Tag: marijuana

  • U.S. FDA Envisions Harm Reduction Approach to CBD

    U.S. FDA Envisions Harm Reduction Approach to CBD

    Credit: Sofia

    The U.S. Food and Drug Administration envisions a harm reduction framework for CBD (cannabidiol, an active ingredient in cannabis that doesn’t make you high) through which consumers could make informed choices.

    That’s the pathway described last week by Patrick Cournoyer, who heads the FDA’s Cannabis Product Committee, at the annual Food and Drug Law Institute (FDLI) conference.

    In January, the FDA announced that it would not issue long-awaited guidelines for the inclusion of CBD in food and beverages, because the agency’s existing regulatory framework was not appropriate.

    The FDA’s decision came nearly five years after the federal government legalized hemp-derived CBD containing less than 0.3 percent of the psychoactive compound Delta-9 THC via the 2018 Farm Act.

    Concerns over the ingestion of CBD derive from the 2018 approval of the prescription drug Epidiolex, which contains CBD for the treatment of seizures associated with two forms of epilepsy.

    Studies at the time showed a significant potential risk of liver disorder and other side effects from ingesting CBD.

    Cournoyer shed more light on the FDA’s January decision by calling safety concerns regarding CBD in food and beverages “important toxicological red flags that are not typical for food ingredients,” as reported by Cannabis Wire.

    “What’s envisioned here is really a harm reduction framework. The existing pathways that we have for foods and supplements don’t really allow for risk or harm. If it’s shown to be harmful or we can’t really show that it won’t be harmful, then it’s not allowed to be there,” Cournoyer said.

    “What we’re proposing here is a more permissive category where it is acknowledged that there’s a risk here. We can’t eliminate it, but we would view that people can make an informed choice.”

    He did not provide a timeline for the development of a harm reduction framework the FDA could develop in collaboration with the U.S. Congress.

    Congressional lawmakers in the U.S. have refiled a pair of bills meant to provide a pathway for the regulation of hemp derivatives like CBD as dietary supplements and food and beverage additives.

    Earlier versions of the bills were filed last Congress and ultimately did not advance, but advocates and industry stakeholders feel that the U.S. Food and Drug Administration’s recent announcement that it wouldn’t be taking steps to regulate CBD will put pressure on lawmakers to act this time around.

  • Study: Legal Marijuana States See Lower Tobacco Use

    Study: Legal Marijuana States See Lower Tobacco Use

    Credit: J Doms

    While some public health experts have expressed concerns that the legalization of marijuana could fuel a rise in the use of tobacco products, a new study instead concludes that state-level cannabis reforms are mostly associated with “small, occasionally significant longer-run declines in adult tobacco use.”

    Researchers did find “consistent evidence” that the adoption of state recreational marijuana laws (RMLs) led to a slight uptick in cannabis use among adults—of between about two and four percentage points, depending on the data source—but tobacco didn’t follow that trend.

    If the apparent substitution effect from cigarettes to marijuana that’s being driven by legalization were extended nationally, it could result in healthcare cost savings worth more than $10 billion per year, the study concluded, reports Marijuana Moment.

    “We find little empirical support for the hypothesis that RMLs increase the net consumption of tobacco, as measured across a wide range of combustible tobacco products as well as [e-cigarettes],” they wrote. “Rather, the preponderance of evidence points to small, occasionally significant longer-run declines in adult tobacco use.”

    Authors at Bentley, San Diego State and Georgia State universities published the findings in the Journal of Health Economics last month, calling the report “the first to comprehensively examine the impact of recreational marijuana legalization on tobacco use.” The study draws on federal data from the Population Assessment of Tobacco and Health (PATH) and the National Survey on Drug Use and Health (NSDUH).

    At a time of surging public support for cannabis legalization, the researchers write, “public health experts have taken a more cautious approach, urging more research to assess the health benefits and costs of marijuana use, as well as to understand potentially unintended consequences on other health behaviors.” Some have raised concerns that reform could lead to the “renormalization” of smoking, potentially reversing nearly half a century of declining cigarette use.

  • Washington Passes Marijuana Law to Protect Workers

    Washington Passes Marijuana Law to Protect Workers

    Credit: Jdoms

    The governor of the U.S. state of Washington has signed a bill into law that will protect workers from facing employment discrimination during the hiring process over their lawful use of marijuana.

    At a signing ceremony on Tuesday, Gov. Jay Inslee gave final approval to the legislation, enacting the bill into law about three weeks after it cleared the legislature, according to Marijuana Moments.

    The reform is limited to job applicants. As Inslee noted before signing the measure, employers would still be able to maintain drug-free workplaces, or prohibit the use of cannabis by workers after they are hired.

    SB 5123 “seeks to protect applicants from hiring discrimination if they use legal cannabis outside of work,” the governor explained, adding that “there are exceptions” for certain industries.

  • Insurance Agent Sued for  ‘Quietly’ Excluding Batteries

    Insurance Agent Sued for ‘Quietly’ Excluding Batteries

    A federal lawsuit has been filed by four companies that sell vaping devices against Kinsale Insurance Co., claiming the insurer dropped coverage for batteries but failed to fully inform the policyholders before denying a claim.

    If the case goes to trial and appeal, it could potentially help clarify insurers’ and insureds’ responsibilities when policy wording is changed or exclusions are added.

    “Defendant owed a fiduciary duty to plaintiffs based on trust and good faith that required defendant to act in the best interest of plaintiffs, its customers,” reads the lawsuit complaint, filed last week in U.S. District Court in Nashville. “It is reasonable for the insured to assume the policies provided the requested coverage.”

    Kinsale Insurance, based in Richmond, Virginia, offers casualty and specialty casualty insurance for cannabis, transportation and other industries. It has not yet filed an answer to the complaint, according to the Insurance Journal.

    Industry experts, however, said that the practice of changing coverage without fully notifying customers is not uncommon, and is rarely challenged. And Tennessee law may be less than crystal-clear on how far an insurer must go in notifying policyholders of changes and how specific notifications should be.

    Battery fires from nicotine and cannabis vape devices are relatively uncommon but have become a worldwide concern for consumers, fire departments and insurers. In October 2022, Michael and Elisha Schmidt suffered a fire, reportedly from a vape pen battery, and sued the four vape companies over the damage.

    The companies, Isabella Industries, Maelynn Industries, Sancia Industries and Illumivaption Inc., all had umbrella and general liability policies with Kinsale for seven years. But when the vape sellers renewed their policies in October 2022, Kinsale excluded batteries and battery-fire claims from the policies, while raising premiums, the suit claims.

    “Defendant led plaintiffs to believe that the batteries were covered after the renewal,” the complaint reads. “Defendant did not inform plaintiffs that it had removed batteries from the coverage and did not ask Plaintiffs prior to doing so.”

    The plaintiffs also argue that the policy wording was ambiguous and illusory, and thus, unenforceable under Tennessee law. The companies had always paid their premiums on time and had been loyal customers to Kinsale, they noted.

    When the Schmidts filed their lawsuit, the vape companies filed claims with Kinsale. But the insurer denied the claims, arguing that the policies did not cover batteries. Kinsale would not provide a legal defense for the insureds.

    The vape sellers argue that Kinsale’s refusal amounted to bad faith and unfair trade practices, and has cost the companies damages and attorney fees. They are asking for compensatory damages, punitive damages, legal fees and a declaration that the insurer must provide coverage and a defense.

  • Delaware 22nd State to Pass Recreational Marijuana Bill

    Delaware 22nd State to Pass Recreational Marijuana Bill

    Credit: Mehaniq41

    Despite his opposition to the bills, Delaware Gov. John Carney on Friday said he would let two bills that legalize marijuana and create a recreational industry become law without his signature.

    He said he is standing down from his opposition to recreational weed that put him at odds with his party.

    Delaware is the 22nd state to legalize recreational marijuana, marking a milestone in President Joe Biden’s home state after a nearly decades-long fight by advocates and Democrats to loosen restrictions on marijuana.

    Carney, in a statement, said he still believes legalizing weed is “not a step forward.”

    “I want to be clear that my views on this issue have not changed,” the governor said in a statement, reports USA Today.

    Carney said he could not sign the bills because of his concerns about the consequences recreational marijuana will have on children’s health, as well as roadway safety. Along with Delaware House Speaker Pete Schwartzkopf, the governor is the rare Democrat to oppose weed legalization.

    Marijuana, in the quantity of personal use, becomes legal starting Sunday. Delawareans will be allowed to smoke joints, eat gummies and consume weed as they wish in private. It will still be illegal to consume marijuana in public, and employers are still allowed to have a zero-tolerance policy. Recreational weed will not be available for purchase in the state for at least 16 months.

    The Delaware General Assembly in March passed two marijuana-related bills: House Bill 1 legalizes the “personal use quantity” of marijuana, which varies by cannabis form, for people ages 21 and older. This is defined as 1 ounce or less of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol.

    The second bill, House Bill 2, creates and regulates the recreational marijuana industry in Delaware. Within 16 months of the legislation going into effect, the state will distribute 30 retail licenses through a competitive bidding process.

    There will be a marijuana-control enforcement fee of 15 percent on recreational sales. This money, lawmakers say, will create grants and services that focus on restorative justice and reducing the state’s prison population.

    Last year, Carney vetoed a bill to legalize marijuana that the legislature sent to his desk. He said at the time that the law wasn’t in “the best interest of the state” despite the issue’s popularity within his own party.

  • Cannabis Business Expo to be Held With InterTabac

    Cannabis Business Expo to be Held With InterTabac

    The Cannabis Business Expo 2023 (CB Expo) will be held alongside the 2023 InterTabac trade fair in Dortmund, Germany.

    CB Expo 2023 will use the Kongresszentrum, part of the Westfalenhallen expo center complex, on Saturday, Sept. 16, the final day of InterTabac. A reception is scheduled for Friday, reports Charlie Minato of Halfwheel.

    “The main focus of this year’s CB Expo will be on the proposed legalizations of cannabis for recreational use in Germany, the Netherlands, Switzerland, the Czech Republic, Malta and Luxembourg,” said an announcement from Westfalenhallen Unternehmensgruppe GmbH, which owns both InterTabac and the exhibition space. “The event offers an excellent opportunity to learn about and discuss the latest developments and trends in the European cannabis industry.”

    InterTabac is an international trade show for the vaping and tobacco industries. Organizers expect 13,000 attendees for InterTabac and InterSupply—which covers the machinery and equipment side—while 1,000 tickets are available for CB Expo.

    The 2021 and 2022 versions of CB Expo were held in Zurich, Switzerland.

    InterTabac 2023 takes place Sept 14-16 in Dortmund.

  • Lawmakers in U.S. Congress File Bills to Regulate CBD

    Lawmakers in U.S. Congress File Bills to Regulate CBD

    Credit: Dogora Sun

    Congressional lawmakers in the U.S. have refiled a pair of bills meant to provide a pathway for the regulation of hemp derivatives like CBD as dietary supplements and food and beverage additives.

    The two measures that were filed on Friday—the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act and the CBD Product Safety and Standardization Act—are being sponsored by Reps. Morgan Griffith and Angie Craig, according to Marijuana Moment.

    Earlier versions of the bills were filed last Congress and ultimately did not advance, but advocates and industry stakeholders feel that the U.S. Food and Drug Administration’s recent announcement that it wouldn’t be taking steps to regulate CBD will put pressure on lawmakers to act this time around.

    The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act would mandate that hemp, hemp-derived CBD and other derivatives from the federally legal cannabis plant would be made lawful as dietary supplements under the Federal Food, Drug, and Cosmetic Act (FDCA).

    The CBD Product Safety and Standardization Act, meanwhile, would require FDA to develop rules and hold a public comment period on the maximum amount of hemp-derived CBD that could be added to a food item or beverage per serving, labeling and packaging requirements and the “conditions of intended use,” the text of the legislation states.

  • Medicinal Cannabis Research Act Survives Senate Committee

    Medicinal Cannabis Research Act Survives Senate Committee

    Credit: EKKAPON

    The Senate Committee on Veterans’ Affairs advanced the VA Medicinal Cannabis Research Act on Thursday, marking the first-ever standalone cannabis bill to be passed out of a Senate committee.

    If passed, it would be only the second standalone marijuana legislation to be passed federally.

    The bipartisan bill, which advanced in a markup session that occurred off the floor, would direct the Secretary of Veterans Affairs to conduct both a study and clinical trials on the “effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder,” as well as for other conditions. 

    The Senate legislation is sponsored by Montana Sen. Jon Tester, also the chair of the committee, and co-sponsored by Alaska Sen. Dan Sullivan; House Reps. Lou Correa and Jack Bergman have introduced the House version, Cannabis Wire reports. 

    “I’m particularly proud we cleared a number of my bills allowing VA to increase the number of providers in rural areas, authorize important VA projects, and conduct research into medicinal cannabis as an alternative treatment to treating the wounds of war,” Tester said in a statement after the advancement of three veterans bills on Thursday.

    The VA has been an ongoing example of where state and federal cannabis laws clash. While medical cannabis is now legal in a majority of states, cannabis remains a Schedule I substance under federal law. VA doctors, beholden to federal law, have been unable to recommend these products to patients. 

     “Medicinal cannabis is already in use by thousands of veterans across the country, but we don’t yet have the data we need to understand the potential benefits and side effects associated with this alternative therapy,” Sullivan said in a statement when introducing the bill.

    Last year, for the first time, a standalone piece of marijuana reform legislation was signed into law by a U.S. president. The “Medical Marijuana and Cannabidiol Research Expansion Act” is just one signature away from historic enactment.

  • Key West, Florida Bans Vaping at Beaches, Parks

    Key West, Florida Bans Vaping at Beaches, Parks

    Credit: lazyllama

    Officials in Key West, Florida banned smoking and vaping at Key West’s parks and beaches when they met on Feb. 7. But, not entirely.

    Cigar smoking is still allowed. The state won’t let local governments restrict it. The city commission also can’t restrict the use of prescription medications, which for millions of Americans now includes marijuana, according to Keys Weekly.

    So, while the goal is eliminating cigarette butts from beaches and parks, it’ll be interesting to see how enforcement of the new ban goes.

    Any person who violates the rule commits a noncriminal violation, punishable by a fine of not more than $100 for the first violation and not more than $500 for each subsequent violation.

  • Kansas State Senators File Medical Marijuana Bill

    Kansas State Senators File Medical Marijuana Bill

    A new push to legalize medical marijuana in Kansas is picking up some steam. The bill, if passed, would also make vaping cannabis illegal.

    According to Marijuana Moment, state senators filed a new measure – SB 135 – that seeks to provide legal access to medical cannabis for people with debilitating conditions.

    Backed by the Senate Federal and State Affairs Committee, the new legislation would regulate the cultivation, processing, distribution, sale and use of medical cannabis.

    “The patients of Kansas have been eagerly anticipating the opportunity for a program and to join the 37 other states that have adopted comprehensive medical cannabis programs,” Kevin Caldwell, a legislative manager at the Marijuana Policy Project told Marijuana Moment’s Kyle Jaeger. “Patients have been forced for too long to have to go to the illicit market for products that have not been tested for contaminants as well as face legal repercussions for possessing medicine that can greatly improve the quality of their lives.”

    The licensing process would be overseen by a Division of Alcohol and Cannabis Control, while a Medical Cannabis Advisory Committee would supervise the implementation of the marijuana program.

    Taxed at 10 percent, medical marijuana products would have to contain less than 35 percent THC for flower, while tinctures, oils and concentrates could not exceed 60 percent THC.