The DEA is moving to ban two invaluable psychedelic research chemicals, DOI and DOC. Students and researchers with Students for Sensible Drug Policy are fighting back.
Our rescheduling comment submitted on Regulations.gov last week argues that marijuana's Schedule I status harms small businesses and their workers, and that despite legalization and descheduling being our desired policy, rescheduling is the advisable step in this specific administrative process.
Delaware's governor signs a bill letting medical marijuana dispensaries jump-start the adult-use market, New Hampshire's governor signs a bill adding anxiety disorder to the state's list of qualifying medical marijuana conditions, and more.
A new Kentucky law regulating kratom is in limbo for lack of funding, a new Pennsylvania bill would impose restrictions on medical marijuana users working in safety-sensitive positions, and more.
The House Rules Committee has again blocked marijuana reform amendments to a must-pass spending bill, public comments on marijuana rescheduling suggest strong support for scheduling it, and more.
Drug cartel clashes in southern Mexico are creating a refugee flow into Guatemala, an Oregon initiative that would require marijuana businesses to have "labor peace" agreements is poised to make the ballot, and more.
The ACLU of Missouri is suing over state officials punishing a probationer for using medical marijuana; Glasgow, Scotland, is seeking to open a drug checking site, and more.
A Senate committee advances a spending bill with medical marijuana protections included, New Zealand's new conservative government files a roadside drug testing bill, and more.
The DEA is moving to ban two invaluable psychedelic research chemicals, DOI and DOC. Students and researchers with Students for Sensible Drug Policy are fighting back.
When the Drug Enforcement Administration (DEA) moved in April 2022 to move two psychedelic research chemicals that have been used safely for decades onto Schedule I of the Controlled Substances Act (CSA), it encountered immediate pushback from the research and drug reform communities. Opponents of the move argued that it would effectively block research with the chemicals, that the chemicals were not widely abused, and that they were key to valuable areas of research on the brain.
Leading the charge was the Science Policy Committee of Students for Sensible Drug Policy (SSDP), which demanded a hearing on the proposed move. After months of negotiations with the DEA, the agency announced in August 2022 that it was withdrawing the proposal. But that apparent victory was only temporary. Perhaps hoping no one would notice amidst the holiday cheer, just two days before last Christmas, the DEA again proposed scheduling the two chemicals. And now, SSDP has rejoined the fray.
The two compounds in question are 2,5-Dimethoxy-4-iodoamphetamine (DOI) and 2,5-Dimethoxy-4-chloroamphetamine (DOC), essential pre-clinical psychiatry and neurobiology research chemicals. Their unscheduled status has made them key tools for researchers studying serotonin receptors. DOI in particular has been a cornerstone in neuroscience research due to its high selectivity for the 5-HT2A serotonin receptor, a critical component in understanding and potentially enhancing the therapeutic effects of psychedelics. DOI's use in the lab ushered in a new era of psychiatric drug discovery since it was used to map the localization of an important serotonin receptor in the brain critical in learning, memory, and psychiatric disease. Over 80 percent of the antidepressant drugs on the market affect the serotonin system.
DOI has been cited in more than 900 research articles in the past two decades, contributing significantly to the understanding of complex neural mechanisms and offering potential pathways for breakthrough treatments. Recent studies utilizing DOI have shown encouraging results in managing pain and reducing opioid cravings, offering a beacon of hope in the ongoing opioid crisis.
Less than two weeks after the DEA renewed its quest to schedule DOC and DOI, SSDP struck back, filing a request for a hearing challenging this move on behalf of more than 20 graduate students, post-docs, staff scientists, and professors who have been actively involved in research using DOC and DOI. SSDP again cited the lack of substantive evidence and the negative impact on research. At the same time, Robert Rush, a Denver-based attorney representing three independent researchers, also filed a petition to challenge the scheduling. SSDP is now working hand-in-hand with Rush, who is spearheading the legal strategy for the case.
Last week, SSDP took another step in the process, filing a prehearing statement in the DEA Administrative Court yesterday that challenges the DEA's attempt to add the research chemicals to Schedule I of the Controlled Substances Act, which defines Schedule I drugs as those with a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.
"DOI and DOC are important research chemicals with basically no evidence of abuse. We are excited to fight on behalf of SSDP scientists so that they can continue the critical work they are doing with these substances," said Brett Phelps, Esq, an SSDP alum and legal counsel for the youth-driven drug policy nonprofit.
"DOI has been the most widely used compound to study the role of the serotonin 2 receptor of the last several decades. The serotonin 2 receptor is widely accepted as the primary target of psychedelic drugs -- which have seen incredible press coverage as possible treatments for depression -- but is also critically involved in learning, memory, and mood. The DEA's proposed rulemaking to place DOI in Schedule I of the Controlled Substance Act defies scientific study and will make it more difficult for researchers to work on the serotonin 2 receptor," said Elijah Ullman, a PhD Candidate in Molecular and Systems Pharmacology at Emory University who serves as the chair of SSDP's Science Policy Committee.
"There is a plethora of evidence demonstrating that DOI does not have significant potential for abuse yet the DEA continues on an anti-scientific tirade of ignoring facts," says Ullman.
"The DEA's attempt to classify DOI, a compound of great significance to both psychedelic and fundamental serotonin research, as a Schedule I substance exemplifies an administrative agency overstepping its bounds," said Rush. "The government admits DOI is not being diverted for use outside of scientific research yet insists on placing this substance in such a restricted class that it will disrupt virtually all current research. In light of recent Supreme Court decisions, we look forward to aggressively fighting to stop this injustice."
Given recent Supreme Court decisions questioning the extent of administrative power of federal agencies, the effort to block DOC and DOI from being added to the CSA could set important precedents.
"DOI and DOC could lead to significant breakthroughs in treating some of today's most challenging health issues, but this is not just about keeping two chemical compounds available for research; it's about preserving the integrity of scientific inquiry, advancing medical treatment, and ultimately, impacting lives positively," said SSDP Executive Director Kat Murti. "The DEA's current path is a disservice to science, health, and the principles of justice and compassion. Let's stand together to advocate for sensible drug policy and ensure that potential treatments can reach those in need without undue government interference."
Will the DEA be forced to back off once again? Stay tuned.
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Following is the comment we submitted on the DEA's proposed rule to reclassify marijuana (cannabis) to Schedule III in the Controlled Substances Act. It is a little different from what some of our colleagues called for, as reporting in this issue of Drug War Chronicle shows. We would welcome any thoughts you have to share, whether you agree with our take or not.
The comment can also be viewed at https://stopthedrugwar.org/cannabis,
which also presents our research on armed robberies of state-legal cannabis stores, our advocacy to pass SAFER Banking legislation in Congress, and our cannabis-related work in global drug policy.
(THIS COMMENT DISCUSSES WHY WE SEE THE CURRENT CLASSIFICATION OF MARIJUANA AS HARMING SMALL BUSINESSES AND WORKERS, AND WHY WE SUPPORT RESCHEDULING IN THIS PROCESS DESPITE LEGALIZATION BEING OUR GOAL.)
StoptheDrugWar.org is a primarily US-based organization that advocates on domestic drug policies and in the international sphere. We promote health and justice by seeking to end drug prohibition and its excesses, while positively impacting related issues. Our organization has supported efforts to end criminal prohibition of marijuana, or cannabis, since our 1993 founding.
In principle this means we support removing cannabis from the Controlled Substance Act (CSA) schedules, as a part of some form of legalization. We consider ending the ills of criminalization (which requires some form of legalization, hence descheduling) to be a foremost concern.
We recognize, however, that Schedule III is what is on the table, and that descheduling done in the absence of accompanying Congressional action would be highly likely to get blocked in the courts. If rescheduling has not been done first, that would mean that no improvement to the status of cannabis under federal law would take place, a tragic lost opportunity.
We therefore believe that reclassifying cannabis to Schedule III, as FDA has recommended, is the correct and advisable course of action for the executive branch at this time, absent accompanying congressional action. Following the achievement of Schedule III, if Congress continues to fail to act on larger cannabis policy reform, and should a future administration determine it does have authority under law to deschedule cannabis, it would at that time become appropriate to attempt descheduling administratively and see what the courts say.
We hold this view additionally due to a concern that disregarding FDA's recommendation, within an administrative process that is supposed to prioritize science while respecting international treaty obligations, would harm the agency's standing on issues relating to controlled substances – and perhaps the standing generally of science in policy, at a time when FDA and other health agencies are under attack. It would do this during a time in which FDA and other health agencies are more open than ever before to considering the benefits of cannabis, and in which even DEA is willing to acknowledge the medical value of cannabis for the first time in decades.
The impact of such a move, politically and on the administrative processes, could in turn risk complicating or even jeopardizing efforts to open up medical pathways for other substances that have been targets of the drug war, such as the current efforts on some psychedelics. Lastly, if this process were to ultimately fail, it could disincentive future administrations as well as federal and state legislators from engaging with cannabis policy reform. Should it fail due to what is perceived rightly or wrongly as an overreach, the disincentives would affect big-picture objectives like decriminalization or legalization most of all.
Reclassifying cannabis to CSA Schedule III, while falling short of our most key objectives in important ways, represents an important step forward on its own – more than is always recognized or acknowledged – and an important achievement of the Biden-Harris Administration.
THE CURRENT STATUS OF CANNABIS
HARMS SMALL BUSINESSES AND THEIR WORKERS
There are a variety of reasons why reclassification of cannabis, to Schedule III or better, is important. But the one on which we are most prepared to provide unique comment is one whose importance has been minimized the most often in the debate. This is the fact that Schedule III or better would mean that state-legal cannabusinesses would no longer be subject to "280E," a Controlled Substances Act provision requiring federally illegal commerce in Schedule I or II substances be taxed based on most of a business's revenue, rather than net profits.
The prospect of ending 280E, while broadly recognized as having some importance, has sometimes been described merely as a tax benefit for businesses, or a reform that only helps business. In reality, the 280E situation is a debilitating one, in which businesses pay effective tax rates that often reach upwards of 70%.[1]
The resulting industry financial woes are existential, with most cannabusinesses unprofitable and layoffs in the sector now widespread and commonplace.[2][3] 280E is also one of two or three factors commonly cited as leaving a substantial portion of business in the illicit underground market, by making state-legal businesses unable to compete effectively for the customers. The more customers remain in or turn to the illicit market, and the more small businesses have to close their doors, the more the regulatory system and its future are jeopardized.
We believe 280E has a deleterious impact on worker safety, and on general public safety surrounding cannabusinesses. We came to this conclusion while researching armed robberies of state-legal cannabis stores. Our December 2022 study on this topic examined a surge of such robberies in Washington State that began in November 2021 and lasted 4 ½ months. This surge saw nearly 100 reported robberies affect approximately 80 stores, and cost three lives.[4]
While doing this research, we noticed that armed robberies of cannabis stores are far more common in western states, which is also the part of the country where the cannabis sector is in the worst financial circumstances.[5] The obvious implication, which was borne out in turn through conversations with retail operators, is that stores in the west lack the financial resources needed to make effective security arrangements, or to do so consistently.
More than anything else, it is the 280E tax which drives those circumstances. So long as 280E applies to cannabusinesses, there will not be a good prospect for cannabusinesses to be able to consistently protect their employees from victimization, in the parts of the country where the industry's financial standing is at its worst.
Long-term unprofitability harms small businesses and their employees in more ways. For example, research finds when businesses are unprofitable, one of the first budget items they cut back on is investing in employees.[6] A worker at an unprofitable cannabis store may be less likely, as a result of the 280E tax, to be sent to trade events or to spend paid time in training.
Layoff situations also reduce the opportunities work provides to workers, and the average value workers are able to provide to their employers, by costing the business the work of experienced employees with institutional memory, who might not return when jobs are on offer again.[7] Another cost to workers specifically is that a portion of a business's lost or denied income tends to come out of what gets spent on worker pay.[8]
A small business that is struggling to survive an unprofitability situation may be less capable, despite the good intentions we hope they have, to fully come through on all regulatory requirements and suggested best practices. Regulators need their business partners to be on a firm financial footing, to be able to best accomplish the public's goals.
RESEARCH SHOULD BE FACILITATED, NOT STIFLED,
AS MORE ADULTS USE CANNABIS
In less detail, we note that the requirements of Schedule I are frequently cited as a barrier to research. This is an issue, not so much perhaps for large-scale research that could qualify cannabis for FDA approval, as it is for the smaller-scale studies that could provide useful information related to cannabis and health.
As more people use cannabis, more knowledge rather than less would help to more precisely understand its benefits and its potential risks or harms, and to identify whether there is information of importance to subgroups of the population. Rescheduling, possibly together with related smaller steps, will facilitate having more such research take place.
Thank you for considering the views of the public in this process.
submitted by David Borden, Executive Director, StoptheDrugWar.org, Washington, DC
[1] https://crsreports.congress.gov/product/pdf/LSB/LSB11105
[2] https://www.dropbox.com/scl/fi/myelzz1h0a1epabnc661y/Whitney-Economics-Business-Conditions-Survey-Report-2023.pdf?rlkey=7wkxb36svu4x6ozk015m3rjzn&inf_contact_key=1e683304d0747e2760ed9daa1eaba030&dl=0
[3] https://mjbizdaily.com/non-revenue-generating-cannabis-jobs-in-jeopardy
[4] https://stopthedrugwar.org/files/delays.pdf
[5] https://www.newsweek.com/us-marijuana-industry-all-time-high-jobs-sales-1891143
[6] https://www.trainingjournal.com/2021/business-and-industry/ld-leadership-challenge-decreasing-budgets-and-increasing-expectations/
[7] https://www.hks.harvard.edu/centers/mrcbg/programs/growthpolicy/hidden-costs-layoffs
[8] https://www.nber.org/system/files/working_papers/w20753/w20753.pdf
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Delaware's governor signs a bill letting medical marijuana dispensaries jump-start the adult-use market, New Hampshire's governor signs a bill adding anxiety disorder to the state's list of qualifying medical marijuana conditions, and more.
Marijuana PolicyDelaware Governor Signs Marijuana Early Sales Bill. Gov. John Carney (D) on Wednesday signed into law a bill that will allow existing medical marijuana dispensaries to begin selling early to the adult-use market, House Bill 408. That bill will allow dispensaries to seek "conversion" licenses upon payment of a steep fee that is allocated to supporting social equity licensing applicants.
The bill is being lauded for helping to get the state's adult-use market up and running faster, but critics charge it gives an advantage to already-existing marijuana operations.
Sponsored by Rep. Ed Osienski (D), the bill is expected to generate up to $4 million for social equity applicants. Allowing earlier adult-use sales will also undercut unlicensed businesses selling marijuana, a phenomenon Osienski said underscored the "urgency" of getting the bill passed.
Medical Marijuana
New Hampshire Governor Signs Bill Adding Anxiety Disorder to List of Qualifying Conditions, but Vetoes Bill to Allow Medical Marijuana Greenhouse Grows. As part of a package of legislation signed into law last week, Gov. Chris Sununu (R) approved a bill adding generalized anxiety disorder to the list of qualifying conditions for medical marijuana in the state, House Bill 1349.
The bill will go into effect on September 10 and will allow people with a generalized anxiety disorder to be certified by a medical professional, apply for a medical marijuana registry card, and buy medical marijuana from one of the state's nonprofit dispensaries, or "alternative treatment centers." Supporters said the addition will help people with PTSD.
Sununu, however, vetoed a bill that would have licensed medical marijuana growers to build greenhouses for their crops, House Bill 1581. The greenhouses would have had to be approved by the Department of Health and Human Services.
Proponents argued that greenhouses would make for more efficient marijuana production, lowering costs to patients. But in his veto message, Sununu said the bill lacked enough safeguards detailing how the greenhouses would be secured.
"The legislation provides scant detail regarding safety, security, and location requirements," the governor wrote. "Those details are necessary to ensure appropriate controls on a regulated substance."
Oklahoma Appeals Court Rules Women with Medical Marijuana Cards Cannot Be Prosecuted for Child Neglect for Use During Pregnancy. The state Court of Criminal Appeals ruled Thursday that women holding medical marijuana cards cannot be prosecuted for child neglect for using marijuana during their pregnancies.
The ruling came in the case of Amanda Aguilar, who was charged with felony child neglect in Kay County in 2020 after her son tested positive for marijuana at birth. Although Aguilar had a medical marijuana card and used medical marijuana to treat severe morning sickness during her pregnancy, and gave birth to a healthy son, the hospital reported her to child welfare workers, who gave the baby's drug test results to police.
Aguilar then became one of a growing number of women in the state facing child neglect charges for using medical marijuana. Most are too poor to hire attorneys or fight the charges, and accept plea bargains in exchange for probation.
"There's so many moms that are going to take these charges just because they're terrified," Aguilar said.
Kay County District Attorney Brian Hermanson has prosecuted dozens of women in his district for child neglect after they used drugs during pregnancy, many for using medical marijuana. Local judges have dismissed some of the cases, but this court ruling provides clearer guidance.
The court seems to have only grudgingly ruled in Aguilar's favor and even suggested that the legislature rewrite state laws to allow for the prosecution of pregnant women using medical marijuana.
"For us to find that Aguilar's marijuana use, fully authorized by her medical marijuana card, became illegal due to her pregnancy, would require us to rewrite the statutes in a way we simply do not think is appropriate for courts to do," Presiding Judge Scott Rowland wrote in the court's majority opinion.
Two judges dissented, arguing that Aguilar's unborn son did not have his own medical marijuana card and that the voters did not intend for fetuses to be exposed to the drug.
Drug Policy
White House Honors Interdiction Agents and Agencies. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) on Thursday held an event to recognize "law enforcement officials and agencies at the annual United States Interdiction Coordinator (USIC) Awards for their exemplary work to disrupt illicit drug trafficking and dismantle the criminal networks fueling the nation’s overdose epidemic." Those recognized were cited for their efforts to reduce the flow of drugs like fentanyl into the country.
"Since Day One, President Biden has taken historic action and made historic investments to support law enforcement and drug-related crime prevention as part of his whole-of-society effort to address the overdose epidemic," said Dr. Rahul Gupta, head of ONDCP. "I'm proud to honor the heroic efforts of these law enforcement leaders today who are working tirelessly around the clock to prevent deadly drugs from reaching our communities and hurting vulnerable Americans. The Biden-Harris Administration is grateful for their steadfast partnership and will continue to support life-saving law enforcement efforts to reduce overdoses, deprive drug traffickers of their profits, and keep Americans safe."
The Administration recently announced over $276 million in new funding for law enforcement agencies across the country that seize illicit drugs like fentanyl, prevent and reduce gun violence and other violent crimes associated with drug trafficking, improve interdiction efforts through enhanced data sharing and targeting, and dismantle illicit finance operations. Additionally, President Biden has called for $44.5 billion in his FY 2025 Budget to counter illicit drug trafficking and make our communities safer.
Alternatively, the administration could support efforts to legalize drugs and create a safe drug supply, but we're not holding our breath.
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A new Kentucky law regulating kratom is in limbo for lack of funding, a new Pennsylvania bill would impose restrictions on medical marijuana users working in safety-sensitive positions, and more.
Kratom. It is banned in six states, regulated in others. A Kentucky law to regulate is on hold for lack of funding. (Project CBD)
Marijuana Policy
Ohio Issues First Adult-Use Marijuana Business Licenses. The state's Division of Cannabis Control has issued the first round of licenses for adult-use marijuana businesses, handing them out to six marijuana processors and four growers. They can now begin legally supplying the state's adult-use market.
They will join a marketplace now dominated by existing medical marijuana dispensaries, more than a hundred of which were granted provisional adult-use market licenses last week.
Voters approved adult-use marijuana legalization with 57 percent of the vote last November and gave regulators a deadline of September 7 to fully implement the program and begin awarding licenses. They have now done so.
The Division of Cannabis Control issued Level I cultivator licenses to Pure Ohio Wellness, Green Thumb Industries, and Klutch Cannabis. A Level II cultivation license was given to Farkas Farms, while processor licenses were issued to Green Thumb Industries, Klutch Cannabis, Riviera Creek, One Orijin, and FN Group.
Medical Marijuana
Pennsylvania Bill Would Let Employers Take Action Against Medical Marijuana-Using Workers in Safety-Sensitive Positions. State Sen. Patrick Stefano (R) last week filed a bill that would allow employers to restrict workers with medical marijuana cards from working in safety-sensitive positions, Senate Bill 1290.
Under the bill, workers in safety-sensitive positions whose duties include working at heights or in confined spaces would no longer be allowed to do that work if they are found to be under the influence of marijuana, even if they have a medical marijuana card. Similarly, employers would be able to bar medical marijuana patients from doing any task the employer believes could be life-threatening. Such moves would not be considered adverse employment decisions under state law, even if they result in financial harm to the worker.
The bill would also allow employers to require that workers or job applicants disclose and produce a medical marijuana card if they have one. Under current state law, medical marijuana patient status is protected confidential information. It would also allow employers to require workers or job applicants to submit to a drug test for marijuana while working in or applying for safety-sensitive positions.
The bill is now before the Senate Law and Justice Committee.
Kratom
Kentucky Kratom Regulation Law in Limbo for Lack of Funding. The legislature passed and Gov. Andy Beshear (D) signed House Bill 159, which aims to regulate the herbal drug kratom. But there is a problem: There is no money to implement it.
The bill from Rep. Kim Moser (R) bans the sale of kratom, which is often offered at convenience stores and gas stations, to people under age 21. It also sets guidelines for manufacturing and labeling the product.
The kratom law was supposed to take effect on July 15, but it was included in a list of 22 bills mentioned in an April letter from Gov. Beshear, who said there was no funding to implement them.
The federal Drug Enforcement Administration (DEA) moved in 2016 to place kratom on Schedule I of the Controlled Substances Act but retreated in the face of a loud clamor against the move. It currently considers kratom a "drug of concern." Six states have banned it -- Alabama, Arkansas, Indiana, Tennessee, Vermont, and Wisconsin -- as have a handful of localities. Other states, like Kentucky, have moved to regulate it.
International
Russian Court Sentences US Citizen to 13 Years on Drug Charges. Yet another US citizen is now serving time for a drug offense in Russia. Women's basketball star Britney Griner famously spent nearly ten months in a Russian prison over a medical marijuana vape before winning her freedom in a prisoner swap that freed Russian arms dealer Victor Bout. And Pennsylvania resident Marc Fogel has been jailed for more than a year after being busted for a small amount of medical marijuana.
Now, US citizen and Russian resident Travis Leake has been sentenced to 13 years in prison on drug charges in Moscow's Khamovnitchesky Court. Leake, a rock musician who is a fixture of the Moscow music scene, was arrested in June 2023 on suspicion of selling the synthetic stimulant mephedrone, and was found guilty last week.
Leake is a former paratrooper with the US military and performed in several Moscow rock bands, including Lovi Noch, a group he fronted. Authorities accused him of organizing a drug trafficking business "involving young people."
After he was arrested last year, a video circulated showing him saying that he was not admitting any guilt and he did not know what he was being charged with.
His mother, Glenda Garcia, said she was worried about his situation. "Of course, I am worried. Of course, I am concerned," Garcia said. "He's in prison in a foreign country, that is a concern."
Leake was sentenced the same week as Wall Street Journal correspondent Evan Gershkovich, who was handed a 16-year sentence for what he and the US government say are bogus espionage charges. The State Department has demanded the release of Gershkovich but has had nothing to say about Leake.
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The House Rules Committee has again blocked marijuana reform amendments to a must-pass spending bill, public comments on marijuana rescheduling suggest strong support for scheduling it, and more.
All eyes are on the DEA as it now heads toward issuing a "final rule" on marijuana rescheduling.
Marijuana Policy
House Rules Committee Again Blocks Amendments to Prevent Marijuana Testing of Federal Job Applicants. On Monday, the GOP-led House Rules Committee voted to block a pair of marijuana amendments from floor consideration, this time blocking proposals within the omnibus spending bill for the Department of Interior and related agencies. The amendments would have blocked the agencies from using federal funds to test federal job applicants for marijuana.
The amendments came from Rep. Robert Garcia (D-CA), who has filed numerous marijuana-related proposals within funding bills this year. The Rules Committee has blocked them all from advancing to the House floor.
Last month, the Rules Committee rejected multiple marijuana-related amendments to spending bills, including three from Garcia. However, the committee did allow amendments to the Veterans Affairs spending bill that would allow VA doctors to recommend medical marijuana to veterans and to support psychedelic research and access. That spending bill has now passed the House.
Marijuana Rescheduling Enters Next Phase as Comment Period Closes. The period for public comment on the proposed rescheduling of marijuana has ended, and the Drug Enforcement Administration (DEA) moves on to the next phase of the process, evaluating the tens of thousands of comments received. DEA will also identify any issues of legality or fact raised during the process and could issue public responses to some comments.
More than 40,000 people and organizations submitted comments in the 60 days allotted.
How fast the process moves now depends on several factors, including whether the administration decides to hold an administrative hearing on the proposal, which a number of marijuana reform opponents have already demanded. Once DEA publishes a "final rule," the next major step in the process, opponents will then have 30 days to file a lawsuit, potentially delaying any change even further.
Once the DEA decides to publish a "final rule," the next major milestone in the process, a 30-day period for opponents to file a lawsuit will be triggered, potentially delaying progress even further.
Majority of Public Comments on Marijuana Rescheduling Supported Completely Descheduling It. Two analyses of the more than 40,000 public comments submitted in response to the Biden administration's proposed rescheduling of marijuana to Schedule III of the Controlled Substances Act (CSA) found that a solid majority of them went beyond the DEA proposal and called for completely descheduling marijuana by removing it from the CSA.
A report from the industry analytics firm Headset found that 57 percent of comments supported complete descheduling of marijuana, while 35 percent agreed with the Biden administration's proposed rescheduling to Schedule III. Only 8 percent of commenters thought marijuana should remain at Schedule I.
"These numbers paint a clear picture: over 9 out of 10 individuals who took the time to comment believe that cannabis should not remain a Schedule I substance," Headset said in a comment on the results. "Moreover, the majority of commenters went beyond the proposed rescheduling to Schedule III, arguing for complete removal from the controlled substances list."
Headset also noted that the number of public comments "has shattered previous DEA records, surpassing even the highly contentious 2020 telemedicine rules that garnered approximately 38,000 comments." The rescheduling proposal drew nearly 43,000 comments.
Separately, an analysis from the Drug Policy Alliance (DPA) found that 69 percent of comments "support federally decriminalizing marijuana or descheduling it."
Specifically, 69.3 percent of comments "support descheduling, decriminalizing, or legalizing marijuana at the federal level," DPA said.
DPA also found that 42.4 percent mentioned the need for federal marijuana reform "to advance racial justice or social equity." The comments represent a demand from the American people that "the Biden Administration do more to deliver on the marijuana reforms that communities deserve -- and that President Biden and Vice President Harris themselves have promised on numerous occasions," said Cat Packer, DPA director of regulatory affairs.
"Our analysis of public comment data shows that not only do over two-thirds of Americans who participated in the public comment process demand more than just rescheduling, but 42% recognize that ending federal criminalization is key to achieving racial justice and social equity," Packer said. "This is something that the Biden Administration has repeatedly identified as a priority in their marijuana reform efforts."
International
Thai Government Backtracks on Recriminalizing Marijuana. The Thai government appears to be backing away from a vow to prohibit recreational marijuana use after it started causing fissures in the administration. Interior Minister Anutin Charmvirakul, head of the Bhumjaithai Party, told reporters Monday that Prime Minister Srettha Thavisin has agreed to discuss plans for a bill to regulate the sale and use of marijuana rather than banning it.
"I would like to thank the prime minister for considering this issue and deciding to enact an act," said Anutin. His party was a main backer of decriminalization in 2022.
Anutin said his party will submit a draft bill and that other political parties may also do so. Prime Minister Srettha was elected on a campaign promise to roll back the marijuana reforms and his administration moved this month to reclassify marijuana as a narcotic. The Narcotics Control Board was set to meet on Monday on the matter, but that meeting was delayed after Anutin and Srettha met to discuss the issue.
Srettha's grip on his coalition government is weak, however, and Anutin and his party made marijuana decriminalization a centerpiece of their platform. Tensions in the government look like they are going to block marijuana recriminalization.
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Drug cartel clashes in southern Mexico are creating a refugee flow into Guatemala, an Oregon initiative that would require pot businesses to have "labor peace" agreements is poised to make the ballot, and more.
Ismael "El Mayo" Zambada, head of the Sinaloa Cartel. He is now in US custody, but his arrest is unlikely to dent the flow of dope north. (State Department)
Marijuana Policy
Minnesota Marijuana Regulators Open Applications for First Adult Use Pot Businesses. On Wednesday, the state Office of Cannabis Management (OCM) began accepting applications for preapproval licenses for prospective marijuana businesses verified as involving social equity applicants. The move is designed to provide social equity applicants with an "early mover advantage" by allowing them to move forward with business plans with licenses in hand.
Other sets of applicants must wait for next year when final rules are approved. That means while they, too, can move forward with business plans, they do not have the assurance of a license in hand.
Next in line are licenses for small "microbusinesses," for which only a hundred licenses will be issued: 38 to retailers, 13 to cultivators, and 23 to "mezzobusinesses," or mid-scale growers, as well as various licenses of other sorts. The state has 280 license types for its legal marijuana industry.
"The opening of the application preapproval window is another important milestone in building Minnesota’s cannabis industry," said interim OCM director Charlene Briner. "We continue to encourage potential applicants to carefully review and use the resources we’ve provided on our web site to submit their application."
Oregon Union Initiative to Organize Marijuana Workers Awaits Signature Verification. An initiative campaign organized by the United Food and Commercial Workers (UFCW) Local 555 to make it easier for marijuana industry workers to organize has handed in signatures and is now awaiting verification from state officials that it has qualified for the November ballot.
The United for Cannabis initiative would require marijuana businesses to enter into "labor peace" agreements so that employees interested in unionization can "speak out without fear of retaliation."
The UFCW says it spent more than $2 million on signature-gathering and handed in more than 163,000 raw signatures earlier this month. The measure needs 117,173 valid voter signatures to qualify for the ballot.
"We're extraordinarily confident this will qualify," Local 555 political director Michael said. "We're passing this measure."
Law Enforcement
US Arrests Sinaloa Cartel Head "El Mayo" Zambada and One of El Chapo's Sons, Too. The leader of Mexico's most powerful drug trafficking organization, the Sinaloa cartel, and the son of its imprisoned former leader have been arrested after the private airplane in which they were traveling landed Thursday afternoon on the US side of the border near El Paso, where FBI agents were waiting. Ismael "El Mayo" Zambada Garcia was a long-time collaborator with Joaquin "El Chapo" Guzman in running the cartel before Guzman was extradited to the US and imprisoned here and became the leader of the cartel after Guzman's departure from the scene.
Zambada was arrested along with Joaquin Guzman Lopez, one of El Chapo's sons. Zambada was deceived into getting on the plane, and it seems as if Joaquin Guzman was part of the plot. He had told Zambada they were going on a trip to look at real estate.
Zambada and El Chapo worked together for decades, turning the Sinaloa Cartel into a violent, wealthy powerhouse that funneled tons of heroin, cocaine, methamphetamine, and fentanyl north of the border. While US law enforcement is hailing the bust as a major victory, experts say it is unlikely to have any noticeable impact on the flow of drugs north.
Falko Ernst, a senior analyst at the International Crisis Group, said it was unlikely that the arrests would have a major impact on the smuggling of fentanyl or other drugs from Mexico, since the Sinaloa Cartel was a deeply decentralized organization already.
"We aren't talking about a structure that depends on a few kingpins -- it's very diffuse and resilient to these kinds of hits," Mr. Ernst said. If anything, he said, the move could spark more violence as factions vie for control amid a vacuum of power at the very top. "There's already a bunch of pressure on that structure and there has been a lot of infighting," Mr. Ernst said. "So we're definitely facing a scenario of greater violence, potentially."
Zambada himself expressed similar views in a 2010 interview: "My case should be exemplary, a lesson for everyone," he said, adding: "But after a few days, we learn nothing has changed." Referring to cartel bosses, he said: "Locked up, dead or extradited, their replacements are already out there."
International
Guatemala Says Hundreds of Mexicans Have Fled There to Escape Cartel Violence. Guatemalan authorities said Wednesday that nearly 600 Mexicans have fled across the border into Guatemala to escape violent drug cartel clashes. Guatemalan authorities are working with local governments in Huehuetenango to assist Mexicans "who are escaping conflict between groups that is taking place on the Mexican side," officials said.
A Guatemalan government report said the refugees had fled their homes because of the fighting between cartel factions and because of the resultant lack of food. Those who fled included men, women, children, and the elderly, including one 91-year-old woman who could no longer obtain her diabetes medications.
Mexico's foreign ministry and National Guard have not responded to requests for comment on the issue, and the state security agency for Chiapas, where the refugees resided, said there were no reports from the area.
The Guatemalan border region is contested territory for the Sinaloa and Jalisco cartels, and they have been battling for more than a year along the border there. Some 5,000 people fled another Chiapas region earlier this year amidst cartel violence.
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The ACLU of Missouri is suing over state officials punishing a probationer for using medical marijuana; Glasgow, Scotland, is seeking to open a drug checking site, and more.
Market Street in San Francisco's Tenderloin district, home to many of the city's welfare recipients. (Creative Commons)
Medical Marijuana
Missouri ACLU Sues Over Medical Marijuana for Probationer. The American Civil Liberties Union (ACLU) of Missouri and a private law firm have filed a lawsuit against the state, the director of the Department of Corrections, and the Dallas County Prosecuting Attorney on behalf of a probationer, Sharon Stewart, the terms of whose probation bar her from using her doctor-recommended medical marijuana.
The lawsuit seeks injunctive and declaratory relief to bar the state from punishing her. It argues that denying probationers access to medical marijuana violates their constitutional right to access prescribed medical treatments and the right to be free from probation violations related to any use of marijuana.
"The people of Missouri voted not once, but twice, to add protections that prohibit the state from applying lawful marijuana use as a basis for a violation of parole, probation, or any type of supervised release," said Gillian Wilcox, Director of Litigation at the ACLU of Missouri. "The state is trampling the constitutional rights of the plaintiff and others on probation while interfering with medical treatments that have been prescribed by state-licensed physicians."
The constitutional amendment through which voters legalized the use of medical marijuana in 2018 clearly states "registered qualifying patients on bond for pre-trial release, on probation, or further supervised release shall not be prohibited from legally using a lawful marijuana product as terms of condition or release, probation, or parole."
Further protection for probationers came when voters legalized adult-use marijuana via a 2022 constitutional amendment, which includes language stating that "lawful marijuana-related activities cannot be the basis for a violation of parole, probation, or any type of supervised release."
Despite these protections, the state twice issued Stewart citations for violating probation after testing positive for THC, and the Dallas County prosecutor each time attempted to revoke her probation. The first time, the court did not determine that a violation occurred, but the second time, the court held that she violated probation by testing positive, thus failing to "obey all laws and ordinances," since marijuana remains federally legal. She served two days of "shock incarceration" in May.
"The unconstitutional application of probationary terms has not only violated Stewart's rights but has led to her serving two days of 'shock incarceration' as punishment for merely attempting to exercise those rights as contemplated by the Missouri Constitution," said Jonathan Schmid, Policy Counsel for the ACLU of Missouri.
Drug Policy
San Francisco Supervisor Files Bill to Pay Welfare Recipients for Not Using Drugs. Supervisor Matt Dorsey filed a bill on Monday that would provide cash to welfare recipients who tested negative for drugs. The bill is designed as a complement to Proposition F, the March ballot measure that requires drug screening and treatment for welfare recipients to keep receiving benefits.
The bill's "Cash Not Drugs" program would provide an extra $400 a month to participants who test negative. Single adults without children currently receive $712 a month through the county Adult Assistance Program.
Dorsey's bill would create a three-year pilot program to be assessed by an independent academic researcher. It is backed by Mayor London Breed (D), who sponsored Proposition F in a bid to address public drug use and overdoses.
"This is more carrot than stick," said Dorsey. "It's a pretty promising approach."
Dorsey's program has the backing of Mayor London Breed, who placed Prop. F on the ballot.
Dorsey's plan is an example of "contingency management," a drug treatment strategy that rewards people for positive behavior as a reinforcement mechanism. The San Francisco Department of Public Health oversees several similar programs on a small scale. Dorsey said the costs of the program could be reimbursable through Medi-Cal.
Keith Humphreys, a Stanford professor who worked on drug policy for the Obama administration, said there is evidence that the contingency management approach can make an impact.
"It has been done all over the country," said Keith Humphreys, a Stanford University drug expert. "There are over 150 clinical trials supported by the National Institute of Health that have shown positive effects."
Harm Reduction
Massachusetts Senate to Take Up Safe Injection Site Bill Tomorrow. The Senate Ways and Means Committee is taking up a bill to authorize safe injection sites, Senate Bill 1242, as a means of preventing drug overdoses. More than 2,000 state residents have died of overdoses each year since 2016.
The House earlier passed a bill addressing substance use and addiction, but that measure does not include a provision for safe injection sites.
"I think from a Senate perspective, we need an approach that meets the urgency of the crisis and that includes utilizing and deploying every evidenced-based harm reduction tool available, including overdose prevention centers," said Sen. Julian Cyr (D), co-chair of the Public Health Committee. "I think a majority of senators support these harm reduction tools, which is why the Senate bill is including these provisions. We're going to try our best to come to common ground and reconcile these differences with our House colleagues before the end of formal sessions."
In addition to allowing safe injection sites, the Senate bill also allows municipalities to run other harm reduction programs including needle exchange programs and drug testing services. The proposal offers limited liability protections for program administrators and participants.
After tomorrow's committee session, House and Senate negotiators will have only one day to resolve differences in their respective substance abuse bills before the session formally ends.
"Everyone knows that it's brat summer," Cyr said when asked how the compressed timeline would affect the compromise bill. "Sometimes, that means a little bit of a messy process, but we're going to work hard to ensure that we have final legislation that meets the moment on the substance use epidemic and a myriad of other challenges facing the commonwealth."
International
Glasgow Applies for License to Launch Drug Checking Service. The city of Glasgow is applying for license to open a drug checking service as part of a $1.2 million pilot project. The Scottish capital will join the cities of Aberdeen and Dundee as participants in the plan.
The Glasgow facility, if approved, will be based in the east end of the city, where Britain's first official safe injection site is set to open later this year.
The plan is to allow drug users to submit a drug sample for testing to identify the substances it contains and allow healthcare staff at the site to provide specific harm reduction information.
"Glasgow's licence application is a welcome milestone," said drugs and alcohol policy minister Christina McKelvie. "Drug-checking facilities would enable us to respond faster to emerging drug trends, which is particularly important given the presence of highly dangerous, super strong synthetic opioids like nitazenes in an increasingly toxic and unpredictable drug supply. These increase the risk of overdose, hospitalization and death, and are being found in a range of substances."
The Home Office has created a set of criteria that each site must satisfy before a license is issued, and officials have already inspected the Aberdeen and Dundee sites. Glasgow will be next.
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A Senate committee advances a spending bill with medical marijuana protections included, New Zealand's new conservative government files a roadside drug testing bill, and more.
New Zealand drivers could be seeing signs like these soon after the government filed a roadside drug testing bill. (sonosheriff.org)
Marijuana Policy
Key Republican Lawmakers Question DEA Marijuana Rescheduling Process. A pair of GOP congressional leaders have sent a letter to Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra questioning the Biden administration's proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act.
In the letter, House Energy & Commerce Committee Chair Cathy McMorris Rodgers and Subcommittee on Health Chair Brett Guthrie claim that the review process leading to the rescheduling recommendation differed from previous reviews and that it lacked transparency. They suggested the review was politically motivated instead of inspired by science.
They also pointed to the Drug Enforcement Administration (DEA) saying more information was needed before making a rescheduling decision and noted that former DEA administrators and federal prosecutors opposed rescheduling. (Editor's Note: What a shock.)
The DEA is now considering the recommendation from the Food & Drug Administration (FDA) that marijuana be moved to Schedule III after the closing of the public comment period. During that period, the agency received more than 40,000 comments, 90 percent of which supported either rescheduling or complete descheduling.
Florida Marijuana Legalization Initiative Should Win in November, Latest Poll Says. A new poll from the University of North Florida is the latest to find the Amendment 3 marijuana legalization initiative from Smart & Safe Florida winning at the ballot box in November. The poll had 64 percent of likely voters supporting the measure.
Because the initiative takes the form of a constitutional amendment, it will require 60 percent of the vote to pass, so this is not an especially comfortable lead for the initiative sponsors. Operatives typically like to see a 10-point lead in polling so there is room for some defections as opposition campaigns gear up.
But this year in Florida, the organized opposition led by Gov. Ron De Santis (R) is being financially overwhelmed by the corporate backers of the initiative, which has been funded to a huge degree by one company, Trulieve, a multi-state operator that is well-positioned to benefit financially from legalization. Trulieve, which had already poured more than $40 million into the campaign, added another $5 million recently.
The University of North Florida poll found majority support across all demographics, with nearly eight out of 10 Democrats (79 percent) and half of Republicans (50 percent) saying they would vote yes. All age and race groups favored the measure.
Polling has consistently found majority support for marijuana legalization in the state, although not all polls have shown it hitting that 60 percent threshold.
Medical Marijuana
Senate Committee Advances Spending Bill with Protections for State Medical Marijuana Programs. Last Thursday, the Senate Appropriations Committee approved the annual appropriations bill for Commerce, Justice, Science, and Related Agencies (CJS), which includes the long-lived rider blocking the Justice Department from spending funds to interfere in state-legal medical marijuana programs.
The House version of the bill, which was passed by the House Appropriations Committee earlier this month, contains the same language blocking Justice from going after medical marijuana, but it adds a new section that allows for enhanced penalties for sales near schools and parks. The Senate will either need to add such language before a floor vote or hash out the differences with the House bill in conference committee.
The committee also approved a report calling on the Biden administration to say why it has not expanded more diplomatic efforts to win the freedom of Pennsylvania resident Marc Fogel, who is serving a 14-year sentence in Russia for possession of medical marijuana. He was convicted of "large-scale drug smuggling" after being found with a half-ounce of marijuana. The report comes a month after the Senate approved a resolution calling for his release.
International
New Zealand Government Files Roadside Drug Testing Bill. The new conservative government says it has filed a bill to allow roadside saliva testing of drivers for drugs.
"Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on our roads. Despite this, Police currently have no way to undertake saliva testing for drugs at the roadside, and only 26 percent of drivers think they are likely to be caught while driving under the influence of drugs," said Transportation Minister Simeon Brown.
"Although the previous government passed legislation to roll out roadside drug testing two years ago, progress stalled. Their legislation was flawed and unworkable and would have required oral fluid tests to meet evidentiary standards instead of simply being used as screening devices. Our government is delivering where the previous government failed. We are enabling oral fluid testing at the roadside for screening purposes so that Police can procure the drug testing devices needed to crack down on drug driving."
"Oral fluid testing is common overseas and is an easy way to screen for drugs at the roadside. Our approach will bring New Zealand in line with Australian legislation and will remove unnecessary barriers that have prevented Police from taking action to remove drugged drivers from our roads. Our legislation will empower Police to randomly screen drivers for drugs, similar to how drink-driving is enforced. "
"Drivers who refuse to undergo oral fluid testing will be issued with an immediate infringement notice and be prohibited from driving for 12 hours to reduce the risk of tragic drugged driving outcomes. Finding more effective ways to target drugged drivers underlines this Government's commitment to road safety. Our Government Policy Statement on Land Transport 2024 outlines our expectation that Police undertake 50,000 oral fluid tests per year once the roadside drug testing regime is rolled out.
"Our approach takes a much harder line on the causes of death and serious injury on our roads. We will do this by ensuring that motorists are safer and that people impaired by drugs think twice before getting behind the wheel," Brown concluded.
The bill is the Land Transport (Drug Driving) Amendment Bill. It gets a first reading this week and then will be sent to the Transport and Infrastructure Select Committee.
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