Cannabis DNA Initiative

Arizona: Supreme Court Rejects DUI Per Se Standard For THC Metabolites

NORML Blog - Wed, 04/23/2014 - 23:20

The Arizona Supreme Court this week rejected a 1990 state law that classified the presence of inert THC metabolites in blood or urine as a per se traffic safety violation.

Carboxy-THC, the primary metabolite (breakdown product) of THC is not psychoactive. Because it is lipid soluble, the metabolite may remain detectable in blood or urine for periods of time that extend well beyond any suspected period of impairment. As a result, the US National Highway Traffic Safety Administration acknowledges, “It is … currently impossible to predict specific effects based on THC-COOH concentrations.”

Nonetheless, under Arizona law, the mere presence of carboxy THC — absent any evidence of behavioral impairment — was considered to be a criminal violation of the state’s traffic safety laws. (Delaware, Georgia, Illinois, Indiana, Iowa, Nevada, Ohio, Oklahoma, Rhode Island, and Utah impose similar statutes.) On Wednesday, the Court struck down the provision.

Writing for the majority, Justice Robert Brutinel opined: “The State’s interpretation that ‘its metabolite’ includes any byproduct of a drug listed in § 13-3401 found in a driver’s system leads to absurd results. … Most notably, this interpretation would create criminal liability regardless of how long the metabolite remains in the driver’s system or whether it has any impairing effect. For example, at oral argument the State acknowledged that, under its reading of the statute, if a metabolite could be detected five years after ingesting a proscribed drug, a driver who tested positive for trace elements of a non-impairing substance could be prosecuted.”

He added: “Additionally, this interpretation would criminalize otherwise legal conduct. In 2010, Arizona voters passed the Arizona Medical Marijuana Act (“AMMA”), legalizing marijuana for medicinal purposes. Despite the legality of such use, and because § 28-1381(A)(3) does not require the State to prove that the marijuana was illegally ingested, prosecutors can charge legal users under the (A)(3) provision. Because carboxy-THC can remain in the body for as many as twenty-eight to thirty days after ingestion, the State’s position suggests that a medical-marijuana user could face prosecution for driving any time nearly a month after they had legally ingested marijuana.”

The Court concluded: “Because the legislature intended to prevent impaired driving, we hold that the ‘metabolite’ reference in § 28-1381(A)(3) is limited to any of a proscribed substance’s metabolites that are capable of causing impairment. Accordingly, … drivers cannot be convicted of the (A)(3) offense based merely on the presence of a non-impairing metabolite that may reflect the prior usage of marijuana.”

The Court did not address provisions in the state’s per se DUI law outlawing the operation of a motor vehicle with any presence of THC in one’s blood even though, according to NHTSA, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects.”

Categories: Cannabis News

Study: Medical Cannabis Laws Not Associated With Increased Use By Adolescents

NORML Blog - Tue, 04/22/2014 - 20:02

The enactment of state laws legalizing the physician-recommended use of cannabis therapy is not associated with increased levels of marijuana use by young people, according to data published online in the Journal of Adolescent Health.

Researchers at Rhode Island Hospital and Brown University assessed the impact of medical cannabis laws by examining trends in reported drug use by high-schoolers in a cohort of states before and after legalization. Researchers compared these trends to geographically matched states that had not adopted medical marijuana laws.

Authors reported overall “no statistically significant differences in marijuana use before and after policy change for any state pairing,” and acknowledged that some states that had adopted medical cannabis laws experienced a decrease in adolescent’s self-reported use of the plant. “In the regression analysis, we did not find an overall increased probability of marijuana use related to the policy change,” they stated.

Investigators concluded, “This study did not find increases in adolescent marijuana use related to legalization of medical marijuana. … This suggests that concerns about ‘sending the wrong message’ may have been overblown. … Our study … may provide some reassurance to policy makers who wish to balance compassion for individuals who have been unable to find relief from conventional medical therapies with the safety and well-being of youth.”

A 2013 study published in the American Journal of Public Health similarly concluded that the passage of medical marijuana laws in various states has had no “statistically significant … effect on the prevalence of either lifetime or 30-day marijuana use” by adolescents residing in those states.

A 2012 study by researchers at McGill University in Montreal reported: “[P]assing MMLs (medical marijuana laws) decreased past-month use among adolescents … and had no discernible effect on the perceived riskiness of monthly use. … [These] estimates suggest that reported adolescent marijuana use may actually decrease following the passing of medical marijuana laws.”

Read the abstract of this latest study, “The Impact of State Medical Marijuana Legislation on Adolescent Marijuana Use,” online here.

Categories: Cannabis News

Alaska: Election Officials Postpone Marijuana Legalization Vote To November

NORML Blog - Tue, 04/22/2014 - 19:04

Alaska voters will decide this November on a proposed initiative to regulate the production and retail sale of cannabis to adults.

Although the measure was initially scheduled to go before voters during the state’s primary election in August, state officials this week decided to push back the vote to the November general election. The postponement was required because lawmakers failed to adjourn this year’s legislative session within 90 days, the standard time allotted under state rules. Under Alaska law, ballot initiatives must go to voters no less than 120 days after the end of that year’s legislative session.

If enacted by voters this November, the ballot measure would legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants (three flowering) for personal consumption. It would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.

The measure neither amends the state’s existing medical marijuana law, which was approved by voters in 1998, nor does it diminish any privacy rights established by the state’s Supreme Court in its 1975 ruling Ravin v State.

Under present state law, the possession of marijuana not in one’s residence is classified as a criminal misdemeanor punishable by up to 90-days in jail and a $2,000 fine.

According to the results of a statewide Public Policy Polling survey, released in February, 55 percent of registered voters “think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol.” Only 39 percent of respondents oppose the idea. The survey possesses a margin of error of +/- 3.4 percent.

If enacted, Alaska will be the third US state to regulate the legal retail production and sale of cannabis to adults.

Also this November, voters in Florida will decide on a constitutional amendment to allow for the physician-approved use and retail distribution of cannabis for medical purposes.

Categories: Cannabis News

Minnesota: African Americans Six Times More Likely Than Whites To Be Arrested For Marijuana Possession

NORML Blog - Mon, 04/21/2014 - 21:33

African Americans are arrested for marijuana possession offenses in Minnesota at a rate that is more than six-times higher than that of Caucasians, according to an analysis of 2011 FBI arrest data released today by the nonpartisan think-tank Minnesota 2020 and commissioned in part by Minnesota NORML.

Although African Americans comprise less than six percent of the state’s population, they represented over 27 percent of those persons arrested for violating marijuana possession laws in 2011. By comparison, whites comprise some 87 percent of the state’s population and constituted 69 percent of those arrested for violating marijuana possession laws. “Thus, the black arrest rate for marijuana possession was 687 and the white arrest rate was 107, making blacks 6.4 times more likely to be arrested for marijuana possession than whites,” the study found.

In 2010, blacks in Minnesota were arrested for cannabis possession at 7.8 times the rate of whites. Both African Americans and Caucasians consume cannabis at approximately similar rates.

The racial disparity in Minnesota in marijuana possession arrests is significantly higher than the national average. According to a 2013 analysis of marijuana possession arrests by race in 945 counties nationwide, blacks are approximately four times as likely as whites to be arrested for marijuana possession.

“[This] kind of over-representation cannot be accounted for without racial bias,” Minnesota 2020 Executive Director Steve Fletcher said today at a press conference. “It means black Minnesotans are bearing a disproportionate share of the personal and collateral costs of our war on drugs.”

A variety of factors contribute to the disparity in arrest rates, the study found. These include “over-policing in communities of color, cultural differences in where or how marijuana is used and purchased, and [the prevalence] of grants and seizure policies that incentivize volume over quality in drug arrests,” the think-tank acknowledged in a press release.

The report estimated that the collateral costs of a low-level marijuana arrest may total as much as $76,000 over the course of a decade, including attorney fees, fines, costs associated with attending mandatory drug treatment, lost income and job prospects, and barriers to public assistance and federal aid.

“In light of these human and financial costs, Minnesota lawmakers and law enforcement officials have a responsibility to consider whether marijuana possession laws in their current conception are actually contributing to public safety, or if they are instead producing undue hardship for individuals and growing inequities within society,” the study concludes.

Full text of the study, entitled “Collateral Costs: Racial Disparities and Injustice in Minnesota’s Marijuana Laws,” is available online here.

Categories: Cannabis News

420 words on 4/20 weekend

NORML Blog - Sat, 04/19/2014 - 17:56

Dear NORML members and supporters,

We all find ourselves this weekend at the precipice of the year’s most propitious date on the calendar for cannabis consumers and freedom lovers: April 20th.

As always, there will be large public gatherings all around America (and other countries too) to celebrate the responsible adult use of cannabis. The day is a cultural phenomenon, with both substantial media output (some entire cable networks broadcast cannabis-centric programming and entertainment–like Comedy Central) and coverage of public celebrations (cities like Denver expect downtown public pot celebrations drawing 500,000 or more Saturday and Sunday).

The patchwork of cannabis law enforcement in this country is so disparate that in some locations the gatherings will celebrate their appreciation of the herb, but under harsh threat of arrest and criminal sanctions. Contrastingly, in other parts of the country, where I write this letter from, the city of Denver–where I’ve paid an effective 35% tax rate on the retail purchase of a small amount of a strain called ‘Tangie’, and where over 40,000 attendees are expected for High Times’ Cannabis Cup Awards–the events here are decidedly in celebration of the only place currently on earth where an adult can purchase and legally consume cannabis in a similar manner to that of alcohol products.

By July of this year, the citizens and visitors to Washington State will enjoy the same freedoms and responsibilities when their cannabis retail market officially commences.

Two down, forty-eight more states and territories to go…

Dozens of NORML’s 150 state and local chapters will be very busy this weekend working to end cannabis prohibition in their region of the country. Check out your local NORML chapter event here.

For over a dozen years NORML has had unique 4/20 fundraisers, promoting an annual membership* for as low as $4.20, and this year is no different. Hats off to legalization–upgrade your membership for $42 and get a limited edition hemp hat* from Grassroots California.

With Alaska and Oregon voters likely propelling their states to join Colorado and Washington this election season via binding voter initiatives, we will all have even more to rejoice (and consumer choices for safe, affordable, legal and taxed cannabis) next April 20th.

Thank you for supporting NORML’s long standing public advocacy efforts to end cannabis prohibition and replace it with a far more rational and responsible public policy that has sustained the organization to this day–when I’m reporting to you the first legal and taxed cannabis purchase in my lifetime.

Cannabem Liberemus,

Allen St. Pierre
Executive Director
NORML

* NORML 420 membership offer is valid until 4/20/14 at 11:59pm EST. (Limited quantity of hemp hats)

Categories: Cannabis News

NORML Responds To Latest Media Frenzy Over Pot and ‘Brain Damage’ Fears

NORML Blog - Fri, 04/18/2014 - 16:48

The mainstream media launched into a reefer mad frenzy this week after researchers from Harvard University in Boston and Northwestern University in Chicago published the results of a neuroimaging study assessing the brains of a small cohort of regular marijuana smokers and non-users. The brain scans identified various differences between the two groups in three aspects of brain morphometry: gray matter density, volume, and shape. These differences triggered dozens of high-profile media outlets to lose their collective minds. Here’s a sampling:

CNN: Casual marijuana use may damage your brain

Financial Post: Study proves occasional marijuana use is mind altering

Time: Recreational pot use harmful to young people’s brains

International Business Times: Casual Marijuana Smoking at Young Age May Cause Irreparable Brain Damage – Even at One Joint Per Week

UK Telegraph: Smoking cannabis will change you. That’s not a ‘risk’, it’s a certainty

Yet despite the sensationalist headlines, the study itself was hardly newsworthy. Decades of research pertaining to the potential residual adverse effects of cannabis on brain cognition have failed to support the notion that marijuana poses any sort of permanent brain deficits. And as I write today on Alternet.org, this study similarly failed to report any sort of real-world adverse consequences associated with cannabis use:

Why the Media’s Fear-Mongering on Marijuana Effects on the Brain Is Faulty
via Alternet.org

[excerpt] Using high–resolution MRI imaging, scientists identified specific changes in particular regions of the brain that they inferred were likely due to marijuana exposure. (Since researchers only performed a single MRI session, they could not say definitively whether these changes were, in fact, caused by cannabis or whether they existed prior to subjects’ use of the plant.) Notably, however, these changes did not appear to be associated with any overt adverse effects in subjects’ actual cognition or behavior. (Separate studies assessing youth use of legal intoxicants, such as nicotine and alcohol, have also been associated with documented changes in brain structure. Ditto for caffeine intake in preclinical models. These findings have received far less media attention.)

Both the cases (20 marijuana users) and controls (20 nonusers) in the study were recruited from local universities, undermining the notion that the alleged ‘brain damaged potheads’ were any more academically challenged than their non-using peers. Further, as summarized by HealthDay: “Psychiatric interviews revealed that the pot smokers did not meet criteria for drug dependence. For example, marijuana use did not interfere with their studies, work or other activities, and they had not needed to increase the amount they used to get the same high.”

In other words, case subjects and controls appeared to function similarly in their professional and academic endeavors.

You can read the full text of my response here.

Fortunately, my critique of this latest paper — and in particular the mainstream media’s sensationalist and erroneous coverage of its findings — is far from the only one. Below are links to several other excellent analyses:

MedPage Today: Striking a Nerve: Bungling the Cannabis Story

Daily Beast: No, Weed Won’t Rot Your Brain

Bits of DNA (blog): Does researching casual marijuana use cause brain abnormalities?

DPA Blog: Does Smoking Dope Really Make You a Dope?

Categories: Cannabis News

USF Hosts Statewide Florida NORML Conference

NORML Blog - Wed, 04/16/2014 - 18:55

Tampa, FL – On Sunday April 13th, people came from all parts of the sunshine state to the to attend the first statewide Florida NORML conference at the University of South Florida.   While the most  critical topic of the day was Question 2 (Florida’s medical marijuana ballot initiative) to be voted on in the November election, there was also a diverse range of information presented by conference speakers such as student rights on campus, organizing and social media outreach.

Panelists consisted of a group of nationally recognized advocates and some of the state’s most high profile reformers.  They included federal medical marijuana patient Irv Rosenfeld, Kathy Jordan of the Kathy Jordan Medical Marijuana Act, the Silver Tour’s Robert Platshorn and Florida NORML Chapter Director Karen Goldstein.   Other speakers included Catherine Sevcenko, litigation coordinator for the Foundation for Individual Rights in Education (FIRE) and Eli Zucker, Founding Director of USF NORML and Sabrina Fendrick of National NORML.

The event was organized and hosted by the USF NORML chapter, with support from Students for Liberty and United for Care – the campaign behind Question 2.  For more information in how to get involved with marijuana law reform in the sunshine state, please contact Karen Goldstein at normlsfla@gmail.com.

 

Categories: Cannabis News

Neuropsychological Deficits: Fact and Artifact About Marijuana Tests

NORML Blog - Tue, 04/15/2014 - 23:05

By Mitch Earleywine, Ph.D
State University of New York at Albany
Chair, NORML board of directors

A new study claims to show small deficits on neuropsychological tests in college students who started smoking marijuana early in life. It might get a lot of press. Prohibitionists love to bang the drum of marijuana-related cognitive deficits, so I’d like NORMLites to know how to make sense of this sort of research. The recurring themes in this literature involve several alternative explanations that never seem to dawn on journalists. These results often arise from artifacts of the study rather than physiological effects of the plant. I’d like to focus on a few: other drug use, dozens of statistical tests, the incentives for performance, and the demands communicated by the experimenters.

The latest paper of this type is actually pretty good. Researchers studied over 30 people aged 18-20 who started using before age 17 (their average starting age was around 15) and who smoked at least 5 days per week for at least a year. They compared them to a comparable bunch of non-users. I hate to see 15-year-olds using anything psychoactive, even caffeine. Spending full days in high school with less than optimal memory functioning is no way to lay the groundwork for a superb life. I admit that I want these same people to grow up and be the next generation of activists, so feel free to call me selfish when I emphasize NORML’s consistent message: THE PLANT IS NOT FOR KIDS WHO LACK MEDICAL NECESSITY.

OTHER DRUG USE?
First, we have to keep other drug use in mind. Unfortunately, the marijuana group in this study got drunk more than 4 times as much in the last six months as the controls. Given what we know about binge drinking and neuropsychological functioning, it’s going to be hard to attribute any differences between these groups to the plant. It’s just as likely that any deficits stem from pounding beers. Studying cannabis users who aren’t so involved with alcohol would help address neuropsychological functioning much better.

HOW MANY TESTS?
In addition, we should always consider the number of measures in any study. Many of these neuropsychological tasks have multiple trials that can be scored multiple ways. The more statistical tests you run, the more likely it is that you’ll find a statistically significant difference by chance. It’s kind of like flipping coins. It’s rare to flip four heads in a row. But if you flip a coin a thousand times, odds are high that somewhere in the list of a thousand results will be four heads in a row. These investigators got 48 different test scores out of the participants. You’d expect at least 2 of them to be significant just by chance. They found differences on 14 different scores, suggesting that something’s going on, but we’re not sure which results are the “real” differences and which ones arose by accident. (That’s why we replicate studies like this.) And, as I mentioned, it might all be because of the booze.

WHY WOULD ANYONE DO ALL THESE TESTS?
We also have to consider incentives for performance. Most researchers bring participants to the lab for a fixed fee and ask them to crank out a bunch of crazy puzzles and memory assessments. It’s unclear why people would feel compelled to strain their brains. The authors of this study were kind enough to mention some relevant work by my friend (and former student) Dr. Rayna Macher. Dr. Macher showed that cannabis users respond best when you make the effort worth their while. She focused on people who used the plant at least four times per week for a year or more. She read one group some standard instructions for a memory test. The other group got the regular instructions plus an additional sentence: “It is important that you try your very best on these tasks, because this research will be used to support legislation on marijuana policy.”

As you’d guess, this simple sentence fired them up. Compared to cannabis users who didn’t hear that sentence, they performed better on 3 out of 10 measures. (You’d expect less than one difference by chance.) And compared to the non-users, the folks who got the incentive sentence did just as well on all the tests. For those who didn’t hear the incentive sentence, users did less well than non-users on 1 of the 10.

I know that prohibitionists are going to try to call this amotivation. (See my rant on that when you get a chance) I call it putting effort where it pays. But given what we know about how these studies can hamper the reform of marijuana laws, users everywhere should do their best on all tests whenever they get the chance.

WE OFTEN DO WHAT EXPERIMENTERS EXPECT OF US
Last but not least, we have to consider the demands communicated by the experimenter. Decades of data now support the idea that people often do what others expect them to do, especially if they believe the expectation, too. Another friend and former student, Dr. Alison Looby De Young, showed that these expectations are critical in studies of neuropsychological performance and cannabis. She gave a neuropsychological battery to men who had used cannabis at least three times per week for the last two years. One group of men read instructions that said that cannabis had no impact on their performance on these tests. Another group read instructions that said that cannabis was going to make them perform poorly. You guessed it, those men who heard they were going to flub the tests performed worse on 2 of the 4 tests. (You’d expect less than one difference by chance). As you might imagine, some laboratories communicate their expectations about cannabis and cognitive function subtly or not so subtly. Some participants are bound to behave accordingly. So what looks like a cognitive deficit is just an artifact of the laboratory environment where experimenters stare daggers at cannabis users.

In the end, I’m glad that researchers do this work, but these effects are too small and fleeting to justify prohibition. We already know that cannabis isn’t for healthy kids. People who get heavily involved with the plant early in life might not perform as well as those who never touch cannabis even if investigators control for other drug use, AND use a sensible number of tests, AND provide appropriate incentives, AND communicate a reasonable expectation.

But how many people should go to jail for that?

If you said, “None,” you’ve done an excellent job on an important cognitive test.

Categories: Cannabis News

Study: Frequent Cannabis Consumers Less Likely To Engage In Problematic Alcohol Use

NORML Blog - Tue, 04/15/2014 - 21:43

Those who report consuming cannabis two or three times per week are less likely to engage in at risk drinking behavior, according to data published online in The American Journal of Addictions.

Investigators from Sweden’s Lund University, Department of Clinical Sciences, analyzed data from a nationwide survey on alcohol and drug use conducted by the National Institute of Public Health. Over 22,000 respondents between the ages of 15 and 64 participated in the survey.

Researchers reported that frequent cannabis consumers (defined as having used cannabis two or three times per week) were less likely to engage in hazardous drinking practices compared to infrequent users (those who reported having consumed cannabis fewer than four times per month).

They concluded: “In the present study, it has been shown that, in the Swedish general population, cannabis use is associated with a higher prevalence of other illicit drug use and hazardous alcohol use. Among cannabis users, frequent cannabis use is associated with a higher prevalence of other illicit drug use and a lower prevalence of hazardous alcohol use when compared to occasional cannabis use. … … The inverse relationship between the frequency of cannabis use and hazardous drinking has not been reported before to our knowledge. … This may indicate that cannabis users and alcohol users are different groups, albeit with a high degree of overlap between groups, with different characteristics and clinical needs.”

A review paper published in February in the journal Alcohol and Alcoholism similarly acknowledged that some cannabis consumers likely substitute the plant for alcohol. It concluded: “While more research and improved study designs are needed to better identify the extent and impact of cannabis substitution on those affected by AUD (alcohol use disorders), cannabis does appear to be a potential substitute for alcohol. Perhaps more importantly, cannabis is both safer and potentially less addictive than benzodiazepines and other pharmaceuticals that have been evaluated as substitutes for alcohol.”

An abstract of the study, “Alcohol and drug use in groups of cannabis users: Results from a survey on drug use in the Swedish general population,” appears here.

Categories: Cannabis News

Maryland: Governor Signs Marijuana Reform Measures Into Law

NORML Blog - Mon, 04/14/2014 - 21:33

Democrat Gov. Martin O’Malley today signed two separate pieces of legislation reforming the state’s marijuana laws.

Senate Bill 364 amends existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders). The new depenalization law takes effect on October 1, 2014.

House Bill 881 seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician. The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.

Maryland is the 18th state to depenalize minor marijuana possession offenses to a non-arrestable offense. It is the 21st state to allow for the doctor-recommended access to medicinal cannabis.

Categories: Cannabis News

More States Move Forward With CBD-Only Measures, But Will They Help Patients?

NORML Blog - Thu, 04/10/2014 - 20:06

Lawmakers in Alabama and Utah recently approved legislation seeking to authorize the physician-supervised use of varieties of cannabis and/or extracts high in the non-psychotropic cannabinoid cannabidiol (CBD). Both measures, which I previously summarized as ‘largely unworkable,‘ have now been signed into law.

In recent days, lawmakers in three additional states — Kentucky, Mississippi, and Wisconsin — have similarly signed off on CBD-explicit legislation. These measures are now awaiting signatures from each states’ respective Governors.

Similar to Alabama’s SB 174 (aka ‘Carley’s Law), which only permits the use of CBD by prescription during the course of an FDA-approved clinical trial, the pending Kentucky and Wisconsin bills may also be classified as ‘research-centric’ measures. Kentucky’s SB 124 permits physicians “practicing at a hospital or associated clinic affiliated with a Kentucky public university” to “dispense” cannabidiol during the course of an FDA-approved clinical trial. Wisconsin’s AB 726 similarly limits those who may legally dispense CBD to only include those physicians who have obtained an FDA-issued investigational drug permit to prescribe it. In Tennessee, lawmakers are also close to finalizing similar language (included in HB 2461 and SB 2531) that seeks to allow university clinical researchers to “manufacture” and “dispense” high-CBD cannabis oil “as part of a clinical research study on the treatment of intractable seizures.” (By contrast, separate, broader medical cannabis measures seeking to authorize the use of the whole plant failed this year in all three states.)

As I’ve previously written here and here, it is unlikely that specific changes in state law will stimulate these type of proposed clinical trials from taking place in these states any time soon. Because CBD is acknowledged by federal regulators to be classified as a schedule I prohibited substance, multiple federal agencies — including the FDA, DEA, NIDA (US National Institute of Drug Abuse), and PHS (Public Health Service) must all sign off on any clinical investigation of the cannabinoid — a process that typically takes several years. A keyword search of FDA-approved clinical trials using the terms “cannabidiol” and “United States” yields fewer than ten ongoing human trials involving CBD — less than half of which are assessing its potential therapeutic application. (Two additional safety trials assessing the use of GW Pharmaceutical’s patented high-CBD formulation Epidiolex in children with severe epilepsy are also ongoing.)

Unlike the above-mentioned measures, Mississippi’s HB 1231, does not seek to encourage state-sponsored clinical trials. Rather, the measure exempts specific high-CBD formulated oils “that contain more than fifteen percent cannabidiol [and] … no more than one-half of one percent of tetrahydrocannabinol” from the state’s definition of a schedule I prohibited substance. However, like Utah’s HB 105 (aka ‘Charlee’s Law), Mississippi’s pending law does not provide guidance as to where patients could legally obtain such extracts. Though such high-CBD products are presently available in a limited number of medical cannabis states (such as in California and Colorado), these extracts are typically only available to in-state residents who possess authorization from a physician licensed to practice in that state. (Although Colorado state law also allows for a recreational cannabis market, which may be legally accessed by out-of-state residents, at present time such high-CBD concentrates are seldom available at retail outlets.)

Additional cannabidiol-specific measures also remain pending in Florida and South Carolina, among other states. NORML will report on these measures as they progress and we will continue to express caution in regards to their practical utility for those patients who require immediate access to whole-plant cannabis and its variety of naturally-occurring compounds.

Categories: Cannabis News

Tennessee: Lawmakers Approve Measures Reclassifying Hemp As An Agricultural Commodity

NORML Blog - Thu, 04/10/2014 - 18:05

State lawmakers have signed off on legislation, Senate Bill 2495/House Bill 2445, to reclassify and regulate industrial hemp.

The legislation now goes to Republican Gov. Bill Haslam for his signature.

The measures reclassify cannabis possessing less than 0.3 percent THC as an industrial crop rather than a controlled substance. The legislation calls on the state Department of Agriculture to develop rules and regulations governing the licensed production of industrial hemp by Tennessee farmers. Regulators have up to 120 days following the bill’s passage to enact these licensing guidelines.

Lawmakers in Indiana and Utah previously enacted legislation earlier this year authorizing state regulators to oversee the cultivation of industrial hemp for commercial and/or research purposes.

According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant. Ten additional states — California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia — have enacted legislation allowing for industrial hemp research and/or reclassifying the plant as an agricultural commodity under state law.

Categories: Cannabis News

Study: Enactment Of Medical Cannabis Laws Not Associated With Higher Crime Rates

NORML Blog - Tue, 04/08/2014 - 21:37

The enactment of medicinal cannabis laws is not associated with any rise in statewide criminal activity and may even be related to reductions in incidences of violent crime, according to data published online in the journal PLoS ONE.

Researchers at the University of Texas at Dallas tracked crime rates across all 50 states between the years between 1990 and 2006, a time period during which 11 states legalized marijuana for medical use. Authors reviewed FBI data to determine whether there existed any association between the passage of medicinal cannabis laws and varying rates of statewide criminal activity, specifically reported crimes of homicide, rape, robbery, assault, burglary, larceny, and auto theft.

Investigators reported that the passage of medical marijuana laws was not associated with an increase in any of the seven crime types assessed, but that liberalized laws were associated with decreases in certain types of violent crime.

“The central finding gleaned from the present study was that MML (medical marijuana legalization) is not predictive of higher crime rates and may be related to reductions in rates of homicide and assault,” authors reported. “Interestingly, robbery and burglary rates were unaffected by medicinal marijuana legislation, which runs counter to the claim that dispensaries and grow houses lead to an increase in victimization due to the opportunity structures linked to the amount of drugs and cash that are present. Although, this is in line with prior research suggesting that medical marijuana dispensaries may actually reduce crime in the immediate vicinity.”

Researchers concluded: “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault. … In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”

Full text of the study, “The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006,” appears online here.

Categories: Cannabis News

Maryland: Lawmakers Eliminate Criminal Penalties For Minor Marijuana Possession Offenses

NORML Blog - Tue, 04/08/2014 - 17:36

Maryland lawmakers have given final approval to legislation to eliminate criminal penalties for minor marijuana possession offenses.

Members of the state House of Delegates on Saturday passed the measure by a vote of 78 to 55. Members of the Senate on Monday approved the bill by a vote of 34 to 8. Democrat Gov. Martin O’Malley acknowledged that he intends to sign the bill into law.

The forthcoming law reduces existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).

The new law will take effect on October 1, 2014.

According to a recent ACLU report, Maryland in 2010 possessed the fourth highest rate of marijuana possession arrests per capita of any state in the country.

Maryland’s pending law is similar to existing decriminalization laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states – Minnesota, Mississippi, Nevada, North Carolina, and Ohio – treat marijuana possession offenses as a fine-only misdemeanor offense.

Three states – Alaska, Colorado, and Washington – impose no criminal or civil penalty for the private possession of small amounts of marijuana.

In March, lawmakers for the District of Columbia also approved legislation reducing penalties for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record). The measure is subject to a 60-day review period by members of Congress before it can become District law.

Maryland lawmakers on Monday also approved separate legislation amending the state’s existing medical marijuana law, which had been largely nonfunctional. The pending law will allow for qualified patients to obtain cannabis for therapeutic purposes from state-licensed producers and distributors.

Categories: Cannabis News

Maine House and Senate to Vote on Putting Marijuana Legalization Before State Voters

NORML Blog - Mon, 04/07/2014 - 20:34

Recently, Gov. LePage introduced a bill, LD 1811, to crack down on heroin and cocaine trafficking. While we disagree with his approach (doubling-down on the War on Drugs) Sen. David Dutremble and Rep. Corey Wilson have crafted a compromise proposal in committee that would address many of the hard-drug addiction issues Maine faces, while putting marijuana legalization on the ballot before Maine voters.

Their proposal would create a three-legged stool that includes enforcement of high-level traffickers, increased funding for addiction treatment, and a referendum to legalize, tax and regulate marijuana put before Maine voters in 2015.

The state Senate and the House of Representatives are expected to vote on this measure very soon. Please call your State Senator and urge them to support the “Dutrumble/Wilson minority report on LD 1811. Let the people decide on marijuana legalization.”

The number for the Senate switchboard is (207) 287-1540. The number for the House switchboard is (207) 287-1400 (they can direct you to your appropriate legislator).

You can also look up your elected officials and their contact information to reach them directly here.

If the governor insists on cracking down on hard drug traffickers lets at least take responsible, adult marijuana consumers off the battlefield.

Categories: Cannabis News

Maryland House of Delegates Approves Marijuana Decriminalization

NORML Blog - Sat, 04/05/2014 - 22:49

Today, the Maryland House of Delegates voted 78 to 55 in favor of Senate Bill 364 which reduces the penalty for possession of 10 grams or less of marijuana from a criminal misdemeanor to a civil offense.

Senate Bill 364 was originally amended by the House Judiciary Committee to simply form a task force to study the issue of marijuana decriminalization. However, this morning, under pressure from the House Black Caucus, the House Judiciary Committee reversed their vote and instead voted 13 to 8 to approve an amended version of SB 364. As amended by committee, the bill would make possession of 10 grams or less a civil offense with the first offense punishable by a $100. The fine for a second offense would be $250, and the fine for a third and subsequent offenses would be $500. The original Senate version set the fine at $100, no matter which offense it was. SB 364 is now expected to go to conference committee to resolve the differences between the version approved by the House and the one approved by the state Senate.

Commenting on today’s vote, NORML Communication Director Erik Altieri stated, “This bill represents a great step forward in reversing the devastating effect current marijuana policies have on communities in Maryland. While the state must now move forward on the legalization and regulation of marijuana, we applaud Maryland legislators in taking action to end the 23,000 marijuana possession arrests occurring in the state every year.”

According to a 2013 ACLU report, Maryland possesses the fourth highest rate of marijuana possession arrests per capita of any state in the country. Maryland arrests over 23,000 individuals for simple marijuana possession every year, at the cost over of 100 million dollars.

NORML will keep you updated on the progress of this legislation.

Categories: Cannabis News

Majority of Law Enforcement Officers Want to Reform Marijuana Laws

NORML Blog - Sat, 04/05/2014 - 17:55

A survey released this week by the publication Law Officer revealed that a majority of law enforcement officers want to see our country’s marijuana laws reformed.

The poll, which questioned over 11,000 law enforcement officers regarding their opinions on drug policy, revealed that just over 64% believed our marijuana laws needed to be relaxed in some form. When asked “Do you believe possession of marijuana for personal use should…” and presented with several options, 35.68% of respondents stated that marijuana be legalized, regulated and taxed, 10.84% chose that it should be be legalized for medical reasons and with a doctor’s prescription only, 14.24% said it should continue to be illegal but only punished via fines (no incarceration), and 3.68% said marijuana should simply be decriminalized. Only 34.7% believed marijuana should continue to be illegal with the criminal penalties that are currently in place.

“This poll reveals that support for marijuana prohibition is eroding even amongst those who are serving on the front lines enforcing it,” stated NORML Communications Director Erik Altieri, “When a majority of the American people and most of those tasked with implementing a law disagree with it in principle, it is time to change that law.”

You can view the full results of this survey here.

“Prohibition cannot be enforced for the simple reason that the majority of the American people do not want it enforced and are resisting its enforcement. That being so, the orderly thing to do under our form of government is to abolish a law that cannot be enforced, a law which the people of the country do not want enforced.” – New York Mayor Fiorello La Guardia on alcohol prohibition.

Categories: Cannabis News

WebMD Poll: Medical Community Backs Legalizing Cannabis

NORML Blog - Fri, 04/04/2014 - 18:26

An estimated 70 percent of physicians acknowledge the therapeutic qualities of cannabis and over half believe that the plant should also be legal for non-medical purposes, according to survey data released this week by WebMD/Medscape.

Sixty-nine percent of respondents say that cannabis can help in the treatment of specific diseases and 67 percent say that the plant should be available as a legal therapeutic option for patients.

Oncologists and hematologists were most likely to express support for the use of cannabis for medical purposes, with 82 percent of those surveyed endorsing the plant’s therapeutic use. Rheumatologists (54 percent) were least likely to say the cannabis provides therapeutic benefits.

Regarding the non-medical use of cannabis, 56 percent of physicians surveyed say that they support making the plant legal nationwide for adults. Recent national polling data indicates similar levels of support for marijuana legalization among the general public.

Over 1,500 physicians representing more than 12 specialty areas participated in the survey which possesses a margin of error of +/- 2.5 percent.

Categories: Cannabis News

Pew Poll: Three-Quarters Of US Adults Say That Marijuana Legalization Is Inevitable

NORML Blog - Thu, 04/03/2014 - 17:54

Seventy-five percent of Americans believe that the sale and use of cannabis will eventually be legal for adults, according to national polling data released this week by the Pew Research Center. Pew pollsters have been surveying public opinion on the marijuana legalization issue since 1973, when only 12 percent of Americans supported regulating the substance.

Fifty-four percent of respondents say that marijuana ought to be legal now, according to the poll. The total is the highest percentage of support ever reported by Pew and marks an increase of 2 percent since 2013. Forty-two percent of respondents said that they opposed legalizing marijuana for non-therapeutic purposes. Only 16 percent of Americans said that the plant should not be legalized for any reason.

Demographically, support for cannabis legalization was highest among those age 18 to 29 (70 percent), African Americans (60 percent), and Democrats (63 percent). Support was weakest among those age 65 and older (32 percent) and Republicans (39 percent).

Seventy-six percent of those surveyed oppose incarceration as a punishment for those found to have possessed personal use quantities of marijuana. Only 22 percent of respondents supported sentencing marijuana possession offenders to jail.

Fifty-four percent of those polled expressed concern that legalizing marijuana might lead to greater levels of underage pot use. (Forty-four percent said that it would not.) Overall, however, respondents did not appear to believe that such an outcome would pose the type of significant detrimental health risks presently associated with alcohol. As in other recent polls, respondents overwhelmingly say that using cannabis is far less harmful to health than is drinking alcohol. Sixty-nine percent of those polled said that alcohol “is more harmful to a person’s health” than is marijuana. Only 15 percent said that cannabis posed greater health risks. Sixty-three percent of respondents separately said that alcohol is “more harmful to society” than cannabis. Only 23 percent said that marijuana was more harmful.

The Pew poll possesses a margin on error of +/- 2.6 percent.

Recent national polls by Gallup and CNN similarly report majority support among Americans for legalizing and regulating the adult use of the plant.

Commenting on the poll, NORML Deputy Director Paul Armentano said: “Advocating for the regulation of cannabis for adults is not a fringe political opinion. It is the majority opinion among the public. Elected officials who continue to push for the status quo — the notion that cannabis ought to be criminalized and that the consumers of cannabis ought to be stigmatized and punished — are holding on to a fringe position that is increasingly out-of-step with the their constituents’ beliefs.”

Categories: Cannabis News

DC Marijuana Decriminalization Bill Signed

NORML Blog - Mon, 03/31/2014 - 21:05

This afternoon, “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013” was signed by the mayor after being approved by the city council in a 10 to 1 vote. This measure amends the punishment for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record).

“DC has the most egregious racially disparate marijuana arrests of any city in the country,” stated NORML Communications Director Erik Altieri, “This measure is a great first step in ending the devastation marijuana arrests have on the city’s communities and will allow law enforcement to better allocate their resources towards more dire crimes.”

NORML commends Councilman Tommy Wells on championing the measure through the city council.

“This is a victory for the District and a victory for justice. This bill is a tremendous stride to end the disproportionate sociological and economic impact of marijuana arrests on African Americans – arrest that pull families apart and keep our residents from jobs, higher education and housing opportunities,” Councilman Tommy Wells said about the bill signing.

Due to federal oversight of the District, this measure will not officially become law until it is received by the US Congress and undergoes a period of review. This review period is likely to extend into late summer, we will update you when it has been finalized. If Congress choses not to act to overturn the measure, it becomes DC law.

Categories: Cannabis News