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CBD-Only Legislation Will Likely Be Unworkable For Most Patients

  • by Paul Armentano, NORML Deputy Director March 19, 2014

    Lawmakers in four states — Alabama, Georgia, Kentucky, and Utah — are poised to enact legislation in the coming days/weeks aimed at providing patients, primarily children with forms of intractable epilepsy, with strains of cannabis and/or cannabis extracts high in the compound cannabidiol (CBD).

    I have previously written why, in theory, these proposals will likely provide only limited relief for patients. A closer look at the text of these proposed laws indicates that, in fact, they are largely unworkable and will most likely provide no tangible relief or protection for the patient community they are intended to serve.

    Excerpt via Alternet.org. (Read the entire article here.)

    Alabama: Senate lawmakers unanimously approved SB 174, aka “Carley’s Law,” which seeks to allow investigators at the University of Alabama to study CBD in FDA-approved trials. But no change in state law is actually necessary to permit state university researchers to conduct clinical trials on cannabidiol. Such FDA-approved protocols are already permitted under federal law, but they require the added approval of regulators at the DEA, NIDA (National Institute on Drug Abuse), and PHS (Public Health Service). However, since CBD (like marijuana) is classified as a Schedule I substance under federal law, these agencies have historically been reticent to allow such studies to go forward, a fact that will likely remain unchanged even if House members similarly sign off on Carley’s Law.

    Georgia: A Senate panel last week amended and approved House Bill 885, aka “Haley’s Hope Act.” …The amended Senate plan … only provides for an exemption from state prosecution for those who obtain CBD oil from a legal medical marijuana state and transport it back to Georgia. In theory, this would allow Georgia parents to visit a state like Colorado to obtain medicine for their children. But in practice, Colorado’s medical marijuana law only allows those who are state residents and who possess a state-issued patient identification card to legally purchase such products. In other words, Georgia parents would have to violate Colorado law to obtain CBD-oils (which are likely to only be available from a medical dispensary, not a retail cannabis market). Colorado medical marijuana dispensaries would also be in violation of not just the letter of the law, but also the spirit of the law by providing a product they know is intended to be transported across state lines—a clear violation of the guidelines put forward in the August 2013 Department of Justice memo which call for “preventing the diversion of marijuana from states where it is legal in some form to other states.”

    Kentucky: Senators last week gave unanimous approval to Senate Bill 124. Like Alabama’s proposal, the bill calls on University of Kentucky researchers to study CBD in clinical trials — something they could do with or without passage of a new state law, if the necessary federal agencies agreed to it. The measure also seeks to allow physicians at state teaching hospitals to recommend CBD to patients. However, past experience from other states indicates that this latter scenario is unlikely. In 2013, Maryland lawmakers enacted legislation to allow physicians at the state’s limited number of teaching hospitals to dispense cannabis. To date, no Maryland hospitals have taken up the state’s invitation to do so.

    Utah: House and Senate lawmakers have given final approval to House Bill 105. Utah’s governor is expected to sign the measure into law imminently. Like Georgia’s proposal, the Utah measure, which sunsets in 2016, provides protection from state prosecution for parents who can acquire CBD-oil for their epileptic children, assuming a neurologist has authorized the treatment. But, as will be the case in Georgia, Utah patients will likely only be able to obtain CBD from out of state, an act that would violate neighboring states’ medical cannabis laws. The Utah proposal also calls on the state Department of Agriculture to grow industrial hemp for the purposes of one day producing cannabis medicines. However, it remains to be seen whether such industrial crops can yield therapeutically effective CBD-extracts or whether federal lawmakers would even allow such a state-sponsored research project to move forward.

    57 Responses to “CBD-Only Legislation Will Likely Be Unworkable For Most Patients”

    1. Dave Evans says:

      Galileo, I’m not sure that Asperger’s is something that causes mental illness… I mean, people with Asperger’s just process social interactions differently. They also tend toward being interested in a rather narrow range of subjects. But the thing is, that is how you become an expert at something, by being at least somewhat obsessed about the subject of your interest.

      Now, of course allowing yourself to become more self-aware is key to your happiness, no doubt.

      Some folks can achieve that state without smoking, but it sure does help especially if you cannot do it on your own–for whatever reasons, like say PTSD.

    2. ATLCherryBomb says:

      Well, worry not. GA’s measure has been shot down. Which is all for the better, because it was so mutilated it might as well have not even existed. What a waste. I was so incredibly excited, so hopeful, and it doesn’t even matter anymore. I haven’t felt this defeated in a while.

    3. Stephen Daniel says:

      CBD rich bud contains little to no THC. These strains are good for treating a host of illnesses such as seizures. One thing that is extremely important is sleep. Anyone sick or not needs sleep. Without sleep people can not function, much less heal. The answer to this problem from FDA and phamra is to take a pill called Ambien. An extremely dangerous drug loaded with dangerous side effects. This is where THC shines bright. Sure THC and CBD might put cancer in remission but THC allows people to get deep restful sleep. People often overlook this benefit but ask anyone how destructive insomnia is. CBD does not help with sleep like THC does. In fact CBD can be kind of stimulating causing less sleep if taken before bedtime. Sleeping is as important as eating, and we all know THC is grand when it comes to stimulating hunger. I would argue sleeping and eating are two of the most important biological functions. Whole plant extract high in THC is good medicine as is high CBD plants. Plants with CBD and THC are probably really good all around. Then there are the other 80 some cannabinoids, all have tremendous potential big pharma would never be able to match.

    4. Rastaman says:

      No one seems to understand – The fact is the fight against marijuana has always been about MONEY, and CONTROL. Why does the DEA fight so hard against marijuana? MONEY, and CONTROL. Why does the government keep trying to drown out reports of the health benefits that surround marijuana? MONEY and CONTROL.

      The government is evil – The law is not on your side. That’s all.

      Jah bless.

    5. Matthew58 says:

      I am highly surprised that Alabama, being such a Nanny-State, Red-Star Republican, Conservative to the point of nausea, has even THOUGHT of allowing a bill concerning marijuana to make it to the floor. I thought that this state would be the LAST holy sanctum for those who hate pot.

    6. Galileo Galilei says:

      @Dave Evans

      Unfortunately, I was shut in as a child and failed to develop even rudimentary social skills. I attributed all my problems to my own inadequacy and cowardliness. I considered myself ugly and not particularly bright. I’ve found in life that I can be manipulated by ‘neurotypicals’ including incompetent bosses and workmates. Relationships are difficult, too. It short, it’s a bummer.

      You are right, though. Many people have leveraged their Asperger’s for success, including Newton, Einstein, Emily Dickenson, Woody Allen… It’s common in fields like information technology and engineering. I can see it in other folks and myself.

      As I understand it, psychology no longer uses the term, not because it’s invalid, but because they are seeking to consolidate varieties of autism into a single coherent theory.

    7. @Matthew58
      If you read between the line, Alabama did just barely enough to display any concern towards public health. The only reason they passed this token legislation is that “morally” they’re back was against the wall because of the media poster children.

    8. Voice of the Resistance says:

      I hear the government is going to ban bacon trans-fats you know, because mama Obama and old man red-lips say that it’s bad bad bad for you! I better hurry to the market and stock up before its gone. I’ve got some birds ready to scramble, just looking for a hot date. Going to the market always makes me wonder when I consider all the dangerous and unhealthy products they’re allowed to sell, yet nowhere on the shelf’s can a single bud of marijuana be found.
      Drug testing employers, and cops think they’re real cool, you’ve got Round-up weed killer Monsanto’s gift to the world, and nasty smelling Raid! roach killer don’t use around children, or pets the warning label says. And if people in the market wonder what I’m laughing and muttering about Its the D-Con rodent killer, and thinking about how funny it would be if some narc-cop ate some of that sure puts a big grin on my face.
      Wow the price of bacon is clear out of sight sausage links are on special, so I’ll get those instead.
      And don’t forget the ethylene glycol on the way out. It goes good in coffee or so I’ve heard. A special treat for family members, and those I dearly love here pal let me pour it for you. Here is a extra twenty, I need to pump some gas, and can I get some matches too please, because I need a light, thank you.
      Pee-brained prohibitionists might need some acetaminophen after I hit em over the head with my cast iron frying pan. Rude people like that could get a real bad headache having a guy like me around, because I’m just a stupid pot head you see.

    9. jimmy says:

      This CBD-only campaign is transparently supported by prohibitionists afraid of legalization.

      Hemp already contains CBD. CBD is non-psychotropic, but modulates the effects of THC. Likely some hemp cultivars are very high in THC.

      Growing hemp is illegal in the US, with punishments like for cannabis, the punishments do not even come close to fitting the crime committed. That is, it’s a non-crime and should not be punished at all.

      Prohibition and the fraudulent scheduling system are sustaining themselves by mere disapproval from the peanut gallery and paid shills, likely also were exposed to social programming or are intellectually dishonest for money reasons. They pretend as if they are “moral” for not using cannabis, when they are actually the IMMORAL ones, for supporting tyrannical theft and national self-destruction.

      People who support ending, destroying, prohibition stand on the moral high ground. The irony…

      But people in the US are allowed to purchase imported hemp, from basically every industrialized nation but this one, where it was removed from market competetion against petro-chemically synthesized fibers and plastics.

      One can purchase hemp milk, hemp oil, inert hemp seeds, hemp protein, hemp clothing…and so on, from countries that are not secretly fascist in spirit while claiming to care more about personal freedoms than any others. The others in this case may have signed onto the failed American drug war too, but they’re not stupid enough to stop growing hemp.

      CBD-only products then, like hemp oil, can already be purchased, legally. Try Amazon. They are trying to legislate what is already allowed.

      The supporters of legalization, but only in a useless “CBD-only” form are an unsavory sort.

      Their attempt to appear consistent instead of just being ignorant, wrong, and immoral for decades, is clear.

      Their names should be documented for posteritry (and evidence when the amerikan csa inquisition is finally laid to rest, as a beaten horse should be, and the justice pursued, for crimes against humanity, can begin.

    10. jimmy says:

      Hemp already contains CBD. CBD is non-psychotropic, but modulates the effects of THC. Likely some hemp cultivars are very high in ***CBD***.

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