A key congressional committee released two reports on Monday that discuss policies surrounding marijuana, hemp and cannabidiol (CBD).
The documents published by the House Appropriations Committee are attached to annual spending bills that fund certain parts of the federal government, and some of their sections outline concerns about marijuana-impaired driving and the marketing of cannabis-derived products. One of the reports also lays out directives on funds to be used for the implementation of hemp regulations for the 2020 fiscal year.
The first report, which corresponds with legislation on Agriculture, Rural Development, the Food and Drug Administration (FDA) and related agencies, includes two cannabis sections.
One passage details concerns about CBD products that are currently being “marketed in violation” of federal law. At the same time, though, the committee is directing FDA to follow through with pledges to identify “lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health,” given that hemp-derived CBD was legalized under the 2018 Farm Bill.
“Cannabidiol Regulatory Pathway—The Committee is concerned about the proliferation of foods and dietary supplements marketed in violation of the Federal Food, Drug & Cosmetic Act (FFDCA), including products containing cannabis and cannabis-derived ingredients. Non-FFDCA-compliant products pose potential health and safety risks to consumers through unsubstantiated and misleading claims such as treating a wide-range of life-threatening diseases and conditions; excessive cannabidiol (CBD) concentrations that can result in harmful drug-drug interactions, somnolence, and elevated transaminases or liver toxicity; and the presence of significant levels of intoxicating compounds such as tetrahydrocannabinols (THC). The 2018 farm bill expressly preserves FDA’s public health authority to take appropriate actions regarding cannabis, including hemp and its derivatives. The Committee recognizes the FDA is considering a public regulatory process to evaluate the appropriateness, and possible parameters, of a regulatory pathway that would permit CBD in certain foods and dietary supplements. The Committee expects the FDA to assert its commitment to identifying lawful federal regulatory pathways for CBD foods and dietary supplements if such pathways are consistent with protection of the public health. Such pathways may include necessary public health and safety parameters that will protect the public health, such as labeling requirements and limits on CBD or other cannibis-derived ingredients in products, based upon anticipated total exposure levels. The Committee also expects the FDA to preserve the integrity of its drug development and approval processes, which ensures that products marketed for drug uses have undergone a rigorous scientific validation process demonstrating quality, safety and efficacy. It is also imperative that any FDA regulation of foods and dietary supplements containing CBD or other cannibis-derived ingredients preserve incentives to invest in robust clinical study of cannabis, so its therapeutic value can be more fully understood.”
Industry stakeholders got the chance to weigh in on the rulemaking process during a public hearing the FDA held last week.
Elsewhere in the same report, the House panel said that it was providing the U.S. Department of Agriculture (USDA) with roughly $16.5 million to facilitate the implementation of regulations for hemp and hemp-derived products “as soon as possible.”
“Hemp Production Program—The Committee understands that USDA is working on implementing the Hemp Production Program as authorized by the 2018 Farm Bill and encourages the Department to use existing resources to issue regulations as soon as possible. The bill includes $16,496,000 for implementation costs in fiscal year 2020. The Department is directed to provide the Committee with frequent status updates on the progress of implementation.”
Agriculture Secretary Sonny Perdue has pledged to release those guidelines in time for the 2020 planting season.
In a separate report on an appropriations for the Departments of Transportation, Housing and Urban Development and related agencies, the committee said that drug-impaired driving “remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis.”
The panel urged the National Highway Traffic Safety Administration (NHTSA) to develop “a reliable standard for all types of impaired driving” but acknowledged that “developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term.” As such, it is directing the agency to prioritize research into the creation of a standardized field sobriety test for cannabis.
The report sets aside $250,000 for NHTSA to support impaired driving detection programs for law enforcement.
“Drug-impaired driving—As drugged driving remains a growing concern due to the increase in States legalizing marijuana use and the persistence of the opioid crisis, the Committee supports the recommendations of the National Transportation Safety Board that DOT work with the Department of Health and Human Services to develop an impairment standard for drugs. The Committee urges NHTSA to coordinate research efforts with the States and other partners aimed at developing a reliable standard for all types of impaired driving, including marijuana impairment. The Committee directs NHTSA to continue its research efforts aimed at identifying and documenting drug-impaired drivers.
The Committee recognizes that developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term and that resources are well spent on increasing law enforcement officers’ ability to detect driver impairment for multiple substances. The Committee directs NHTSA to continue to robustly support police training programs, particularly Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training, and to prioritize the study and development of a standardized field sobriety test (SFST) to detect marijuana impairment. These programs support law enforcement identification of people who may be impaired due to marijuana or other drugs. Of the amounts provided under the description Impaired and Drug Impaired Driving as part of NHTSA’s Highway Safety Programs, the Committee provides an additional $250,000 under this heading to support DRE and ARIDE.”
The current text of the related respective bills themselves do not include any cannabis-specific language, but amendments could be added during the full House Appropriations Committee markup that is scheduled for Tuesday, or when the bills come to the full House floor. Senate-side action on marijuana riders is also possible.
One piece of appropriations legislation that does include marijuana provisions was released on Sunday. The spending proposal from the House Appropriations Subcommittee on Financial Services and General Government stipulated that funds could not be spent to penalize banks for servicing cannabis businesses that are operating in compliance with state law.
That legislation also eliminates a longstanding rider that has prohibited Washington D.C. from spending its own tax dollars to legalize and regulate marijuana sales.
Three separate spending reports that reference cannabis policy were released last month. The House Appropriations Committee said it was interested in “lowering regulatory and other barriers to conducting” research into Schedule I drugs such as cannabis. It also called for studies into the potential use of CBD and kratom as alternatives to opioid-based painkillers.
On a similar note, the panel said in a manager’s amendment to a report tied to the appropriations bill covering the Justice Department that the Drug Enforcement Administration should “expeditiously process any pending applications for authorization to produce marijuana exclusively for use in medical research.”
The committee also included language in a report attached to legislation funding the Department of Veterans Affairs expressing concern about a policy that denies home loans to military veterans who work in the marijuana industry.
Photo courtesy of Nicholas C. Morton.
Andrew Yang Contrasts Rampant Opioid Prescribing With Marijuana Criminalization
Andrew Yang contrasted the widespread prescribing of opioids with the ongoing criminalization of marijuana on Wednesday.
In a tweet, the entrepreneur and 2020 Democratic presidential candidate said there were “more opiate prescriptions in the state of Ohio than people in Ohio,” yet “marijuana is still classified as a schedule 1 drug” under the federal Controlled Substances Act.
#DidYouKnow – There were more opiate prescriptions in the state of Ohio than people in Ohio. But marijuana is still classified as a schedule 1 drug.
— Andrew Yang🧢 (@AndrewYang) December 11, 2019
He’s brought that point up before, at a presidential debate in October. Asked about his proposed to decriminalize possession of opioids to combat the drug overdose crisis, Yang brought up the statistic and criticized the government for failing to take action against pharmaceutic companies that aggressively marketed addictive painkillers.
“If the government turned a blind eye to this company, spreading a plague among its people, then the least we can do is put a resource into work in our communities so that people have a fighting chance to get well, even though this is not a money problem,” he said at the time.
— Andrew Yang🧢 (@AndrewYang) October 16, 2019
NBC News confirmed that, in 2010, federal data shows there were 102.4 opioid prescriptions in Ohio for every 100 persons. That’s decreased since then, with 2017 data showing 63.5 opioid prescriptions for every 100 persons in the state.
Yang, who supports comprehensive marijuana legalization, has also embraced other harm reduction policies. Beyond decriminalizing opioids, he said in an interview published last week that he’s in favor of providing federal funding for the establishment of safe injection facilities, where individuals can use illicit drugs under medical supervision and receive assistance getting into treatment.
Yang has not yet called for decriminalization of substances beyond opioids and cannabis, however. That policy is backed by rival contenders South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI).
Sens. Bernie Sanders (I-VT) and Elizabeth Warren (D-MA) and former Housing and Urban Development Secretary Julián Castro, also presidential candidates, have called for the establishment of safe injection sites.
Photo courtesy of ABC News.
Marijuana Legalization Bill Filed In Virginia Ahead Of Attorney General’s Cannabis Summit
The attorney general of Virginia held a cannabis summit on Wednesday, with representatives of states that have legalized marijuana sharing their insights as lawmakers in the Commonwealth prepare to push reform legislation in the coming session.
This event came one day after a lawmaker prefiled a bill to legalize marijuana for adult use and expand the state’s existing limited medical cannabis program.
The event featured panels on marijuana decriminalization, social equity, public health, hemp, CBD and creating a pathway for eventual legalization. The goal was to answer policy questions and inform legislation, which Attorney General Mark Herring (D) hopes will start with decriminalization and expungements and later adult-use legalization.
Herring: “I don’t believe Virginia’s current system of needlessly criminalizing cannabis is working. The negative consequences of the current approach fall disproprtionately on African Americans and other people of color.”
— Martin Austermuhle (@maustermuhle) December 11, 2019
“I don’t believe that Virginia’s current approach of criminalizing cannabis is working,” Herring said in his opening remarks. “It is needlessly creating criminals and burdening Virginians with convictions.”
Today we're bringing together legislators, stakeholders, and policy experts to plot a course for a smarter, fairer, more just cannabis policy in VA. For me, that means decriminalizing now, resolving past convictions, & moving to legal, regulated adult use.https://t.co/aqWxQCVPIg
— Mark Herring (@MarkHerringVA) December 11, 2019
“The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers. And the negative consequences of the current approach fall disproportionately on African Americans and people of color,” he said. “It’s clear to me that the time for cannabis reform has come. Justice demands it. Virginians are demanding it. And I’m going to help make sure we get this right.”
Watch video of the Virginia Cannabis Summit below:
Representatives from Colorado and Illinois discussed law enforcement and equity in regulated marijuana markets.
The prospects of passing reform measures greatly increased in Virginia after November’s election, which saw Democrats reclaim control of both chambers of the General Assembly for the first time in decades. Herring said the timing is right to “plot a course for a smarter, fairer, more just cannabis policy” in the state.
Sen. Dave Marsden (D), co-founder of the legislature’s recently established Cannabis Caucus, said at the summit that ensuring that the legal market is equitable is paramount.
.@SenDaveMarsden, who co-founded the new Cannabis Caucus, says focusing on equity will be important. “We can’t substitute a civil process for a criminal one and not expect it to lead to disparities,” he says of decriminalization, noting how people of color still impacted most.
— Martin Austermuhle (@maustermuhle) December 11, 2019
“We can’t substitute a civil process for a criminal one and not expect it to lead to disparities,” he said.
“Following several years of forming consensus around medical cannabis products, we have to be ready to take action in the upcoming legislative session to further reform our laws in this arena,” he said in a press release. “This effort will include a more robust medical cannabis program and Attorney General Herring’s summit is a big step in ensuring we are knowledgeable on the issue and prepared to do this right.”
“Virginia is ready for evidence-based reform and that is what we will provide.”
Del. Stephen Heretick (D) said the summit “is a great opportunity for me and my fellow legislators to learn from the experiences of other states as we consider how to create more fair, just, equitable, and effective cannabis laws here in Virginia.”
Decriminalization is the first proposal on the agenda when the next session starts, the attorney general said. That would fulfill a campaign promise of Gov. Ralph Northam (D), who ran on the issue in 2017 and talked about in his State of the Commonwealth address this year.
“It’s time for public policy to catch up with public opinion, and NORML applauds Attorney General Herring for his efforts to foster and advance evidence-based cannabis laws,” Jenn Michelle Pedini, executive director of Virginia NORML said. “We look forward to supporting the attorney general and the Virginia Cannabis Caucus in their work reforming marijuana laws for a safer Commonwealth.”
While Northam hasn’t voiced support for recreational legalization, Herring said last week that Wednesday’s summit is one resource that will help the state move toward comprehensive reform.
“Criminalizing marijuana possession is not working.” Attorney General @MarkHerringVA said he will host a #cannabis summit to advance decriminalization in Virginia. #CheddarLive pic.twitter.com/ecB4BSQo5w
— Cheddar (@cheddar) December 3, 2019
“Based on my conversations, he supports decriminalization,” Herring, who is also running for governor in 2021, said. “Like a lot of people, I think they’d like to get more information about what legalization and what regulated, adult-use would look like.”
A bill to decriminalize marijuana and make possession of up to one ounce punishable by a maximum $50 civil penalty was prefiled in the legislature last month.
This latest legalization bill, introduced by Del. Lee Carter (D), will likely be a heavier lift. It would allow adults 21 and older to possess and purchase cannabis from licensed retailers, and it would impose a 10 percent tax, revenue from which would go toward a veterans fund, transportation and local municipalities that allow marijuana businesses to operate.
“While a majority of Virginians agree with Attorney General Herring that marijuana should be legal for responsible use by adults, it may take a bit more work to convince the Virginia General Assembly to send such a bill to the governor’s desk,” Michelle Pedini told Marijuana Moment. “Todays summit is an important, and historic, step toward that goal, and NORML is proud to be a part of it.”
Photo courtesy of Nicholas C. Morton.
Thailand Prime Minister Uses Medical Marijuana At Event With Ganja Mascot
Top officials in Thailand are getting the word out about medical marijuana—in part by distributing cartoon cannabis dolls and publicly using marijuana oils.
Prime Minister Prayut Chan-o-cha announced the launch of the government’s medical cannabis education site on Wednesday and appeared at an event alongside a person wearing a spectacled marijuana leaf costume called Dr. Ganja. Children were also present, carrying their own Dr. Ganja dolls.
The Thai government officially launches its medical cannabis "educational" website today.https://t.co/zhzZU61q3c
The Prime Minister gets a ganja doll, kids get a ganja doll, everybody gets a ganja doll!
Photo credit: Bhumjaithai Party pic.twitter.com/lVf1WTguqQ
— Prim Chuwiruch (@prim_chuwiruch) December 11, 2019
Prayut argued in favor of the therapeutic use of cannabis, stating that it represents a potential treatment option for low-income people in particular. According to The Nation Thailand, he also demonstrated marijuana products, inhaling an oil and applying some to the back of his ears. The prime minister also said he plans to purchase some oils himself.
The government’s education site features information about where to find cannabis clinics, what kinds of products are available and infographics laying out basic research into marijuana.
Thai lawmakers have made clear their excitement about medical cannabis, with several filmed participating in a ritual dance in August to celebrate the first batch of marijuana oil.
— Reuters Latam (@ReutersLatam) August 8, 2019
Months after Thailand opted to legalize medical marijuana, the ruling party unveiled draft legislation in September that allows individuals to cultivate up to six cannabis plants for personal use.
Photo courtesy of Bhumjaithai Party.