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Where Presidential Candidate Andrew Yang Stands On Marijuana

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Entrepreneur Andrew Yang entered the race to become the 2020 Democratic presidential nominee way back on November 6, 2017 and suspended his campaign on February 11, 2020.

While marijuana hasn’t played a central role in Yang’s campaign, he supports legalization and has proposed several drug policy reforms since announcing his candidacy. That includes plans to decriminalize opioid possession and provide waivers for military veterans to access medical cannabis.

This piece was last updated on February 11, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race. It will continue to be updated on a rolling basis.

Legislation And Policy Actions

Yang has never before held public office, so he doesn’t have a record of policy accomplishments to review. Instead, in addition to being an entrepreneur, he’s worked in the nonprofit sector and as a philanthropist who has earned accolades for his efforts to create job opportunities for disadvantaged communities.

On The Campaign Trail

Since launching his campaign, Yang has advocated for ending marijuana prohibition, stating that “it’s already legal” in a growing number of states and that “criminalizing it does more harm than good.” He’s also pledged to “pardon those in prison for non-violent marijuana-related offenses.”

In January 2020, the candidate proposed legalizing psilocybin mushrooms for medical purposes for military veterans. He previously said that the federal government should loosen its psychedelics laws to make substances like psilocybin “more freely available” for therapeutic use.

Yang said in a podcast interview that legalizing “certain drugs” could be one tool to combat drug cartel violence.

Another part of his campaign includes a bold proposal to decriminalize possession and use of opioids as a means of mitigating the drug crisis.

“While those who brought this plague on our citizens must face serious consequences, we need to make sure that those who are afflicted by the illness of addiction are treated and not criminalized,” the site states. “The individuals behind pharmaceutical companies who promoted these drugs as non-addictive while knowing better are the ones who belong in jail, not those who fell prey to addiction.”

“It is possible that criminalizing opiates decreases access and use. But for a public health crisis of this magnitude, the criminal justice system seems to be a terrible first resort. It pushes a lot of the activity underground and makes addicts more likely to hide their addiction. Addiction is a disease—you shouldn’t criminalize people that you are trying to help. Especially when it may be partially your fault that they got addicted in the first place.”

In December 2019, the candidate said that the government should invest in safe injection facilities where people can use illicit substances in a medically supervised environment to prevent overdoses and encourage them to seek treatment.

Yang was asked at a presidential debate about how he would fund his proposal to send people who overdose on opioids to mandatory, three-day treatment. He said that pharmaceutical companies should foot the bill.

“As president, we will take back those profits [from drug companies that market opioids] and put them to work right here in New Hampshire so that if you are seeking treatment, you have resources to be able to pursue it,” he said. “This is not a money problem fundamentally, this is a human problem. But money cannot be the obstacle.”

Yang drew attention in April when he said he’d pardon all non-violent drug offenders on the unofficial marijuana holiday 4/20.

“I would legalize marijuana and I would pardon everyone who’s in jail for a non-violent, drug-related offense,” he said. “I would pardon them all on April 20, 2021 and I would high five them on their way out of jail.”

But shortly after making that pronouncement, Yang walked back his proposal, saying that only those convicted of nonviolent marijuana offenses would be eligible under his mass clemency plan.

He also moved the date up for his proposed pardons, stating in a fundraising email in August that he would use his executive powers on his “first day as President” to pardon “every person imprisoned for a low-level, non-violent marijuana offense.”

In February 2020, Yang again talked about his pardon plan, this time with his two young sons playing on a stage during a New Hampshire campaign stop. He again seemed to shift the scope of the plan, however, saying he’d pardon everyone jailed “for a non-violent drug-related offense.”

His campaign website does state that the candidate would institute a policy of identifying non-violent drug offenders “for probation and potential early release.”

In December 2019, Yang contrasted rampant opioid prescriptions with the ongoing criminalization of marijuana.

He also tweeted that “[i]nstead of pardoning billionaires I’d pardon non-violent marijuana and opiate offenders.”

The candidate said that the “criminalization of marijuana is stupid and racist, particularly now that it’s legal in some states.”

“We should proceed with full legalization and pardon of those in jail for non-violent marijuana-related offenses,” he said.

“I’m for the legalization of marijuana, remove it from the controlled substance list in part because our administration of the criminal laws are deeply racist. It’s very obvious to everyone,” Yang said during an appearance on The Breakfast Club in March 2019. “On April 20, 2021, I’m going to pardon everyone who’s in prison for a non-violent drug offense because it makes no sense to have people in jail for stuff that’s legal in some parts of the country.”

He also made that point during an interview on the Joe Rogan Experience in February.

After former Vice President Joe Biden said that marijuana may be a gateway drug and that’s partly why he opposes legalization, Yang predicted that his opponent would “ end up evolving on this issue over time if he sees the same evidence that I have.”

Sen. Cory Booker (D-NJ) attacked Biden over the remark during a presidential debate, joking that the candidate must have been high when he made it. Yang said the joke was “a good moment” for the senator but that it’s “not really my style to even make a joke like that towards Joe.”

The candidate shared photos of himself surrounded by dozens of trimmed marijuana plants at an unnamed facility in November.

“Marijuana should be legal nationwide,” he wrote on Twitter. “It is already legal in several states, it reflects a safer approach to pain relief than opiates, and our administration of drug laws is deeply uneven and racist.”

In October, Yang said that Canada legalized cannabis and that the U.S. “should follow suit and remove it from the federal controlled substance list and then regulate.”

In an interview with The Hill in September, the candidate reiterated that “in addition to decriminalizing marijuana, I would decriminalize opiates for personal use.”

“We need to decriminalize opioids for personal use. We need to let this country know this is not a personal failing, this was a systemic government failing,” Yang said during a Democratic presidential debate in October. “Then we need to open up safe consumption and safe injection sites around the country because they save lives.”

During a CNN town hall event in April, Yang pointed to countries such as Portugal that have decriminalized personal consumption of drugs, arguing that those engaged in drug trafficking should be held accountable in the criminal justice system but that those caught possessing small amounts of illicit substances should be referred to treatment.

However, he said his proposal would apply to opioids and specifically not cocaine because, he said, “the addiction has very different features.”

Yang also cited Portugal as an example of a country whose drug policy supports his proposal to decriminalize opioids in a Quora post in September.

“When you look around the world when they have decriminalized these drugs for personal use, so if you’re a dealer you go to jail but if you’re an addict and we catch you with the drugs, we don’t send you to jail we send you to counseling and treatment and this brings down both overdose rates and abuse rates over time,” he said in an interview with a Boston CBS affiliate.

In August, Yang started selling campaign merchandise that incorporated his passion for math and marijuana reform. For example, his site offers a $30 t-shirt that read, “Math. Money. Marijuana.”

The candidate also launched an online petition calling for marijuana legalization that month.

Yang released a plan that would provide military veterans with waivers so that they can access medical cannabis, even in states where it’s not legal.

“The scientific evidence that certain controlled substances—particularly marijuana—are particularly effective at treating certain ailments common to veterans (e.g., PTSD) and for pain management,” he said.

Asked if he felt any particular substances beside marijuana hold promise in the treatment of such conditions, Yang told Marijuana Moment through a Twitter direct message that MDMA represents one example of a drug that should be considered.

In August 2018, Yang wrote that while he’s for legalization, “many users do find it addictive and we should have intelligent safeguards in place like limiting advertising and THC levels. We should learn from our past.”

During a campaign stop in Portland, Yang signed a bong.

Andrew Yang signed a bong in Portland from YangForPresidentHQ

Previous Quotes And Social Media Posts

It does not appear that Yang discussed marijuana publicly or on social media prior to filing his presidential campaign with the Federal Election Commission in November 2017.

Personal Experience With Marijuana

Asked whether his plan to grant mass pardons to people with nonviolent marijuana convictions on 4/20 signaled that he used cannabis himself, Yang said it simply meant that he knows people who smoke it but that he hasn’t personally indulged.

“I was a pretty geeky Asian dude and, you know, my parents did a pretty good job of keeping me steering clear of certain things,” he told HOT 97 in April 2019. “I have many friends who partake.”

“I have a lot of friends who are using marijuana for medicinal and pain relief purposes,” he said. interview. “It’s much less lethal than let’s say opiates that are killing eight Americans every hour.”

Jokingly asked whether he had a favorite blunt wrap brand, the candidate said he “cannot speak to what my preference would be.”

In a later interview, Yang admitted that he used cannabis in a “past life.”

Marijuana Under A Yang Presidency

Though Yang is best known for his economic plans—namely providing each American with a universal basic income—he’s laid out several bold drug policy reform proposals throughout his campaign. While he hasn’t endorsed any particular piece of marijuana legislation, his support for legalization, and broader plans to eliminate criminal records for those with non-violent cannabis convictions, indicate he would be an ally in the marijuana reform movement if elected president.

Where Presidential Candidate Joe Sestak Stands On Marijuana

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.

Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Psychedelics Group Issues First Round Of Grants For Community-Based Entheogenic Education In DC

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A Washington, D.C.-based psychedelics organization has issued about $50,000 in its first round of grants for various community groups to support efforts to educate and organize people around plant medicine.

The Plant Medicine Coalition (PMC)—founded by the head of the D.C. campaign that got psychedelics decriminalization passed locally in last November’s election—dolled out grants to about a dozen groups as part of its Community Grants Program. Funding for the grants was provided by Dr. Bronner’s, a wellness company that’s been involved in a number of marijuana and psychedelics reform efforts across the country.

This is just one part of PMC’s mission to promote psychedelics reform as the movement continues to spread at the local, state and federal levels.

Arts collectives, mental health organizations and entheogenic education groups are among the new grant recipients.

Melissa Lavasani, PMC co-founder, told Marijuana Moment that the organization is hopeful about the impact of these grants—but it’s also using this opportunity to explore how to most effectively provide funding in the years to come.

“I wanted to do something really impactful that had a quick turnaround,” Lavasani said. “There are a lot of things that our organization is working on right now that are really long term, especially on the federal level.”

“We’re trying to shift a really entrenched culture and government,” she added. “It just takes a lot of grinding—meeting after meeting—and I wanted to do something important with these funds here locally because I do feel like there were a lot of loose ends” after D.C. decriminalized psychedelics.

Overall, the money from PMC will support a diversity of initiatives. There will be workshops on community building within the psychedelics movement, courses on cultivating entheogenic substances, lecture series on scientific developments related to the substances and more.

Here are some quotes from recipients on what they aim to do with the funding: 

The Madison House: “Founded by Master Life Coach H. Alejaibra Badu, The Madison House is a International Spiritual Health & Wellness Movement that stands to heal people from things that bind them mentally and emotionally. Finding freedom from the self-inflicted prison of the mind when it’s over consumed by thought. Freeing yourself from the voice inside your mind that promotes fear, self-doubt, low self-esteem, anxiety, stress, anger, and pain. Freeing yourself from the perceptions of others that leave you in bondage. Freeing your whole self and authentic being. The Madison House belief is that if you are able to be freed from the things that bind you mentally and emotionally, then you can live your life on purpose.”

Delicious Mushroom Growing: “Delicious Mushroom Growing is a project that educates DC residents about how to grow mushrooms from manure and compost substrates – Oyster, Cremini/Portabello/Button/Agaricus, and Shaggy Mane. It’s a way to teach people about how to grow fungi medicine and get themselves on a the path towards healing.”

Plant Medicine Lecture Series: “This lecture series will bring exciting speakers to D.C. to discuss the scientific, medical, and social aspects of psychedelics. The lectures will be offered in public venues, COVID permitting, and webcast as well. The events will also be excellent opportunities to meet other people in D.C. who are interested in psychedelics.”

There are additional recipients who requested not to be publicly listed but are providing “critical education of the community, integration services, as well as providing stewardship of ethical plant medicine community building,” Lavasani said.

Others are involved in “addressing abuse and predatory behaviors in plant medicine circles (a problem that’s become super prevalent lately) to provide a restorative process for healing,” she said.

While based in D.C., PMC is a national organization that hopes to build upon reform efforts that have already been accomplished and bring the issue to Capitol Hill, in part by pushing lawmakers to approve federal funding for research into the therapeutic potential of substances like psilocybin mushrooms and ayahuasca.

The group is also working to ensure the effective implementation of the city-level policy change while supporting other local activists as they push to change laws governing natural or synthetic psychedelics.

Both inside and outside of the nation’s capitol, activists are hard at work pushing for psychedelics reform.

Just last week, for example, lawmakers in a fourth Massachusetts city voted in favor of a resolution urging the decriminalization of certain entheogenic substances and other drugs.

The action comes months after the neighboring Northampton City Council passed a resolution stipulating that no government or police funds should be used to enforce laws criminalizing people for using or possessing entheogenic plants and fungi. Elsewhere in Massachusetts, Somerville and Cambridge have also moved to effectively decriminalize psychedelics.

The local measures also express support for two bills introduced in the Massachusetts state legislature this year. One would remove criminal penalties for possession of all currently illicit drugs and the other would establish a task force to study entheogenic substances with the eventual goal of legalizing and regulating the them.

Separately, Seattle’s City Council approved a resolution earlier this month to decriminalize noncommercial activity around a wide range of psychedelic substances, including the cultivation and sharing of psilocybin mushrooms, ayahuasca, ibogaine and non-peyote-derived mescaline.

In Michigan, the Grand Rapids City Council approved a resolution last month calling for decriminalization of a wide range of psychedelics.

Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month.

After Ann Arbor legislators passed that decriminalization resolution last year, the Washtenaw County prosecutor announced that his office will not be pursuing charges over possessing entheogenic plants and fungi, “regardless of the amount at issue.”

A local proposal to decriminalize various psychedelics will also appear on Detroit’s November ballot.

At the same time that local activists are pursuing decriminalization, a pair of Michigan senators introduced a bill last month to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A bill to legalize psychedelics in California advanced through the Senate and two Assembly committees this year before being pulled by the sponsor to buy more time to generate support among lawmakers. The plan is to take up the reform during next year’s second half of the legislative session, and the senator behind the measure says he’s confident it will pass.

California activists were separately cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.

The top Democrat in the Florida Senate filed a bill last month that would require the state to research the medical benefits of psychedelics such as psilocybin and MDMA.

Earlier this year, Texas enacted a law directing state officials to study psychedelics’ medical value.

The governor of Connecticut signed a bill in June that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics. Activists in the city are also hoping to expand upon the local decriminalization ordinance by creating a community-based model through which people could legally purchase entheogenic substances from local producers.

Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee last month.

NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.

An official with the U.S. Department of Veterans Affairs also said at a recent congressional hearing that the agency is “very closely” following research into the potential therapeutic benefits of psychedelics like MDMA for military veterans.

For what it’s worth, Rep. Earl Blumenauer (D-OR), a longstanding champion of marijuana reform in Congress, said this month that he intends to help bring the psychedelics reform movement to Capitol Hill “this year.”

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

Photo elements courtesy of carlosemmaskype and Apollo.

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Feds Must Legalize Marijuana, Top Nevada Lawmaker Says (Op-Ed)

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“In Nevada, we’ve shown that it is possible to create an equitable and business friendly framework that benefits both cannabis business owners and consumers. With federal action, we can take this work to the next level.”

By Rep. Steve Yeager for Nevada Current

With gridlock at the federal level, states have truly become the laboratories of democracy—often leading on legislative policy when Congress is unable. When it comes to cannabis, these laboratories of democracy operate at breakneck speed, with 18 U.S. states legalizing it for both medical and adult “recreational” use and at least some legal use in 37 states and the District of Columbia. In a nation where even a small amount of the substance could and often did (and sometimes still does) lead to serious legal consequences, more than 100 million Americans now live in states with legalized, adult-use cannabis markets.

Nevada, of course, has been a trailblazer in legalizing cannabis and as a result, has reaped significant economic and social benefits. When the Legislature established the Cannabis Compliance Board in 2019 with a strong bipartisan majority, Nevada solidified its place as the gold standard for a well-regulated cannabis industry.

In 2021, the Legislature once again demonstrated its ability to create a more equitable and inclusive cannabis industry, securing a bipartisan 2/3 vote in each legislative chamber to pass a bill establishing cannabis consumption lounges. The lounges, set to open in 2022, will bring new jobs and enhanced tax revenue that will allow Nevada to invest more in K-12 education. In addition, Nevada’s tens of millions of tourists will finally have a place to legally consume cannabis. It is clear that Las Vegas is quickly becoming a global cannabis destination.

But despite these immense possibilities, state legalization—without change in federal law—still presents serious challenges. For instance, the lack of contemporary cannabis legislation on the federal level has made any form of traditional banking for the industry next to impossible. Cannabis business owners cannot take advantage of favorable tax provisions that help other businesses keep more of the money they make, often leading to additional investment. Even if cannabis is legal in a particular state, carrying that cannabis on to federal property or on to an airplane opens a person to arrest and prosecution by federal authorities.

Furthermore, federal employees or state employees paid through federal funding cannot partake in cannabis, medical or otherwise. Nevadans who live in federally subsidized housing cannot consume in the comfort of their homes, a prohibition that undoubtedly disproportionately impacts vulnerable communities. And business owners in the industry can never feel completely comfortable because the federal government could choose to use its police power to crack down on state level cannabis businesses.

With polls showing that two-thirds of Americans support legalization of cannabis, it is time for the federal government to legalize it. Such action will pave the way for states that have been hesitant to step out on this issue and will eliminate the current conflicts between federal and state law. Federal legalization will enable more in-depth study of cannabis by both state and federal agencies to develop a scientific standard of impairment for driving and will enable the federal government to help states with efforts to curb youth cannabis use.

Nevada has also led the way in pardoning and sealing criminal records for those convicted of low-level cannabis crimes. Those with federal cannabis convictions have no similar remedy, often preventing them from entering the job market at a time when employees have never been in higher demand. Federal cannabis legalization would open the door to cleaning the slate for criminal convictions stemming from conduct the majority of Americans now agree should not have been illegal in the first place. For both moral and economic reasons, erasing records of low level cannabis convictions is simply the right thing to do. For that to happen, cannabis must be legalized on the federal level.

In Nevada, we’ve shown that it is possible to create an equitable and business friendly framework that benefits both cannabis business owners and consumers. With federal action, we can take this work to the next level.

Steve Yeager is a Democratic state assemblyman representing District 9 in Clark County, and speaker pro tempore of the Nevada State Assembly.

This op-ed was first published by Nevada Current.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

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Texas Judge Upholds Delta-8 THC Ban In Initial Ruling, But The Fight Isn’t Over

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A Texas judge has ruled that the state’s ban on hemp products containing more than 0.3 percent delta-8 THC can remain in effect as a legal challenge moves through the process.

The cannabis company Hometown Hero filed a suit against the Texas Department of State Health Services (DSHS) last week, arguing that it improperly revised its hemp policy this month to specifically prohibit products with more than trace amounts of forms of THC other than delta-9, the most commonly known psychoactive compound in cannabis.

In a ruling dated Friday and announced on Monday, the court decided against the plaintiffs’ request to have a temporary restraining order imposed on the state. Subsequently, the hemp business said it will halt sales of certain products as it prepares for a November 5 hearing on a more consequential temporary injunction against the state.

These are just the first steps in yet another legal battle over hemp in the state following the plant’s legalization.

Delta-8 THC has surged in popularity, particularly in states with more restrictive marijuana laws. It produces intoxicating effects similar to delta-9 THC, but it can be synthetically produced by converting CBD derived from hemp. The novelty of delta-8 products has left legal loopholes, which is likely why DSHS moved to broadly prohibit products with more than 0.3 percent of any type of THC.

DSHS appears to have responded to this increased market demand and questions from hemp businesses by updating its policy with the broader interpretation of THC. Here’s what the department’s site now says:

“Texas Health and Safety Code Chapter 443 (HSC 443), established by House Bill 1325 (86th Legislature), allows Consumable Hemp Products in Texas that do not exceed 0.3% Delta-9 tetrahydrocannabinol (THC). All other forms of THC, including Delta-8 in any concentration and Delta-9 exceeding 0.3%, are considered Schedule I controlled substances.”

Hometown Hero had hoped to get a temporary restraining order against DSHS to prevent it from taking action against hemp businesses that sell delta-8 THC, but now it must wait to see what comes out of next month’s follow-up hearing.

“The DSHS stance flips the hemp definition on its head,” an attorney for the plaintiffs said in court on Friday, according to Texas Cannabis Collective.

The department, for its part, says it has not made any policy change and that delta-8 THC has been statutorily classified the same as delta-9 since hemp was legalized in 2019. A spokesperson said it simply “posted the clarification below on our website in response to recent requests from hemp growers who said that there was confusion in the industry about what was allowed in consumable hemp products.”

Activists have criticized DSHS for making hemp policy decisions without affording the public a real chance to participate.

“We expect the Department of State Health Services to always operate with full transparency,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “It has been made abundantly clear that, by posting meeting notices in obscure locations, DSHS denied the public an opportunity to weigh in on proposed changes to the Controlled Substances Act.”

At the federal level, delta-8 THC has also captured the attention of agencies like the Food and Drug Administration (FDA) and Centers for Disease Control and Prevention. Regulators at those departments recently issued warnings about products containing the cannabinoid, saying they’ve seen a significant uptick in reported adverse health effects.

FDA also announced a plan this month to us “novel” data sources like Reddit to gain a better understanding of public health issues surrounding use of delta-8 THC and other cannabinoids such as CBD.

Back in Texas, the hemp industry has become familiarized with the court system as businesses have navigated the new law.

In the same district court where this new delta-8 THC lawsuit has been filed, a judge ruled in August that Texas’s ban on the production and sale of smokable hemp products is unconstitutional.

Judge Lora Livingston ruled in favor of plaintiffs—a group of hemp businesses who sued the DSHS over a ban on the manufacturing and selling of smokable cannabis products it imposed after the crop was legalized.

An appeals court had previously modified a prior injunction and determined that regulators couldn’t enforce a ban on the sales component of the smokable hemp market. But following the August ruling, there’s a permanent injunction that bars the state from prohibiting the full range of hemp activity.

Meanwhile, Texas activists are working to enact local reforms on marijuana.

Advocates in San Marcos, Texas recently launched a campaign to put marijuana decriminalization on the local ballot in 2022.

Just to the north of San Marcos, a separate campaign attempted to put cannabis decriminalization on Austin’s ballot this November, but activists have since shifted their strategy toward putting the measure in front of voters on the May 2022 ballot. They will also target additional cities next November.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A strong majority of Texans back even broader reform, according to recent polling. Sixty percent of voters in the state support making cannabis legal “for any use,” signaling that local initiatives for more modest proposals like decriminalization will likely prevail where they qualify for local ballots.

This year’s legislative session in Texas saw numerous drug policy proposals advance, with bills to expand the state’s medical cannabis program and require a study into the therapeutic potential of certain psychedelics for military veterans having been enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

Top Federal Drug Agency Tells Congress About Marijuana Research Barriers Caused By Restrictive Scheduling

Photo courtesy of Brendan Cleak.

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