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If Weed Is Rescheduled, Does That Mean It Is Now Federally Legal? (And Other Questions You Were Afraid to Ask)

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The discussion surrounding the legalization of marijuana has been prevalent in recent years, with numerous states choosing to take matters into their own hands rather than relying on federal action.

 

Now, there is a glimmer of hope for nationwide legalization as federal health authorities have proposed reclassifying marijuana. However, this does not necessarily translate to full legalization.

 

Currently categorized as a Schedule I controlled substance, marijuana is considered by the Drug Enforcement Administration to have “no currently accepted medical use and a high potential for abuse.”

 

The Department of Health and Human Services has submitted its findings on marijuana to the DEA, suggesting that it be reclassified as a Schedule III substance. This classification implies a “moderate to low potential for physical and psychological dependence,” placing it in the same category as ketamine and anabolic steroids.

 

While this recommendation appears promising, it does not usher in an immediate transformation for marijuana. The DEA will require time to deliberate on reclassification, and even if it does occur, marijuana will remain subject to federal regulations and rules. Furthermore, federal-level recreational legalization would not automatically follow, and marijuana would continue to be a controlled substance.

 

It is important to note that reclassification could, however, pave the way for increased research opportunities, as Schedule III drugs are easier to study compared to Schedule I drugs.

 

Additionally, it could potentially lead to a reduction in the federal taxes paid by cannabis companies. Currently, businesses involved in the “trafficking” of marijuana or other Schedule I or II drugs are unable to deduct expenses such as rent and payroll under the federal tax code. This has led to tax rates of 70% or higher for many cannabis businesses, despite their compliance with state licensing regulations.

 

As for the current legal landscape, nearly two dozen states have already legalized recreational marijuana use for adults, and thirty-eight states have legalized marijuana for medicinal purposes. Recent additions to the list of legalized states include Rhode Island, New York, Connecticut, Maryland, and Missouri.

 

The interactive map below displays the status of marijuana legalization in each state as of June 2023, based on data from the National Conference of State Legislatures.

 

The potential reclassification of marijuana raises questions about its impact on these states. Natacha Andrews, executive director of the National Association of Black Cannabis Lawyers, expressed concerns in an interview, suggesting that it could disrupt existing state programs.

 

She emphasized that state-level legalization may be at odds with federal actions, leaving uncertainty about the next steps the DEA will take. As a result, some states may encounter difficulties or disruptions while others may remain unaffected.

 

The Road to Reclassification: Understanding the Process

 

Reclassifying marijuana from a Schedule I to a Schedule III substance is a complex journey with several key steps and considerations. While the Department of Health and Human Services (HHS) recommendation has sparked hope for some, it’s essential to comprehend the intricacies involved in this potential shift.

 

At present, marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act. This classification places it in the same category as drugs like heroin, LSD, and ecstasy. Schedule I substances are characterized by their perceived lack of medical utility and high potential for abuse. This classification has long been a barrier to both research and nationwide legalization efforts.

 

The pivotal moment in the journey toward reclassification came when the HHS submitted its findings to the Drug Enforcement Administration (DEA), proposing that marijuana be reclassified as a Schedule III substance. Schedule III drugs, like ketamine and anabolic steroids, are considered to have a “moderate to low potential for physical and psychological dependence.” This recommendation indicates a potential shift in the federal government’s stance on marijuana, acknowledging its therapeutic potential and lower risk profile than other controlled substances.

 

While the HHS recommendation is a significant development, it is crucial to recognize that reclassification is not guaranteed. The DEA holds the authority to make the final decision, which may take time. The DEA will conduct its own review, considering scientific evidence, public input, and other factors before rendering a decision. It’s important for advocates, policymakers, and stakeholders to monitor this decision-making process and its outcomes closely.

 

Even if marijuana is reclassified as a Schedule III substance, it does not mean immediate nationwide legalization or decriminalization. Federal regulations and rules governing its use and distribution would still apply. However, reclassification could bring about important changes, including increased research opportunities and potential tax relief for cannabis businesses.

 

State-Level Challenges and Considerations Amid Federal Changes

 

The looming prospect of reclassifying marijuana from a Schedule I to a Schedule III substance brings forth various state-level challenges and considerations, particularly for states that have already legalized marijuana. The crux of the issue lies in the conflict between state and federal laws. While individual states have enacted laws permitting and regulating cannabis, marijuana remains illegal under federal law, creating legal uncertainties that ripple through the system.

 

This legal incongruity has significant implications. It affects not only cannabis businesses but also individuals who abide by state laws permitting cannabis consumption and cultivation. The conflict between state and federal regulations remains a central concern, as it introduces complications and questions surrounding enforcement, compliance, and the overall legality of cannabis-related activities.

 

Additionally, the proposed reclassification has raised concerns about the stability of existing state-level cannabis programs. States that have invested considerable resources in establishing and regulating their cannabis industries fear that federal actions could disrupt these established systems. The potential for divergent state responses further adds to the complexity, with states likely to react differently to federal changes depending on their unique legal and political contexts. The need for clarity and cooperation between state and federal governments is evident as they seek to address these challenges and ensure the continued effectiveness of state cannabis programs amidst evolving federal regulations.

 

Bottom Line

 

While the reclassification of marijuana from Schedule I to Schedule III offers a glimmer of hope for nationwide legalization, it does not guarantee immediate transformation. Federal regulations and rules would still apply, and full legalization remains a separate challenge. Nevertheless, this potential shift could unlock research opportunities and alleviate tax burdens for cannabis businesses. State-level challenges, including conflicts between state and federal laws and concerns about program disruptions, emphasize the need for cooperation and clarity between governments. The road to nationwide cannabis legalization is intricate, with numerous uncertainties, making ongoing vigilance and engagement by stakeholders essential in shaping the future of cannabis policy.

 

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Is Kratom Addictive? Understanding Dependence, Risks, and Safe Usage

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Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.

From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.

However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.

Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.

Understanding Kratom: Origins and Prevalence

Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.

The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.

  • From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.

  • Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.

  • As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.

The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.

Is Kratom Addictive: Investigating the Substance’s Nature

The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.

How Kratom Works in the Brain

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.

Patterns and Consequences of Long-term Use

  • Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.

  • Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.

  • Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.

Assessment of Addiction Risks

Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.

Physiological Effects: Kratom’s Impact on the Body

There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.

  • Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.

  • Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.

  • FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.

  • Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.

  • Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.

Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.

Conclusion

Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.

Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.

When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.

The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.

 

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New Rule, December 5: Oregon Cannabis Retailers, Processors and Labor Peace Agreements

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Oregon’s Measure 119 passed last week, as expected. This means that as of December 5th, every OLCC licensed retailer, processor, researcher and testing lab must secure a labor peace agreement before OLCC will approve a new or renewal license application. The labor peace agreement must be with a “bona fide labor organization.”

I previewed M119 back in September, explaining:

Compulsory peace agreements aren’t anything new in cannabis, although it would be something different here in Oregon. California, for example, requires labor peace agreements for many of its cannabis licensees, and has for many years. We had clients struggle with the concept initially, and we saw some fumbled rollouts, but people eventually adjusted.

Measure 119 further provides that retailers and processors would be required to remain neutral, under the peace agreements, when labor organizations communicate with employees about collective bargaining rights “with any licensure or renewal application.”

M119 may be legally problematic

I’m not a First Amendment lawyer, but it’s not clear to me that an Oregon business can be constrained from speaking with employees– regardless of what M119 provides. Oregon’s speech protections are extremely broad, which is why we have a naked bike ride, tons of strip clubs and no campaign finance restrictions.

I’m also not a labor lawyer, but I’m told M119 could hit a snag on the National Labor Relations Act.

I’ve run these concepts by an Oregon First Amendment lawyer and a couple of labor lawyers, and all confirmed to me that M119 has real exposure. I found that feedback interesting, because M119 sponsors would have understood this when they set out signature gathering. Back in September, I wrote:

The United Food and Commercial Workers Local 555 spent a good deal of money to get Measure 119 on the ballot, rounding up some 163,000 signatures when only 117,173 were required. This follows on a stymied effort to get House Bill 3183 passed last year, which would have accomplished the same thing legislatively.

HB 3183 failed after a couple of advisory letters from the State of Oregon, Legislative Counsel Committee (see here and here). Those letters discussed preemption exposure for what is now M119 under the National Labor Relations Act, The Taft Hartley Act, and other federal laws. Oregon Business and Industry, the largest business group in the state, also submitted opposing testimony, highlighting legal exposure.

As to the First Amendment issues, anyone watching this is advised to follow litigation recently brought by Ctrl Alt Destroy, Inc., on a similar requirement in California.

So let’s see how that goes, and let’s see if anyone in the Oregon cannabis space wants to make a run at litigating M119. For now, credit to UFCW Local 555, I guess, for not giving up and for getting this thing on the ballot. And for having some fun by slipping a Rickroll into the voter pamphlet. I’m sure that won a few people over.

The OLCC process

I don’t have any information yet on what OLCC is going to do ahead of the December 5th deadline. It’s worth noting that, in addition to California, other recreational cannabis states including New York, New Jersey, Rhode Island, Connecticut and Delaware all have similar requirements. Most likely, OLCC will put out an FAQ page very soon that looks something like this and licensees will need to upload something or other to CAMP with respect to any post-December 5th application or renewal.

As far as OLCC licensees negotiating these agreements, the best approach would be to speak with experienced labor counsel. Labor law is highly specialized, and negotiating a labor peace agreement with any outfit claiming to be a “bona fide labor organization” is not a typical exercise.

For now, this is just one more thing for licensed cannabis businesses to comply with. Please reach out to us if you have any questions or need a referral.



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The CBD Dog Treat Guide

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CBD dog treats good or bad

As the popularity of CBD (cannabidiol) continues to rise, many pet owners are exploring its potential benefits for their furry companions. CBD is derived from the hemp plant and is known for its therapeutic properties, which may help alleviate anxiety, pain, inflammation, and other health issues in dogs. However, when considering CBD treats for your dog, it’s crucial to understand the ingredients that go into these products. This article will delve into the essential ingredients to look for in CBD treats, their benefits, potential risks, and how to choose the right product for your canine friend.

 

Understanding CBD and Its Benefits for Dogs

 

Before we dive into the ingredients, it’s important to understand what CBD is and how it can benefit dogs. CBD is a non-psychoactive compound found in cannabis plants. Unlike THC (tetrahydrocannabinol), which can produce a “high,” CBD does not have intoxicating effects. Instead, it interacts with the endocannabinoid system (ECS) in both humans and animals, which plays a crucial role in regulating various physiological processes.

 

Potential Benefits of CBD for Dogs

 

  • Anxiety Relief: Many dogs experience anxiety due to various factors such as loud noises, separation from their owners, or changes in their environment. CBD may help reduce anxiety levels by promoting a sense of calm.

 

 

 

 

 

 

Choosing the Right CBD Treats

 

When selecting CBD treats for your dog, it’s essential to look beyond just the CBD content. The overall quality of the treat is equally important. Here are some key ingredients you should be aware of:

 

1. High-Quality CBD Oil

 

The foundation of any good CBD treat is the quality of the CBD oil used. Look for treats that contain:

 

  • Full-Spectrum or Broad-Spectrum CBD: Full-spectrum products contain all cannabinoids found in the hemp plant, including trace amounts of THC (below 0.3% as per legal standards). Broad-spectrum products contain multiple cannabinoids but no THC. Both types can provide an “entourage effect,” enhancing the therapeutic benefits.

 

 

 

2. Natural Ingredients

 

Just like human food, the ingredients in your dog’s treats matter significantly. Look for treats made with natural ingredients rather than artificial additives or preservatives. Here are some beneficial components:

 

Whole grains like oat flour or brown rice flour provide essential nutrients and fiber that support digestive health. They are also a good source of energy for active dogs.

 

Healthy fats are vital for maintaining your dog’s coat and skin health. Ingredients like coconut oil or peanut butter not only enhance flavor but also provide beneficial fatty acids that support overall well-being.

 

Incorporating fruits and vegetables into your dog’s treats can boost their nutritional value:

 

 

 

 

 

To make treats more appealing without resorting to artificial flavors, look for natural flavorings like chicken broth or carob (a chocolate substitute safe for dogs). These ingredients can enhance taste while keeping the treat healthy.

 

3. Functional Ingredients

 

Some treats may include additional functional ingredients designed to address specific health concerns:

 

 

These compounds are often included in joint support treats to help maintain joint health and mobility, especially in older dogs or those with arthritis.

 

 

Probiotics can promote gut health by supporting a healthy balance of bacteria in your dog’s digestive system.

 

 

Certain herbs like chamomile or ginger may offer calming effects or aid digestion. Always ensure these herbs are safe for canine consumption before choosing treats containing them.

 

Ingredients to Avoid

 

While there are many beneficial ingredients to seek out, it’s equally important to know which ones to avoid:

 

1. Artificial Additives

 

Many commercial pet treats contain artificial colors, flavors, and preservatives that can be harmful to your dog’s health. These additives may lead to allergic reactions or other health issues over time.

 

2. High Sugar Content

 

Just like humans, dogs do not need excessive sugar in their diets. Treats high in sugar can lead to obesity and dental problems.

 

3. Low-Quality Fillers

 

Avoid treats with low-quality fillers such as corn syrup or by-products that do not provide any nutritional value.

 

4. THC (Tetrahydrocannabinol)

Always ensure that any CBD product you choose contains less than 0.3% THC to avoid any psychoactive effects on your dog.

 

How to Introduce CBD Treats Safely

 

When introducing any new treat into your dog’s diet—especially one containing CBD—it’s essential to do so gradually:

 

  • Start Small: Begin with a small amount of the treat to see how your dog reacts.

  • Monitor Your Dog: Observe your dog for any adverse reactions such as changes in behavior or gastrointestinal upset.

  • Adjust Dosage as Needed: Depending on your dog’s size and needs, you may need to adjust the dosage over time.

  • Consult Your Veterinarian: Before starting any new supplement regimen, including CBD treats, consult with your veterinarian—especially if your dog has existing health conditions or is taking other medications.

 

Conclusion

 

CBD treats can be a beneficial addition to your dog’s diet when chosen carefully with attention to ingredient quality and safety. By understanding what goes into these treats—such as high-quality CBD oil, natural ingredients, functional additives—and knowing what to avoid, you can make informed decisions that support your dog’s health and well-being.

Always prioritize transparency from manufacturers regarding ingredient sourcing and product testing; this will ensure you’re providing your furry friend with safe and effective options tailored to their needs. With proper research and guidance from a veterinarian, you can confidently explore the potential benefits of CBD treats for your beloved pet while ensuring they enjoy a tasty snack that’s good for them too!

 

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