In a memo obtained by NORML, released in late May, the United States Department of Agriculture (USDA) clarified their drug policy in light of the growing number of states legalizing marijuana for medical and recreational use.
In response to inquiries regarding the department’s policy for employees in states that approved recreational or medical use of marijuana, the USDA strongly reaffirmed that their drug testing policies concerning marijuana are still very much in effect, regardless of state law changes.
The memo states that, “use of Marijuana for ‘recreational’ purposes is not authorized under Federal law nor the Department’s Drug Free Workplace Program policies.” It then elaborates that, “accordingly, USDA testing procedures remain in full force and effect.”
This policy is largely still being enforced due to marijuana’s current status as a Schedule I drug at the federal level. The USDA described their current ongoing policy by stating that “USDA agencies test for the following class of drugs and their metabolites: (a) Marijuana, Opiate (Codeine/Morphine, Morphine, 6-Acetylmorphine) and PCP; and (b) Cocaine, Amphetamines (AMP/MAMP, Methamphetamine, MDMA). These drugs are listed in the Controlled Substances Act (CSA)…as Schedule I and Schedule II drugs, respectively. Schedule I drugs are substances, or chemicals defined as drugs with no currently accepted medical use and a high potential for abuse. They are considered the most dangerous of all the drug schedules and invite potentially severe psychological or physical dependence.”
Citing the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Medical Review Officer Manual for Federal Agency Workplace Testing Programs, the USDA also made clear this policy applies equally whether marijuana is being used for recreational use or medical purposes:
“State initiatives and laws, which make available to an individual a variety of illicit drugs by a physician’s prescription or recommendation, do not make the use of these illicit drugs permissible under the Federal Drug-Free Workplace Program. These State initiatives and laws are inconsistent with Federal law and put the safety, health, and security of Federal works and the American public at risk. The use of any substance included in Schedule I of the CSA, whether for non-medical or ostensible medical purposes, is considered a violation of Federal law and the Federal Drug-Free Workplace Program.”
“The USDA’s stance on testing employees for marijuana use, regardless of the laws of the state in which they live, is unfortunate,” stated NORML Communications Director Erik Altieri, “Patients will be denied effective medicine and individuals will be denied civil liberties being given to their fellow state citizens. This situation highlights the fact that the existing, inherent conflict between state laws seeking to legalize and regulate cannabis for recreational or medical purposes and federal policy, which classifies the substance as illicit, are ultimately untenable. To resolve this conflict there must be a change in marijuana’s federal classification. Without such a change, we will consistently have a lack of clarity and ongoing conflict between public sentiment, state law, and federal policy.”
You can read the full USDA memo here.
Senate members are expected to vote imminently in regard to language that seeks to bar the US Justice Department from interfering in activities that are compliant with state medical cannabis laws.
Senators Rand Paul (R-KY) and Cory Booker (D-NJ) will introduce the bipartisan amendment, which will be similar to language approved by the US House of Representatives earlier this month. As with other legislation, the amendment must be approved by majorities in both legislative chambers before it is sent to the President for approval.
This will be the first time in recent memory that US Senators have ever decided on provisions specific to liberalizing America’s marijuana policies.
It is time that we allowed our unique federalist system to work the way it was intended. Patients and providers should be permitted to engage in state-sanctioned, medical cannabis-related activities free from the threat of federal interference or federal prosecution.
Please write or call your members of Senate today and tell them to stop using taxpayer dollars to target and prosecute state-authorized medical marijuana patients and providers. For your convenience, a pre-written letter will be e-mailed to your Senators when you visit here.
Today, the full Philadelphia City Council voted 13 to 3 in support of a measure that would lower the penalty for possession of up to one ounce of marijuana to a civil infraction, punishable by a $25 fine.
All 13 of the Democratic members of the City Council voted for it and all three Republicans voted against. The measure now goes to Philadelphia Mayor Nutter’s desk for signature. NORML’s local chapter, Philly NORML, has been working hard on advancing these reforms for many years and those efforts seem to be finally paying off.
Councilman Bill Greenlee, who voted in support of decriminalization, stated, “It does not seem fair for what most people consider a minor incident to potentially risk people’s future.”
Councilwoman Cindy Bass, who also voted “Yes” on the bill, said, “To spend the time and the amount of money that is really required to prosecute someone with small amounts of marijuana, while we have so many other bigger issues in the city, does seem a little bit not where we need to be headed.”
Bill sponsor Councilman Jim Kenney estimates that the new pot policy could save the police department and the courts about $4 million a year.
NORML will keep you updated if and when the mayor signs this measure.
Most of us were caught off-guard by the rush of states this year that approved the limited use of CBD-only marijuana extracts because these traditionally conservative states had heretofore rejected the medical use of marijuana. So it seems worth a moment to consider how this occurred, and what it means on a grander scale.
But first, a little recent history.
Throughout this year’s state legislative season, a total of 10 states enacted laws seeking to provide limited access to medical marijuana products that contain high levels of CBD and virtually no THC for qualified, typically pediatric patients suffering from severe and disabling seizures: Alabama, Florida, Iowa, Kentucky, Mississippi, Missouri, South Carolina, Tennessee, Utah and Wisconsin.
On one level, this unexpected embrace of the medicinal qualities of marijuana by states that previously rejected the concept must be seen as a favorable development. These serendipitous adoptions reflect a degree of compassion not obvious in the previous legislative debates in those states.
But it is far from certain that these laws will actually help the young patients they are intended to help.
First, such products are primarily only available in a handful of states like California and Colorado and none of these new state laws create a viable in-state supply source for such products. Further, even if a patient from out-of-state could find these products in California or Colorado, it would be a violation of federal law (and also likely state law) to take the medicine back to their home state.
And while some of these laws attempt to establish CBD research projects at their major universities or research hospitals, recent experience demonstrates that few universities or research hospitals are willing to enter this confusing field while marijuana remains a federal crime, and those that may be willing to take the bait will face a steep and long learning curve before the first patient will have high-CBD extracts available.
This legislative rush to CBD-only extracts also suggests (1) the degree to which elected officials are influenced by popular media, (2) their willingness to pick and choose the science they like (while ignoring the science they do not), and (3) the strong puritanical impulse that remains a factor with many elected officials.
And it all relates to the “Gupta Effect”. When CNN’s Dr. Sanjay Gupta’s report highlighting how high-CBD marijuana products control debilitating seizures among children suffering from Dravet’s syndrome (the most severe form of childhood epilepsy) went public, few Americans had even heard of cannabidiol. Most people were familiar with THC (tetrahydrocannabinol), the primary psychoactive ingredient in marijuana that principally accounts for the “high” that marijuana smokers enjoy, but had zero idea that CBD even existed.
Dr. Gupta, who had previously uncritically accepted the federal government’s consistent claim that marijuana had no legitimate medical use, when confronted with actual children whose lives had been transformed following their use of high-CBD marijuana extracts, understandably felt misled by the government’s anti-marijuana propaganda, and went public with two special programs introducing the importance of high-CBD extracts in reducing or eliminating seizures in these children.
In the second program Dr. Gupta made it clear that while CBD appeared to be the primary therapeutic ingredient for this class of patients, he also made the point that some level of THC was also required, because of what he termed the “entourage effect.” Without the THC, the CBD would either be less effective, or in some instances ineffective.
It’s embarrassing that so many of our elected officials would get their scientific understanding of the medical properties of marijuana from a popular television doctor, instead of conducting their own research into the available science, before moving legislation forward. But better they be motivated by a celebrity doctor than continue to ignore the benefits of medical marijuana altogether.
Of which there are a myriad.
The marijuana plant is one of the most studied biologically active substances of modern times. A search on PubMed, the repository for all peer-reviewed scientific papers, using the term “marijuana” yields nearly 20,000 scientific papers referencing the plant and/or its constituents, nearly half of which have been published just within the past decade. In addition, more than 100 controlled trials, involving thousands of subjects, have evaluated the safety and efficacy of cannabis and/or individual cannabinoids.
Most recently, a review of FDA-approved marijuana plant trials conducted by various California universities concluded, “Based on evidence currently available the Schedule I classification (for cannabis) is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.” The best summary of this research can be found in the publication Emerging Clinical Applications for Cannabis and Cannabinoids, available on the NORML website. So the basic research is available for all who care to learn.
But few elected officials appear to be aware of this considerable body of science. Rather, the common refrain is to claim they cannot support the medical use of marijuana because the only evidence is “anecdotal”. These officials prefer to remain ignorant because it reinforces their preconceived notion that medical marijuana is a hoax perpetuated by those who simply wish to get “high”.
So what this latest rush to approve CBD-only marijuana products demonstrates, more than anything else, is the degree to which our public policy can frequently be influenced by a strong strain of puritanism that remains alive among our elected officials. If it feels good, it must be bad!
These many state legislators were willing to show some compassion by allowing the medical use of marijuana by these poor children suffering from multiple, disabling seizures, so long as the marijuana did not make them feel “high” (i.e., feel better!). These legislators are against pleasure, and if the use medical marijuana includes the feeling of pleasure, then it cannot be approved.
Excuse me, but is that not the purpose of using medicine when one is ill – to feel better?
Admittedly, for some of these puritans, the association of the word “high” with the use of marijuana may lie at the heart of the problem for them. Marijuana has long been demonized by conservatives, law enforcement, and many in the medical community, and that has spilled-over to the marijuana “high”.
If they understood that the marijuana “high” makes the user feel better, and that seriously ill patients almost always want (and need) to feel better, perhaps they could overcome their fear of medical marijuana. But for now at least, it is clear that in their view the marijuana “high”, like marijuana itself, is something to be avoided by responsible Americans, even if that precludes the use of medical marijuana by seriously ill patients.
It is time we moved beyond the notion that pleasure is bad, and stopped treating the marijuana “high” as something to be avoided, when it makes patient feel better. For them, feeling better and feeling high is often the same.
Guest Post by Jason Miller, Houston NORMLThe 2014 Texas GOP Convention wrapped up Saturday, June 7th, after a long week of debate and testimony concerning medical marijuana. Supporters of marijuana reform, including several members of RAMP (Republicans Against Marijuana Prohibition) along with other medical marijuana advocates, including parents, veterans, and medical doctors, gave testimony in favor of an amendment to the platform in support of allowing Texans access to medical cannabis.
It seemed like a short-lived victory when the Temporary Platform Committee passed the amendment after listening to emotional testimony from those whose loved ones could benefit or have benefited from medical cannabis. The Chairman of the committee broke the tie and the amendment passed by a 15-14 vote. In addition, a plank supporting Hemp Cultivation passed the committee and made it into the final platform.
The following day, the Permanent Platform Committee met and voted on the medical marijuana amendment. This was the day I arrived at the convention after driving up to Fort Worth from Houston. My second time attending the Texas GOP Convention as a delegate, I was excited to hear about what was happening in the committees and was eager to help.
Rewind to August 2013 when I first met Ann Lee. After being involved with NORML for the past 4 years as a corporate sponsor to the legal seminars in Aspen and Key West, I had heard of Richard Lee, the founder of Oaksterdam University, but I didn’t know the full extent of his story until hearing it from his mother. Ann Lee was visiting a group in Houston that several of my friends help organize called Liberty on the Rocks. Along with a representative from Houston NORML, originally co-founded by Richard Lee, Ann Lee spoke to us and her words resonated.
She told us about growing up in Louisiana during segregation (Ann Lee is in her mid-eighties, she’s even older than marijuana prohibition itself), and she spoke of how unfairly people were treated and how unfairly minorities are treated today due to the enforcement of marijuana prohibition. She told us about her 5 sons, including educator and entrepreneur Richard Lee, who was injured in a workplace accident, leaving him in a wheelchair as a paraplegic. She told us about being a Republican activist since the 1970s and how she co-founded the group “Women for Reagan” in 1983, the year I was born. She told us about her husband, Bob Lee, and how they had initially reacted when Richard told them he uses medical marijuana to help with his muscle spasticity and neuropathic pain.Ann and Bob Lee founded RAMP in 2012. After much reflection, they had reached the conclusion that prohibition of marijuana is directly opposed to all of their Republican values. I was immediately intrigued upon learning about this. My interest in both party politics and marijuana policy were now being fused together by this idea. I immediately approached Ann and started asking her about RAMP. She handed me a little brochure with the Republican logo with three pot leaves instead of stars. My first thought was “OK, this organization really needs a new logo.”
Fast-forward to 2014, new logo, website, social media, and a network of young people helping Ann Lee with RAMP. We’re ready to make an impact. We’ve formed a team, including John Baucum, President of Houston Young Republicans. We’d worked a great deal on networking and outreach, held our inaugural meeting, and conducted several interviews with news media. We knew a lot of people in Houston’s conservative scene and we knew many of them would be serving as GOP delegates.
Upon my arrival to the Texas GOP Convention in Fort Worth on Thursday, I knew that I had a mission. The vote on the medical marijuana amendment was to take place later this day and the outcome was going to depend heavily upon how the Permanent Platform Committee was to shape up. Our strategy was to try to push anyone off the committee who voted against us and replace them with someone who is supportive.
In my Senate District, our platform committee representative had voted against medical marijuana. So I started talking to people. I thought about who would make a good candidate and one person came to mind, a Military Veteran, an author, and a frequent lecturer on conservative issues. Although medical marijuana was not the primary issue, I knew this person would be supportive. At this point there’s a lot of whispering going on in the hallways, people pulling each other aside and talking under their breath. I knew that a good number of people would unite behind this candidate, and I was able to feel confident in my ability to “whip the votes.”
Time was of the essence. I ran across the street to the Omni Hotel and printed up flyers, highlighting the candidate’s qualifications. After some trouble with the printer, I made it back to the convention just in time. I walked into our SD Caucus and handed everyone the flyers. There were two other candidates in the race for platform committee. Although my preferred candidate did not win, we pulled about 30% of the vote and made an impact on the outcome of the race.
Immediately after the SD Caucus, the Permanent Platform Committee met and the moment of truth was upon us. There was a great deal of commotion outside the meeting room because it wasn’t big enough to seat everyone. People were outside the door yelling for them to relocate the meeting to a larger space. Some of the committee members had changed due the immigration plank of the platform, which was the most contentious issue up for debate. I tried to peer into the room to see who was on the committee. I was curious to find out any of our people were elected to the committee in other senate districts, but I assumed they didn’t have any better luck than I did.The medical cannabis amendment failed. Some of the committee members, who supported the amendment the day before ended up changing their vote. This may have been due to our opposition whipping the votes against us. However, an additional amendment supporting “research into the medical efficacy of cannabis” was introduced by a member of the committee and passed. Unfortunately, our opposition filed a ‘minority report’ signed by 9 members of the committee in support of striking this language from the platform.
Perhaps the most amazing revelation was that another ‘minority report’ was filed, signed by 8 members of the committee, in support of adding the original medical cannabis amendment back into the platform. This was huge. A clear message was sent that support for medical cannabis is alive and well in the Texas GOP. We considered this to be a major victory because the issue would be up for debate during the general session on Saturday when the platform is adopted by the entire delegation.
On Friday morning, we arrived at the Fort Worth Convention Center at 6:00am, with 2000 RAMP newsletters in hand. Volunteers, including founders of the group MAMMA (Mothers Advocating Medical Marijuana for Autism) Thalia Michelle and Amy Lou Falwell, helped line seats with our literature. This day, we decided to forget about the platform and the stress, it’s time to network, educate people about medical cannabis, conduct interviews with media, and talk to as many elected officials as we can.On Saturday morning, several of us arrived early to get spots near each of the four microphones in the general convention arena. We wanted to make sure we were able to testify in support of medical cannabis. As the platform adoption process started, medical cannabis was the first topic up for debate. Our minority report in support of adding the amendment back in to the platform was introduced from the stage.
Ann Lee spoke in favor of this amendment and told her story. She told the delegation about her son Richard and his injury. She used her entire 5 minutes of testimony and made a very clear point that garnered a great deal of applause, “Why should the federal government be able to prevent us from using a natural medicine that is clearly beneficial to sick people?”
One person spoke in opposition to the amendment and tried to convince the delegation that Marinol and medical marijuana are the same thing, which is clearly false.
Dr. Teryn Driver, a delegate from League City, made an emotional argument about children suffering from epilepsy and passionately educated the delegation about Cannibidiol (CBD).
A motion was made to end debate and the crowd voted in favor of it. (The delegation will typically always vote in favor of anything that moves the process along faster). We then voted on adding the medical marijuana amendment back into the platform and it failed. We expected this to happen.
The next item of business is the ‘minority report’ striking the support for research into the medical efficacy of cannabis from the platform. Zoe Russell, the assistant executive director for RAMP, spoke in opposition to striking this language; she testified that Texas prides itself on medical innovation and that getting our federal government out of the way of promising research will be a tremendous benefit to our medical community. She pointed out that Republicans don’t like federal interference in our healthcare choices and that should include the ability to conduct medical research. Her remarks were met with cheers and applause.
Immediately following Zoe’s testimony, debate was cut off. A vote was taken, but it wasn’t clear. After a bit of demagoguery by the Chairman and a clarification that a no vote would leave the language in the platform, the vote was taken again. It was very close, but the yes votes won and the language supporting research of medical cannabis was stricken from the platform.Our opposition’s only real strategy was to cut off testimony as quickly as possible. They don’t want the delegation to hear our message. They don’t want any discussion about changing these laws. But we’re having the discussion. We’re winning over the hearts of minds of people, and we had been doing it all week. After the convention ended, I made my way down the road about 4 blocks to the Texas Regional NORML Conference. Exhausted, I dragged myself into the conference and took a seat.
Overall, the Texas GOP Convention was a huge success. We’re furthering the discussion about marijuana reform among Republicans and we’re having fun in the process. My time spent in Fort Worth was well worth it. I learned a lot about politics and procedure, activism and how to communicate and network with people. We met supporters from all over the state and we expanded our network. We’re now gearing up for the 2015 legislative session and we’re determined to legalize marijuana in the great state of Texas.
It ain’t gonna legalize itself.
Stay up to date on NORML Houston’s activities by following them on Facebook here.