Home Depot to Stop Marijuana Testing for Workers, DEA Judge Sets Psychedelic Compound Ban Hearing, More... (8/28/24)

The California Senate has passed a pair of bills aimed at opening up markets for small marijuana growers and "cannabis cafes," the drug czar asks Congress to reauthorize his office, and more.

Dr. Rahul Gupta, head of the Office of National Drug Control Policy. He wants Congress to hurry up and reauthorize his office. (March of Dimes)

Marijuana Policy

California Senate Approves Bills to Allow Cannabis Cafes, Weed Sales at Farmers' Markets. The Senate on Tuesday approved a pair of bills, Assembly Bill 1775 and Assembly Bill 1111 that would allow marijuana farmers to sell at farmers' markets and to allow cannabis cafes, respectively.

The farmers' markets bill from Assemblymember Gail Pellerin (D) would allow licensed small marijuana cultivators to sell their wares at farmers' markets but only if there is state and local regulatory approval to do so. The Department of Cannabis Control (DCC) would be authorized to issue "a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at certain venues expressly approved by a local jurisdiction, as specified," the bill says.

"As a farmer's daughter, knowing the importance of having that direct relationship with the consumer, this allows cannabis farmers to be able to sell at authorized events -- cannabis directly to the sellers -- bringing the stock right to the person," Sen. Susan Talamantes Eggman (D) said on the floor.

The cannabis café bill from Assemblyman Matt Haney (D) would allow consumers to use marijuana at licensed businesses that could also offer food and non-alcoholic drinks and host live events if they have permission from local government.

Both bills have been amended in the Senate, so they will have to go back to the Assembly for concurrence votes. Gov. Gavin Newsom (D) vetoed an earlier version of the cannabis café bill, citing concerns about worker safety in a smoky environment; legislators have worked to address those concerns in this year's bill.

Home Depot to Stop Testing Workers for Marijuana. Home Depot, the nation's sixth-largest employer, has announced it will quit screening workers for marijuana use next month and stop most pre-employment drug testing for new workers.

The company said that in the future, Home Depot will only conduct pre-employment drug testing "for external candidates with contingent offers in Asset Protection and Corporate Security."

Home Depot is following in the footsteps of Amazon, the nation's second-largest employer, which ended drug testing for marijuana in 2021 and announced it would begin lobbying for marijuana legalization. Home Depot has made no such commitment.

Psychedelics

DEA Judge Schedules Hearing on Proposed Ban on Two Psychedelics After Pushback from Researchers. DEA Administrative Law Judge Paul Soeffing has set a 10-day hearing on the agency's proposal to ban two psychedelic compounds. The hearing comes after a public comment period that saw strong pushback from scientists and researchers and is set for November 12-22, with a final session on November 25.

This is the latest effort by the DEA to ban the two substances, 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) in Schedule I of the Controlled Substances Act (CSA). The agency had moved earlier to ban them but pulled back in the face of clamor from the scientific community.

Students for Sensible Drug Policy (SSDP) and its Science Policy Committee have led the charge against making the research psychedelics Schedule I controlled substances, arguing they are very useful in studying depression, learning, memory, and mood.

"DOI has been amongst the most widely used compounds to study the role of the serotonin 2 receptor of the last several decades," Elijah Ullman, chair of SSDP’s Science Policy Committee, said in a press release. "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 are also critically involved in learning and 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," he said.

Researchers also argue that DEA has not shown that the psychedelic compounds have high abuse potential, a statutory requirement for placing them in Schedule I.

"The DEA, for too long, has had a rubber stamp in their decision-making processes. They have not had to defend their actions," attorney Robert Rush, who is representing independent researchers for the hearing, said. "I am looking forward to having the DEA defend its decision to criminalize an important research tool that it admits is not being diverted for illicit use."

"I look forward to the DEA being called to explain themselves in blocking critical research that so many Americans struggling with serious issues may benefit from," he said. "It is time they answered to the American public."

Drug Policy

Drug Czar Calls on Congress to Reauthorize His Office. Dr. Rahul Gupta, the head of the White House Office on National Drug Control Policy (ONDCP -- the drug czar's office), has called on Congress to reauthorize ONDCP before the end of the year. He says reauthorization is his top legislative priority for the rest of this year.

"Our reauthorization is really critically important to continue to send a message to communities all across the country that they will continue to get the support of funding from members of Congress for their communities," Gupta said Tuesday.

He added that while reauthorization is his top priority, it is only part of a long list of actions the administration seeks to undertake as it works to reduce the number of drug overdose deaths. Overdose deaths are now hovering at around 100,000 a year after rising dramatically for the first two decades of this century.

Gupta noted that the 12-month period ending in March had seen a 7.5 percent decrease in overdose deaths from record highs in the immediately preceding years and said that the administration increased federal funding for drug policy by 40 percent compared to the Trump administration.