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  • by NORML May 15, 2019

    Marijuana CBD OilNORML has submitted written comments to the US Food and Drug Administration ahead of the agency’s scheduled hearing on the regulation CBD-infused products. The agency will be taking in person public testimony on Friday, May 31, with regard to the “manufacturing, product quality, marketing, labeling, and sale” of CBD-infused retail products.

    In its written testimony, NORML encourages the FDA to act expeditiously to clarify confusion among both consumers and regulators with regard to the legality of specific CBD products. It further recommends that the FDA provide regulatory guidelines governing product manufacturing, standardization, and quality.

    Currently, commercially marketed CBD-infused products are not subject to explicit federal regulations. As a result, third-party lab testing has frequently revealed inconsistencies between the percentage of CBD advertised and the amount actually contained in the product. In many cases — such as those reported here, here, here, here, and here — actual quantities of CBD in the product is far lower than advertised. In other cases, testing has revealed the presence of THC, which may put consumers in jeopardy for legal ramifications – such as arrest or the loss of employment (due to a drug test failure). Some commercial products have also been identified to contain unwanted and potentially dangerous adulterants – such as 5F-ADB (aka ‘Spice’) or DXM – as well as heavy metals and solvents.

    NORML’s testimony concluded: “For years, producers of these products have navigated in a grey area of the law — manufacturing products of variable and sometimes questionable quality and safety. Now it is time for the FDA to craft benchmark safety and quality standards for hemp-derived CBD products in order to increase consumer satisfaction and confidence as this nascent industry transitions and matures into a legal marketplace.”

    The FDA is accepting written comments from the public through July 2, 2019.

    In December, Congress enacted legislation removing industrial hemp (defined as cannabis containing less than 0.3 percent THC) and products containing cannabinoids derived from hemp from the federal Controlled Substances Act. The following day, the FDA stated: “Congress explicitly preserved the agency’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act.” The agency further opined, “[I]t’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.”

    In March, outgoing FDA Commissioner Scott Gottlieb suggested that it may take “years” for the agency to establish rules and regulations governing the marketing of hemp-derived cannabinoid products.

  • by Paul Armentano, NORML Deputy Director April 15, 2019

    Marijuana FieldMarijuana grown by the University of Mississippi for clinical research purposes is genetically divergent from strains of cannabis commercially available in retail markets, according to an analysis prepared by researchers at the University of Northern Colorado. Since 1968, the University of Mississippi farm, which is governed by the US National Institute on Drug Abuse, has held the only available federal license to legally cultivate cannabis for FDA-approved research.

    Authors reported that samples available via the U-Miss program shared genetics typically associated with industrial hemp, not commercially available cannabis. They concluded: “NIDA research grade marijuana was found to genetically group with hemp samples along with a small subset of commercial drug-type cannabis. A majority of commercially available drug-type cannabis was genetically very distinct from NIDA samples. These results suggest that subjects consuming NIDA research grade marijuana may experience different effects than average consumers.”

    A separate study published in 2017 reported that U-Miss samples contain far lower levels of both THC and CBD than do commercially available cannabis. Clinicians wishing to conduct FDA-approved clinical trials on cannabis have long complained that federally-provided samples are of inferior quality.

    According to the program’s current marijuana menu, no available samples contain more than seven percent THC and all samples contain less than one percent CBD.

    In 2016, the US Drug Enforcement Administration publicly announced that it would, for the first time, begin accepting applications from private entities wishing to grow research-grade cannabis. However, since that time, neither the agency nor the Justice Department have taken any action to move this application process forward.

    Full text of the study, “Research grade marijuana supplied by the National Institute on Drug Abuse is genetically divergent from commercially available Cannabis,” appears online here.

  • by Paul Armentano, NORML Deputy Director March 18, 2019

    Marijuana FieldState lawmakers have approved a series of bills reducing penalties for marijuana possession offenses and strengthening and expanding legal protections for medical cannabis patients. The measures now await action from Democratic Gov. Michelle Lujan Grisham, who is supportive of the changes.

    DECRIMINALIZATION

    Senate Bill 323 amends minor marijuana possession penalties. The measure reduces first-time penalties for the possession of up to one-half ounce of cannabis from a criminal misdemeanor — punishable by up to 15 days in jail — to a ‘penalty assessment,’ punishable by a $50 fine. Subsequent offenses, or in instances where the defendant possesses greater amounts of marijuana, remain punishable by the possibility of jail time.

    Once signed into law, the reduced penalties take effect on July 1, 2019.

    MEDICAL CANNABIS

    Senate Bill 406 expands medical cannabis access and provides important new patient protections. It expands the pool of patients eligible for cannabis therapy to include those diagnosed with post-traumatic stress, severe chronic pain, Crohn’s disease, Lou Gehrig’s disease, sleep apnea, and neuropathy, among other newly specified conditions. It also enacts explicit legal protections prohibiting employers, social service workers, and hospitals from arbitrarily discriminating against patients solely for their medical cannabis status and/or for their failure to pass a drug test. The measure prohibits regulators from placing limits on the percentage of THC or other cannabinoids in therapeutic products and it establishes reciprocity with other states’ medical cannabis programs.

    Separate legislation, Senate Bill 204 establishes regulations and procedures for the storage and administration of certain medical cannabis products to students in school settings.

    INDUSTRIAL HEMP

    House Bill 581 regulates the commercial production of industrial hemp and hemp-extract products in a manner that comports with provisions in the 2018 federal Farm Act. Under the legislation, “The department of environment shall issue permits … to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products.” The effective date of the Act is July 1, 2019.

    LEGALIZATION

    House-backed legislation that sought to legalize the possession of marijuana by adults and regulate its commercial production and sale stalled in the Senate Finance Committee, after the Chair failed to call the bill for a vote. Nonetheless, Gov. Lujan Grisham has announced that she will add the issue to the agenda of the 2020 legislative session.

  • by Tyler McFadden, NORML NE Political Associate February 28, 2019

    Here in New Hampshire, there has been a great deal of progress in the last few years. Several bills have been introduced in the state legislature, ranging from legal hemp production to adult-use marijuana legalization, and the fight for freedom has never been more widely supported than now. New Hampshire residents overwhelmingly support marijuana legalization; in a recent poll conducted by the University of New Hampshire, 68% of New Hampshirites support full marijuana legalization, and the New Hampshire General Court is finally listening to the will of the people and is pushing for meaningful marijuana reform.

    There have been so far been eight major reform bills introduced in the New Hampshire General Court during the current legislative session.

     

    — Bipartisan bill HB 481 would legalize the personal adult-use, possession, cultivation, and retail sale of marijuana. It passed the House on 2/27/2019 by a vote of 209-147. It now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bipartisan bill HB 399 would allow those convicted of past marijuana offenses to file a petition with the court to expunge any criminal records of the possession of three-fourths of an ounce of marijuana or less. This bill passed the House on 1/31 and now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bills SB 175 and HB 461 would expand the qualifying conditions under New Hampshire’s medical marijuana program. S. 175 would allow physicians to recommend marijuana to any patient they believe would benefit from its therapeutic use, and HB 461 would allow physicians to recommend medical marijuana to patients suffering from moderate to severe insomnia, moderate to severe anxiety, or Lyme disease. S. 175 was referred to the Health and Human Services Committee and HB 461 was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on these bills and to send a message to your State lawmakers in support of this legislation, click here.

     

    — Bipartisan bill HB 459 would legalize the production of industrial hemp in the state of New Hampshire to be in compliance with current federal hemp regulations and establish rules for such production. It was referred to the Environment and Agriculture Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 350 would expand the number of medical professionals eligible to recommend medical cannabis by allowing physician assistants to issue recommendations to qualified patients. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/02/2019, which recommended that the bill “ought to pass with amendment” and will soon be brought to the House floor for a vote.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 335 would expand access to medical cannabis by allowing the Department of Health and Human Services to authorize additional dispensaries licenses in certain geographic areas of New Hampshire. It has passed the House and now goes to the Senate for consideration.

    For more information on this bill and to send a message to your State Senator in support of this legislation, click here.

     

    — Bipartisan bill HB. 364 would permit qualified patients to grow up to fourteen marijuana plants (two mature and twelve seedlings) and to possess up to six ounces of homegrown medical cannabis for their personal use. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    — HB 366 would expand New Hampshire’s list of qualifying conditions for the State’s medical marijuana program to include opioid dependence and withdrawal. It was referred to the Health, Human Services, and Elderly Affairs Committee on 1/03/2019.

    For more information on this bill and to send a message to your State Representative in support of this legislation, click here.

     

    Though reform is inevitable, it will not happen without activists such as yourself making your voices heard in the name of personal freedom. We need your help to keep fighting to legalize marijuana nationwide. Please send messages in support of the bills summarized herein to spur sensible marijuana reform in the Granite State.

  • by Paul Armentano, NORML Deputy Director November 9, 2018

    Senate Majority Leader Mitch McConnell (R-KY) publicly reaffirmed today that provisions lifting the federal prohibition of hemp will be included in the finalized language of H.R. 2: The Agriculture Improvement Act of 2018 (aka the 2018 Farm Bill). The must-pass legislation is currently being debated by leadership in conference committee.

    “If there’s a Farm Bill, it’ll be in there. I guarantee that,” McConnell told reporters in an exchange first reported by Marijuana Moment and The Hill. He added: “I don’t want to overstate this – I don’t know if it’s going to be the next tobacco or not – but I do think it has a lot of potential. And as all of you already know, in terms of food and medicine but also car parts. I mean, it’s an extraordinary plant.”

    The hemp-specific provisions, which Sen. McConnell included in the Senate version of the bill, amend federal regulations to further expand and facilitate state-licensed hemp production, research, and commerce. The language also for the first time amends the federal Controlled Substances Act of 1970 so that industrial hemp plants containing no more than 0.3 percent THC are no longer classified as a schedule I controlled substance. (See page 1182, Section 12608: ‘Conforming changes to controlled substances act.’)

    Senator McConnell previously shepherded hemp-related language (Section 7606) in the 2014 version of the Farm Bill, which permits states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.

    Lawmakers are seeking to finalize and pass the 2018 farm legislation prior to year’s end.

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