How Cannabis Friendly Is Biden’s New Administration? Part 1: Merrick Garland’s DOJ

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February 3, 2021

How Cannabis Friendly Is Biden’s New Administration? Part 1: Merrick Garland’s DOJ

While we would have loved to see Biden appoint an AG who has a history of actively supporting marijuana legalization, Merrick Garland has shown no animus towards weed.

President Joe Biden’s cabinet is starting to take shape. Appointees have the power to legalize marijuana at the federal level. Two positions are specifically influential to legalization, including Attorney General (AG) and Secretary of the Department of Health and Human Services (DHHS). The Controlled Substances Act (CSA) grants the AG and the DHHS Secretary the ability to remove a substance from a given schedule. The Attorney General delegates its power to the Drug Enforcement Administration (DEA) and the DHHS Secretary delegates its power to the Food and Drug Administration (FDA).

The CSA places substances on certain schedules based on their danger to society with Schedule I reserved for the most dangerous drugs. Despite widespread adoption of legal adult use at the state level, marijuana remains a Schedule I substance, alongside heroin, fentanyl and meth.

Since there is a lot to cover here, this is the first post in a two-part series. Today we’ll take a look at Biden’s picks for AG and the current head of the DEA. The next post will focus on DHHS and FDA’s leaders.

ATTORNEY GENERAL: MERRICK GARLAND

Overall, we still do not know Garland’s position on marijuana. Before becoming a judge, Garland was a private attorney focusing on corporate law and a federal prosecutor who famously handled domestic terrorism cases including the Oklahoma City bombing, the Unabomber, and the Atlanta Olympics’ bombing. Absent from Garland’s record is any hard stance in favor of the War on Drugs or against marijuana legalization. This automatically makes him a better pick for AG when it comes to marijuana than Bill Barr or Jeff Sessions, the last two individuals nominated by former President Donald Trump.

Before 2021, Merrick Garland was best known for being President Barack Obama’s nominee to replace Antonin Scalia on the Supreme Court. Garland, a Democrat who served on the United States Court of Appeals for the District of Columbia Circuit, serving a Chief Judge from 2013 to 2020. The D.C. Circuit Court is perhaps the most prominent and prestigious court in the country, other than the Supreme Court, as it handles a large number of cases involving the federal government. As a D.C. Circuit judge, Garland is an expert on administrative law.

Merrick Garland has been quiet on marijuana legalization. The closest definitive opinion he has given was in 2013, when the industry trade group, Americans for Safe Access sued the DEA in an effort to remove cannabis from Schedule I of the CSA. Garland was one of three federal judges who ultimately ruled in favor of the DEA. “We’re not the scientists,” he said during the case’s 2012 hearing. “They are.”

That could be interpreted to show that Garland has a favorable view of the DEA, but that’s not really the case. In the case at issue, Safe Access appealed the DEA’s denial of their petition to initiate proceedings to reschedule marijuana. Keep in mind that the CSA allows the AG to reclassify marijuana and the AG delegates that authority to the DEA. Marijuana is placed on Schedule I, which is allegedly reserved for drugs with “high potential for abuse,” “no currently accepted medical use,” and “a lack of accepted safety,” for use with medical supervision.

The Safe Access case turned on the meaning of “accepted medical use,” which the CSA does not define, but the DEA has interpreted to mean the level of evidence required by the FDA to approve a new medicine. The D.C. Circuit Court analyzed whether or not the DEA’s application of its own regulations, promulgated under the CSA, was “arbitrary and capricious.” This was not a case about whether the judges thought marijuana belonged on Schedule I, but whether or not the DEA was following the law and its own regulations in deciding not to initiate proceedings to reschedule marijuana. Federal courts grant agencies significant deference to promulgate regulations and their interpretation of those regulations. This is because, generally speaking, courts view agencies as being better suited to examine data and explain their actions than the court’s themselves, unless the agency is “plainly erroneous or inconsistent with the regulations.”

Ultimately the court did defer to the DEA’s interpretation of “accepted medical use” and the decision not to change marijuana’s status. It is within this context that Garland made the quip about the DEA’s scientists. That statement was more about administrative law, then about Garland’s own view about marijuana.

Marijuana Task Force — Photo by Taylor Davidson/EyeEm/Getty Images

DEA ACTING ADMINISTRATOR: D. CHRISTOPHER EVANS

According to the DEA website, D. Christopher Evans, “assumed responsibility as Acting Administrator for the [DEA] on January 20, 2021.” It is unclear how long Evans will serve as the DEA head but his rise to the top of the agency is historic. According to Our Time Press, Evans is the first Black person to ever lead the DEA. Here is how Our Time Press summarizes Evans’ career:

Evans began his thirty-year DEA career in 1992 in the Washington D.C. field office at the height of the crack cocaine era that decimated America in general and the Black community, in particular. Special Agent Evans was later transferred to the Los Angeles field office where he was promoted to Supervisory Special Agent. It was in this assignment that he investigated various money laundering schemes. In 2006 he was transferred to DEA Headquarters in Arlington Virginia where he was assigned to the elite operations Division, Mexico and Central American section. During this assignment he represented the DEA on the Department of Justice’s (DOJ) Committee on International Gangs.

Special Agent Evans was promoted during his tour at DEA HQ and served a year as the Executive Assistant to the Chief of Operations followed by two years as the Executive Assistant to the DEA Administrator. He returned to the Los Angeles field office as the Special Agent in Charge (SAC) in 2010. During this time, he led the Los Angeles Organized Crime Drug Enforcement Task Force strike force and served as the first strike force Commander. Thereafter, he served tours as the SAC of the Louisville and Detroit field offices.

Special Agent Evans later served as the Chief of Operations and Assistant DEA Administrator where he supervised the DEA’s global enforcement efforts in 240 locations in the USA and 93 foreign offices in 69 countries.

Evans’ time at the DEA has focused on money laundering and gang activity in the US but much of his tenure has been focused on the international drug trade. Evans’ history on marijuana specifically is harder to deduce and there is no reason to believe that he is in favor of marijuana legalization. After all he’s been working for the DEA for 30 years. But it also does not appear that Evans has any particular interest in slowing down legalization efforts.

BOTTOM LINE

While we would have loved to see Biden appoint an AG who has a history of actively supporting marijuana legalization, such as Elizabeth Warren or Cory Booker, Merrick Garland is a thoughtful person who has shown no animus towards marijuana. We don’t know much about Acting DEA Administrator Evans, but like Garland, he does not seem to be particularly opposed to marijuana legalization. Overall, these picks are not great but could be much, much worse.

Daniel Shortt is a corporate and regulatory attorney based in Seattle, Washington who works extensively with entrepreneurs in the cannabis industry. This article originally appeared on Green Light Law Group and has been reposted with permission. You can contact Daniel at info@gl-lg.com or (206) 430-1336.

There’s A New CDC Mask Mandate — Here’s What You Should Know

Maria Loreto

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February 3, 2021

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There’s A New CDC Mask Mandate — Here’s What You Should Know

The CDC is asking public transportation conductors and passengers to wear face masks throughout the length of their trip.

A new mask mandate from the Centers for Disease Control and Prevention (CDC) states that face masks must be worn when traveling via all forms of public transportation in the United States. All passengers, drivers and conductors must wear masks at all times, no matter the state they’re located in.

The mandate requires all public transportation vehicles (planes, ferries, buses, trains, ride sharing apps, and more) have to comply, asking for people to wear their masks for the entire duration of the trip, whether it’s national or international. Transportation operators and workers will be asked to wear masks in airports and subway stations and should only allow in passengers that are following the face mask mandate.

How CBD Topicals Can Compliment Your Mask Wearing — Photo by EVG photos via Pexels

When it comes to the masks, the CDC says that workers should wear masks that are in good state and that fit snugly over the chin and nose. The masks must be made up of at least two layers of cloth that allow for comfortable breathing, thus eliminating the use of scarves, bandanas, cloth coverings and face shields.

This news might not mean much for people who already live in a state where there’s a face mask mandate, but it’s important since the CDC now makes it a violation of federal law when people choose to not wear these masks in these settings. The enforced use of face masks could also help limit the spread of the COVID-19 virus in airports and other modes of public transportation where large amounts of people gather, and that were subject to the airline’s or the travel company’s safety measures and precautions.

Face masks are one of the most effective tools against the spread of the coronavirus, limiting the amount of respiratory droplets people release and breathe in. Their use, paired with social distancing guidelines, stay at home measures and recurring hand washing, is the most effective way of curbing the spread of COVID-19, at least until the majority of the population is vaccinated against it.

Do Democratic Senators Have Enough Power To Legalize Marijuana

Mike Adams

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February 3, 2021

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Do Democratic Senators Have Enough Power To Legalize Marijuana

Democrats will still need to work closely with Republicans to garner enough support for legal weed. But divisiveness will make that difficult.

Democratic Senate leadership has vowed to legalize marijuana at the federal level in 2021. Senate Majority Leader Chuck Schumer with Senators Cory Booker and Ron Wyden announced earlier this week that they will soon introduce legislation to end marijuana prohibition nationwide. This is precisely what cannabis advocates hoped would happen when the Democrats took control over the Senate and knocked Mitch McConnell down a notch. But do Democratic Senators have enough power to legalize Marijuana?

Now all the Democrats have to do is hold a few hearings, shuffle some papers around and vote on a cannabis-related bill, and marijuana will be as good as legal in the eyes of the U.S. government, right? It’s more complicated than that.

One of the main problems in getting anything marijuana-oriented through Congress this year is the Democrats really don’t have the power to get it done. Sure, Senate Majority Leader Schumer has made some media appearances and discussed how marijuana reform is a priority for the Senate, but that doesn’t mean much. Any bill the Democrats put on the table might not have the votes required to pass. The Senate is evenly divided this session, with Vice President Kamala Harris being the tiebreaker. This means that Democrats will still need to work closely with Republicans to garner enough support for legal weed. But divisiveness will make that difficult.

And then, there’s Mitch McConnell and his gang of cronies. Even though McConnell is no longer the majority leader, rest assured he can still cause problems for marijuana legalization. You might recall hearing a lot of noise recently about a filibuster. It’s a rule that allows Senators to engage in lengthy debates to stall or prevent legislation with majority support from passing. McConnell has fought like a dog to keep the Democrats from squashing the filibuster this year, and rightfully so. It’s the only way he can still control the Senate as minority leader. For now, the filibuster lives. And it will need to continue living if Democrats expect to get anything accomplished.

“I made clear that if Democrats ever attack the key Senate rules, it would drain the consent and comity out of the institution,” McConnell Tweeted last week. “A scorched-earth Senate would hardly be able to function.”

Senator Mitch McConnell Congratulates Biden, But Will He Work With Him On Weed? — Photo by Caroline Brehman-Pool/Getty Images

Although we do not understand the full extent of the marijuana legalization package that the Democratic-controlled Senate plans to introduce in the coming months, one thing is sure: Anything designed to legalize marijuana at the national level will require bipartisan support to go the distance.

This means getting McConnell and his followers on board in some manner. Even if the Democrats can get close to collecting the necessary votes to move marijuana legislation in the upper chamber, the filibuster could still sabotage the deal. McConnell, who has, for years, prevented marijuana-related bills from taking shape in the Senate, has probably already considered the filibuster his lifeline to stopping the legal cannabis industry from gaining ground.

What Chuck Schumer Can Do For Marijuana As Senate Majority Leader — Photo by Tasos Katopodis/Getty Images

Furthermore, just because Senate leadership introduces a marijuana legalization bill doesn’t mean it has the White House’s support. And it’s going to need it. President Biden hasn’t expressed any interest in full steam ahead legalization. He has, instead, given every indication that he would side with modest marijuana reforms intended to keep people out of jail for weed. Biden is all about looking at the research. He wants to see more scientific involvement on the cannabis scene before signing off on anything that allows a taxed and regulated marijuana market to take hold.

It’s possible that Vice President Harris, a big supporter of ending marijuana prohibition, could influence Biden to accept broader reforms. But she has indicated that she wouldn’t pressure him on any issue if it came down to it. Unfortunately, getting a full steam marijuana legalization law on the books in 2021 is going to prove challenging.

Unless the Democrats have devised some brilliant scheme to package it in much larger legislation, like a far-reaching criminal justice bill. Even then, the chances of it passing are slim. But let’s wait and see what they have up their sleeves. America might be pleasantly surprised.

Parkinson’s Disease: THC Might Help Ease Symptoms

Karhlyle Fletcher

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February 3, 2021

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Parkinson’s Disease: THC Might Help Ease Symptoms

New research found that cannabis helped relieve the crippling symptoms of Parkinson’s disease in the majority of patients studied.

While America may be considered the land of freedom, Europe has led the way in plant medicine use and research for decades. And in addition to allowing medical marijuana, Germany also has a legal CBD market that allows people to purchase products containing the cannabinoid online without a prescription. For conditions that reacted to previous treatment unsuccessfully or poorly tolerated treatment, their doctors can prescribe cannabis products containing THC.

Parkinson’s disease, a disorder of the central nervous system, is an incurable condition that millions of people suffer from. Symptoms include tremors, loss of balance, stiffness, and other motor dysfunction. Usually, the symptoms become progressively worse over time, but treatment can slow or even halt progress.

A recent study from Germany, published in the Journal of Parkinson’s Disease, analyzed 1348 participants (54.7% men, 45.2% women). More than half (54%) of patients with Parkinson’s who used cannabis reported it provided relief from the condition. Of those who didn’t use cannabis, 65% of them were interested in trying it as a treatment; fear of side effects and a lack of available consumer-level information kept them back from experimenting.

To highlight the lack of information: only 9% of people were aware of the difference between the cannabinoids THC and CBD. Interestingly, inhaled cannabis products with THC were more efficient at treating stiffness. Unfortunately, patients reacted to these products more severely than products containing little to no THC.

Parkinson's Patients — Photo by TheDigitalArtist via Pixabay

How And Who Did Cannabis Help?

Of the respondents, the mean age was 71. Of those who reported positive use of cannabis for treating their symptoms, 43.9% reported it helped with their pain, and 41.4% reported it helped with muscle cramps. Users were an average of 5.6 years younger than non-users.

More than half (50.8%) of users also rated cannabis as more effective than a traditional pharmacological option for treatment — dopamine agonists. An additional 23% of users said that cannabis was as effective as those medications.

Researchers note that cannabis use was associated with those who live in big cities and having better knowledge about cannabis in general. While 9.1% of non-users knew the difference between THC and CBD, 49.6% of users did.

The amount of cannabis used in treatment may also affect the outcome, as 79% of frequent users reported relief, while only 67% of occasional smokers did, and 25% of one-time smokers. While these are not concrete enough results on which to give medical advice, they are inching closer towards the legitimization of cannabis as a medicine.

How CBD Can Help You Feel Fuller Longer

CBD

Dr. Mary Clifton

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February 2, 2021

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If you’re trying to lose weight and you want to feel fuller longer after you eat, CBD can help. Here’s how.

Wouldn’t it be great if we could find a formula that would help you feel full longer, after you ate?

Studies have shown repeatedly that people who expose themselves to CBD and other formulas of cannabidiols over their lifetime don’t gain weight like other people over the years.

There’s a number of different researchers looking at exactly why this isn’t happening, and how this benefit could be applied to a broader population.

One way it appears is that CBD and other formulas help people control their weight is simply by making you feel fuller for longer.

There are CB1 receptors aligning the gut that help with managing inflammation that can cause problems like diarrhea or constipation. But there are also CB2 receptors that impact the smooth muscle around the colon.

Effectively Treating Multiple Sclerosis With Cannabis Oil And Minimal Side Effects — Photo by
ArtistGNDphotography/Getty Images

The food moving through the colon is very responsive to the stimulation from this smooth muscle, where it sort of squeezes in a stable pattern and helps to move food through the intestinal system. But the smooth muscle can be relaxed a little bit with CB receptor stimulation and that can help to slow the transit of food from the mouth all the way to the anus.

If you’re chronically constipated, that’s not great news because you don’t want to be even more constipated by exposure to CBD or other cannabidiols.

However, if you’re trying to lose weight and you want to feel fuller longer after you eat food, slowing the transit of the food and making it sit in the stomach or in the intestines for longer, will make you feel fuller. It will give you a sense of fullness after eating food for longer than if you didn’t have that stimulation.

All in all, it might be by stimulating CB2 receptors in the smooth muscle that lines the gut helps balance out that hunger sensation, maintaining a fullness in the stomach and in the intestines that makes people feel fuller longer and subsequently helps them to not eat another meal as quickly.

This post originally appeared on CBD & Cannabis Info.

You Can Still Test Positive For COVID-19 After Vaccination

Maria Loreto

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February 2, 2021

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Reports of people getting COVID-19 after getting vaccinated are sounding some alarms. Experts explain why this is possible and what it means.

Yes, you can still test positive for COVID-19 after vaccination. As authorities work hard to dispel any safety concerns and misinformation that surrounds COVID-19, people are getting increasingly concerned over claims that vaccinated people can still get the virus. While true, this isn’t as terrifying as it sounds.

Members of congress, a nurse in California and others have come forward with these claims, explaining that they were inoculated and still managed to test positive for coronavirus.

Experts have different theories that could explain why this is happening, including how these types of vaccines take a little bit of time to be effective, that people can be infected and asymptomatic before getting their shots, and that vaccines can protect you from severe COVID-19, but that infection can still theoretically happen. Here’s a basic breakdown:

Vaccines don’t work instantly

The vaccines that are in circulation require two shots to fully work, and build up immunity as the days pass. This means that for about a month you’d still be open to COVID-19 infections, which is why healthcare workers emphasize the importance of sticking to social distancing guidelines, wearing face masks when entering spaces with other people, and frequent hand washing.

Vaccines won’t clear your body of the disease

This FDA Approved COVID-19 Self-Test Is Available On Amazon — Photo by Mufid Majnun via Unsplash

If you get your shot while having COVID-19 in your body, the vaccine won’t eliminate the infection. As you’ve likely heard, there’s a margin of error when getting tested, which is why experts avoid congregating even with a negative test result. There’s a short window when you can test negative even when infected. If you were infected and received your COVID-19 vaccine, the shot won’t eliminate the infection that already existed in your body.

Even while vaccinated, there’s still the possibility of infection

Adults In Legal Marijuana States Don't Have 'Buyer's Remorse,' Poll Finds — Photo by monkeybusinessimages/Getty Images

There’s a lot we don’t know about COVID-19 vaccines, simply because not enough time has passed in order to document their long term effects. It’s possible for people who have been inoculated to still get infected, just like with the flu. Still, the COVID-19 vaccine decreases the intensity of the symptoms and makes severe COVID-19 highly unlikely. So while you might get infected, it would be very rare for you to get very ill from the virus. But yes, you can still test positive for COVID-19 after vaccination

Senate Leaders Announce Plan To Federally Legalize Marijuana

Mike Adams

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February 2, 2021

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The U.S. House of Representatives passed a bill last December to federally legalize marijuana, but it failed to garner any consideration by the then Republican-controlled Senate.

Democratic Senate leaders announce plan to federally legalize marijuana some time this year.

In a joint statement released Monday, Senate Majority Leader Chuck Schumer, Senate Finance Committee Chairman Ron Wyden and Senator Cory Booker detailed how the Democratic-controlled upper chamber will prioritize federal marijuana legalization in the new Congress. They plan to introduce legislation in the coming weeks designed to establish a taxed and regulated cannabis market.

“Ending the federal marijuana prohibition is necessary to right the wrongs of this failed war and end decades of harm inflicted on communities of color across the country,” Senators Booker, Wyden, and Schumer said in a statement. “We are committed to working together to put forward and advance comprehensive cannabis reform legislation that will not only turn the page on this sad chapter in American history, but also undo the devastating consequences of these discriminatory policies,” the lawmakers continued. “The Senate will make consideration of these reforms a priority.”

Ever since the Democrats won the majority in the Senate, there has been a lot of speculation on exactly how the course of federal marijuana legalization would pan out. Schumer himself said last week that marijuana reform would be a priority. Still, he stopped short of saying that it would include full-blown legalization.

Instead, he acted like it was more probable that this reform would be wrapped up in a much larger racial justice bill — alluding that decriminalization might be in the cards. After all, the Democratic Party’s latest platform indicates that they intend to decriminalize marijuana at the federal level. President Joe Biden has agreed that is the right move.

The U.S. House of Representatives passed a bill last December to federally legalize marijuana, but it failed to garner any consideration by the then Republican-controlled Senate. Schumer said earlier last year that if the Democrats gained control of the Senate, a marijuana legalization bill would go to the floor, and it would likely pass. It seems he is not wasting any time seeing that it does.

Senate Majority Leader Charles Schumer Says Nationwide Marijuana Reform Is On — Photo by Tasos Katopodis/Getty Images

“In the early part of this year, we will release a unified discussion draft on comprehensive reform to ensure restorative justice, protect public health and implement responsible taxes and regulations,” the Senate lawmakers said. “Getting input from stakeholder groups will be an important part of developing this critical legislation.”

Cannabis advocates are thrilled that there’s been such an enormous change in the cannabis narrative on Capitol Hill.

“After years of marijuana policy reform being neglected and mocked by Mitch McConnell, it is heartening to see these Senate leaders working together to repeal the senseless and cruel policy of marijuana prohibition,” said NORML Political Director Justin Strekal. “We look forward to constructively engaging with Congressional leaders, other organizations, and those communities that have historically been most impacted by criminalization in order to ensure that we craft the strongest and most comprehensive bill possible to right the wrongs of the nearly a century of federal cannabis prohibition.”

It’s not immediately clear what President Biden’s thoughts are on this announcement. While the president supports eliminating the criminal penalties associated with pot possession, he isn’t exactly sold on legalization. However, advocates hope that they can convince him to go along with Congress. If he does, 2021 could be the year that marijuana finally goes legal in the United States.

Dry January Leads To Boost In Cannabis Infused Beverages

Debra Borchardt

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February 2, 2021

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Dry January Leads To Boost In Cannabis Infused Beverages

Consumers are becoming more health-conscious and open to cannabis products as they look for new ways to relax and unwind.

While many consumers put down the bottle last this month for Dry January, some have picked up a cannabis-infused beverage instead, causing sales to rise in this emerging category.

The market experienced a similar substitution as a result of the COVID-19 pandemic which has been notable for its effect on the respiratory system. Edible sales jumped higher in 2020 as consumers traded in inhalable forms of cannabis for other consumption methods.

In a study published in the journal Health Psychology, success during Dry January was predicted by measures of more moderate alcohol consumption. The study revealed that success during Dry January was best predicted by a lower frequency of drunkenness in the month prior. The report also determined that people who were successful with the challenge of not drinking for a month also drank less going forward. So, there’s a real reward to managing not to drink for a month, and if cannabis helps, all the better. Some even call it “Cali Sober,” which means no alcohol or drugs except for cannabis.

Lantern is an on-demand, cannabis home-delivery platform that provides legal, convenient access to cannabis dispensaries and their products for state-issued medical marijuana cardholders. In January, Lantern said it has seen a significant uptick in sales of cannabis beverages specifically.

“It’s exciting to see how new consumers and canna-connoisseurs are exploring alcohol alternatives in the first month of the new year and turning to cannabis-infused beverages,” says Meredith Mahoney, President of Lantern. “With support for cannabis legalization at an all-time high and the increasing state-by-state legalization that we witnessed last year, consumers are becoming more health-conscious and open to cannabis products as they look for new ways to relax and unwind.”

Fluresh is a cannabis beverage brand that launched on Lantern’s platform in November and has quickly become one of their top-selling brands overall. Fluresh said it has sold more product in the first week of January 2021 than in November and December of last year combined.

“Alcohol replacements are certainly top of mind during Dry January, however we have seen this larger trend of replacing a glass of wine with cannabis to wind down at the end of the day, no matter the time of year,” said Lindsay Levin, Chief Marketing & Sales Officer, Fluresh. “As part of our recently launched Fluresh Collection, a standout has been our groundbreaking Fast-Acting Drink Enhancer, uniquely designed to create a customizable cannabis cocktail with an accelerated activation in as little as 15 minutes. While there has been an increased interest in our Drink Enhancer in January, sales have been strong since the product launched this summer.

“With very few calories, total taste and dose customization and none of the after-effects of alcohol, Fluresh Fast-Acting Drink Enhancer is quickly becoming a go-to alternative to alcohol.”

“To our pleasant surprise, our January sales thus far have exceeded even our December sales. Trading high alcohol, high-calorie drinks with zero alcohol, low calorie Saka Vinfusions is Dry January’s best accompaniment,” said Tracey Mason, Co-founder and CEO of House of Saka. Saka Vinfusions are cannabis-infused beverages made from select vineyards within the iconic Napa Valley appellation. Consumers can drink a Saka infused beverage that tastes like their favorite wine, but it has no alcohol in it. “Saka vinfusions have proven to be the perfect antidote for those of us who practice dry January — myself included. Our sales this month are actually stronger than our December sales.”

This article originally appeared on Green Market Report and has been reposted with permission.

This Is The Largest Barrier To Medical Cannabis Use In Florida

News

Karhlyle Fletcher

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February 1, 2021

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This Is The Largest Barrier To Medical Cannabis Use In Florida

It’s not the doctors or the patients who stand against the adoption of cannabis medicines. Instead, it is outdated legislation.

While medical cannabis is available in over half of the states in America, federal law prohibits the substance. According to the government, cannabis is a Schedule 1 substance, which means they consider it an addictive material with no medical value. Yet, as America is continuing to notice, millions use cannabis medicinally.

According to a recent Florida study published in the journal Complementary Therapies in Medicine, the largest barrier to cannabis use is an average cost of $200 to $300 a month, which is not covered by insurance. Of the 196 respondents surveyed, 89% said they had a regular doctor, yet only 9% of respondents said that doctor was the same one who prescribed medical cannabis. Most respondents reported supportive reactions when they informed their doctor of their cannabis use.

Thus, it is not the doctors or the patients who stand against the adoption of cannabis medicines. Instead, it is outdated legislation that doesn’t allow insurance companies to cover their customers’ preferred medicine. Similar laws don’t allow doctors full access to data or permission to discuss cannabis with their patients.

How Medical Marijuana Could Soon Be Prescribed By Doctors Nationwide — Photo by LightFieldStudios/Getty Images

Full Spectrum Approaches Lead To Full Spectrum Results

Many patients checked off various conditions that they treated with cannabis, including depression, chronic pain, arthritis, nausea, spasms, and migraines. These conditions comprised 70% of those listed by patients. However, when asked a follow-up question about what other conditions cannabis could treat, anxiety, PTSD, insomnia, and irritable bowel syndrome were listed.

Perhaps the best features of the study are quotes from the patients. One illustrates what it’s like purchasing cannabis without support from his insurance, explaining: “I think they can afford to give me $300 or $400 a month for me to buy my cannabis. How many dollars is Medicare and insurance companies saving because we voluntarily left their racket and we’re saving our own money, and we’re not getting any reimbursement at all? We can’t claim it on our taxes. We can’t get reimbursement anywhere. That’s not right.”

A female patient further illustrated the poor access, stating: “We don’t have access to all the cool strains that South Florida and Eastern Florida have. I don’t know why, because at the same dispensaries, they just don’t give us the products that other places have, and they don’t stock it. I mean, truly it is the main place here in Florida. Why on earth don’t they stock their dispensaries up here? Why are we less important than South Florida?”

Cannabis is a much desired alternative medicine that people are struggling to afford. The study also concluded that patients were using cannabis to treat a variety of conditions at once, rather than a specific issue, as insulin would. This furthers the idea that cannabis is a holistic medicine, affecting the whole body.

While cannabis is a valid alternative to opiates for the management of pain, it may also help to deal with nausea while improving mood and quality of life. Further research could track cultivar-specific effects over months to illuminate the broader picture of cannabis’s effects. Otherwise, the Florida research is another step in the right direction by a leading economy.

What US Government Could Learn From Oregon’s New Drug Decriminalization Law

Mike Adams

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February 1, 2021

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What US Government Could Learn From Oregon’s New Drug Decriminalization Law

Even though the state’s decriminalization model won’t eliminate all problems associated with drug abuse, it could help chip away at it while saving law enforcement resources.

Oregon decriminalized the possession of all drugs in the November 2020 election. The law officially goes into effect on February 1, 2021. This means, from this point forward, those caught holding what the state considers a “small amount” of any illegal substance, including cocaine, methamphetamine and heroin, will no longer be charged with a crime and fed to the wolves of the criminal justice system. Instead, the offender would have to pay a small fine. No jail, no lengthy court battle.

The state is also putting a renewed focus on drug rehabilitation by allotting more than $100 million in cannabis taxes for those services. This concept might sound groundbreaking, but it is actually nothing new. Drug decriminalization has been successful for decades in Portugal. But will the United States government take notice of this policy and make a similar shift in the coming years?

The new drug decriminalization law in Oregon eliminates the criminal penalties associated with the possession of illicit substances and makes it a civil infraction. Anyone caught holding personal amounts of illegal drugs will be given the option of paying a $100 fine or participating in a health assessment. The goal is to provide addicts with a pathway to recovery rather than treat them like criminals.

According to the Oregon Criminal Justice System, the new law will decrease the number of convictions for possession of controlled substances by more than 90%. In addition to using cannabis funds to finance addiction services, the state says it will save millions by not locking up drug offenders. This money will also be put toward harm reduction programs.

Oregon Becomes First US State To Decriminalize Drug Possession — Photo by pina messina via Unsplash

Portugal became the first country to decriminalize all drugs in 2001. It didn’t do this to be cool or progressive, but to combat a devastating heroin problem. It was a simple idea: Get caught with dope, go to drug rehab. Many critics thought Portugal was destined to become a drug addled nation — even worse than it was already. But the opposite happened. It started to recover.

In the years following decriminalization, drug deaths were around five times lower than the European average, HIV cases diminished significantly, and drug use overall experienced a decline in people 15-24 years old. It seemed the country was on the mend — big time. Between 1998 and 2001, the number of Portuguese people in drug treatment increased more than 60%. Most of these rehab cases were people seeking treatment for opioid addiction. And while the law didn’t stop the flow of illegal drugs from pouring into the country, it provided drug users with more options than jail or death. Furthermore, drug dealers in Portugal are still put in prison.

Meanwhile, drug addiction continues to skyrocket across the United States — 83,000 drug overdose deaths since May 2020 — and the federal government still considers drug possession a crime. As it stands, more than 46% of federal inmates are there as a result of a drug-related offense. Although some jurisdictions have opted lately to decriminalize marijuana, possession of any other controlled substances almost inevitably means jail time.

Oregon Will Stop Using Marijuana Tax Revenue To Fund Police — Photo by everett mcintire via Unsplash

Oregon is the only state so far that has opted for the full decriminalization model. And while the program is only in its infancy, it is expected to mimic Portugal in the way of results. Even though it won’t eliminate all of the problems associated with drug abuse, it could help chip away at it while saving law enforcement resources. It’s a policy that should be considered greatly at the national level. But that could take time.

In 2014, when Colorado became the first state to legalize marijuana for recreational use, lawmakers often referred to the new law as an “experiment.” They felt the state was just kicking around a new idea that, depending on the outcome, might serve as a roadmap for federal policy. Well, now, more than half the nation has legalized, with federal reform expected to come fairly soon.

Perhaps similar to how they watched marijuana legalization, lawmakers will take notice of the decriminalization policy in Oregon and introduced like-minded measures in the years to come. After all, the U.S. has already proved that locking up drug offenders doesn’t work. It’s one of the reasons that President Biden has promised to decriminalize marijuana nationwide. But what’s right for pot users should be applied to drug users across the board. Let’s hope the 117th Congress thinks about this in 2021 while drafting criminal justice reform.

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