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  • by Paul Armentano, NORML Deputy Director May 2, 2018

    A three judge panel for the Ninth Circuit Court of Appeals has denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a new administrative drug code specifically for marijuana extracts. The DEA first announced the proposed rule change in 2011, but did not enact the new policy until January 13, 2017.

    In a decision filed on April 30, the Court rejected petitioners’ arguments – opining the DEA’s classification of marijuana extracts does not conflict with the provisions of either the Agricultural Act of 2014 (aka the ‘Farm Bill) or the Consolidated Appropriations Act, which limits the Justice Department from spending federal dollars to intervene in state-sanctioned activities involving marijuana or industrial hemp. The Court also dismissed petitioners’ argument that the rule substantively amended the federal Controlled Substances Act. Justices opined that such extract products, including those containing primarily CBD, were already classified under federal law as schedule I controlled substances.

    The DEA has long contended that it possesses broad regulatory authority over “all parts of the plant Cannabis sativa L.,” including “the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” The agency includes among this definition products containing cannabidiol or any other non-THC cannabinoids derived from the marijuana plant. It further states, “[T]he Agricultural Act of 2014 does not permit entities [who are not registered with the DEA] … to produce non-FDA-approved drug products made from cannabis.”

    Over a dozen states have enacted legislation in recent years exempting certain persons who possess extracts high in cannabinoid from criminal prosecution. Legislation to approve the retail sale of CBD extracts to adults in Kansas is awaiting gubernatorial action. Indiana lawmakers approved a similar law in April. Several pieces of legislation seeking to exclude CBD from the federal definition of marijuana are pending in Congress. In 2015, Nora Volkow, the Director of the US National Institute on Drug Abuse, publicly acknowledged that CBD is “a safe drug with no addictive effects.”

    Petitioners say that they intend to appeal the ruling.

    The case is Hemp Industries Association et al., v. US Drug Enforcement Administration et al., (No. 17-70162).

  • by Paul Armentano, NORML Deputy Director April 12, 2018

    United States Senate Majority Leader Mitch McConnell (R-KY), along with Oregon Democrats Ron Wyden and Jeff Merkley introduced legislation today to remove low THC hemp from the federal Controlled Substances Act and amend federal regulations to better facilitate industrial hemp production, research, and commerce.

    The Hemp Farming Act of 2018 allows states, not the federal government, to regulate hemp production and allocates grant funding to federally subsidize industrial hemp cultivation. According to the Congressional Research Service, the United States is the only developed nation in which industrial hemp is not an established agricultural crop.

    Senator McConnell said: “Today, with my colleagues, I am proud to introduce the bipartisan Hemp Farming Act of 2018, which will build upon the success of the hemp pilot programs and spur innovation and growth within the industry. By legalizing hemp and empowering states to conduct their own oversight plans, we can give the hemp industry the tools necessary to create jobs and new opportunities for farmers and manufacturers around the county.”

    Senator McConnell previously shepherded federal reforms (Section 7606 of the Farm Bill) in 2014 permitting states to legally authorize hemp cultivation as part of academic research pilot programs. Over two-dozen states have established regulations permitting limited hemp cultivation under this provision. In 2017, state-licensed producers grew over 39,000 acres of hemp, up from roughly 16,000 acres in 2016.

    Separate legislation, HR 3530, is currently pending in the US House of Representatives to exclude low-THC strains of cannabis grown for industrial purposes from the federal definition of marijuana. That measure has 43 co-sponsors.

    To contact your members of Congress in support of this legislation, please click here!

  • by Paul Armentano, NORML Deputy Director October 31, 2017

    Domestic hemp production increased dramatically from 2016 to 2017, according to data compiled by the advocacy organization Vote Hemp.

    The group calculates that US farmers cultivated over 23,000 acres of hemp in 2017, up from fewer than 10,000 acres in 2016.

    Under a 2014 federal law, states may license hemp cultivation as part of a university sponsored pilot program. Thirty-two universities in nineteen states – including Colorado, Kentucky, Minnesota, New York, North Dakota, Oregon, and Tennessee – have participated in hemp cultivation projects this year.

    “The majority of states have implemented hemp farming laws, in clear support of this crop and its role in diversifying and making more sustainable our agricultural economy,” Vote Hemp President Eric Steenstra said in a prepared statement. “It’s imperative that we pass the Industrial Hemp Farming Act in Congress, so that we can grant farmers full federally legal rights to commercially cultivate hemp to supply the growing global market for hemp products.”

    House Bill 3530: The Industrial Hemp Farming Act of 2017 excludes cannabis strains under 0.3 percent THC from the federal definition of marijuana under the Controlled Substances Act. The bill is assigned before the House Judiciary Committee, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

  • by NORML August 8, 2017

    hempfieldCongressman James Comer (R-KY-1) and 15 co-sponsors have reintroduced legislation to amend the federal Controlled Substances Act to exclude industrial hemp.

    Currently, the Controlled Substances Act of 1970 labels hemp as a Schedule I drug.

    H.R. 3530 excludes low-THC strains of cannabis grown for industrial purposes from the federal definition of marijuana.

    The majority of US states have already enacted legislation redefining hemp as an agricultural commodity and allowing for its cultivation. In 2014, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant.

    All parts of the hemp plant can be cultivated and used to produce everyday household items. It can be grown as a renewable source for raw materials such as clothing, paper, construction materials, and biofuel. Not only is it useful, but growing hemp is much more environmentally friendly than traditional crops.

    According to the Congressional Research Service, the United States is the only developed nation in which industrial hemp is not an established crop.

    Click HERE to urge your Representative to support this legislation.

     

  • by Danielle Keane, NORML Associate June 24, 2016

    ballot_box_leafThis has been an exceptionally busy week at the state and federal level for marijuana law reform. Keep reading to get the latest news and to find out how you can #TakeAction.

    Federal:

    A bipartisan coalition of House and Senate lawmakers have proposed legislation, the Medical Marijuana Research Act of 2016, to expedite clinical investigations into the safety and efficacy of cannabis. Passage of the measures — House Bill 5549 and Senate Bill 3077 — would expedite federal reviews of clinical protocols involving cannabis, provide greater access to scientists who wish to study the drug, and mandate an FDA review of the relevant science. #TakeAction

    State:

    Arkansas: Representatives of the group Arkansas for Compassionate Care turned in over 100,000 signatures from registered voters this week in hopes of qualifying the 2016 Arkansas Medical Cannabis Act for the November ballot. The proposed initiative establishes a statewide program for the licensed production, analytic testing, and distribution of medicinal cannabis. Under the program, patients diagnosed by a physician with one of over 50 qualifying conditions – including ADHD, intractable pain, migraine, or post-traumatic stress – may obtain cannabis from one of up to 38 licensed non-profit care centers. Qualified patients who do not have a center operating in their vicinity will be permitted to cultivate their own medicine at home.

    In 2012, 51 percent of voters narrowly rejected a similar statewide initiative, known as Measure 5. However, recent polling shows that support has increased dramatically since then, with 84 percent of registered Arkansas voters agreeing that “adults should be legally allowed to use marijuana for medical purposes.”

    For more information on the campaign, please visit Arkansans for Compassionate Care.

    California: Both the American Civil Liberties Union of California and the California Democratic Party have publicly endorsed the Adult Use of Marijuana Act (AUMA). The initiative, which is expected to appear on the November ballot, permits adults to legally grow (up to six plants) and possess personal use quantities of cannabis (up to one ounce of flower and/or up to eight grams of concentrate) while also licensing commercial cannabis production and retail sales. The measure prohibits localities from taking actions to infringe upon adults’ ability to possession and cultivate cannabis for non-commercial purposes.

    oil_bottlesDelaware: House lawmakers have overwhelmingly approved legislation, SB 181, to permit designated caregivers to possess and administer non-smoked medical marijuana formulations (e.g. oils/extracts) to qualifying patients “in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled.” Senate lawmakers previously approved the bill on June 9th.

    Gov. Jack Markell, D-Delaware, is expected to sign the legislation into law. The measure will take effect upon the Governor’s signature. To date, two other states — Colorado and New Jersey — impose similar legislation.

    Florida: Elected officials of yet another Florida county have voted to provide local law enforcement with the option to cite rather than arrest minor marijuana possession offenders. Osceola County commissioners passed the ordinance on Tuesday. The new ordinance is similar to those recently passed in Orlando, Tampa, Volusia County, Palm Beach County, Broward County, West Palm Beach, Key West, Hallandale, Miami Beach and Miami-Dade county.

    New Jersey: Legislation to add PTSD to the list of qualifying conditions eligible for medical marijuana is moving forward through state legislature.

    Members of the Assembly approved the legislation in a 56 to 13 vote on June 16th. On the same day, members of the Senate Health, Human Services and Senior Citizens Committee approved an identical measure, Senate Bill 2345, in a 6 to 3 vote. Thirteen states already allow PTSD patients to access medical marijuana including Delaware, Maryland, and Pennsylvania.
    The measure now awaits a vote by the full Senate. #TakeAction

    New York: Legislation has been approved to facilitate the processing and sale of hemp and locally produced hemp products. The measures, A 9310 and S 6960, expand upon New York’s existing hemp research program to permit for the sale, distribution, transportation and processing of industrial hemp and products derived from such hemp. Under existing law, licensed farmers are only permitted to engage in the cultivation of hemp for research purposes as part of an academic program.

    Both chambers have approved the legislation so now it awaits a signature from Governor Andrew Cuomo.#TakeAction

    Rhode Island: House and Senate lawmakers approved House Bill 7142, legislation to permit post-traumatic stress patients to be eligible for medical cannabis treatment and to accelerate access to those patients in hospice care. Members of both chambers overwhelmingly approved the measure. It now heads to the desk of Democratic Governor Gina Raimondo.#TakeAction

    House and Senate lawmakers also approved legislation to create the “Hemp Growth Act “. This measure will classify hemp as an agricultural product that may be legally produced, possessed, and commercially distributed. The Department of Business Regulation will be responsible for establishing rules and regulations for the licensing and regulation of hemp growers and processors. The Department is also authorized to certify any higher educational institution in Rhode Island to grow or handle or assist in growing or handling industrial hemp for the purpose of agricultural or academic research. The legislation now awaits action from Governor Gina Raimondo. If signed, the law will take effect January 1, 2017.#TakeAction

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