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What To Do If You Missed Your Second COVID-19 Shot

A large percentage of people have been avoiding their second round of COVID-19 vaccinations. Here’s what experts are saying.

Whether accidentally or intentionally, a lot of people are missing out on their second COVID-19 shot.

Per the New York Times, about 5 million people have missed their second round of Pfizer and Moderna COVID-19 inoculations. Experts theorize this is due to people not being able to take the time off work, not being sufficiently internet-savvy, or believing there’s enough protection in that first shot. There’s also the belief that the second round of shots creates stronger reactions, causing people to be scared of getting their second round.

RELATED: You Can Now Book (And Get A Ride To) Your Vaccine Appointment Through Uber

Can You Get COVID-19 In Between Vaccine Dosages?
Photo by Spencer Davis via Unsplash

While 5 million people sounds like a lot, vaccines that require a booster shot have a larger degree of people missing out on their last round. “I thought that [CDC data] was pretty encouraging. While 8% is still millions of people, that still means that the vast majority of people are going back for their second shot, which is really good compared to a lot of other vaccines,” virologist Dr. Angela Rasmussen told DW.

While it’s believed that the first round of shots creates virus protection by up to 80%, the consequences of not getting the second booster shot are unknown. Protection from the first shot could fade without the influence of the second.

Still, if you had your first round and haven’t received your booster after a month, you should try your best to get your second dose. (Technically, you have up to six week to get your follow-up shot.)

RELATED: Are Employers Allowed To Issue COVID-19 Vaccine Mandates For Employees?

“It’s likely that getting a second shot, even at a later point in time, is still very beneficial,” Dr. Dan Barouch told ABC News. Despite not knowing the side effects of waiting longer to get your second shot, the majority of experts think that the second round will provide a decent response no matter how late the booster comes in.

One thing’s clear: The more people who wait for their second round of the COVID-19 vaccine, the more they’re exposing themselves and others to the virus.

Will Marijuana Destroy My Lean Muscle Mass

Enjoying weights but concerned about you muscle mass and marijuana, we got you

Around middle age, a lot of men make an effort to start going to the gym in an attempt to shrink that bulging gut and get back into shape. It happens to a lot of us. The years have a way of creeping up while we’re busy out there trying to earn a living and helping to raise families.

All of a sudden, we’re fat and 40-something, our chests are sunken in, and everyone calls us chicken legs when we walk around in a pair of shorts. Forget what the Internet tells you; Dad Bod is not in. The only people who find a squishy physique attractive are those who are out of shape. 

The good news is, all a man has to do is fix his diet and dedicate some time to cardio and strength training, and he can get himself back into fighting shape. You can’t turn back the clock, but you can wind it up again. In fact, many fitness conscious men claim to be in the best condition of their lives around middle age. Just take a look at 48-year-old Dwayne “The Rock” Johnson for further proof. It takes a lot of work to get to that point, though. After all, the body of an older male just doesn’t respond and recover like it did when he was 20. That’s the reason men, especially older ones, have to be careful not to do anything that can destroy their gains. 

want to get fit in 2018 cannabis can help
Photo by Brodie Vissers via Burst

Now that marijuana is becoming so prevalent across the United States, it stands to reason that more fitness-minded people will give it a try. Some athletes swear that it makes workouts more productive, some use it as part of their recovery process (to combat inflammation), and others just do it because it is fun, relaxing and doesn’t come with the mega-calorie count of alcoholic beverages. That’s another thing that older men must watch out for when trying to get themselves back in shape. Alcohol can make it challenging for a man to carve out his optimal body. 

But aside from causing the munchies — a side effect that makes ravenous, taco-crushing animals out of average men (and women) — marijuana doesn’t come with any well-documented detriments that make it difficult to keep fitness goals on track. Just be sure to stock the refrigerator with plenty of fruits and healthier snacks for when the munchies kick in. Otherwise, marijuana can pack on the calories just as much as booze. Pro tip: don’t keep junk food in the house. 

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Photo by Flickr user ThoroughlyReviewed

Still, men in their 40s are up against their own mortality, and that can mean lower testosterone — a male sex hormone produced in the testes and adrenal glands. As men get older, testosterone levels can drop, making it difficult for them to build lean muscle mass, maintain bone density and create a chiseled physique. Avoiding things like alcohol and fatty foods can help keep testosterone in check. So can lifting heavy weights. There is some research out there, however, that suggests smoking marijuana might be harmful to testosterone levels.

But can the herb, something that has therapeutic properties, really sabotage a man’s overall muscle mass? 

RELATED: New Study Confirms Cannabis Users Are Not Lazy Stoners After All

One study published in the Journal of Clinical Pharmacology says that it could: “Cannabinoid administration acutely alters multiple hormonal systems, including the suppression of the gonadal steroids, growth hormone, prolactin, and thyroid hormone and the activation of the hypothalamic-pituitary-adrenal axis,” researchers wrote. This means marijuana users might have a tougher time keeping the testosterone levels needed to get ripped. But researchers admit that “the effects in humans have been inconsistent,” and they believe “tolerance” may even play a role. 

fitness
Photo by Greg Roebuck

Other studies have found heavy marijuana use can lead to dramatic reductions in testosterone, while some have shown that it doesn’t. One study even shows that testosterone levels decrease after smoking weed, but those levels seem to return to normal after 24 hours. All in all the ill-effects of marijuana on testosterone remain a mystery. Still, it is more likely that a man will harm his testosterone production with a junk food diet (sugar) and a lack of exercise rather than smoking a little weed.  

RELATED: Smoking Marijuana Before Exercises Can Increase Workout Productivity

With that said, regardless of whether cannabis consumption is a factor, any man in his forties trying to get back into shape should consult with their doctor and have their testosterone levels checked. There are many replacement therapies available for men with Low-T. It is important, though, to be forthright with your healthcare provider about any marijuana use, as their treatment may need to be altered to account for this variable. There’s a chance it won’t matter to them at all.  

If you are worried about marijuana destroying your gains, don’t. With the proper focus on eating right and a consistent workout regimen, your body should respond positively, with or without pot.

Do Cannabis Legalization Efforts Suggest Joe Biden Is A Pawn For Big Pharma?

It’s obvious between this administration and the previous one that the system is fundamentally broken.

For those who are avid reefers, I mean readers of my work, you’ll know that my position on politicians aren’t of the “favorable kind”. The previous administration under Trump may have been chaotic, but at least people knew what they were getting.

The Biden Administration positioned itself as the answer, but alas, they are but wolves in sheep’s clothing.

Biden is not going to save you, and he’s not going to want to legalize weed, even though the Super Majority of the United states population is in favor of legalizing cannabis federally. But not old Joe! Joe Hates the DEVIL WEED!

Joe Biden Isn’t Senile — He’s Just Hard Of Learning When It Comes To Weed
Photo by Drew Angerer/Getty Images

But unlike old man Jeff Sessions, who was simply an ideologue and a lackey of the prison-industrial complex, Biden is a different beast entirely. Biden is in favor of “decriminalization,” but don’t let these words fool you!

I’m going to cut through the political bull***t and tell you what these two guys are really saying.

“I support cannabis – but ONLY if it’s medical!”

One would think, “This isn’t so bad. I, too, believe that patients deserve safe access to cannabis”. Then Joe hits you with this one:

“The president supports leaving decisions regarding legalization for recreational use up to the states, rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts and, at the federal level, he supports decriminalizing marijuana use and automatically expunging any prior criminal records,” she said. “He also supports legalizing medicinal marijuana so that’s his point of view on the issue.” (Emphasis Added)

RELATED: Is Hunter Biden The Reason President Biden Is Apprehensive About Marijuana Reform?

Here’s the thing about a Schedule-II classification. Only Pharma would be able to grow and sell it due to the exuberant costs of dealing with Schedule-II substances.

These substances include things like cocaine and meth, which pharmaceutical companies use to fabricate their drugs that magically become “legal” to use.

How Could Joe Biden’s Administration Legalize Marijuana?
Photo by Joe Raedle/Getty Images

I have written before about how “Schedule-II” is a Pharma Coup on the Marijuana Industry to remove the crop from the masses and to once more make it a “controlled substance”. It’s one of the many reasons why we should #NullifyTheCSA!

Biden doesn’t support the same type of medical marijuana you have in mind. He wants it to be entirely in the hands of his benefactors — Big Pharma!

What about his presidential pledge to release federal cannabis prisoners?

Okay, well, maybe Old Pharma Joe will at the very least show us the humanitarian side of his presidential campaign promises, setting the unfortunate victims of the War on Drugs free from their inhumane incarceration.

When a reporter asked the Press Secretary about this particular issue:

Psaki said that would be addressed if cannabis was rescheduled to Schedule II…

Oh, so the freedom of people who have been incarcerated for a plant needs to wait until it’s been decriminalized and placed in the sole care of Pharma?

Am I getting this right, Joe?

“He’ll look at the research once that’s concluded,” Psaki said. “Of course we understand the movement that’s happening toward it. I’m speaking for what his position is and what long, consistently has been his position. He wants to decriminalize, but again, he’ll look at the research of the positive and negative impacts.”

Biden is hiding behind the old smokescreen, “We need more research.” While this may have worked a decade ago, we have the research nowadays, and there is no need to keep it illegal on a federal level.

RELATED: Biden’s Anti-Marijuana Stance Is Perfect For America Right Now

Hell, the COVD-19 vaccines were rushed and administered to the entire world within the matter of a year but decades of actual hard data “needs more research?”

I don’t think so!

Well, Biden, what do you have to say for yourself?

“Well, I would just take it as an opportunity to reiterate that the president supports legalizing medicinal marijuana,” Psaki said. “It sounds like this would have been applicable in this case, and of course decriminalizing marijuana use and automatically expunging any prior criminal records. In terms of individual cases, I can’t get ahead of those obviously.”

Oh…in that case, I’d like to just take the opportunity to reiterate that what you say and do have never been “consistent.”

Will Biden Approve A Federal Cannabis Legalization Bill If It Reaches His Desk?
Photo by Andrew Harnik-Pool/Getty Images

Biden built his career by being “tough on drugs” and in doing so had to make deals with those who benefitted from prohibition.

Did you honestly believe that Biden is a “man of the people”? Middle Class Joe is actually Millionaire Joe!

Shocked? Don’t be – it’s the same old same old

Americans are waking up to the reality that the rest of the world has known for, well, ever: government is not your friend.

Whenever there are people “championing” for the rights of the “lesser person”, it’s a subtle but devious claim that they are the “better person” or the “higher person.”

The truth of the matter folks is that these politicians couldn’t care less about you and me. If we can’t get them more votes and power, we are nothing but cogs for them to discard.

RELATED: President Biden Is Too Busy To Legalize Cannabis? That’s What VP Harris Claims

They will send your children to war and use their dead bodies to pave the roads of their industries.

Is this meant to make you feel better? Not really. This is more about pointing out that there is something fundamentally wrong with our views on society and authority. We live under an antiquated system that punishes individuals for consuming things that aren’t “sanctioned by the government.”

This is not the land of the free anymore; it’s been hijacked by corporations that buy puppets to pretend to be presidents.

Almost half of the United States smokes weed, and the vast majority wants it legalized. Perhaps it’s time we stop choosing left or right, and choose liberty instead. It’s obvious between this administration and the previous one that the system is fundamentally broken.

It’s time for a reboot — the dinosaurs must go!

This article originally appeared on Cannabis.net and has been reposted with permission.

COVID-19 Vaccine Expected To Get FDA Emergency Approval For Ages 12-15 Next Week

The FDA authorization will ease the worry of middle and high school administrators planning for the fall should all students be vaccinated by that time.

By Shivdeep Dhaliwal

The Food and Drug Administration has plans to authorize the emergency use of Pfizer Inc PFE 0.01% and BioNTech SE’s BNTX 17.88% jointly-developed COVID-19 vaccine in adolescents aged between 12 to 15 years, the New York Times reported Monday.

What Happened: The move means that the campaign to vaccinate against COVID-19 will potentially expand to millions more, as per the Times.

Here's What It Feels Like To Get A COVID-19 Vaccine
Photo by Gustavo Fring via Pexels

The FDA could reportedly give its go-ahead early next week. Subject to clearance, the U.S. Centers for Disease Control and Prevention’s vaccine advisory panel is likely to meet the following day to take stock of both the clinical trial data and make recommendations of use in the adolescent age group.

“We can assure the public that we are working to review this request as quickly and transparently as possible,” a spokeswoman for the FDA told the Times. She declined to comment on the timing of the agency to the Times.

BioNTech shares closed 10.95% higher in Monday’s regular session to $208.90 and rose another 3.35% to $215.89 in after-hours trading. On the same day, Pfizer shares also gained 3.05% in the regular session to $39.83. The shares rose 0.38% in after-hours trading.

Why It Matters: Pfizer announced positive results related to the Phase 3 trial evaluating its BNT162b2 vaccines in 2,260 adolescents aged 12 to 15 years on Mar. 31.

The results indicated 100% efficacy and substantial antibody responses and showed that the vaccine was well tolerated.

RELATED: Are Employers Allowed To Issue COVID-19 Vaccine Mandates For Employees?

At the time, Pfizer CEO Albert Bourla said that the drugmaker plans to submit data to the FDA as a “proposed amendment” to the company’s existing Emergency User Authorization for the vaccine.

vaccine
Photo by CDC via Unsplash

Pfizer, Moderna Inc MRNA 6.64%, and Johnson & Johnson JNJ 0.52% COVID-19 vaccines are also approved for emergency use in adults in the U.S.

Cantor Fitzgerald analyst Louise Chen said Pfizer’s stock is underappreciated, after the adolescent data was released.

The FDA authorization will ease the worry of middle and high school administrators planning for the fall should all students be vaccinated by that time, as per the Times.

RELATED: Can You Get COVID-19 In Between Vaccine Dosages?

As per the CDC, 312.5 million doses of COVID-19 vaccines have been delivered in the U.S. and 246.8 million have been administered.

Both Pfizer and Moderna’s vaccines require administration of two doses, while Johnson & Johnson’s requires a single shot.

This article originally appeared on Benzinga and has been reposted with permission.

6 Cannabis Gifts For Mother’s Day

Thoughtful ideas to help you choose the perfect marijuana-inspired gift for those women who are lovingly doing life’s most challenging job.

Let’s be honest: only mothers really know what it means to be a mother and raise children. Not even pregnant moms-to-be have a clue what they’re in for, much less those of the male persuasion. Yup, that’s right. Being a mother is simultaneously the most fulfilling and most challenging job in the world. The things that matter the most never come easy.

Whether a stay-at-home mom or a working mom, one thing is certain: it’s nearly

impossible to find time for oneself. Mothers often seem to be on an endless and essential search for stress relief, relaxation, getting some exercise, meditating or whatever it is that helps them take care of their own wellbeing, health and happiness. To help, here are 6 cannabis gifts for Mother’s Day.

Photo by rawpixel.com

That’s why for this Mother’s Day, you might want to say thank you to your mom with an original cannabis-inspired gift.

Acknowledge everything she has done, and continues to do for you, by introducing her to CBD-infused relaxation and exquisite skin care products. Or, if she is already a fan of Mary Jane — many moms are — then get her just the right gift to ease and open her mind even further.

RELATED: Are Weed Moms The New Wine Moms?

I am sure there is a cannabis-infused gift that every mom would appreciate, from bath salts, soaks and scrubs to oils, lotions, creams and on to edibles and pre-rolls.

Clearly cannabis is a healthier choice than alcohol or a box of chocolates. As we know from a wide body of research, cannabis provides a healthy sense of relaxation without the annoying and unhealthy side effects of alcohol.

If mom is unfamiliar with the world of cannabis, perhaps now is the time to explain the benefits of and difference between THC and CBD products. Whether she is feels like getting high or simply relaxing in a hot tub, or both, there are many products to be had. And remember, CBD-infused products are for everyone!

Mothers Unite

Mothers all know what it’s like to face daily challenges. Let’s honor each other and pick out some gifts to share. For that reason, I’ve crafted several ideas to help you choose the perfect marijuana-inspired gift for those women who are lovingly doing life’s most challenging job.

RELATED: After Baby And Beyond: How CBD And Marijuana Can Help Moms

Let’s start with the Santa Barbara County-licensed cannabis cultivator Autumn Brands and its Nourishing Muscle + Joint Salve. This cannabis-infused topical contains 400mg of full-spectrum, pesticide-free cannabis (ratio 1:7). It is rich in terpenes, cannabinoids, and magnesium. It should bring muscle and joint relief, provide general body relaxation and better sleep quality for somewhere between $45 and $60, depending on the dispensary.

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CBD brand Green Eagle is not only for professional athletes, with the NFL Hall of Famer Brett Favre as its spokesman; it is for all outdoor adventurers, sports enthusiasts and moms on the go. Back and muscle daily aches and pains are often part of a “mom’s job,” and Green Eagle’s Max Relief Freeze Spray may help you deal with it. It is THC-free, made with hemp-derived CBD, arnica, camphor and menthol, using nanotechnology that enables better absorption. It is priced at $39.99.

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A women-owned CBD brand should know what women want, right? That’s why our list of Mother’s Day cannabis gifts includes TONIC CBD’s Outer Space CBD + CBG Body Butter rich in plant-derived butter, oils, and essential fatty acids to moisturize and nourish your skin. CBD and CBG compounds in the product will provide much-needed antioxidant effects. Outer Space CBD + CBG comes in two sizes, 1 oz and 4 oz, with prices from $15 to $65.

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Cannabis delivery company Ganja Goddess was thinking of moms and those who will celebrate them when it decided to offer a special 15% discount on a variety of cannabis and CBD products from May 1-9. Just use the discount code CANNAMOM. 

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Photo courtesy of Ganja Goddess

Now a little something for those moms who are known for supporting good causes. Is there a  better gift for mom than one that shows you understand what she’s passionate about? Justice Joints Pre-Rolls, a brand that donates 100% of its profits, has teamed up with the Last Prisoner Project, which supports criminal record expungement and release and reentry programs with its profits. One full gram of high-grade cannabis is $10. You can get her a few!

RELATED: Stop Discriminating Moms For Their Marijuana Use

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Photo by Jeff W on Unsplash

Nugg Club, a cannabis subscription box, is all in for Mother’s Day this year. The Club is offering $30 off the first box with the code CLUBMOM. Furthermore, it has also designed something special — a full Mother’s Day curated set of products that include drinks, edibles, flower, pre-rolls, topicals and vapes. Though Nugg Club gift boxes are usually priced at $99, they contain products valued up to $225.

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This article originally appeared on Benzinga and has been reposted with permission.

We Need To Recognize That The War In Afghanistan Is Not Our ‘Longest War’

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The comparison between the war in Afghanistan and the Drug War is particularly appropriate. They even overlap.

Disclaimer: The views expressed in this article solely belong to the author and do not necessarily represent those of The Fresh Toast. 

President Biden has announced that the U.S. and our allies will be out of Afghanistan no later than September 11, the 20th anniversary of the terrorist attacks on the World Trade Center and the Pentagon. Finally, we are seeing the end of what is being called our “longest war.”  

But it is no such thing. Of course, the “Prime Directive” of U.S. public policy, journalism, and politics, religion, and pet care, is “Don’t Mention The Drug War” (see: America’s Longest Ongoing War: The War on Drugs).

Our drug war actually began over 100 years ago with the International Opium Convention. 

Does A Football Star Have To Get Killed For Americans To See How Dangerous The Drug War Is
Photo by Michael M. Santiago/Getty Images

Ironically, it was signed at The Hague, the Netherlands. on January 23, 1912, during the First International Opium Conference. “It was the first international drug control treaty. The United States was unsuccessful in its attempts to have cannabis included in the 1912 Convention.”

In 1937, the notorious Harry Anslinger got Congress to pass the Marihuana Tax Act (see: Harry Anslinger: The Godfather Of Cannabis Prohibition). It was signed into law by Franklin Roosevelt, and almost every President since has contributed to an escalation in the violence. 

The comparison between the war in Afghanistan and the Drug War is particularly appropriate. They even overlap. Afghanistan is still a major source of heroin, but the once famous Afghani hash is impossible to find. Surprise, surprise! 

The most important point is that the War on Drugs was never just a figure of speech, like the War on Cancer or the War on Poverty. It was and is real violence by the users and sellers of some drugs against the users and sellers of other drugs. 

First, the United States was never officially at war with Afghanistan. In fact, after easily overthrowing the Taliban terrorists who had seized control, the war was very much like the Drug War in the U.S. and Latin America.   

Mexico, Guatemala, Honduras, Colombia, Peru, and other countries that are barely functioning have been destabilized by both the violence and corruption of the Drug War. It has also spread to Africa to supply Europe with cocaine.  

How An Endless Drug War Will End Our Freedom
Photo by Spencer Platt/Getty Images

Meanwhile, in the U.S., we had the National Guard rappel from helicopters into feral hemp fields, aptly called Ditch Weed. We have militarized our police with “war surplus” equipment, even armored cars. We kick down doors and violently storm into American homes under no-knock warrants. Just like Afghanistan.   

SEE: Louisville Settles With Breonna Taylor’s Family Ending No-Knock Warrants But Only In Louisville

It is still a war, even if the violence is all from one side. In fact, most of the violence in the domestic Drug War is simply threatened by the police against peaceful marijuana users. There have been over 22 million Americans arrested for marijuana possession since the late 1960s. Even now, there are still over half a million marijuana arrests every year, more than for all violent crimes combined.  

The Drug War was also like other wars because truth really was the first casualty, and the lying about cannabis is still the foundation of most state violence in western democracies.  

As Patrick Henry once said, “Gentlemen may cry, ‘Peace! Peace!’ — but there is no peace.”   

Richard Cowan is a former NORML National Director and author of The Differences Between Hemp CBD And Terpenes. 

You’re More Likely To Struggle With These Eye Conditions Due To Pandemic

We’ve been overexerting our eyes for years. The pandemic has made this much worse.

If there’s one thing the pandemic has indisputably done is increase the amount of time we look at screens. Whether we’re working, relaxing, or watching TV, we’re glued to our screens for the majority of our days. We weren’t doing all that great with our screen time before the pandemic, so new eye conditions have been popping up, all influenced by lockdown measures.

The Huffington Post spoke to different health experts and determined that there were a few conditions we might all be more prone to now that we spend more time looking at screens. Here are a few you should keep an “eye” on:

Nearsightedness

porn lovers seem to be less sexist than regular men
Photo by kmatija/Getty Images

Myopia, or nearsightedness, has an important genetic element to it, with some people developing it due to their genes. But several studies suggest that lack of time spent outdoors and a lot of eye stress might contribute to this condition. “All of this screen time can contribute to myopia [i.e., nearsightedness], since people aren’t getting enough time to relax their vision or look into the distance,” said behavioral optometrist Juanita Collier. “And because we’re spending much more time inside, our bodies aren’t getting that important daily dose of vitamin D, which has been shown to decrease the progression of nearsightedness.”

Dry eye

Why Does Smoking Weed Make Your Eyes Red?
Photo by Elizabeth Fernandez/Getty Images

RELATED: The CDC Updated Face Mask Guidelines — Here’s What That Means For You

Dry eye occurs when we don’t blink enough, which can happen when staring at screens or when wearing masks for long periods of time. Dry eye can result in watery eyes, blurred vision and light sensitivity. To prevent it, make sure you stay hydrated, wearing a mask with a pliable nose wire and blinking often and purposefully, that way you provide breaks for your eyes.

Computer vision syndrome

5 Polite Ways To Tell People You Need Alone Time
Photo by Ketut Subiyanto via Pexels

RELATED: How Cannabis Affects Eye Health

While “computer vision syndrome” sounds like a cool modification for the future, it actually refers to the several symptoms that are associated with spending so much time looking at computer screens. These screens force our eyes to work harder due to the fact that there’s low contrast and difficulty in differentiating letters from the backgrounds. They include computer screens, tablets, phones, etc. and facilitate the development of headaches, eye strain, blurred vision and dry eyes. In order to prevent this, health experts recommend attaching screen filters to your devices, turning off blue light, blinking more, and taking frequent breaks.

USPS Delays Ban On Mailing Vape Products

While the USPS could have banned vaping products altogether as part of the new rule, it now seems that they are taking time to revisit the implications.

In a move that should encourage the cannabis industry, the United States Postal Service (USPS) is delaying the implementation of its new rules for the enforcement of a ban on direct-to-consumer mailing of vaping products. As we reported earlier this year, recent amendments to the PACT Act (Preventing All Cigarette Trafficking) required the USPS to issue regulations putting into effect the new ban on USPS mailing vape products from retailers to consumers.

I remain optimistic about mailability, despite the grim outlook lately with this news. One reason is that the principles of statutory interpretation lend credibility to the argument that the ban does not apply to vaping products that are not used to deliver tobacco or nicotine. While the USPS could have banned vaping products altogether as part of the new rule, it now seems that they are taking time to revisit the implications of an all-encompassing prohibition on shipments of vaping products. The USPS must not exceed its own legal authority under the PACT Act by regulating vaping products that fall outside the definition of tobacco product, as such a rule could be subject to challenge by various industry groups.

Photo via pxhere

If you’ve been following our PACT Act updates, by now you might recall that he amended PACT Act now defines Electronic Nicotine Delivery Systems (ENDS) as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; includes—an e-cigarette; e-hookah; e-cigar; vape pen; advanced refillable personal vaporizer; electronic pipe; and any component, liquid, part, or accessory of a device described without regard to whether the component, liquid, part, or accessory is sold separately from the device.”

RELATED: It Just Got A Lot Harder To Ship Hemp And CBD Vapor Products

While many fear that this would automatically encompass vaporizer components that are used in connection with marijuana and hemp products, I am not convinced that this is the case and the USPS decision to postpone the rule-making process provides greater support for such a position.

THE TOBACCO CONTROL ACT

The Tobacco Control Act (TCA) supersedes the PACT Act if there is a conflict between the two bills, due to a provision in the PACT Act that states the law does not alter or affect the provisions of the Food, Drugs, and Cosmetics Act (FDCA), which includes the TCA. The TCA does not explicitly define ENDS but it does define Tobacco Products as follows:

[A]ny product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product). (21 USC 321 (rr)(1).)

The TCA granted the Food and Drug Administration (FDA) broad authority to determine what products were considered “tobacco products” because, in addition to granting FDA regulatory oversight over cigarettes, roll-your-own tobacco, smokeless tobacco and other traditional products, the TCA also empowered the FDA to regulate any other tobacco products it deemed to be subject to the TCA. In May 2016, the FDA issued the “Deeming Rule” to establish what novel products would be subject to TCA.

RELATED: Vape Industry Under PACT Act Attack

The FDA has specifically explained what they consider to be ENDS under the TCA’s definition of “Tobacco Products.” That FDA interpretation excludes CBD, THC, or other cannabis derivatives because the FDA lacks the jurisdiction to regulate such products under the TCA. The FDA specifically defines ENDS in enforcement guidance:

Electronic nicotine delivery systems (or ENDS) include devices, components, and/or parts that deliver aerosolized e-liquid when inhaled. For example, FDA considers vapes or vape pens, personal vaporizers, e-cigarettes, cigalikes, e-pens, e-hookahs, e-cigars, and e-pipes to be ENDS.

The FDA further states that e-liquids generally refer to “liquid containing nicotine and nicotine-containing e-liquids (liquids combined with flavorings, colorings, and other ingredients).” If a vaporizer product, component, or accessory: (1) does not deliver aerosolized e-liquid when inhaled, (2) does not contain nicotine or other material made or derived from tobacco; (3) is not intended or reasonably expected to be used with or for the human consumption of a tobacco product; and (4) is not derived or made from tobacco and intended for human consumption, then the FDA does not consider this to be included in the definition of an ENDS product or tobacco product altogether. Unlike the amended PACT Act, ENDS – for the purpose of the TCA and Deeming Rule – is not defined to include vapor devices and accessories used with “other substances” that do not contain nicotine or tobacco.

What's The Real Reason Why The USPS Won't Ship Vaping Products?
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READING THE FINE PRINT

The inclusion of the term “other substances” in the PACT Act definition of ENDS was likely intended by its drafters to capture formulations of e-liquids containing tobacco or nicotine that sophisticated lawyers for the tobacco industry would argue are outside of the FDA’s framework under the TCA. The vapor market is very popular among young people and the whole premise of the PACT Act is preventing underage tobacco sales and the avoidance of tobacco taxes. The PACT Act definition of ENDS goes beyond the TCA’s definition of ENDS, and it seems lawmakers wanted to target the e-cigarette industry. But lawmakers failed to read the fine print, as the ENDS definition that they came up with is totally inconsistent with the FDA’s Deeming Rule.

RELATED: What’s The Real Reason Why The USPS Won’t Ship Vaping Products?

The cannabis vaporizer community could make the argument that the ENDS definition included in the PACT Act does not cover products reasonably expected to be used with cannabis or its derivatives including THC, CBD, and hemp-derived products. Those products are not reasonably expected to be used for human consumption of a Tobacco Product.

The amended PACT Act explicitly does not alter the FDCA which includes the TCA, indicating that the addition of “any other substance” to the definition of ENDS probably was not meant to capture non-nicotine and non-tobacco products such as cannabis.

BOTTOM LINE

If lawmakers intended to truly change the way the federal government defines ENDS to include non-tobacco and non-nicotine products, it is rational to assume that Congress would have also amended the TCA to allow the FDA to regulate these other substances. The strategy moving forward should be to encourage USPS to specifically focus on the ENDS market because of the relation to nicotine and tobacco, as this is what is statutorily required and authorized by the PACT Act and anything done in relation to cannabis or hemp should be seriously challenged by the industry.

Emily is a recognized expert on cannabis-related legal, regulatory, and policy issues, having worked with a wide range of individuals and entities in both the public and private sector. You can contact Emily at info@gl-lg.com or (503) 488-5424.

This article originally appeared on Green Light Law Group and has been reposted with permission. 

Congress Considers Bill To Research Marijuana Legalization Across Country

 The Marijuana Collection Act would allow the federal government to get an accurate glimpse into the legal weed movement to see what works and what doesn’t.

Some Congressional members believe the concept of marijuana legalization should be studied extensively to pass the best laws at the federal level. Senators Robert Menendez (D) and Rand Paul (R), along with Representatives Sylvia Garcia (D) and Don Young (R), have introduced a piece of bipartisan legislation in both chambers called the Marijuana Collection Act.

If passed, the bill would task the Secretary of Health and Human Services, the Attorney General, the Secretary of Labor and various health agencies to examine taxed and regulated marijuana markets across the nation over the next decade to learn more about what legal weed does for state and local economies, public health and criminal justice. It is then that nationwide legalization might be more realistic.

“As more and more states legalize and regulate marijuana, we must take a thorough examination at how different laws and policies in different states have been implemented, what works, what doesn’t, and what can be replicated elsewhere,” Senator Menendez said in a statement accompanying the bill.

Marijuana Is A 'Bipartisan' Issue, But That Doesn’t Mean Federal Legalization Is A Sure Thing
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“It’s important to understand how communities and people are ultimately impacted by marijuana legalization and its effect on local economies, public health, criminal justice, employment, and our nation’s battle with opioid and other drug addiction. Having this data at our fingertips and making it available to the public will help drive public policy decisions and dispel any misconceptions about marijuana legalization.”

The word on the street is that the bill was introduced in response to the recent pressure for Congress to legalize marijuana. It’s an alternative, a compromise, a trap door if Senate Majority Leader Chuck Schumer cannot work the magic he’s been promising by ending prohibition nationwide. The Marijuana Collection Act would allow the federal government to get an accurate glimpse into the legal weed movement to see what works and what doesn’t. From there, lawmakers could draft policy based on years of research rather than just go for it and hope for the best. 

RELATED: Everything Standing In The Way Of Federal Legalization In 2021

All of the data collected would be reported to the National Academy of Sciences every couple of years. Part of the goal is to see if legal marijuana can actually help remedy the opioid epidemic. 

“Congress and the American people need reliable facts on the impact of states’ legal marijuana programs. We need independent data on how these programs impact state budgets, the public health and employment,” said Representative Garcia. “This is especially important amid the pandemic, that’s been filled for many with isolation, depression and financial stress that has led to an alarming rise in opioid deaths – especially among communities of color.” 

RELATED: Marijuana Is Bipartisan, But That Doesn’t Mean Federal Legalization Is A Sure Thing

The guts of this legislation would be tremendous for cannabis. It would allow Uncle Sam to see just how to make marijuana legalization work on a grand scale. However, if Congress were to buy into the Marijuana Collection Act, it would ensure that federal marijuana legalization would be put on hold for another 10 years. But then again, the chances of federal cannabis reform taking shape in 2021 aren’t very good, as the Senate must contend with the filibuster, lack of Democratic support, and the genuine possibility of not being able to use the budget reconciliation process to move it forward.

The Marijuana Collection Act might be a way to unify the parties on this issue and advance it in a palatable way. Even President Biden has stated that he wants to see more research before moving to legalize marijuana in the way states have done for adult use. We could end up seeing this legislation becoming this year’s rockstar of cannabis reform.

Marijuana Could Worsen Symptoms Of Depression

One study found that cannabis reduces perceived symptoms of negative affect in the short-term, but continued use may exacerbate baseline symptoms of depression over time.

Current research on how marijuana affects mental health disorders is mixed, but the public perceives the relationship differently. About 50% of adults believe cannabis relieves symptoms from anxiety, stress, and depression, a 2018 national survey reported. Of the more than 16,000 U.S. adults who were polled, only 15% of them thought marijuana could worsen symptoms of depression.

A study published in the medical journal JAMA Network Open calls that perception into question. Researchers tracked the cannabis habits of more than 16,000 people across 11 years and discovered individuals with depression had about double the risk of using marijuana than those without depression.

5 Signs You Might Have Seasonal Depression
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“[T]hese findings are concerning, given that both heavier use and depression have been associated with increased risk of cannabis-related harm,” the study’s authors wrote.

How cannabis affects depression, both positively and negatively, is not yet fully understood. One study reported cannabis could relieve stress-induced depression and Canadian researchers found marijuana was an effective anti-depressant at low doses.

RELATED: Study Links Teen Marijuana Use With Adult Depression

But a landmark 2017 study concluded that for people with depression “cannabis reduces perceived symptoms of negative affect in the short-term, but continued use may exacerbate baseline symptoms of depression over time.”

That marijuana possibly worsens depression over time concerned researchers in the recent investigation, as they saw a “concerning” trends between the two. These researchers used data from the National Health and Nutrition Examination Survey to track marijuana use by 16,216 U.S. adults ages 20-59 between 2005 and 2016. Among those participants, 1,413 received positive diagnosis for major depression through Patient Health Questionnaire-9 — a survey doctors use to objectify degrees of depression severity.

Microdosing Marijuana For Depression
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The number of people with major depression didn’t really change across the 11-year span, but using marijuana dramatically spiked, particularly for those with depression. In 2005, those with depression were 46% more likely to consume marijuana, but by 2015 they were 130% more likely to do so. The odds of near-daily marijuana use for people with depression jumped even higher; in 2005 they were 37% more likely to use cannabis more than 20 days per month, but 216% more likely to do so in 2015.

RELATED: Microdosing Marijuana For Depression: What To Expect

“These results suggest that over time, a higher proportion of individuals with depression are using cannabis,” the study’s authors wrote. “This could be the case if an increasing number of individuals with depression are using cannabis to self-medicate, potentially influenced by media and advertising presenting cannabis as beneficial to health.”

Although their analysis showed this relationship, researchers noted that further studies into the possible explanations and causes of the increasingly strong association is needed. Until then, the authors recommended new information campaigns about the possible risks related to cannabis and depression.

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