At a congressional hearing on Wednesday, federal regulators recognized that valuable research into marijuana is being inhibited cannabis’s current legal status and described previously unreported steps they’re taking to resolve the issue.
The Energy and Commerce Subcommittee on Health held the meeting to discuss six cannabis reform proposals, including two that would federally legalize marijuana. Most of the hearing involved lawmakers pressing witnesses from the Drug Enforcement Administration (DEA), Food and Drug Administration (FDA) and National Institute on Drug Abuse (NIDA) on the obstacles to marijuana studies that those officials claim are needed before pursuing broader policy reform.
Conversation was more limited when it came to legalization bills such as Judiciary Chairman Jerrod Nadler’s (D-NY) Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which was approved by his panel last year. That said, formerly anti-reform Rep. Joe Kennedy III (D-MA) did lead a powerful discussion about the failures of prohibition and the need to deschedule cannabis.
Kennedy announced that panel leadership has agreed to hold a second hearing featuring the voices of people negatively impacted by marijuana prohibition, which he said “has failed.”
Energy and Commerce Committee Chairman Frank Pallone (D-NJ) said in his opening statement that “while state laws and public perception around cannabis and its derivatives have evolved over the years, much of the federal framework that regulates cannabis has stayed the same.”
Today the @EnergyCommerce Health Subcommittee is holding a legislative hearing on cannabis policies for the new decade including proposals to decriminalize marijuana and increase important research on cannabis, hemp and CBD. pic.twitter.com/uL8lkmmXdj
— Rep. Frank Pallone (@FrankPallone) January 15, 2020
Watch the hearing, titled “Cannabis Policy For the New Decade,” below:
After being repeatedly asked about the limited supply of research-grade cannabis and the lack of chemical diversity in those plants cultivated at the nation’s only federally authorized manufacturer, DEA Senior Policy Advisor Matthew Strait said the agency is aware of the issue and is actively developing regulations to address the problem by licensing additional growers.
“We actually have a draft regulation in place,” he said, adding that it’s currently being reviewed by the White House Office of Management and Budget (OMB) and that regulators have a call scheduled for Thursday to discuss the proposed rule.
“We know that we have to probably do notice and comment rulemaking to implement regulations on two matters: one is how we’re going to evaluate all of our pending applications and two what additional types of regulations might need to be in place in order to impose on those that would grow,” he said. “That regulation is in draft form. I can’t talk too much about it, but rest assured, we have submitted to OMB, it’s been drafted and tomorrow some of us will be getting on a call to talk through it.”
DEA, FDA and NIDA witnesses all agreed under questioning that the current supply of cannabis for study purposes is inadequate and that researchers should be able to access a wider range of marijuana products.
Kennedy, who recently became a cosponsor of the MORE Act, followed up on his opening remarks with a brief statement on his personal evolution on the issue and frustration over policies inhibiting research.
“Meanwhile, millions of Americans—mostly black and brown—have been locked up for non-violent drug offenses. Meanwhile, desperate parents are forced to turn to a black market with no concern for patient safety to get their children the relief that they need. Meanwhile our cities and states are trying, and at times stumbling, to put in place thoughtful and thorough regulatory frameworks with zero support from federal partners. And meanwhile, a brand new corporate industry is rising up, rife with predictable economic injustices that spring up whenever government fails to regulate. Prohibition has clearly failed and America isn’t waiting for its government anymore.”
He then asked NIDA Director Nora Volkow and FDA Deputy Director for Regulatory Programs Douglas Throckmorton whether removing cannabis from the Controlled Substances Act (CSA) would make it easier for researchers to obtain and study it. Both said that the policy change would in fact simply research, though Volkow said it “may have unintended negative consequences.”
FDA and NIDA said their agencies would not be impacted if marijuana was descheduled, and DEA’s Strait acknowledged that his agency would because of its responsibility to enforce the CSA.
Subcommittee Chairwoman Anna Eshoo (D-CA) said researchers are “are in a catch-22” under the current regulatory scheme because they “can’t conduct research until they show cannabis has a medical use, but they can’t demonstrate cannabis has a medical use until they can conduct research.”
“It doesn’t make sense—at least to me,” she said.
Rep. Tony Cardenas (D-CA) said that the “United States Congress made a mistake, and every Congress since has not had honest hearings and honest dialogue and has not allowed—truly allowed—the researchers in this great country to do the true research that needs to be done for us to properly categorize cannabis in this country.”
“As a result of that, we have millions of individuals in this country who have been subjected to incarceration and a criminal record that otherwise they would have a much more productive and better life and that as a society, we would be much better off, including the taxpayers, if we were to actually get this right,” he said.
There were several exchanges throughout the hearing—which was requested by four Republican members last month—where lawmakers opposed to comprehensive reform argued that cannabis is a gateway drug and that legalization represents a public health threat.
Rep. Greg Walden (R-OR) brought cookies in plastic baggies and distributed them to members. He then pointed to an image of a THC-infused cookie that looks similar that are available in Oregon.
“Each of you, by the way, has a cookie in front of you. I have a pizza stand opening in an hour out in the hallway,” he quipped. “Now don’t worry, I didn’t get that carried away. You can actually eat these. The question is, how do you know if your child stumbled upon it?”
Americans are consuming more cannabis & policy decisions on this substance have been made in a virtual information vacuum. States that have legalized marijuana, like OR, have done so with far less info than they have on legal substances that are easily abused, such as alcohol.
— Rep. Greg Walden (@repgregwalden) January 15, 2020
The congressman went on to say that descheduling marijuana “is a step too far and is something I cannot support.”
But there were other members who shared anecdotes about the consequences of prohibition, particularly on patients who stand to benefit from medical cannabis.
Rep. Morgan Griffith (R-VA), for example, recalled that in the 1980s, he knew friends who would smuggle cannabis into a hospital for a man suffering from cancer and who wanted to improve his quality of life to spend time with his son. Rep. Debbie Dingell (D-MI) said her late husband, former Rep. John Dingell (D-MI) experienced “great pain” and was told that cannabis might treat it, but he declined in part because of its status as a federally illicit substance.
Several other lawmakers, including Cannabis Caucus Co-Chair Barbara Lee (D-CA), highlighted the hearing and remarked on its significance.
It's past time to end cannabis criminalization and repair the damage the racist and failed War on Drugs has done to communities of color across the country. Thanks @EnergyCommerce for holding today's important hearing to modernize our federal cannabis policies! #MarijuanaJustice https://t.co/9uLRi86obs
— Rep. Barbara Lee (@RepBarbaraLee) January 15, 2020
Today, the @EnergyCommerce Subcommittee on Health is holding its FIRST EVER legislative hearing regarding federal cannabis policies.
— Bobby L. Rush (@RepBobbyRush) January 15, 2020
“Today, my [Energy Commerce] colleagues are holding a hearing on legislation to remove marijuana from the list of Schedule I drugs and allow for more research on the uses, impacts, and health benefits of cannabis,” Rep. Mike Doyle (D-PA) said. “Looking forward to their discussion on these bills!”
Including H.R. 3884, the MORE Act. This bill would decriminalize marijuana, expunge the criminal records of individuals with cannabis-related offenses, and establish a sales tax on marijuana to create a fund helping these individuals to advance their careers and education.
— Mike Doyle (@USRepMikeDoyle) January 15, 2020
Watch below as my @EnergyCommerce committee holds a hearing on legislation to remove marijuana from the list of schedule 1 drugs and allow research on the health benefits of cannabis. https://t.co/1CTgo5RTY2
— Rep. Kurt Schrader (@RepSchrader) January 15, 2020
“After years of working to advance cannabis reform in Congress, this critical hearing is an important milestone where another major congressional committee focused time and attention on our movement,” Rep. Earl Blumenauer (D-OR), who spoke to Marijuana Moment on Tuesday about his expectations for the hearing, said in a press release. “It was important to hear a number of senior members of Congress affirming the change that is taking place at the state level and affirming the contradictions that are created by the federal government being out of step and out of touch.”
With today's @EnergyCommerce hearing, another major cmte has focused time & attention on our movement to bring federal cannabis policy into the 21st century & end the failed war on drugs. This was an encouraging step on our blueprint to legalize cannabis, but we need more action.
— Earl Blumenauer (@repblumenauer) January 15, 2020
Pro-legalization group NORML also submitted written testimony for the hearing, stating that as “evident by the title of this hearing, our federal marijuana policies are stuck in the past.”
“It is time for Congress to amend them in a manner that comports with our current political and cultural reality,” the organization said. “For some 50 years, the cannabis plant has been improperly categorized and criminalized by federal law. It is time to re‐examine and amend this longstanding failed policy.”
Ahead of the hearing, a coalition of cannabis reform groups—including the National Cannabis Industry Association, Cannabis Trade Federation and Minority Cannabis Business Association—sent a letter to subcommittee leadership ahead of the meeting, encouraging members to take action on the various pieces of legislation.
BREAKING: Cannabis industry groups send letter urging descheduling and federal regulation to increase research improve public safety and address harms caused by prohibition.
— National Cannabis Industry Association (@NCIAorg) January 14, 2020
“As organizations that collectively represent thousands of state-legal cannabis businesses around the country, ancillary industries, and our communities, we applaud your decision to hold a hearing on cannabis policy so early in the new legislative session,” the groups wrote. “This is a wonderful opportunity to continue the robust and groundbreaking discussion on this issue that took place in Congress last year and we commend your leadership in carrying it over into 2020.”
“As an industry, we understand that many lawmakers have concerns about the impact of the changing legal status of cannabis. We do not take these concerns lightly. These concerns underscore the need to establish a legal federal cannabis framework, as current federal policies can cause and exacerbate these concerns. We welcome the opportunity to work with lawmakers and regulators to determine the best paths forward as state and federal cannabis policy evolves.”
In their written testimony, DEA, FDA and NIDA representatives generally described the current state of federal marijuana policy, unsurprisingly without advocating for changes to cannabis’s current criminal status. That said, both DEA and NIDA seemed to at least recognize that existing policies are inhibiting research into the plant and signaled that changes are on the horizon.
Volkow wrote that the growing availability of cannabis products, particularly with high concentrations of THC, “raise serious public health concerns.” At the same time, however, “despite the public health urgency, legal and regulatory barriers continue to present challenges to advancing cannabis research.”
“Obtaining or modifying a Schedule I registration [for researchers to study marijuana] involves significant administrative challenges, and researchers report that obtaining a new registration can take more than a year,” she said. “Adding new substances to an existing registration can also be time consuming.”
“It would be useful to clarify aspects of the [Controlled Substances Act] that have been sources of confusion and administrative burden for the research community,” she said.
Additionally, Volkow acknowledged that the current situation, where the government has only authorized one facility to cultivate cannabis for researchers, “limits the diversity of products and formulations available to researchers and slows the development of cannabis-based medications.”
“Although the University of Mississippi supplies cannabis for clinical trials, it does not have the capacity to manufacture a broad array of cannabis-derived formulations for research or to supply these cannabis products for commercial development,” she said.
Strait wrote that his agency remains committed to expanding the number of federally authorized cannabis manufacturers for research purposes, noting that DEA is reviewing the situation but that ” adjustments to DEA’s policies and procedures may be necessary under applicable U.S. law to be consistent with certain treaty functions.”
“In the near future, DEA intends to propose regulations that would govern persons seeking to become registered with DEA to grow marihuana as bulk manufacturers, consistent with applicable law, taking into account recent changes in the Controlled Substances Act,” he said. “At present, a notice of proposed rulemaking is under review by the Office of Management and Budget.”
Volkow raised another issue, which other federal agencies have previously recognized, noting that “researchers supported by NIDA and other federal agencies are unable to access marketed cannabis products through state marijuana dispensaries.”
“There is a significant gap in our understanding of their impact on health,” she said. “The recent outbreaks of e-cigarette or vaping product use associated lung injury (EVALI), which has been linked to informally-sourced THC-containing vape products, underscores the critical importance of facilitating researcher access to different product sources.”
A NIDA staffer told Marijuana Moment in an email last week that “rigorous research is essential for understanding how the changing cannabis landscape will affect public health, for guiding evidence-based policy, and advancing therapeutics.”
“However, there are significant regulatory challenges to conducting research with marijuana and other Schedule I drugs,” the official said. “NIDA [has] been working with the DEA and FDA on ways to ameliorate these challenges, but there is nothing publicly available to share at this time.”
This story has been updated to include details and quotes from the hearing.
Image element courtesy of Tim Evanson.
Congressman Visits Marijuana Dispensary On Behalf Of Bernie Sanders’s Presidential Campaign
A congressman and staffers for Sen. Bernie Sanders’s (I-VT) presidential campaign toured a marijuana dispensary in Las Vegas on Monday and discussed the need for federal cannabis reform.
Rep. Mark Pocan (D-WI), who endorsed Sanders’s bid for the White House last week, shared photos on Twitter from the visit to NuWu Cannabis, a tribal-owned shop that features a consumption lounge and a drive-thru where consumers can buy marijuana products.
After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—@BernieSanders marijuana legalization plan will do just that. pic.twitter.com/XFWmIZKuus
— Mark Pocan (@MarkPocan) January 21, 2020
“After years of an unjust War on Drugs, it’s time we work to ensure all communities can benefit from legalization—[Sanders’s] marijuana legalization plan will do just that,” the congressman tweeted.
While the 2020 Democratic presidential candidate wasn’t scheduled to attend the shop and has since had to drop campaign stops in order to participate in the Senate’s impeachment trial of President Donald Trump, Pocan and Nevada campaign staff were there on his behalf, Tick Segerblom, a Clark County commissioner and former state senator who helped coordinate the event, told Marijuana Moment.
“We showed him around, explained on how it works, explained how it’s organized under state law,” Segerblom said of Pocan. “He said he’d never seen anything like it.”
The congressman also talked with business owners about the importance of social equity within the marijuana industry. He didn’t purchase or sample any cannabis products, however.
Segerblom said that while Sanders wasn’t able to attend this tour, he believes it’s important for the candidate to participate in such events and talk about his reform agenda to distinguish himself in the race.
“There’s a lot of people who will vote on this issue, and since [former Vice President Joe Biden] has come out against legalizing cannabis, I think it’s a very important issue for him to emphasize,” he said.
It’s fitting that Pocan would tour a tribal-owned cannabis business, as he was the chief sponsor of a 2016 bill that would have protected tribes from losing federal funds if they enact a legal marijuana program. Although the congressman represents Wisconsin, which doesn’t even have a comprehensive medical cannabis program let alone full adult-use legalization, he has cosponsored several cannabis reform bills this Congress, including two that would end federal prohibition.
State-legal dispensaries are getting a lot of high-profile attention from politicians lately. For example, former South Bend, Indiana Mayor Pete Buttigieg visited a Las Vegas marijuana shop last year, Rep. Julia Brownley (D-CA) paid a visit to a California dispensary and Sen. Ron Wyden (D-OR) toured a business that makes CBD-infused chocolates.
Photo courtesy of Rep. Mark Pocan.
New Vermont Bill Would Decriminalize Psychedelics And Kratom
Vermont lawmakers filed a bill on Wednesday that would decriminalize three psychedelic substances as well as kratom.
Rep. Brian Cina (P/D) introduced the legislation, which would amend state law to carve out exemptions to the list of controlled substances. Psilocybin, ayahuasca, peyote and kratom would no longer be regulated under the proposal.
Cina told Marijuana Moment in a phone interview that he decided to pursue the policy change based on a “belief that I share with many people around the world that plants are a gift from nature and they’re a part of the web of life that humans are connected to.”
“Plants, especially plant medicines, should be accessible to people,” he said. “Use of plant medicine should be considered a health care issue, not a criminal issue.”
Whether plant medicines are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize healing practices that go back to the very roots of our humanity. https://t.co/hRDWWqa7yb
— Brian Cina (@briancinavt) January 22, 2020
While it remains to be seen whether the legislature will have the appetite to pursue the policy change, the bill’s introduction represents another sign that the psychedelics reform movement has momentum. Activists in about 100 cities across the U.S. are working to decriminalize a wide range of entheogenic substances, but the Vermont proposal is unique in that it’s being handled legislatively at the state level.
Text of the bill states that the four substances are “commonly used for medicinal, spiritual, religious, or entheogenic purposes.”
Larry Norris, cofounder of the national psychedelics reform group Decriminalize Nature, told Marijuana Moment that he’s especially encouraged by the use of the word “entheogenic,” a term that advocates are hoping to bring into the mainstream to more accurately describe the type of substances they want to decriminalize.
“It is exciting to see emerging interest at the state legislative level to support decriminalizing natural plants and fungi that are ‘commonly used for medicinal, spiritual, religious, or entheogenic purposes,'” he said. “The fact that the word entheogenic is making its way into the legislative lexicon speaks volumes for the shift in perspective that is happening nationwide.”
“While we were not involved in the drafting of this legislation, we look forward to offering any support and guidance to Representative Brian Cina in Vermont or any future state legislators aiming to decriminalize entheogenic plants and fungi,” Norris said.
Denver became the first city in the nation to decriminalize psilocybin mushrooms last year, followed by a unanimous City Council vote in Oakland to make a wide range of psychedelics among the city’s lowest law enforcement priorities. And while lawmakers have been comparatively slow to raise the issue in legislatures, activists in Oregon are working to put a therapeutic psilocybin initiative on the state’s 2020 ballot and, separately, a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment. In California, meanwhile, advocates are aiming to put psilocybin legalization before voters in November.
Part of the motivation behind the legislation was “recognizing that the decriminalization of mushrooms seems to be a next step in other places, and thinking that it might have greater success if we can make the point that in the path of decriminalization, the next step after cannabis is psilocybin mushrooms,” Cina said. “It was important for me to make a point about the significance of plants.”
“What it goes back to for me ultimately is that any kind of use of substances should be treated as a health care matter, not a criminal issue,” he said. “Whether those substances are used for treating pain or whether they’re used for seeking pleasure, that is a health care choice, and it’s a waste of society’s resources to criminalize a behavior that goes back to the very roots of our humanity.”
The bill currently has three cosponsors and has been referred to the Judiciary Committee. One of the cosponsors, Rep. Zachariah Ralph (P/D) told Marijuana Moment that he supports “the legalization of psychedelics because prohibition, generally, does not to work, and has continued to be enforced disproportionally against low income and minority communities.”
“Research at Johns Hopkins University and other facilities around the country on the medicinal use of psilocybin mushrooms are showing some promising results as a long term treatment of depression, addiction and anxiety,” he said. “This is especially important today as we deal with increased rates of suicides and drug overdoses across the nation and especially in Vermont.”
The bill’s introduction also comes as Vermont lawmakers express optimism about the prospects of expanding the state’s cannabis law to allow commercial sales.
While Gov. Phil Scott (R) has previously voiced opposition to allowing retail marijuana products to be sold, citing concerns about impaired driving, he recently indicated that he may be open to taxing and regulating the market. And according to top lawmakers in the state, the legislature is positioned to advance a cannabis commerce bill this session, with most members in favor of the reform move.
Vermont made history in 2018 by becoming the first state to pass marijuana legalization through the legislature, albeit with a noncommercial grow-and-give model. Now the question is whether lawmakers there will again make history by taking up psychedelics reform and decriminalizing these substances at the state level for the first time.
“We’ve decriminalized and then legalized and now might be regulating and taxing marijuana, which is a plant medicine,” Cina said. “But there are these other plant medicines that have been left behind.”
A Republican lawmaker in Iowa filed a bill to legalize certain psychedelics for medical purposes last year, but it did not advance.
Photo courtesy of Wikimedia/Mushroom Observer.
Mexican Lawmakers Plan To Pass Amended Marijuana Legalization Bill Before End Of April
An amended bill to legalize and regulate marijuana sales in Mexico is being circulated among lawmakers, setting the stage for a renewed reform push as the legislature goes back into session next month.
The new proposal, which was jointly submitted by the Justice and Health Committees, would allow adults to possess up to 28 grams of cannabis for personal use and cultivate up to six plants. Individuals could apply for a license to possess more than 28 grams but no more than 200 grams.
While Sen. Ricardo Monreal Ávila of the ruling MORENA party said the measure is not final, it’s a next step in the process. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, legal advisor to the president, next week to discuss cannabis reform legislation.
Under the proposed bill, those who possess an amount of marijuana between 28 and 200 grams would be charged a fine amounting to roughly $560, while stricter penalties would be imposed for possession of more than 200 grams.
The Mexican Cannabis Institute, a new regulatory body, would be responsible for issuing business licenses and developing rules for the market. The bill also contains provisions aimed at promoting social equity, such as prioritizing cultivation licenses for individuals from communities most impacted by the drug war.
The institute would also be able to issue grants for research into the cultivation of cannabis for commercial use, according to Milenio.
The introduction of this revised legislation comes more than a year after the nation’s Supreme Court deemed federal laws prohibiting personal marijuana possession and cultivation unconstitutional—a ruling that was followed by a legislative mandate to end the policy. In the months since, lawmakers have worked to develop a regulatory scheme to legalize the plant for adult use.
But while there was progress—with the Senate holding numerous public educational meetings, including one that featured a former White House drug czar—the legislature was unable to reach a compromise on a passable bill before the court’s October 2019 deadline, prompting leading lawmakers to request an extension.
The Supreme Court agreed to extend the deadline for a policy change to April 30.
The new bill going before the Congress is largely similar to the one that Senate committees unveiled just before the earlier deadline, but there have been some minor changes. For example, it amends the business licensing scheme. There will be five types of licenses that the institute can issue: cultivation, transformation, marketing, exports/imports and research.
Monreal stressed that “there is nothing ensured yet” in terms of the prospects for the new draft legislation being passed as written.
— Senadores Morena (@MorenaSenadores) January 21, 2020
“There are those who are not in favor even of the legislation in this matter, so all that we have to pick it up and translate it into the will expressed on the opinion,” he said, adding that the legislature still hopes to pass legalization before the April deadline.
Read the full draft Mexican marijuana legalization bill below: