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US health agency makes history, admits cannabis has medical use

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Cannabis has medical use and is less addictive than comparable drugs, a US health agency admitted for likely the first time today in newly released documents published on Substack, X and Marijuana Moment.

The long march to federal legalization took another step forward with the publication of the document from the United States Health and Human Services Agency. According to documents released under the Freedom of Information Act and requested by Matt Zorn, the US HHS has recommended (pdf) to the Department of Justice Drug Enforcement Administration on Aug. 23 that cannabis be re-ranked on the government’s list of dangerous drugs down from its No. 1 spot alongside heroin to a No. 3 slot alongside the tranquilizer ketamine or the painkiller codeine.

This process of re-ranking is called re-scheduling. Marijuana has been a Schedule I drug since it was placed there in the ’70s over the opinions of experts. Today, over 90% of Americans support medical legalization of marijuana. On Oct. 6, President Biden had urged the HHS to review cannabis’ scheduling, resulting in the August recommendation to the DOJ. The DEA has not stated when it will respond to the HHS’s recommendation.

We’ll have more details as we read the 252-page document.

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The core of a scheduling review is two legs: medical use, and potential for abuse. In the past, the federal government had deemed marijuana had no medical use and a high potential for abuse. That is no longer a tenable position.

On medical use

The HHS review of 2023 found extensive medical use of cannabis in the 40+ states with medical cannabis laws:

more than 30,000 HCPs are authorized to recommend the use of marijuana for more than six million registered patients, constituting widespread clinical experience associated with various medical conditions recognized by a substantial number of jurisdictions across the United States.

US HHS Aug. 2023

“more than 30,000 HCPs are authorized to recommend the use of marijuana for more than six million registered patients, constituting widespread clinical experience associated with various medical conditions recognized by a substantial number of jurisdictions across the United States.”

On potential for abuse

The HHS review found most people using cannabis were doing so safely and no one was dying from it, unlike far more deadly and less restricted drugs.
According to the HHS, “evidence also exists showing that the vast majority of individuals who use marijuana are doing so in a manner that does not lead to dangerous outcomes to themselves or others.”

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“although abuse of marijuana produces clear evidence of harmful consequences, these appear to be relatively less common and less severe than some other comparator drugs.”

Marijuana is the “lowest ranking group” for “serious medical outcomes, including death, observed in Poison Center data,” the HHS found.

For overdose deaths, marijuana is always in the lowest ranking among comparator drugs.

US HHS Aug. 2023

“The risks to the public health posed by marijuana are lower compared to other drugs of abuse (e.g., heroin, oxycodone, cocaine), based on an evaluation of various epidemiological databases for emergency department (ED) visits, hospitalizations, unintentional exposures, and most importantly, for overdose deaths.”

“For overdose deaths, marijuana is always in the lowest ranking among comparator drugs.”

In conclusion, the HHS writes:

“Based on the totality of the available data, we conclude that there exists some credible scientific support for the medical use of marijuana in at least one of the indications for which there is widespread current experience in the United States.”





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Nebraska legalized medical weed: Here’s what’s next

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The 2024 general election has one high point for cannabis law reformers.

Nebraska has voted to legalize medical marijuana via two related measures—IM 437 and IM 438. The former essentially legalizes medical marijuana possession, and a health care professional’s ability to prescribe medical marijuana. The latter clears the path for a new state commission to write rules and regulations for a medical program. IM 437 passed with roughly 71% of the vote, and IM 438 passed with 70%.

In 2020, anti-marijuana state officials succeeded in knocking a medical marijuana legalization measure off that year’s ballot on the grounds that it violated a ‘single subject’ rule. A separate measure in 2022 failed to gather enough signatures to appear on the ballot.

Even though this year’s measures passed, proponents aren’t out of the woods yet. This September, Nebraska prohibitionists filed a lawsuit accusing signature gatherers for the campaign of “cheating” and gathering invalid signatures. The argument lacks much evidence, however; the case is currently before a District judge.

Here’s what happens next, if the measures move forward:

No. IM 438—aka the Nebraska Medical Cannabis Regulation Act—stipulates the creation of the Nebraska Medical Cannabis Commission, which must begin considering business applications by October 1, 2025. 

Don’t forget: Implementation of the program hinges on the district court allowing the measure to move forward.

How much marijuana will Nebraska patients be able to legally possess?

IM 437 legalizes the possession of up to 5 ounces of marijuana.

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Nebraska marijuana laws

When can I legally buy marijuana?

The measures do not set a specific date that sales will start. 

Can medical patients smoke a joint in public?

Neither measure addresses public consumption. But odds are low that patients will be able to legally consume in public. 

Can I grow cannabis at home in Nebraska?

Neither measure addresses homegrow. 

If the measures go into effect, the to-be-created Nebraska Medical Cannabis Commission will establish rules and rules for the program.

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What kind of products will be available?

IM 438 gives a green-light to marijuana flower, concentrates, edibles, topicals and ointments.

Any equity or small-business licenses?

Neither measure addresses this question.

Will marijuana be taxed?

Neither measure addresses questions of taxation.


Stay tuned for more from Nebraska’s march toward medical cannabis.



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Cannabis

What’s Next For Legal Marijuana

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Going into 2025,  the cannabis industry will have to be more limber. 

The election is done and Donald Trump will be returning to the White House and Republicans having greater control in Congress. The election showed the majority of people want recreational in Florida, Nebraska will finally have medical marijuana, and cannabis wasn’t a deciding factor in swinging votes. With the House firmly in Republican hands, Mike Johnson has greater power to battle legal cannabis, but don’t count the industry out yet.

Nebraska, passed two ballot initiatives to legalize medical marijuana and regulate the industry on Tuesday. A whopping 67% of the public said yes, which is great for a traditional lyconservative state.  Nebraska was one of the few holdouts for medical marijuana. The legality of the ballot initiatives is being questioned regarding discrepancy over fraudulent signatures and fraudulent notarizations. It is a civil case with a ruling expected after the election is cleared up. The Governor spoke out against cannabis. Those arguing on behalf of the petitioners said there was no “clear and convincing evidence” of fraud, and throwing out entire petitions would punish thousands of Nebraskan voters. If the cannabis backers and voters win the civil suit, medical marijuana should start by the end of 2025.

medical marijuana
Photo by CapturedNuance/Getty Images

While the initiative failed to reach the 60% of votes needed in Florida, it garnered an impressive 56% of public support. Showing the population of the sunshine state is for fully legal weed, but could be 4 years until it is available. There are issues are Governor DeSantis use of public assets to combat the issue, so my legal wrangling in Florida.

A portion of the industry supported the incoming president, but the biggest industry influence for the upcoming administration will be alcohol and pharmaceutical companies.  Alcohol alone is probably one of the biggest investors in the industry with over $13 billion. Wana Brands, which is partial owned by Constellation, launched hemp gummies that can be sold in most states and are as effective as THC gummies. A smart expansion of their products.

Cannabis is popular with the public with Pew Research saying 88+% of the population supporting legalization in some form.  Even the traditional AARP has come around to extoll the medical and wellness benefits of the plant.  A clearer pathway will be laid out in December with the DEA rescheduling.



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2024 election results for the weed voter: What you need to know

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The votes are coming in, and it’s time to see what 2024 means for cannabis lovers like you. From local measures to national policies, this year’s election could be a game-changer for anyone who believes in a little herbal freedom. Whether you’re in a state where weed’s still a bit of a gray area or you’re looking to see expanded rights and better pricing, this election’s outcomes could impact everything from where you buy to how much you’ll pay—and maybe even what you can grow at home.

So, what just happened? We’re breaking down the most important wins and losses in this year’s races, focusing on the stuff that’ll actually make a difference to the cannabis community. From legalization pushes to fresh tax laws, here’s what cannabis voters need to know about the new political landscape. Will 2024 finally be the year cannabis goes fully mainstream? Let’s dig in and see what the results mean for your stash, your rights, and your next dispensary visit.

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Florida’s Amendment 3: Not currently passing

With 52% of ballots counted at the time of polls closing, Florida Amendment 3 is not meeting the 60% threshold to pass, according to cannabis news site Marijuana Moment. Amendment 3 is losing 55 to 45% in early returns.

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South Dakota cannabis legalization: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for more on South Dakota legalization Measure 29.

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North Dakota cannabis legalization: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for more on North Dakota legalization Measure 5.

Nebraska medical cannabis: To be determined

Polls are still closing across the country and we’ll have to wait until later tonight for for on Nebraska medical cannabis legalization Measure 437.

Oregon pot unions: Too early to tell

Polls close on the West Coast at 8 p.m. PST, after which we’ll have the first returns on Oregon Measure 119 to force pot businesses to obtain pro-union agreements from unions.

Massachusetts psychedelics legalization: To be determined.

Polls close on the East Coast at 8 p.m. EST, after which we’ll have more on the Massachusetts psychedelics legalization Question 4.

State and local races of note

Several state and local races will play a role in spreading cannabis freedom. Among them, Marijuana Moment is tracking three cities in Texas: Dallas, Bastrop, and Lockhart. Legalizing cannabis in cities can percolate up to bigger changes in state capitols.

President of the United States: To be determined

Both candidates have expressed support for legalization, either federally or at the state level. Then again, neither expended political capital to foment cannabis law reform during their prior tenure as President, or Vice-President.

Control of the Senate: To be determined

Despite promises from Senate majority leader Chuck Schumer—the US Senate has blocked cannabis law reform passed by the House. Neither party has passed legalization in the Senate when they held power over it. It’s unclear exactly how either party controlling the Senate would result in gains for cannabis voters.

Control of the House of Representatives: To be determined

Numerous flavors of cannabis law reform have passed out of the House under both Democrat and Republican control. But they’ve died in the Senate. The parties are split on legalization over things like taxes, banking, regulations, special treatment for certain groups, and other facets of winding down the war on weed.



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