CBD-Only Legislation Will Likely Be Unworkable For Most Patients

Lawmakers in four states — Alabama, Georgia, Kentucky, and Utah — are poised to enact legislation in the coming days/weeks aimed at providing patients, primarily children with forms of intractable epilepsy, with strains of cannabis and/or cannabis extracts high in the compound cannabidiol (CBD).

I have previously written why, in theory, these proposals will likely provide only limited relief for patients. A closer look at the text of these proposed laws indicates that, in fact, they are largely unworkable and will most likely provide no tangible relief or protection for the patient community they are intended to serve.

Excerpt via Alternet.org. (Read the entire article here.)

Alabama: Senate lawmakers unanimously approved SB 174, aka “Carley’s Law,” which seeks to allow investigators at the University of Alabama to study CBD in FDA-approved trials. But no change in state law is actually necessary to permit state university researchers to conduct clinical trials on cannabidiol. Such FDA-approved protocols are already permitted under federal law, but they require the added approval of regulators at the DEA, NIDA (National Institute on Drug Abuse), and PHS (Public Health Service). However, since CBD (like marijuana) is classified as a Schedule I substance under federal law, these agencies have historically been reticent to allow such studies to go forward, a fact that will likely remain unchanged even if House members similarly sign off on Carley’s Law.

Georgia: A Senate panel last week amended and approved House Bill 885, aka “Haley’s Hope Act.” …The amended Senate plan … only provides for an exemption from state prosecution for those who obtain CBD oil from a legal medical marijuana state and transport it back to Georgia. In theory, this would allow Georgia parents to visit a state like Colorado to obtain medicine for their children. But in practice, Colorado’s medical marijuana law only allows those who are state residents and who possess a state-issued patient identification card to legally purchase such products. In other words, Georgia parents would have to violate Colorado law to obtain CBD-oils (which are likely to only be available from a medical dispensary, not a retail cannabis market). Colorado medical marijuana dispensaries would also be in violation of not just the letter of the law, but also the spirit of the law by providing a product they know is intended to be transported across state lines—a clear violation of the guidelines put forward in the August 2013 Department of Justice memo which call for “preventing the diversion of marijuana from states where it is legal in some form to other states.”

Kentucky: Senators last week gave unanimous approval to Senate Bill 124. Like Alabama’s proposal, the bill calls on University of Kentucky researchers to study CBD in clinical trials — something they could do with or without passage of a new state law, if the necessary federal agencies agreed to it. The measure also seeks to allow physicians at state teaching hospitals to recommend CBD to patients. However, past experience from other states indicates that this latter scenario is unlikely. In 2013, Maryland lawmakers enacted legislation to allow physicians at the state’s limited number of teaching hospitals to dispense cannabis. To date, no Maryland hospitals have taken up the state’s invitation to do so.

Utah: House and Senate lawmakers have given final approval to House Bill 105. Utah’s governor is expected to sign the measure into law imminently. Like Georgia’s proposal, the Utah measure, which sunsets in 2016, provides protection from state prosecution for parents who can acquire CBD-oil for their epileptic children, assuming a neurologist has authorized the treatment. But, as will be the case in Georgia, Utah patients will likely only be able to obtain CBD from out of state, an act that would violate neighboring states’ medical cannabis laws. The Utah proposal also calls on the state Department of Agriculture to grow industrial hemp for the purposes of one day producing cannabis medicines. However, it remains to be seen whether such industrial crops can yield therapeutically effective CBD-extracts or whether federal lawmakers would even allow such a state-sponsored research project to move forward.

57 thoughts

  1. imo none of those who benefit from prohibition, directly and indirectly, will be converted before the prohibition has ended.

    The scheduling system, if kept, should be overhauled as to be at least a little bit “scientific” and “objective” and based on our understanding of pharmacology, and therefore useful and practical, not capriciously labeled with no reasoning or good reasons to support it, but instead relies on misinformation and conditioned animosity towards cannabis as a “bad drug” when there are many bad drugs out there, ther are legal and prescribed.

    Dr. Gupta pointed out in his position and plea for cannabis reforms that many thousands die from taking prescription and OTC meds that are legal…yet where is all the “concern” for drug safety in those cases? That’s right.

    Prohibitionists won’t stop from their habituated routines of slanderous propaganda, manipulating public policy, suppressing research through institutional means (drug war agencies, NIDA esp.), until t h e y h a v e t o d o s o, and finally face the facts.

    Will they be punished for dereliction of duty? Hmmm…In a system where the career politicians vote to give themselves raises…it would seem unlikely that they will punish themselves.

    And as we know, there is no governing body to monitor and check the monolith of over 20 federal agencies simply related to CSA drugs, operated on budget deficits when they’re ineffective. failed. parasitic.

    If there is any oversight to hold them accountable, which doesn’t seem like the case, at all, besides through court appeals from the unjustly charged, so they’re ineffective fails too.

    imo, first. dismantle. abolish the agencies and staff positions, regulation of all substances, instead of imprisonment.

    second. transfer those workers into the system of prisons. their rates of suicide will spike just from working that position, but facing the people locked up (most for petty drug war rules, non-crimes) on a daily basis.

    Maybe they can babysit the children who have lost a parent who would’ve been present if not for imprisonment or social services determining “what is best,” usually that “illegal” drug use is part of a broken home, but prohibition is what makes use or possession dangerous, not the substances themselves. As stated many times, the sincere and genuine problem caused by cannabis, is the wrong-headed, wrong-doing policies surrounding cannabis.

    “Legal” Rx drugs have no bearing on whether a parent is considered fit to care for their children.

    These people aren’t going to ‘change their minds’ or ‘reconsider’ their positions, for the most part, and those who have already done so, likely endure silence and compliance out of fear or job loss.

    The end of the drug war, and the need to find new work, hopefully not another substance to demonize, criminalize, to keep the courts swamped with the busy work of harrassing people at best, wrongful imprisonment, forfeiture, brutality and robbing people of the opportunity cost of living free and working instead of sitting idle in a cage.

    It’s surprising there is no death penalty in the US for cannabis use or possession like in some countries, like Singapore.

    We know well now that the worse the punishments cause the price of illicit substances to spike, as well as the related violence. The death penalty in those countries, imo, have governments subverted and helpless under the thumbs of drug cartels.

    The governments with policies that are lenient or prudently lax on their punishments, if any, will more likely be FREE from organized crime plaguing the cities, controlling government officials, through intimidation, bribery, killings, election rigging, and armed in-fighting.

    This would just make sense, considering the more harsh the penalties, the worse the problems that prohibition causes directly become exponentially worse.

    And so then, no punishments, criminal penalties and convicions, would be the norm, like is the case for people who can buy alcohol or tobacco, at their own peril, but without fear of no-knock home invasion, financial seizure, or panicky cops “accidentally” shooting family and pets.

    Prohibition of alcohol created organized crime and the amendment that ended prohibition preceded a rapid diminishment in the murder rate and activities by organized crime.

    Cause and effect. We all know this. Repeating prohibition with this knowledge makes them culpable. Will they be punished, very likely not in the courts. Maybe the stain on their resumes might not help in the new job search. What kind of accomplishments can one list when the drug war has been a steady failure from the start?

    “Collected paychecks diligently”

    “Enjoyed the early portrayals of drug warriors as heroes, saving the children, etc., till people caught on to the act”

    Retribution will come from, if you’ll entertain the notion, Karma and Universal Justice, either of which may not accept the claim “I was just following orders,” because that’s not a reason, but an excuse. And even if there is no proof that what comes around, goes around is a correct statement, but no proof refuting it, either.

  2. I was perusing the FDA Schedule I List; Peyote is listed as Schedule I as is Mescaline
    There are many Herbs being “investigated by FDA; not for their medicinal use though ! being investigated to “ban the sales of Herbs!

    For example the KHAT Herb; a mild stimulant; being investigated as a controlled act; there is the KRATOM leaf; illegal in certain nation.

    Herbs should be studied and used; not “banned!

  3. I am curious, do you that have aspergers syndrome find cannabis a benefit to you? might you find that the high cbd, low thc version may be as beneficial? I am of the standard version myself because of the comfort factor for sure. the buzz offers that and I would not enjoy it without the reasonable buzz from consuming a small portion. life was so much better with just a little herb in my daily life. without it I am nothing more than a hiding, slow thinking, frustrated social misfit.

  4. Unfortunately, the state’s have forgotten about the tenth amendment. The government workes for the people who we elect for our state. We don’t work for the government.

    The state’s have the right to conduct their own studies without the DEA or Federal Government getting involved. Now if I’m wrong please correct me.

    Marijuana should not be classified as a schedule 1. The only reason it was because of racism. More people are addicted to prescription pills then ever. The pharmaceutical companies industry is making a fortune and have very powerful lobbyists. The pharmaceutical companies want to make sure it stays a schedule 1 because it would cut into their profits if marijuana was legal. People would be less dependent on pharmaceutical drugs.

    I would like to see how many violent crimes have been committed where marijuana was involved or was the cause of the crime. Have a study where law enforcement officer are asked all over the United State’s have they been to a domestic dispute were alcohol was involved and not marijuana.

    The only fight you would see with someone who is under the “influence” of marijuana would be with a bag of chips.

  5. Dustin wrote: The only fight you would see with someone who is under the “influence” of marijuana would be with a bag of chips.

    my comment: “ain’t that the truth !!!
    Marijuana is a Medicinal Herb; such as Tea or coffee; Coffee prevents “Gall Bladder disease.

  6. To: “locked out of my shed…”

    “maybe some “low grade regular” once a day; maybe you should make some Tea from the Weeds; simmer some dried bud for 30 minutes.

    I find small amounts of MMJ to be effective. (course always looking for the high grade too!

    All in all I would say MJ is a VERY safe Herb!

  7. Marijuana Tea | Medical Cannabis Infused Tea

    comment: I used to make Solar MJ Tea with “use fresh mj leaves; put in clean jar; add water; put in direct sunlight for 8 hours.

    the Tea is quite refreshing ! (add Peppermint Tea as the Peppermint Oil brings out the THC)

    ps Coffee study @ “Johns Hopkins University”.

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