The policy update concerning cannabis ads is a bit confusing considering that the current marijuana law already forbids cannabis advertising “in public transit vehicles and stations.”
As New York continues to update on its cannabis-related rules and regs, an odd one seemed to slip into the books on Wednesday as the Metropolitan Transit Authority (MTA) banned all cannabis and psychedelic mushroom ads on subways, buses and trains, reported Marijuana Moment.
The advertising policy update comes after the MTA reached a settlement in a case related to a sexual wellness brand, Dame, which had been underway for the past three years. In that case, Dame will be permitted to advertise under certain restrictions, yet the MTA decided that weed and psychedelics are off limits.
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“The revised policy includes certain provisions that were part of past policies (with some amendments), and adds new restrictions based on changed circumstances,” the MTA stated. “For example, the revised Advertising Policy explicitly bars advertising for cannabis products, following the decriminalization of recreational use of such products in New York State.”
(Un)Necessary Policy Update?
“MTA will not accept any advertisement for display in or on the Property if it falls within one or more of the following categories of prohibited advertising…
16. Promotes tobacco, nicotine, or any tobacco-related or nicotine-related product; any alcohol product; cannabis or any cannabis-related product; or hallucinogenic mushrooms or hallucinogenic mushroom-related product.”
The Big Apple Never Did Like Smoking — Or So It Seems
New York City has some of the strictest anti-smoking laws in the country. The Smoke-Free Air Act has been in effect since 2003. Ongoing legislation since then has seen the prohibition of smoking in all workplaces, bars, small restaurants and, most outdoor venues. Indeed, one would be hard-pressed to encounter someone smoking on the street in the Big Apple.
This policy update concerning cannabis ads, however, is a bit confusing considering that the current marijuana law already forbids cannabis advertising “in public transit vehicles and stations.” Psilocybin mushrooms and other psychedelics are still illegal in the state and under federal law. Therefore, one may wonder if it was a necessary update.
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Among other policy changes and updates confirmed since New York State’s legalization took effect in March, one of the most significant was the employee cannabis testing policy update. In October, New York became the first state in the Union to prohibit employers from testing most employees for cannabis.
In addition, just this week New York Senator Jeremy Cooney (D) proposed a bill that would allow transgender and non-binary people to qualify as social equity applicants under the state’s cannabis law.
It can take a while to feel the effects of edibles, but there are a few tricks that can help you get your desired results faster.
It’s a crapshoot with edibles. You never really know if you’ve consumed enough of them, because their effects don’t hit you until you’ve waited at least an hour after you’ve consumed them. This often results in the common scenario of inhaling an entire batch of delicious pot brownies only to spend the remainder of the day rocking yourself back and forth. Here are 3 trick to get cannabis edibles to kick-in faster.
Unlike other forms of cannabis that get you high within the hour, edibles require patience, timing, and the correct dosage, which is a lot to ask of someone who’s never had experience with them.
A lot of people stop themselves from enjoying the perks of infused food products because of the long wait time and their unpredictability. While these challenges are adaptable and manageable, there are some ways of making edibles affect you faster.
Fast-Acting Edibles
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One of the most interesting developments within the cannabis industry are fast-acting edibles, designed to bypass the wait time. Known as “rapid delivery,” these edibles are being developed by companies who claim that you’ll start feeling their effects within 15 to 20 minutes.
In an interview with Forbes back in 2017, Peter Barsoom, founder of cannabis company 1906, explained that his company began to make rapid delivery edibles thinking about people who didn’t have six hours to wait around for their edible to hit, aka, everyone who’s not consuming an edible on a weekend. This new formula allows edibles to “bypass the stomach and get into the small intestine faster,” through a process called proprietary lipid microencapsulation.
Sublingual Edibles
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A trick savvy consumers can try is to purchase edibles that melt — like chocolate or mints — and then placing it under their tongue. Instead of waiting for the edible to make its way down the digestive track, this sublingual method allows the THC to be quickly absorbed by the bloodstream, much like a tincture or oil, which are among the quickest way to absorb THC.
Increase Metabolism
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Tougher to hack, but just as important, is the speed of your metabolism. Although increasing it won’t be possible within a short span of time, over the long run, you can work on speeding up your metabolism by consuming enough calories, drinking water, working out, and getting plenty of sleep, which will also likely result in a healthier body and mind.
There’s a lot of perks associated with edibles, not only because you’ll stop ingesting smoke and vapor. Edible highs are strong and can be fun, especially when people learn how to manage them. Still, if you’ve never tried them, don’t be intimidated by the newness of edibles. In order to see for yourself how they work and if they’re the right fit for you, you’ll just have to experiment.
If these states do move forward with the legalization of adult use recreational cannabis, the fight for the end of nationwide cannabis prohibition could be reaching its finale.
The amount of states where people can walk into a dispensary and buy their favorite cannabis products, just like alcohol, have been steadily increasing over the course of the past decade.
Given the number of states that currently collect voter signatures in hopes of getting legalization on the ballot during the 2022 midterm elections, it seems as though the trend of legalization won’t be ending any time soon. Numerous states where the notion of legal marijuana was never considered a possibility, could introduce legalization of recreational cannabis as early as next year. Here are a few.
Fortunately for those who do support the sale and use of recreational cannabis in the state, there’s a current constitutional amendment legalizing adult use cannabis for adults who are 21 and older, and would allow for the home grow of 18 plants. In order for the amendment to reach voters on the 2022 ballot, they need to collect 891,000 valid signatures before February 1, 2022.
Ohio
Another state with a fairly conservative reputation that’s changed its tune on recreational cannabis legalization is the Buckeye State. Back in 2015, a previous ballot measure legalizing recreational cannabis, but restricting the cultivation and sales to a select few individuals failed. Research shows that 53% of Ohio voters would support the legalization of cannabis for recreational adult use, so it’s no surprise that the push to legalize it hasn’t ended with the failure of issue 3 in 2015.
A current effort to regulate marijuana like alcohol is being led by cannabis activists who are seeking to legalize cultivation, manufacturing, sales and use for Ohio adults at least 21-years-old. The proposal would also place a 10% tax, on top of local sales tax on recreational cannabis sales to support social equity and substance abuse education efforts.
In order for the ballot measure to reach voters in November 2022, the Coalition to Regulate Marijuana Like Alcohol needs over 130,000 valid signatures to present to the state legislature at the top of the year.
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Maryland
Since recreational cannabis was originally legalized in the nearby District of Columbia back in 2014, it was likely only a matter of time before the discussion would begin amongst lawmakers in Maryland. Those discussions have finally begun taking place as of September 2021. There’s currently a group in the Maryland House of Delegates studying what it would take to get legal cannabis to Maryland residents within the coming year. That’s welcome news for Marylandians since a recent study shows that two thirds of them would welcome the legalization of adult-use marijuana.
The state legalized medical marijuana back in 2017, and has been received to warm reception — the program has amassed $100 million in sales since it was introduced. If that’s any indicator for how legal recreational marijuana would be received, then it’s likely that it would become big business for the entrepreneurs who get involved early.
Pennsylvania
Given the fact that both its neighbors, New York and New Jersey, have legalized cannabis for recreational adult use in recent years, it’s only natural to assume Pennsylvania to be the next domino to fall. The fact that Governor Wolf gave the green light for the legalization of marijuana use for medicinal purposes back in 2016 should only make the path to legalization for recreational purposes that much smoother.
There are multiple marijuana legalization bills that could become lawcurrently. One is led by a house republican, which lacks provisions for record expungement for nonviolent marijuana crimes while another is a bipartisan effort that includes both of those provisions. The passage of either provision would be a welcome development for Pennsylvanians, as 58% of Pennsylvania residents support legalization.
The 2022 midterms have the potential to be much more than a referendum on the Biden agenda. Election day 2022 could very well be the last bastion of prohibition in a handful of states. If those states do move forward with the legalization of adult use recreational cannabis throughout the course of 2022, the fight for the end of nationwide cannabis prohibition could be reaching its finale.
Most people who live on the street or who are hooked on drugs need stability and purpose. They don’t need the government telling them what they can and cannot consume.
Recently, a Congresswoman sent a letter to the Department of Housing and Urban Development to encourage them to allow people to use public housing despite their cannabis use — especially in states where use is legal.
Rep. Eleanor Holmes Norton, the congresswoman who sent the letter, hopes that this would help people seeking public housing the freedom to consume a legal commodity in their state and still have shelter from the elements. Unfortunately, HUD Sec. Marcia Fudge, a Biden appointee, responded in a letter which Norton released to the public.
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Unfortunately for people seeking public housing, it seems that the Biden Administration is going full “Soup Nazi” on the whole cannabis thing, despite them claiming that they are progressively working to reform cannabis laws.
The Department of Housing and Urban Development denies anyone who uses marijuana to live in assisted living facilities, even if it is for medical cannabis.
The problem with this position is that it seems to directly contradict all of the alleged “promises” made by the Biden Administration and seems to double down on the status quo. Of course, some people would say, “Well, it is the law!” However, that is an excuse that within the current political climate won’t go far.
There is no scientific evidence to suggest that cannabis has any impact on the moral nature of a user and to deny assisted living simply because of use seems to be arbitrary at best. Nonetheless, let’s take a closer look at the letter published by Norton.
Understanding the Spirit of the Letter
The HUD referred to the following statute as the reason why they “can’t” comply;
“(1) Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, shall establish standards that prohibit admission to the program or admission to federally assisted housing for any household with a member—
who the public housing agency or owner determines is illegally using a controlled substance.”
In other words, because cannabis is a federally prohibited drug, they are not able to do anything about it. They say that unless the law changes, they do not have the “discretion” to admit users of marijuana, including those using it for medical purposes.
U.S. Rep. Eleanor Holmes Norton (D-DC), Photo by Joshua Roberts Pool/Getty Images
“Americans are continually evolving on the issue of marijuana use, with rapidly increasing in support. This response shows even more why Congress should enact my bill that would permit marijuana use in federally assisted housing in compliance with state law.”
Activists are also disappointed that the federal government is relying on a seven-year old statute that is more of a guidance as opposed to a “rules”. Justin Strekel, the political director of NORML had the following to say on the issue:
“It is a travesty that the Biden administration would prioritize process over people when it comes to a fundamental need such as housing for those who consume cannabis,” Justin Strekal, political director of NORML, told Marijuana Moment. “With millions and millions of registered medical marijuana patients around the country, disproportionally among them veterans, action must be taken to respect the dignity of our fellow citizens.”
Banning Substances From Public housing Is Counter Productive
The idea behind the ban is to deter people from using drugs. However, people who are typically living on the streets suffer from one addiction or another. You can see in California, many people opt out of public housing for the mere fact that drug use and curfews are in place.
People who are suffering and living on the streets, have a high chance of consuming illicit drugs. Whether it’s trying to cope with the misery of living on the streets or a form of self-medication, to ban people from public housing doesn’t make them stop consuming drugs. It simply makes life more difficult for them.
Now I know some of you may be thinking, “Are we really going to pay for people doing drugs and living in public housing?” of which I would respond, “YES!”
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Whether someone does drugs or not is irrelevant. Most people living on the streets are there for a few core reasons:
A string of unfortunate events
Mental illness
Lack of assistance from friends/family
I know, because for six months, I traveled California in a van hanging out with the homeless and getting to know them. They don’t need to be “saved from drugs” as much as they need a “leg up”.
In Switzerland, they had a problem with heroin a few years back. Their solution was to provide free clinics where addicts could get their drugs without any requirement. They could get public housing and were never told to quit or go into any type of program.
Some thought that this would encourage people to consume more drugs but the truth is that it had the opposite effect. Fewer people started doing heroin and the median age of an addict rose to the mid-thirties. In other words, new addicts stopped showing up.
Why is this? Because most people who live on the street or who are hooked on drugs need stability and purpose. They don’t need the government telling them what they can and cannot consume. If you were to give them the opportunity to choose a better life, nine time out of 10 people choose to pull though and make something of their life.
Why? Because people don’t “want” to do heroin; they do it because they are hooked and have no other choice.
Of course, weed is not heroin but that’s the point. Weed is so benign compared to the other drugs on the market that to deny people public housing is simply a declaration on how out of touch you truly are when it comes to modern society.
I’m trying to hold my punches on the Biden Administration, however, they are pretty much digging their own grave at this point. The Democrats seem to have lost touch with the common person in America.
Psychedelic use may provide a window of opportunity to kick drug addiction, according to a recent study.
While there’s certainly no magic pill to cure addiction and emotional ills, psychedelics can at times position people in the right frame of mind to reach for that lofty goal. And now scientific data is supporting the notion that psychedelics may decrease opioid dependence.
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A new study by the International Journal of Drug Policy — an organization dedicated to research, debate and critical analysis on drug use and drug policy — is showing that individuals who use psychedelic substances may have considerably reduced odds of subsequent daily opioid use.
Drawing from data ranging between 2006 and 2018 in Vancouver, British Columbia, researchers polled a total of 3,813 individuals who reported substance misuse disorders. Of the group, 1,093 described illicit opioid consumption and 229 said they’d used psychedelics in the past six months.
Researchers discovered from the cohort that “recent psychedelic use was associated with 55% reduced odds of daily opioid use.”
The authors noted that while the study was conducted in a naturalistic setting, as opposed to clinically where data is viewed as more rigorous, there is a growing body of evidence worldwide indicating that psychedelic use may be associated with detectable reductions in addiction disorders. For instance, studies being conducted atJohns Hopkins Center for Psychedelic and Consciousness Research are showing that in clinical settings psilocybin is helping patients to facilitate smoking and alcohol cessation.
Anecdotally, there are many examples of people caught in addiction cycles, riding an endless, revolving door of addiction to rehab and back to addiction, who eventually find solace from drug cravings using psychedelic therapies.
Such was the case of Adrianne from Vancouver, British Columbia, who is the subject of the documentary “DOSED.” The film follows the 34-year-old through a living nightmare as she attempts to kick a 10-year opiate habit. She shares how her drug use began at the age of 15 with alcohol acting as her gateway drug, which ultimately led to harder substances like cocaine and heroin.
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Through the use of psilocybin, Adrianne begins to discover the usefulness of psychedelics to get at the core of her issues. After continually backsliding into addiction, she seeks help with the powerful psychoactive ibogaine, a drug derived from the African root iboga. Through a harrowing experience, she eventually finds solace.
Several years after kicking her drug addiction, Adrianne credits psychedelics with offering her a window of opportunity to approach her issues.
“I feel like psychedelics have connected me more with myself and I have a better connection with what’s going on inside me,” she says. “Whereas before, when I was using harder drugs and not doing any kind of personal development, I would just feel in our turmoil. I would feel not right. And I would reach for something to numb it out. Now I feel like I’m more connected.”
Cannabis benefits women in a variety of ways. It can provide pain relief and improve their quality of life over the years.
Medicine has historically skewed towards the male population. More than simply being an annoying fact, this has resulted in a lot of ignorance surrounding issues like menstruation, which plague women to varying degrees. Marijuana has appeared as one of these alternative medications, providing benefits and increasing women’s quality of life.
The medical benefits that cannabis offers to women are huge, especially when compared to the traditional treatments that are currently available. From PMS to menopause to endometriosis, cannabis could act as an exceptional source of relief for women throughout their lives.
Menstrual Cycles & PMS
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Menstrual cycles are essential for a healthy reproductive system, and they’re also incredibly annoying at best, painful and crippling to a large percentage of women. Menstrual cycles commonly cause symptoms such as mood swings, cramps, and nausea among others depending on the person and the severity of their cycle. The good news is that cannabis provides alternative treatment options that are effective and natural, particularly for the physical pain part of it.
Menstrual cramps are very common. Curiously, cannabis use for cramps dates back to the 1800s, when it was rumored that Queen Victoria utilized the plant for treating her cramps. We’re sure she was one of the most notorious patients to use this alternative to pain, not the only one.
Mood swings are more difficult to treat, and vary drastically from person to person. Still, weed could be useful in helping people relax their brains and their muscles, alleviating pain and adding some joy into your days.
Menopause
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Menopause is another inevitability for women. For most, menopause occurs later in life but there are cases where the condition is accelerated due to medical conditions..With menopause comes an array of different side effects and health concerns.
The body naturally produces an endocannabinoid known as anandamide, which together with the endocannabinoid system helps regulate body temperature. Studies have shown that replacing anandamide with the phytocannabinoid THC can help regulate and even lower body temperature. This means that cannabis could combat hot flashes and night sweats, some of the most common side effects of menopause.
The consumption of cannabis could also help with anxiety, insomnia, and depression, all of which are afflictions that at times affect women going through menopause.
Revitalizing workouts
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A lot of people use cannabis to help them get excited over working out, doing so with more focus and enjoyment. Despite the age-old stereotypes and stigma surrounding munchie eating stoners, there’s scientific proof that individuals who consume cannabis on a regular basis maintain a lower overall body mass index.
Studies have shown that exercising activates the ECS in the same manner that consuming cannabis does. This means that oftentimes the effects of exercise such as “runner’s high” are very similar to actually getting high off of THC. For this reason, many individuals are choosing to consume cannabis before and after their workouts to enhance the effects of both their exercise routine as well as their cannabis.
Cannabis could stand to benefit women in a multitude of ways throughout their lives, providing pain relief while also improving their quality of life.
Some say marijuana has the ability to return those with anxiety or altered sleep habits back to a normal rhythm.
The last two years have tested the mental strength of millions. Sleep in particular has been a struggle for many as anxiety skyrocketed and routines broke and shattered during the pandemic. The term “coronasomia” was even coined by doctors, while pharmaceutical sleep prescriptions increased 20%.
While some people opted for pharmaceutical relief, many suffered through their restless legs and anxiety. Still others opted for another kind of sleep remedy — cannabis.
“As people grapple with anxiety and insomnia, they are turning to cannabis because of its effectiveness and ease of treating such a variety of stress-related conditions,” Ganja Goddess CEO, Zachary Pitts, wrote in an email toForbes.
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Marijuana has been used as a sleep aid discretely for generations. Over time, word has spread of its calming and relaxing effect on those who use it.
“Research on the possible sleep effects of cannabis date back to the 1970s, but high-quality studies are scarce because of the drug’s legal status,” wroteMedical News Today. The research may not be nearly as extensive as with other sleep aids, but it has not deterred many from turning to it, especially in recent times.
Some say marijuana has the ability to return those with anxiety or altered sleep habits back to a normal rhythm. “Marijuana is an effective sleep aid because it restores a person’s natural sleep cycle, which so often falls out of sync with our schedules in today’s modern lifestyle,” Dr. Matt Roman, a medical marijuana physician toldHealthline.
With the limited amount of testing performed using cannabis on sleep patients, the most noticeable patterns have been found in those with existing sleep issues. Many with nightmares, anxiety and even PTSD have shown improvement when occasionally using cannabis as sleep therapy.
According toPsychology Today, “Among people with active difficulty falling asleep, cannabis use resulted in an average of 30 minutes less time in falling asleep.” The study also continued, mentioning that those who normally did not have trouble sleeping fell asleep even faster than normal.
If you opt to try cannabis to help you sleep, you may find yourself overwhelmed with your choices when it comes to strains and potencies. It is important to remember that sleep issues are often individual problems that have unique solutions.
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“Due to its relaxing effects, indica may be considered the best marijuana strain for sleep. However, individuals who use cannabis to avoid nightmares may prefer sativa,” according toSleep Foundation.
Different strains may be more effective than others based on the root cause of your sleeplessness. If you try using cannabis as a sleep aid, it’s wise to keep track of the type you use and the quality of your sleep. As you find what works best for you, continue to use it and play with the dosage in order to fine-tune where needed.
If you decide to use cannabis to help you sleep, remember to use it as a therapy rather than a nightly routine. If you use cannabis constantly for sleep, it may lose its effectiveness, requiring you to use more and more to achieve the same results.
Under the current cannabis law in New York, licensing priority is given to women-owned enterprises and other marginalized groups affected by the War on Drugs.
New York’s cannabis program continues to produce novelties, with the most recent being a bill that would allow transgender and non-binary people to qualify as social equity applicants under the state’s cannabis law.
Senator Jeremy Cooney (D) presented the legislation in a bid to deal with an “unintended consequence” of the recreational marijuana law that would otherwise “force certain individuals from choosing between their gender identity and receiving priority for a license,” reported Marijuana Moment.
Photo by Volodymyr Bondarenko / EyeEm/Getty Images
Under the current cannabis law in New York, licensing priority is given to women-owned enterprises and other marginalized groups affected by the War on Drugs.
The issue now concerns persons born biologically female and then transitioned or who identify as nonbinary. They would have to decide what to fill out on their application if they want to obtain equity benefits.
“This bill will include transgender and gender-nonbinary individuals in the social and economic equity plan giving them priority in licensing…Every New Yorker deserves the right to express and identify their gender as they choose,” the legislation says.
“The social equity aspect of the [Marijuana Regulation and Taxation Act] is meant to uplift historically marginalized groups through economic opportunities in the cannabis industry and this bill furthers that effort,” it continues.
The legislation, filed on Friday, has been referred to the Senate Rules Committee for consideration.
The proposed bill comes some eight months after former Governor AndrewCuomo signed recreational marijuana into law, making New York the 15th state to legalize recreational cannabis. During that time, the state announced several policy changes and updates with one of the most significant being its employee cannabis testing policy. In October, New York became the first state in the Union to prohibit employers from testing most employees for cannabis.
A new study finds further evidence that suggests women should avoid cannabis when pregnant. Here’s why.
Cannabis use among pregnant women has long been a controversial issue, with too many unknown factors for anyone to endorseme the behavior. Now, a new study shows evidence that consuming cannabis while pregnant could put the unborn child at risk for developing mental and behavioral problems in infancy and childhood. And this isn’t the first study of its kind.
Published in the journal Proceedings of the National Academy of Sciences, the research was led by neuroscientist Yasmin Hurd, who wanted to have a clearer understanding of the drug’s impact now that it’s increasingly available.
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The study counted with the data from a larger study conducted on stress and pregnancy, which looked into stress and how that affected the development of the fetus. The new study narrowed its focus on 322 mother-child pairings; of these women, 71 reported using cannabis while pregnant.
While the sample size is substantially small, the study found connections between cannabis use during pregnancy and higher levels of stress, anxiety, aggression and hyperactivity in children. The most substantial finding of the study was the fact that there were genetic changes reported in the placentas of these women, serving as further evidence for the aggression and hyperactivity symptoms reported in their kids.
These findings were present in the hair samples of the children, which had more cortisol than the offspring of mothers who didn’t consume cannabis, and in behavioral assessments, where researches reported more aggression and hyperactivity.
Cannabis has become an alternative medicine to treat a wide variety of conditions, including symptoms of pregnancy such as vomiting and nausea. Still, the evidence that exists regarding cannabis use and pregnancy suggests the drug should be viewed similarly to smoking and consuming alcohol while pregnant.
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“There are studies which have linked its use to miscarriage, low birth weight and premature birth. We have also seen in studies in the monkey that THC will pass through the placental barrier into the fetus, however the fetus does not readily metabolize the THC,” wrote Dr. Thomas Green when asked about his thoughts on using cannabis while pregnant.
In order to treat symptoms of pregnancy, its best to stick to methods that are the safest as possible for the fetus. The link between cannabis and pregnancy isn’t wholly understood, but there’s enough red flags there that should make pregnant people wary and careful.
Everyone in the cannabis world is reporting on or talking about this bill. I’m glad to see that. It will definitely get worked over in the House for a variety of issues, I have no doubt.
I feel like we’re living in an upside down world when it comes to cannabis legalization at the federal level. The main reason being that Dems, despite in being in full control of Congress and the White House, just can’t get the ball across the line on a number of cannabis reform bills. This includes bills on banking (see the SAFE Banking Act, which has passed the House no less than five times) and overall federal legalization (see the MORE Act as well as its sister Senate legislation, the Cannabis Administration Opportunity Act (“CAOA”)).
A lot of this gridlock is due to political jockeying over other issues that take priority, like COVID recovery, infrastructure, etc., and because, as Senate Majority Leader Chuck Schumer admits, there aren’t enough votes in the Senate to get anything done around the issue. To add to the feeling we may be living in the Twilight Zone, a Republican Congresswoman, Nancy Mace, out of South Carolina, just introduced a cannabis legalization bill called the States Reform Act (“SRA”). Why is Rep. Mace’s cannabis bill significant? Because she’s a junior Republican representative in the House (from the southeast, no less). The SRA is probably also the most significant reach “across the aisle” we’ve seen between our two (leading) very polarized political parties. It’s possible that this bill has a better chance of making it through the Senate.
Photo by Melinda Podor / Getty Images
The 131-page bill is essentially focused on preserving state’s rights while implementing a much lower federal excise tax than we’ve seen in either the MORE Act or the CAOA. The SFA would also expunge the criminal records of non-violent, non-cartel, non-DUI cannabis offenders. Mace’s bill, while decriminalizing cannabis completely and getting it off of schedule I, would also have the Feds regulate cannabis like alcohol while deferring ultimately to the states on licensing and other commercial regulations. That part isn’t surprising in the least.
If you want the quick and dirty overview of the bill, here’s the one page summary from Mace’s office. Here are the other main business and regulatory highlights as we see them:
Role of the FDA and USDA
If this bill passes, the Food and Drug Administration (“FDA”) won’t have much of anything to do with cannabis outside of legitimate medical applications. The United States Department of Agriculture (“USDA”), on the other hand, will have a major role in providing the federal regulatory framework for cannabis farmers (and for “raw cannabis” as opposed to final commercial cannabis products). The USDA role will be similar to how its oversight of “. . . other traditional agricultural commodities, such as grain, hops, and barley”.
The bill goes on to describe how Tribes and States will submit cultivation plans for raw cannabis to USDA for approval, (and which will essentially contain their regulatory, licensing, and compliance oversight programs). In the event a Tribe or State doesn’t develop a plan or the plan is rejected by USDA, then growers will just follow the overall system put together by USDA (these directives are very similar to the standards set out in the 2018 Farm Bill, legalizing hemp).
State prohibition is OK
If states want to prohibit commercial cannabis activity within their borders, they are free to do so.
TTB will permit and regulate interstate commerce
Interstate commerce of cannabis and cannabis operations will be permitted and regulated by the Alcohol and Tobacco Tax and Trade Bureau of the Department of Treasury (“TTB”). The Secretary of Treasury, acting through TTB, will be in charge of the federal track and trace system for cannabis products in interstate commerce. And a safe harbor is in place for pretty much all interstate commercial cannabis activity after passage of the bill and until the Secretary promulgates all final regulations under the SRA (of course, that commercial cannabis activity must still be in line with applicable state cannabis regulations).
As to the permit itself, there are conditions on its receipt. A permit will be denied if an applicant:
(i) has been convicted of a disqualifying offense, (ii) by reason of business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law; or (iii)
that the operations proposed would violate state cannabis laws; or (iv) the applicant “failed to disclose any material information required or made any material false statement in the application,” they’re not getting a permit.
The list of “disqualifying offenses” includes a felony conviction anytime in the three years before permit application or a misdemeanor conviction within one year before permit application. There are a couple of exceptions to this list, probably the most important one being that the offenses won’t qualify if a state is examining the issue and still willing to give a state license regardless of the offense. Plus, any state licensed cannabis business that’s operative before the bill passes will be grandfathered in when they apply to TTB to do business under the federal permit (and so will any cannabis businesses licensed by a state after the bill’s passage).
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Note that on the TTB permit fee, for the first three years after the bill’s passage, cannot exceed $10,000 per permit (and fee waivers apply for certain kinds of businesses under the Small Business Act). Also, rules around changes of ownership of these permits don’t look too onerous (yet).
The enforcement role moves from DEA to ATF
When it comes to enforcing federal cannabis regulations, the Drug Enforcement Administration (“DEA”) is out and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) is in (in addition to TTB as the primary overseer). And “Cannabis” would even get added to the agency’s name.
Advertising and promotion
There are call outs in the bill specifically regarding advertising and promoting cannabis products and protecting minors (I imagine that the Feds will borrow heavily from state regulations that already well cover this topic).
Age limits (21)
The federal age limit for cannabis use will be 21 with certain exceptions made for those individuals under 21 using medical cannabis in line with applicable state laws that allow it.
Federal Alcohol Administration Act control
Both ATF and TTB will adhere to the Federal Alcohol Administration Act (“AAA”) when it comes to enforcement of future cannabis regulations (which, the AAA will be changed to add cannabis and harmonize technical amendments between alcohol and cannabis). Regarding this Section 208 of the bill, the SRA policy brief states that:
“Mirroring the policy success of Congress’ Blaine Act with transitioning alcohol bootleggers to a safe, regulated legal market, the new Federal Alcohol Act provisions regarding cannabis grandfather existing state licensees into the new federal scheme and the barriers to entry for businesses are low to incentivize transition into a legal market.”
“Designated State Medical Products” and the FDA
“Designated State Medical Products” (which, per the bill, are to be used for specifically enumerated ailments under federal law) are getting added to the Food Drug & Cosmetic Act through the Designated State Medical Cannabis Product Safety Act. This piece of law “. . . ensures the continued access of medical patients and state medical cannabis programs—that serve millions of Americans with severe conditions such as epilepsy and seizure disorders without disruption to patient access” whereby such products will also be instantly grandfathered into lawful interstate commerce.
Per the policy brief, “[t]he FDA may still prescribe serving sizes, certify designated state medical cannabis products as a ministerial duty, and authorize new drugs or approved news uses of drug applications to create new pharmaceutical grade products, but may not prohibit the use of cannabis or its derivates in non-drug applications, such as in designated state medical cannabis products, dietary supplements, foods, beverages, non-drug topical solutions, or cosmetics.”
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SBA fairness
The Small Business Administration will now have to treat cannabis businesses like any other business, which means government loans should be available. The SRA again seems to contemplate cannabis businesses being treated like hemp businesses in this respect.
Taxes
The bill established the Cannabis Revenue Act, which imposes an excise tax of 3% on cannabis products along with a ten-year moratorium on any increases to “ensure competitive footing in the market”. Congress can waive the moratorium, but the vote to do so is pretty high. The tax attaches as soon as the cannabis comes into existence, and the bill contains various “removal price categories” (similar to alcohol and tobacco, which are taxed on quantities and pre-defined categories).
Provisions for veterans
The bill does a great job of supporting military veterans in that they can’t be discriminated against in federal hiring for having consumed cannabis, and finally the Veterans Administration will actually have to help vets gain access to state medical cannabis information and can openly discuss with them treatments with medical cannabis without legal consequence from the military when it comes to veteran medical benefits.
International law and treaties
International trade of cannabis could certainly open up under this bill where it mandates that “The President . . . and the United States Trade Representative shall send trade missions and engage in treaty-making with foreign jurisdictions that have legalized the import and export of cannabis to provide for the legal trade between the United States and foreign jurisdictions.” Translation, domestic and international barriers to the cannabis trade need to come down.
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Everyone in the cannabis world and their mother is reporting on or talking about this bill. I’m glad to see that. It will definitely get worked over in the House for a variety of issues, I have no doubt. The SRA’s chance of passing are unknown right now, but the buzz around it is enough to warrant legitimate attention as a serious contender for real reform. Stay tuned!
