What does marijuana rescheduling mean for my state?
Moving marijuana to Schedule III will not legalize marijuana. It will provide the marijuana industry with a significant tax reduction and will normalize the drug to many Americans, which could increase marijuana use and harms nationwide. To address this, common-sense regulations must be implemented on the industry on the state level to ensure public safety. Many states have trigger laws that would force state law to either conform to federal law or oppose the federal ruling.
Email your state representatives below and ask them to oppose any attempts to reschedule marijuana at the state level.
What the law says
In each of these states, a state regulator has 30 days to either agree with or object to the federal ruling to reschedule. If the commissioner files an objection, a public hearing will be held: Texas, New Hampshire, Wyoming, North Carolina, Idaho, Illinois, New Jersey, Montana, Missouri, Wisconsin, Washington, Minnesota, Arkansas, Nevada.
The DHSH Commissioner has 30 days to either agree with the federal decision or file an objection. If the commissioner files an objection, a public hearing will be held.
The Commissioner of the Department of Health and Human Services (DHHS) has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Wyoming Attorney General has 30 days to either agree with or object to the federal ruling to reschedule. If the commissioner files an objection, a public hearing will be held.
The North Carolina Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (NCDHHS) has 30 days to either agree with or object to the federal ruling to reschedule. If the commission files an objection, a public hearing will be held.
The Idaho Board of Pharmacy has 30 days to either agree with or object to the federal ruling to reschedule. If the commission files an objection, a public hearing will be held.
The Illinois Department of Human Services has 30 days to either agree with or object to the federal ruling to reschedule. If the department files an objection, a public hearing will be held.
The Director of the NJ Division of Consumer Affairs has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Board of Pharmacy has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Department of Health and Senior Services has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Controlled Substances Board has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Pharmacy Quality Assurance Commission has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Board of Pharmacy has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
The Secretary of the Department of Health has 30 days to either agree with or object to the federal ruling to reschedule. If the Secretary files an objection, a public hearing will be held.
The State Board of Pharmacy has 30 days to either agree with or object to the federal ruling to reschedule. If the director files an objection, a public hearing will be held.
Recommendations
Those responsible for responding to the federal decision to reschedule should oppose the ruling and keep marijuana in the strictest possible drug schedule.
If this isn’t possible or you already have recreational marijuana, there are still ways to fight back.
Moving marijuana to Schedule III will not legalize marijuana. It will provide the marijuana industry with a significant tax reduction and will normalize the drug to many Americans, which could increase marijuana use and harms nationwide. To address this, common-sense regulations must be implemented on the industry on the state level to ensure public safety. Many states have trigger laws that would force state law to either conform to federal law or oppose the federal ruling.
Policy Recommendations
Strict Advertisement Restrictions
- Restrictions that ensure the marijuana industry does not overtly or implicitly target recreational users or young people.
- Advertising should be limited to inside retail stores only.
- Consider prohibiting all marijuana advertisements.
15% Potency Cap & 5 mg per unit of an edible
- Marijuana concentrates can have THC potency as high as 99%. A potency cap could prevent users from consuming products known to cause psychosis and other mental health issues.
- Consider prohibiting the sale of concentrates entirely, as they are often used in high-potency marijuana vapes and dabs.
Marijuana Health Warning Labels
In light of scientific literature on the harms of marijuana, create 11 health warning label graphic images using the yellow triangle or yellow background if the triangle is not a graphic fit. Some graphics will need to use words. Marijuana use can cause or contribute to:
- Psychosis
- Impaired driving
- Addiction
- Suicide attempt
- Uncontrollable vomiting
- Harm to fetuses/not to be used by pregnant women
- Harm to nursing babies/ not to be used by women breastfeeding
- High potency on cannabis products over 10% THC
- No use under 21
- Harm to pets
- Not approved by the FDA
Allow Municipalities to Opt Out of Sales at Any Time
- Communities should have the option to opt out of the marijuana retail market.
Education Campaign Focused on Targeted Communities
- The marijuana industry will definitely market and advertise its products to vulnerable communities. To counter this, public funds should be used to oppose these efforts and support educational campaigns focused on prevention.
Let Science, Not Political Interests, Guide Medicine
- Before a condition is approved for medical marijuana treatment, at least three peer-reviewed articles with adequate statistical power for their data analysis (≥ 0.8), all published in journals with an impact factor ≥ 4, must demonstrate a favorable risk/benefit profile for treatment of that condition with medical marijuana. These publications must represent original research, not review papers. In addition, the leading medical associations for the relevant specialty should be searched for position statements on using medical marijuana for the stated condition. If, contrary to the use of medical marijuana for that condition, it should not be approved as a certifying condition.
Resources:
Contact iman@learnaboutsam.org for more information.