Rescheduling – Linked In Commentary … lots of lawyers initial thoughts | Cannabis Law Report | How to order Skittles Moonrock online
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Just a friendly note to all that although the press conference on federal marijuana rescheduling has concluded, we still donāt have the exact language of the Presidentās signed Executive Order. It will be important to read that before drawing conclusions, especially since actions from a number of other federal agencies would be needed to reschedule marijuana, to facilitate changes to the research approach, to provide for a pilot program through CMS for reimbursement of certain cannabinoid products, and many of the other things mentioned in the press event. The details and fine print will matter here in terms of implementationā¦
Hereās the page for Executive Orders: https://lnkd.in/gmmgWhcJ [I am just continuing to hit refresh]ā¦
Hereās the press conference (in case you missed it): https://lnkd.in/gZP38fES
ā¼ļøWhile others will comment on the historic moment that is rescheduling to Schedule 3, today the Presidentās Executive Order (EO) just threw a life raft to the hemp industry to undo the looming āhemp banā (links to EO and fact sheet in comments)ā¼ļø
Statement (Stmt) and my translation:
Stmt: This Administration is committed to work expeditiously to provide clarity and access as appropriate
āļøTranslation: Acknowledgement hemp regulations are currently messy and need clarity ASAP
Stmt: Hemp derived cannabinoid products have shown potential to improve patient systems for common ailments
āļøTranslation: There are therapeutic benefits to hemp products
Stmt: The amount of THC included with hemp derived cannabinoid products can effect pain treatment efficacy and adverse events
āļøTranslation: The entourage effect is real and you need both THC and CBD to feel something
Stmt: The Assistant to the President and Deputy Chief of Staff for Legislative, Political, and Public Affairs will work with the Congress to update the statutory definition of āfinal hemp-derived cannabinoid productsā that was just passed in November to allow Americans to benefit from access to appropriate āfull-spectrum CBD productsā while preserving the Congressās intent to restrict the sale of products that pose serious health risks
āļøTranslation: White House officials will work with Congress directly to fix the definition of āfinal hemp-derived cannabinoid productsā to increase the milligram number to a moderate number that still bans āhigh doseā products
Stmt: Exec departments and agencies shall be consulted to develop a regulatory framework for hemp-derived cannabinoid products
āļøTranslation: A blanket ban is not viable and a regulatory framework is needed which makes hemp-derived cannabinoid products lawful
Stmt: The framework shall include an upper limit of milligrams of THC per serving and per container and a CBD to THC ratio requirements
āļøTranslation: Congress should set a milligram cap for THC per serving and per container and the products should be ratioed containing both CBD and THC
Stmt: The Secretary HHS, the Commissioner FDA, the Administrator of the CMS, and the Director of the NIH shall develop research methods and models utilizing real-world evidence to improve access to hemp-derived cannabinoid products in accordance with Federal law and to inform standards of care
āļøTranslation: The White House does not want to wait for formal clinical trials, real world information and data from consumers and customers should be used as the basis to create a standard of care
ā¹ļø Note: āFull-spectrum CBD productsā is not defined in federal or most state laws, but it generally understand to contain 1-5 milligrams of THC per serving, however there is no set limit
āļøAlso announced today is a forthcoming trial program from CMS to allow coverage of cannabinoid hemp products under certain conditions, details to follow
ORDER and WH FACTS PAGE are in comments below.
Link to Dentons Alert: https://lnkd.in/gFZzsUeT
First details about anticipated executive order on cannabis. We will confirm post-signing.
ā Direct the attorney general to expedite the completion of the process of rescheduling marijuana to Schedule III of the CSA.
ā Direct top White House staff to work with Congress to give patients access to full-spectrum CBD products, āwhile still restricting the sale and access to products that cause serious and potentially life threatening health risks.ā
ā Urge Congress to examine updating the definition of hemp to ensure that full-spectrum CBD is accessible to patientsāa policy change that could mitigate some concerns in the sector about a recent spending bill Trump signed with provisions that would broadly ban consumable hemp products.
ā Direct the U.S. Department of Health and Human Services (HHS) to ādevelop research methods and models, to utilize real world evidence [and] to improve access to hemp-derived CBD products in accordance with federal lawā while informing āstandards of care.ā
hashtagDentons hashtagDentonsCannabis hashtagCannabisLaw hashtagRescheduling
What does cannabis rescheduling mean for banking and lending?
Check this out: https://lnkd.in/gCPRbzXU
CTrust
Dotan Y. Melech
Scot Rutledge
Kevin Washburn
Kevin Hart
Heads-up before everyone starts poppinā champagne š¾ š š Rescheduling via hashtagexecutive order is a signal, not substance.
An executive order is not a law. It does not automatically change hashtagenforcement. It does not free anyone. It can be reversed by the next administration with the stroke of a pen.
hashtagCannabis headlines are loud today. But Iām staying skeptical; because moving cannabis from 1 federal list to another does not end hashtagprohibition.
It does not stop arrests, does not repair harm, does not deschedule the plant. Which is what we want and deserve.
It does not resolve state vs hashtagfederal conflict. And it absolutely does not equal hashtagjustice.
This is why I keep saying the same thing, loudly and without apology:
Decriminalization first. Always. Full descheduling, not reshuffling.
Schedule III still keeps cannabis illegal federallyā¦
Still privileges pharma over people.
Still leaves legacy operators exposed.
Still allows the federal government to criminalize a plant communities have used safely for generations.
If cannabis has medical value, it never belonged on any schedule in the first place.
Real hashtagreform looks like this:
ā¢ Full federal descheduling
ā¢ hashtagDecriminalization nationwide
ā¢ Automatic hashtagexpungement
ā¢ Repair before revenue
ā¢ People before hashtagprofit
Anything less is policy theater wrapped in a press releaseā¦ so, yes letās celebrate āprogressā but stay clear-eyed.
Executive orders come and go; Freedom sticks when itās written into law.
No half-measures: We deserve to be free of this conspiracy against the plant, repression of our medical sovereignty and bodily autonomy.
Free this plant! š± Free the people!
Guys stop sending out pre-written announcements that marijuana has been rescheduled! No it hasnāt. Go to the White House website and read the first sentence. āThe Order DIRECTS the Attorney General to EXPEDITE completion of the process to rescheduling marijuana to Schedule III of the CSAā¦ā
The question I would ask everyone cheering on Trump today. What is fundamentally different about an E.O. encouraging the DEA to do the same thing Bidenās HHS already said they should do?
Why is Trump suddenly a hero when Biden already started the process?
I donāt know who needs to hear this today, but the president canāt unilaterally reschedule cannabis by executive order.
Please donāt spend your tax money.
President Biden requested hashtagcannabis be hashtagrescheduled in 2022. The hashtagFDA and hashtagDEA moved forward with that process, which was well underway, when the new administration took office in January and the process stalled. Trump just issued an Executive Order to reschedule āexpeditiously,ā as Biden initially directed in 2022.
What does this EO do you ask? Nothing, at least not today. Even if/when the move to Schedule III happens:
ā hashtagcannabis will hashtagnot have been hashtaglegalized
ā people can and will still go to hashtagjail over cannabis
ā hashtagdoctors will still not be able to lawfully hashtagprescribe cannabis
ā hashtagEpidiolex will still be the only FDA-approved hashtagdrug from cannabis hashtagplants
What might happen (once it is actually official)?
š° hashtag280E ā cannabis companies *should* get immediate relief and finally be able to take standard business tax hashtagdeductions. HOWEVER, we still donāt know if anything cannabis-related would remain higher than Schedule III (i.e., hashtagTHC, hashtagmarijuana, marijuana hashtagextract). Iām very interested in what federal hashtagtax hashtagcredit programs could be possible under Schedule III.
š¬ reduced barriers for US-based hashtagresearch means hashtagacademic institutions and hashtaghospitals will be able to research cannabis with less restrictions, which could eventually lead to new FDA-approved cannabis-based drugs.
So what happens to hashtagstate-legal programs? No one knowsā¦.but they did just remove that appropriations hashtagprotection that had been there for several yearsā¦.I think this becomes a handout to hashtagBigCannabis and hashtagBigPharma, but leaves small businesses, patients, consumers, and convicts still without relief. Time will tellā¦.
Notably, though, on the hashtaghemp issue, the EO acknowledges the messy state of affairs and directs Congress to address it so hashtagfullāhashtagspectrum hemp remains accessible while prohibiting those products that are alleged to endanger public health. Expect another set of definition amendments for hemp in the next several monthsā¦.
A lot of talk, a lot of press, not a lot of real action YET.
Wow. Thereās a little something here for many aspects of the cannabis industry.
First, contrary to many reports, the President did not reschedule marijuana. He doesnāt have the authority to do that unilaterally. But his order today paves the way for the executive branch to formally reschedule marijuana as a Schedule 3 substance. THIS IS MASSIVE for the marijuana industry and sets the stage for a new era of growth, research, and development a half century in the making.
In what had been reported over the past 24 hours without many details, the hemp industry got a boost from the announcement as well. The President urged Congress to update federal law to allow for the manufacture and sale of CBD and Dr. Oz announced that Americans over 65 will have access to subsidized CBD products. This hemp news has to be read in connection with Congressā recent decision to effectively ban broad spectrum CBD effective next November. I have already heard from hemp operators keen to get amendments to that law so that federal law aligns with todayās order.
Lots to unpack, and weāll have a full recap over at Budding Trends.
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