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USDA Receives Hemp Legalization Feedback From States And Stakeholders

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On Wednesday, the U.S. Department of Agriculture (USDA) gave stakeholders in the nation’s hemp economy an opportunity to provide input on rules to legally regulate the crop that are currently being developed.

Hemp, which was federally legalized as part of the 2018 Farm Bill signed by President Trump in December, had previously been restricted by the Justice Department as a controlled substance. Now USDA has primary responsibility for overseeing legal cultivation of marijuana’s non-psychoactive cannabis cousin.

But the agency is still in the process of establishing a set of regulations covering areas such as land use, certification, product testing and disposal of hemp containing excess THC. After those federal rules are in place, USDA will begin reviewing proposed hemp plans submitted by state agriculture departments.

Officials from at least seven state governments and a number of Indian tribes gave testimony during the roughly three-hour online feedback session, which was occasionally interrupted by technical difficulties, as did several hemp industry operators.

All told, more than 3,000 people tuned in to the webinar to hear three-minute presentations from some 50 scheduled speakers.

The stakeholders registered concerns about testing procedures for hemp, shipping parts of the plant and its derivatives between states, access to banking and hemp’s relation to its still-Schedule-I counterpart, marijuana.

States speak up

After the 2018 Farm Bill was signed into law, Kentucky’s Commissioner of Agriculture Ryan Quarles headed to Washington, D.C. to personally deliver to USDA a plan to regulate hemp, making his state the first to take formal action under the new federal legalization provisions.

“We don’t know if it can replace tobacco,” Quarles said during Wednesday’s event. “But we know it’s becoming part of our greater agriculture portfolio.”

The Kentucky Agriculture Department received more than 1,000 applications to participate this year in the state’s limited industrial hemp research pilot program that is authorized under the prior 2014 Farm Bill.

As Kentucky looks toward broader industrialization, Quarles said the state is particularly concerned about hemp farmers’ access to banking.

“These farmers and companies need access to capital just like any other farmer or agri-business,” he said.

Quarles also called for guidance from the Food and Drug Administration (FDA) and Congress about what the federal government plans to do about CBD and other derivatives of industrial hemp—an area of focus for Kentucky’s hemp program.

“If the FDA regulates too hard against CBD, it would really harm small Kentucky family farms,” he said. “We’ve got to develop rules that allow our farmers an opportunity to continue supporting this crop and benefitting economically from it, especially during a period of depressed farm cash receipts.”

Sara Walling, an administrator at the Wisconsin Department of Agriculture, Trade and Consumer Protection, oversees the department where the state’s hemp program resides. She said the application period for growing hemp in the 2019 season yielded 1,461 grower applications and 711 processor applications under the state’s research program.

She described the Badger State’s relation to hemp as “enthusiastic and energetic” but said there is still some confusion among state regulators about how to proceed.

“We’re optimistic about the future of hemp as an agricultural crop but we’re in a chicken-and-the-egg process: Which comes first, processing or production?” she said.

Regulatory and legislative officials from Colorado, Kansas, Missouri, North Dakota and Pennsylvania also provided testimony.

Tribal officials weigh in

At least six representatives from groups of indigenous people described their visions for a regulated and equitable industrial hemp program. Angie Kennedy, of the Seneca Nation of Indians, sought clarification on how tribes and sovereign nations can participate in the 2019 planting season. The 2018 Farm Bill allows continued planting of hemp under the earlier 2014 legislation’s research provisions.

“But the 2014 Farm Bill, it does not allow that [tribes] can grow under those requirements,” she said. “When the USDA comes out with the regulations, it’ll be too late for this farming season.”

That concern was echoed in other speakers’ remarks as well.

Ben Fenner, an attorney with Fredericks, Peebles & Morgan LLP, spoke on behalf of the tribal attorney for the Flandro Sanchi Sioux Tribe in North Dakota. Fenner said that as more hemp is cultivated, tribes cannot afford to miss out on access the market.

“Delaying this out to 2020 or beyond is going to hurt tribes,” he said.

USDA staff listen to webinar feedback from hemp stakeholders.

Supply chain concerns

Wednesday’s listening session also included testimony from groups that transport hemp and related products, along with vendors that sell the goods.

Federal regulations for interstate transportation of hemp have not yet been issued and, while the federal agriculture legislation covers the whole nation, hemp production and processing is still illegal under the laws of some states.

Collin Mooney is the executive director of the Commercial Vehicle Safety Alliance, which represents the local, provincial, state and territorial agencies responsible for commercial motor vehicle enforcement throughout the U.S., Mexico and Canada.

“States will need to make the necessary regulatory changes and to make officials aware of those changes,” Mooney said.

Aside from changing the legal status of hemp, Mooney said the roadside enforcement community would face other challenges. While industrial hemp is defined federally as cannabis that is comprised of 0.3 percent or less of THC, it can look and smell similar to marijuana, and available field kits only demonstrate whether THC is present in a sample, regardless of the concentration.

“Since the state drug labs that can make this distinction already have a backlog of work, this can lead to unavoidable delays in traffic stops and maybe even mistaken arrests,” Mooney said.

Regardless of the legal challenges of transporting hemp and hemp products, Peter Matz of the Food Marketing Institute, a lobbying group that represents grocery stores and pharmacies around the country, said the demand for these products is “already pretty staggering, and we know that it’s growing.”

“The fact remains that our members are seeking clarity on everything—which kinds of products can be sold and where, as well as the labeling requirements, as well as sourcing and transporting the ingredients,” he said.

Looking ahead

Until USDA’s rules are formalized, hemp farmers are still able to grow under their respective state’s hemp research pilot programs under the 2014 Farm Bill.

Secretary of Agriculture Sonny Perdue said last month that his agency is working to create the new regulatory framework by the 2020 growing season.

“We’re proceeding very judiciously obviously because of the uniqueness of the crop hemp and its relationship to other crops that we’re not encouraging. It’s complex,” he told the House Agriculture Committee.

Dr. Scott Gottlieb, outgoing head of the FDA announced that his agency will hold a similar listening session next month to discuss plans for regulating hemp-derived CBD. FDA is considering pathways to allow cannabis and its derivatives in food and dietary supplements and to permit those products to be marketed and transported between states.

The DEA Wants Help Differentiating Marijuana From Hemp

Photo courtesy of Brendan Cleak.

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Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

Nevada Sold More Than $1 Billion In Marijuana In One Year, Officials Report

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

Singer Melissa Etheridge And Activist Van Jones Promote Psychedelics Reform As Movement Grows

Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

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