U.S. Gov't Will Legalize Marijuana on August 1
Recreational Marijuana Initiative qualifies for the California's November Ballot. Will it be pre-empted by action of the DEA?
June 28, 2016
The U.S. Drug Enforcement Administration will reclassify marijuana as a "Schedule Two" drug on August 1, 2016, essentially legalizing medicinal cannabis in all 50 states with a doctor's prescription, said a DEA lawyer with knowledge of the matter.
Update 6/28: The Recreational Marijuana Initiative qualifies for the California's November Ballot. Will it be pre-empted by action of the DEA?
The DEA Lawyer had told the lawyer representing a DEA informant of the DEA's plan to legalize medicinal cannibis nationwide on August 1, 2016. When questioned by our reporter, the DEA lawyer felt compelled to admit the truth to him as well.
"Whatever the law may be in California, Arizona or Utah or any other State, because of Federal preemption this will have the effect of making THC products legal with a prescription, in all 50 states," the DEA attorney told the Observer. Federal Preemption is a legal doctrine that where the US Government regulates a particular field, State and local laws are overridden and of no effect.
He explained that "there are five DEA schedules. Nothing on Schedule One is ever legal, and that is where Cannabis is today. Schedule Two drugs are available with a prescription."
On Schedule Two, marijuana will join drugs like Percocet, Aderall, Oxycontin, Hydrocodone and other drugs that are legal, even common, with a prescription. There are also other drugs that are not on any schedules but that are illegal on a federal level, he said. Drugs like aspirin and ibuprofen are available over-the-counter.
He opined that the 135 medicinal cannabis clinic owners in Los Angeles will no doubt oppose this move by the Federal government, because the rule change will eliminate any reason for people to visit medical marijuana clinics. But they needn't worry. "In my opinion, CVS pharmacy, Rite-Aid and Walgreens will sell Schedule Two THC products similar to what users call "edibles," but will not sell smokable weed because of the health risk smoking anything entails," said the DEA lawyer.
The Los Angeles based DEA Attorney who spoke to us, asked to remain anonymous because he was not authorized to speak to the press about the matter. He speculated that this action will be taken in the closing days of the 2016 U.S. Presidential election, so as to motivate the Democratic base to turn out and vote for Hillary Clinton, and other down ballot candidates. She will certainly not reverse this policy decision taken in the waning days of the Barack Obama administration, he said. But Donald Trump might.
"Marijuana enforcement is a big drain on DEA resources," he said was another reason for the change, noting that 75% of the American public favor the legalization of marijuana for medical use.
Libertarian candidate Gary Johnson is in favor of legalizing marijuana and in fact owns a business which peddles pot in New Mexico.
California will vote on November 7th, 2016, whether to legalize the recreational use of marijuana. Because of Federal preemption, the DEA's reclassification of cannabis as a Schedule Two drug, will have the legal effect of requiring a prescription in California--i.e., it will continue the status quo.
Since the Golden State legalized medical marijuana almost 20 years ago, Federal authorities have occasionally raided medical marijuana clinics here. They have forced major banks, like Bank of America, to close clinic bank accounts. The Feds have even seized real estate belonging to landlords who rent space to pot clinics. The Federal war on medicinal marijuana will abruptly end on August 1, 2016.
UPDATE 6/19 9 a.m. PDT: The Denver Post is now reporting that the DEA could reclassify Marijuana as a Schedule II drug, as early as July 1, 2016. https://www.denverpost.com/2016/06/17/how-the-dea-should-classify-marijuana/
UPDATE 6/22: The DEA wants to remove the barriers to cannabis research, a spokesman told aNewDomain in a lengthy interview. http://anewdomain.net/2016/06/21/on-cannabis-rescheduling-questions-the-dea-responds-exclusive/
8/01 is the new 4/20!
Medical cannabis, or medical marijuana, can refer to the use of cannabis and its cannabinoids to treat disease or improve symptoms; However, there is no single agreed upon definition, says Wikipedia. The use of cannabis as a medicine has not been rigorously scientifically tested, often due to production restrictions and other governmental regulations. There is limited evidence suggesting cannabis can be used to reduce nausea and vomiting during chemotherapy, to improve appetite in people with HIV/AIDS, and to treat chronic pain and muscle spasms. Its use for other medical applications, however, is insufficient for conclusions about safety or effects.
In California, there are "weed doctors" who will write a prescription for cannabis to anyone claiming to suffer from anxiety, which means they passout prescriptions for pot like chocolate bars at a Halloween party. As with so many other trends that started in California, expect to see medicinal marijuana sold in your town soon!
Medical cannabis can be administered using a variety of methods, including liquid tinctures, vaporizing or smoking dried buds, eating cannabis edibles, taking capsules, using lozenges, dermal patches or oral/dermal sprays. Synthetic cannabinoids are available as prescription drugs in some countries; examples include: dronabinol and nabilone.
Recreational use of cannabis is illegal in most parts of the world, but the medical use of cannabis is legal in certain countries, including Austria, Australia, Canada, Czech Republic, Finland, Germany, Israel, Italy, the Netherlands (where it is also legal recreationally), Portugal and Spain.
In the United States, federal law outlaws all cannabis use, while 25 states and the District of Columbia no longer prosecute individuals for the possession or sale of medical marijuana, as long as the individuals are in compliance with the state's medical marijuana sale regulations.
The DEA lawyer gave us his legal opinion that if you happen to live where recreational marijuana is now legal, i.e. Colorado or Washington State; after August 1, you will need a prescription, as you would need throughout the U.S.
However, an appeals court ruled in January 2014 that a 2007 Ninth Circuit ruling remains binding in relation to the ongoing illegality, in federal legislative terms, of Californian cannabis dispensaries, reaffirming the impact of the federal Controlled Substances Act.
As explained above, moving marijuana from Schedule One to Schedule Two, would have the effect of legalizing medicinal marijuana, throughout all 50 States, the District of Columbia and U.S. territories. This action may be taken by the DEA unilaterally--i.e., without specific Congressional authorization -- because Congress has previously granted the DEA rule-making authority over what drugs are on which schedules.
The Drug Enforcement Administration (DEA) is a United States federal law enforcement agency under the U.S. Department of Justice, tasked with combating drug smuggling and use within the United States. Not only is the DEA the lead agency for domestic enforcement of the Controlled Substances Act, sharing concurrent jurisdiction with the Federal Bureau of Investigation (FBI) and Immigration and Customs Enforcement (ICE), it also has sole responsibility for coordinating and pursuing U.S. drug investigations abroad.
Update: DEA Source Confirms Story, 7/04/2016. http://www.smobserved.com/story/2016/07/04/news/dea-source-confirms-that-schedule-ii-marijuana-is-in-the-works/1562.html
Sounds like you poor dispensaries in the few states only care about your pockets. Not the rest of the American population that has to suffer in pain due to the classification of marijuana. I can't wait until the day the DEA pulls their heads out of their azz and reschedule it for medical use. Isn't that your biggest biggest statement. ( Marijuana has Medical benefits and helps people?) Yet you sit here and cry about how it's going to throw you to the curb. You disgust me. Your true colors come out and you show ignorance to the medicinal benefits to this true blessing for the millions of Americans that suffer daily in pain. I know I'll have a doctor's prescription. This is a blessing if this happens for millions. Sorry for the hand full of people that will loose complete control , but you have benefited for far to long while the rest of us have suffered. It's time for change.
08/07/2016, 8:49 am
8-1 is the new 420 huh? Nope. Worst tease ever. I think this article needs an apology update. There is still hope though if we all get out and vote this november!
08/02/2016, 1:33 pm
Arkansas will be legalizing in Nov. We have 2 medical and 2 recreational on our 2016 ballot. In Arkansas we lacked 2% to legalize medical. There may be more than 4 if signatures are gathered and vetted by July 8. 4 are for sure. The Arkansas Alcohol Beverage Control Board will be in charge of regulation of dispensaries if medical. In the medical proposals they will provide sliding scale tomake affordable. Some allow home grow of up to 6 to 36 plants. Over 60% voters want legal
06/26/2016, 1:48 am
Go to www.ungass.com and read about the meeting in april this year and you will see why they cant do it. we are chained to the UN, THE President did what he could with out breaking UN law
06/20/2016, 7:13 pm
I filed my rescheduling petition for Cannabis in 2009. Over half a million Americans have suicided since then because there are no effective pharmaceuticals for treating PTSD. Cannabis is the ONLY medication that is effective for treating PTSD and for rapidly alleviating suicidality. Schedule 2 IS NOT acceptable but it will give me a chance to argue for descheduling in the Court of Appeals. http://journals.lww.com/tnpj/Fulltext/2016/01000/Cannabis_for_posttraumatic_stress_disorder__A.6.aspx
06/19/2016, 10:33 pm
Does this mean insurance companies - including ones with medicare or medicaid patients will have access to prescriptions, and having the cost covered by their insurance company at the pharmacy? Like any other drug?
06/19/2016, 3:58 pm
Schedule II will NOT do. Cannabis SHALL be removed from CSA Schedule I, and instead be placed in CSA Subchapter I, Part A, §802. Definitions, paragraph (6), appended to the list distilled spirits, wine, malt beverages, or tobacco. Anything short of that is *ABSOLUTELY* unacceptable.
06/19/2016, 1:23 pm
Continued... So our patient base is totally screwed. If you get cancer in their use to specific strain that has the right cannabinoids in them they won't be able to get them. And smoking is out now? Really how stupid is that. Lung cancer patients will no longer be able to have treatment to their lungs. Well cannabis is not a miracle for everyone it is a miracle for those who need it and use it. I think them putting it as a schedule2 knocks out the entire cannabis industry.
06/19/2016, 11:55 am
This is written like a tabloid.inquiring minds want to know. While we are dutifully cognizant that the DEA got their hands slapped and money financing raids and trials, this sounds preposterous. Simply a move to strike against the current industry. If it is moved to a schedule 2 all mmj clinics will no longer be allowed to operate at all since they are not doctors or pharmaceutical companies. We're then totally left to rot and the states wouldn't be able to protect us. And the patient base
06/19/2016, 11:54 am
Would u still be able to smoke or vaporize it,,and get it at a despensory?
06/19/2016, 11:45 am
I don't know which parts of this story I can take seriously given the incorrect information regarding the safety and efficacy of cannabis as a medicinal treatment. Cannabis is dispensed to patients in hospitals and nursing homes in Israel. The smoke-able flower buds as well as tinctures, oils, suppositories, balms and so forth. Thoroughly researched and Documented. Too bad the writer couldn't take the topic seriously. Cannabis treats a variety of conditions, SAVING LIVES. See Facebook: SuperNova
06/19/2016, 10:21 am
Stop bitching and just enjoy,,,
06/19/2016, 11:17 am
Sorry I can't believe for a second this story is true. It got a little to political at the end. I mean I wouldn't be surprised if cannabis is moved to schedule II, but this story just stinks to me.
06/19/2016, 10:46 am
Stan, the DEA actually stated in a memo to lawmakers a couple of months back that they would be deciding on marijuana scheduling by the end of June. The Denver Post story talking about July 1 isn't stating anything new. But THIS story certainly is! Congratulations! I've been sharing it all over.
06/19/2016, 10:41 am
Good. Now, let's up that they decriminalize it too.
06/19/2016, 9:53 am
This will destroy the existing industry. How about all the peopke that spent their life savings to get licensed and open up a dispensary? How about all the manufacturers of oils and edibles that wont be able to conform to fda regulations? Clinical trials are lengthy and expensive.cvs will be responsible for selecting product for consumers. The black market will explode again.
06/19/2016, 9:31 am
People don't 'pedal' pot. They 'peddle' pot....
06/19/2016, 9:35 am
I love journalists who discredit their own story by showing an utter inability to write straight English... would you trust a car mechanic who cannot handle a screw driver? Same here: so we are pedaling pot in New Mexico now... I pedal bikes, which may be peddled by backyard bike dealers ... What is he / she smoking, I wonder... I believe it when I see it, just about 6 weeks from now ... I won't hold my breath though... (and not inhale either...)
06/19/2016, 9:22 am
The science by the FDA and the DHHS is clear and published by the GPO.gov. Enter search term, naturally derived Dronabinol. Cannabis extracts are reported there on November 1, 2010, as recommended by those two agencies, to be moved from Schedule 1 to Schedule 3.
06/19/2016, 8:44 am
while putting MM as schedule II, the problem is allowing the whole MJ to be legal. What the layman does NOT understand is there are specific parts of the plant that are harmful, and others that do have very solid evidence-based research to support it. THC is mood altering, and harmful to any human < 25yrs old. Many peer reviewed studies linking THC to schizophrenia, reduced motivation, reduced education, etc. Cannabidiol however is incredible. Proven research for its benefits.
06/19/2016, 8:18 am
This is yet another symbol of the incredible amount of stupidity in our government. Any person with logic can see that putting Cannabis on the same level as Oxycontin or Vicodin is straight nonsense. It should be taken off the list completely. These loser politicians have blood on their hands due to their love of money. Throw them all out!
06/19/2016, 8:21 am
Finally! My wife has MS and will finally be able to get some relief in Texas. I think state law will still override the federal classification change, but definitely a step in the right direction.
06/19/2016, 8:10 am
It's about time... We need to remove marijuana from the DEA drug schedule list. Look at alcohol, it has no more currently accepted medical use than marijuana and has a high potential for abuse. We need to stop destroying lives and regulate marijuana like alcohol. If the legalization of marijuana stops one alcohol overdose, what's a life worth?
06/19/2016, 7:04 am
Yes, OF COURSE, they would choose the option that would not only effectively continue prohibition—people aren’t going to stop using it, “recreational” or otherwise—but deny patients access, at least in the short term, if not indefinitely, because a real prescription—vs a recommendation—will require FDA approval, like any Rx med, which will take years to complete the clinical trials, etc; IF any pharma invests millions for a thing they can’t hold a patent on; STOP CORPORATOCRACY
06/18/2016, 10:52 pm
i realize the implications can become severe but a lot of progress has been made. Although, this decision could be looked upon like the Federal government is trying to control us as Americans. IT looks like the VA will be providing my Cannabis as medicine. Just like my Crazy Shot. we Shall See
06/18/2016, 8:36 pm
Where is the science behind this decision? What makes it Schedule 2? This is going to hurt a lot of people. Now it will be in the same class as Oxycontin - with the same penalties. Way to ramp up the drug war, Jackasses!
06/18/2016, 8:32 pm