Oregon Unveils Rules For New Psilocybin Therapy Program

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Regulators in Oregon have released the first round of rules governing the state’s new voter-approved psilocybin therapy program.

The rules, released last week by the Oregon Health Authority, detail various manufacturing requirements and safety procedures, as well as the permissible types of psilocybin products.

According to The Oregonian, those are “just the first set of rules for a program set to go into effect in January 2023,” while “rest of the rules will be considered in the fall and adopted by Dec. 31.”

Oregon Psilocybin Services, a division within the Oregon Health Authority Public Health Division’s Center for Health Protection charged with implementing the new law, provide some context on the new rules in a letter to the public last week.

The agency said that it “received approximately 200 written and verbal comments during the public comment period that took place April 1-22, 2022 and relied on these comments to further refine the final rules.”

“In some cases, public comments were incorporated in the adopted rules and in others they were not. OPS weighed competing priorities and viewpoints that were received throughout the rulemaking process when making revisions, while considering equity, public health and safety,” the letter said. “In addition, OPS considered the statutory authority of the Oregon Psilocybin Services Act and the scope of current rulemaking. OPS received numerous comments that may be relevant to future rulemakings but were not related to the content of the proposed rules in this subset of rules. It is important to note that this letter does not address every change to the draft rules. Instead, it responds to the most frequent themes observed from the public comment period.”

Chief among the newly unveiled rules was the decision to allow manufacturers to cultivate one type of mushroom: Psilocybe Cubensis.

“OPS received comments requesting that the rules allow additional species of mushrooms and use of additional substrates. The Oregon Psilocybin Advisory Board recommended limiting cultivation to Psilocybe Cubensis and prohibiting substrates that may pose a risk to health and safety. To avoid the risk associated with deadly, poisonous look-alikes and the potential for wood lover’s paralysis and animal-borne pathogens, OPS has upheld this recommendation in final rules. That said, although raw manure is prohibited, finished compost is allowed. OPS looks forward to consideration of additional species in the future through continued dialog with the public and recommendations from the Oregon Psilocybin Advisory Board,” the letter said.

In 2020, voters in Oregon passed Ballot Measure 110, which legalized the therapeutic use of psilocybin and decriminalized all drugs.

The successful passage of the proposal was widely hailed as a major breakthrough for the drug reform movement.

“Today’s victory is a landmark declaration that the time has come to stop criminalizing people for drug use,” said Kassandra Frederique of the Drug Policy Alliance, one of the groups that pushed for Ballot Measure 110. “Measure 110 is arguably the biggest blow to the war on drugs to date. It shifts the focus where it belongs—on people and public health—and removes one of the most common justifications for law enforcement to harass, arrest, prosecute, incarcerate, and deport people. As we saw with the domino effect of marijuana legalization, we expect this victory to inspire other states to enact their own drug decriminalization policies that prioritize health over punishment.”

“While drug decriminalization cannot fully repair our broken and oppressive criminal legal system or the harms of an unregulated drug market, shifting from absolute prohibition to drug decriminalization is a monumental step forward in this fight,” Frederique continued. “It clears the path toward treating drug use as a health issue, restores individual liberty, removes one of the biggest underpinnings for police abuse, and substantially reduces government waste.”

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Japanese Ministry of Health to Discuss Medical Cannabis Legalization

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A Japanese Ministry of Health, Labour and Welfare panel met on May 25 to begin discussions regarding lifting the ban on medical cannabis to benefit patients who suffer from refractory epilepsy.

As reported by The Asahi Shimbun, the ministry may revise the current law sometime this summer. Japanese law currently prohibits any possession or cultivation of any part of cannabis, including “the spikes, leaves, roots and ungrown stalk of the cannabis plant.”

The Asahi Shimbun references that of the “Group of Seven,” or the seven countries with the most advanced economies, which includes Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. Of these, Japan currently has one of the strictest approaches to cannabis regulation and prohibition. In August 2021, the Japanese ministry wrote a report that recommended that the government should consider following the example of other countries to allow patients to use medical cannabis.

While the ministry is discussing the addition of a provision to the Cannabis Control Law that would exclude medical cannabis consumption from becoming grounds for punishment, the agency also seeks to further criminalize recreational use.

Although cannabis is illegal, there are some Japanese cannabis cultivators who are licensed to produce hemp to create shimenawa, a specific rope that is commonly used at shrines. There are no punishments for these cultivators, for fear that the production of the ropes may include “unintentionally inhaling substances of marijuana.” However, this assumption was disproven when no farmers’s urine tests came back positive for cannabis in a survey conducted in 2019.

The Asahi Shimbun writes that some experts believe the law should provide treatment options for “those addicted to marijuana to prevent repeat offenses,” which mainly includes Japanese youth.

In December 2021, Japanese gaming company Capcom allowed the use of its Ace Attorney character to curb cannabis consumption in the nation’s youth, in conjunction with the Osaka Prefectural Police (OPP). Previously, Capcom has assisted the OPP with other crime prevention campaigns. “Capcom hopes to support crime prevention activities in Osaka and all of Japan through this program, which will see the production of 6,000 original posters, as well as 4,000 original flyers that will be included with individually wrapped face masks,” the company said in a press release.

Japan has long prohibited cannabis under the Cannabis Control Law that originally went into effect in 1948. Historically, cannabis had its place in Japanese culture and religion, but from the 1950s onward, Japanese law on cannabis mirrored that of the United State’s approach to prohibition. The Japanese hemp industry was still permitted to operate, but due to expensive cultivation licenses and a decline in demand for hemp goods, few farms remain.

While the government perspective is beginning to shift, it is still clear that Japan needs more progress before it can fully embrace cannabis legalization. In 1980, former Beatles band member Paul McCartney visited Japan with less than eight ounces in his possession, which netted him an 11-year ban from returning. In February 2022, a U.S. Marine received two years of hard labor for mail-ordering “a half-gallon of weed-infused liquid and the quarter-pound of cannabis” from an unnamed individual in Nevada. On May 17, a school nurse was imprisoned for allegedly possessing “an unspecified amount of dried cannabis in two jars and a plastic bag.”

Even when Canada legalized cannabis in 2018, the Japanese government made a statement reminding Japanese nationals living broad that cannabis is illegal to consume even if they live in a country where it’s legal.

According to Kyodo News, the National Police Agency release data that there were 5,482 people who were caught in violation of Japan’s cannabis law (4,537 for possession, 273 for illegal sales, and 230 for illegal cultivation).

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Local Texas Advocacy Group Collects Signatures for Decriminalization Initiative

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Ground Game Texas held a press event on May 25, announcing that the group has collected enough signatures to qualify for the November 2022 ballot. Only 1,000 valid signatures were necessary, but the group collected over 2,400 signatures for submission.

Ground Game Texas was founded in 2021 and seeks to organize and educate Texas communities to fight for issues such as increased minimum wages, Medicaid expansion plans, and cannabis legalization, to name a few. A part of their mission is to consistently inform voters of these issues year-round, and to avoid taking “off-years.”

Executive Director and Co-founder of Ground Game Texas, Julie Oliver, released a statement about the initiative, which is called the Killeen Freedom Act of 2022. “In a quickly growing and thriving community like Killeen, there’s no excuse for the continued over-policing and incarceration of community members for marijuana use,” Oliver said. “On the heels of voters approving our similar initiative in Austin last week, we’re proud to give Killeen voters the same opportunity to end enforcement of marijuana offenses–which disproportionally hurts diverse communities like Killeen.” If passed, this particular initiative would decriminalize cannabis in Killeen, a central Texas town located north of Austin, which no longer allows police to issue class A or class B misdemeanors for cannabis possession.

On May 9, the organization shared that voters in Austin passed Proposition A (also called the Austin Freedom Act) with 85.80% “yes” vote, which decriminalizes cannabis and also prohibits no-knock warrants. “I want to stress that this *would not have happened* if volunteers working in an ‘off year’ hadn’t grabbed clipboards and hit the pavement to gather the 20,000 signatures it took to put this up for a vote,” Oliver stated about the organization’s constant advocacy, according to the Austin Chronicle.

Ground Game Texas is also targeting other local cities of Harker Heights, San Marcos, and Denton for cannabis decriminalization measures as well, with a total of 10 ballot campaigns that the organization is working on.

A new Texas poll, as reported by The Dallas Morning News in May, states that 83% of Texans want to legalize medical cannabis and 60% want to legalize adult-use consumption. Texas Gov. Greg Abbott has previously announced his support of reducing penalties for possession, but not legalization. “Marijuana is now a Class C misdemeanor in the state of Texas and so one thing that that I believe in—and I believe the state legislature believes in—and that is prison and jail is a place for dangerous criminals who may harm others, and small possession of marijuana is not the type of violation that we want to stockpile jails with,” Abbott said in January.

Last June, Abbott signed House Bill 1535 to expand the state’s medical cannabis program, which went into effect in September 2021. Now, patients who suffer from post-traumatic stress disorder or all types of cancer can seek relief through the Texas Compassionate Use Program. The program already included qualifying conditions such as intractable epilepsy, Parkinson’s disease, multiple sclerosis, ALS, terminal cancer, autism, and seizure disorders.

However, medical cannabis advocates shared their disappointment in the state’s limitations. Heather Fazio, director of Texans for Responsible Marijuana Policy, expressed the need for more support. “While we are glad to see the Compassionate Use Program being expanded, it’s disappointing to see Texas inching forward while other states, like Alabama, for example, are moving forward with real medical cannabis programs,” said Fazio. “It’s doing so little, and we wish [lawmakers] were doing more.”

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Missouri Veterans Commission Receives $5 Million From Medical Cannabis Program

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The Missouri Department of Health & Senior Services announced on May 18 that it would be transferring $5 million to the Missouri Veterans Commission (MVC). According to a press release, this is the third transfer of funds to the organization, which now totals up to $13,978,820.

Director of Medical Marijuana, Lyndall Fraker, issued a statement about the progress being made for medical patients. “Today, patients are being served by more than 180 dispensary facilities in Missouri—a 20% increase from last fall,” Fraker said. “We are happy to see the veterans served by MVC continue to benefit from these contributions.”

Paul Kirchhoff, Missouri Veterans Commission Executive Director, also praised the continued support. “MVC will use these new funds for increasing support for Missouri veterans and veteran operations across seven facilities statewide,” Kirchhoff said.

Missouri residents voted in favor of adopting Constitutional Amendment 2 in November 2018 (also referred to as Article XIV). “The amendment includes a provision requiring that fees and taxes generated by the medical marijuana program, less operational expenses, be transferred to the MVC for health and care services for military veterans,” a press release describes. “Article XIV states that medical marijuana sold in licensed dispensaries will be taxed at a rate of 4%.”

Sales began in October 2020, and since then more than $335 million has been collected in sales revenue. The Riverfront Times reports that April was an especially lucrative month for medical cannabis sales, with a total of $36.76 million collected throughout the month, and $2.85 million collected on April 20.

The MVC has received nearly $14 million as a result of the medical cannabis program. The first was a sum of $2.1 million in Fall 2020, followed by $6.8 million in 2021. Another transfer is planned to go through again sometime this fall.

The state has approved 188 licensed dispensaries, 48 cultivation facilities, and 69 product manufacturers to serve the state’s 185,000 patients. “Under Article IX of the state Constitution, Missouri residents with cancer, epilepsy, glaucoma and 20 other qualifying conditions can purchase or cultivate medical cannabis with a physician’s certification,” Missouri Medical Cannabis Trade Association wrote in a September 2021 release. “The law also provides physicians with the discretion to certify patients who have other chronic and debilitating medical conditions that could benefit from medical marijuana, and legally protects their right to have such conversations.”

While medical cannabis thrives, supporters of an adult-use initiative have also been working on a legalization effort. As of May 9, the Legal Missouri 2022 campaign group delivered twice as many signatures as were necessary to get the topic on the November 2022 ballot.

John Payne, Legal Missouri 2022 campaign manager, shared details about the milestone.“As we submit more than 385,000 petition signatures to the state today, the message from voters is clear: it’s past time to end the senseless and costly prohibition of marijuana,” Payne said. “This widespread and enthusiastic show of support from the people of Missouri exceeds our expectations. We look forward to the timely review and certification of our petition by the Secretary of State’s Office as we continue to educate and inform voters in the coming weeks and months.”

If it becomes law, the initiative would make it legal for adults over 21 to possess, consume, purchase and cultivate cannabis. It would also help expunge the records of those who hold cannabis convictions on their records.

As of May 10, Missouri legislators also approved a measure to open up records in relation to medical cannabis. Sponsored by Rep. Peter Merideth, the bill’s intent is to allow legislators access to specific information so they can investigate if the state has used its power properly when approving/denying cannabis licenses, if there’s a need to increase license availability, and more—all of which is information that the constitutional amendment currently bars legislators from currently accessing.

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Louisiana Bill to Allow State Employees to Use Medical Cannabis Receives Unanimous Vote

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House Bill 988 was passed through the Louisiana House Committee on Labor and Industrial Relations on May 19. If the bill becomes law, it would create protections for state employees who seek to use medical cannabis. While it would prevent employees from being fired, and prevent discrimination against those who seek to apply, it does not apply to public safety employees such as firefighters or law enforcement.

The bill’s sponsor, Rep. Mandie Landry, strongly believes that her bill is a healthier choice for Louisianians. “There are a lot of people who don’t want to take opioids for their long-term PTSD and pain management because of the high possibility of addiction to opioids,” Landry said, according to the Louisiana Illuminator. “This has proved to be a better option than them.”

The Louisiana Board of Pharmacy estimated that there are 43,000 medical cannabis consumers in the state, and currently only nine pharmacies to serve them.

At the committee meeting, Louisiana Department of Administration Communications Director Jacques Berry noted that his own department already has regulations in place to prevent discrimination for medical cannabis consumption. In support, he shared his thoughts on unifying regulations across the board with an example about a workplace harassment bill that is operating similarly. “Every agency had a sexual harassment policy, but they were all over the place, and Dr. [and Rep. Barbara] Carpenter wanted stricter, more consistent standards,” Berry said. “She wrote a very good law, and it is working very well.”

Similarly, Rep. Ed Larvadain spoke about looking ahead. “We’re going to have to change how we deal with medical marijuana. But this is a first step.” He also requested that he be invited to work with Landry about finding a solution that would protect firefighters and law enforcement officers as well. “A lot of those men and women have chronic pains because over the years they’ve had to climb through windows and police officers have been abused,” Larvadain said.

Many advocates who spoke publicly in support of the bill at the meeting. Tony Landry, a council member of the Veterans Action Council, commented that neither law enforcement or firefighters are allowed to consume CBD, since “it can accumulate in your body over time and cause a positive test. I’m in favor of this bill, and I just think we need to leave no employee behind.”

Last summer, Louisiana decriminalized cannabis with Act 247, which imposed a fine of $100 (or a court summons) for possession of 14 grams or less. At the time, Peter Robins-Brown, policy & advocacy director at Louisiana Progress provided a statement about the news. “Marijuana decriminalization will truly make a difference in the lives of the people of our state,” Robins-Brown said. “It’s an important first step in modernizing marijuana policy in Louisiana, and it’s another milestone in the ongoing effort to address our incarceration crisis, which has trapped so many people in a cycle of poverty and prison. Now it’s time to make sure that everyone knows their rights under this new law, and that law enforcement officers understand how to properly implement it.”

However, earlier this year House Bill 700 was introduced to imprison minors who possessed small amounts of cannabis. On March 23, the Louisiana Progress Tweeted a response to the bill’s approach in keeping minors away from cannabis. “In #lalege Admin. of Crim. Justice, the cmte is hearing HB700 by @LarryBagleyLA, which would actually criminalize juveniles for possessing less than 14 grams of marijuana more harshly than adults, incl. potential jail time. Very very very very very very very bad idea. #lagov”. Currently, it is still waiting for discussion in the House.



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Cannabis Drug Testing Partial Cause for U.S. Truck Driver Shortage

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The American Trucking Association released a statement in October 2021, citing retiring driving veterans and lower wages as the partial cause for the shortage of more than 80,000 drivers. However, another cause for this shortage is being attributed to adult-use legalization and drivers testing positive for cannabis.

A March 2022 U.S. Department of Transportation summary report states that as of April 1, 2022, 10,276 commercial truck drivers tested positive for THC. (Although this is a significant decrease in numbers, compared to 31,085 violations in 2021 and 29,511 violations in 2020.) Cannabis leads the data as the highest positive drug tests for drivers, but this also includes data about drivers who test positive for cocaine, methamphetamine, oxymorphone and more.

The situation is especially difficult for drivers who consume because many of them travel through multiple states with varying approaches to legalization.

According to an article on Stacker, the Department of Transportation (DOT) Handbook: A Compliance for Guide Truck Drivers confirms that cannabis is still federally illegal. “While states may allow medical use of marijuana, federal laws and policy do not recognize any legitimate medical use of marijuana. Even if a state allows the use of marijuana, DOT regulations treat its use as the same as the use of any other illicit drug.”

The DOT’s Federal Motor Carrier Safety Administration (FMCSA) increased drug testing rates from 25% to 50% two years ago. “The new minimum annual percentage rate for random drug testing will be effective January 1, 2020. This change reflects the increased positive test rate and will result in an estimated $50 to $70 million increase in costs to the industry by requiring that more drivers be tested.” However, it also notes that random alcohol testing remained at 10%.

The FMCSA also states that medical cannabis is also not allowed with any noted exceptions. “Under the Federal Motor Carrier Safety Regulations (FMCSRs), a person is not physically qualified to drive a CMV if he or she uses any Schedule I controlled substance such as marijuana,” it states. “Accordingly, a driver may not use marijuana even if is recommended by a licensed medical practitioner.”

The Centers for Disease Control and Prevention defines five risk factors of being a truck long-haul truck driver, including obesity, smoking, low physical activity, high blood pressure and diabetes. Some of these common workplace conditions have been known to be treated with medical cannabis. In one study from December 2015, medical cannabis helped prevent obesity in mice. Some studies identified how cannabis can actually help treat nicotine addiction. Even a study from this past February showed evidence of how cannabis can help lower blood pressure in those who suffer from hypertension.

An April White House Fact Sheet states that trucking accounts for 72% of products delivered in the U.S., with a plan to assist and help expand trucking job opportunities. “Trucking costs grew more than 20 percent last year as a surge in demand for goods caused by the pandemic confronted a decline in trucking employment that preceded the pandemic,” the Fact Sheet states. “The low supply of drivers is driven by high turnover and low job quality. Turnover in trucking routinely averages 90 percent for some carriers and drivers spend about 40 percent of their workday waiting to load and unload goods—hours that are typically unpaid.”

While the White House’s focus on bettering the work lives of truckers across the country is a step in the right direction, there is a need to alter regulations to allow truckers to use cannabis. One of the efforts includes connecting veterans with trucking jobs, however, with the current state of military veterans seeking access to medical cannabis to treat conditions such as post-traumatic stress disorder, it would create another hurdle for them to overcome.

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