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Republican Legislators Call on DEA To Reject Recommendation To Reschedule Cannabis

September 14, 2023 Published by

A group of Republican legislators recently sent a letter to the Drug Enforcement Administration (DEA) asking for the agency to reject the recent recommendation to reschedule cannabis, which was suggested by the Department of Health and Human Services (HHS) on Aug. 29.

The list included lead authors Sen. James Lankford (Oklahoma) and Rep. Pete Sessions (Texas), along with signatures from Sen. M. Michael Rounds (South Dakota), Sen. James E. Risch (Idaho), Sen. Marsha Blackburn (Tennessee), Sen. Mike Crapo (Idaho), Sen. Ted Budd (North Carolina), Sen. Markwayne Mullin (Oklahoma), Sen. Tom Cotton (Arkansas), Rep. Chuck Edwards (North Carolina), Rep. Robert B. Aderholt (Alabama), Rep. Hal Rogers (Kentucky), Rep. Earl L. Carter (Georgia), and Rep. Andy Biggs (Arizona).

“The recommendation to remove marijuana from the DEA’s list of dangerous Schedule I drugs is not based on science—it’s based on an irresponsible pro-pot agenda,” Lankford wrote on social media and sharing the letter.

“We write to urge the Drug Enforcement Administration (DEA) to reject any petition or request to remove marijuana from Schedule I of the Controlled Substances Act (CSA). Any effort to reschedule marijuana should be based on proven facts and science—not popular opinion, changes in state laws, or the preferred policy of an Administration,” the letter states.

One of the letter’s arguments against rescheduling cannabis cites the National Institute on Drug Abuse (NIDA), stating that “30% of marijuana users have marijuana use disorder, who are severely addicted to the drug.” The authors mention the rise in THC in products today compared to 25 years ago. “These facts indicate that marijuana has a high potential for abuse and that the risk is only increasing,” they added. Last month, NIDA reportedly signed off on the HHS recommendation.

The letter authors also make claims that cannabis “does not have a currently accepted medical use.” While it mentions the single Food and Drug Administration (FDA)-approved cannabis-derived drug (Epidiolex), and three synthetic cannabis drugs (Marinol, Syndros, and Cesamet), the letter states that substances only have medical value if they are approved by the FDA. The authors also added that previously in 2016, the DEA rejected two petitions for cannabis rescheduling, and the HHS agreed. “The rejection letter stated, ‘At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy,’” the letter stated. “We believe this analysis is still true today. In fact, HHS recommended at the time that DEA reject these petitions and that marijuana remain in Schedule I.”

The signatories state that nothing has changed over the past seven years, and believe that “the situation has gotten worse,” citing an increase in child hospitalizations due to accidental cannabis consumption, and the negative effects of cannabis on youth teenagers.

“It is irresponsible for HHS to recommend that marijuana be removed from Schedule I,” they concluded. “It would also be irresponsible for DEA to act on this recommendation. Our country relies on DEA to enforce our nation’s drug laws. We ask you to uphold your mission by rejecting any effort to remove marijuana from Schedule I.”

The letter fails to mention the evidence of cannabis’ medical benefits for countless conditions, or its part in the War on Drugs and countless people affected by its Schedule I status.

Now that the HHS has provided the details of its recommendation to move cannabis from a Schedule I to Schedule III substance, the DEA will also conduct a scientific review.

These Republican legislators believe that cannabis should remain a Schedule I substance, which labels it as having no medical value, high potential for abuse, and places it among other substances including heroin, LSD, ecstasy, and more. Legislators who have continued to support cannabis in congress, such as Rep. Earl Blumenauer, believe that this is just the beginning. “This is a step in the right direction but it is not sufficient. I hope it is followed by more significant reforms. This is long overdue,” he said in a statement.

NORML Deputy Director Paul Armentano published an article explaining why rescheduling cannabis isn’t enough. “While some entities, particularly those involved in the commercial cannabis industry, have lauded the proposed change as a ‘giant’ step forward, others—like myself—have been far more restrained,” Armentano stated. “First, reclassifying cannabis to a lower schedule within the CSA continues to misrepresent the plant’s safety relative to other controlled substances such as anabolic steroids and ketamine (Schedule III), benzodiazepines (Schedule IV), or even alcohol, which is unscheduled.”

NORML has previously called for cannabis to be completely descheduled, and Armentano wrote that this is still the case. After the HHS recommendation news was published, Armentano discussed the topic with outlets such as The Associated Press, The Washington Post, and more. “Tobacco and alcohol are not in the Controlled Substances Act,” he told CNN. “Those substances are well recognized to pose far greater hazards to health than cannabis. We should treat marijuana [under the federal scheduling system] equally.”

The post Republican Legislators Call on DEA To Reject Recommendation To Reschedule Cannabis appeared first on High Times.

DEA Doubles Down on Decision To Fire Agent Who Tried To Replace Opioids With CBD

September 12, 2023 Published by

The Drug Enforcement Administration recently defended their decision to fire an “outstanding” special agent fired earlier this year for using CBD oil to replace his pain medication, a decision which caused him to test positive for cannabis on a drug test.

According to court documents, Special Agent Anthony Armour filed a wrongful termination lawsuit in May of this year against the DEA. A response brief was filed recently in which the DEA fully defends their decision to terminate Agent Armour, calling his actions “reckless” and “incompatible with the agency’s sole mission to enforce our Nation’s drug laws.”

Armour served as a DEA agent for 15 years before he was subjected to a random drug screening which came back positive for THC. Armour reportedly came forward voluntarily with samples of the CBD products he was using for lab analysis, two out of three of which came back under the .3% THC limit set by the Controlled Substances Act, and the third came in at .35% which is within the acceptable margin for error. 

Armour also stated in his lawsuit that he was using the CBD products to treat pain from injuries sustained playing football and during his career in law enforcement. Needless to say, as a member of the DEA, Armour was fully aware of the dangers of opioids and alleged that he was using the CBD as an alternative to his pain medication, pursuant to the 2018 Farm Bill which legalized commercial hemp products (and a whole slough of other weird shit).

“For Armour and many others in this country, this change meant new opportunities—particularly as to CBD, a non-THC cannabinoid in the cannabis plant,” the lawsuit said. “Armour hoped CBD oils could play a role in his pain management. That he did is unsurprising. From Martha Stewart to Wrigley Field, CBD has become embedded in American culture.”

Despite Armour’s rationale and despite the lawsuit he filed, the DEA doubled down on their decision in their court response brief filed August 30.

“Mr. Armour was an outstanding DEA agent when he took a chance in 2019. He believed it was unlikely that CBD products would cause him to test positive for marijuana, but he knew it was possible, and he bought those unregulated products on the internet and consumed them anyway,” the brief said. “Mr. Armour argues that he ‘displayed negligence or poor decision-making,’ and DEA properly held him accountable for his poor decisions when they resulted in a verified positive drug test. DEA lost trust in Mr. Armour and properly removed him.”

The response brief was filed just days prior to the Department of Health and Human Services official recommendation to move cannabis to Schedule 3, putting the ball into the DEA’s court to decide whether or not to honor the recommendation of the DHHS. It is not immediately clear if rescheduling cannabis would allow federal employees like Agent Armour to use cannabis products. 

The filing went on to say: “This was an unfortunate ending to a lengthy and productive career in Federal law enforcement. But DEA is charged with enforcing our Nation’s drug laws, and Federal employees are responsible for what they put in their bodies. There is a clear and genuine nexus between a removal for illegal drug use and the efficiency of the service at a drug enforcement agency.”

The DEA has clarified since terminating Armour in 2020 that agents are under no circumstances to use any CBD products for exactly this reason. All hemp contains at least trace amounts of THC (hemp and cannabis are the same plant after all) and thus, it’s far too easy to accidentally or mistakenly test positive for THC while using such products. They have also clarified that synthetic cannabinoids and some of the hemp-derived cannabinoids are not legal products in their purview. Their tireless fight against opioid abuse also carries on, if not in a somewhat contradictory fashion.

“One wonders then, why they are in federal court defending the termination of a special agent who was taking these dangerous drugs off the street for doing nothing other than, for his pain, ingesting a product advertised as CBD oil that, unbeknownst to him, would test right at the border between hemp and marijuana—precisely because he didn’t want to use opiates,” an attorney for Armour said to Marijuana Moment on Friday.

The post DEA Doubles Down on Decision To Fire Agent Who Tried To Replace Opioids With CBD appeared first on High Times.

Colorado Gov. Sends Letter to Commend Biden Administration for Making Progress on Rescheduling Cannabis

September 7, 2023 Published by

Colorado Gov. Jared Polis recently sent a letter to President Joe Biden on Sept. 5 regarding the U.S. Department of Health and Human Services’ (HHS) recommendation for the Drug Enforcement Administration (DEA) to reschedule cannabis from a Schedule I substance to a Schedule III substance.

According to The Gazette, Polis’ letter addressed this recommendation, and applauded Biden on leading an administration toward progress. “We are pleased to hear that you have recently received Health and Human Services’s (HHS) recommendation to move cannabis to Schedule III,” Polis began in his letter. “It’s about time.”

“This is an historic moment and we owe you and your administration a debt of gratitude for your leadership on catching up with where the science is,” Polis continued. “Cannabis’ current classification under federal law as a Schedule I drug is contradicted by the scientific evidence. The notion, as previously considered, that cannabis has no accepted medical use, a high potential for abuse, and no accepted safety standards even under medical supervision has been widely disproven, HHS’s recommendation is evidence-based and a move in the right direction.”

He continues that he offers his “enthusiastic support” while the country waits for the DEA to respond, but in the meantime, urges the president to begin thinking about what else needs to be done to make moving cannabis to Schedule III ideal for cannabis businesses. “I ask you to simultaneously consider a few next steps in the near future by showing your support for access to banking for the state-regulated marketplace, reduced criminal penalties for possession and distribution of cannabis, addressing immigration-related consequences and enforcement discretion from FDA,” Polis wrote.

Polis also addresses the issues that still need to be resolved, such as banking. He wrote that if cannabis becomes a Schedule III substance, banks would be free to serve cannabis businesses and that tax code 280E would no longer be necessary. “The most efficient way to address these public health risks is to displace the illicit marketplace and replace it with a legal, safe, regulated, and age-verified system,” Polis continued. “But we can only do that by promoting federal policies that allow for profitability in these well-established state-regulated marketplaces. That equates to [Internal Revenue Code] Section 280E reform and access to traditional banking services.”

Polis noted that rescheduling cannabis will become a hallmark accomplishment of Biden’s term as president. “Your administration will soon be credited with saving hundreds of thousands of jobs and significant tax revenue for the states when DEA solidifies FDA’s recommendation,” Polis writes. “While federal prohibition continues, more than three-fourths of the states have legalized medicinal marijuana, and more than 20 have legalized marijuana for adult use.”

“Let’s celebrate this progress and work together to finish the job,” his letter to Biden concluded. “We greatly appreciate your leadership, and please come visit Colorado again soon.”

Nearly a year ago on Oct. 6, 2022, Biden made a historic announcement to pardon of thousands of federal cannabis prisoners. He also called for the HHS secretary and the attorney general to “to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law,” Biden said. “Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine—the drugs that are driving our overdose epidemic.”

In response to Biden’s request last year, HHS Assistant Secretary for Health, Rachel Levine, sent a letter to DEA Administrator Ann Milgram on Aug. 29 regarding recommendations for moving cannabis into the Schedule III category. “Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary [Xavier Becerra] and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023,” an HHS spokesperson said.

According to a statement provided to The Hill by a DEA spokesperson, it’s the DEA’s turn to review the recommendations. “As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review,” the spokesperson said. It is unclear how long it will take for the DEA to review the recommendations, or how the department will respond.

The Controlled Substances Act of 1970 labeled cannabis as a Schedule I substance over 50 years ago. Schedule I substances currently include cannabis, heroin, LSD, ecstasy, and peyote, among others, which are described as having no medical benefits and a high potential for abuse. Schedule II substances also have high potential for abuse, but potentially lead to “severe psychological or physical dependence,” such as Vicodin, cocaine, meth, oxycodone, fentanyl, Adderall, and more. Schedule III substances however, are simply drugs with “moderate to low potential for physical and psychological dependence,” like ketamine and testosterone.

The post Colorado Gov. Sends Letter to Commend Biden Administration for Making Progress on Rescheduling Cannabis appeared first on High Times.

Marijuana Stocks Surge Amidst Potential DEA Reclassification

September 4, 2023 Published by

Marijuana stocks have witnessed their most significant surge since March 2020. This surge is attributed to the anticipation of the Drug Enforcement Administration (DEA) potentially reducing the drug’s risk rating.

The MJ PurePlay 100 Index, which consists of 100 marijuana-related stocks, experienced its most substantial weekly increase in two and a half years, marking a 28% rise. Additionally, the Roundhill Cannabis ETF reported a 42% gain last week. The momentum was primarily driven by Assistant Secretary for Health Rachel Levine’s recommendation to the DEA to reclassify cannabis as a Schedule III drug under the Controlled Substances Act.

Anticipation of DEA’s Reclassification Boosts Marijuana Stocks

The current classification of marijuana in the US is as a Schedule I drug. This places it alongside substances such as heroin and LSD, indicating the highest risk and no accepted medical use. The recommendation to shift marijuana to Schedule III would align it with drugs like ketamine and anabolic steroids. These are considered to have a moderate to low potential for physical and psychological dependence.

The HHC Calls for Moving Cannabis to Schedule 3 Drug

The potential reclassification of marijuana is significant for the cannabis industry. If this change is implemented, it could provide cannabis companies with broader access to financial services. This would be a game-changer, potentially revolutionizing the industry’s financial landscape.

The potential DEA decision is not just about the financial implications. It also reflects a changing perception of cannabis in the US, both in terms of its medical utility and its risk profile. The reclassification could pave the way for more extensive research and acceptance of cannabis in medical and recreational spheres.

Now we need to wait and see if this potential reclassification be a precursor to the federal legalization of marijuana in the US? However, while it might come soon, we shouldn’t be holding our breath waiting, as it might take years for that to finally happen…

Source: Business Insider

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AI Disclaimer: This news update was created using a AI tools. PsychePen is an AI author who is constantly improving. We appreciate your kindness and understanding as PsychePen continues to learn and develop. Please note that the provided information is derived from various sources and should not be considered as legal, financial, or medical advice.

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The post Marijuana Stocks Surge Amidst Potential DEA Reclassification appeared first on Cannadelics.

The U.S. Department of Health Calls for Moving Cannabis to Schedule 3 Drug

September 3, 2023 Published by

Summary: The U.S. Department of Health and Human Services (HHS) has recommended easing restrictions on marijuana, and moving it to schedule 3 drug, following a review request from the Biden Administration last year. This recommendation was provided to the Drug Enforcement Agency (DEA) as part of President Biden’s directive to HHS. The HHS is recommending reclassifying marijuana to say it has a moderate to low potential for dependence and a lower abuse potential, which would put it in a class with ketamine and testosterone. This could allow major stock exchanges to list businesses in the cannabis trade and potentially allow foreign companies to begin selling their products in the United States.

The HHS (The U.S. Department of Health and Human Services) Calls for Moving Cannabis to Schedule 3 Category

The HHS spokesperson announced the recommendation to ease marijuana restrictions, and moving it to schedule 3 drug, following a review request from the Biden Administration last year. Nearly 40 U.S. states have legalized marijuana use in some form, but it remains completely illegal in some states and at the federal level. Reclassifying cannabis as less harmful than drugs like heroin would be a first step toward wider legalization, a move backed by a majority of Americans.

The scheduling recommendation for marijuana was provided to the DEA on Tuesday as part of President Biden’s directive to HHS. “As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review,” a DEA spokesperson said.

U.S. Voters Back Legalizing Psychedelics for Therapeutic Use

Marijuana is currently classified as a schedule I drug under the Controlled Substances Act, meaning it has a high potential for abuse and no accepted medical use, along with drugs like heroin and LSD. HHS is recommending reclassifying marijuana to say it has a moderate to low potential for dependence and a lower abuse potential, which would put it in a class with ketamine and testosterone.

If marijuana classification were to ease at the federal level, that could allow major stock exchanges to list businesses that are in the cannabis trade, and potentially allow foreign companies to begin selling cannabis products in the United States. “The administration’s process is an independent process led by HHS, led by the Department of Justice and guided by evidence… we will let that process move forward,” White House Press Secretary Karine Jean-Pierre said.

Cannabis is legal in Canada, which has become the home in North America for publicly traded cannabis growers and distributors, many of which would be expected to expand into the United States, if federal legalization follows there. Shares of several cannabis firms including Canopy Growth, Tilray Brands, and Cronos Group rose on the news. Firms such as Verano Holdings and Sunburn Cannabis welcomed the HHS move.

New Study Backs Up Cannabis Never Led to Psychosis

“For far too long, cannabis prohibition and its outdated status as a schedule I substance have unduly harmed countless individuals affected by the failed War on Drugs,” Veranos CEO George Archos said.

Source: Reuters

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AI Disclaimer: This news update was created using a AI tools. PsychePen is an AI author who is constantly improving. We appreciate your kindness and understanding as PsychePen continues to learn and develop. Please note that the provided information is derived from various sources and should not be considered as legal, financial, or medical advice.

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Dept. of Health and Human Services Calls On DEA to Reclassify Cannabis as Schedule III

August 31, 2023 Published by

An official at the Department of Health and Human Services recommended to the Drug Enforcement Agency (DEA) that cannabis be reclassified from a Schedule I drug to a Schedule III drug under the Controlled Substances Act in a leaked letter.

HHS Assistant Secretary for Health Rachel Levine sent a letter dated Aug. 29 to DEA Anne Milgram, recommending that cannabis be reclassified. The HHS confirmed on Tuesday that a representative sent its findings to the DEA. “Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary [Xavier Becerra] and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023,” an HHS spokesperson said.

The move was called “historic,” sent cannabis stocks soaring, but was also called insufficient in ending cannabis prohibition as it would remain a controlled substance, albeit with fewer restrictions.

Last October, President Joe Biden requested that the HHS secretary and attorney general conduct a review of the classification of cannabis under federal law. Cannabis currently falls under Schedule I, meaning the DEA considers it a drug “with no currently accepted medical use and a high potential for abuse.”

The DEA defines a Schedule III substance as “drugs with a moderate to low potential for physical and psychological dependence.” The DEA says that the potential for abuse of Schedule III drugs is less than Schedule I and Schedule II drugs—but more habit-forming than Schedule IV (Xanax, Valium) and Schedule V drugs (Robitussin AC). Examples of Schedule III drugs include pills and drugs with less than 90 mg of codeine per dosage unit (Tylenol 3), ketamine, anabolic steroids, and testosterone.

It’s important to note that under Schedule III, cannabis would still be federally prohibited although it would open doors for researchers. Some leaders in Congress applauded the move, while others said it’s not enough.

What Happens Now?

NORML reports that the HHS recommendation now heads to DEA, to conduct its own scientific review. The DEA adopted its own five-factor test to determine if cannabis should be rescheduled, and it’s different from the HHS’ criteria. But the DEA determined that cannabis failed to meet its five criteria four times. 

“It will be very interesting to see how DEA responds to this recommendation, given the agency’s historic opposition to any potential change in cannabis’ categorization under federal law,” NORML Deputy Director Paul Armentano said. “Further, for decades, the agency has utilized its own five-factor criteria for assessing cannabis’ placement in the CSA—criteria that as recently as 2016, the agency claimed that cannabis failed to meet. Since the agency has final say over any rescheduling decision, it is safe to say that this process still remains far from over.”

Senate Majority Leader Chuck Schumer (D-NY) said in a statement that HHS had recommended that cannabis be moved from a Schedule I to a Schedule III controlled substance. “HHS has done the right thing,” Schumer said. “DEA should now follow through on this important step to greatly reduce the harm caused by draconian marijuana laws.”

Is Schedule III Enough?

“This is a step in the right direction but it is not sufficient, Congressman Earl Blumenauer (D-OR), founder and co-chair of the Congressional Cannabis Caucus said in a statement. “I hope it is followed by more significant reforms. This is long overdue.”

Cannabis coalitions applauded the move as historic, while it would not fully decriminalize cannabis at the federal level.

“The Biden Administration just took a major step toward ending our nation’s failed war on cannabis,” stated Adam Goers, co-chair of the Coalition for Cannabis Scheduling Reform. “For decades, cannabis has been a Schedule I controlled substance, on par with heroin and above fentanyl and meth. This was completely baseless, and we now know that the FDA and Department of Health and Human Services agree.

“The federal government is now on track to recognize cannabis as medicine, regulated alongside Schedule III drugs such as Tylenol with codeine which have demonstrated medical uses and low risk of abuse. Our ultimate goal is full legalization of cannabis, and we believe that rescheduling is a key step on the way there.

Cannabis Stocks Soar

The news impacted cannabis trading. ETF.com reports that the AdvisorShares Pure US Cannabis ETF soared 21%. Other cannabis-related funds, including FMG Alternative Harvest ETF and Global X Cannabis ETF were up 10.79% and 7.44% respectively. Eight cannabis-related ETFs are traded on U.S. markets, with total assets under management of $630.76M. 

Publicly traded cannabis companies also saw spikes based on the news. Canopy Growth rose 13%, Tilray Brands soared by nearly 9%, and Aurora Cannabis rose by 6%.

The post Dept. of Health and Human Services Calls On DEA to Reclassify Cannabis as Schedule III appeared first on High Times.

Federal Health Agency Recommends DEA Reclassify Cannabis to Schedule III

August 30, 2023 Published by

In a historic milestone in federal cannabis reform, the US Department of Health and Human Services (HHS) has urged the Drug Enforcement Administration (DEA) to reclassify cannabis from Schedule I to Schedule III, opening the dual possibility of researching the plant’s therapeutic potential and expanding the cannabis industry. 

The recommendation signifies the HHS’s shift in perspective regarding cannabis; instead of viewing it as a substance with high potential for abuse and no medical application, the HHS now recognizes the plant’s potential benefits. This recommendation appears to align with the department’s aim to “protect the health of the US people and providing essential human services,” per its motto of “Improving the health, safety and well-being of America.”

Recommendation Comes Following an Administrative Review of Federal Cannabis Scheduling

The HHS’s recommendation follows an administrative review of cannabis’ current Schedule I classification requested by President Joe Biden to the Secretary of HHS and the attorney general in 2022. After thorough scientific assessment, the findings prompted the HHS to propose moving cannabis to Schedule III. Although not legally binding, this recommendation carries significant meaning.

In a comment to Marijuana Moment, an HHC spokesperson said, “Following the data and science, HHS has expeditiously responded to President Biden’s directive to HHS Secretary Becerra and provided its scheduling recommendation for marijuana to the DEA on August 29, 2023. This administrative process was completed in less than 11 months, reflecting this department’s collaboration and leadership to ensure that a comprehensive scientific evaluation be completed and shared expeditiously.”

During a briefing on Wednesday, White House Press Secretary Karine Jean-Pierre reinforced that the president asked the Secretary of HHS and the attorney general to review how cannabis is scheduled and that it’ll be an “independent process.”

“As you know, the administration process is an independent process, led by HHS, led by the Department of Justice and guided by evidence, so I’m going to leave it to HHS and DOJ to move that process,” Jean-Pierre said.

Opportunities for the Cannabis Industry

If the DEA were to adopt the HHS’s proposal to reclassify cannabis as a Schedule III substance, it would lead to significant political and economic developments.

The reclassification would enable cannabis businesses access to federal tax deductions, a privilege currently denied to companies with Schedule I or II products. The change would lead to financial consequences, as the cannabis industry has faced significantly higher tax rates due to this limitation. 

Patrick Rea, Managing Director of Poseidon Garden Ventures, says they’re cautiously optimistic about the news.

“Certainly, moving cannabis off Schedule I is the right decision and long overdue. Though a full descheduling would be preferred and likely most appropriate for cannabis, we welcome smart decisions and progress towards full legalization and regulation in the legal cannabis industry,” Rea said. “We’ll follow the federal government’s progress towards Schedule III with specific attention to how this impacts investment strategies and returns, just as we have done since 2013. The federal government needs to act to participate in shaping the legal cannabis industry. We welcome these positive outcomes from a formal review of cannabis placement on the CSA. With cannabis moving to Schedule III, the industry expects IRS Code 280E to no longer apply to marijuana businesses, resulting in much lower effective tax rates for businesses across the industry.”

Autumn Shelton, chief financial officer of California-based Autumn Brands, echoes the sentiment that removing the 280e “tax burden” would be welcomed by cannabis companies and help remove lingering negative stereotypes pertaining to the plant.

“This is truly an incredible moment! While ideally, we want to see cannabis descheduled, we understand that even little victories are important on our journey to federal legalization,” Shelton told Cannabis Now. “Moving from a Schedule I would be a great step towards legalization and removing the remaining stigma. It would also eliminate the 280e federal tax burden that so many legal State businesses struggle with. 280e doesn’t allow businesses to deduct normal expenses, meaning their federal net income could be hundreds of thousands to millions of dollars more than it is, thus owing more in taxes than their net income. I know many passionate people have been working hard behind the scenes to make this happen. Come on, DEA and President Biden! Let’s do this!”

Additionally, the reclassification would benefit cannabis researchers by removing the draconian DEA registration process necessary to obtain cannabis for studies, a requirement linked to Schedule I categorization.

The post Federal Health Agency Recommends DEA Reclassify Cannabis to Schedule III appeared first on Cannabis Now.

Week in Review: Half of US Adults Have Tried Cannabis, Gallop Poll

August 19, 2023 Published by

In this week’s cannabis news round-up, a new Gallup poll confirms half of US adults have tried cannabis; Federal Appeals Court rules federal gun ban for cannabis users unconstitutional; newly revealed email confirms DEA’s position on delta-8 THC from CBD; Germany’s cabinet approves draft legalization proposal; Cann takes Roadie to 31 more states; and Edwin Eats An Edible Kickstarter campaign goes live.

PHOTO Elsa Olofsson

New Poll Confirms Half of US Adults Have Tried Cannabis

As the wave of cannabis legalization continues to sweep across the US, a recent Gallup poll has revealed a significant shift in cannabis consumption. According to the findings, a record-breaking 50% of Americans have experimented with cannabis at some point. While this marks only a modest uptick from 2022, it is a statistically significant surge from 2019’s figure of 45%.

The poll also found that more Americans are actively engaging with cannabis than with tobacco cigarettes, indicating that around 17% of American adults currently use cannabis, while only 11% are cigarette smokers.

PHOTO Google Maps

Federal Appeals Court Rules Federal Gun Ban for Cannabis Users Unconstitutional

A federal appeals court has ruled that the long-standing federal prohibition on cannabis users possessing firearms is unconstitutional. Based in New Orleans, the 5th US Circuit Court of Appeals concluded that the 1968 law prohibiting firearm possession or sale to an “unlawful user” of a federally controlled substance should not be interpreted so broadly as criminalizing all gun owners with a history of cannabis use.

The case involved an individual sentenced to four years in prison after firearms and remains of a joint were found in his vehicle. Despite admitting occasional cannabis use, there was no evidence to suggest he was under the influence at the time of his arrest.

The court stated, “While our history may support limits on an intoxicated person’s right to carry a weapon, it does not justify disarming a sober citizen solely based on past drug use.”

This decision follows similar rulings by other federal courts, including one in Oklahoma and another in Texas, affirming that using cannabis does not warrant stripping an individual of their right to possess a firearm. A separate legal challenge, initiated by former Florida Agriculture Commissioner Nikki Fried and medical marijuana patients, is still pending in the US Court of Appeals for the Eleventh Circuit. Congress has also introduced bills seeking to remove federal firearms-related restrictions on cannabis consumers.

PHOTO Timothy Clemons

DEA Considers Synthesized Delta-8 THC from CBD Federally Illegal, According to Newly Revealed Email

A letter from the US Drug Enforcement Administration’s Drug & Chemical Evaluation Section Chief Terrence Boos, dated 2021, has confirmed that the DEA views delta-8 THC, produced from CBD synthesis, as federally unlawful. While not new information, the explanation is presented in simple terms, dispelling any lingering uncertainties regarding DEA’s regulations: when derived from legal CBD, the DEA categorizes delta-8 THC as a banned controlled substance.

Attorney Shane Pennington shared the revelation via his “On Drugs” Substack page, “Arriving at delta-8-THC by a chemical reaction starting from CBD makes the delta-8-THC synthetic and therefore, not exempted by the [Agriculture Improvement Act]. Any quantity of delta-8-THC obtained by chemical means is a controlled substance.”

The Agriculture Improvement Act, also known as the 2018 Farm Bill, granted states the authority to establish their own hemp programs, leading to the emergence of companies selling hemp-derived cannabinoids. Some have taken it further by synthesizing these non-intoxicating compounds into more potent ones like delta-8 or delta-9 THC.

PHOTO Maheshkumar Painam

Germany’s Cabinet Approves Draft Cannabis Legalization Proposal

Germany has taken a significant step towards modernizing its cannabis policy. The nation’s federal cabinet has given the green light to a draft legalization measure, marking the first phase of this transformative effort spearheaded by Health Minister Karl Lauterbach. The proposal is now going to the Bundestag, the country’s legislative body, for further evaluation.

The proposed measure aims to legalize personal cultivation, possession and consumption of cannabis for adults in Germany. The plan also entails the establishment of non-commercial cannabis clubs, which would distribute cannabis to their members. However, certain limitations would apply, including purchasing caps, designated ‘buffer zones,’ restrictions on club numbers per jurisdiction and a maximum membership limit of 500 individuals per club. The next phase of Germany’s cannabis policy reform will involve the implementation of regional cannabis pilot initiatives.

Photo courtesy of Cann

Cann Takes Roadie to 31 More States

Cann, the leading cannabis beverage brand, has expanded its Roadie product to 31 new states. Initially available only in California, these convenient drink sachets are perfect for on-the-go consumption. With no powders, it’s as easy as tear, pour and mix into any drink.

Roadie comes in Cann’s three core flavors: Grapefruit Rosemary, Blood Orange Cardamom and Lemon Lavender. Each Roadie sachet delivers a perfectly balanced and social experience thanks to a balanced 2mg of THC and 4mg of CBD.

“Edwin Eats An Edible” Kickstarter Now Live

Meet Edwin and his friends as they introduce a range of diverse ways they live their lives with plant medicine. The new book by 69&Sunny, Edwin Eats An Edible is an alphabet-style illustrated journey that celebrates the wonders of cannabis for adults—is now live. Launched this week and running until September 14, the Kickstarter campaign aims to secure the necessary funds for the completion and fall publication of the book.

This innovative project is brought to life by 69&Sunny, a Philadelphia-based arts collective founded by real-life cannabis-focused couple Calan and Bryce, who’s personal health journey and exploration of cannabis medicine inspired them to educate the local community through art.

The book features an introduction by Dr. Rachel Knox, an endocannabinologist and cannabis medicine specialist. With a blend of humor and curiosity, the initiative aligns with 69&Sunny’s mission to create inclusive spaces for learning and growth.

The post Week in Review: Half of US Adults Have Tried Cannabis, Gallop Poll appeared first on Cannabis Now.

DEA Confirms Delta-8 THC Synthesized from CBD is Federally Illegal

August 16, 2023 Published by

Summary: A letter from 2021 by the U.S. Drug Enforcement Administration’s Drug & Chemical Evaluation Section Chief Terrence Boos reveals that the DEA considers delta-8 THC, synthesized from CBD, to be federally illegal.

Hemp-Derived Delta-8 THC Considered Federally Illegal by DEA

A recently disclosed letter confirms the U.S. Drug Enforcement Administration’s stance that delta-8 THC synthesized from CBD is federally illegal. This perspective encompasses the majority of consumer delta-8 products available in the market.

The letter, penned in 2021 by the DEA’s Drug & Chemical Evaluation Section Chief Terrence Boos, was unveiled last week by attorney Shane Pennington on his “On Drugs” Substack. Boos stated, “Arriving at delta-8-THC by a chemical reaction starting from CBD makes the delta-8-THC synthetic and therefore, not exempted by the [Agriculture Improvement Act]. Any quantity of delta-8-THC obtained by chemical means is a controlled substance.”

The Agriculture Improvement Act, commonly referred to as the 2018 Farm Bill, permitted states to launch their hemp programs. This led to a surge in companies selling hemp-derived cannabinoids including hemp-derived THC. Some of these businesses took it a step further by synthesizing hemp-based cannabinoids into more psychoactive substances like delta-8 or even delta-9 THC.

Pennsylvania CBD Store Owner Arrested Over Delta-8 THC Sales

And in Pennsylvania they lail you for selling Delta 8…

This letter clearly articulates what many experts have speculated for some time. The DEA, in a presentation on May 4, conveyed its support for classifying all synthetic cannabinoids containing THC, including hemp-derived delta-8 THC, as federally controlled substances. Furthermore, in February, Boos communicated to another attorney that minor cannabinoids, including delta-8 THCO and delta-9 THCO, are illegal since they can only be synthesized and do not occur naturally, as reported by Marijuana Moment.

It’s worth noting that while delta-8 THC does naturally exist in cannabis plants, it’s only in trace amounts. The majority of consumer delta-8 products are synthesized from CBD.

Source: Ganjapreneur.com

Keep Yourself Informed!

The legality of hemp is changing…






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AI Disclaimer: This news update was created using AI tools. PsychePen is an AI author who is constantly improving. We appreciate your kindness and understanding as PsychePen continues to learn and develop. Please note that the provided information is derived from various sources and should not be considered as legal, financial, or medical advice.

Delta-8 THC’s Legal Status Challenged in Arkansas Court

Delta-8 THC legality is under fire

The post DEA Confirms Delta-8 THC Synthesized from CBD is Federally Illegal appeared first on Cannadelics.

DEA Chief Seeks Clarity on Cannabis Rescheduling

August 11, 2023 Published by

U.S. Drug Enforcement Administration Administer Anne Milgram told lawmakers that she will seek clarity from the Department of Health and Human Services on the timeline for the Biden administration’s review of the scheduling of cannabis under the Controlled Substances Act. The commitment to lawmakers came at a recent congressional legislative committee hearing, where lawmakers questioned the DEA head on scheduling review. President Joseph Biden ordered his administration to review the scheduling of cannabis under federal drug laws in an executive order last year, at the same time pardoning thousands of federal convictions for marijuana possession.

Marijuana is currently classified as a Schedule I substance under the Controlled Substances Act (CSA), a designation indicating that a drug has no accepted medical value and a high propensity for abuse. The classification groups cannabis with more dangerous and addictive drugs such as heroin, making marijuana difficult to research and illegal at the federal level. The federal cannabis ban continues despite broad reforms by states across the nation that have resulted in the legalization of adult-use cannabis in 23 states and the legalization of medical marijuana in 38 states.

Biden Called for Scheduling Review Last Year

Biden called for the scheduling review in October 2022 when he pardoned thousands of federal marijuana possession convictions. At a hearing of the House Judiciary Crime and Federal Government Surveillance Subcommittee late last month, Republican Rep. Matt Gaetz of Florida asked Milgram how the administration’s examination of cannabis scheduling was progressing. Milgram told the committee that the Department of Health and Human Services (HHS), which is conducting a scientific review of cannabis, had not yet submitted a scheduling recommendation. Once the HHS submits its recommendations to the DEA, she added, the agency will conduct its own review and open a public comment period before making a final determination on rescheduling cannabis under the CSA.

“We have constant conversations with HHS and with FDA, but we have not been given a specific timeline” for the scheduling review, Milgram told lawmakers.

Gaetz then asked Milgram if she would request such a timeline from HHS. “I will ask,” the DEA head replied. Gaetz probed further, asking Milgram if the DEA had any reason to oppose removing cannabis from Schedule I of the CSA. She told the congressman that she “couldn’t prejudge it at this point in time” without input from HHS and the DEA’s own review of cannabis.

“As the head of the DEA, I will ultimately be responsible for signing off on what the scheduling is,” Milgram said.

Gaetz then requested that the DEA consider evidence showing that legalizing and regulating cannabis has resulted in a reduction in prescriptions for opioids as it conducts its review and formulates recommendations on the rescheduling of cannabis.

“You have my full commitment, congressman, that I will keep an open mind. I will look at all the research,” she said. “I expect that we will get additional public comment or research that comes in, and I will look at all of it.”

Gaetz wrapped up his questioning of Milgram by noting that removing marijuana from Schedule 1 of the CSA would ease restrictions on cannabis research. Rep. Steve Cohen, a Democrat from Texas, then backed his Republican colleague, noting that throughout his 17 years in Congress, he has heard “governmental gibberish about marijuana” from the executive branch.

“The government has messed this up forever—and you need to get ahead of the railroad,” Cohen told Milgram. “You’re gonna get something from HHS. Biden understands that should be reclassified. He said from [Schedule] I to III,” jokingly adding that “it ought to be classified from I to 420, and we ought to just clean it up and get over with it.”

At one point during the committee hearing, Milgram told lawmakers that Biden “had sent a letter to the secretary of HHS and to the attorney general to ask for the scheduling—descheduling process to begin.” Matt Zorn, an attorney, then filed a Freedom of Information Act request asking for a copy of the president’s letter. Last week, the HHS responded to the request, writing that the agency had “conducted a search” concluding that “there are no records responsive to your request.” Zorn then published an open letter to Gaetz, calling on him to “follow up with DEA” about the letter cited by Milgram, which could provide transparency into the administration’s review of cannabis scheduling.

“There are aspects of this process that the public doesn’t need to, and probably shouldn’t, be privy to,” Zorn told Marijuana Moment on Thursday. “But the basic milestones like the document that starts the process, we should be able to examine. Congress should have it; the public should have it. That’s not asking too much.”

The post DEA Chief Seeks Clarity on Cannabis Rescheduling appeared first on Cannabis Now.