cannabis regulation

HHS Recommends DEA to Reclassify Marijuana to Schedule III

Published

11 months ago

January 14, 2024

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Summary: The U.S. Department of Health and Human Services (HHS) has released an unredacted letter confirming its recommendation to the Drug Enforcement Administration (DEA) to reclassify marijuana as a Schedule III substance, acknowledging its medical benefits and lower potential for abuse.

HHS Recommends DEA to Reclassify Marijuana to Schedule III

In a significant development in U.S. drug policy, the Department of Health and Human Services (HHS) has released an unredacted letter confirming its recommendation to the Drug Enforcement Administration (DEA) to reclassify marijuana as a Schedule III substance under the Controlled Substances Act. This recommendation marks a notable shift from marijuana’s current classification as a Schedule I drug, which denotes substances with a high potential for abuse and no accepted medical use.

The HHS recommendation is based on the growing recognition of marijuana’s medical benefits and its lower potential for abuse compared to drugs classified under Schedules I and II. The reclassification to Schedule III, which includes substances like ketamine and anabolic steroids, would significantly ease restrictions on marijuana research and access, facilitating further exploration of its therapeutic potential.

This move aligns with the changing landscape of marijuana legalization at the state level, where numerous states have legalized its medical and recreational use. The reclassification could harmonize federal policy with these state-level reforms, providing much-needed clarity and consistency in marijuana regulation across the country.

The final decision on reclassifying marijuana rests with the DEA, which will consider the HHS recommendation along with public comments and conduct a rulemaking process before implementing any changes. The reclassification of marijuana to Schedule III could have far-reaching implications for the cannabis industry, research, and patients who rely on medical cannabis for treating their symptoms.

Why It Matters: The HHS’s recommendation to reclassify marijuana as a Schedule III substance is a critical acknowledgment of its medical benefits and a step towards reconciling federal drug policy with the evolving public and scientific understanding of marijuana.

Potential Implications: The reclassification of marijuana could lead to increased research, greater access for patients, and reduced legal and financial barriers for cannabis businesses. It also represents a significant stride towards the federal legalization of marijuana.

Source: NORML

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business

Crack Down on Delta-8 THC Products Mimicking Children’s Snacks

Published

5 months ago

July 17, 2024

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The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) have issued cease-and-desist letters to five companies marketing delta-8 THC products with packaging resembling popular children’s snacks, citing health risks and deceptive practices.

Regulatory Action on Delta-8 THC Products

Introduction to the Regulatory Crackdown

The FTC and FDA have targeted companies selling delta-8 THC products in packaging that could be mistaken for children’s snacks, such as cereals and candies. These actions aim to prevent health risks associated with accidental ingestion by children.

Details of the Letters

The letters were sent to five companies, demanding they stop marketing these products with deceptive packaging. The agencies emphasized that such packaging poses significant health risks and violates federal laws against deceptive marketing practices.

Health and Safety Concerns

Children who consume products containing delta-8 THC can experience severe health consequences, including confusion, hallucinations, and respiratory issues. The agencies stressed the importance of clear and accurate labeling to prevent accidental ingestion.

Industry Impact

This regulatory action highlights the ongoing scrutiny of the cannabis and psychedelics industries, particularly concerning product safety and marketing practices. Companies in these sectors are urged to review their packaging and marketing strategies to ensure compliance with federal regulations.

Why This Is Important

Protecting consumers, especially children, from accidental ingestion of cannabis products is a top priority for regulators. This action underscores the need for stringent safety standards and responsible marketing practices in the industry.

Possible Implications

Stricter Regulations: Increased regulatory oversight and stricter guidelines for packaging and marketing.
Industry Adjustments: Companies may need to redesign packaging to comply with safety standards.
Consumer Awareness: Greater public awareness about the risks associated with improperly labeled cannabis products.
Legal Consequences: Potential legal actions against companies that fail to comply with regulations.
Market Shifts: Changes in consumer trust and market dynamics as companies adjust to new regulations.

What to Follow

Regulatory Updates: Monitoring changes in federal and state regulations regarding cannabis product labeling and marketing.
Company Responses: Observing how targeted companies respond to the cease-and-desist letters and adjust their practices.
Industry Trends: Trends in packaging and marketing strategies within the cannabis and psychedelics industries.
Public Health Initiatives: Efforts by health agencies to educate the public about the risks of delta-8 THC products.

Conclusion

The FTC and FDA’s action against companies marketing delta-8 THC products with child-friendly packaging highlights the importance of consumer safety and regulatory compliance. As the cannabis industry evolves, adhering to strict safety standards will be crucial for protecting public health and maintaining consumer trust.

Source: Cannabis Business Times

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cannabis regulation

The DEA Agent That Got Fired For Using CBD, Sued and Won

Published

11 months ago

January 30, 2024

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Summary: Anthony L. Armour, a former DEA agent, was fired in 2019 after using using CBD oil for chronic pain. His termination led to a prolonged legal battle, highlighting the complexities surrounding the CBD industry and federal employment policies. Recently, the Department of Justice agreed to rehire him, covering back pay, legal expenses, and pension eligibility.

DEA Agent’s Fight for Job Reinstatement After CBD-Related Firing

Anthony L. Armour, an “outstanding” DEA agent, faced career derailment in 2019 due to a positive drug test for marijuana. Armour had turned to CBD oil to manage chronic pain, considering it a safer alternative to opioids, which he often encountered in his narcotics investigations. Despite CBD’s legal status under federal law, its unregulated nature led to inconsistencies in product composition, causing Armour and others to fail drug tests.

The legal battle that ensued between Armour and the Department of Justice highlighted the challenges within the burgeoning CBD industry. CBD, derived from hemp, contains less than 0.3 percent THC, the psychoactive component of marijuana. However, the unreliability of product labels and the presence of THC in some CBD products have led to legal and employment issues.

Armour’s case, which involved wrongful termination claims, emphasized the lack of clear DEA policies on CBD use by employees. The Department of Justice initially argued that Armour should have anticipated the risk of a positive drug test. However, in a recent settlement, the government acknowledged no intentional wrongdoing on Armour’s part and agreed to reinstate him with compensation.

This case reflects the broader re-evaluation of cannabis’s risks and medicinal value. The Biden administration is reassessing cannabis’s legal and regulatory status, following federal scientists’ conclusion that its medicinal potential warrants a reclassification from the most restrictive drug category.

Why It Matters: Armour’s case sheds light on the evolving landscape of cannabis regulation and its implications for federal employees. It underscores the need for clearer policies and regulations regarding CBD use, especially in federal agencies like the DEA. The case also highlights the challenges faced by individuals seeking safer pain management alternatives amidst the opioid crisis.

Potential Implications: The resolution of Armour’s case could prompt federal agencies to revise their policies on CBD and cannabis use among employees. It may also influence the ongoing debate on cannabis legalization and its classification as a controlled substance. Additionally, this case could lead to more rigorous standards and labeling requirements in the CBD industry to prevent similar incidents.

Source: NY Times

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autism

What You Need to Know

Published

12 months ago

January 3, 2024

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Summary: The Israeli Ministry of Health has implemented significant changes to the medical cannabis regulations, easing conditions for chronic pain, PTSD, and autism treatment. These updates, part of a broader reform, aim to enhance medical autonomy and reduce bureaucracy for patients and professionals.

Major Reforms in Israeli Medical Cannabis Progarm

The recent updates to the medical cannabis regulations in Israel mark a significant shift in the country’s approach to medical cannabis treatment. These changes, which are part of the medical cannabis regulatory reform initiated in August 2023, focus on easing conditions across several key areas.

One of the major changes in the Israeli medical cannabis program is the removal of the requirement that cannabis be prescribed only as a last resort by a specialist physician. This change underscores the importance of the treating physician’s discretion in numerous indications, allowing for more flexible and patient-centric treatment options.

For patients with autism spectrum disorder, the age restriction for treatment has been lifted. Previously, medical cannabis treatment was limited to patients aged 5 years and above. Now, treatment can be administered based on the physician’s discretion, regardless of the patient’s age, after a diagnosis of autism spectrum disorder according to DSM-5 criteria.

In the field of pain management, the updates have eased the duration of treatment in pain clinics. Patients over 45 years old suffering from chronic pain with a clear official diagnosis will now have more accessible treatment options. This change is particularly significant for older patients who often struggle with chronic pain conditions.

The updates also include changes in the treatment of PTSD. For moderate and severe cases characterized by significant mental distress, physicians can now prescribe medical cannabis to patients with a disability rating of 30% or more according to the National Insurance Institute/Ministry of Defense. This can be done after one year of diagnosis, as opposed to the previous requirement of three years.

These regulatory updates are part of a broader reform in the field of medical cannabis by the Ministry of Health. The aim is to enhance the medical autonomy of treating specialist physicians and to ease accessibility for patients in need of medical cannabis. The updates also aim to reduce the bureaucratic burden for both patients and professionals in the field.

Looking ahead, further changes are expected to come into effect at the end of March 2024. These will include a new categorization table, a transition of about 10% of patients to cannabis on prescription, a maximum price cap for a medical cannabis license, prohibition of marketing in colorful packaging, abolition of transparency of active ingredient percentages, sale of grinders in pharmacies only, legalization of CBD, and several easements for manufacturers.

Why It Matters: The updates to the medical cannabis regulations in Israel represent a significant step forward in the treatment and management of conditions such as chronic pain, PTSD, and autism. By easing the conditions for prescribing medical cannabis and enhancing the discretion of physicians, these changes are expected to improve the quality of life for many patients. Additionally, the upcoming reforms in 2024 indicate a progressive approach towards medical cannabis, potentially setting a precedent for other countries.

Potential Implications: The easing of medical cannabis regulations could lead to increased use of cannabis for medical purposes, potentially reducing the reliance on traditional pharmaceuticals for certain conditions (mainly opioids for pain). This could also spur further research into the medical benefits of cannabis and its derivatives. However, it may also raise concerns about the regulation and control of medical cannabis, emphasizing the need for continued monitoring and evaluation of its use and effects.

Source: קנאביס