WEEK OF JANUARY 15, 2024
OFW’s Cannabis Team regularly monitors cannabis news, legislation, regulation, and policy so our clients stay up to date on the latest developments impacting their business. If you have any questions or would like more information about any of the items below, please contact us.
We also track cannabis-related legislation introduced in the U.S. Congress. If you would like to learn more about our Congressional Bill Tracker, please reach out to Ben Dash.
Highlight Of The Week
HHS Releases Unredacted Letter Confirming Agency’s Recommendation to DEA to Reschedule Marijuana to Schedule III
In response to a Freedom of Information Act (FOIA) lawsuit, the U.S. Department of Health and Human Services (HHS) released its 252-page recommendation to the Drug Enforcement Administration (DEA) to reschedule cannabis from Schedule I to Schedule III based on ‘current accepted medical use’ (CAMU). The release includes the August 29, 2023, cover letter summarizing the recommendation from Assistant Secretary for Health Rachel Levine to DEA Administrator Anne Milgram, a 76-page memorandum, Basis For The Recommendation To Reschedule Marijuana Into Schedule III Of The Controlled Substances Act (CSA), and a separate, two-part analysis of whether there is (1) widespread current experience with medical use of cannabis sativa in the U.S. by licensed health care practitioners and, (2) whether there is scientific support for at least one of these medical uses of a substance.
In its recommendation, HHS concluded, “On balance, the available data indicate that there is some credible scientific support to substantiate the use of marijuana in the treatment of – pain; anorexia related to certain medical conditions; and nausea and vomiting (e.g. chemotherapy-induced), with varying degrees of support and consistency of findings. Additionally, no safety concerns were identified in our review that would indicate that medical use of marijuana poses unacceptably high safety risks for the indications where there is some credible scientific evidence supporting its therapeutic use.”
Following the HHS release, this week the Congressional Research Service (CRS) issued a report examining some of the Legal Consequences of Rescheduling Marijuana. CRS had issued an earlier report in September 2023, Department of Health and Human Services Recommendation to Reschedule Marijuana: Implications for Federal Policy.
Additional News Coverage on the HHS Release
- FDA Review Supports Reclassifying Marijuana as Less Risky Drug (USNews)
- Marijuana meets criteria for reclassification as a lower-risk drug, FDA scientific review finds (CNN)
- Federal Scientists Recommend Easing Restrictions on Marijuana – HHS Secretary Becerra, “We put it all out there for [DEA]. We continue to offer them any follow-up, technical information if they have any questions” (The New York Times)
Commentary
- DEA Considers Rescheduling Cannabis—What This Means For U.S. And Global Reform (Forbes)
- FDA Considers Reclassifying Marijuana as a Less Dangerous Drug: What You Need to Know
- A dozen U.S. attorneys generals in Colorado are calling on the Drug Enforcement Administration to reschedule cannabis.
- U.S. Cannabis Rescheduling Primed to Set Off a Global Cannabis Explosion
- Marijuana rescheduling doesn’t open door to Big Pharma takeover, report says
In Other News
Federal Executive Branch — Office of the President, Departments, and Agencies
- U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) to conduct a hemp survey.
- In a U.S. Department of Justice (DOJ) podcast, DOJ researcher Dr. Frances Scott explains the complications in drug chemistry and how difficulties defining marijuana lead to backlogs in crime labs around the country and resulting in hemp farmers unintentionally growing hemp over the .03% delta-9 THC limit. Dr. Scott also co-authored, Study Reveals Inaccurate Labeling of Marijuana as Hemp. In the podcast, Dr. Scott, among other things, notes the difficulties the 0.3% delta-9 THC limit poses and its origins in the 1950’s article.
U.S. Congress
- A coalition of over 30 hemp-related interest groups unveiled their wish list as Congress moves forward with consideration of the 2023 (now 2024) Farm Bill. The press release is here and the coalition’s priorities are summarized here.
- Congressman Rep. Earl Blumenauer (D-OR) stern floor speech on stalled federal marijuana reform, But Says It’s ‘Not Too Late’ To Act
- Farm bill stalled last year, leaving lawmakers to deal with it in an election year
- House committee passes bill requiring notice that medical marijuana card holders cannot legal own firearms
The States
- California: California bill paves way for psychedelic therapy after failure to legalize ‘magic mushrooms’
- Colorado: Recalls increase for tainted marijuana, as the industry calls for a study; Gov. DeWine to address concerns over unregulated delta-8 THC
- Hawaii: Marijuana Legalization Among Top Legislative Priorities For Hawaii’s Senate Majority
- Illinois: Illinois Supreme Court to determine if cannabis odor can be cause for vehicle search; Illinois recreational marijuana sales reach new records in 2023, report finds
- Indiana: Multiple bills aimed at legalizing cannabis in Indiana introduced
- Kentucky: Kentucky Lawmaker Introduces Recreational Marijuana Legalization Bill
- Ohio: Ohio bill would move hemp products from gas stations and grocery stores to marijuana dispensaries; Marijuana 101: Ohio medical dispensaries prepare for new customers, rules after Issue 2 passage
- Maryland: Maryland recreational marijuana sales soar, but medical transactions stagnate
- Michigan: Judge tosses lawsuits stemming from Michigan’s largest-ever marijuana recall; Michigan Cannabis Sales surge
- New York: Brooklyn Will No Longer Prosecute New Yorkers for Excessive Marijuana Possession; New York Governor Proposes Repealing Marijuana Potency Tax To Reduce Costs And Combat Illicit Market; The New York State Office of Cannabis Management (OCM) announced the launch of the State’s first medical cannabis public education campaign highlighting the potential benefits of medical cannabis and improvements to the Empire State’s Medical Cannabis Program.
- South Dakota: Senate committee passes three more bills tinkering with medical marijuana law
- Vermont: Vermont House contemplates nixing THC caps for retail cannabis
- Virginia: Speaking to reporters after a speech to the Democratic legislature, Governor Youngkin said, “I just don’t have a lot of interest in pressing forward with marijuana legislation”
Cannabis Abroad
- Trade group says implementation of CBD policy in UK’s $850 million market is off the rails
- Czech Republic Unveils Cannabis Legalization Plan Without Legal Market
- How Israel became the world leader in medical marijuana
- Cannabis legalization in Thailand – Exploring impacts on markets and organized crime
- Canadian Cannabis Survey 2022: Summary
- Comparison of perceptions in Canada and U.S. regarding cannabis and edibles
- Germany’s Cannabis Legalization Plan Faces Criticism Within Government
Customs and Trade
- This week a value of over half a million of hemp raw materials and products (oils, seeds, powders, yarns, twine) entered the U.S. from numerous countries worldwide. These products were permitted entry because hemp seeds and plants can be imported into the U.S. The importation is regulated U.S. Customs and Border Protection (CBP) and the USDA. Importantly, all compliance must be performed prior to importation to avoid detention or seizure by either or both agencies that can easily lead to the forfeiture of the imported good.
Business, Banking, Insurance
- Gun groups not sold on cannabis banking bill – Both the National Rifle Association (NRA) and Gun Owners of America have concerns about the legislation
Other Noteworthy Updates
- The American Society of Clinical Oncology posts a retrospective look at medical cannabis use at a cancer center
- Is CBD facing an existential crisis? Bethany Gomez, co-founder and managing director of Brightfield Group, a market intelligence firm, reflects on the persistent headwinds facing the CBD industry since 2020 and how brands have responded.
- Protecting Youth In The Context Of Marijuana Legalization: Creating A Legal And Regulatory Framework – an analysis by Health Affairs
- Marijuana Has No Role in Taking Up or Quitting Opioids: Study
- Neurocognitive Impact of Exposure to Cannabis Concentrates and Cannabinoids Including Vaping in Children and Adolescents: A Systematic Review
- Marijuana use during pregnancy linked to increase in childhood cancers, Duke study finds
- NCAA Division I Council introduces proposals into legislative cycle – One proposal would remove cannabinoids from drug testing at championships
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If you are interested in exploring commercial opportunities in the cannabis space, we would be happy to assist you in any of your cannabis law questions, comments, or concerns. Please contact Tish Pahl (tpahl@ofwlaw.com), Kyla Kaplan (kkaplan@ofwlaw.com), Denise Calle (dcalle@ofwlaw.com), and Ben Dash (bdash@ofwlaw.com) for assistance.
