The DEA is (maybe) starting to move forward on offering better marijuana for research

It’s not a definite time frame, but the federal Drug Enforcement Administration (DEA) finally announced in late August that they are “moving forward to facilitate and expand scientific and medical research for marijuana in the United States.” 

Sounds good. But what does that mean, exactly?

According to a news release from the agency, it means the DEA is officially processing new applications from growers who want to supply cannabis for medical research. The announcement led marijuana researchers to hope that they are “one step closer to expanding their limited supply of the plant,” according to NPR.

However, some are not so sure. After all, the DEA has been taking applications from growers for three years. And the news release contains no timeline for reaching a decision on the applications. Furthermore, it announces the DEA’s intention to create new rules for cultivators that will involve public hearings, so there are still some outstanding questions left to be answered.

In a blog on the press release, NORML Executive Director Erik Altieri wrote that he believes the DEA will continue "foot-dragging” on the issue. “This is not the first time the agency has made such a promise,” he wrote.

Why Is Allowing More Farms To Grow Research Marijuana Important?

Right now, the only place where cannabis can be grown for federally approved research is the University of Mississippi, as the university has had the contract to provide research marijuana for 50 years.

That’s great for the University of Mississippi, but not so great for everyone else. Researchers have criticized the quality of the Mississippi marijuana. One study found that the weed has more genetically in common with hemp than it does with cannabis. People can walk into a dispensary anywhere and get more powerful weed.

The situation is so bad that an Arizona researcher sued the DEA this summer to speed up the application process because the current research marijuana is “sub-par.”

The DEA Has Been Taking Its Time

The DEA announced in 2016 that it would accept applications from new marijuana cultivators. 

Three years later, more than 30 organizations have applied; but the DEA has taken no action.

While the news release indicates that the DEA is moving forward, it also contains information that indicates there might be even longer delays. Before making any decisions on the applications, the DEA “intends to propose new regulations that will govern the marijuana growers program for scientific and medical research,” according to the release. 

While no details are provided, the release stated that the new rules will ensure the DEA can “evaluate the applications under the applicable legal standard and conform the program to relevant laws.” 

The release also notes that they will create a process allowing for public comments on the new regulations, another factor that could add quite a bit of time. The DEA does not provide a time frame for that process, or for when the applications will be approved.

Marijuana delivery service and consumption cafes coming to Massachusetts

Massachusetts regulators voted on Tuesday to allow marijuana home delivery services and onsite consumption cafes to operate in the state. The decision by the Massachusetts Cannabis Control Commission was made with a vote of 4-1 by the commissioners at a meeting on Tuesday morning.

Before home delivery of cannabis can begin and marijuana consumption cafes can open, potential business owners will be required to complete agreements with the host communities where they plan to operate before being licensed by the state, a process that could take months, if not longer.

Cannabis Control Commission Chairman Steven Hoffman said that he believes that the regulations drafted to govern cannabis delivery services and consumption cafes take the interests of various stakeholders into account.

“We feel like we have got a good balance between trying to meet the will of the voters but recognizing that there are concerns from a public health and a public safety standpoint,” said Hoffman.

But Commissioner Jennifer Flanagan, who cast the sole dissenting vote, expressed concerns about public lounges that allow the use of marijuana onsite.

“I think it’s too early for social cafe consumption licenses,” she told reporters.

“I think we need to stand up this industry, making sure the retail and cultivation and microbusinesses all get priority before we start to do home delivery and social consumption,” she added.

Flanagan also expressed concerns for public health, noting that Massachusetts is already dealing with the fallout of the opioid crisis and recently began responding to the ongoing rash of lung illnesses that have been linked to vaping and e-cigarettes.

“We talk about social consumption, we’re looking for places for people to go and consume this product, mostly by smoking or vaping,” Flanagan said. “I have concerns about that.”

Social Equity Applicants to Receive Priority

Under the rules approved by the commission, for the first two years both licenses for marijuana delivery services and cannabis consumption cafes will be reserved for applicants who qualify as social equity and economic empowerment applicants, which include businesses owned by minorities, those convicted of drug offenses, and members of communities disproportionately affected by the War on Drugs.

Applicants will incur a $1,500 application fee and a charge of $10,000 to renew the license annually, although those fees are waived or reduced for social equity and economic empowerment applicants.

The regulations for delivery services include requirements that drivers wear body cameras to record all transactions while making home deliveries of cannabis products, a provision sparking concerns among privacy advocates. To address those concerns, Commissioners Shaleen Title and Britte McBride proposed at Tuesday’s meeting that law enforcement officers who wish to view the recorded footage obtain a search warrant or court order, and the commission unanimously agreed to the proposal.

“No one will be able to go in and fish through that footage,” Title said.

Hoffman said that licenses for delivery services are at least months away and that approving social consumption cafes will take even longer while a necessary change to state law is made.

Massachusetts voters legalized the recreational use of cannabis in November 2016. Legal sales of recreational marijuana began at licensed dispensaries two years later.

Cuomo: 'We are serious about legalizing recreational marijuana in this state.'

Governor Cuomo will travel to Connecticut this week to meet with state leaders and discuss a "regional strategy" on marijuana and e-cigarettes.

In an interview Tuesday, the governor said that it doesn't make sense for nearby states like New York, New Jersey and Connecticut to have different policies on marijuana, because people would just drive to neighboring states to buy it. He also said discussing marijuana leads to a conversation about vaping, because so many marijuana products can be vaped.

The governor discussed e-cigarette smoking saying, "It's an epidemic, it's a public health crisis, and it's a scandal, all wrapped into one." He went on to say that many of the kids who are using e-cigarettes don't know what they're smoking, and that companies are clearly marketing to young people with the flavors they're creating.

Cuomo is set to meet with the Governor of Connecticut and some team members on Wednesday.

Governor of Utah signs revised medical cannabis Law

A new set of medical cannabis laws were just signed into law in Utah. The development is the latest in what has become a protracted battle over medical marijuana in the state.

Most notably, the new medical marijuana laws do away with a prior plan to institute a centralized, state-run distribution system that many advocates said would become hugely problematic. Now, Utah will implement a much broader framework for distributing medical cannabis to patients.

Governor Signs New Laws

The new laws will immediately go into effect, as Governor Gary Herbert has officially signed off on them. The set of marijuana-related amendments signed by the governor are the outcome of a special legislative session held last week.

Changes to the state’s distribution system are among the most significant amendments. In the version of Utah’s medical marijuana program that immediately preceded these amendments, patients would only be able to get medicine through a “central fill” system.

This distribution system essentially required state government employees to distribute medical marijuana. After receiving significant pushback from many in the state, lawmakers revised this provision.

Now that the new amendments have been signed into law, Utah will do away with its state-run dispensing model. In its place, the state will allow for privately-owned and operated medical cannabis dispensaries.

Importantly, the new amendments double the number of cannabis pharmacy licenses the state will give out. Additionally, the new amendments allow for home delivery. Specifically, the home delivery provision is designed to service patients in rural locations.

Replacing a Broken System

Prior to these new amendments, Utah’s central fill system was very controversial. Specifically, it came under fire both for how it was passed into law and for how it would operate.

In 2018, Utah voters approved medical marijuana. But almost immediately, state lawmakers—acting largely at the behest of the Church of Jesus Christ of Latter-Day Saints—held a special legislative session in which they quickly replaced the voter-approved medical marijuana program with a dramatically different program. And central fill was one of the key differences.

At least two medical marijuana advocacy groups filed lawsuits. In general, the suits attacked the state for undermining a voter-approved initiative.

Additionally, the suits also raised problems with central fill itself, arguing that the system would essentially require state employees to break federal law. And this, they said, could severely hamper the effectiveness of the central fill distribution system, thereby making medicine extremely inaccessible.

The critiques leveled against central fill seemed to come true a short time later. In June of this year, attorneys general in at least two counties advised against participating in the central fill system. The attorneys said that if there were ever a federal crackdown, state employees could not be protected by the Utah state government.

Ultimately, lawmakers decided to reverse central fill. And now that a new, dispensary-oriented system has been signed into law authorities hope to be on track to scale up the state’s medical marijuana program. Specifically, lawmakers are aiming to get medical marijuana treatments and products on the market no later than March 2020.