaceuticals drugs like opioids as a treatment, is both a dangerous and illogical policy,” she said. “We know medical marijuana can be an effective and safe treatment for veterans and it is time to stop making them seek private, out-of-network physicians to access it.”

“I sponsored the Veterans Medical Marijuana Safe Harbor Act because I know it will create an immediate positive impact on the lives of our veterans. Once enacted, veterans will be able to access medical marijuana treatment without the added challenge of accessing a private, non-VA physician. Together, we can gather enough support to pass this legislation, but it will only happen if enough Americans stand up and demand it. Please tell your member of Congress to support the Veterans Medical Marijuana Safe Harbor Act.”

VA under the Trump administration has resisted marijuana reform legislation, with officials from the department testifying in a committee hearing in April that it opposed several proposals, including one that would require VA to conduct research into the medical benefits of cannabis for veterans.

Former VA Secretary David Shulkin, whose department also declined to take action on veterans cannabis issues, recently said that he’s in favor of increasing research into the plant’s therapeutic potential and blamed staff for misinforming him about what VA was capable of doing to that end while he was in office.

Lee, who serves as co-chair of the Congressional Cannabis Caucus, also discussed cannabis reform in a video statement that was broadcast at a Drug Policy Alliance conference in St. Louis on Saturday. She didn’t address veterans issues specifically but rather spoke about broader reform efforts to federally legalize marijuana.

“We all know that the federal prohibition on marijuana has led to the overcriminalization and mass incarceration, especially in black and brown communities,” she told activists in the taped message. “That is why we need to ensure that as the cannabis movement marches forward, it does so hand-in-hand with efforts to address these racial inequities head on.”

“I think we’re at a pivotal moment for the cannabis movement. There is so much excitement for the progress we’ve made and for where we are pushing to go,” the congresswoman said. “If we do this right—by ensuring that we address the legacy of the failed war on drugs and center our work in restorative justice—there is no stopping us.

“I wish you success for your conference and the work ahead,” she said. “Stay woke.”

Bernie Sanders Wants To Legalize Medical Marijuana For Military Veterans

Photo courtesy of Rep. Barbara Lee.

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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