Dan McKillop, Esq.’s Post

Still confused about what is happening with Scheduling? Read our latest blog "FDA Just Unlocked a Door for Cannabis Policy, Will Congress Push it Open" and then join us for a free webinar next week to get all your questions answered. Americans For Safe Access does not believe that Schedule III is the answer, we have made that abundantly clear. But no matter what happens next, the FDA has confirmed that cannabis has accepted medical use in the United States. This will no doubt have an impact on attitudes about medical cannabis, reducing the stigma, increasing the acceptance of cannabis for medical professionals, employers, state regulators, and hopefully Congress. Now is not the time to “sit back and see what happens”. We must take this opportunity to show Congress what needs to be done. So if you want to see progress being made, don't just complain about it, take action! Join us to learn more. #safeaccess #medicalcannabis #cananbispolicy #cannabisadvocacy https://lnkd.in/eG8fA-sh

Here's a comprehensive summary of the **Marijuana Freedom and Opportunity Act** introduced in June 2018: 1. **Descheduling Cannabis**: The act aims to remove cannabis from the federal list of controlled substances. Currently, marijuana is classified as a **Schedule I drug**, alongside substances like heroin and LSD. Descheduling would allow states to regulate cannabis without federal interference. 2. **Expungement of Prior Convictions**: The act includes provisions for expunging federal convictions related to marijuana offenses. This would provide relief to individuals with prior convictions for non-violent cannabis-related offenses. 3. **Research and Medical Access**: The act encourages research on cannabis by removing barriers and streamlining the process for obtaining research-grade cannabis. It also ensures that veterans have access to medical cannabis through the Department of Veterans Affairs. 4. **Tax Reforms**: The act addresses tax issues faced by cannabis businesses. It seeks to amend Section 280E of the Internal Revenue Code, which currently prevents cannabis companies from taking normal business deductions. The proposed changes would allow these businesses to operate more efficiently. 5. **Social Equity and Small Business Support**: The act promotes social equity by encouraging participation of individuals disproportionately affected by cannabis prohibition. It also provides support for small businesses in the cannabis industry. 6. **State Autonomy**: By descheduling cannabis, the act respects states' rights to regulate cannabis within their borders. States would have the authority to establish their own cannabis policies without federal interference. Overall, the Marijuana Freedom and Opportunity Act represents a significant step toward cannabis legalization, criminal justice reform, and economic growth in the United States. 🌿🇺🇸

🍃 CCIA applauds today’s decision by the Drug Enforcement Administration to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). This historic move marks a significant milestone in drug policy reform and underscores an important step towards a more evidence-based approach to cannabis regulation. For more than five decades, cannabis has been unjustly categorized alongside the nation’s most dangerous substances, hindering research opportunities and impeding access to potential therapeutic benefits. This decision not only aligns with the growing body of evidence supporting the medicinal applications of cannabis but also addresses longstanding disparities in drug policy enforcement. Furthermore, rescheduling cannabis carries significant implications for state-legal cannabis businesses, enabling them to access federal tax deductions and fostering a more equitable regulatory environment. It also underscores the need for comprehensive federal reform to address the conflict between state and federal cannabis laws, providing clarity and coherence in the legal landscape. CCIA appreciates the DEA's commitment to evidence-based policymaking and its responsiveness to recommendations from the Department of Health and Human Services. We urge the White House Office of Management and Budget to swiftly review the proposed rule, followed by a public comment process. While rescheduling cannabis represents a critical step forward, it is essential to recognize that it does not equate to legalization at the federal level. CCIA remains committed to advocating for comprehensive cannabis reform, including the removal of barriers to research, expungement of non-violent cannabis convictions, and ensuring equitable access to cannabis-related opportunities. We commend the efforts of all stakeholders involved in advancing sensible drug policies and look forward to continued collaboration towards a more just and compassionate approach to cannabis regulation. #cannabis #drugpolicyreform

A lot of people think activists against moving cannabis to a schedule 3 are stupid, but I think they don’t understand how cannabis was legalized in the first place, or how this could effect state laws. I agree with them that state rec programs won’t be shut down like some activists are saying (because most adult use laws were also passed by initiatives), but medical programs are absolutely at risk. Below are my reasons to believe this. 1) The vast majority of cannabis laws at the state level were passed by citizen initiatives, meaning it didn’t have the support in the legislature, activists collected the signatures necessary to get it on the ballot and won the vote. 2) The state legislatures were then forced to allow access to cannabis at that point and so they had no choice but to pass regulations allowing cannabis providers, and this was the beginning of small businesses all over the country. 3) By having federally legal medical cannabis, the state legislatures can now pass a law to require all medical cannabis be from an FDA approved provider and they would not be violating the citizen initiatives that passed in their state (they would not be preventing access now that medical would be legal federally). 4) Lobbyists from the Pharmaceutical Industry can now lobby state legislatures to do just that, and it would be the death knell of medical cannabis programs. 5) The lobbyists have plenty of evidence to show state legislators that testing fraud is rampant and the state programs are not protecting the consumers.

This afternoon, twelve Attorneys General sent a letter encouraging the U.S. Drug Enforcement Agency (DEA) to reschedule cannabis to Schedule III under the federal Controlled Substances Act in the interest of public health and safety.  2024 is already shaping up to be interesting... In the letter to DEA Administrator Anne Milgram, the coalition explains that rescheduling cannabis from Schedule I to Schedule III is supported by the scientific and medical conclusions of the Food and Drug Administration. It will allow the state-regulated cannabis industry to continue to set standards for legal products that protect consumers and work to eliminate the illegal cannabis market and unregulated intoxicating hemp products. Rescheduling will also promote research to determine the physical and mental impacts of cannabis use, particularly among youth, and will allow legitimate cannabis businesses to take tax deductions to expand their investments and focus on public health and safety in collaboration with law enforcement.  The regulated cannabis marketplace currently brings billions of dollars of revenue into state and federal governments. It is predicted that by 2027, retail cannabis sales will exceed $53 billion nationally. According to the Maryland Cannabis Administration, the cannabis industry in Maryland generated nearly $800 million in medical and adult use sales in 2023 alone. The State has collected more than $12 million in adult use cannabis tax revenue in the first three months of taxable adult use sales.   In signing the letter, Attorney General Brown joins the Attorneys General of California, Colorado, Connecticut, Delaware, Illinois, Massachusetts, Nevada, New Jersey, Pennsylvania, Oregon, and Rhode Island.  https://lnkd.in/eutm8kBT

Many people are extremely skeptical and pessimisitic of cannabis being Schedule III, but here are the reasons why you should be optimistic about it instead ⬇ Regardless of many unanswered questions, the recommendation by the HHS to reschedule cannabis from schedule I to III is *the* biggest movement in federal drug policy since Richard Nixon declared the War on Drugs in 1971 and cannabis was added to schedule I in 1970. This alone is a massive announcement with implications for business, research, medical use, criminal justice reform, and so much more. So what happens if the DEA implements the suggestion? 280E is gone for cannabis touching companies as it only applies to schedule I & II drugs. Perhaps the largest financial impact of this rescheduling and NOT just for the MSOs. This literally applies to legacy participants who could now claim biz expenses for their dealings when filing taxes. I was talking to a medium sized SSO yesterday who does roughly $36m/yr in sales and they said this will save them 29% on federal taxes. That's big $$ back to their business. More money for re-investment, more money for employee (benefits, pay), more money for bills (vendors). Capital in-flows - Banking opens up more. Uplisting is possible (NASDAQ), federal and state grants & loans become available to cannabis businesses, SBA LOANS!!! The list goes on. The FDA, DOJ, and many other federal agencies have a consistent record of a hands off approach when it comes to cannabis enforcement since state licensed programs began ~2 decades ago. The likelihood that this changes is incredibly thin without major lobbying from something like the pharmaceutical industry to gain control of the cannabis industry (which is entirely possible, knock on wood). State med & rec programs will not be dismantled overnight. RESEARCH becomes more more accessible at schedule III. Again, federal grants, more education, more awareness, all good things. Medically, many doctors will not prescribe certain medicine to people if they admit their cannabis use as it is schedule I and deemed highly dangerous / addictive. People like my own mother who use cannabis for mental health reasons are constantly fighting our medical system to get access to proper healthcare and medicine. Schedule III hopefully changes that conversation and allows for more open and honest conversations while providing more comprehensive care. CRIMINALLY, this opens up the doors for criminal justice reform, just a tad. This is the main area I'd say would benefit far more from a complete de-scheduling, but incremental wins are still wins. The fear of felony prosecution for violating 280E is gone, the penalties and even chances of being charged for cannabis possession go way down. Trust me, my own parents have received harsher sentences for cannabis possession than for lower schedule drugs like oxycontin. This is progress.

HAPPY ANNIVERSARY! 5/6/2021 and the citizens of the state of Alabama still do not have access to "legal medical Cannabis"! #LetTheBlackMarketReign For twelve years, I personally have advocated in the state of Alabama for the citizens of Alabama to have access to Cannabis. Three years ago, today, May 6, 2021, YOUR Alabama Legislature finally passed SB46, the “Darren Wesley ‘Ato” Hall compassion Act”, allowing the citizens of Alabama “legal” access to “medical” Cannabis in the state of Alabama. On May 17, 2021, Governor Kay Ivey signed that legislation into law. Today, May 6, 2024, we are at an impasse. The saddest part, the sick, suffering and dying citizens are no closer to gaining access to “legal medical” Cannabis than they were on May 5, 2021. How many of our citizens have died because they did not have “legal” access? Your Alabama Legislature knew last summer that there were huge problems with the implementation of this legislation, the implementation was written into the legislation, which would have made implementation very simple, but the state of Alabama created a “legal” medical cannabis monopoly when they wrote and passed SB46 and now applicants that wish to participate have had to file lawsuits against the Alabama Medical Cannabis commission. (Please do not blame the applicants, this isn’t their fault.) You would think since the Alabama Legislature knew in the summer of 2023 that there were serious issues with moving forward that when the 2024 Legislative Session rolled around on February 6, 2024, that “medical” Cannabis would have been first and foremost in their minds and immediately sponsored legislation to correct the quagmire. Far from it, it was not until April 2, 2024, that the first two pieces of legislation were sponsored in the Alabama Senate, SB 276 and HB390. On April 9, 2024, SB306 was introduced by State Senator Tim Melson who was the original sponsor of SB46 in 2021. What is the hold up? HB390 Introduced by House Rep. Danny Crawford on April 2, 2024 https://lnkd.in/gmzJtuJW SB276 Introduced by State Senator David Session on April 2, 2024 https://lnkd.in/gKX5pkPH SB306 Introduced by State Senator Tim Melson on April 9, 2024 https://lnkd.in/gxPDMtAk Today, we have three “working days’ remaining in the 2024 Legislative Session, THREE, count them, three days to resolve this issue that has been going on for three years. Unless someone is going to pull a rabbit out of their derrière, we may have to wait until the 2025 Legislative Session for this to be resolved. This cannot be happening! H Marty Schelper Founder/President of the Alabama Cannabis Coalition Founder/President of the Alabama Republicans Against Marijuana Prohibition (Back in 2021, I was outside the Alabama House speaking with a dying patient that desperately needed access to medical Cannabis. It is a crying shame what is happening in Alabama!)

Big news in federal cannabis: "Newly released documents show that the US Food and Drug Administration (FDA) has determined that cannabis has a legitimate medical use and that it should be moved from Schedule I to Schedule III on the controlled substances list." Schedule change - what does this mean? Schedule I is for substances with no accepted medical use and a high potential for abuse. Schedule III, on the other hand, includes drugs with a lower potential for abuse and recognized medical benefits. This isn't a decision made lightly. The FDA based its recommendation on extensive data, including insights from over 30,000 healthcare providers and six million patients involved in state medical marijuana programs. They've looked at the use of cannabis for various conditions like anorexia, anxiety, epilepsy, and pain. The verdict? Cannabis poses a lower risk to public health compared to other more dangerous substances like heroin or cocaine. An interesting aspect of the FDA's assessment involved comparing cannabis with alcohol, which isn't a controlled substance. This comparison helps contextualize cannabis's risks and benefits in a familiar frame of reference. The next steps involve the Drug Enforcement Administration (DEA), which will decide on implementing this recommendation. Although there's no fixed timeline for action, the current political climate and President Biden's directive for a swift review suggest potential progress in the near future. https://lnkd.in/eFf4RDRT #cannabisnews

The news of HHS's recommendation to move Cannabis to a Schedule III status created a flurry of media coverage and press statements from various cannabis stakeholders and elected officials about the impact of such an action. Much of the focus was on the impact this would have on the current state-level cannabis businesses and often confused what would be possible under Schedule III with what will actually happen when the scheduling process at the DOJ is complete. For medical cannabis advocates, rescheduling means that the struggle for access to medical cannabis has moved to the federal level. A change in schedule pushes the issue before federal agencies beyond determining IF cannabis has accepted medical properties to HOW we can integrate cannabis into the healthcare infrastructure. The good news is Americans For Safe Access has been preparing for this moment for over 20 years. Read our latest blog to learn more.  https://lnkd.in/eQMg7JEJ #medicalcannabis #medicalmarijuana #scheduleIII #patientadvocacy #cannabispolicy