CBD vs Covid, Again

CBD prevented viral replication in lung cells and people on CBD had lower Covid infection rates:

Cannabidiol inhibits SARS-CoV-2 replication through induction of the host ER stress and innate immune responses

“The spread of SARS-CoV-2 and ongoing COVID-19 pandemic underscores the need for new treatments. Here we report that cannabidiol (CBD) inhibits infection of SARS-CoV-2 in cells and mice. CBD and its metabolite 7-OH-CBD, but not THC or other congeneric cannabinoids tested, potently block SARS-CoV-2 replication in lung epithelial cells. CBD acts after viral entry, inhibiting viral gene expression and reversing many effects of SARS-CoV-2 on host gene transcription. CBD inhibits SARS-CoV-2 replication in part by up-regulating the host IRE1 α RNase endoplasmic reticulum (ER) stress response and interferon signaling pathways. In matched groups of human patients from the National COVID Cohort Collaborative, CBD (100 mg/ml oral solution per medical records) had a significant negative association with positive SARS-CoV-2 tests. This study highlights CBD as a potential preventative agent for early-stage SARS-CoV-2 infection and merits future clinical trials. We caution against use of non-medical formulations including edibles, inhalants or topicals as a preventative or treatment therapy at the present time.”

NPA Sues FDA over Exclusion

CBD companies should line up to help; the same Exclusionary Rule blocks them. THC vendors too, they’ll run up against this eventually too:

“NPA filed a lawsuit in December of last year challenging FDA’s wrongful application of the ‘exclusionary clause’ of DSHEA regarding the dietary ingredient NAC. NPA is asking the industry and industry trade groups to join our lawsuit and present a united front against the dangerous precedent FDA’s unlawful actions have set. We believe that this is not just an NPA issue but one that impacts the entire industry.”

Read more at: https://www.nutraingredients-usa.com/Article/2022/01/07/NPA-chief-says-status-of-NAC-supply-chain-crisis-activist-state-legislatures-among-list-of-concerns-for-2022#

Legalizing Will Save 1.1% of all Rx $

The US could save $500,000,000 annually in prescription drug costs if medical marijuana was legal, and that’s just the Medicare Part D costs.

Extrapolated to all US prescription costs not just Part D (disabled and retired), the annual savings is almost $4 billion, 1.1% of all prescription drug expenditures.

With the 51-year lie of marijuana in Schedule 1 and “no medical value,” FDA has long done everything it could to protect its Big Pharma patrons.

Read more at: http://www.zerohedge.com/news/2016-07-21/real-reason-pharma-companies-hate-medical-marijuana-spoiler-alert-it-works

A Hidden Origin Story of the CBD Craze

[…]“For decades, Dr. Carlini’s research was not replicated, in part because so few people had access to the compound: Both the pot held at the nation’s sole government-sanctioned marijuana lab at the University of Mississippi and the illegal pot being smoked around the country had only trace CBD content. (Mr. Turner even tested several kinds of cannabis sent by a legendary pot grower, a writer for “High Times” named Mel Frank. To no avail: none of it contained much CBD.)

In those years, emissaries of California’s counterculture were often traveling the world looking for unique strains of cannabis. The most influential of these collectors was a man named David Watson. In the early 70s, Mr. Watson sold his possessions and began hitchhiking from Morocco to India, befriending local pot growers along the way.

Mr. Watson ultimately settled in Amsterdam to examine his thousands of kinds of cannabis at his own Dutch state-licensed company, HortaPharm BV. He brought in a friend, an American botanist named Robert Connell Clarke to help. When Mr. Watson and Mr. Clarke heard about the CBD research Dr. Carlini had done in Brazil, the pair identified and then bred CBD varietals. This led to a discovery.

“It attenuates the high,” Mr. Clarke told me over breakfast in Los Angeles. “That came strictly from anecdotal stoner evidence.”“

Read more at: https://www.nytimes.com/2020/05/23/sunday-review/coronavirus-cbd-oil.html

Pot Taxes: Epic Fail

Don’t be so quick to embrace marijuana taxes. There shouldn’t even be a tax: savings from non-enforcement is an order of magnitude greater. Adding taxes on top of that is double-dipping. They’re shooting themselves in the foot with high taxes; take budget from the drug squad windfall savings instead.

Even a mere 0.0001% tax demands an armed bureaucracy prepared to use all its powers and might to enforce its mandate under penalty of your death at the end of a qualified immunity gun. A bureaucracy’s prime motive is to grow and increase power and staff, so it’ll only get bigger and demand an ever-higher tax.

It’ll never actually be legal if any tax is owed the government, instead it’ll be like the old days of Revenooers busting stills in the woods.

Just. Say. No.

Easy Solution For US’s SCND Problem

What’s the US going to do about the U.N. Single Convention on Narcotic Drugs (SCND) Treaty, the mother of all drug laws? I suggest do what Uruguay, Paraguay, The Netherlands, Jamaica, and Canada do, and soon Malta, Luxembourg, and Thailand will do, and what the government already did to many Native American treaties: ignore it.

Good thing none of the 50 US states are signatories, 10A FTW. That treaty created this federal vs state antagonism, a daily Constitutional crisis since 1996. It’s the way our system was designed; it’s not actually illegal in the state just federally, and that’s an acceptable outcome in this interim transitional period we are in.

And who pushed Geneva to write said treaty? None other than Harry Anslinger. He perceived the Constitution didn’t allow him to marshal a national police force so h used a tax stamp to determine legality. A blatant 5A infringement, it was ruled unconstitutional in 1969.

Almost every marijuana state still has laws against marijuana on the books, Schedule 1 in each’s CSA. But legality in America is determined by enforcement, not necessarily any of thousands of new laws written every year.

And if there’s actually no law against what you’re doing but the cop doesn’t like you, it’s still illegal in that he will arrest you and drop charges later. Conversely, if you’re a Senator’s son you are indeed fortunate, no matter how many kilos of blow are in your trunk. Therefore legality is defined by enforcement and they don’t enforce marijuana laws as much as they once did in legal states. That’s why I include The Netherlands in the list, because if enforcement defines legality then gedogen = legal.

And in our system states are free to legalize weed as long as they’re able to literally keep the Feds at bay. That truce was once called the Cole Memo, then the Ogden Memo. AG Sessions tore them up and Biden never reinstated them, but budget amendments did much to get cases tossed federally.

So they switched tactics, today’s New Normal: seize assets but don’t prosecute; cash and Ferraris don’t have standing to argue their case in court. And if you do it, they’ll prosecute. A jury or a Circuit Court of Appeals let alone the US Supreme Court will never hear a case, no matter how much Justice Thomas wants to.

Despite the increase in state-legal activity the federal is also seeing a massive budget off-balance sheet infusion from it, right when it should be scaling back on state-legal marijuana enforcement. Besides the cost savings there’s no fear of finding it unconstitutional, which S1 is 4 ways. Both the theft of assets which is fruit of the poison tree, Schedule 1. The New Normal encourages corruption of federal agents and makes a mockery of the 4th, 6th, 10th, 14th, and 16th Amendments.

That’s how the US states can flip off the UN and get away with it. They aren’t signatories and the US Constitution allows states to be “laboratories of democracy.” The UN obviously didn’t expect a federal not to be able to whip its regions and provinces and cantons into shape. Like a few areas in Europe, each US state is essentially a similar autonomous region. And like in the US some of those regions are allowing common sense marijuana reform; laboratories of democracy.

Here’s the source of Schedule 1’s “no medical value“ in the 1937 hearings for the MTA, Anslinger’s Scientists For Hire:

Candidate questionnaire draft

Candidate questionnaire draft

Having given money to Democratic candidates in the past, I’ve been getting calls from candidates asking for my support.

I’m working up a questionnaire to see whom to support; here’s a draft. There will be more questions; suggestions welcomed.

Do you support taking away the carried interest tax advantage for hedge fund operators?

Do you support increasing the federal estate tax?

Do you support eliminating planning opportunities that allow avoidance of the federal estate tax?

Do you propose to let marijuana companies start deducting their advertising and marketing expenses on either federal and North Carolina tax returns?  That is, would you take away the 280E Selling Expense Tax on the books now? 

Do you support government rather than for-profit private marijuana retailing in North Carolina?

My own answers would be yes to all questions except the fourth one about 280E.  

#CBD #Hemp
Candidate questionnaire draft
December 13, 2021 11:11 pm

Remembering Bob Dole

Remembering Bob Dole

I was a big fan of Bob Dole when I worked for Congressional tax-writing committees in the 1980s.  He chaired the Senate Finance Committee until he became Majority Leader, and he stayed on the committee.  He was a statesman in his own way, and funny.  After Dole died, Al Franken started claiming to be the funniest living ex-Senator.

Here’s some marijuana tax trivia.  Bob Dole inserted the 280E Selling Expense Tax into the tax law in 1982 when he was Senate Finance Committee chair.  I was on the staff of the Joint Committee on Taxation then, and must have known about 280E back then, because the staff had proofed the technical explanation of the entire bill during Congressional downtime for staff, but I didn’t work on it.

Dole got the idea from Senator Bill Armstrong (R-CO) who was on the Finance Committee.  Armstrong was a pretty shrewd operator.  He was described by Dole as the “the father of tax indexing” – a change called the most dramatic tax law development in a generation by Ken Kies on the right and Jim Wetzler on the left.  So that makes Armstrong a key figure in tax policy.  280E is hated by the marijuana industry, but by making advertising and marketing non-deductible, 280E keeps the noise down.  

#CBD #Hemp
Remembering Bob Dole
December 11, 2021 7:04 pm

Congress: H.R. 6134: To authorize the regulation of interstate commerce with respect to food containing cannabidiol derived from hemp, and for other purposes.

H.R. 6134: To authorize the regulation of interstate commerce with respect to food containing cannabidiol derived from hemp, and for other purposes.
Introduced: Sponsor: Rep. Kathleen Rice [D-NY4]

This bill was referred to the House Committee on Energy and Commerce which will consider it before sending it to the House floor for consideration.

Rep. Kathleen Rice [D-NY4] is a member of the committee.

#CBD #Hemp
December 2, 2021 5:00 am

October 2021 Office of Women's Health e-Update

October 2021 Office of Women's Health e-Update October 2021 Office of Women’s Health e-Update Anonymous (not verified) Mon, 11/22/2021 – 10:09

Detailed Description
FDA Office of Women’s Health newsletter, with a Message from the Associate Commissioner, Women’s Health Highlights, Call To Action, and upcoming Meetings.


Mammogram Detection

Message from the Associate Commissioner

Dear Women’s Health Colleagues,

Many of us know someone who has been affected by breast cancer—a friend, mother, sister, or maybe even yourself. Each year, approximately 255,000 women get diagnosed with breast cancer in the United States and 42,000 die from the disease.¹

Mammograms continue to be the best primary tool for breast cancer screening. Although screening cannot prevent breast cancer, it can help find cancer early, when it is easier to treat. National Breast Cancer Awareness Month serves as a great reminder to ask your healthcare provider about scheduling your mammogram. We invite you to learn more about mammograms here.

While breast cancer is one of the most common cancers among women and top causes of cancer related deaths; heart disease is a leading cause of death for both women and men. Diet is an integral component to preventing and treating heart disease. By limiting sodium, which is a component of salt in our diets, we can help prevent diseases like high blood pressure and heart disease.

In an effort to improve nutrition and reduce disease burden, FDA’s Center for Food Safety and Nutrition (CFSAN) issued a final guidance which provides voluntary short term sodium reduction targets for food manufacturers, chain restaurants and food service operators in an effort to decrease diet-related diseases. Please take a moment to learn about FDA’s nutrition efforts and steps you can take to reduce sodium in your diet.


Kaveeta Vasisht, M.D., Pharm.D.
Associate Commissioner for Women’s Health
Director, Office of Women’s Health


Below are links to specific COVID-19 topics and the latest vaccine fact sheets, with a full list of the latest COVID-19 information from the FDA here.


Woman Jogging

Bone and Joint Health National Action Week is observed on October 12-20. More than 10 million people in the U.S. have osteoporosis. Anyone can develop osteoporosis, but it is more common in older women. Even though osteoporosis affects mostly older women, prevention starts when you are younger. No matter your age, you can take steps to build bone mass and prevent bone loss.

For more information on osteoporosis, click here. Download our osteoporosis fact sheet or order in bulk for distribution to the women in your community at www.fda.gov/womenshealthpubs.


FDA Permits Marketing of E-Cigarette Products, Marking First Authorization of Its Kind by the Agency

The FDA announced it has authorized the marketing of three new tobacco products, marking the first set of electronic nicotine delivery system (ENDS) products ever to be authorized by the FDA through the Premarket Tobacco Product Application (PMTA) pathway. 

Do Not Use Needle-Free Devices for Injection of Dermal Fillers

The FDA is warning the public and healthcare professionals not to use needle-free devices such as hyaluron pens for injection of hyaluronic acid (HA) or other lip and facial fillers, collectively and commonly referred to as dermal fillers or fillers. 

The FDA is aware of serious injuries and in some cases, permanent harm to the skin, lips, or eyes with the use of needle-free devices for injection of lip and facial fillers.

Specific Lots of Aerosol Sunscreen Spray Products by Coppertone: Recall – Due to the Presence of Benzene

Coppertone is recalling twelve lots of five Coppertone aerosol sunscreen spray products manufactured between the dates of January 10, 2021 and June 15, 2021. Coppertone has identified the presence of benzene in these lots. Benzene is classified as a human carcinogen. Exposure to benzene can occur through inhalation, oral, and skin and it could, depending on the level and extent of exposure, result in an increased risk of cancers including leukemia, and blood cancer of the bone marrow and other blood disorders which can be life-threatening.

Youth E-cigarette Use Remains Serious Public Health Concern Amid COVID-19 Pandemic

A study released by the U.S. Food and Drug Administration and the U.S. Centers for Disease Control and Prevention (CDC) estimated that more than 2 million U.S. middle and high school students reported currently using e-cigarettes in 2021, with more than 8 in 10 of those youth using flavored e-cigarettes.

Risk of Exposure to Unsafe Levels of Radiation with Safe-T-Lite UV WAND

The FDA issued a safety communication to warn consumers that use of the Max-Lux Safe-T-Lite UV WAND may expose the user or person nearby to unsafe levels of ultraviolet-C (UV-C) radiation and may cause injury to the skin, eyes, or both after a few seconds of use.

The FDA is aware that consumers may use the Max-Lux Safe-T-Lite UV WAND to try to disinfect surfaces and kill germs in the home or similar spaces. The FDA recommends that consumers consider using safer alternative disinfection methods, such as general-purpose disinfectants.

Essure: Update on Adverse Event Reports

The FDA remains committed to providing updates on the safety profile of Essure, a permanently implanted birth control device for women. Although Essure has not been available for implantation in the U.S. since December 2019, the FDA continues to monitor the product’s safety through an FDA-required postmarket surveillance study and other activities. FDA is providing an update on the adverse event information received by Bayer (the company that manufactured Essure) as required in the April 24, 2020 variance from Medical Device Reporting requirements.

All Ultrasound Gels and Lotions by Eco-Med Pharmaceutical: Class I Recall – Due to Risk of Bacteria Contamination

All ultrasound gels and lotions manufactured by Eco-Med are being recalled due to risk of bacterial contamination with Burkholderia cepacia complex (Bcc). The FDA independently confirmed that distributed product tested positive for bacterial contamination. The use of affected ultrasound gels and lotions contaminated with Bcc may lead to serious infections, including bloodstream infections, which may result in sepsis or death.

Left Atrial Appendage Occlusion (LAAO) Devices Potentially Associated with Procedural Outcome Differences Between Women and Men

The FDA issued a Letter to Health Care Providers about the potential for differences in procedural outcomes between women and men undergoing implant of an LAAO device. A recent publication in the Journal of the American Medical Association (JAMA) Cardiology indicates that major adverse events and lengthened hospital stay may be more common in women compared to men.  

It’s a Good Time to Get Your Flu Vaccine

Fall is here, and it is time to get your seasonal flu vaccine. It’s best to get vaccinated before flu viruses start circulating. Flu viruses typically spread in fall and winter, with activity peaking between December and February. Getting your FDA-approved flu vaccine now can lower your chances of getting the flu.

FDA Takes Steps Aimed at Improving Quality, Safety and Efficacy of Sunscreens

The FDA took steps aimed at improving the quality, safety, and efficacy of sunscreens as part of its implementation of new authorities for certain over-the-counter (OTC) drugs. In the short term, these new authorities essentially preserve status quo marketing conditions for these sunscreens. However, the agency proposed revisions and updates to those requirements related to maximum sun protection factor (SPF) values, active ingredients, broad spectrum requirements, and product labeling, among other provisions.

FDA Authorizes Software that Can Help Identify Prostate Cancer

The FDA authorized marketing of software to assist medical professionals who examine body tissues (pathologists) in the detection of areas that are suspicious for cancer as an adjunct (supplement) to the review of digitally-scanned slide images from prostate biopsies (tissue removed from the body). The software, called Paige Prostate, is the first artificial intelligence (AI)-based software designed to identify an area of interest on the prostate biopsy image with the highest likelihood of harboring cancer so it can be reviewed further by the pathologist if the area of concern has not been identified on initial review.

FDA Approves First Biosimilar to Treat Macular Degeneration Disease and Other Eye Conditions

The FDA approved Byooviz (ranibizumab-nuna) as the first biosimilar to Lucentis (ranibizumab injection) for the treatment of several eye diseases and conditions, including neovascular (wet) age-related macular degeneration (nAMD), a leading cause of vision loss and blindness for Americans aged 65 years and older. Byooviz is also approved to treat macular edema (fluid build-up) following retinal vein occlusion (blockage of veins in the retina) and myopic choroidal neovascularization, a vision-threatening complication of myopia (nearsightedness).

Microneedling – Getting to the Point on Benefits, Risks and Safety

People are using microneedling in a variety of ways, from reducing the appearance of scars to treating fine lines and wrinkles to improve their appearance.

If you are thinking about having a microneedling procedure, the FDA recommends you choose a health care provider who is specially trained in microneedling. Talk with the provider to determine if you are a good candidate for microneedling—not everyone is. And discuss the benefits and risks, including the risk of infection if the microneedling tools are not cleaned or used properly.

Pfizer Expands Voluntary Nationwide Recall to include All Lots of CHANTIX® (Varenicline) Tablets Due to N-Nitroso Varenicline Content

Pfizer is voluntarily recalling all lots of Chantix 0.5 mg and 1 mg Tablets to the patient (consumer/user) level due to the presence of a nitrosamine, N-nitroso-varenicline, at or above the FDA interim acceptable intake limit. As alternative suppliers have been approved in the United States, Pfizer is undertaking this precautionary measure.

Long-term ingestion of N-nitroso-varenicline may be associated with a theoretical potential increased cancer risk in humans, but there is no immediate risk to patients taking this medication. The health benefits of stopping smoking outweigh the theoretical potential cancer risk from the nitrosamine impurity in varenicline.

FDA Releases Quiz About Prescription Drug Promotion and the Bad Ad Program

The FDA’s Bad Ad Program released the Bad Ad quiz to test your knowledge about prescription drug promotion and the FDA’s Bad Ad Program. The Bad Ad Program helps to ensure that information from prescription drug promotion that health care providers may use to inform their assessment of the risks and benefits of a drug is truthful, balanced, and not misleading. 

5 Things to Know about Delta-8 Tetrahydrocannabinol – Delta-8 THC

Delta-8 tetrahydrocannabinol, also known as delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).

It is important for consumers to be aware that delta-8 THC products have not been evaluated or approved by the FDA for safe use in any context. They may be marketed in ways that put the public health at risk and should especially be kept out of reach of children and pets.

Updates on Philips Respironics CPAP, BiPAP, and Ventilator Recall

The FDA updated the frequently asked questions (FAQs) about this recall on FDA.gov: Philips Respironics CPAP, BiPAP, and Ventilator Recall: Frequently Asked Questions.

Pregnancy Registry

Pregnancy exposure registries are studies that collect health information on exposure to medical products such as drugs and vaccines during pregnancy. 
Learn more about pregnancy registries today!

Participate in Upcoming FDA Meetings

Visit FDA Meetings, Conferences and Workshops to find out about available meetings.

Communication Type

Short Title
October 2021 Office of Women’s Health e-Update

Source Organization

Short Description
FDA Office of Women’s Health newsletter, with a Message from the Associate Commissioner, and Women’s Health Highlights

Contributing Office

Publish Date
Mon, 11/22/2021 – 10:10

Review Date
Tue, 11/22/2022 – 00:00

Last Reviewed Date
Mon, 11/22/2021 – 00:00

Site Structure

Next Review Date
1 Year

Navigational Page

Bulk Approved

Display Short Description

First Publish Date
Mon, 11/22/2021 – 10:10

Generic Boolean


Number of Related Information to Display

Add Subscription Box

#CBD #Hemp http://www.fda.gov/consumers/collaborate-and-connect/october-2021-office-womens-health-e-update November 22, 2021 3:09 pm

New leader in tax-haters’ contest

New leader in tax-haters’ contest

A new marijuana legalization bill by freshman Republican U.S. House Member Nancy Mace of South Carolina imposes a tiny three- percent ad valorem tax on the drug, which is not enough to offset the disappearance of the current 280E Selling Expense Tax (which applies only to federally illegal drugs).

To prove how anti-tax she is, the bill adds a “Moratorium” – no increase in that tiny tax for 10 years, unless three-quarters of each House agrees to an increase.  Now that moratorium can be rescinded by a simple majority Act of Congress at any time:  One Congress cannot bind another.  Still the filibuster (requiring 60 Senate votes) could be repealed by a simple majority Act of Congress at any time, but that time has not come.  I know of no current rule tying Congress’s hands on taxes.

In any event, if you’re looking for anti-tax sentiment, the Mace bill tops the list.

#CBD #Hemp
New leader in tax-haters’ contest
November 20, 2021 9:13 pm

NASS Uniquely Positioned to Conduct Hemp Survey

NASS Uniquely Positioned to Conduct Hemp Survey

Last week, the National Agricultural Statistics Service (NASS) began collecting data for its first ever Hemp Acreage and Production Survey. Hemp is a commodity that can be used for numerous industrial and horticultural purposes, including fabric, food products, cosmetics, and more. Yet, there is no comprehensive, national production data for it. That’s where NASS comes in.

#CBD #Hemp https://www.usda.gov/media/blog/2021/10/26/nass-uniquely-positioned-conduct-hemp-survey October 26, 2021 1:19 pm

Identify Stoned Drivers

Identify Stoned Drivers

Testing drivers for cannabis impairment is something I’ve been thinking about just a little with legalizers in North Carolina and California.  Some of this thinking is theirs.

One argument prohibitionists use against legalization of marijuana is that stoned drivers are a menace to everyone on the streets and roads.  Marijuana is much less impairing than alcohol, but stoned driving worries people.

Figuring out which cannabis-consuming drivers make the roads unsafe is hard.  With alcohol, breath and blood tests produce numerical results that allow “per se” determinations of intoxication:  if the amount of alcohol in a driver’s system reaches .08 percent, or some bright-line numerical threshold, they’re guilty.

Finding a bright-line threshold for marijuana seemed like a way to find stoned drivers.  Colorado, for instance, started out saying that 5 nanoliters per (milliliter?) of some THC chemical in blood were per se evidence of intoxicated driving.  That was a political bone thrown to folks worried about the issue so as to get legalization passed.

Impaired driving is a battle NC NORML is fighting here, so they propose a five-minute roadside test for impairment, not involving bodily fluids.  

To expand on that:  Maybe some jurisdiction will say, “No conviction for cannabis-impaired driving without video evidence.”  No video, no probable cause, no search, no arrest, no nothing.  

The discussion below aims at that result.

If setting a bright line number of minutes (say five) the police can acquire roadside behavioral evidence of intoxication is worth pursuing, how might a five-minute rule interact with blood, oral fluid, or breath tests that detect active THC? (We can test hair and urine to show use, but they don’t show intoxication.  they only detect non-psychoactive metabolites which don’t affect driving.  Only blood, oral fluid, or breath tests detect active THC. o one even supposes a hair test shows intoxication.)

No conviction without failing both tests?  (Presumably failing video-recorded the roadside behavioral test is ultimately a jury question – does the community think this person is impaired?  Jury questions usually get plea-bargained away these days.)  But what if someone shows no THC or alcohol or anything in bodily fluids or breath but does terribly on the behavioral test?

Anyway, if failure on both tests is required for a conviction, what’s the order of testing?

1.  Police administer blood, oral fluid, or breath test and then, if it shows (enough?) THC have a go at the roadside behavioral test?  How quickly do results come back from the tests?


2. Police administer a roadside behavioral test and if police say the suspect failed, then administer a blood, oral fluid, or breath test?  And when the police say the driver failed the behavioral test, who oversees the police’s determination?  A magistrate eventually?  A magistrate on Zoom immediately?  A jury (or prosecutor evaluating the case to present to a jury)?

Not my field . . . 

#CBD #Hemp
Identify Stoned Drivers
October 18, 2021 4:47 pm

Regulatory Capture: Friend or Foe?

Regulatory Capture: Friend or Foe?

I wonder what free market conservatives think of the regulatory capture in North Carolina SB711:  New N.C.G.S. section 90-113.122 would say the Medical Cannabis Production Commission is to have two industry representatives among its 11 members. 

Is that bad, because regulatory capture is bad, or good, because regulation is bad, so weakening it is good?

#CBD #Hemp
Regulatory Capture: Friend or Foe?
October 18, 2021 12:07 pm

Marijuana policy reading

Marijuana policy reading

Drafting a pamphlet: “What North Carolinians Need To Know About Marijuana Money.” Here’s what I’m thinking for background reading references:  

For marijuana issues generally, I don’t know a better place to start than Mark Kleiman’s Marijuana Legalization:  What Everyone Needs to Know (2d ed. 2016, with Caulkins and Kilmer, under $20), which inspired the title here.  A more technical 2015 analysis by Kleiman and others for the State of Vermont is in the public domain at https://www.rand.org/pubs/research_reports/RR864.html.

Kleiman’s work is a little dated; a recent multi-author issue of the B.U. Law Review provides a good update in the public domain. https://www.bu.edu/bulawreview/2021/07/14/volume-101-number-3-may-2021/.

For an ideological prohibitionist view, the group Smart Approaches to Marijuana, https://learnaboutsam.org, provides online material and offers a book for sale.  

An anti-prohibition view is thought through in a free online book by the U.K. Transform Drugs Foundation: https://transformdrugs.org/publications/how-to-regulate-cannabis-a-practical-guide

#CBD #Hemp
Marijuana policy reading
September 25, 2021 2:25 pm

5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC

5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC 5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8 THC Anonymous (not verified) Thu, 09/16/2021 – 12:02

Detailed Description
Los productos de Delta-8 THC no están aprobados por la FDA y pueden ponerle en riesgo.


Public Awareness


El delta-8 tetrahidrocannabinol, también conocido como Delta-8 THC, es una sustancia psicoactiva que se encuentra en la planta de Cannabis sativa, de la que la marihuana y el cáñamo son dos variedades. El Delta-8 THC es uno de más de 100 cannabinoides producidos naturalmente por la planta de cannabis, pero no se encuentra en cantidades significativas en la planta de cannabis. Por ello, las cantidades concentradas de Delta-8 THC se fabrican normalmente a partir de cannabidiol (CBD) derivado del cáñamo.

Es importante que los consumidores sepan que los productos de Delta-8 THC no han sido evaluados ni aprobados por la FDA para su uso seguro en ningún contexto.  Pueden comercializarse de forma que ponen en peligro la salud pública y, sobre todo, deben mantenerse fuera del alcance de los niños y las mascotas. 

A continuación, se presentan 5 cosas que debe saber sobre el Delta-8 THC para mantenerse a usted y a sus seres queridos protegidos de productos que pueden suponer graves riesgos para la salud:

1. Los productos de Delta-8 THC no han sido evaluados ni aprobados por la FDA para su uso seguro y pueden comercializarse de forma que ponen en riesgo la salud pública.

La FDA está consciente de la creciente preocupación sobre los productos de Delta-8 THC que se venden actualmente en línea y en las tiendas. Estos productos no han sido evaluados ni aprobados por la FDA para su uso seguro en ningún contexto. Algunas de las preocupaciones incluyen la variabilidad en las formulaciones y las etiquetas de los productos, el contenido de otros cannabinoides y terpenos, y las concentraciones variables de Delta-8 TCH. Además, algunos de estos productos pueden estar etiquetados simplemente como “productos de cáñamo”, lo que puede confundir a los consumidores que asocian “cáñamo” con “no psicoactivo”. Además, la FDA está preocupada por la proliferación de productos que contienen Delta-8 THC y se comercializan para usos terapéuticos o médicos, aunque no hayan sido aprobados por la FDA. La venta de productos no aprobados con afirmaciones terapéuticas sin fundamento no sólo constituye una infracción de la ley federal, sino que también puede poner en riesgo a los consumidores, ya que no se ha demostrado que estos productos sean seguros o eficaces. Esta comercialización engañosa de tratamientos no probados plantea importantes problemas de salud pública porque los pacientes y otros consumidores pueden utilizarlos en lugar de las terapias aprobadas para tratar enfermedades graves e incluso mortales.

2. La FDA ha recibido informes de eventos adversos relacionados con productos que contienen Delta-8 THC.

Desde diciembre de 2020 hasta julio de 2021, la FDA recibió informes de eventos adversos tanto de consumidores como de las fuerzas policiales que describían a 22 pacientes que consumieron productos con Delta-8 THC; de ellos, 14 se presentaron en un hospital o sala de emergencias para recibir tratamiento después del consumo. De los 22 pacientes, 19 experimentaron efectos adversos tras consumir productos alimenticios que contenían Delta-8-THC (por ejemplo, brownies, gomitas). Los eventos adversos incluyeron vómitos, alucinaciones, problemas para mantenerse en pie y pérdida de conciencia.  

Los centros nacionales de control de envenenamiento recibieron 661 casos de exposición a productos con Delta-8-THC entre enero de 2018 y el 31 de julio de 2021, 660 de los cuales ocurrieron entre el 1 de enero de 2021 y el 31 de julio de 2021. De los 661 casos de exposición:

  • El 41% implicó una exposición no intencional al Delta-8-THC y el 77% de estas exposiciones no intencionales afectaron a pacientes pediátricos menores de 18 años.
  • El 39% afectó a pacientes pediátricos menores de 18 años.
  • El 18% requirió hospitalizaciones, incluyendo niños que requirieron ingreso en la unidad de cuidados intensivos (ICU, por sus siglas en inglés) tras la exposición a estos productos.

3. El Delta-8 THC tiene efectos psicoactivos y embriagantes.

El Delta-8 THC tiene efectos psicoactivos y embriagantes, similares a los del Delta-9 THC (es decir, el componente responsable del “subidón” que pueden experimentar las personas al consumir cannabis). La FDA está al tanto de los informes de los medios de comunicación sobre productos con Delta-8 THC que hacen que los consumidores estén “drogados”.  La FDA también está preocupada por el hecho de que los productos con Delta-8 THC probablemente expongan a los consumidores a niveles de la sustancia mucho más elevados que los que se dan de forma natural en los extractos crudos de cáñamo. Por lo tanto, no se puede confiar en el uso histórico del cannabis para establecer un nivel de seguridad para estos productos en los seres humanos.   

4. Los productos de Delta-8 THC a menudo implican el uso de productos químicos potencialmente dañinos para crear las concentraciones de Delta-8 THC que se afirman en el mercado.

La cantidad natural de Delta-8 THC en el cáñamo es muy baja, y se necesitan productos químicos adicionales para convertir otros cannabinoides del cáñamo, como el CBD, en Delta-8 THC (es decir, conversión sintética). Las preocupaciones con este proceso incluyen:

  • Algunos fabricantes pueden utilizar productos químicos domésticos potencialmente nocivos para fabricar Delta-8 THC mediante este proceso de síntesis química. Se pueden utilizar productos químicos adicionales para cambiar el color del producto final. El producto final de Delta-8 THC puede tener subproductos potencialmente dañinos (contaminantes) debido a los productos químicos utilizados en el proceso, y hay incertidumbre con respecto a otros contaminantes potenciales que pueden estar presentes o producirse dependiendo de la composición de la materia prima inicial. Si se consumen o inhalan, estas sustancias químicas, incluidas algunas utilizadas para fabricar (sintetizar) el Delta-8 THC y los subproductos creados durante la síntesis, pueden ser perjudiciales.
  • La fabricación de productos de Delta-8 THC puede llevarse a cabo en entornos no controlados o antihigiénicos, lo que puede dar lugar a la presencia de contaminantes nocivos u otras sustancias potencialmente dañinas.   

5. Los productos de Delta-8 THC deben mantenerse fuera del alcance de los niños y las mascotas.

Los fabricantes están envasando y etiquetando estos productos de forma que puedan resultar atractivos para los niños (gomitas, chocolates, galletas, dulces, etc.).  Estos productos pueden comprarse en línea, así como en una variedad de establecimientos, incluyendo tiendas de conveniencia y gasolineras, donde puede que no haya límites de edad sobre quién puede comprar estos productos. Como se ha comentado anteriormente, se han producido numerosas alertas de centros de control de envenenamiento que implican a pacientes pediátricos que estuvieron expuestos a productos que contienen Delta-8-THC. Además, los centros de control de envenenamiento de animales han indicado un fuerte aumento general de la exposición accidental de las mascotas a estos productos. Mantenga estos productos fuera del alcance de los niños y las mascotas.

¿Por qué está notificando la FDA al público sobre el Delta-8 THC?

Una combinación de factores ha llevado a la FDA a proporcionar a los consumidores esta información. Estos factores incluyen:

  • Un aumento de los informes de eventos adversos a la FDA y a los centros de control de envenenamientos del país.
  • La comercialización, incluida la comercialización en línea de productos que resulta atractiva para los niños.
  • Preocupación por la contaminación debida a los métodos de fabricación que en algunos casos pueden utilizarse para elaborar productos comercializados de Delta-8 THC. 

La FDA está trabajando activamente con socios federales y estatales para seguir abordando las preocupaciones relacionadas con estos productos y vigilando el mercado en busca de quejas sobre los productos, eventos adversos y otros productos emergentes derivados del cannabis de potencial preocupación. La FDA advertirá a los consumidores sobre problemas de salud pública y seguridad, y tomará medidas, cuando sea necesario, cuando los productos regulados por la FDA infrinjan la ley.

Cómo reportar quejas y casos de exposición accidental o eventos adversos:

Si cree que tiene un efecto secundario grave que supone un peligro inmediato para su salud, llame al 9-1-1 o la sala de emergencias de su localidad. Se alienta a los profesionales de la salud y a los pacientes a que comuniquen las quejas, los casos de exposición accidental y los acontecimientos adversos al programa MedWatch de Información de Seguridad y Reporte de Eventos Adversos de la FDA:

Para más información sobre el Delta-8 THC:  RED DE ALERTA DE SALUD DE LOS CDC (HAN, POR SUS SIGLAS EN INGLÉS) – añada el enlace cuando esté disponible

La Asociación Americana de Centros de Control de Envenenamientos (AAPCC, por sus siglas en inglés) mantiene el Sistema Nacional de Datos sobre Envenenamientos (NPDS, por sus siglas en inglés), que alberga registros de casos no identificados de información recopilada de las personas que llamaron durante la gestión de la exposición, y llamadas de información sobre envenenamientos gestionadas por los centros de control de envenenamientos del país (PCC, por sus siglas en inglés).  Los datos del NPDS no reflejan todo el universo de exposiciones a una sustancia concreta, ya que puede haber exposiciones adicionales que no se reporten a los PCC; por lo tanto, no debe interpretarse que los datos del NPDS representen la incidencia completa de las exposiciones a cualquier sustancia en los EE. UU.  Las exposiciones no representan necesariamente un envenenamiento o sobredosis, y la AAPCC no puede verificar completamente la exactitud de cada informe.  Las conclusiones basadas en los datos del NPDS no reflejan necesariamente las opiniones de la AAPCC.

el Delta-8 THC Tiene Graves Riesgos Para la Salud

Communication Type

Short Title
5 Cosas que Debe Saber Sobre el Delta-8 Tetrahidrocannabinol – Delta-8

Source Organization

Short Description
Los productos de Delta-8 THC no están aprobados por la FDA y pueden ponerle en riesgo.

Publish Date
Thu, 09/16/2021 – 18:05

Review Date
Fri, 09/16/2022 – 12:00

Last Reviewed Date
Thu, 09/16/2021 – 12:00

Site Structure

Next Review Date
1 Year

Navigational Page

Bulk Approved

Display Short Description

First Publish Date
Thu, 09/16/2021 – 12:26

Generic Boolean


Number of Related Information to Display

Add Subscription Box

Haga clic en “Consumer Health Info” y luego marque “Artículos en español”

Email Subscription List

Subscríbase a los Artículos para el Consumidor en español

#CBD #Hemp http://www.fda.gov/consumers/articulos-en-espanol/5-cosas-que-debe-saber-sobre-el-delta-8-tetrahidrocannabinol-delta-8-thc September 16, 2021 4:02 pm

Ad valorem excise taxes are not the way to go for marijuana. 

Ad valorem excise taxes are not the way to go for marijuana. 

Ad valorem excise taxes are not the way to go for marijuana.  Ideological adversaries agree on that, if on little else!  The left-leaning Institute for Taxation and Economic Policy warned, in a detailed report, that ad valorem price-based “ad valorem” taxes on marijuana are a recipe for trouble when prices go down – as they do in every jurisdiction where legalization takes hold. https://itep.org/taxing-cannabis/  

More recently, the right-leaning Tax Foundation has joined the warning:  “states risk losing out on forecasted revenue if prices continue to go down.” https://taxfoundation.org/safe-banking-act-state-marijuana-revenues/

We needn’t use ad valorem taxes at all for marijuana.  The bill phases ad valorem taxes out, but keeps them too long, then compounds the error by de facto freezing them.  

The draft sticks precisely to the early 2017 design of the old Blumenauer-Wyden bill, with ad valorem taxes for five years before switching to “specific” (non-ad valorem) taxes, only at that late date taxing flower by weight and concentrates by THC.  See http://thehill.com/blogs/pundits-blog/economy-budget/327694-marijuana-legalization-grows-closer-with-senate-tax

2017 is a long time ago for a drug that was first legalized in 2012; we’ve come a long way in what we know since then.

That five-year delay may have had some possible justification in 2017, but not now.  But even then, ad valorem taxes were outdated.  Sure, no one was taxing anything by THC content then – but several states had already worked out taxing raw plant matter by weight, the state of the art tax system in 2017.  In the intervening four years since the 2017 bill, Canada, legalizing in 2018, moved straight into taxing flower by weight immediately, and concentrates by THC content about a year later.  No five-year delay!  The system up north seems to be humming.  Lots of states tax by weight already, and Canada has the gold standard using both bases, weight and THC.  I don’t know why we don’t just go ahead and copy it — now.

Taxing by price means that when the pre-tax price goes down, taxes do, too. So do after-tax prices.  Low taxes and cheap weed are not on some people’s wish list, but not everyone’s. After legalization, pre-tax prices are bound to wither.  Fully legal marijuana won’t sell for hundreds or even dozens of dollars per ounce, pre-tax.

But price taxes create another problem. In case of “vertical integration” like a farm-to-market operation, the bill shies away from taxing the actual price the consumer pays, so it imagines an artificial — and probably arbitrary — “constructive sale price” in section 5903.   This is the amount one person, who is both retail clerk and farmer, supposedly pays his farmer self as a wholesale price.  Shenanigans galore!  Colorado has this kind of unworkable producer price tax on the books but, finding it doesn’t work, has quietly given up. Colorado taxes producers by weight instead of by the de jure price-based ad valorem method in related party transactions.  Nevada taxes producers by weight instead of the de jure price-based ad valorem tax on its statute books, last I heard – in all transactions.

— Sent to sponsors of U.S. Senate marijuana bill.

#CBD #Hemp
Ad valorem excise taxes are not the way to go for marijuana. 
September 1, 2021 7:03 pm

Hold Hearings before legalizaing marijuana federally

Hold Hearings before legalizaing marijuana federally

Here’s one of my messages to sponsors of federal marijuana legalization bill:

Dear Senators and Staffers,

On the joint Congressional Committee that devoted four full days of public hearings to liquor taxes alone in December 1933 were a future Supreme Court Justice (Vinson), a future Speaker of the House (McCormack), and a future Vice President (Barkley).  That kind of work might well help Congress today.  The 1933 hearings were hardly a political graveyard for those who took time to listen and study tricky issues.

Those four days covered only taxes, and only liquor – not beer, not wine.  Marijuana legalization needs more work than liquor taxes did in 1933. Unlike with cannabis, we had already had lots of experience taxing liquor.  But Congress studied liquor taxation thoroughly anyway.

Hearings in the Senate Finance Committee on taxes would help, I’d say, as a tax scholar and a former staffer there.  The tax structure in the draft is going to receive severe criticism, only some of it from me, and things have changed dramatically from the Wyden-Blumenauer bill of 2017, whose tax provisions the CAOA basically copies.  Canada has started taxing THC in concentrates, for instance, and New York and Connecticut are going to try to tax it in flower.  These are new developments since 2017 – and warrant a new tax structure.  But what structure?  No one knows. 

There is lot of work for Senators and your staffs to do – and plenty of time to do it in, I suspect, as marijuana legalization will not happen overnight.

In 1933, the Committee heard input from staff, the executive branch, academics, and interested private parties (once known as special interests, now known as stakeholders).  The Ways & Means and Finance Committees reported out a bill in short order, and President Roosevelt signed it in January.  A success story — the result of listening and working.

Here’s the source material, attached. [Newrevenue readers — ask by email for a google drive copy of the large file if you want.]

 Tax on Intoxicating Liquor, Joint Hearings Before the Committee on Ways and Means, House of Representatives and the Committee on Finance, United States Senate, 73d Congress, Interim, 1st and 2d Sessions, Dec. 11-14, 1933, at 309.  

#CBD #Hemp
Hold Hearings before legalizaing marijuana federally
August 29, 2021 9:51 pm

Technical tax comment on federal marijuana bill

Technical tax comment on federal marijuana bill

Comment on the Cannabis Administration and Opportunity Act draft submitted to the Act’s authors:

I don’t understand what (B) is doing in new 26 U.S.C. 5902(a)(2).  


The term ‘THC-measurable cannabis product’ means any cannabis product—

‘‘(A) with respect to which the Secretary has made a determination that the amount of tetrahydrocannabinol in such product (or any particular category of products which includes such product) can be measured with a reasonable degree of accuracy—

 ‘‘(i) consistent with good commercial practice, and

 ‘‘(ii) sufficient to protect the revenue and the public, or

 ‘‘(B) which is not cannabis flower and the concentration of tetrahydrocannabinol in which
is significantly higher than the average such concentration in cannabis flower.


 If (A) is satisfied, OK, we know how to measure THC in this product.  Case closed.

If (A) is not satisfied, THC can’t be accurately measured, so at first blush, tax should not be calculated by THC.  

But maybe (B) taxes by THC content something where THC can’t be certifiably accurately measured.  I don’t understand.  (A) alone, without (B), seems to do the job.

(B) seems unnecessary and confusing.  What is (B) supposed to do?  I don’t know.

Thank you.

#CBD #Hemp
Technical tax comment on federal marijuana bill
August 28, 2021 3:43 pm

The profit motive and medical marijuana in North Carolina

The profit motive and medical marijuana in North Carolina

Here are comments on North Carolina SB711 sent to Senators on the Health Committee.


John D. Rockefeller, Jr., was a Baptist teetotaler who opposed alcohol and a Republican businessman who liked the profit motive.  When prohibition was repealed in 1933, Rockefeller didn’t want profit-maximizers retailing liquor.  For health and temperance, he said, let the states themselves sell liquor—and that’s the North Carolina way.  

This bill would let just 10 big companies sell medical cannabis.  If the recreational kind is legalized, those companies will say, “Hooray,” and line up to control the recreational market.  That’s the profit motive.

There’s a more restrictive way than SB711, proven in Canada: Sell medical cannabis only through government retailers—online only, delivered to the patient’s door.  No glitzy storefronts, no marketing to tempt the weak.  No lawsuits claiming cartoons and advertising are protected free speech under the North Carolina Constitution.

Marijuana sellers will say state-run sales are a nonstarter because marijuana is federally illegal, but that’s a diversion.  The federal government simply doesn’t care.  The State of Louisiana has been openly growing and selling marijuana for years – with impunity.  The federal government hasn’t batted an eye.

How about the voters?  In a 2013 North Carolina poll, state marijuana sales beat private sales by 3-to-1.  The full poll with cross-tabs is at https://newtax.files.wordpress.com/2013/03/nc-marijuana-polling-march-2013.pdf.

Sure, if state sales are inept and bureaucratic, the illegal market will step up.  But the kind of licensing proposed in SB711 creates a host of problems.  Medicine will be delayed as folks who didn’t get licenses go to court to protest.  Out-of-state interests will go to court to say the bill’s residence restrictions are unconstitutional.  Winning licensees will go to court to say the bill’s advertising rules improperly restrict free speech under the North Carolina Constitution.  Winning licensees may “flip” valuable licenses for huge sums – and shareholders in winning corporate licensees may “flip” their ownership interests to new shareholders – all for huge windfalls.  And naturally enough, winning licensees will aim to maximize sales and profits.

State sales are no easy answer, but they can be safe, quiet, and restrictive.  The profit motive has its place, but for marijuana, maybe North Carolina can restrict it.


Thank you for this opportunity, and for listening to me and others.  

#CBD #Hemp
The profit motive and medical marijuana in North Carolina
August 28, 2021 2:25 pm

Improving the Medical Cannabis Production Commission in North Carolina

Improving the Medical Cannabis Production Commission in North Carolina

Draft statement of Pat Oglesby, Center for New Revenue, for the North Carolina Senate Judiciary Committee meeting August 18 at 2 p.m.

Medical marijuana is coming to North Carolina, like it or not.  Like most people, I’m for that.

But Senate Bill 711 could be improved in a lot of ways, I think.

Here’s one.

New N.C.G.S. section 90-113.122 would say the Medical Cannabis Production Commission is to have two industry representatives among its nine members.  The industry doesn’t need representatives on the Commission. Marijuana sellers can lobby the Commission quite readily, just as they can present their views to the North Carolina Senate without being Senators.

The industry naturally wants to maximize profits, and maximize sales.  That’s the American way.  But why should industry representatives vote about how to regulate themselves?  That’s regulatory capture.  The Commission needs to serve the general public interest.  We don’t mandate power companies on the Utilities Commission.  We don’t mandate liquor companies and bar owners on the North Carolina Alcoholic Beverage Control Commission.  We mandate professors on the UNC Board of Governors.  The way the bill is written now, the Commission is of the marijuana sellers, by the marijuana sellers, for the marijuana sellers.  

Let’s not put any foxes on the Henhouse Commission.

#CBD #Hemp
Improving the Medical Cannabis Production Commission in North Carolina
August 18, 2021 2:21 pm

Medical marijuana money in NC

Medical marijuana money in NC

Speaking to the North Carolina Senate Finance Committee on medical marijuana money, 19’26” mark on video:https://www.wral.com/nc-medical-marijuana-bill-approved-by-another-senate-panel/19782886/

And here’s a verbatim transcript, all too accurate, I’m afraid, in reporting my stream-of-consciousness delivery:

“I’m Pat Oglesby with the Center for New Revenue. I think you’re leaving a lot of money on the table here. $50,000 [for an intial license]. These folks would if you had an auction, I hesitate to think how many people, how much money people would pay for these licenses . . .  in Maryland last earlier this month, a medical marijuana license [sold] for $8 million dollars … there’s another way and Canada has done it. They have the provinces have, there have a monopoly on medical marijuana, That’s how it started delivery only. Online only. No glamour, no glitz. The patients just get the patients the medicine and the government gets the money.  In Louisiana. The government gets the money that the state of Louisiana has a monopoly on medical marijuana growing and it uses the L. S. U. And Southern University which correspond to our N. C. State and A. N. T. And they get that money. Now people say, well then the patient is not going to buy it from the government. They don’t trust the government and that may be true, but I trust the government and that’s why I’m here today and I really hope you all take a good look, getting some more revenue out of this thing. Thank you very much.”

#CBD #Hemp
Medical marijuana money in NC
August 1, 2021 9:13 pm

Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana

Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana

Mr. Chairman and Members of the Committee:

Thank you for having me.  I’m Pat Oglesby.  I live in Senator Foushee’s district now, but I’m originally from the home of the Shad Festival, Grifton.  I’ve practiced tax law, been a staff lawyer for the Joint Congressional Committee on Taxation and the U.S. Senate Finance Committee, taught classes at the Kenan-Flagler Business School, and been a member of angel investment groups.  I’ve founded the Center for New Revenue, a non-profit that looks at marijuana revenue, and advised state governments on marijuana, pro bono and for pay.  

I’m an analyst, not an advocate.  There’s a lot of money on the table.  A billion dollars’ worth of medical marijuana was soldin the first 40 months of medical-only legalization in Maryland.  This month, a single medical marijuana license there sold for $8 million.

There’s another way.  In Canada, provinces started out having a government retail medical marijuana monopoly – online only, delivery only, no glitz.  In Louisiana, the 2 land grant universities, LSU and Southern, have had a monopoly on growing medical marijuana for years.  Federally illegal!  Yes, but the federal government knows that, and is winking – and not lifting a finger.

There are pros and cons.  The for-profit model is likely to be more efficient and patient-friendly.  Government can be bureaucratic.  Buying from the government is like chowing down at the school cafeteria; buying from entrepreneurs is like dining on Restaurant Row. Government sales cost more to start up, though they bring in more revenue in the long run. Government sellers can set fair prices and prevent diversion.  They won’t try to boost demand, and won’t say advertising restrictions are unconstitutional. 

Maybe people don’t trust government.  But in a 2013 poll, North Carolina voters preferred government marijuana sales over private sales by a 3 to 1 margin.  The poll is available at www.newrevenue.org.  

Patients need medicine.  Someday, somehow, we’ll stop making them break the law.  There’s no single right way to do it – but a lot to think about.  I wish you well.


Speakers were given only 2 minutes instead of the 3 I hoped for, so I ad libbed. More to come.

#CBD #Hemp
Prepared remarks for NC Senate Finance Committee, July 22, 2021, on medical marijuana
July 28, 2021 8:05 pm

Marijuana sales in North Carolina, public or private? 2013 poll

Marijuana sales in North Carolina, public or private? 2013 poll

Full results with more cross-tabs are at https://newtax.files.wordpress.com/2013/03/nc-marijuana-polling-march-2013.pdf. I hope to refer to this poll at a meeting of the North Carolina Senate Finance Committee the afternoon of July 21, 2021.

#CBD #Hemp
Marijuana sales in North Carolina, public or private? 2013 poll
July 21, 2021 6:32 am

Senate Marijuana Bill’s Taxes Are Old-Fashioned.

Senate Marijuana Bill’s Taxes Are Old-Fashioned.

The new Schumer-Wyden-Booker marijuana legalization bill is available.

It’s disappointing that the sticks precisely to the early 2017 design of the Blumenauer-Wyden bill, with ad valorem taxes for five years before switching to “specific” (non-ad valorem) taxes, only at that late date taxing flower by weight and concentrates by THC.  See http://thehill.com/blogs/pundits-blog/economy-budget/327694-marijuana-legalization-grows-closer-with-senate-tax. 2017 is a long time ago for a drug that was first legalized in 2012; we’ve come a long way in what we know since then.

That five-year delay may have had some possible justification in 2017, but not now.  But even then, ad valorem taxes were outdated.  Sure, no one was taxing anything by THC content – but several states had already worked out taxing raw plant matter by weight, the state of the art tax system in 2017.  In the intervening four years, Canada, legalizing in 2018, moved straight into taxing flower by weight immediately, and concentrates by THC content almost immediately.  No five-year delay!  The system up north seems to be humming.  Lots of states tax by weight already, and Canada has the gold standard using both bases, weight and THC.  I don’t know why we don’t just go ahead and copy it — now.

#CBD #Hemp
Senate Marijuana Bill’s Taxes Are Old-Fashioned.
July 15, 2021 6:41 pm

Hemp & Fascism

Regarding Hemp in Italy, from Canapando:

“Cannabis & Fascism

A small excerpt from the history of Hemp at the time of Fascism.

Many know the numerous uses that can be made of hemp and that its cultivation and exploitation by man dates back more than 2500 years ago.

However, not everyone knows that Italy has a prestigious tradition in this field both for the quality and quantity of cannabis produced.

Among other things, paradoxically, the heyday for the Italian hemp sector was between the early 1920s and the mid 1940s, in the midst of the Fascist period.

Between the end of the 19th century and the beginning of the 20th century, the Italian hemp yarn was renowned all over the world for its softness, luster and whiteness.

These crops were mainly distributed in Northern Italy and it is estimated that in 1923 the sector employed about 20,000 people as reported in the Catalog of the Linificio e Canapificio Nazionale. This catalog was an expression of the national industrial association. In short, it was not the stuff of long-haired junkies as a certain part of public opinion wants to pass those who do business with this plant, but prestigious businessmen.

Important processing plants for this plant were located in Cassano d’Adda, where already in 1895 there was a rope factory that exported all over the world and in Genoa which boasted a company of yarns for the naval industry first in the whole Mediterranean for production.

Italy was so advanced in Europe that in 1913 the Reich Office for the Interior drafted a report on the cultivation and processing of hemp in Italy.

This is an excerpt: “ The overall extension of hemp cultivation in Italy is currently to be estimated at around 90,000-100,000 hectares. In the first place is definitely Emilia, in particular the province of Ferrara, where about 12% of the entire surface is worked with hemp ”.

In 1918 the union of Spinners and Hemp Weavers was born.

Of course, this sector too was coordinated and supervised by the Fascist Farmers Confederation, which controlled all the consortia.

In practice, it regulated production, proportioning it to the demand for consumption, using the most suitable land and areas, but also valued the products, seeds and derivatives, and promoted the maceration processes of the fiber and the technical evolution.

The importance of the hemp sector was such that the Duce himself put it this way in 1925 : “Hemp was placed by the Duce, on the agenda of the nation, because autarchic par excellence is destined to emancipate us as much as possible from the heavy tax we have again abroad in the textile fiber sector. It is not only the agricultural economic side, there is also the social side whose impact could not be better highlighted than by the following figure: 30,000 workers to whom the Italian hemp industry employs”.

The beginning of the decline in the reputation of cannabis came a few years later when the historical process that led us to the falsifications and mystifications of today begins.

Hashish, its recreational derivative, is declared an enemy of race and drugs by “ner**i”.

Despite this, the industrial use of the plant continued to grow until the end of the Second World War.

In 1941, ENEC , the National Hemp Exporting Body, was born , which has a monopoly on the sale abroad of both raw and combed hemp and hemp tow and controls the export of manufactured goods. Also in the same year, the area cultivated with hemp went from 60 thousand hectares in 1934 to 102 thousand .

This is the peak of production in Italy, from here on an unstoppable meltdown will begin.

A decline desired by politics and international lobbies, which have pushed the use of fibers derived from petroleum such as rayon, nylon or cotton.

On the other hand, Italy had entered the western bloc and the Marshall Plan did not allow for replicas in terms of industrial and economic strategic choices.

Thus the American boycott together with its prohibition makes it an ideological question and defines the contours of an evil work: the slow decline of one of the most useful plants for man and its demonization.

The result was the national extinction of all types of crops in 1971.”

Congress: S. 1698: A bill to allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.

S. 1698: A bill to allow for hemp-derived cannabidiol and hemp-derived cannabidiol containing substances in dietary supplements and food.
Introduced: Sponsor: Sen. Ron Wyden [D-OR]

This bill was referred to the Senate Committee on Health, Education, Labor, and Pensions which will consider it before sending it to the Senate floor for consideration.

1 cosponsor is on that committee.

#CBD #Hemp
May 19, 2021 4:00 am

Cheese = Schedule 1?

Cheese is dangerous and of “no medical value” with a “high potential for abuse.” It meets all the requirements for Schedule I, unlike Cannabis.

I actually sold over $100 million in TofuRella cheese alternative, so I know all-too-well the heartbreak of cheese addiction. It starts with a little cheddar or jack, then increases to brie and gouda. Eventually they’re found hustling the streets for american processed cheese food slices.

“Oral administration of a form of sugar found in milk causes brain damage in rats. If we use the current model and justification for marijuana prohibition, it looks like milk, cheese and ice cream should be placed in Schedule 1.” Clint Werner

Read more at: https://pubmed.ncbi.nlm.nih.gov/26748256/

DEA Opens Up Pot Research With Scientist Agreements

DEA Opens Up Pot Research With Scientist Agreements The U.S. Drug Enforcement Administration told researchers on Friday that it is likely to allow them to grow marijuana for their work, opening up the field of cannabis science after President Joe Biden said he wanted more information before he would consider federal legalization. #CBD #Hemp https://www.law360.com/cannabis/articles/1385153?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 10:01 pm

Cannabis Bill Roundup: Neb. Advocates Eye Medical Pot Redo

Cannabis Bill Roundup: Neb. Advocates Eye Medical Pot Redo In the past week, Republican members of Congress pitched their own proposal for decriminalizing cannabis while medical marijuana advocates in Nebraska announced they would take the battle from the statehouse to the ballot box. Here are the major developments in cannabis law reform. #CBD #Hemp https://www.law360.com/cannabis/articles/1384905?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 9:25 pm

REIT Innovative Industrial Buys Pa. Property For $42M

REIT Innovative Industrial Buys Pa. Property For $42M Innovative Industrial Properties has purchased an industrial property in Pittsburgh from cannabis operator Parallel for roughly $41.8 million, according to an announcement Friday from the cannabis-focused real estate investment trust. #CBD #Hemp https://www.law360.com/cannabis/articles/1384875?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:58 pm

Minn. House OKs Legalizing, Taxing Recreational Marijuana

Minn. House OKs Legalizing, Taxing Recreational Marijuana Minnesota would legalize recreational marijuana and impose gross receipts and use taxes on sales of cannabis products under a bill passed by the state House of Representatives. #CBD #Hemp https://www.law360.com/cannabis/articles/1384910?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:41 pm

Fla. Appellate Court Tosses Investors From $17M Pot Co. Suit

Fla. Appellate Court Tosses Investors From $17M Pot Co. Suit A Florida appellate panel dismissed nine investors’ fraud claims Friday against cannabis company American Patriot Brands in a wide-ranging lawsuit after finding they had agreed to litigate any disputes over their investments in the California-based company. #CBD #Hemp https://www.law360.com/cannabis/articles/1384988?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:35 pm

Miss. High Court Overturns Medical Pot Ballot Measure

Miss. High Court Overturns Medical Pot Ballot Measure Mississippi’s Supreme Court on Friday overturned a voter-approved measure to legalize medical cannabis, ruling that the election law governing ballot referendums in the state has been out of date for nearly 20 years. #CBD #Hemp https://www.law360.com/cannabis/articles/1385105?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 5:07 pm

Ex-Mayor Convicted In Boston's 1st Big Trial Of Pandemic

Ex-Mayor Convicted In Boston's 1st Big Trial Of Pandemic A Boston federal jury on Friday convicted the former mayor of Fall River, Massachusetts, on most counts in a case alleging he stole from investors and separately extorted cannabis businesses, handing prosecutors a win in the district’s first high-profile criminal trial since the COVID-19 pandemic began. #CBD #Hemp https://www.law360.com/cannabis/articles/1383266?utm_source=rss&utm_medium=rss&utm_campaign=section May 14, 2021 12:22 pm

Pot Businesses Face Texting Bans, Industry Group Says

Pot Businesses Face Texting Bans, Industry Group Says The National Cannabis Industry Association says some of its members that use text messaging to market their products and stores are finding themselves shut out of texting platforms, as the industry faces lawsuits over unwanted texts and cell service providers crack down on marketing messages. #CBD #Hemp https://www.law360.com/cannabis/articles/1384667?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 9:56 pm

CDB Processor Wins Extension In Contract Dispute Case

CDB Processor Wins Extension In Contract Dispute Case A Kentucky federal judge granted a CBD processor an additional three weeks Thursday to potentially avoid a $634,500 default judgment arising from its dispute with a hemp supplier, despite months of inaction on the CBD company’s part. #CBD #Hemp https://www.law360.com/cannabis/articles/1383628?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 8:48 pm

Okla. Says Pot's Federal Illegality Dooms Residency Challenge

Okla. Says Pot's Federal Illegality Dooms Residency Challenge The state of Oklahoma once again defended its residency rules for medical cannabis licensees, telling a federal judge on Wednesday that there can be no constitutional protections for interstate marijuana commerce because the drug is federally illegal. #CBD #Hemp https://www.law360.com/cannabis/articles/1384556?utm_source=rss&utm_medium=rss&utm_campaign=section May 13, 2021 8:22 pm

Trulieve Says Investors' Moldy Pot Suit Doesn't Pass Muster

Trulieve Says Investors' Moldy Pot Suit Doesn't Pass Muster Florida’s largest medical cannabis company has asked a federal judge to toss a consolidated securities suit once and for all, saying the investors had failed to allege that the company misled anyone about the risks of crop contamination. #CBD #Hemp https://www.law360.com/cannabis/articles/1383620?utm_source=rss&utm_medium=rss&utm_campaign=section May 12, 2021 9:21 pm

GOP Reps. Pitch Bill To Federally Decriminalize Cannabis

GOP Reps. Pitch Bill To Federally Decriminalize Cannabis Republican congressmen on Wednesday introduced a bill that would decriminalize cannabis federally, direct federal regulators to develop rules overseeing its sale and grant safe harbor to financial institutions that bank with the industry. #CBD #Hemp https://www.law360.com/cannabis/articles/1384247?utm_source=rss&utm_medium=rss&utm_campaign=section May 12, 2021 8:23 pm

2 Charged For Roles In $650M Weed, Cattle Ponzi Scheme

2 Charged For Roles In $650M Weed, Cattle Ponzi Scheme An indictment unsealed Tuesday in Colorado federal court charged an Illinois woman and a Georgia man over their roles in a Ponzi scheme involving cannabis and cattle that raised around $650 million from investors nationwide, the U.S. Department of Justice said Wednesday. #CBD #Hemp https://www.law360.com/cannabis/articles/1384177?utm_source=rss&utm_medium=rss&utm_campaign=section May 12, 2021 7:18 pm

Privately Held Pot Co. Raises $55M In Deal Led By 2 Firms

Privately Held Pot Co. Raises $55M In Deal Led By 2 Firms Privately held multistate cannabis company Holistic Industries raised $55 million through a convertible note in a transaction guided by Feuerstein Kulick LLP and Stroock & Stroock & Lavan LLP, it said Tuesday. #CBD #Hemp https://www.law360.com/cannabis/articles/1383728?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 8:14 pm

Boston Weighing Tighter Restrictions On Pot Delivery

Boston Weighing Tighter Restrictions On Pot Delivery Boston’s cannabis regulator announced Tuesday that it was considering changing city rules to require marijuana sellers to get the agency’s permission in order to make deliveries. #CBD #Hemp https://www.law360.com/cannabis/articles/1383812?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 7:43 pm

Court Tosses RICO Claims Against Cannabis Cos.

Court Tosses RICO Claims Against Cannabis Cos. A Massachusetts federal judge on Tuesday dismissed racketeering claims against a group of New Mexico cannabis companies, saying that a purported plan to open a medical marijuana treatment center did not amount to coordinated criminal activity. #CBD #Hemp https://www.law360.com/cannabis/articles/1383658?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 7:35 pm

Cannabis Co. Says It Was Elbowed Out Of Extractor Deal

Cannabis Co. Says It Was Elbowed Out Of Extractor Deal Cannabis tech company SHO Products LLC is seeking at least $1 million in damages in California federal court from an inventor that it claims violated an exclusivity agreement by leasing a commercial cannabis resin extraction unit called the Hashatron without including SHO in the deal. #CBD #Hemp https://www.law360.com/cannabis/articles/1382837?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 6:41 pm

Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

Pepsi Must Cover Med Pot Costs After NJ High Court Ruling A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act. #CBD #Hemp https://www.law360.com/cannabis/articles/1383507?utm_source=rss&utm_medium=rss&utm_campaign=section May 11, 2021 4:09 pm

Congress: H.R. 841: Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021

H.R. 841: Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021
New Cosponsors: New Cosponsor: Rep. Antonio Delgado [D-NY19]
New Cosponsor: Rep. Nancy Mace [R-SC1]

The bill now has 25 cosponsors (16 Democrats, 9 Republicans).

#CBD #Hemp
May 11, 2021 4:00 am

Canopy Didn't Mean To Mislead Investors, Judge Says

Canopy Didn't Mean To Mislead Investors, Judge Says A New Jersey federal judge has granted major pot company Canopy Growth’s bid to escape an investor class action accusing it of misleading them about the strength of the Canadian cannabis market, ruling the investors didn’t show that the company intentionally deceived them. #CBD #Hemp https://www.law360.com/cannabis/articles/1383075?utm_source=rss&utm_medium=rss&utm_campaign=section May 10, 2021 7:59 pm

CBD Co. Agrees To Pay $500K Over Health Claims

CBD Co. Agrees To Pay $500K Over Health Claims Cannabis company Cannacraft agreed to pay more than $500,000 in penalties to settle charges brought by a California consumer protection task force accusing it of improperly marketing CBD products as treatments for cancer, Alzheimer’s disease and more. #CBD #Hemp https://www.law360.com/cannabis/articles/1383109?utm_source=rss&utm_medium=rss&utm_campaign=section May 10, 2021 4:11 pm

4 Firms Guide Trulieve's $2.1B Deal For Pot Industry Peer

4 Firms Guide Trulieve's $2.1B Deal For Pot Industry Peer Trulieve Cannabis Corp. will absorb Harvest Health & Recreation Inc. for roughly $2.1 billion to create a premier player in the U.S. pot industry, the companies said Monday, in a transaction put together with help from four law firms. #CBD #Hemp https://www.law360.com/cannabis/articles/1382968?utm_source=rss&utm_medium=rss&utm_campaign=section May 10, 2021 11:04 am

THC + CBD and Memory Study

THC + CBD and Memory Study

Conditions: Marijuana Use; Cannabis Use; Cannabis Intoxication
Interventions: Drug: High THC/No CBD Marihuana; Drug: High THC/High CBD Marihuana; Drug: No THC/No CBD Marihuana
Sponsors: Hartford Hospital; Yale University. Not yet recruiting

Cannabis Bill Roundup: Medical Pot Advances In The South

Cannabis Bill Roundup: Medical Pot Advances In The South Lawmakers in a host of southern states this week advanced or approved bills to reform or create a medical cannabis program, while in states where marijuana is already fully legal, legislators are moving ahead with policies allowing for home grow and union participation in the space. Here are the major legislative developments in cannabis from the last week. #CBD #Hemp https://www.law360.com/cannabis/articles/1382639?utm_source=rss&utm_medium=rss&utm_campaign=section May 7, 2021 8:55 pm

Medical Pot Co. Says IT Biz Faked Signature In $10M Contract

Medical Pot Co. Says IT Biz Faked Signature In $10M Contract A cannabis sales software company has asked a Pennsylvania federal judge to dismiss a subcontractor’s suit over its termination from a $10 million state contract it said was secured based on its status as a Black-owned IT company, saying the subcontractor forged a signature for an unaccepted counteroffer. #CBD #Hemp https://www.law360.com/cannabis/articles/1382529?utm_source=rss&utm_medium=rss&utm_campaign=section May 7, 2021 7:12 pm

UCANN Says It Doesn't Owe Atty Fees After Patent Suit

UCANN Says It Doesn't Owe Atty Fees After Patent Suit United Cannabis Corp. is fighting CBD company Pure Hemp Collective’s bid for $300,000 in attorney fees after United Cannabis dropped a patent infringement suit against the company, arguing it has no liability because Pure Hemp willingly dropped its claims as well. #CBD #Hemp https://www.law360.com/cannabis/articles/1382169?utm_source=rss&utm_medium=rss&utm_campaign=section May 6, 2021 5:31 pm

Pot Co. Can't Sell Nerds Knockoff, Calif. Judge Says

Pot Co. Can't Sell Nerds Knockoff, Calif. Judge Says A California cannabis delivery company can’t sell “Medicated Nerds Rope” after the maker of Nerds brand candy filed a trademark infringement suit against the delivery company, a federal judge in Los Angeles has determined. #CBD #Hemp https://www.law360.com/cannabis/articles/1381886?utm_source=rss&utm_medium=rss&utm_campaign=section May 6, 2021 5:16 pm

Ex-Mayor's Fraud, Bribery Case Nears End As Defense Rests

Ex-Mayor's Fraud, Bribery Case Nears End As Defense Rests A Massachusetts federal jury could begin deliberations as soon as Monday in the fraud and corruption trial of the former mayor of Fall River, after the ex-politician presented a brief defense against claims he drained investor cash from his startup and extracted bribes from cannabis entrepreneurs looking to open in the city. #CBD #Hemp https://www.law360.com/cannabis/articles/1382135?utm_source=rss&utm_medium=rss&utm_campaign=section May 6, 2021 4:28 pm

Ex-Mass. Pot Regulator Joins Vicente Sederberg

Ex-Mass. Pot Regulator Joins Vicente Sederberg One of Massachusetts’ first cannabis regulators has taken a position at cannabis-focused law firm Vicente Sederberg LLP as its first director of regulatory policy, the firm recently announced. #CBD #Hemp https://www.law360.com/cannabis/articles/1381757?utm_source=rss&utm_medium=rss&utm_campaign=section May 6, 2021 3:45 pm

Ex-Calif. Officials Each Get 2 Years In Pot Permit Bribe Row

Ex-Calif. Officials Each Get 2 Years In Pot Permit Bribe Row Two former California city officials on Wednesday were each sentenced to two years in prison for accepting bribes in exchange for expediting a cannabis dispensary permit application, according to a statement from the U.S. Department of Justice. #CBD #Hemp https://www.law360.com/cannabis/articles/1382009?utm_source=rss&utm_medium=rss&utm_campaign=section May 5, 2021 10:52 pm

Pot Connection May Complicate Claims To 'Raw' Brand Name

Pot Connection May Complicate Claims To 'Raw' Brand Name An Arizona federal judge is refusing to end a trademark dispute between a cannabis company and a smoking materials maker over the word “raw,” saying it’s too early to decide if a link to illegal products voided trademark protection. #CBD #Hemp https://www.law360.com/cannabis/articles/1381785?utm_source=rss&utm_medium=rss&utm_campaign=section May 5, 2021 8:51 pm