Author Alex Halperin

The long awaited decision was a disappointment for cannabis activists.
The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

The Drug Enforcement Administration (DEA) will not reschedule marijuana. The 186-page decision was published Thursday in the Federal Register. The DEA also  put hemp growers on notice .

Following the decision, The Washington Post’s Christopher Ingraham wrote: “The FDA cannot determine it has a medical use in part because of the highly restrictive legal status of the drug. It’s a classic bureaucratic Catch-22.” Ingraham also collected responses from members of Congress.

For additional details and analysis on the DEA decision see Scientific American,  John Hudak atBrookings and  Wednesday’s  special edition  of WeedWeek. The industry weighs in here and here.

Federal law will continue to view cannabis as a Schedule I drug, meaning that it has high potential for abuse and no recognized medical value. Other Schedule I drugs include heroin, LSD and ecstasy (MDMA).

Some in cannabis circles expected the agency to reclassify the plant as a Schedule II drug, the next most restrictive classification under the Controlled Substances Act. Schedule II drugs include cocaine, methamphetamine and several prescription opioids. (See a more complete list here.)

Cannabis activists and businesses generally want to see marijuana de-scheduled and regulated like alcohol. Rescheduling, which still could happen in the future, raises problematic questions for the pro-cannabis community about regulations governing businesses and access to MED. One lawyer called the prospect of rescheduling a “ nightmare” for the industry. My reporting suggested that the changes wouldn’t be as drastic.

NPR quotes DEA chief Chuck Rosenberg saying that he gave “enormous weight” to the Food and Drug Administration (FDA)  view that marijuana has “no currently accepted medical use in treatment in the United States”

“This decision isn’t based on danger. This decision is based on whether marijuana, as determined by the FDA, is a safe and effective medicine,” Rosenberg said, “and it’s not.”

The DEA says it will, however, expand the number of facilities allowed to grow marijuana for research. For a long time, a facility at the University of Mississippi has grown all of the marijuana ordered by the federal government. Scientists who want to study MED will still need to obtain permission from the federal government.

*
I spoke to Hilary Bricken, a cannabis business attorney at Seattle firm Harris Moure, about the decision. The transcript has been lightly edited for clarity:WW: This is what you predicted. What do you think were ultimately the main factors in the decision?
HB:My honest conclusion is it’s politics. It’s totally political. It’s so strange that there’s not been more transparency regarding the dialog between the DEA and the FDA. All of a sudden the DEA is saying the decision is not being based on danger to consumers. Now they’re saying quote,
“It’s based on whether marijuana as determined by the FDA is a safe and effective medicine, and
it’s not.” And that allegedly this is based on science, which is interesting because there’s a
significant lack thereof. Only recently have scientific research barriers been removed by the feds.
What’s your interpretation of the ruling to increase the number of growing facilities?
Basically, Ole Miss has had this monopoly for years. Even though the [request for proposals], to be able to cultivate cannabis for the federal government gets issued publicly, they’ve always chosen Ole Miss on a contract basis.
[The potential is] to start expanding those cultivation licenses to other researchers that may not have such, I don’t know if the word is bias, but certain types of opinions that they haven’t changed for two decades. I think it’s a positive PR piece, but I’ll believe it when I see it, if they actually do [grant more licenses].
What’s going to be the next big thing to look out for?
It’s a hurry up and wait situation with the federal government, like it always is.
Even if Hillary Clinton won the presidency, even though we have the Democratic platform calling for a reasonable pathway to legalization, I think she’s going to follow through on what she’s maintained regularly, which is: We need more research before we can unleash this product on the American public, even in the medical capacity.
To me what that also means, is that states are going to continue to lead the way on marijuana law reform and policy. I think [cannabis]just turned more into alcohol then let’s say pharmaceuticals because states are going to continue to legalize, despite what the federal government may do. It could take years now for legalization or even some type of pathway for medical marijuana. I think the states are actually going to be the ones that force [the federal government’s]hand eventually. I think it’s going to be a hurry up and wait situation, even with a Clinton administration.
*

Additional reactions:

Rep. Earl Blumenauer, (D-Ore.):

“This decision doesn’t go far enough and is further evidence that the DEA doesn’t get it. Keeping marijuana at Schedule I continues an outdated, failed approach—leaving patients and marijuana businesses trapped between state and federal laws. …It’s not enough to remove some barriers to medical research. Marijuana shouldn’t be listed as Schedule I; it shouldn’t be listed at all.”

Tom Angell, Chairman, Marijuana Majority:

“President Obama always said he would let science — and not ideology — dictate policy, but in this case his administration is upholding a failed drug war approach instead of looking at real, existing evidence that marijuana has medical value…A clear and growing majority of American voters support legalizing marijuana outright and the very least our representatives should do is let states implement their own policies, unencumbered by an outdated ‘Reefer Madness’ mentality that some in law enforcement still choose to cling to.”

Kevin Sabet, CEO of Smart Approaches to Marijuana, an anti-legalization group:

This is not on surprising at all to scientists and people who follow this issue. What we’ve seen in the last couple of years is actually the science pointing in the direction of marijuana being more harmful, not less harmful…It’s also a huge blow to medical marijuana companies who were ready to press send on marketing emails touting a decision to reschedule and pushing their goods on to people who might now think that the feds totally gave up on the issue.

The case was an anomaly in the legal state.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

Federal prosecutors agreed to drop charges against Devontre Thomas, a 19-year who faced prosecution for being caught with a very small amount of weed at a federally run boarding school for Native Americans in Oregon.

A Massachusetts court ruled that smoking MED violated a man’s probation.

Two men face criminal charges connected with the failed attempt to open a cannabis resort on a reservation in South Dakota.

Following a robbery at a Portland dispensary, police said Oregon pot shops are not attracting a disproportionate amount of crime .

The DEA’s criteria for whether a home contains a grow operation are very broad.

The New York Times reports on Filipino President Rodrigo Duterte’s unapologetically brutal war on drugs.

In Connecticut, schoolchildren will used seized grow lights to produce food.

The Kind investigates the judging of High Times Cannabis Cups, and speaks to Max Montrose, a connoisseur and critic of the high stakes process.

Vice learns about life as a “ trim bitch” on an illegal weed farm. The money is good, but conditions aren’t and sexual harassment is a problem.

Rapper Snoop Dogg is the executive producer of the new MTV weed comedy “Mary + Jane.”

Recently retired NFL player Eugene Monroe has a new column at The Cannabist.

Frankie Schnarrs, owner of Frankie’s Sports Pub in Olympia, Wash. said he’ll continue to allow patrons to use cannabis despite a recent fine and suspended liquor license, which he’s also ignoring. “I want them to take my license from me. They can go to Hell,” he told a reporter. “Get out of here. Get off my property.”

The Guardian hangs out with three elderly British women in Amsterdam, while they try pot for the first time. They enjoyed themselves at a playground, swinging on the swings.

Artist Tony Greenhand is well paid to roll joints that resemble guns, animals and other elaborate shapes.

Leafly looks back at jazz great Louis Armstrong’s long fondness for cannabis, which he called “the gage.”

Butane extraction has reached the U.K.

Cannabis tampons.

In Europe, they drink much more than they smoke cannabis.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

U.S. teens are more likely to smoke pot than to binge drink according to a new study. A government study says Miamians are more anti-weed than residents of any other U.S. city, a finding at odds with a visit to Miami.

Vice says legalizing can mitigate problems associated with synthetic cannabis.

LAWeekly talks to Dr. Francis D’Ambrosio, an orthopedic surgeon turned pot activist. “Is the medicine working?” he asked a patient. “Well, then it’d be criminal of me not to renew your prescription.”

The long awaited PTSD study for veterans is recruiting volunteers.

A New York doctor is accused of trading a prescription for the powerful opioid Suboxone for a few grams of pot.

Police in Baton Rouge, La., have reduced their enforcement of narcotics offenses since Alton Sterling was fatally shot on July 5.

Marco Vasquez, police chief of Erie, Colo., spoke in favor of legalization at a national law enforcement conference.

Forbes explains how a Congressional career offender provision got Tennessee grower Paul Fields sentenced to 15 years. It was Fields’ third offense. For the second one, he was sentenced to 100 days.

Hundreds of doctors in Georgia have registered to recommend low-THC, high-CBD cannabis oil but there’s no official directory. Word of mouth is the only way to find one of the doctors.

Bruce Schulte, former chair of Alaska’s Marijuana Control Board, was fired by Gov. Bill Walker (Ind.). Schulte said the state is trying to “subvert” the industry.

Anti-REC activists in Arizona say the state’s upcoming initiative would  block employers  from firing people for cannabis use. In fact, the proposed law says the opposite.

Portland City Council appears ready to undo some of the restrictions governing dispensary operations. Humboldt County, Calif. growers are divided on a proposed excise tax.

The stigma is shrinking and the money is growing.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

Private equity investment in weed is heating up. Canadian MED company Organigram raised $17.5M. Denver’s Baker Technologies, a software company which helps dispensaries win and retain customers, raised $1.6M. The industry’s average seed round is $1M according to investment firm Poseidon Asset Management.

Commodities investor Jim Rogers, who started Quantum Fund with George Soros, has invested in PharmaCielo, a Canadian company that won the first license to grow MED in Colombia.

CMH Brands, a company which processes Willie Nelson brand Willie’s Reserve, acquired Denver Relief’s grow and manufacturing facilities. The deal comes weeks after Denver Relief sold a store to Terrapin Station.

The Clinic’s new flagship store in Denver cost more than $1M. A JPMorgan analyst thinks Scotts Miracle-Gro’s push into the industry will benefit the stock. Bloomberg BusinessWeek interviewed Dixie CEO Tripp Keber.

Fast Company looks at what it’s like to work for social media app MassRoots.

San Jose, Calif., dispensary Medimarts promised a court fight against a ruling that it owes $767,000 in taxes and late fees.

787 drivers were involved in Colorado’s 546 driving fatalities last year. Of the drivers, 59, or 7.1% tested positive for cannabis but not other drugs. The total number of fatalities was down from 606 in 2005.

Researchers found that a Vermont Department of Health study was overly negative and did not account for the possibility of legalization alleviating the state’s opioid crisis. This year the state legislature failed to pass a REC bill that was widely expected to become law.

In the Des Moines Register, the founder of an addiction center writes that pot is still dangerous. “We see the faces of marijuana addicts first hand. And it’s not funny. We see people who struggle with simple tasks at school and work.  People incapable of perceiving or expressing emotion. People who suffer from higher incidence of mental health diagnoses, such as schizophrenia, paranoia and anxiety.”

Everyone wants the agency to make up its mind already.
The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

The DEA is reportedly in the “final stages” of deciding whether to reschedule marijuana. Cannabis Wire says the agency could reschedule CBD but not the whole plant.

The Guardian asks if Hillary Clinton or Donald Trump will capitalize on the marijuana vote. “It seems that there are more political costs to being opposed to marijuana instead of being in favor of it,” Michael Berry, a political science professor at the University of Denver says. “which is strange because if you go back 10 years ago, it was just the opposite.”

Hillary Clinton and Libertarian candidate Gary Johnson are more popular within the cannabis industry than in the country at large. Donald Trump is less popular.

The Islamic State magazine Dabiq writes: “The deviance carried on until the so-called “Brave New World” of America and Western Europe began legalizing marijuana, bestiality, transgenderism, sodomy, pornography, feminism, and other evils, allowing the Christian pagans of Europe, America, and Australia to break the crime record of every disbelieving nation to precede them in history.”

California REC supporters are suing opponents for using “ false and misleading language in official ballot materials.”

Anti-cannabis activist Kevin Sabet announced that his group SAM Action has raised $2M to fight this year’s crop of legalization initiatives. Marijuana.com says Sabet has consistently opposed the kinds of decriminalization measures he says he supports.

A poll suggests Florida’s MED initiative will pass, despite a reasonably well funded opposition. Before Ohio legislature legalized MED earlier this year, MPP had not raised enough money to support a statewide campaign for a more liberal ballot initiative.

The Boston Globe called for the end of an “ unfair ‘tax” on MED shops.

July was Washington state’s best ever sales month. It was also the first month after MED dispensaries closed in the state.

A promised crackdown wasn’t as bad as Detroit dispensary owners feared. (Check out photographer Dave Jordano’s shots of dispensaries in the city.)

A new program at Colorado State University-Pueblo will study legalization’s socio-economic impact.

High Times interviewed Colorado Marijuana Enforcement Division chief Andrew Freedman. MJBizDaily interviewed Oregon Rep. Earl Blumenauer (D) who’s among the most weed friendly members of Congress. He predicts that in five years MED will be available in every state and REC will be available in most states.

Boston’s first dispensary opened. Delaware’s modest MED industry is growing.

That could end with legalization.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

California companies tell Inc. that a growing number of raids on businesses in California owe to asset forfeiture laws which allow authorities to seize cash and other valuables even if criminal charges aren’t filed.

An American citizen who was invasively searched at the Texas/Mexico border in 2012 will receive a $475,000 settlement but not an admission of guilt from the U.S. Border and Customs Protection agency. She previously received $1.1M from an El Paso, Texas, hospital that conducted secondary searches.

Devontre Thomas, the Oregon teen who faces a federal misdemeanor charge for possessing “about a gram” of marijuana, allegedly had it at his boarding school which is run by the federal Bureau of Indian Education. He faces up to a year in prison.

A judge in a trafficking case has ordered Yahoo to disclose how it handles deleted emails. The evidence includes emails that, according to Yahoo’s policy should not be accessible.

Filipino President Rodrigo Duterte defended war on drugs which includes offering money to those who kill drug dealers.

Masamitsu Yamamoto, a Japanese man with liver cancer died at 58 while on trial for MED possession.

A lot of cannabis is found on federal land. The mail is a popular way to send weed and other drugs.

An Alabama prison guard was charged with using a Bible to smuggle opioids into a prison.

TV personality Montel Williams was briefly detained in Germany for MED.

At 99.9 % THC, crystalline is the strongest hash in the world. It sells for $200 a gram in southern California dispensaries.

Humboldt County, Calif. will start stamping product originating in the famed growing region. John Malkovich will star as the head of a crime family in the Netflix series “ Humboldt,” inspired by Emily Brady’s book “ Humboldt: Life on America’s Marijuana Frontier.”

Hip hop star Lil’ Wayne stormed off stage 10 minutes into his set at a High Times event in southern California. High Times said it was “baffled” and “awaiting an explanation.”

Yahoo meets Jeremy Plumb, Portland’s “wizard of weed.” The Oregon State Fair will give out blue ribbons for top pot plants. A Portland director made the first professional cannabis drink commercial/video. It features a cute song.

Billionaire Richard Branson said he has smoked pot with his son and recommended that other parents do the same. Cannabis Now interviews impresario Dr. Dina, who’s not a real doctor.

Cannabis absinthe exists, but doesn’t contain THC.

The Cannabist says little gifts of weed are not a substitute for tipping.

In The Onion, Joe Biden said it breaks his heart that so many hard working Americans can only afford “shitty ditch weed.”

Here’s the WeedWeek list of pot journalists on Twitter. Send recommendations for upcoming lists (opponents, executives, activists etc.) to [email protected]. Self-nominations welcome.

Way more than doctors anticipated.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

In Colorado, the number of young children exposed to marijuana, mostly through edibles, is up 150 % since 2014, a study found. Reason and The Washington Post argue that the risk remains very small.

A study in rats found that exposure to pot smoke can damage blood vessels.

One in 13 Americans older than 12 have used marijuana in the past month, a new government studyfound. That figure has held steady for about 25-years. It’s least popular between Texas and Alabama. (Here’s a map.) States where it’s less common are more likely to be concerned about marijuana.

A Globe and Mail investigation found that mold and other contaminants are widespread in the Toronto MED supply. Colorado released numerous seized batches after they tested negative for pesticides.

Following a scare, Colorado determined that THC was not in the drinking water in the tiny town of Hugo, Colo.

A bill in Congress that would expand MED research does not include products containing THC or the parents of children with autism in its “Safe Harbor” clause.

In Arizona, a long-anticipated study to test MED on veterans with PTSD will begin seeking patients soon.

Michael J. Stevens writes on the promise of cannabis tissue culture.

The Guardian can’t find any evidence for the myth that babies are awash with endocannabinoids, cannabinoids produced by the human body at birth.

Carfentanil, a powerful opioid used to sedate elephants is causing overdoses in heroin users. Time asks if MED can mitigate the opiate epidemic. (See The Hill for more.)

A Colorado judge blocked the suspensions of four doctors, the first in the state to be punished foroverprescribing the number of plants MED patients can grow or trust to caregivers. Heavy prescribing doctors could see business decline with legalization, the Guardian reports.

Dr. Michael Soler is the first physician in Puerto Rico allowed to recommend MED.

And that’s the low estimate.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

The industry employs between 100,000 and 150,000 Americans according to the Marijuana Business Factbook. Ancillary businesses that don’t touch the plant account for about 40 % of jobs.

In Massachusetts, cities are awarding recommendations for state licenses to dispensaries that promise payments in return.

Canada’s Canopy Growth Corp. will list on the Toronto Stock Exchange, the first cannabis producer to trade on a major exchange. It also announced plans to start selling MED in Germany.

The IRS is auditing 30 Colorado pot companies, mainly related to large cash deposits. (Cannabis companies still struggle to find bank accounts.) Criminal charges may follow.

Lots from New Cannabis Ventures: Social network MassRoots is launching a dispensary finder to compete with Weedmaps and Leafly. Ackrell Capital, the investment bank, is starting a cannabis business accelerator called Cannavator in Oakland. Nationwide there are at least three others. Canadian grower Aphria raised $25M.

NCV founder Alan Brochstein is skeptical of Cultivation Technologies Inc. which has a big project planned in Coachella, Calif. A guest post at the site recommended that companies create budget brands for lower income customers.

Gateway incubator co-founder Carter Laren says start-ups still confront the “ghost of Nancy Reagan.”

Data firm Headset determined that the average user in Washington state spends $647 on legal cannabis per year. Marketwatch has more data from the study.

An investor is suing California edibles company Altai for spending his cash on private jets, luxury hotels and personal legal bills.

The publishing industry is putting out a slew of weed books, including the Complete Idiot’s Guide to growing.

Entrepreneur spotlights the industry in Boulder. Despite difficulties in Pueblo, Colo., businesses continue to invest big there.

A British Airways flight turned around shortly after departing London due to an unexplained cannabis smell.

There wasn’t much talk of marijuana inside the arena at this year’s Democratic National Convention.

The industry was all over Philly.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

Marijuana wasn’t often mentioned in the Democratic National Convention’s official program.

Unofficially, it was the “star.” A trade association had a party. MPP had a fundraiser. Marchers carried a 51-foot joint.

At Marijuana.com, Tom Angell (@TomAngell) unearthed the Tim Kaine quote, “I actually kind of like this option of the states as labs and they can experiment [with legalizing]and we can see what happens.” NORML revised its rating on the vice presidential candidate from F to C. (Last week, I referred to MPP ratings for presidential candidates as NORML ratings. I regret the error.)

Marijuana Business Daily interviews former U.S. deputy attorney general James Cole, whose eight-point 2013 memo gave the industry confidence that it could grow without federal prosecution. “It wasn’t really intended to be a huge policy shift as much as reacting to the situation and trying to use some common sense,” he said.

California Lt. Gov. Gavin Newsom (D) wants more lawmakers to support legalization.

Former Massachusetts Congressman Barney Frank (D) said heroin and crystal meth should be legalized. “We should outlaw a drug if it is likely to make you mistreat others. People don’t hit other people in the head because they’re on heroin; they hit other people in the head because they need to get money to buy heroin.”

The New Yorker profiles Gary Johnson, the Libertarian Party’s presidential candidate and a legalization supporter. He said he would not use cannabis as president.

Quartz introduces us to Tick Segerblom (D), a dogged cannabis supporter in the Nevada State Senate.

The U.S. Trademark Trial and Appeals Board said cannabis sellers can’t receive federal trademark protection.

Illinois Gov. Bruce Rauner (R) decriminalized possession, making the state the third largest after New York and California to do so.

About half of the 100 Oregon communities that don’t allow REC businesses will vote on whether to lift their bans in November.

Ohio legislators knew that the provision in the state’s MED law to guarantee 15% of business licenses might be unconstitutional but they kept it in to win votes, the AP reports.

Florida billionaire Carol Jenkins Barnett, a Publix supermarket heir, donated $800,000 to oppose the state’s MED initiative.

A Los Angeles county ballot initiative that proposed a pot tax to benefit the homeless has been shelved. Canna Law Blog dives into the business climate in L.A, one of the world’s largest cannabis markets.

The DEA compared home grows to “meth houses.”

Italian lawmakers are beginning to debate legalization. Opponents include Pope Francis. The Italian military grows MED for the country.

They may have been the first weed dealers.

The following is excerpted from the newsletter WeedWeek. Get your free and confidential subscription at WeedWeek.net.

Evidence suggests that Bronze Age Yamnaya tribespeople established a cannabis trade between Europe and Asia 5,000 years ago. Native to the Caucasus Mountains (roughly), the Yamnaya were horse-riding, cattle-herding nomads who traveled along what later became the Silk Road.

While neighbors Indonesia and the Philippines escalate their wars on drugs, Thailand may reform its famously harsh laws.

Can you find weed growing in the wild? Green Rush Daily investigates.

The Cannabist interviews joint rolling artist Tony Greenhand.

Eugene Monroe, who got cut from the Baltimore Ravens this year after he became the first active NFL player to call for MED use, has retired from the league. He’s one of jocks included on the Men’s Journal list of 18 cannabis activists in sports. The only woman is mixed martial artist Ronda Rousey. Earlier this year The New Yorker discussed “ The athlete’s case for cannabis.”

Tabloid stories about the dangers of drugs appear to fuel greater drug use. Gatherings where everyone stays sober are becoming trendy.

Agneya Singh, director of “ M Cream,” a movie billed as Bollywood’s first stoner flick, says India should decriminalize.

This weekend’s Enchanted Forest Gathering, a rave in northern California, was among the first U.S. festivals to have a MED dispensary on site. Alcohol was not sold.

Clothing company Patagonia, has made a short film ”Harvesting Liberty” to support industrial hemp legalization.

Michael “Dooma” Wendschuh, the central figure in my story “ Ebbu and the rise and fall of a modern weed dealer” has a new cannabis company. According to its LinkedIn page, Toronto-based Province Brands is a “global luxury brand” creating products “which do not feel like marijuana products.”

Some schoolchildren in the U.K. are gardening with cannabis compost.

1 6 7 8 9 10