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Veterans Groups Battle Medical Marijuana Ban On Capitol Hill

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Several of the U.S.’s most prominent veterans advocacy organizations are stepping up the push for medical marijuana.

During two hearings on Capitol Hill this week, leaders of veterans service groups called on Congress to force the U.S. Department of Veterans Affairs (VA) to do more to provide access to and conduct research on medical cannabis.

“This is the year that our views will be heard on cannabis,” Melissa Bryant, chief policy officer for Iraq and Afghanistan Veterans of America, said in front of a joint hearing of the House and Senate Veterans’ Affairs Committees on Tuesday.

“Veterans consistently and passionately have communicated that cannabis offers effective help in tackling some of the most pressing injuries we face when returning from war,” she added in written testimony. “Policies are outdated, research is lacking, and stigma persists. In 2018, IAVA members will set out to change that and launch a national conversation underscoring the need for bipartisan, data-based, common-sense solutions that can bring relief to millions, save taxpayers billions and create thousands of jobs for veterans nationwide. Those solutions must include the approval of medical cannabis for every veteran in America who needs it.”

Veterans of Foreign Wars is on board as well.

“VA mental health care is making a positive impact on those who use it, but there is still room for improvement,” Keith Harman, the national commander in chief for VFW, said in testimony for a separate hearing before the panels on Wednesday. “The VFW urges Congress and VA to conduct a federally-funded study with veteran participants for medical cannabis. This study should have a focus on participants who have PTSD, but should most definitely include veteran participants who are VA patients for chronic pain and oncology.”

The American Legion the nation’s largest military veterans advocacy group, prominently included a call for medical marijuana reform at the VA in an appearance before the committees last month.

American Legion Pushes Congress On Medical Marijuana At Hearing

“The federal government continues to list cannabis as a Schedule I drug – the most addictive and dangerous – although its addiction rates are lower than alcohol, and the less-restrictive Schedule II classification applies to opioids, which kill 91 Americans every day,” American Legion National Commander Denise H. Rohan said. “By continuing to consider accumulating evidence of the efficacy of cannabis-based medicines, the federal schedule fails patients fighting debilitating conditions, including PTSD and potentially lethal opioid addiction.”

Lawmakers also spoke up in support of increased access to cannabis this week.

“A lot of [veterans] have recently been telling me that they don’t want opioids,” Congressman Lou Correa (D-CA) said during the Wednesday hearing. “They don’t want those drugs in their bodies, and they prefer medical cannabis.”

While Veterans Affairs Sec. David Shulkin has consistently maintained that the VA is barred by federal law from recommending medical cannabis or even participating in research on the drug, the department quietly updated its website last month to acknowledge that it “can look at marijuana as an option for treating Veterans.”

Advocates have pointed out that there is no overarching federal law blocking the VA from changing its own internal policies on marijuana.

In her written testimony for this week’s hearing, Iraq and Afghanistan Veterans of America’s Bryant slammed VA for not letting veterans access medical cannabis recommendations from the doctors who know them best. The group also supports the continuance of far-reaching protections that prevent the Justice Department from interfering with the implementation of state medical marijuana laws:

“However, despite strong support from across all geographies, generations and political backgrounds of veterans, progress on this issue with the VA has been slow and incremental–and lags behind the needs of veterans and the changing reality of state-level laws. In late 2017, the Veterans Health Administration issued a policy change which urged patients to discuss medical marijuana use with their doctors. The shift allows doctors and patients to determine what, if any, effect cannabis use might have on treatment plans. This policy change alleviates previous concern that admitting to cannabis use could jeopardize VA benefits, a policy recommendation noted in IAVA’s Policy Agenda. But VA physicians still cannot refer patients to legally sanctioned state medical cannabis programs because of the federal prohibition. Moreover, patients are not allowed to have any cannabis on VA property, even if it is medically prescribed to them and the state they are living in allows it. And VA employees are still barred from using any form of cannabis, including medical cannabis, while roughly one-third of VA employees are veterans and may want access to cannabis as a treatment option.

“Further, in opposition to strong and rising popular opinion across the veterans community, the VA Secretary announced in early 2018 that the VA will not conduct research into whether medical cannabis could help veterans suffering from PTSD and chronic pain. This is despite protest from many in the VSO community who posit medical cannabis could serve as an alternative to opioids and antidepressants…

“IAVA will join select VSO partners in 2018 to amplify the voices of our collective members and urge Congress and the VA to pass and implement common sense legislation and policy sanctioning the use of medical cannabis by veterans. We will push to close the loopholes in VA policy which inhibit the discussion of cannabis usage between veterans and VA clinicians; current VA medical cannabis policy should be updated to allow for VA clinicians to provide recommendations and opinions to patients regarding medical cannabis programs. We urge the VA to conduct research into the use of medical cannabis as a treatment option for chronic pain and mental health injuries. IAVA also calls on Congress to pass legislation to reclassify marijuana as a Schedule III drug from a Schedule I drug. Finally, IAVA calls for support to Senate FY 2018 Commerce/Justice/Science Appropriations (S. 1662/Sect. 538) language that prohibits the Department of Justice from preventing implementation of state cannabis access laws, including for medical purposes.”

Written testimony from VFW’s Harman also detailed the benefits of cannabis and called for more research:

“In the past several years PTSD and TBI have been thrust into the forefront of the medical community and general public in large part due to suicides and overmedication of veterans. Medical cannabis is currently legal in 30 states and the District of Columbia. Many of these states have conducted research for mental health, chronic pain and oncology at the state level. States that have legalized medical cannabis have also seen a 15-35 percent decrease in opioid overdose and abuse. There is currently substantial evidence from a comprehensive study by the National Academy of Sciences and the National Academic Press which concludes cannabinoids are effective for treating chronic pain, chemotherapy-induced nausea and vomiting, sleep disturbances related to obstructive sleep apnea, multiple sclerosis spasticity symptoms, and fibromyalgia –– all of which are prevalent in the veteran population.

“In April 2016, the Drug Enforcement Administration approved a study on the effect of medical marijuana on PTSD, which was intended to be the first federally funded, randomized and controlled research for PTSD in the United States. That study has not gone as planned for multiple reasons, however, such as restrictions placed on possible study participants and unusable marijuana shipments from the only federally-approved grower in the United States.”

The House and Senate have both passed amendments in recent years to allow VA doctors to issue medical cannabis recommendations to veterans in states where it is legal, but the measures have not been enacted into law.

Photo courtesy of Chris Wallis // Side Pocket Images.

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.)

Politics

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.

Florida Democratic Candidates For Governor Fight Over Who Supports Marijuana Reform The Most

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