Trump Says He Can Ignore Medical Marijuana Protections Passed By Congress

President Trump Signs VA Accountability Act

December 21, 2019

Tom Angell

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In a statement attached to a large-scale funding bill he signed into law on Friday, President Trump said in effect that he reserves the right to ignore a congressionally approved provision that seeks to protect state medical marijuana laws from federal interference.

Division B, section 531 of the Act provides that the Department of Justice may not use any funds made available under this Act to prevent implementation of medical marijuana laws by various States and territories,” Trump wrote in a signing statement. “My Administration will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”

Although the vague language doesn’t directly say he plans to ignore Congress’s will to block Justice Department prosecution of medical cannabis patients and providers, presidents typically use signing statements such as this one to flag provisions of laws they are enacting which they believe could impede on their executive authorities. By calling out the medical marijuana rider, Trump is making clear that his administration believes it can broadly enforce federal drug laws against people complying with state medical marijuana laws even though Congress told him not to.

But it doesn’t necessarily mean that a crackdown is on the way.

The administration hasn’t carried out any major enforcement activities against state-legal marijuana businesses since taking office, in accordance with Trump’s campaign pledges that he would respect the right of states to enact their own cannabis laws without federal interference. That also goes for recreational policies and businesses that aren’t even covered under the congressionally adopted rider, which has been part of federal law since 2014.

It is the third time Trump has said in a signing statement that his administration doesn’t necessarily have to abide by the medical marijuana provision. He included similar language when signing off on annual appropriations bills last year and in 2017, though he did not do so in 2018.

In August, the president reiterated his support for letting states legalize cannabis without federal interference.

“It’s a very big subject and right now we are allowing states to make that decision,” Trump said. “A lot of states are making that decision, but we’re allowing states to make that decision.”

Last year, when asked about separate pending congressional legislation that would more broadly exempt state-legal marijuana activity from the federal Controlled Substances Act, he said he “really” supports the bill.

Given the president’s consistently voiced support for respecting state cannabis laws, it’s not clear why he has gone out of his way to reserve his right to ignore the medical marijuana rider on a near-annual basis.

Among the handful of other provisions Trump singled out in his new signing statement are ones dealing with the closing the detention facility at Guantanamo Bay, restrictions on diplomatic activities and the dissemination of information that may be protected by executive privilege.

The Fiscal Year 2020 funding bill that Trump signed into law on Friday does not contain a broader rider seeking to shield all state marijuana laws—including those that allow recreational use and sales—that had been approved by the House of Representatives earlier this year. It, along with another provision that would have protected banks that serve state-legal cannabis businesses from federal punishment, was dropped from the final legislation in bicameral negotiations with the Senate.

Congressional leaders did include several cannabis-related provisions in a report attached to the legislation, though, such as language directing the Food and Drug Administration to formulate a policy of enforcement discretion for CBD products and requiring the National Institute on Drug Abuse to compile a report on the barriers that the Schedule I status of drugs including marijuana places in front of scientific research.

CONTINUE READING…

RELATED:

https://www.whitehouse.gov/briefings-statements/statement-by-the-president-33/?utm_source=link&utm_medium=header

https://kentuckymarijuanaparty.com/2014/01/02/on-legalization-when-the-u-n-comes-a-marching-along-we-will-all-be-singing-a-brand-new-song/

https://kentuckymarijuanaparty.com/2014/10/15/lets-talk-about-corporate-cannabis/

https://kentuckymarijuanaparty.com/2015/05/08/and-all-the-green-fields-will-runneth-red-with-blood/

https://kentuckymarijuanaparty.com/2015/07/09/conflicting-federal-laws-beg-to-differ-on-marijuana-enforcement/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

DEA Data Show Kentucky Has Highest Rate of Illicit Marijuana Plants in US

Monday, Nov. 11, 2019 | Author: ProCon.org

Kentucky, where both recreational and medical marijuana are illegal, grows more illicit marijuana plants per 100,000 people than any other state, according to DEA data analyzed by American Addiction Centers. In 2018, the US Drug Enforcement Administration (DEA) eradicated 418,076 cannabis plants in Kentucky, about 9,356 plants per 100,000 people.
California, which legalized medical marijuana in 1996 and recreational marijuana in 2016, came in second place with 4,572 illegal cannabis plants per 100,000 people. The DEA confiscated over 1.8 million marijuana plants in the state last year.
Massachusetts and Wyoming tied for last place with zero cultivated plants seized by the DEA in 2018. Wyoming has not legalized marijuana, but Massachusetts legalized medical marijuana in 2012 and adult-use (also called recreational) cannabis in 2016.
Across the United States, the DEA seized 2.82 million cannabis plants in 2018, down from 3.38 million plants in 2017.
Kentucky also earned first place in the number of destroyed illegal grow sites in the country. 15 grow sites per 100,000 people were destroyed in Kentucky, more than double the next-highest state, West Virginia (7.4 per 100,000 people). West Virginia legalized medical marijuana in 2017 but has not legalized recreational use.
Delaware, DC, Maine, Massachusetts, Minnesota, North Dakota, Pennsylvania, Rhode Island, South Dakota, Vermont, and Wyoming all had zero grow sites destroyed per 100,000 people. Except Wyoming, each of those states and DC have legalized medical marijuana, and 3 states and DC have legalized recreational use: Maine, Massachusetts, and Vermont.
Despite not having any plants seized, Wyoming bulk-processed the most marijuana at 1,095 pounds per 100,000 people, 46.8% more than the next highest state, Arizona, which had 746 pounds per 100,000 people. Arizona legalized medical marijuana in 2010. American Addiction Centers theorized that the marijuana being bulk-processed in Wyoming might come from nearby states that have legalized marijuana, such as Colorado.
Delaware, DC, Illinois, Maine, Minnesota, North Dakota, Rhode Island, South Dakota, Tennessee, and Vermont bulk-process the least amount of marijuana (0 pounds per 100,000 people). Among those states, only South Dakota and Tennessee have not legalized marijuana for medical use. Three of those states and DC also have recreational marijuana: Illinois, Maine, and Vermont.
The DEA’s Domestic Cannabis Eradication/Suppression Program seized $52,308,982 in assets related to illicit cannabis plants last year.
33 states and DC have legal medical marijuana, and 11 states and DC have legal recreational marijuana.
Read what the 2020 candidates think about recreational marijuana legalization on our 2020 election site.

PLEASE CONTINUE READING…

DEA Announces Steps Necessary to Improve Access to Marijuana Research

temporary

FOR IMMEDIATE RELEASE

Monday, August 26, 2019

DEA Announces Steps Necessary to Improve Access to Marijuana Research

The Drug Enforcement Administration today announced that it is moving forward to facilitate and expand scientific and medical research for marijuana in the United States. The DEA is providing notice of pending applications from entities applying to be registered to manufacture marijuana for researchers. DEA anticipates that registering additional qualified marijuana growers will increase the variety of marijuana available for these purposes.

Over the last two years, the total number of individuals registered by DEA to conduct research with marijuana, marijuana extracts, derivatives and delta-9-tetrahydrocannabinol (THC) has increased by more than 40 percent from 384 in January 2017 to 542 in January 2019. Similarly, in the last two years, DEA has more than doubled the production quota for marijuana each year based on increased usage projections for federally approved research projects.

“I am pleased that DEA is moving forward with its review of applications for those who seek to grow marijuana legally to support research,” said Attorney General William P. Barr.  “The Department of Justice will continue to work with our colleagues at the Department of Health and Human Services and across the Administration to improve research opportunities wherever we can.”

“DEA is making progress in the program to register additional marijuana growers for federally authorized research, and will work with other relevant federal agencies to expedite the necessary next steps,” said DEA Acting Administrator Uttam Dhillon.  “We support additional research into marijuana and its components, and we believe registering more growers will result in researchers having access to a wider variety for study.”

This notice also announces that, as the result of a recent amendment to federal law, certain forms of cannabis no longer require DEA registration to grow or manufacture. The Agriculture Improvement Act of 2018, which was signed into law on Dec. 20, 2018, changed the definition of marijuana to exclude “hemp”—plant material that contains 0.3 percent or less delta-9 THC on a dry weight basis. Accordingly, hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold, is not a controlled substance, and a DEA registration is not required to grow or research it.

Before making decisions on these pending applications, DEA intends to propose new regulations that will govern the marijuana growers program for scientific and medical research. The new rules will help ensure DEA can evaluate the applications under the applicable legal standard and conform the program to relevant laws. To ensure transparency and public participation, this process will provide applicants and the general public with an opportunity to comment on the regulations that should govern the program of growing marijuana for scientific and medical research.

The Notice of Application is available here: https://www.federalregister.gov/public-inspection/current.

Component(s):

Drug Enforcement Administration (DEA)

Office of the Attorney General

Press Release Number:

19-895

Updated August 26, 2019

SOURCE LINK

“Any displays, sale or solicitation of CBD oil is illegal and individuals involved are subject to federal investigation and prosecution.”

CBD oil, sold in stores throughout Ohio, is illegal and can carry a felony charge

CBD oil, sold in stores throughout Ohio, is illegal and can carry a felony charge

By Shannon Houser | October 9, 2018 at 9:49 PM EST – Updated October 10 at 11:26 AM

CLEVELAND, OH (WOIO) – CBD oil is available online, in every state and is commonly found on store shelves across Northeast Ohio; however, it’s illegal and can result in a felony charge.

So, why the big confusion over the chemical compound?

“I got pulled over in a traffic stop and long story short, they found CBD oil,” said Robert Faulkner.

It was July of last year when Faulkner was arrested in Richland County.

“I tried it for my anxiety. It didn’t work for me at that particular time and I just threw it in the back on my truck,” he said.

Faulkner said he bought it from a store in Columbus. He said the oil was made and manufactured from a hemp store in Cincinnati.

“I never went to the store and thought I was buying something that would potentially put me in prison,” he said.

Faulkner was slapped with two counts of aggravated possession of drugs. He’s awaiting a grand jury trial for the felony charges.

Here in Ohio, you cannot possess CBD oil. The laws aren’t stopping people from buying it and it’s not stopping stores from selling it.

Faulkner believes the reason is there is so much confusion about the law.

“I didn’t knowingly obtain everything illegal. I went to a store to try to help me with an issue I have,” said Faulkner.

THC is the chemical compound responsible for the high in marijuana. The DEA says they’ve learned through science, that CBD will always contain some amount of THC, even trace amounts that won’t get you high.

But given the presence of THC, the over-the-counter oil is illegal.

Cleveland 19 found two local stores with shelves full of CBD oil.

According to the DEA:

“Any displays, sale or solicitation of CBD oil is illegal and individuals involved are subject to federal investigation and prosecution.”

We found in some states, like in Texas, police are raiding stores who are selling CBD oil.

So why isn’t that happening here if it’s illegal?

The DEA wouldn’t say, but did say stores selling it aren’t immune from federal investigation.

Faulkner says he hopes officials and lawmakers can help make the laws more clear so this doesn’t happen to someone else.

“I have an ankle monitor on right now. I have to go check in with probation. I spent four days in jail. This is impacting my life seriously, for something I bought in at the store to just try to help my anxiety.”

CBD is covered by Ohio’s medical marijuana law–and will be available to those with a medical marijuana card.

The FDA recently approved a CBD oil medication that is used to help treat epilepsy.

It can only be prescribed by licensed doctors.

CONTINUE READING…

RELATED:

Why we must repeal prohibition

As the feds crack down on opioid prescriptions, patients are taking their own lives, doctors are losing their jobs and overdose rates continue unabated.

The Government’s Solution To The Opioid     Crisis Feels Like A War To Pain Patients

By Art Levine

Meredith Lawrence's late husband died by suicide after his opioid pain prescription was severely restricted.

Jay Lawrence, an energetic truck driver in his late 30s, was driving a semitrailer across a bridge when the brakes failed. To avoid plowing into the car in front of him, he swerved sideways and slammed the truck into a wall, fracturing his back. For more than 25 years, he struggled with the resulting pain. But for most of that time, he managed to avoid opioid painkillers.

In 2006, his legs suddenly collapsed beneath him, due to a complex web of neurological factors related to his spinal cord injury. He underwent multiple surgeries and tried many medications to alleviate his pain.

The next year, he began to experience some semblance of relief when his doctor prescribed morphine, one of a class of opioid drugs. By 2012, he was taking 120 milligrams per day.

But this isn’t a story about opioid addiction. Lawrence managed a relatively productive, happy life on the medication for the better part of 10 years.

“This isn’t the life I thought I’d have,” he told his wife, Meredith Lawrence, in December 2016. “But I’m all right.”

Living on disability payments, he could still walk around their two-bedroom trailer home using his cane, take a shower on his own and, on his good days, even help his wife make breakfast.

Then, in early 2017, the pain clinic where he was a patient adopted a strict new policy, part of a wide-ranging national effort to respond to the increase in opioid overdose deaths. 

Citing 2016 guidelines from the U.S. Centers for Disease Control and Prevention, her husband’s doctor abruptly cut his daily dose by roughly 25 percent to 90 mg, Meredith Lawrence said. That was the maximum dose the CDC recommends, though does not mandate, for first-time opioid patients. 

The doctor also told Jay Lawrence that the plan was to lower his dose to 45 mg over the next two months, a cutback of more than 60 percent from what he had been taking.

At the end of that traumatic visit, his wife said, Jay Lawrence’s doctor dismissed their concerns and shared his own fear about losing his license if he continued to prescribe high doses of opioids. (When HuffPost followed up, the doctor declined to comment on the case, citing patient privacy.)

For a month, Lawrence suffered on the 90 mg dose. At times, his pain was so bad that he needed help to get out of the recliner, and when his wife looked over, she sometimes saw tears streaming down his face.

He dreaded his next appointment when his dose would be slashed to 60 mg. In the weeks before that scheduled visit on March 2, 2017, Lawrence came up with a plan.

On the day of his appointment, on the same bench in the Hendersonville, Tennessee, park where the Lawrences had recently renewed their wedding vows, the 58-year-old man gripped his wife’s hand and killed himself with a gun.

Meredith Lawrence sits in the living room of the home in Gainesville, Georgia, that she bought after her husband's death

Dustin Chambers for HuffPost Meredith Lawrence sits in the living room of the home in Gainesville, Georgia, that she bought after her husband’s death.

There are at least nine million chronic pain patients in the United States who take opioid painkillers on a long-term basis. As law enforcement and medical regulatory bodies try to curb the explosion in opioid deaths and the rise in illegal opioid use, they have focused on reducing the overall opioid supply, whether or not the drugs are provided by prescription. 

There’s mounting evidence this won’t work ― that curbing patient access to legal prescription opioids does not stem the rate of overdoses caused primarily by illegal drugs ― and that patients are being denied desperately needed relief. There are also troubling indicators that cutting back on opioids increases the risk of suicide among those with chronic pain.

Some chronic pain patients and advocates have even begun compiling lists of individuals they know who have died by suicide after they were no longer able to treat their pain with opioid medication.

“There is no doubt in my mind that forcibly stopping opioids can destabilize some of the most vulnerable people in America,” said Dr. Stefan Kertesz, a professor of medicine and an addiction researcher at the University of Alabama at Birmingham. “And the outcomes for those folks include suicide, overdose and falling apart medically.”

I mean, people need to take some aspirin sometimes and tough it out a little. Attorney General Jeff Sessions

For a decade or so, government officials in the U.S. have sought to drive down the opioid supply through a range of tactics ― from increased seizures of diverted opioid medications to state crackdowns on “pill mills.” The Trump administration has embraced the hard-line approach.

In late January, Attorney General Jeff Sessions announced a “surge” in Drug Enforcement Administration activity targeting pharmacies and physicians that, in the agency’s view, oversupply opioids. In February, the Justice Department doubled down with the announcement of a new task force that would focus on manufacturers and distributors of opioids. In March, President Donald Trump unveiled a plan to lower opioid prescriptions by a third within three years. And in late June, the federal government arrested 600 people, including 165 medical professionals, for allegedly participating in $2 billion worth of fraud schemes involving opioids.

The Trump administration’s efforts are dramatic even within the context of the CDC’s opioid dose guidelines. The guidelines were originally intended to advise primary care physicians treating chronic pain patients and other pain sufferers. They were urged to exercise caution in prescribing opioids, to use alternatives whenever possible and to prescribe daily doses of no more than 90 morphine milligram equivalents (MME) for new opioid users.

For pain patients like Jay Lawrence who had already been on opioids for years, however, the guidelines simply recommended regularly assessing the harms and benefits of the dosage. They didn’t advise either mandatory cutoffs or any set limits. (The Tennessee Department of Health’s guidelines would also have allowed Lawrence to stay at 120 mg of morphine when prescribed by a pain specialist.)

But “the CDC guidelines have been weaponized,” said Kertesz. The ramped-up enforcement by the DEA and state regulators has led some doctors to choose caution and to overcorrect in their prescribing, lest they lose their ability to practice medicine at all. Kertesz decried these policies as “simplistic” in a definitive new article published last week in the journal Addiction.

In February, Sessions struck a particularly harsh tone by suggesting that the fate of chronic pain patients was not high on his list of concerns. “I am operating on the assumption that this country prescribes too many opioids,” the attorney general said. “I mean, people need to take some aspirin sometimes and tough it out a little.”

Attitudes like that are based on a series of mistaken assumptions about pain, according to Dr. Thomas Kline, a North Carolina-based family practitioner and former Harvard Medical School program administrator. Kline regularly updates a list of pain patients, published on Medium, who’ve killed themselves in the wake of draconian restrictions on pain medication.

“I ask people to imagine the very worst pain they’ve ever experienced in their lives,” Kline said. “And then that they’re denied relief by a doctor with the one medicine proven effective for pain control for 50 centuries.” (Historical records show that people in ancient Mesopotamia cultivated the poppy plant for medical use.)

The CDC guidelines have been weaponized. Dr. Stefan Kertesz

The government’s aggressive focus on doctors and patients is unlikely to address the very real menace of opioid-use disorders and sharply escalating overdose deaths. Fraud ― driven by pharmaceutical company policies ― and diversion ― the phenomenon of prescription medications being sold as street drugs ― initially spurred a wave of opioid abuse in the late 1990s, as some doctors turned their practices into pill mills. But new reports by the CDC and a drug data firm, the IQVIA Institute for Human Data Science, suggest that prescription drugs play a much smaller role in today’s crisis.

The reports show that total opioid prescriptions dropped 10 percent in 2017 ― the sharpest annual decline in such prescribing in 25 years. While opioid prescriptions peaked back in 2010, the studies found that growth rates in opioid-linked deaths, overwhelmingly due to illegal fentanyl and heroin, have skyrocketed in the last seven years.

Indeed, although two-thirds of the 64,000 overall drug overdose fatalities were linked to opioids in 2016 ― the most recent year for which there is data ― more than 80 percent of those opioid drug deaths came from illegal street drugs such as heroin and fentanyl. Prescription opioid drug deaths alone ― excluding methadone ― amounted to less than 15 percent of all drug overdose deaths, or about 9,500 fatalities.

Still, the CDC’s guidelines have triggered restrictive laws in at least 23 states that mandate ceilings on opioid dosage. (Oregon, in fact, is moving to taper dosages down to zero for all Medicaid chronic patients over a year.) That makes relief less attainable for pain patients and threatens the practices of doctors who treat them. These laws have been augmented by the growth of state prescription monitoring programs that use the software NarxCare, which is designed to flag addiction but can also rope in pain patients based on their prescription history and use of multiple doctors.

And in June, the House of Representatives passed over 50 bills that would establish dramatic new restrictions on opioid prescribing, eliciting alarm among patients and some disability rights groups.

The side effects of the current enforcement efforts are disturbing enough, from patients denied relief to drug shortages to suicides.

No health agency has kept track of all pain-related suicides that may be linked to doctors cutting back on prescriptions. But some preliminary findings from Department of Veterans Affairs researchers indicate that VA pain patients deprived of opioids were two to four times more likely to die by suicide in the first three months after they were cut off, compared to those who remained on their pain medications.

“To protect people, you have to take care of the patient, not the pill count,” said Kertesz, who worked on the VA’s April 2017 study but spoke to HuffPost only as an independent researcher. “The findings suggest that the discontinuation of opioids doesn’t necessarily assure a safer patient.”

Even terminally ill cancer patients are increasingly getting less relief, and there are growing shortages of injectable opioids at local hospitals and hospices, spurred in part by DEA-ordered reductions in opioid manufacturing quotas.

Leah Ilten, a 53-year-old physical therapist who lives in Kennewick, Washington, told HuffPost that as her 86-year-old father lay dying of pancreatic cancer in a hospice, the medical staff ignored her pleas to provide appropriate opioid pain relief, even cutting his dosage in half on the last day of his life. A few days earlier, when he was in the hospital, one nurse explained to her that opioids could lead to an overdose or could potentially cause the man, who lay moaning in pain, to “get addicted.”

“I was horrified,” Ilten said.

In mid-April, the DEA responded to the injectable opioid shortage by lifting production quotas. An agency spokesman told HuffPost that it was “a manufacturers’ problem, not the quotas,” while asserting that progress is being made.

There have been production issues, including Pfizer’s foul-ups with a plant in Kansas. But the DEA’s delay in taking action ― shortfalls were flagged in February in a letter from the American Society of Anesthesiologists and other health groups ― definitely contributed to the shortage, according to Dr. James Grant, president of the ASA. He told HuffPost that quotas were among the factors creating the crisis.

I’m not willing to go back to the state I was in before I started treatment. Anne Fuqua

Faced with the hardline national crackdown on opioid prescriptions, people with chronic pain are trying to raise awareness of the suffering caused by the loss of medications. Some are gathering the names of those patients who ended up taking their own lives, both as a memorial to those who died and as a protest against the health establishment that has seemingly abandoned them. Others are seeking comfort from each other on social media.

Lelena Peacock, who declined to name her southeastern city of residence for fear of retaliation from doctors, is struggling with how to treat the pain associated with fibromyalgia. The 45-year-old found that her social media posts drew other pain patients who turned to her for help.

By her own count, Peacock has thus far convinced more than 70 chronic pain patients to call 911 or suicide prevention hotlines instead of killing themselves.

For Anne Fuqua, a 37-year-old former nurse from Birmingham, Alabama, the motivation for compiling a list of chronic pain-related suicides is to track the damage done by what she sees as policies that have left people like her behind. 

“There’s so many people who have died,” she said. “We have to remember them.”

Fuqua has an incurable neurological illness known as primary generalized dystonia that causes Parkinson’s-like involuntary movements and painful muscle spasms. She started taking about 60 mg of Oxycontin a day in 2000. Her doctor began to limit her access to high doses of opioids in 2014, the same year she started chronicling those friends who had killed themselves or otherwise died after being denied pain medications. Her informal list is now up to roughly 150 people, augmented by lists that other pain patient advocates have compiled.

On July 9, Fuqua joined other chronic pain patients at a meeting at the Food and Drug Administration campus in Maryland to express their fears and outrage at the cutbacks. Sitting in the front row in her wheelchair, she told FDA officials about that list and declared, “I’m not willing to go back to the state I was in before I started treatment.”

Anne Fuqua needs exceptionally high doses to manage her pain because of opioid malabsorption.

Courtesy of Anne Fuqua Anne Fuqua needs exceptionally high doses to manage her pain because of opioid malabsorption.

Fuqua’s own difficulties are compounded by the fact that her body does not respond to even large doses of opioids the way others do ― she suffers from severe malabsorption that hampers her ability to benefit from everything from opioids to vitamin D. Since 2012, she has relied on a strikingly high daily regimen of 1,000 MME of opioids, including fentanyl patches, to manage her pain.

But her physician, Dr. Forrest Tennant, was driven to retire this year after a DEA raid and investigation. The Los Angeles-area physician mailed her a final series of prescriptions, which will run out at the end of July.

“It’s terrifying,” she said looking at her future. “If these were people who had asthma or diabetes and weren’t stigmatized because of opioids, this wouldn’t be allowed to happen.”

Another doctor has quietly stepped forward to continue treatment for Tennant’s remaining patients, Fuqua said, although there’s no assurance that this physician won’t also be investigated in the future.

If these were people who had asthma or diabetes and weren’t stigmatized because of opioids, this wouldn’t be allowed to happen. Anne Fuqua

The raid on Tennant’s home and office last November illustrates the hard-line regulatory and enforcement approach that critics say doesn’t distinguish between pill-mill doctors who deserve to be shut down and legitimate pain doctors who use high-dosage opioids. The wide-ranging search warrant served to Tennant essentially accused him of drug trafficking even though he’d earned a national reputation for deft treatment of ― and research about ― pain patients.

“He’s highly respected and prominent in pain management,” said Jeffrey Fudin, a clinical pharmacy specialist who heads the pain pharmacy program at the Albany Stratton VA Medical Center in Albany, New York, and serves as an associate professor at the Albany College of Pharmacy and Health Sciences. “Most of his patients had no other options, and they came from around the country to see him.”

Tennant was known for taking on difficult-to-treat patients, including those suffering from pain as a result of botched surgeries and other forms of malpractice. His research included innovations in the use of hormones to alleviate pain and lower opioid use up to 40 percent, as well as work on genetic testing for enzyme system defects that lead to opioid malabsorption.

“The DEA can trigger an investigation every time they misapply the CDC guidelines without paying attention to the population the physician treats or issues of medical necessity,” said Terri Lewis, a patient advocate and a Ph.D. clinical rehabilitation specialist with Southern Illinois University who trains clinicians on how to manage seriously ill patients with incurable pain.

Special Agent Timothy Massino, a spokesperson for the DEA’s Los Angeles division, declined to comment on the agency’s approach to Tennant. “It’s an ongoing investigation,” he noted.

Tennant’s isn’t alone. Physicians must now balance their prescribing obligations to their patients with legitimate fear for their livelihoods.

DEA enforcement actions against doctors have risen some 500 percent in recent years ― from 88 in 2011 to 449 last year, according to an analysis of the comprehensive National Practitioners Data Bank by Tony Yang, a professor of health policy at George Washington University. Even though that’s a relatively small number of arrests compared to the roughly one million physicians in the country, such arrests can have an outsized impact.

“They make big news, and they serve as a deterrent for physicians whose specialties require them to use a lot of pain medications,” Yang said. “It makes them think twice before prescribing opioids.”

Meredith Lawrence shows the tattoo she got after her husband'€™s death. The bluejay represents her husband, Jay; a cup of cof

Dustin Chambers for HuffPost Meredith Lawrence shows the tattoo she got after her husband’€™s death. The bluejay represents her husband, Jay; a cup of coffee is the way she loves to start her day; and the quote is “Sail away with me, what will be will be.”

Dr. Mark Ibsen of Helena, Montana, found himself in a five-year battle against the state licensing board that’s still not over ― even though a judge last month reversed the board’s decision to suspend his license because of due process violations. The court has remanded the case back to the licensing board for potential further investigation of his opioid prescriptions, but Ibsen has decided he won’t resume his medical practice.

That’s bad news for Montana, which has the highest rate of suicide in the country, according to the CDC. What’s more, chronic pain-related illnesses account for 35 percent of all the state’s suicides, as a recent state health department study found.

In the course of his fight with the medical board, the 63-year-old doctor said three of his former chronic pain patients have killed themselves after he and other doctors stopped prescribing opioids. The first of those patients died shortly after attending a hearing to show his support for Ibsen.

The deaths of pain patients haunt those who treated them and loved them. Meredith Lawrence, who sat with her husband to the very end, said, “It was as horrifying as anything you can imagine.”

“But I had the choice to help him or find him dead someday when I came home,” she added.

Lawrence was arrested and sentenced to a year’s probation for assisting a suicide. Now her goal is to fight restrictions on opioid prescriptions.

“If we don’t stand up, more people will die like my husband.”

If you or someone you know needs help, call 1-800-273-8255 for the National Suicide Prevention Lifeline. You can also text HOME to 741-741 for free, 24-hour support from the Crisis Text Line. Outside of the U.S., please visit the International Association for Suicide Prevention for a database of resources.

Art Levine is the author of Mental Health, Inc: How Corruption, Lax Oversight, and Failed Reforms Endanger Our Most Vulnerable Citizens.

CONTINUE READING…

That study isn’t without flaws. Veterans die by suicide at higher rates than average ― currently accounting for 20 suicide deaths a day ― so they are not a nationally representative sample. And the VA study, which was released at a national opioid summit in early April, has not yet been submitted for peer review.

But another study, published last year in the peer-reviewed journal General Hospital Psychiatry, looked at nearly 600 veterans who in 2012 were cut off from dosages after long-term opioid use and found similar results. Twelve percent of the vets showed suicidal ideation or took violent action to harm themselves ― a rate nearly 300 percent higher than the overall veterans community.

What Is Legal and What Is Not??? “I was arrested for multiple felonies…in KNOX County Tennessee for possessing Industrial Hemp”

Pure Spectrum Video

Please view video above.

Following the passing of the 2014 Farm bill, the Kentucky Department of Agriculture launched the Industrial Hemp Research Program that would allow farmers and processors to begin the development of an industry. LINK

There has been some disconcerting news showing up on social      media in the past few days.  It seems the DEA may be trying to push buttons…

They picked the right words for it, “Hemp Research” Bill, because that is exactly what they have been doing since the research       started…using our Farmer’s to start an industry that they damn well knew they would not let them keep for very long.  The idea is to let the Farmer’s do the work for the start-up so that they think that they are accomplishing a great feat, (which they are), and then yank it right out from under them via the DEA and hand it over to the Pharmaceutical Conglomerates where they can make big money by controlling our access to the Cannabis plant.

The fact is that it was not “Marijuana” that they were worried about infiltrating the Nation, it was controlling the Hemp and now the CBD.  Marijuana is just the control button so to speak.

It all comes back around to the NWO and Agenda 21 to control the masses.  (If you control the food – and medicine, you control the people).  But first they want to make sure that everyone wants and/or needs what they are going to take control of.  Once the market starts to bloom, it’s time to take it back.

I first noticed a problem about two months ago when Stripe discontinued merchant services for the U.S. Marijuana Party, stating it was a prohibited business.  I sell nothing but T-Shirts, lol.  I went to my bank and asked them about it and sure enough, they weren’t accepting any “marijuana related” business either.  So, I have no way to sell T-Shirts Laughing out loud online at this time. Unless I want an offshore bank          account!

On July 18th, Brady Bell broke the news that USPS was, as of the 17th “…ceasing all shipping of hemp/CBD products. The inspector said they are going to start confiscating any products that violate their stance…”

PureSpectrum-BradyBell

PureSpectrum-BradyBell2

And so it begins…

Jaime Rothensteinenheimer is feeling heartbroken

I was arrested for multiple felonies at 1pm Wednesday July 18, 2018 in KNOX County Tennessee for possessing Industrial Hemp. My charges are Possession of Sched 6 drugs with Intent to Deliver (marijuana). The COA and 3rd Party Lab Reports were with the hemp products. I was forced to sleep on the porch of a Fireplace Store in Sevierville, TN until the impound opened to retrieve my vehicle. I am being arraigned tomorrow morning at 10am in Knox County Courthouse for Multiple felony charges.

On Wednesday July 18, 2018 at 11am the DEA raided my suppliers warehouses in SC and FL, took controlled samples for testing and went about their business. No charges yet .  On Friday July 20,2018 the Atlantic Beach Police Dept had me sign a form to allow the Search of my business, Terp Market and Lounge, due to the City Commission claiming that “nefarious” characters were coming and going. I complied and the detectives were very polite. It still grinds my gears that we are doing positive things in the community and are getting treated like criminals over a PLANT.     LINK  

No automatic alt text available.



From Brady Bell, of Pure Spectrum CBD, Colorado…

As an industry we have to take a stand. I now know why this is happening. GW Pharmaceuticals are the reason behind this with their lobbying efforts. It’s time the industry takes a stand and we file a class action lawsuit on GW Pharmaceuticals. I have the plan in motion. I will be reaching out to owners and anyone else that wants to join the battle. Feel free to email me, Brady@purespectrumcbd.com. We have the legal team and direction. The rest will require unity. LINK

EVERYONE in the CANNABIS business, whether legal or not, whether it is Hemp or Marijuana/Cannabis that you sell, or USE for medicine or recreationally,  should pay very close attention to what is happening right now.  The quality of Our lives  very much depends upon what happens with Cannabis.

Hemp almost legal as Big Pharma moves in on CBD

Please read the above linked article.

On my end, I am concerned about the control of Cannabis/Hemp and  the regulations which will follow legalization and what it means to the prison industrial complex.  I am concerned about the right to grow a Cannabis plant in my yard and use it personally for medicine and pleasure.  I am concerned about all the children and other people who were so wrongly denied the Cannabis plant since 1937 and before, who so badly needed it as a medication, which was ALREADY IN THE PHARMACOPEIA IN 1900’S, but that the Government pulled out from under them in the name of commerce. 

DEA guidance is clear: Cannabidiol is illegal and always has been

Cannabis, Hemp, Marijuana are all born from the same species.  Don’t let them divide us!

NEVER say legalize!  ALWAYS push for REPEAL of the CANNABIS Plant as a “whole”… 

When it is freed to the People of this Country, and it is no longer a crime to possess or grow on our own property, or use in our own homes, and the Hemp Farmers are free to grow and sell their Hemp plants AND products, then it can be produced by the          Pharma’s as a medication and THEIR products can be labeled as “CONTROLLED SUBSTANCES”!

Until then, Pharma should not be allowed to profit, or produce, any Cannabis medications!

smk

The Kentucky Department of Agriculture (KDA) is conducting an Industrial Hemp Research Pilot Program as authorized by KRS 260.850-260.869, and 7 U.S.C.§ 5940 (also known as Section 7606 of the 2014 Farm Bill).  Industrial hemp plants, leaf, floral materials, and viable seed materials remain a Schedule I Controlled Substance under state and federal law; no person can grow, handle, broker, or process industrial hemp in Kentucky without a license issued by the KDA. For more information on applications, please visit the Applications for the Hemp Program page.  Industrial Hemp is a Controlled Substance and requires a KDA License to Grow, Handle, Process, or Market LINK


Legislative Research: KY SB50 | 2017 | Regular Session

Hemp in Kentucky

Marijuana to Stay A Schedule I Drug, Federal Judge Denies Reclassification

Image result for alexis bortell

By Anushree Madappa On 02/27/18

On Monday, a federal judge of the U.S. District Court for the Southern District of New York dismissed a request to reclassify marijuana — currently a Schedule I drug, leaving the plaintiffs in a limbo after many states have legalized marijuana for medical and recreational purposes.

The plaintiffs — Marvin Washington, Dean Bartell, Alexis Bartell, Jose Belen, Sebastien Cotte, Jagger Cotte, along with the Cannabis Cultural Association Inc. — filed the petition challenging classification of marijuana as a Schedule I drug, hoping that it’s reclassification would pay way for legalization of cannabis across the nation. They sued Attorney General Jeff Sessions, the Department of Justice and the Drug Enforcement Administration (DEA) in the federal court.

They petitioners claimed that the “current scheduling of marijuana violates due process because it lacks a rational basis.”

For decades, Marijuana has been under the Schedule I category of the Controlled Substances Act, the highest level of drug classification making it on par with dangerous drugs like heroin. The government has repeatedly rejected appeals for reclassification. The substances in this schedule have “a high potential for abuse,” (2) “no currently accepted medical use in treatment in the United States,” and (3) there is “a lack of accepted safety for use of the drug or other substance under medical supervision.”

Deeming marijuana as a highly dangerous drug, the U.S. Congress proffered the power to reclassify the drug with the attorney general. The power to reclassify was also granted to the Drug Enforcement Agency (DEA), provided the attorney general signs off on the petition to reclassify the drug based on medical and scientific data provided by the Department of Health and Human Services (HHS). The data should be consistent with the argument for reclassification.

While dismissing the petition, which argued that there was no “rational basis” for the Congress to classify Marijuana under Schedule I, Judge Alkin K Hellerstein said, “By framing their claim in terms of the statutory factors outlined in Section 8 l 2(b) (1), plaintiffs’ lawsuit is best understood as a collateral attack on the various administrative determinations not to reclassify marijuana into a different drug schedule.”

“As such, plaintiffs’ claim is barred because plaintiffs failed to exhaust their administrative remedies,” he added.

The “exhaustion rule” generally implies the plaintiffs to go through all parties and exhaust all “administrative remedies” before moving to the federal courts, which the judge found was not followed in the case.

By approaching the federal court, the petitioners chose to avoid the same fate dealt to previous complaints that challenged the administration agency and lost in 2016, the judge said.

In 2016, a request to reclassify marijuana was denied by the DEA. In a letter to the petitioners, the agency said, “HHS concluded that marijuana has a high potential for abuse, has no accepted medical use in the United States, and lacks an acceptable level of safety for use even under medical supervision.”

The federal court judge said he agrees with the previous verdict given by Judge Wolford of the Western District of New York in the United States v. Green case where he said the petition did not challenge the DEA’s decision “to conclude that there is no currently accepted medical use for marijuana” but the constitutional issue is “whether there is any conceivable basis to support the placement of marijuana on the most stringent schedule under the [Controlled Substance Act] CSA.”

In a document stating the verdict, Hellerstein said, “Plaintiffs have failed to state a claim under any constitutional theory, all of plaintiffs’ remaining claims are also dismissed.”

The judge concluded that the “defendants’ motion to dismiss the complaint is granted. Plaintiffs have already amended their complaint once, and I find that further amendments would be futile.”

CONTINUE READING…

RELATED:

Alexis Bortell, 12, Won’t Let Court Loss Stop Jeff Sessions Medical Pot Fight  (1-27-18)

Last year, then-eleven-year-old Colorado resident and medical marijuana patient Alexis Bortell joined other plaintiffs in a lawsuit against pot-hating Attorney General Jeff Sessions over federal scheduling of cannabis. Yesterday, February 26, a judge with the U.S. District Court for the Southern District of New York dismissed the suit, but Bortell, now twelve, wasn’t distressed. Shortly after the news went public, a post appeared on her Facebook page reading, “We were ready. Smile. We know #SCOTUS [Supreme Court of the United States] is where we are probably going.”   LINK

The note ended with the hashtags #IStandWithAlexis and #AlexisBortell.

http://floridamarijuana.net/breaking-news-jeff-sessions-dea-stand-trial-federal-lawsuit-de-schedule-cannabis/

Trump Administration Battles Sick Kids on Access to Legal Pot

By Erik Larson February 14, 2018, 3:56 PM CST

In a New York courtroom packed with cannabis supporters, the Trump administration urged a federal judge to throw out a lawsuit that aims to pave the way for legal marijuana across the country.

The case was brought on behalf of two sick children, a former National Football League player who says athletes deserve a better way to treat head trauma than addictive opioids and the Cannabis Cultural Association. The suit, filed in July 2017, seeks a ruling that marijuana was unconstitutionally labeled alongside heroin and LSD as a so-called Schedule I drug — the harshest of five government ratings — when Congress passed the Controlled Substance Act in 1970.

In court on Wednesday, Justice Department attorney Samuel Hilliard Dolinger said the plaintiffs didn’t follow legal requirements before suing, beginning with a petition to the Drug Enforcement Agency.

“The right thing is to defer to the agency,” said U.S. District Judge Alvin Hellerstein, an 84-year-old who was nominated by former President Bill Clinton, who famously admitted to experimenting with pot while claiming he “didn’t inhale.”

Cannabis legalization has gained momentum in states, even with an unfriendly face in the U.S. Attorney General’s office. Nine states and Washington, D.C., allow adults to use the plant as they wish. More than one in five people can legally eat, drink, smoke or vape, according to state regulations. Twenty additional states have legalized pot for medicinal use.

Trump Interrupts Marijuana’s Path From Taboo to Legit: QuickTake

Hellerstein said he would issue a ruling later, and it was far from clear which way he was leaning. The judge, who had the courtroom erupting in laughter on more than a few occasions during the hearing, was skeptical of the government’s claim that there’s no medical benefit to marijuana.

“Your clients are living proof of the medical effectiveness of marijuana,” Hellerstein said to the plaintiffs’ lawyer, Michael Hiller.

The legal cannabis industry is predicted to reach $50 billion in sales by 2026, up from $6 billion in 2016, according to investment bank Cowen & Co. Still, the industry is rife with risk. Attorney General Jeff Sessions rescinded in January the Obama-era policies that ushered in legalization in many states.

The lawsuit has some star power with plaintiff Marvin Washington, who played for the New York Jets. He joined the case because the Controlled Substance Act made him ineligible for grants under the Federal Minority Business Enterprise program, which he planned to use for his medicinal cannabis business.

The suit also highlighted the human toll of the federal government’s war on marijuana with young plaintiffs whose lives have been saved or improved by cannabis, including 11-year-old Alexis Bortell of Colorado and seven-year old Jagger Cotte of Georgia.

Bortell’s epileptic seizures were brought under control by cannabis after her family moved from Texas to Colorado so she could legally use it in that state, according to the suit. Cotte, who suffers from Leigh’s Disease, was able to treat excruciating pain with medicinal marijuana and prolong his life by two years beyond his maximum prognosis, according to the suit.

The complaint notes that American presidents from George Washington and Thomas Jefferson to John F. Kennedy and Barack Obama have smoked pot. It also claims the Nixon administration was motivated by ulterior motives when it pushed for the Controlled Substance Act.

Cannabis was criminalized “not to control the spread of a dangerous drug, but rather to suppress the rights and interests of those whom the Nixon Administration wrongly regarded as hostile to the interests of the U.S. — African Americans and protesters of the Vietnam War,” the suit says.

At the hearing, Hellerstein said that argument wasn’t going to work with him.

The decision “will not depend on what may have been in the mind of Richard Nixon at the time,” Hellerstein said.

— With assistance by Jennifer Kaplan

CONTINUE READING…

Court hears challenge to federal marijuana laws

Trial begins for advocates suing Sessions and the DEA over …

ALEXIS BORTELL V. JEFF SESSIONS; FEBRUARY 14, 2018 AT 11:00AM.

Image may contain: 1 person, smiling, outdoor
Why risk everything in court instead of moving to Vancouver without a fight? This. This is medical cannabis. This is us. I am one of millions of faces not ‘the one face’. In two days they have to listen to ALL of us. I will go to the Supreme Court if I have to. #IStandWithAlexis . #AlexisBortell
Alexis Bortell

56 mins ·

Hearing is now moved up to 11 a.m. tomorrow. Please let everyone know. Thanks!

#IStandWithAlexis

Alexis Bortell

July 25, 2017 ·

JEFF SESSIONS SUED IN LANDMARK LAWSUIT CHALLENGING THE CONSTITUTIONALITY OF THE CONTROLLED SUBSTANCES ACT

“Beleaguered” Attorney General Jeff Sessions was named a defendant today in a federal lawsuit challenging the constitutionality of the Controlled Substances Act as it pertains to Cannabis/Marijuana. In a 90-page Complaint, attorneys representing five plaintiffs maintain that the CSA, in classifying Cannabis as a “Schedule I drug,” is so irrational that it violates the U.S. Constitution.

In their Complaint, plaintiffs demonstrate that the Federal Government does not, and could not possibly, believe that Cannabis meets the definition of a Schedule I drug, which is reserved for the most dangerous of substances, such as heroin, LSD and mescaline. By way of comparison, cocaine and crystal meth are considered Schedule II drugs and are thus considered less addictive and less dangerous.

To be classified under Schedule I, a drug: (i) must have a high potential for abuse; (ii) must have absolutely no medical use in treatment; and (iii) cannot be used or tested safely, even under strict medical supervision. The plaintiffs point out that the Federal Government knows that Cannabis does not meet these requirements, especially given that, among other things, the Federal Government: (a) obtained its own medical patent based upon the Federal Government’s assertion that medical Cannabis is a safe and effective treatment for Alzheimer’s Disease, Parkinson’s Disease, and HIV-induced dementia (among other conditions); (b) established a national policy to refrain from investigating and/or prosecuting medical Cannabis businesses and users in the 29 States and three other areas under American jurisdiction (including Washington, DC) that have legalized Cannabis for medical and/or recreational use; (c) provided instructions, through issuance of the FinCen Guidance, on how financial institutions can bank Cannabis business; and (d) admitted that Cannabis does constitute medicine, including through statements by the U.S. Surgeon General and a Federal Administrative Law Judge.

“The record makes clear that the CSA doesn’t make any rational sense, and the Federal Government knows it,” says Michael Hiller, lead counsel in the case. Hiller went on to explain that, “if the Federal Government doesn’t believe in the rationality of its own statute, it’s unconstitutional to enforce it.”

Among the other claims in the lawsuit are that the CSA: (i) was enacted and implemented in order to discriminate against African Americans and to suppress people’s First Amendment rights; and (ii) violates plaintiffs’ constitutional Right to Travel.

The plaintiffs include:

• retired professional football player and Super Bowl Champion, Marvin Washington, who desires, but is ineligible (due to the CSA) to obtain grants under the Federal Minority Business Enterprise program, to open a business that would allow professional football players (among others) to treat with medical Cannabis to reduce opioid dependency and addition;

• an 11-year old girl, Alexis Bortell, who moved to Colorado from Texas so that she could treat her intractable epilepsy with medical Cannabis;

• a six-year old Georgia boy suffering from Leigh’s Disease, Jagger Cotte, who has been using medical Cannabis to lengthen his life and control his otherwise excruciating pain;

• disabled military combat veteran Jose Belen, who uses medical Cannabis to control his post-traumatic stress disorder (PTSD); and

• the Cannabis Cultural Association, whose membership includes many People of Color who contend that the CSA was enacted and has been enforced in a discriminatory manner, rendering them unable to participate in, among other things, the Cannabis industry.

Lauren Rudick, a member of Hiller’s firm representing Cannabis businesses, observed that, at present, “more than 60% of Americans live in a jurisdiction in which medical Cannabis is legal.” She also remarked that a “4/20/2017 Quinnipiac poll found that over 90% of Americans support the use of medical Cannabis – and it’s near impossible to get 90% of the Country to agree on anything.” These numbers led Joseph Bondy, a federal criminal defense attorney and legalization advocate working as co-counsel with the Hiller firm on this case, to “question the agenda of those who continue to push for enforcement of the CSA, given its unlawful and discriminatory impact and that so few in America support such an effort.”

The defendants in the case are Attorney General Jeff Sessions, Acting Administrator of the DEA Chuck Rosenberg, the Justice Department, the DEA and the Federal Government. Co-counsel David Holland, a litigator and longtime advocate for legalization of Cannabis, noted that the “the efforts to criminalize Cannabis are relatively recent and were largely underwritten by racial and ethnic animus.” As reflected in the Complaint, African Americans and other Persons of Color are four times as likely to be arrested under the CSA than white Americans, even though Cannabis is used equally by People of Color and Caucasians.

Contact: Michael S. Hiller (212) 319-4000 x. 308 and (646) 408-5995
Lauren Rudick (212) 319-4000 x. 319 and (917) 405-4206
Joseph Bondy (646) 335-3988
David Holland (212) 842-2480 and (917) 861-2678

#ForAllPatients #AlexisBortell
*Picture Originally shared by Mr. Clark.

Image may contain: 2 people, people smiling, closeup

CONTINUE READING AND TO SOURCE

Video:  Girl taking medical marijuana sues Jeff Sessions and DEA

ALEXIS

https://mjbizdaily.com/wp-content/uploads/2017/07/ECF-Version-of-Complaint.pdf

Kathy Inman

Kathy Inman Great Work!!⭐️⭐️⭐️⭐️⭐️

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Rick Donaldson

Rick Donaldson Alexis, would it be of any benefit to get more people to sign on with these attorneys, to increase the sound/impact of this suit ?

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Jared Jennings

Jared Jennings Do you have a link to the initial or amended complaint? I’d love to read it.

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Alexis Bortell

Alexis Bortell It is on the Pacer system for New York courts we are told.

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Loretta SBuster

Loretta SBuster I love y’all im a Texan illegally trying to heal….

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Samantha Macaluso

Samantha Macaluso You’ve brought me to tears of joy! So happy that there’s a group of people willing to take a stand! I am praying for your continued healing with cannabis and for your lawsuit! May GOD be with you every step of the way!

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Crystal Ramos

Crystal Ramos She stands for freedom and for us all thank you Alexis

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Trevor J Jacovino

Trevor J Jacovino You’ve got so much support Alexis!!! Keep up the good fight, we are here for you!!!

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Pat Warren

Pat Warren WOW !!! the courage of an innocent child …… we should all take lessons from Alexis …..

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Leslie Henson Lindsey

Leslie Henson Lindsey How the crap can you place a patent on a plant. ? God owns all the “patents “

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Michele Ruscitti

Michele Ruscitti Here we go!!! Let’s hope they stay the coarse get all this foolishness out of the way!

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Cindy Ann Trimble

Cindy Ann Trimble God gave us the garden and all within it!

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Pamela Bourque

Pamela Bourque Alexis for president!

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Teddy Vas

Teddy Vas Way to go Alexis!!! God Bless you!!!!!!!

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Jordan Watts

Jordan Watts Huge step toward legalization!

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Kristy Nicole Hendricks

Kristy Nicole Hendricks Go Alexis Go!!! ~hugs from your hometown in Rowlett

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Steve Minton

Steve Minton Ha ha, another nail in the coffin of quivering theocratic fascist and stone-cold racist Jeff Sessions. Trump’s earliest supporter, he’s now finding out the hard way that if you play with the fire of an abusive psychopath like Trump, and defy the will of the people, you get burned.

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Mark Redhawk Nelson

Mark Redhawk Nelson Government and fda has zero control of herbs. Thats why there isnt a huge market for them. And they dont usually command a premium. But there is money to be made. And they have a criminal institution to prifit from. They dont want to lose tgier inco…See More

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David Smith

David Smith How do I get in on this as a plaintiff – to recoup all the money and stress damages from having to move my elderly mom to live with me in CA, where I am a patient, because of Texas prohibition?

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Annette Anderson

Annette Anderson Alexis Bortell, I am so proud of all the great things you have already accomplished and look forward to the amazing things from you in the future. Would love to meet a fellow Texan MMJ refugee but either this us you have planned, you’ll be very busy. I…See More

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Amber Michaels

Amber Michaels I’m with you Alexis!!!!! I may have epilepsy too which more and more docs think I do but to get to Denver to see a neurologist is gonna be the downside!!!! Gotta have a babysitter and got to have a car that’s been checked out before going the drive!!!!…See More

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Elaad Teuerstein

Elaad Teuerstein Good luck with the lawsuit. It’s about time the world got rid of this rediculous ban on MJ. It’s not just the US that tightly controls use of the plant but most countries around the globe have followed suit out of fear of confronting the US about it or…See More

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Terry Odom

Terry Odom Good luck in the fight. It’s such a screwed up system. The government is completely irrational in their logic. And , seriously, it’s always been here, they’re not ever going to eliminate it. Total waste of time, resources, and lives.

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Krizzy Carter

Krizzy Carter Alexis, I have finally moved back to TX and am finally home. My biggest wish is that you can be too one day. All the love and support… from Plano! ❤️

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Ben Morris

Ben Morris Your family is brave and inspiring. Any way to get cannabis legal federally and give access to medicine for kids should be celebrated

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Karen Lockwood

Karen Lockwood Awesome! Alexis, you’ve got a lot of people on your side of this issue. Let the battle begin!! Keep us minions updated, we’ll do whatever it takes to support this battle and fight for the win!

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Michelle Williams

Michelle Williams GOOOOOOO, ALEX!!! Giv’em hell girl!!!
I was living in Plano when u and ur family lived in Frisco, and then made the heartbreaking decision to leave friends, family, ur school to move to Colorado. Ive been with u since then! I commend ur bravery and pray one day this will all be a fading memory!!! Keep up the avocation and I’ll definitely be behind u will ALL my support!!!

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Sharon J. Tucker

Sharon J. Tucker My family and friends all support medical cannabis. We all have family and friends in desperate need of medical cannabis. We are tired of begging for this much needed medicine. Veterans too.

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Clarke Bohorfoush

Clarke Bohorfoush Alexis!! Our prayers are with you and you have our full support!! You’re an incredibly brave young lady and your courage will change this country and the world!!

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Samantha Macaluso

Samantha Macaluso Everyone please reach out to Sessions before his meeting on Thursday with DEA! Your voice matters!!!https://www.justice.gov/contact-us

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Casey Langham

Casey Langham Life, liberty, and the pursuit of happiness….. this plant represents all of these things …. thank you for fighting the good fight

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Darcelia Coleman Haney

Darcelia Coleman Haney Get ’em! Politics having way to much power regarding medicinal use.

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William Joey Dorsett

William Joey Dorsett I hope we win, I hope they end up having to pay, having the rescedual, and having to release people from jail…

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Suzanne Wall

Suzanne Wall Thank you! I am praying for God to give victory to all of you!! Us!!

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Emma Lee

Emma Lee You go girl!! All it takes is one strong will to change the world We’re all behind you cheering!

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J D Goodwin

J D Goodwin Children of the cannabis are coming for you Jeff…be very afraid.

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Jason McCathern

Jason McCathern Ya I knew ole Jeff Sessions was gonna be trouble for us weed smokers from the get-go!

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Belle Shildmyer

Belle Shildmyer

Tenor

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Rob Taft

Rob Taft Sign me up www.420central.org is behind you

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Pat Trahan

Pat Trahan If you need help please post. Good for you, many thanks!

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Shirley McNeal

Shirley McNeal You go Alexis, send them back to school so you can teach them a little more

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Mary Hartman

Mary Hartman The fact that there is even a prescription drug named Marinol negates the fourth paragraph!

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Ingrid Joiya-Warrick

Ingrid Joiya-Warrick FANTASTIC! This should slow Sessions happy ass up until Trump dumps him.

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Rob Paulk

Rob Paulk jeff.sessions. wud die from brain cancer if he only had a brain

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Luis Castellanos Padilla

Luis Castellanos Padilla Fight the good fight
Alexis, Wisconsin,God,&90%of Americans,are with you,!!!

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Adam Cericola

Adam Cericola Wow Alexis Bortell go get em! Prayers for you and your family.

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D Ronald Dudding Jr.

D Ronald Dudding Jr. Bob Goodlatte won’t get on board with nothing but heartless politicians we are seeing a change in Virginia his approval rating has dropped and that’s my opponent in 2018

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Lisa Reichenbach

Lisa Reichenbach What an amazing girl you are! Thank you from so many of us to you and your family for all that you are doing!

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Alexis Bortell

8 hrs ·

It is almost time. Tomorrow is our day. All of us…
I am not suing for money. All I want is freedom to live my life where I want and for the government to get out of MY way. We are standing against medical tyranny. http://ow.ly/Q3tz30in80R #IStandWithAlexis #AlexisBortell

Lawsuit Takes Aim at Trump Administration Marijuana Policy

In a sprawling complaint citing the benefits of pot reaching back 10,000 years, the suit seeks to decriminalize the drug under federal law.

nytimes.com

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James Meissner

James Meissner U go Alexis Bortell !! #WakeUpWorld #LifeOverLaw #EndTheWarOnPeople #EndTheDrugWar #OnePlant united! Its time!

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Robyn James

Robyn James When we have to fight the government, to treat our illness with a plant, the government is corrupt and needs to be overthrown!! Taking our power back one trial at a time!

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Alexis Bortell

51 mins ·

Hearing is now moved up to 11 a.m. tomorrow. Please let everyone know. Thanks! #IStandWithAlexis

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Penny Webb Ransom

Penny Webb Ransom Will have you and the others in my thoughts and prayers.
Tom McCain will peach-tree norm be following this or GA care?

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Robin Hurshman

Robin Hurshman Praying for you Alexis! We will be there with in spirit! Much love and support for such a strong young lady.

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Alexis Bortell

Yesterday at 9:50am ·

Why risk everything in court instead of moving to Vancouver without a fight? This. This is medical cannabis. This is us. I am one of millions of faces not ‘the one face’. In two days they have to listen to ALL of us. I will go to the Supreme Court if I have to. #IStandWithAlexis . #AlexisBortell

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Kyle Young

Kyle Young Two more days I will be praying for you Alexis. AG Sessions needs to eat his words and do what the American People WANT!!!

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Denise Chuck Schrader

Denise Chuck Schrader because marijuana should be the American peoples right…. it shouldn’t have anything stopping anyone that has tried it and it has helped…. #yougotthisgirl #IStandWithAlexis

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Alexis Bortell shared their post.

Yesterday at 6:27am ·

2 more days until our day in Federal Court! Here is the original post with the two images if people want to change their profile picture to show support for the case.

Many Alexis Bortell page friends will be there and we advise people to arrive early as it is going to be busy.

We have heard there are no phones or cameras allowed in the court room but we haven’t spoken to the courthouse security directly yet to confirm. If someone confirms first, please let us know.

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Alexis Bortell added 2 new photos.

February 5 at 12:06pm ·

Here are two images people can use if they want to as their profile pictures to support our case and the hearing on Feb 14th. Your support means a lot to all o…

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Randy Carter

Randy Carter

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Dan Drouin

Dan Drouin I do hope they at least allow TV cameras in there

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Alexis Bortell

Alexis Bortell In front they will

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Alexis Bortell shared OneLuv Organics‘s post.

February 11 at 8:36am ·

I get asked by lots of people if they can sell our soaps in their businesses. Yes, you can and we put a post out about it this morning on our OneLuv Organics page.

Quick summary: You can email support@oneluvorganics.com subject “Reseller” and we will send you details .

It is very easy.

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OneLuv Organics

February 11 at 8:22am ·

Three questions we get often are:

1. How do we join your reseller program and is it hard to join?
To join, email support@oneluvorganics.com subject “Reseller …

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Alexis Bortell

February 10 at 11:58am ·

By using code ‘HHLEX’ you save $10 per bottle of Haleigh’s Hope (they make my medicine) and they donate to my ‘Patches of Hope’ feed the hungry program. This has already raised almost $400 for Patches of Hope. Thanks! http://ow.ly/h0Gl30ik6ig My Soap Store: http://ow.ly/j9gG30ik6eJ

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Alexis Bortell

February 10 at 9:37am ·

4 more days and WE WILL have our day in federal court. Article: http://ow.ly/JER830ik184 Attached is the form with the court information if you want to attend. They are expecting LOTS of people inside and outside the courthouse because it is open to the public. #IStandWithAlexis

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Netha Morgan

Netha Morgan Alexis, gold star mother here, all of our ancestors that have gone before us including my son specialist David John Badie U.S.ARMY(k.i.a.8/1/08) are with you stand strong along with all of those Warriors they will hold you they will guide you and they will help to kick sessions ass good luck my little sister

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Alexis Bortell

Alexis Bortell Thank you.

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Jennifer Leigh Scott

Jennifer Leigh Scott So my son is 12, this is what I’m gonna need from you. I’m gonna need you to marry my son when you grow up because I cannot imagine having a more bad ass daughter in law than you! ❤️
#IstandWithAlexis
#MyIdol

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Alexis Bortell

Alexis Bortell Um, lol.

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PETITION: Demand President Trump Stop the Criminalization of Kratom!

Kratom Warriors:

As many of you know, we just announced that nine noted scientists, working with the American Kratom Association (AKA), authored a letter to President Trump’s White House Opioid Crisis Team Leader Kellyanne Conway and Acting DEA Administrator Robert W. Patterson.

This letter amplified the voice of the scientific community – now it’s time for President Trump and Ms. Conway to hear YOUR voice with this petition.

In their letter, the scientists called out the FDA directly for their use of “bad science” when determining the safety profile of kratom.

And that’s why you and I must demand they disregard the FDA’s latest disinformation campaign against kratom.

Please take a few moments and sign the petition to demand the President and Ms. Conway help protect the freedom of consumers to make their own choices about their health and well-being and to stop the criminalization of kratom.

There are organizations across the United States and within the Federal Government working day and night to criminalize kratom.

They don’t care about the truth, the science, or the disastrous impacts banning kratom would have on millions of Americans.

We MUST come together as a kratom community RIGHT NOW to say with one unified voice – STOP THE ATTACK ON KRATOM!

Below is the text of the petition being sent to President Trump and Ms. Conway:

———————————————————————————————————

PETITION TO PRESIDENT TRUMP AND KELLYANNE CONWAY

We the undersigned ask for your immediate action to protect the freedom of consumers to make their own health care decisions, and stop the Food and Drug Administration (FDA) from their broad regulatory overreach and the criminalization of millions of Americans who use kratom. 

Kratom is a safe herbal supplement that is used by Americans to manage their health and well-being. Many have found kratom to be an effective alternative pain management therapy to dangerously addictive and deadly opioids. Leading scientists have concluded that banning kratom will create an unsafe kratom black market, and force kratom users who manage acute or chronic pain to deadly opioids and will lead to increased opioid deaths in America.

Mr. President, we ask that you direct the FDA and the National Institute of Drug Abuse (NIDA) to research how kratom can best be used as both an alternative pain management therapy, and as a potential step-down from opioid addiction; and direct the Drug Enforcement Administration (DEA) to return the proposed scheduling recommendation for kratom to the FDA and NIDA for those additional studies — and leave those Americans who use kratom for their personal health and well-being alone!

————————————————————————————————————————

CLICK HERE TO SIGN THE PETITION TO PRESIDENT TRUMP AND MS. CONWAY – LET’S SEND A CLEAR MESSAGE THAT KRATOM SHOULD BE PROTECTED!

Once you sign this petition, please forward this email to friends, family and even neighbors. Even if they are not a kratom consumer, please try to get their help in supporting this petition.

It is only because of your continued support that we are able to keep fighting to protect kratom. Thank you for your immediate action today.

Dave Herman

American Kratom Association

#IAMKRATOM

#teamAKA

State agents seize Heber City shop’s supply of CBD oil

by DJ Bolerjack   Thursday, December 28th 2017

cbd indiana

(KUTV) – The owner of a Heber City business, Medical Vanguard and Aspen Grove Rustics, is baffled after his cannabidiol, or CBD oil product, a nonpsychoactive byproduct from cannabis plants, was confiscated from his store’s shelves.

Manager of the business, Jenifer Tringham, told 2News Wednesday that they had checked with the DEA and found it was legal in all 50 states at the time.

The manager found the law confusing and since numerous smoke shops across Utah were selling the product, he assumed it was legal.

That profit was on the shelf for weeks, and Tringham said they were helping a lot of people and making a nice profit from it. But when the Department of Occupational and Professional Licensing found out about them selling CBD, they were served a subpoena by state agents.

“We didn’t realize that here in Utah, those that have a medical card and that suffer from epilepsy, they’re the only ones I can really have a CBD oil on hand,” Tringham said.

Dr. Marc Babitz, with the Utah Health Department, said CBD oil is legal only by use in Utah, not to sell.

“Number one: You must see your neurologist, somebody that specializes in seizure disorder who documents that you have a seizure disorder. They fill out forms, you fill out forms, bring them to the Department of Health, verify the information is correct and if everything is fine we issue you a card in the card allows you to be in possession of CBD oil.” Babitz said.

That oil has to be purchased outside of the state in places where it’s legal. Like Nevada and Colorado. With that card, it’s legal to bring back into the state.

“I don’t know of anything that would allow the sale of marijuana products of any kind,” Babitz said.

Now, it’s unclear whether the owner will face charges.

“Right now we’re not selling it. We are abiding by what we were told to do and that was to take it off the shelf and that’s what we’re doing right now.” Tringham said.

If you want to hear more from business owners or the Department of Health on this issue watch the news story above.

CONTINUE READING….

MISC.

http://kutv.com/news/local/gallery/state-agents-seize-heber-city-shops-supply-of-cbd-oil#photo-4

http://kutv.com/news/local/state-agents-seize-heber-city-shops-supply-of-cbd-oil

Colorado girl suing U.S. attorney general to legalize medical marijuana nationwide

Posted 9:24 pm, November 9, 2017, by Rob Low,

LARKSPUR, Colo. — Alexis Bortell is hardly the first child whose family moved to Colorado for access to medical marijuana.

But the 12-year-old is the first Colorado kid to sue U.S. Attorney Jeff Sessions over the nation’s official marijuana policy.

“As the seizures got worse, we had to move to Colorado to get cannabis because it’s illegal in Texas,” said Bortell, who was diagnosed with epilepsy as a young child.

The sixth-grader said traditional medicine wasn’t helping her seizures and doctors in her home state were recommending invasive brain surgery.

But a pediatrician did mention an out-of-state option: Medical marijuana.

Shortly after moving to Larkspur, Bortell’s family began using a strain of cannabis oil called Haleigh’s Hope.

A drop of liquid THC in the morning and at night has kept her seizure-free for 2 1/2 years.

“I’d say it`s a lot better than brain surgery,” Bortell said.

But Bortell said the federal prohibition on marijuana prevents her from returning to Texas.

“I would like to be able to visit my grandparents without risking being taken to a foster home,” Bortell said on why she’s joined a lawsuit that seeks to legalize medical marijuana on the federal level.

Haleigh’s Hope.

Since the 1970s the Drug Enforcement Agency has classified marijuana as a Schedule One drug, which in the eyes of federal policy makes marijuana more dangerous than meth or cocaine and on par with heroin.

“How is that rationale? It’s not compassionate either, but rationality? It’s just outrageous,” said Alexis’ dad Dean Bortell.

He showed his backyard fields, where he grows five acres of marijuana plants used to derive the medicine that helps his daughter and patients he’s never met.

“When you look at it from a distance and you see it saving their lives, me as a father and an American, I go, what are we doing? How could you possibly look at someone who`s benefiting from this as a medicine and threaten to take it away?” Bortell said.

Twenty-nine states and the District of Columbia have legalized medical marijuana.

Alexis’ New York attorney Michael Hiller argues it should be legal nationwide.

“As it pertains to cannabis, the (Controlled Substances Act) is irrational and thus unconstitutional,” said Heller, who added the U.S. government “made a representation that cannabis has medical application for the treatments of Parkinson`s Disease, HIV-induced dementia and Alzheimer’s disease and yet at the same time the United States government maintains that there is absolutely no medical benefit for the use of cannabis. That is of course absurd.”

Denver attorney Adam Foster represents marijuana businesses.

He said he thought the lawsuit was clever but admitted its success might be a long shot.

“Whenever you sue the government, the deck is really stacked against you,” Foster said.

But he added the federal government might have a hard time arguing medical marijuana has no known medical benefits.

“We now live in an era where 62 percent of Americans live in a state where the medical use of cannabis is legal at the state level,” he said.

Alexis Bortell said she hopes her lawsuit will normalize medical marijuana but also legalize it.

“We’ll be able to be treated like what you call ‘normal’ families,” she said.

Bortell is joined in the lawsuit by another child, a military veteran, a marijuana advocacy group and former Broncos player Marvin Washington, who played on the 1998 Super Bowl-winning team.

The federal government has already lost its first motion to have the case dismissed.

CONTINUE READING AND TO VIDEO!

Pot Was Flying Off the Shelves in Uruguay. Then U.S. Banks Weighed In.


Pot Was Flying Off the Shelves in Uruguay. Then U.S. Banks Weighed In.

By ERNESTO LONDOÑOAUG. 25, 2017

A line outside a pharmacy selling legal marijuana last month in Montevideo, Uruguay. Credit Matilde Campodonico/Associated Press

The pharmacies selling pot were doing a brisk business.

After Uruguay became the first country in the world to fully legalize marijuana sales for recreational use last month, some of the pharmacies struggled to keep up with the demand.

Then came the stern letters from American banks.

The letters immediately sent officials in Uruguay scrambling to make sense of the Patriot Act and other American laws that could doom an essential part of their country’s new marijuana market.

American banks, including Bank of America, said that they would stop doing business with banks in Uruguay that provide services for those state-controlled sales.

Afraid of losing access to the American banking system, Uruguayan banks warned some of the pharmacies over the last couple of weeks that their accounts would be shut down, potentially signaling a broader international impasse as other countries, including Canada, set out to legalize marijuana.

“We can’t hold out false hope,” President Tabaré Vázquez of Uruguay told reporters this week, adding that his administration was trying to come up with a solution.

Uruguay’s Marijuana Law Turns Pharmacists Into Dealers JULY 19, 2017

The snag mirrors challenges that such businesses have faced in American states that have legalized medical and recreational cannabis. Under the Patriot Act, which was passed weeks after the attacks of Sept. 11, 2001, it is unlawful for American financial institutions to do business with dealers of certain controlled substances, including marijuana. The provisions were designed to curb money laundering and drug trafficking.

American banks, including Bank of America, said they would stop doing business with banks in Uruguay that provide services for the country’s state-controlled marijuana sales. Credit Spencer Platt/Getty Images

The Obama administration indicated in 2014 that banks were unlikely to face penalties for offering services to marijuana businesses in states where the trade is legal, as long they screened accounts for signs of money laundering and ensured that customers followed state guidelines. This enabled some of the businesses to get accounts at credit unions, but major banks have largely stayed away from the expanding industry, concluding that the burdens and risks of doing business with marijuana sellers were not worth the hassle.

“Banks are businesses, and they can pick and choose who they do business with,” said Frank Robison, a lawyer in Colorado who specializes in marijuana regulation. “From a banking industry perspective, the marijuana industry might be perceived as a flea on a dog’s back.”

Several pot businesses in states like Colorado and Washington — the first to legalize recreational marijuana — have opted to remain cash-only businesses. Others have found small banks willing to take a calculated risk.

But finding a workaround in Uruguay may be hard. Sales of marijuana represent a small share of business for pharmacies, which are currently the only merchants licensed to sell it, and the pharmacies say they need banking services to operate.

Similarly, bankers in Uruguay will probably find it much more important to remain in good standing with American financial institutions than to preserve the accounts of a small number of pharmacies.

The threat of losing their bank accounts has led some of the roughly 15 pharmacies that initially signed up to participate in the new market to give up on marijuana sales, said Pablo Durán, a legal expert at the Center of Pharmacies in Uruguay, a trade group. Twenty other pharmacies that were expected to join the market are holding off while the government explores solutions, he said.

The American regulations are counterproductive, supporters of the legal market in Uruguay contend, because they may inadvertently encourage, not prevent, illicit drug sales.

Fighting drug trafficking was one of the main reasons the Uruguayan government gave for legalizing recreational marijuana. Officials spent years developing a complex regulatory framework that permits people to grow a limited supply of cannabis themselves or buy it at pharmacies for less than the black market rate. Lawmakers hoped that legal structure would undercut illicit marijuana cultivation and sales.

“There probably isn’t a trade in Uruguay today that is more controlled than cannabis sale,” Mr. Durán said.

As a candidate, President Trump said that American states should be free to chart their own courses on marijuana, and he promised to pare back regulation in the financial sector. Attorney General Jeff Sessions, however, has been a sharp critic of legalization and has compared marijuana to heroin.

Now, some members of the cannabis industry wonder whether the United States government will resolve the conflict between its banking laws and the expanding patchwork of measures to legalize recreational and medical marijuana use around the world. The guidance from the Obama administration, issued by the Justice and Treasury Departments in a pair of memos in 2014, addressed the matter domestically but not for international banking.

“Uruguay may be the tip of the iceberg,” said Mr. Robison, the Colorado lawyer who specializes in marijuana regulation.

Pharmacists in Uruguay were incredulous to learn that their bank accounts could be shut down, considering the years of study and planning that preceded the start of retail marijuana sales last month. The country’s marijuana law was passed in 2013.

“We can’t understand how the government didn’t have the foresight to anticipate this,” said Gabriel Bachini, a pharmacy owner in the coastal city of Colonia.

Buying marijuana in a pharmacy in Montevideo. Credit Andres Stapff/Reuters

Since sales began, the number of registered buyers in Uruguay has more than doubled. As of Aug. 15, more than 12,500 people had enrolled in a system that verifies customers’ identities with fingerprint scanners and allows them to buy up to 40 grams per month (at a price of about $13 for 10 grams, enough for about 15 joints, advocates say). Under the law, only Uruguayan citizens and legal permanent residents are allowed to buy or grow marijuana.

“Demand has been very strong,” Mr. Bachini said. “People are thrilled that they no longer have to go to private homes or venture out into neighborhoods” to get marijuana.

In emailed statements, the Treasury and Justice Departments said that their earlier guidance was still being applied. But banking and legal experts say the Trump administration has yet to lay down clear markers on this area of policy.

Officials in Uruguay are hopeful that American lawmakers will pass legislation allowing banks to do business with marijuana sellers in states and countries where it is regulated. Representative Ed Perlmutter, Democrat of Colorado, introduced a bill in April that would do that, but marijuana advocates say they do not expect a prompt legislative change.

“It is ironic that laws aimed at fighting drug trafficking and money laundering have created a roadblock for a system that intends to do just that,” said Hannah Hetzer, an analyst at the Drug Policy Alliance, which supports decriminalization of marijuana. “Uruguay is creating a legal market that displaces the illicit marijuana market.”

Mr. Bachini, the pharmacist, said he had not yet heard from his bank. But if it threatens to shut down his account, he said, he will not think twice about giving up marijuana sales.

“This pharmacy has been around for 30 years,” he said. “I’d just stop until this issue with the United States is resolved.”

Correction: August 26, 2017

An earlier version of this article misidentified the state that Ed Perlmutter represents in the House. It is Colorado, not Oregon.

Mauricio Rabuffetti contributed reporting.

A version of this article appears in print on August 26, 2017, on Page A1 of the New York edition with the headline: Uruguay’s Legal Pot Is Imperiled by U.S. Banks. Order Reprints| Today’s Paper|Subscribe

Continue reading the main story


SITSA creates a new “Schedule A” that gives the Attorney General of the United States the power to ban any “analogue” of an opioid that controls pain or provides an increase of energy.

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Kratom Advocates:

If you’ve had one of those days that starts with friends calling you with bad news, and the news just gets worse and worse as the day goes on – then that describes my day perfectly.

On Friday of last week, Sen. Chuck Grassley of Iowa, and Sen. Dianne Feinstein of California, dropped a bill in the U.S. Senate that our lobbyists believe will give the FDA and DEA a backdoor way of banning kratom completely in the United States.

S. 1327 is euphemistically called the SITSA Act.  And a companion bill in the US House of Representatives has already been filed, H.R. 2851, by Representative John Katco of New York.

The SITSA Act stands for the “Stop Importation and Trafficking of Synthetic Analogues Act of 2017.”
SITSA creates a new “Schedule A” that gives the Attorney General of the United States the power to ban any “analogue” of an opioid that controls pain or provides an increase of energy.

That is kratom. Because kratom’s 2 primary alkaloids, mitragynine and 7-hydroxymitragynine, though not opioids, act similarly in some ways.
They could of just called this bill the “Schedule Kratom” Act.

This legislation will allow the Attorney General, and his supporters at the DEA, to add kratom to Schedule A on a “temporary basis” that will last for 5 years.
And once added to Schedule A, the Attorney General can convert it to a permanent schedule.
After everything that we’ve fought successfully against and endured together as a movement, our lobbyists are concerned that this is now the perfect storm for banning kratom.

Under the current Controlled Substances Act, the FDA and DEA have to prove conclusively that kratom is dangerously addictive and unsafe for consumer use. That’s why we were able to stop them in their tracks when they tried to ram through an “emergency scheduling” ban on kratom.

And it is why the FDA is having such a tough time in finding some justification to schedule kratom under regular rulemaking.

So now the anti-kratom bureaucrats in Washington want to ban kratom simply by claiming it has the same effects as an opioid – calling it an “analogue” of the opioid.

And the SITSA Act can enforce a ban on kratom by criminalizing any manufacturer or distributor of kratom. Ten years imprisonment just for manufacturing or selling a kratom product, and a fine of $500,000 if you are an individual, $2,500,000 if the defendant is a company.

If you import or export kratom, it is a 20-year sentence.

And then there are harsh penalties for what they call “false labeling” of a Schedule A substance.
That’s why am writing – because I need your help again.

We have to convince Sen. Grassley, Sen. Feinstein, and Representative Katko that they have to exempt natural botanical plants from the SITSA Act.
We have to act quickly, because I learned today that the House Judiciary Committee is looking to schedule a Hearing before they leave for recess next month.

So I hope you will help by doing three specific things:

1.    Click on the link below and sign our petition that the AKA will have delivered to every member of the Senate and House Judiciary Committees. 

PLEASE SIGN THIS PETITION URGING LAWMAKERS TO REMOVE KRATOM FROM THE SITSA ACT.

2.    I need you to pick up the phone and call Sen. Grassley’s office, Sen. Feinstein’s office, and Representative Katco’s office. When the staff member answers the phone, tell them that their boss should exclude natural botanicals like kratom products from the SITSA Act.

Here are the phone numbers you should call:

Senator Grassley:    (202) 224-3744
Senator Feinstein:    (202) 224-3841
Congressman Katco:    (202) 225-3701

When you call, be polite, but firm.  Kratom should be exempted from SITSA.

3.    Please click on the donation link below and help us once again to take on this fight with a team of lawyers, lobbyists, and public relations professionals.  Please consider making a monthly contribution to the AKA.

DONATION LINK TO HELP THE AKA FIGHT THIS LEGISLATION.

I know I am asking a lot.

But we need to fight back hard, or they will steal our freedoms from us to make our own decisions about our health and well-being.

So please, sign the petition, call the the sponsors of SITSA, and please, please, give as generous a contribution as you can to help us put our team on the ground in Washington, D.C.

With your help, we have established ourselves as a real force in Washington.

With your continued help – help that I am so grateful for – we can win this battle against the enemies of kratom.

Your contribution will help us hire the lawyers we need for a brief on why this legislation violates due process and current law; our lobbyists to knock on doors on Capitol Hill; and our public relations team to rally the press to tell our story.

We will stand up for freedom.

Thank you for your continued support.

Sincerely,

Susan Ash
Founder and Spokesperson
American Kratom Association
www.americankratom.org

http://mailchi.mp/americankratom/new-legislative-attack-on-kratom?e=2709219685

https://www.facebook.com/kratom.us/photos/rpp.260289027341069/873568049346494/?type=3&theater

Cannabis and the Constitution: A Brief History of Cannabis in the U.S.

Lisa Rough

The Constitution of the United States is arguably the most important document in the history of this country, aside from possibly the Declaration of Independence. It forms the backbone of America’s most basic rights, liberties, and laws upon which democracy is founded.

In its original form, the Constitution contained no mention of drugs or alcohol. In order to enact alcohol prohibition, the Eighteenth Amendment was introduced and ratified in 1919, specifically stating that the production, transport, and sale of alcohol was illegal. The prohibition of alcohol lasted 13 years, until the Twenty-first Amendment was introduced to repeal the Eighteenth Amendment in its entirety and re-legalize alcohol.

There is no mention of cannabis, nor any other drugs, in the Constitution. Does that mean that the prohibition of cannabis is unconstitutional?

There is no mention of cannabis, nor any other drugs, in the Constitution. Does that mean that the prohibition of cannabis is unconstitutional?

The first international prohibition of drugs came in the form of the International Opium Convention, an international drug treaty commissioned in response to the rising opium trade. The International Opium Convention was signed on January 23, 1912 and went into force globally in 1919, when it was incorporated into the Treaty of Versailles. The initial objective of the treaty was not prohibition or criminalization of drugs, but rather restricting exports of opium, coca, and cannabis.

In the United States, the Pure Food and Drug Act of 1906 was the first law of its kind to deem cannabis, along with alcohol, morphine, and opium, as “addictive and/or dangerous.” The law required drug labels to list any of these ingredients, and was primarily a “truth in labeling” law, although it was credited with paving the way for the eventual creation of the Food and Drug Administration. Curiously, cannabis, cocaine, heroin, and other such drugs continued to be available legally without a prescription, so long as they were properly labeled.

Then, along came Harry Anslinger.

RELATED STORY

The Origin of the Word ‘Marijuana’

As head of the Federal Bureau of Narcotics, Anslinger took note of the rising use of cannabis in the 1930’s. In 1935, he urged Franklin D. Roosevelt to adopt the Uniform State Narcotic Act, using the Hearst newspaper chain to promote the campaign. The Uniform State Act defined “habit forming drugs” as coca leaves, opium, “cannabis indica,” or “cannabis sativa,” and although only nine states adopted the regulations, it was drafted without any scientific study or evidentiary basis for the marijuana section.

Anslinger continued on a nationwide campaign against cannabis, declaring that marijuana causes temporary insanity. He produced films and advertisements that featured young people smoking cannabis, committing crimes, and killing themselves or others. This is exemplified in the infamous propaganda film, Reefer Madness.

The U.S. government official also made no compunctions about who, exactly, the campaign was aimed against. “Reefer makes darkies think they’re as good as white men,” Anslinger said. “The primary reason to outlaw marijuana is its effect on the degenerate races.” He also offered a charming portrait of the average cannabis consumer, to his knowledge. “Most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others.”

RELATED STORY

It’s Time to Treat Medical Cannabis Like Medicine

In 1937, Anslinger drafted the Marijuana Tax Act, which did not criminalize the possession or use of cannabis; rather, it imposed a tax equaling roughly one dollar on anyone commercially dealing in cannabis or hemp.

Dr. William Woodward, legislative counsel to the American Medical Association, vehemently opposed the bill, noting that much of the “evidence” presented originated from Anslinger himself, and that the use of the word “marijuana,” which was largely unknown at the time, prevented physicians from realizing they would lose cannabis as medicine. “Marijuana is not the correct term,” argued Woodward. “Yet the burden of this bill is placed heavily on the doctors and pharmacists of this country.”

Anslinger may not have actually created the law to prohibit cannabis, but he is certainly responsible for changing the public perception of cannabis from an innocuous substance available in many tinctures and medicines at the pharmacy to a dangerous, addictive, stigmatized drug, a perception that persists today.


RELATED STORY

How Mexican ‘Herbolarias’ Transformed Hemp into Psychoactive Marijuana

In 1969, Richard Nixon drafted the Controlled Substances Act, the legislation that criminalized the use and possession of cannabis, and ruled that marijuana has a high potential for abuse and no established medicinal value. The term “controlled substance” was defined to exclude alcohol and tobacco, an important exemption, as these are two of the most widely used drugs (with some of the most addictive properties).

The United States Constitution was drafted in order to spread power among many groups, by a system of checks and balances to ensure that no one person has too much power. Thus, the Controlled Substances Act could be changed by the Attorney General, the Drug Enforcement Administration, Congress, the Department of Health and Human Services, or by petition from any interested party.

Since 1970, there have been numerous petitions to reschedule cannabis. The first petition was filed by NORML in 1972 and was not given a hearing until 1986, and another attempt in 1981 from Representative Stewart McKinney was also shot down. Since then, it has been a recurrent theme of petition and denial through the years.

“Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.”

Francis L. Young, DEA Administrative Law Judge

During a hearing on the subject in 1988, DEA Administrative Law Judge Francis L. Young concluded that, “In strict medical terms, marijuana is far safer than many foods we commonly consume…Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.”

Whether or not the prohibition of cannabis is unconstitutional, perhaps it is time to reconsider whether the prohibition of cannabis is truly for the safety of the country, or simply for the peace of mind of a few select opponents still entrenched in the past.

CONTINUED…

DoJ Task Force Moves to Review Federal Cannabis Policy

In a DoJ memo, AG Jeff Sessions called for a subcommittee on marijuana and an email shows the DEA inquiring about Colorado cases.

By Aaron G. Biros

In a memo sent throughout the Department of Justice on April 5th, attorney general Jeff Sessions outlines the establishment of the Department’s Task Force on Crime Reduction and Public Safety. That task force, largely focused on violent crime, is supposed to find ways that federal prosecutors can more effectively reduce illegal immigration, violent crimes and gun violence.

The task force is made up of subcommittees, according to the memo, and one of them is focused on reviewing federal cannabis policy. “Task Force subcommittees will also undertake a review of existing policies in the areas of charging, sentencing, and marijuana to ensure consistency with the Department’s overall strategy on reducing violent crime and with Administration goals and priorities,” the memo reads. “Another subcommittee will explore our use of asset forfeiture and make recommendations on any improvements needed to legal authorities, policies, and training to most effectively attack the financial infrastructure of criminal organizations.” Those existing policies that Sessions refers to in the memo could very well be the 2013 Cole Memorandum, an Obama administration decree that essentially set up a framework for states with legal cannabis laws to avoid federal enforcement of the Controlled Substances Act.

In the past, Sessions has said he thinks the Cole Memo is valid, but remains skeptical of medical cannabis. In the last several months, comments made by Sessions and White House press secretary Sean Spicer have sparked outrage and growing fears among stakeholders in the cannabis industry, including major business players and state lawmakers. As a general feeling of uncertainty surrounding federal cannabis policy grows, many are looking for a safe haven, which could mean looking to markets outside of the U.S., like Canada, for example.

Sen. Jeff Sessions (R-AL)
Photo: Gage Skidmore, Flickr

Washington State’s former Attorney General Rob McKenna, Washington State’s former Chief Deputy Attorney General Brian Moran, and Maryland’s former Chief Deputy Attorney General Kay Winfree recently went on the record identifying the BioTrack THC traceability system as fully compliant with the Cole Memo. “The key to meeting the requirements of the Cole Memorandum is ‘both the existence of a strong and effective state regulatory system, and an operation’s compliance with that system’,” says the former attorney general and chief deputy attorneys general in a press release. “As described above, Washington State has a robust, comprehensive regulatory scheme that controls the entire marijuana supply chain.

The email sent to Colorado prosecutor Michael Melito

The flagship component of this regulatory scheme is the WSLCB’s seed to sale inventory system, the BioTrackTHC Traceability System.” Those commendations from a former attorney general could provide some solace to business operating with the seed-to-sale traceability software.

Still though, worries in the industry are fueled by speculation and a general lack of clarity from the Trump Administration and the Department of Justice. In an email obtained by an open records request and first reported by the International Business Times, a DEA supervisor asked a Colorado prosecutor in the state attorney general’s office about a number of cannabis-related prosecutions. The DEA supervisor asked for the state docket numbers of a handful of cases, including one involving cannabis being shipped out of state, according to The Denver Post. “Some of our intel people are trying to track down info regarding some of DEA’s better marijuana investigations for the new administration,” reads the email. “Hopefully it will lead to some positive changes.” So far, only speculations have emerged pertaining to its significance or lack thereof and what this could possibly mean for the future of federal cannabis policy.

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H.R.2020 – To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act

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115th Congress (2017-2018) | Get alerts

Bill

Sponsor:
Rep. Gaetz, Matt [R-FL-1] (Introduced 04/06/2017)

Committees:
House – Energy and Commerce; Judiciary

Latest Action:
04/06/2017 Referred to House Judiciary  (All Actions)

ext: H.R.2020 — 115th Congress (2017-2018)All Bill Information (Except Text)

As of 04/08/2017 text has not been received for H.R.2020 – To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act.

CONTINUE TO DETAILS…

DEA Approves Synthetic Marijuana for Company That Spent $500K to Keep Weed Illegal

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March 24, 2017 at 5:27 pm

Written by Alex Thomas

(ANTIMEDIA) Lobbying in the nation’s capitol is a billion dollar industry, but sometimes, companies dip their toes into state and local politics, as well. When giant corporations want to influence bills and national elections, they generally spread their money around, cozying up to a number of politicians and shaking hands with numerous government officials. However, at the local level, high-dollar financing is a bit more transparent.

Insys Therapeutics is a small player on the national scale. The Center for Responsive Politics reported that they spent only $120,000 lobbying in D.C. in 2016. But in Arizona, where the company is based, they forked over $500,000 — and they did it to keep marijuana illegal in the traditionally Republican state.

Last September, the Washington Post first reported the large donation, which was one of the largest single contributions to any anti-legalization campaign ever.” Insys’ money was given to Arizonans for Responsible Drug Policy, a localized political action committee that opposed the state’s ballot measure to legalize cannabis in 2016. That measure was ultimately defeated, and now the group is fighting the Arizona Marijuana Legalization Initiative, a bill that could hit Arizona ballot boxes on November 8, 2018.

According to the full text of the bill, acquired by Anti-Media via ballotpedia.org, the application was filed at the beginning of March. It states that “marijuana and cannabis have been used safely for thousands of years for recreational, medical, religious and industrial purposes.” The bill also cited a study funded in part by the National Highway Traffic Safety Administration that “did not show a significant increase in levels of crash risk associated with the presence of drugs.”

The bill proposes a number of changes that would essentially legalize marijuana. These include:

“There shall be no limit on the number of cannabis plants in a personal grow that are not yet in a state of florescence.”

“All persons at least twenty-one years of age are authorized to maintain a home garden provided the person obtains a transaction privilege tax license.”

“Commercial grows, home gardens and cannabis sales are not authorized within 1,000 feet of a school.”

According to the Washington Post, Insys has “developed a drug based on a synthetic ingredient, THC. Called Syndros, the drug was approved by the Food and Drug Administration in July for treatment of AIDS and cancer patients’ symptoms.”

Insys was just given preliminary approval for Syndros from the Drug Enforcement Agency (DEA) this week.

However, Insys has a shady history as a big pharmaceutical company, as they manufacture Subsys fentanyl, a deadly painkiller. An NBC report found that as of 2015, Insys had enjoyed sales of $147.2 million for their high-risk drug. They also came under investigation for the aggressive manner in which they were marketing and selling their drug. The NBC study quoted the Oregon assistant attorney general, who stated, “I’ve been investigating drug cases for about 15 years now, and the conduct that we saw in this case was among the most unconscionable that I’ve seen.”

For Insys, the fight against marijuana legalization has been long and arduous. In 2011, they retained the lobbying firm Hyman, Phelps & Mcnamara to nudge the DEA against legalization. In a statement to the Post, the company claimed they oppose marijuana legalization because “marijuana’s safety hasn’t been demonstrated through the federal regulatory process.”

Safer Arizona, the group fighting for legalization, features the tagline, “We don’t have a drug problem, we have a political problem,” on their website. Marijuana legalization in Arizona would be a huge step for nationwide legalization, as the state is seen as a stronghold of traditional American values. However, if big pharma continues to bankroll the opposition, the political action groups fighting against legalization will have more money to fund campaigns for local politicians who share their sympathies.

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“You can’t put the genie back into the bottle”

 

 

images

(Allen J. Schaben / Los Angeles Times)
Patrick McGreevyPatrick McGreevyContact Reporter

Warned of a possible federal crackdown on marijuana, California elected officials and cannabis industry leaders said Friday they were preparing for a potential showdown in the courts and Congress to protect the legalization measure approved by state voters in November.

The flashpoint that set off a scramble in California was a news conference Thursday at which White House Press Secretary Sean Spicer told reporters that the administration had no plans to continue the Obama administration’s permissive approach in states that have legalized marijuana for recreational use.

“I do believe that you’ll see greater enforcement,” he said, adding that the administration would continue to allow states to regulate the sale of marijuana for medical use.

The latest development could force California officials and marijuana industry leaders into an unusual alliance against the federal government, with billions of dollars in profits for businesses and taxes for state coffers at stake.

The state agency responsible for drafting regulations said Friday it was going ahead with its plans to start issuing licenses to growers and sellers in January.

“Until we see any sort of formal plan from the federal government, it’s full speed ahead for us,” said Alex Traverso, a spokesman for the California Bureau of Medical Cannabis Regulation.

In Congress, Rep. Dana Rohrabacher (R-Costa Mesa) plans to introduce legislation that could blunt Spicer’s threat by preventing the Department of Justice from enforcing federal laws against the recreational use of marijuana in states that have legalized it, a spokesman said Friday.

And industry officials warn that any federal crackdown in California and other states will result in many growers and sellers continuing to operate, but on the black market.

California Atty. Gen. Xavier Becerra says he is ready to safeguard the rights approved by 57% of voters in Proposition 64, which allows California adults to possess, transport and buy up to an ounce of marijuana for recreational use.

“I took an oath to enforce the laws that California has passed,” Becerra said in a statement Thursday after Spicer’s comments. “If there is action from the federal government on this subject, I will respond in an appropriate way to protect the interests of California.”

State lawmakers also say California should do what it can to preserve Proposition 64.

“We will support and honor the laws that California voters have democratically enacted,” said Assemblyman Rob Bonta (D-Oakland), an author of legislation creating the licensing system for medical marijuana dispensaries.

Becerra would likely be joined in any defense of the state’s marijuana policy by attorneys general in other parts of the country. Recreational use has also been legalized in Washington state, Colorado, Oregon, Alaska, Maine, Massachusetts and Nevada, home to a combined 68 million Americans.

Washington Atty. Gen. Bob Ferguson, who has worked with Becerra on opposing President Trump’s travel ban, said he and Democratic Gov. Jay Inslee last week asked for a meeting with U.S. Atty. Gen. Jeff Sessions to discuss how the recreational marijuana use system is working in their state.

California Lt. Gov. Gavin Newsom, a leading supporter of Proposition 64, took a similar approach, sending a letter Friday to Trump urging him not to carry through with threats to launch a federal enforcement effort.

“I urge you and your administration to work in partnership with California and the other … states that have legalized recreational marijuana for adult use in a way that will let us enforce our state laws that protect the public and our children, while targeting the bad actors,” the Democrat wrote.

If the Justice Department starts arresting licensed marijuana sellers, the multibillion-dollar industry would join forces with the states that issue permits to challenge the action in court, said Amy Margolis, an attorney whose law firm has more than 200 clients in the marijuana industry, including businesses in California.

“This industry is so mature and it’s so far along that I have no doubt that if the Department of Justice started true enforcement actions against cannabis businesses, that they would go to court,” Margolis said. “I see joint actions between the states and the industry hoping to prevent those type of actions.”

Margolis would argue that it is a states’ rights issue.

“The argument would be that this is a situation where the states have the right to regulate and tax an industry the way they want,” she said, adding that states are gaining tax revenue to pay for government programs.

Although federal law does not outline a medicinal use for marijuana, Trump administration officials have made public statements indicating they recognize that such a benefit exists, which could help the industry in a potential court case, Margolis said.

However, the states may find their hands tied legally if they try to keep federal agents from raiding and shutting down marijuana growing and sales operations, according to Adam Winkler, a professor at UCLA School of Law.

“I imagine that California will mount a legal challenge to any crackdown on recreational marijuana,” Winkler said. “Yet there is not much California can do. Federal law is supreme over conflicting state law. Federal agents are entitled to enforce federal law anywhere in the country, including California.”

He said there are limits to federal power, but the courts have held that the federal government does have the authority to enforce federal drug laws.

Aaron Herzberg, an attorney for the industry, agreed that the state would face a tough fight. He cited the 2005 case Gonzales vs. Raich, in which the U.S. Supreme Court found that under the commerce clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown marijuana even if states approve its use for medical purposes.

“Let’s face it: If the federal government wants to shut down recreational marijuana, they could quite easily accomplish it using federal law enforcement and taxation tools,” Herzberg said.

Others say one basis for legal action would be an argument that enforcing laws against marijuana would damage states that have put regulations in place and are depending on hundreds of millions of dollars in taxes to pay for government programs.

States are too far down the path of regulating, licensing and taxing those who are making big investments in the sanctioned marijuana industry to pull the rug out now, said Richard Miadich, an attorney who co-wrote Proposition 64.

“Given the strict regulatory structure set forth in Proposition 64, that medical and adult-use regulations are being developed in concert, and that public opinion is squarely on the side of states’ rights on this issue, I think it is impractical for the federal government to reverse course now,” he said. “Not to mention the potential for great harm to individual states.”

Supporters of Proposition 64 say there is also a potential political solution.

In recent years, Rohrabacher and former Rep. Sam Farr (D-Carmel) won congressional approval of a rider to the federal budget that prohibited federal funds from being used to prosecute medical marijuana businesses that are in compliance with state laws.

Rohrabacher plans to introduce legislation that would expand the protection to businesses that comply with state laws allowing the growing and sale of marijuana for recreational use, according to spokesman Ken Grubbs.

The congressman is planning the legislation “because recreational use is an issue of individual freedom and should be dealt with legally according to the principle of federalism, a bedrock conservative belief,” Grubbs said.

Rep. Ted Lieu (D-Torrance) is also “reviewing options to counteract whatever the Trump administration’s plans” are for state marijuana laws, said senior advisor Jack d’Annibale.

Another option, though a long shot, would be for Congress to attempt to change the federal Controlled Substances Act to decriminalize the use of marijuana nationally.

Herzberg said reinstituting federal raids would be “a major setback for the industry.”

But the state could still go ahead with a licensing system for medical marijuana growing and sales in spite of a federal crackdown on recreational use, according to Hezekiah Allen, head of the California Growers Assn.

“A vast majority of California growers and cannabis business owners would choose to participate only in the medical marketplace if given the option, and some would choose to avoid licensure entirely if they were unable to distinguish themselves from adult-use businesses,” Allen said.

Because Spicer did not provide details on what an enforcement effort might look like, many in the industry hope it will focus on the illegal exporting of marijuana to other states, leaving alone state-licensed firms that grow and sell pot.

“The biggest crackdown we may see is on the increase of cannabis being illegally exported out of recreational states,” said Nate Bradley, executive director of the California Cannabis Industry Assn.

State Sen. Mike McGuire (D-Healdsburg) said any change in federal enforcement policy on states that have legalized recreational use would be misguided.

“You can’t put the genie back into the bottle — marijuana regulation and enforcement can’t and shouldn’t go backwards,” he said.

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The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX Files: Some doctors fear following Missouri’s medical marijuana law

Posted 11:15 pm, February 21, 2017, by Chris Hayes

ST. LOUIS, MO (KTVI)- A form of medical marijuana may be legal in Missouri, but patients are finding doctors afraid to even discuss it. It’s called CBD hemp oil, extracted from a type of marijuana that cannot get you high. It’s now legal in Missouri for treating intractable epilepsy, but families say some doctors are afraid to honor the new law.

Robert Tufts,  11, says it hurts when he seizes.

“It just feels like some sort of shock like, my brain, inside my head. I’ll just get a little fuzzy feeling and I’ll shake and I’ll be dizzy for a second.”

He takes a handful of pills he says sometimes make him feel worse.

“It just felt like I was so enraged and wanted to break everything.”

His mom, Stephanie, thinks CBD oil could be a better way, but she can’t convince her son’s doctor.

“His exact words to me were, ‘It’s not legal,’” said Stephanie Tufts.  “I said well the oil is legal here in Missouri and he basically came back with, ‘It’s not. The DEA doesn’t see it as legal’ and that’s where he gets his medical license.”

FOX 2 has learned only 66 families in Missouri have obtained medical cards to buy CBD oil, with potentially thousands of families asking for it.

Treasurer Eric Schmitt fought for the new law when he was State Senator.

“This idea that you’ve tried everything and it’s not working, but there may be something that is now legal in the State of Missouri to now possess and use and that a doctor and a hospital would not allow families to access that – there’s no excuse for it,” said Schmitt.

Schmitt has met with hospital administrators across the State trying to get them to reconsider.

“I know for a fact that there are neurologists in those hospital systems that want to be able to recommend, but are not being allowed to by the lawyers. And I think that that’s just…it’s unconscionable.”

There is one hospital working with patients.  It’s in St. Louis, SSM Health Cardinal Glennon Children’s Hospital.

Dr. Sean Goretzke with SSM said, “Even though there might be some negatives and some side effects, (we felt) there was a certain percentage of patients that we owed it to to do everything we could to try to help within a safe and reasonable effort.”

Dr. Goretzke is director of child neurology at SSM Health Cardinal Glennon Children’s Hospital.

“Cases where this works are really highly publicized. There’s a lot of social media attraction to it and those are great and we’re happy about those. But we know this isn’t going to work for every patient, just like every other medicine we have.”

Patients must first try three traditional prescriptions without success.  The marijuana strain that’s cultivated for its CBD oils does not contain the psychoactive THC, which hurts brain development, but Dr. Goretzke says there’s no research to answer whether CBD oil could still present risks.

“The majority of kids we are treating with this substance are so delayed from the burden of their seizures, maybe from the side effects of their other medications, that we feel the potential benefit for this medicine far outweighs those risks,. But with a typically developing child we’re still just not quite sure yet.”

He acknowledged they must start somewhere, but said it would help if there was research money to help answer their concerns.  Dr. Goretzke also said this is not a mandate and the hospital will respect individual doctors who might not want to be part of it.

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CONTINIUE READING…

Don’t expect nationwide marijuana legalization under the Trump administration

Washington DC marijuana handout

With the inauguration of Donald Trump on January 20, the United States got a new president. And with that new president comes a long list of new appointees across various federal agencies and departments. While President Trump’s cabinet selection process has played out publicly, a variety of folks from former president Barack Obama’s administration have quietly stayed on.

One of the most prominent people that’s staying on is the head of the Drug Enforcement Agency, Chuck Rosenberg, who was appointed by former attorney general Loretta Lynch in May 2015.

And that’s particularly notable, as the DEA is responsible for enforcing drug policy in the United States. Most importantly for most Americans, Rosenberg is in charge of enforcing marijuana illegality in the US — an area where, traditionally, the federal government and individual US states have butted heads.

For instance, California legalized medical marijuana use in 1996; despite legality in California, the drug remained illegal on a federal level, and the US government — through the DEA — policed it as such. California medical dispensaries were raided by the federal government repeatedly, regardless of its legality in the eyes of the State of California.

That relationship dramatically changed in 2013 due to a document known as “The Cole Memo” (written by deputy attorney general James Cole). The document re-focused federal resources away from prosecuting individuals who were operating legally within their own states, and instead focused on containment and prevention.

In so many words, it directed federal agencies to stop clashing with state-level marijuana policy.

And DEA head Chuck Rosenberg has upheld that memo.

“He didn’t have too much of a problem following the administration’s directives on that issue,” Marijuana Policy Project senior communications manager Morgan Fox told Business Insider. “And it says a lot for continuity — things will remain relatively the same at the DEA.” 

Of course, this is all up for change. If Trump’s attorney general appointee, Senator Jeff Sessions, is appointed, he could direct the DEA to take a more hardline stance. And if President Trump himself decides to take a more hardline stance, that would also impact how the DEA operates when it comes to federal marijuana policy. To be clear, neither Sessions nor Trump have indicated as much.

As Fox told Business Insider, “The DEA head acts as the direction of the attorney general who acts at the direction of the president.” That said, both President Trump and Senator Sessions have indicated intentions to keep the status quo: allowing states to legislate and police their own drug laws.

In 2016, alongside Trump winning the presidency, several states enacted laws either outright legalizing recreational marijuana use, cultivation, and distribution/sales or legalized medical use. For the foreseeable future, it looks like the US government will continue to defer to individual states in terms of marijuana policy.

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New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal

Bruce Barcott

December 14, 2016

The US Drug Enforcement Administration (DEA) this morning made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.

Today’s Federal Register (Dec. 14, 2016) contains an item (21 CFR Part 1308) that establishes a new drug code for “marihuana extract.”

“This code,” wrote DEA Acting Administrator Chuck Rosenberg, “will allow DEA and DEA-registered entities to track quantities of this material separately from quantities of marihuana.” The move, the Register entry explained, is meant to bring the US into compliance with international drug-control treaties.

There is no major change in law brought about by the Register item. Rather, it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances.

CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal.

Not so, says the DEA.

In the DEA comment on the entry, Rosenberg directly addressed the question: What if it’s only cannabidiol (CBD) and no other cannabinoids? The agency’s response: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.

RELATED STORY

Is CBD from Cannabis the Same as CBD from Cannabis?

Is your CBD derived from hemp? Doesn’t matter to the DEA. The new extracts classification applies to all “extracts that have been derived from any plant of the genus Cannabis and which contain cannabinols and cannabidiols.” Hemp is not a separate genus. (Although it may be a separate species; lot of debate on that point.) Legally speaking, hemp is simply cannabis with no more than 0.3 percent THC content.

The new rule seems to clarify the DEA’s position on hemp-derived CBD, which entered a legal gray area following Congress’ passage of the 2014 farm bill. That legislation allowed certain states to grow hemp in pilot projects, and blocked federal law enforcement authorities (ie, the DEA) from interfering with state agencies, hemp growers, and agricultural research.

What DEA Administrator Rosenberg seems to be saying with this clarification is: You may be able to grow hemp. But if you try to extract CBD oil from it, the DEA considers that a federal crime.

The rule did not contain any hint as to when the DEA will step into the 21st century and stop using the archaic version of the word “marihuana.”

Lead Image: Brennan Linsley/AP

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The Stakes Are High As DEA Reconsiders Waging War On The Herb Kratom

11/30/2016 04:03 am ET

Those who use and study the plant say an outright ban could do serious harm.

Seven weeks after the U.S. Drug Enforcement Administration officially withdrew its plan to ban kratom, the federal government is once again set to decide the fate of the herb and the people who rely on it for pain relief and other treatment.

The DEA had initially planned to use its emergency scheduling power to push through the ban without input from the public, despite concerns from lawmakers and scientists ― as well as kratom users ― that the move would do more harm than good. In October, however, the DEA opened a public comment period allowing individuals to weigh in on the agency’s decision to place mitragynine and 7-hydroxymitragynine, two active compounds in kratom, in Schedule I. Substances in this category include heroin and LSD and are considered to have no known medical benefit and a high potential for abuse.

With the comment period set to close on Thursday, the DEA will now have to take into account the nearly 9,000 submissions from people who wanted to voice their opinions about this proposed expansion of the war on drugs.

But kratom isn’t in the clear yet. The DEA is currently awaiting the results of a U.S. Food and Drug Administration analysis on the potential harms and health benefits of the herb, which will determine if kratom truly poses an “imminent hazard to the public safety,” as the agency initially claimed in August.

The DEA doesn’t know when it will get the results of the FDA’s review, Russell Baer, a spokesperson for the agency, told The Huffington Post.

“We’ve asked the FDA to expedite their analysis, but they’ve not given us any indication as to when that may be done, other than as soon as practical,” said Baer. “They’re involved in an exhaustive scientific review and evaluation, so these things do take time.”

Although Baer said he expects the DEA to wait for the FDA’s analysis before deciding on an appropriate schedule for kratom ― or whether it should be scheduled at all ― he noted that the agency could still proceed with emergency scheduling even in the absence of more concrete scientific evidence.

The DEA’s next steps will have huge implications for people like Joshua Levy. In the video above, Levy explains that he turned to kratom after struggling with dependence on the opioid painkillers he’d been prescribed following a hit-and-run accident. Like many kratom users, he says the herb gave him back the life that had been taken from him by addiction and other side-effects of narcotic painkillers.

“Since I started taking kratom, since I had gotten off of the pain pills, my life has basically opened up dramatically,” Levy told HuffPost. “I got a new job. I’m building a friendship up with my sister that I haven’t had in a long time. I’m not lazy anymore. I don’t want to isolate myself. I want to go out, I want to be out of the house.”

The kratom community is full of success stories like Levy’s. But together, they form only anecdotal evidence of the herb’s benefits, which is not enough to support a more official confirmation of its medicinal value.

Experts like Andrew Kruegel, an associate research scientist at Columbia University, hope the DEA will allow kratom to remain legal so they can keep working to unlock the herb’s potential.

Kruegel’s studies have shown that kratom can be used to alleviate mild pain, and that the plant’s negative side effects are relatively minor.

“As a scientist, I try to be as objective as possible and not overstate the promise of kratom,” said Kruegel. “We just don’t know that much about the plant yet.”

But Kruegel also has bigger hopes for kratom, which he believes can be used to aid in the development of safer alternatives to the prescription opioids that claimed more than 18,000 lives in the U.S. in 2014 due to overdose.

“Of course, if it’s in Schedule I, historically that greatly limits the ability to do research on it,” he said.

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Petitioning to keep Kratom OUT of the Controlled Substance Act and Schedule I – We only have until December 1st!

kratom-plant

Recently I published an article with information pertaining to the rescheduling of Kratom by the U.S. Government via the DEA into Schedule I Status.

Fortunately the change was at least held off long enough for people to be able to make their comments on the subject.

The link to REGULATIONS.GOV where the DEA/Federal Government is accepting comments is only going to be active until December 1st so don’t forget to make your comment soon!

Additionally there is another petition to keep Kratom off the Controlled Substance list.  The link to that petition is here:

Do not place Kratom on the Controlled Substance List

Please sign this petition as well!

We are anti-prohibitionist’s!

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The DEA is accepting comments on the rescheduling of Kratom into Schedule I until December 1st…The time to comment is NOW!

Due to be published in the “Federal Register” on August 31st, 2016 is the DEA’s “Intent to reschedule” the opioids mitragynine and 7-hydroxymitragynine  These are the “ingredients” of the plant Kratom and they are placing it into schedule I using the “temporary scheduling provisions” of the Controlled Substances ActLINK

 

Image result for kratom

 

Speak now or forever hold your peace!  You have been notified! 

The DEA reluctantly put on hold it’s intentions of placing Kratom into a Schedule I controlled substance category in August of 2016 after having such a backlash of individuals complaining about the proposed plans.  However, they are still contemplating that move and we only have until December 1st to make our comments through a website designed for us which states that this is …

“Your voice in Federal decision making” on the website of REGULATIONS.GOV.

An unknown number of people in the U.S. use Kratom daily to ease pain and withdrawal symptoms among other things.  It is a “plant” and it belongs to the “People”!  It is a part of our unalienable rights!

This is just the latest move by the DEA through the U.N. and “Agenda 21” to claim all of our rights to any substance that can possibly make the pharmaceutical companies more profitable in the future by denying access to this plant by the individual now.  In fact, a Patent application, dated 2009 exists already. 

United States Patent Application
20100209542

LINK

PLANT MATERIAL OR PLANT EXTRACT OF UNDETERMINED CONSTITUTION AS ACTIVE INGREDIENT (E.G., HERBAL REMEDY, HERBAL EXTRACT, POWDER, OIL, ETC.):  LINK

U.S. Classification
424/725, 514/285

STATEMENT OF GOVERNMENTAL SUPPORT [0001] This invention was made with government support awarded by: i) the National Institutes of Health (grant number NIH 022677); ii) the National Institute For Drug Abuse (grant numbers DA022677 and DA014929); and iii) the National Center for Research Resources (grant number P20RR021929). The government has certain rights in the invention.  LINK

Scientific American published an article “Should Kratom Use Be Legal?” in 2013, which features an interview with Edward Boyer, a professor of emergency medicine and director of medical toxicology at the University of Massachusetts Medical School, which is a very good article concerning Kratom.  It is a good source of information for those who are not familiar with Kratom.  Ironically enough, it is the University of Massachusetts Medical School which is the “Assignee” on the above patent.  In addition, the following Patents are noted in 2016:

Citing Patent
Filing date
Publication date
Applicant
Title

US9265458
Dec 4, 2012
Feb 23, 2016
Sync-Think, Inc.
Application of smooth pursuit cognitive testing paradigms to clinical drug development

US9380976
Mar 11, 2013
Jul 5, 2016
Sync-Think, Inc.
Optical neuroinformatics

 

Please take note of the “LEGAL EVENTS” that are at the bottom of the page at this LINK.

The “drug war” has taken enough of our plants and enough of our lives.  We cannot continue to let them regulate us out of every plant of food and medicine which were ever given to us as Our “inalienable rights” as Human Beings and laid out in Our Constitution.  I wrote an article concerning this in 2015, entitled, HOW THE UNITED NATIONS IS STEALING OUR “UNALIENABLE RIGHTS” TO GROW FOOD AND MEDICINE THROUGH THE U.N. CONVENTION ON NARCOTIC DRUGS AND AGENDA 21 (LINK), which explains much of how this is being accomplished by our Government(s).

Kentucky Senate Bill 136, in 2016, was defeated and did not take effect this year.  However, there are many other states in which it has been rescheduled to a I on a state level.  If we do not stop this from happening now, we will never be able to once it is Federally rescheduled.  So take a moment and make your opinion heard.  Use the Federal website to post your comment now!

#PlantsRights #EndProhibition #EndTheDrugWar

 

KRATOM

 

 

https://www.regulations.gov/document?D=DEA-2016-0015-0006

https://www.regulations.gov/document?D=DEA-2016-0015-0002

https://www.regulations.gov/docket?D=DEA-2016-0015

https://kentuckymarijuanaparty.com/2016/02/23/oppose-sb-136-banning-the-kratom-herb/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

http://www.americankratom.org/legal_status#_=_

https://www.scientificamerican.com/article/should-kratom-be-legal/

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542#legal-events

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542

http://www.alternet.org/drugs/big-pharma-patents-kratom-alkaloids-real-reason-dea-banning-plant

 

sk

The DEA is withdrawing a proposal to ban another plant after the Internet got really mad

By Christopher Ingraham October 12 at 10:42 AM

The Drug Enforcement Administration is reversing a widely criticized decision that would have banned the use of kratom, a plant that researchers say could help mitigate the effects of the opioid epidemic.

Citing the public outcry and a need to obtain more research, the DEA is withdrawing its notice of intent to ban the drug, according to a preliminary document that will be posted to the Federal Register Thursday.

The move is “shocking,” according to John Hudak, who studies drug policy at the Brookings Institution. “The DEA is not one to second-guess itself, no matter what the facts are.”

The DEA had announced in August that it planned to place kratom in schedule 1 of the Controlled Substances Act, the most restrictive regulatory category, as soon as Sept. 30. But since announcing their intent to ban kratom, the “DEA has received numerous comments from members of the public challenging the scheduling action,” acting administrator Chuck Rosenberg wrote in the notice, “and requesting that the agency consider those comments and accompanying information before taking further action.”

A spokesman for the Drug Enforcement Administration did not immediately respond to requests for comment.

[What it’s like to be high on kratom, according to the people who use it]

Kratom is a plant from southeast Asia that’s related to coffee. It contains a number of chemical compounds that produce effects similar to opiates when ingested.

People who take it have have said kratom helped them overcome addiction to opiates or alcohol and treat otherwise intractable pain. Researchers say that their work with kratom could eventually lead to the development of nonaddictive alternatives to powerful opiate painkillers. Placing kratom in schedule 1 would cripple researchers ability to study the drug, they say.

U.S. lawmakers were among the groups expressing their displeasure with the DEA’s intent to ban kratom. A group of 51 U.S. representatives wrote to the DEA saying that the DEA’s move “threatens the transparency of the scheduling process and its responsiveness to the input of both citizens and the scientific community.”

Another group of nine senators said the DEA’s “use of this emergency authority for a natural substance is unprecedented,” and urged the administration to reconsider.

The DEA will now open up a period for public comment until Dec. 1 of this year. It is also asking the FDA to expedite a “scientific and medical evaluation and scheduling recommendation” for the active chemical compounds in kratom.

At the close of the comment period, a number of things could happen. The DEA could decide to permanently place the plant in a schedule of the Controlled Substances Act, which would require an additional period for lawmakers and the public to weigh in. It could also decide to temporarily schedule kratom, which would not require any additional comment.

It could also decide to leave kratom unregulated.

[Police arrest more people for marijuana use than for all violent crimes — combined]

Advocates for kratom use, who say the plant has helped them treat pain and stop taking more powerful and deadly opiate painkillers said they are elated.

“I am in tears,” Susan Ash of the American Kratom Association said in an email. “Our voices are being heard, but we still have a long road ahead of us.

Lawmakers who criticized the initial announcement to ban kratom are also pleased. “Concerned citizens across the country have made it clear, they want the DEA to listen to the science when it comes to the potentially life-saving properties of kratom,” said Mark Pocan (D.-Wis.) in an email.

Researchers are welcoming the move, but they point out that the future of their work with the plant is an uncertain one.

“It’s certainly a positive development,” said Andrew Kruegel of Columbia University in an email. Kruegel is one of the researchers working to develop next-generation painkillers based on compounds contained in kratom.

Kruegel says that the FDA’s evaluation of the drug will carry a lot of weight in the DEA’s decision. But the kind of rigorous, controlled trials that the FDA typically refers to in situations like this simply don’t exist for kratom.

“Unfortunately, in the United States I don’t think we have a good regulatory framework for handling this situation or taking perhaps more reasonable middle paths” between banning the drug outright or keeping it unregulated, Kruegel says.

Still, he says, “the FDA is a scientific agency rather than a law enforcement agency, so I am encouraged that they will now be having more serious input on this important policy decision.”

Marc Swogger, a clinical psychologist at the University of Rochester Medical Center who has published research on kratom use and earlier called the decision to ban the plant “insane,” said in an email that “I’m happy to see this. It is a step in the right direction and a credit to people who have spoken out against scheduling this plant.”

CONTINUE READING…

Lawmakers want to defund the DEA’s marijuana eradication program

Is the DEA’s marijuana eradication program worth the $14 million to fund annually? Here’s a look at some numbers

https://i0.wp.com/www.thecannabist.co/wp-content/uploads/2010/10/p12.jpg

Published: Oct 10, 2016, 6:33 am • Updated: about 5 hours ago Comments (1)

By Christopher Ingraham, The Washington Post

In 2015, the Drug Enforcement Administration gave $20,000 to the state of New Hampshire to eradicate marijuana plants, according to federal documents. But the Granite State’s law enforcement agencies didn’t have much luck finding any weed to pull that year – their efforts uncovered a single outdoor grow site with a grand total of 27 plants.

Do the math, and U.S. taxpayers paid $740.74 for each pot plant uprooted in New Hampshire that year.

That’s an expensive weeding operation, but it could be worse. Utah received $73,000 in marijuana eradication funds, according to the federal documents, obtained by journalist Drew Atkins as part of a FOIA request. But agents failed to find a single pot plant to eradicate.

The DEA’s $14 million marijuana eradication program has been the subject of a fair amount of criticism in recent years. Twelve members of Congress have pushed to eliminate the program and use the money instead to fund domestic-violence prevention and deficit-reduction programs.

Its purpose is to “halt the spread of cannabis cultivation in the United States,” a mission that has become complicated as more states have legalized medical or recreational marijuana programs. Several more states have similar measures on the ballot this year.

DEA records show the program has been effective in some states, most notably California. Agents pulled 2.6 million marijuana plants in 2015, seizing more than 1,600 weapons in the process. Nearly $5.4 million was funneled into that state’s program.

Kentucky’s $1.9-million program had the next largest number of eradicated plants, more than 570,000.

Nationwide, the DEA documents show that spending on the program has shrunk from about $18 million in 2014 to $14 million in the current fiscal year. Some states – including Alaska, Colorado and Vermont – stopped receiving eradication funds completely.

California, where medical marijuana is legal, receives the lion’s share of marijuana eradication funds, in part because the “Emerald Triangle” region of Northern California. The area has long been home to many of the state’s legal and quasi-legal marijuana production operations, but law enforcement authorities have maintained that it also has been a haven for the grow operations of Mexican drug cartels.

Kentucky also receives a large amount of money to eradicate marijuana. The state has a surprisingly rich culture of marijuana cultivation.

Related: Meet Patrick Moen, the first-ever DEA official to defect to the marijuana industry

Rounding out the top 5 marijuana eradication states are Tennessee, Georgia and, perhaps unexpectedly, Washington. The aptly nicknamed Evergreen State legalized the recreational use of marijuana in 2012, and pot shops opened for business in 2014. So it may seem odd that the DEA is spending $760,000 this year to eradicate pot plants in the state.

But Washington is the only recreational marijuana state that doesn’t allow people to grow their own plants for recreational use. (In District of Columbia, incidentally, the situation is reversed: Homegrows are okay, but you can’t buy weed at the store.)

Washington also receives more marijuana eradication money than any other state with a recreational pot regime in place. Oregon received $200,000 this year, while Colorado and Alaska didn’t take any federal money for marijuana eradication.

New Hampshire, Louisiana, Delaware, Utah and New Jersey all spent well over $100 for every marijuana plant eradicated. Eleven states spent at least $50 per plant, while nearly half of the states – 23 of them – spent at least $25 in federal money for each marijuana plant they eliminated.

At the other end of the spectrum, states with big investments in marijuana eradication – like California and Kentucky – also had the most successful efforts to pull up large numbers of pot plants. So their per-plant costs are much lower.

To be perfectly clear, even in a fully legal, highly regulated market like Colorado’s there will be a need to enforce prohibitions on large-scale, unlicensed marijuana grows – similar to the way the Bureau of Alcohol, Tobacco and Firearms busts illegal home alcohol distilleries. Beyond that, authorities often make a number of arrests at cultivation sites, or seize weapons and other property from people suspected of involvement with marijuana grow operations.

Still, some lawmakers are starting to question the need dedicated this level or resources to eliminating pot plants when so many states are relaxing their own restrictions.

“It makes zero sense for the federal government to continue to spend taxpayer dollars on cannabis eradication at a time when states across the country are looking to legalize marijuana,” Rep. Ted Lieu, D-Calif., told me earlier this year. “I will continue to fight against DEA’s Domestic Cannabis Eradication/Suppression Program in Congress and work to redirect these funds to worthwhile programs.”

CONTINUE READING…

The DEA spent $73,000 to eradicate marijuana plants in Utah. It didn’t find any.

 

Image result for marijuana

By Christopher Ingraham October 7

In 2015, the Drug Enforcement Administration gave $20,000 to the state of New Hampshire to eradicate marijuana plants, according to federal documents. But the Granite State’s law enforcement agencies didn’t have much luck finding any weed to pull that year — their efforts uncovered a single outdoor grow site with a grand total of 27 plants.

Do the math, and U.S. taxpayers paid $740.74 for each pot plant uprooted in New Hampshire that year.

That’s an expensive weeding operation, but it could be worse. Utah received $73,000 in marijuana eradication funds, according to the federal documents, released by Seattle-based non-profit news organization Crosscut. But agents failed to find a single pot plant to eradicate.

The DEA’s $14 million marijuana eradication program has been the subject of a fair amount of criticism in recent years. Twelve members of Congress have pushed to eliminate the program completely and use the money instead to fund domestic violence prevention and deficit reduction programs.

[Drug cops raid an 81-year-old grandmother’s garden to take out a single marijuana plant]

Its purpose is to "halt the spread of cannabis cultivation in the United States," a mission that has become complicated as more states have legalized medical or recreational marijuana programs. Several more states have similar measures on the ballot this year.

DEA records show the program has been effective in some states, most notably California. Agents pulled 2.6 million marijuana plants in 2015, seizing more than 1,600 weapons in the process. Nearly $5.4 million was funneled into that state’s program.

Kentucky’s $1.9-million program had the next largest number of eradicated plants, more than 570,000.

Nationwide, the DEA documents show that spending on the program has shrunk from about $18 million in 2014 to $14 million in the current fiscal year. Some states — including Alaska, Colorado and Vermont — stopped receiving eradication funds completely.

Here’s where that money’s going on a state-by-state basis.

California, where medical marijuana is legal, receives the lion’s share of marijuana eradication funds, in part because the "Emerald Triangle" region of Northern California. The area has long been home to many of the state’s legal and quasi-legal marijuana production operations, but law enforcement authorities have maintained that it also has been a haven for the grow operations of Mexican drug cartels.

Kentucky also receives a large amount of money to eradicate marijuana. The state has a surprisingly rich culture of marijuana cultivation.

Rounding out the top 5 marijuana eradication states are Tennessee, Georgia, and perhaps unexpectedly, Washington. The aptly nicknamed Evergreen State legalized the recreational use of marijuana in 2012, and pot shops opened for business in 2014. So it may seem odd that the DEA is spending $760,000 this year to eradicate pot plants in the state.

But Washington is the only recreational marijuana state that doesn’t allow people to grow their own plants for recreational use. (In D.C., incidentally, the situation is reversed: homegrows are okay, but you can’t buy weed at the store.)

[How police took $53000 from a Christian band, an orphanage and a church]

Washington also receives more marijuana eradication money than any other state with a recreational pot regime in place. Oregon received $200,000 this year, while Colorado and Alaska didn’t take any federal money for marijuana eradication.

You can also look at the 2015 marijuana eradication totals to compare the states on how much they’re spending per plant. Here’s what that map looks like.

New Hampshire, Louisiana, Delaware and New Jersey all spent well over $100 for every marijuana plant eradicated. Eleven states spent at least $50 per plant, while nearly half of the states — 23 of them — spent at least $25 in federal money for each marijuana plant they eliminated.

At the other end of the spectrum, states with big investments in marijuana eradication — like California and Kentucky — also had the most successful efforts to pull up large numbers of pot plants. So their per-plant costs are much lower.

To be perfectly clear, even in a fully legal, highly regulated market like Colorado’s there will be a need to enforce prohibitions on large-scale, unlicensed marijuana grows — similar to the way the Bureau of Alcohol, Tobacco and Firearms busts illegal home alcohol distilleries. Beyond that, authorities often make a number of arrests at cultivation sites, or seize weapons and other property from people suspected of involvement with marijuana grow operations.

Still, some lawmakers are starting to question the need dedicated this level or resources to eliminating pot plants when so many states are relaxing their own restrictions.

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"It makes zero sense for the federal government to continue to spend taxpayer dollars on cannabis eradication at a time when states across the country are looking to legalize marijuana,"Rep. Ted Lieu (D-Calif.) told me earlier this year. "I will continue to fight against DEA’s Domestic Cannabis Eradication/Suppression Program in Congress and work to redirect these funds to worthwhile programs."

More from Wonkblog:

Marijuana really can be deadly, but not in the way you probably expect

Heavily armed drug cops raid retiree’s garden, seize okra plants

DEA warns of stoned rabbits if Utah passes medical marijuana

CONTINUE READING…

Kratom Advocates Sip Tea and Seethe at White House Rally Against DEA Ban

One user plans to move to Canada. Another plans to quit. Many more don’t know what to do.

By Steven Nelson | Staff Writer Sept. 13, 2016, at 6:20 p.m.

Several protest attendees brought their own bottle of kratom tea Tuesday to the White House. Those who did not were offered a Solo cup.

Several protest attendees brought their own bottle of kratom tea Tuesday to the White House. Those who did not were offered a Solo cup. Steven Nelson for USN&WR

Hundreds of passionate protesters gathered Tuesday near the White House to demand that the popular plant product kratom remain legal. It was jointly a business industry conference, a tea party and a desperate consumer lobbying effort — but the clear-eyed crowd appears to have little chance of near-term victory.

A comprehensive U.S. ban likely will take effect on Sept. 30, just a month after the Drug Enforcement Administration surprised users by saying it would invoke emergency powers to make leaves from the tree grown in Southeast Asia illegal by labeling two main constituents Schedule I substances.

In the face of long odds and silence from Capitol Hill, the event called by the American Kratom Association sought to pressure officials to reconsider while laying the groundwork for what may become a protracted re-legalization campaign.

A large jug of brewed kratom sat in the middle of Pennsylvania Avenue, with red Solo cups offered to anyone who wanted some. At least one reporter sipped the brew, which tasted like astringent green tea. Another journalist took a pill offered as a free sample by a businessman.

Kratom users who attended the rally said it’s wrong for them to lose legal access to what they say is an effective treatment for pain, addiction, depression and other conditions.

Though many said they were angry, chant-leaders asked the crowd of a couple hundred to stay on message and favored reason over rage, which often is a leading emotion at White House protests staged by marijuana reform advocates who say decades in Schedule I has stalled medical cannabis research amid millions of arrests.

“I’m usually very quiet but felt the need to come out and speak,” says Veronika Bamford-Conners, a kratom-selling store owner from Sullivan, Maine, where, she says, most of her customers are older than 55.

“If they don’t have insurance and can’t afford medications, they find a cheaper alternative in kratom,” she says, though some seem to prefer relief from the leaf to painkillers, such as a 73-year-old man who she says called her weeping “because pharmaceuticals were killing him” before.

Chants at the rally advertised the death toll from accidental overdoses of opioids – more than 28,000 in 2014 alone, including legal painkillers and illegal drugs like heroin – with the low or nonexistent U.S. toll from kratom.

The DEA says it believes 15 deaths were caused by kratom, though American Kratom Association founder Susan Ash says the group hired a toxicologist who concluded each case could be attributed to other drugs.

Many kratom users say the plant has helped them abstain from substances they formerly were addicted to, often heroin or prescription painkillers.

“Kratom saved me, I was a bad heroin addict,” says David Allen, who traveled from Chapel Hill, North Carolina. “It keeps cravings away and helped me not drink. I came because I don’t want to lose my medicine.”

Allen says that although the DEA – and even some former kratom users – say the drug can lead to dependence, it’s nothing like the grasp of opioids. He says he believe it’s about as abusable as coffee, which comes from a related plant, and that like coffee withdrawal, ending kratom can cause minor headaches.

Brad Miller, a physics teacher at Spotsylvania High School in Virginia, says he drinks small amounts of kratom tea between three and five times a day to treat arthritis in his knees. He says the effects are “very mild” and “just enough to take the edge off so I can get through my day standing.”

Miller says prescribed painkillers from his rheumatologist were too strong and that unlike opioids he hasn’t developed an addiction to kratom. He says he went on a weeklong camping trip and – unlike the experiences of some users – felt no withdrawal symptoms.

“I didn’t have withdrawal symptoms, but I did have arthritis pain,” he says. “I’d be surprised if anyone has experienced strong withdrawal symptoms.”

Though Miller and others at the event said they aren’t sure what they will do at the end of the month, Heather Hawkins says she’s made up her mind to move to Canada, where kratom remains legal.

Hawkins, a journalist with northern Florida’s Pensacola News-Journal and owner of the Kratom Literacy Project, says she has an incurable bladder disease and is eyeing Vancouver after already moved to the Sunshine State from Alabama in reaction to a local kratom ban.

Talk about moving abroad often is spouted unseriously by political partisans around election time, but Hawkins says she’s completely serious after living in a painkiller-induced haze that left her depressed and unable to get out of bed.

“I’m not going to stay here [if the ban takes effect] because I’m not going back to that life,” she says.

Hawkins says she’s in addiction recovery from cocaine, which she says she used as self-medication to give her the energy to power through her pain and despair, and that if she regarded kratom as a drug she would not take it.

Though kratom is widely known for claims that it can help keep opioid addicts clean, it’s also credited with sapping desire for other substances.

Jeremy Haley, owner of Colorado’s Rocky Mountain Kratom, says he began using kratom in 2012 after a drunk driving arrest, and that it has helped veer him away from his alcoholism, which runs in the family.

Although the ban hasn’t yet taken effect, Haley says local officials have shut down his shop for what he views as dubious reasons, making him unable to sell the remaining inventory – the latest in what he says has been a constant regulatory headache that featured him asking Yelp reviewers to delete positive reviews to placate federal officials who wanted proof he was not marketing kratom for human consumption.

Haley plans to open a totally legal apothecary shop if the ban takes effect.

CONTINUE READING…


RELATED CONTENT
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A futuristic drug-detecting fingerprint scanner may soon follow.

The DEA is looking for candidates to grow marijuana for research – but will it find any takers?

Wanted: Someone to grow marijuana for the federal government. Benefits: A contract likely worth millions and the chance to enable medical research. Requirements: Ability to deal with the costs and regulations that come with growing an illegal drug for the federal government.

For more than four decades, the University of Mississippi has had an exclusive license with the government to grow marijuana for federally sanctioned research. But this month, the Drug Enforcement Administration announced it would grant permission to other growers — an effort, it said, to expand the supply and variety of marijuana available for research.

So has the change set off a gold rush to grow the green? Not exactly.

STAT contacted almost a dozen agricultural schools, including those with industrial hemp programs, to gauge their eagerness to grow marijuana for the government.

Not interested, said Cornell University, the University of Kentucky, and Virginia Tech. Ditto, said Michigan State University, the University of Vermont, and Western Kentucky University.

No plans, said University of California, Davis, and University of Nebraska, Lincoln. Same with Colorado State University, Oregon State University, and Purdue University.

“We are very boring that way,” Janna Beckerman, a plant pathologist who researches hemp at Purdue, wrote in an email.

Some interested groups could be keeping their plans under wraps. And other possible candidates may be trying to get a better sense of what the DEA wants. But any reluctance might stem from more than being boring.

More on this…

To register with the agency, applicants will need to show that they will have security measures in place to protect the marijuana and be willing to comply with a host of other requirements. And depending on the scale of the operation, prospective growers will likely have to make significant investments to get it up and running.

Bob Morgan, an attorney at Much Shelist who formerly led the Illinois medical marijuana program, said that facilities in states that have strict regulations on medical marijuana growers are probably looking at multimillion-dollar expenditures for construction alone.

“I think everybody is just thinking about how to approach this,” said Dr. Igor Grant, director of the Center for Medicinal Cannabis Research at the University of California, San Diego. “What will it really take to get one of these DEA licenses?”

Grant said he would consider talking with other universities and agencies in California to see if it was worth the effort to get a cultivation operation in the state, but beyond that had not heard of groups intending to apply.

One researcher in the running is Lyle Craker, who studies medicinal plants at the University of Massachusetts, Amherst, and has tried in the past to get approval to grow marijuana. He did not reply to an email requesting comment, but a spokesman for a group called the Multidisciplinary Association for Psychedelic Studies — which sponsors related research — said it is supporting Craker’s efforts to get a license, as it has in the past.

Other possible applicants include independent growers who operate in states where medical and recreational marijuana is legal. Some cultivators have an expertise in running a large-scale marijuana facility — with state-of-the-art practices and security measures and experience dealing with state regulators — that in theory might appeal to federal authorities.

But the fact is, their existence contravenes federal law.

In a memo announcing the policy change, acting DEA Administrator Chuck Rosenberg said that it would consider whether applicants have “engaged in illegal activity involving controlled substances … regardless of whether such activity is permissible under state law.” While that doesn’t disqualify current cultivators, policy experts and people in the industry say the DEA won’t look highly upon them.

“They made it very clear that if you have been in violation of the [Controlled Substances Act], that would be weighted heavily against you,” said Rachel Gillette, an attorney at Greenspoon Marder in Colorado who represents marijuana businesses.

That might not stop people from trying, though.

Charlie Bachtell is the CEO and founder of Cresco Labs, which grows medical marijuana at three sites in Illinois. Bachtell said he is considering applying to the DEA because he wants to support research that could show marijuana has medical benefits.

“The future of this industry definitely starts with research,” Bachtell said. “The opportunity to help progress the acceptance, the elevation, and the professionalism of the medical cannabis industry really starts with research.”

The DEA’s policy change also opened the door to a new group of candidates: drug makers. While the Mississippi marijuana is funneled to academic research, Rosenberg wrote that marijuana can now be grown “for strictly commercial endeavors … aimed at drug product development.”

GW Pharmaceuticals, a company that is developing a drug for epilepsy from a component of marijuana called cannabidiol, said it has not made a decision about a growing facility in the United States, but remained vague enough to suggest possible interest. The company makes the drug, Epidiolex, in the United Kingdom, where it is based.

“We are exploring additional growing facilities in places around the world,” the company said in a statement.

The DEA’s application process is open, but the agency has set no deadline to select growers. The agency has indicated it wants just enough marijuana to be produced so research demands are met, but not more than that.

“It could be that two years from now, we still only have one registrant,” said Alex Kreit, an expert on marijuana law at Thomas Jefferson School of Law.

Even if cultivators gets licenses, they will confront a chicken-and-egg quandary: If they get special approval to grow marijuana, where do they get the supply they need to start it?

They could obtain marijuana from the University of Mississippi, but that would defeat the purpose of trying to expand the genetic variety of plants available. Or they could get seeds and plants from another country, such as Canada or Israel, with the proper permits.

An existing grower could also surrender some marijuana to law enforcement, which could then hand it over to a newly registered grower.

For its part, a spokesman wrote in an email that that the DEA “would require manufacturers to obtain their seeds from a lawful source, and the DEA would assist the new manufacturers in this regard.”

CONTINUE READING…

Marijuana studies

Craker is known for proposing that medical grade marijuana be available for scientific studies into its possible health benefits. Since the marijuana available for studies is too weak for any kind of medical study, he proposed that medical grade marijuanna be made available for research purposes. He has been named in many newspapers on this subject. The federal government refuses to give him a license to grow medical grade marijuana. On April 29, 2009, Senators Edward M. Kennedy and John F. Kerry wrote a letter to the Honorable David W. Ogden urging the Deputy Attorney General to delay a final decision on the application by Lyle E. Craker of the University of Massachusetts Amherst to produce research-grade marijuana for use in federally approved clinical trials[3][2][4][5]