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Oklahoma Senator Seeks Millions to Combat Unlawful Cannabis Grows

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The senior senator from Oklahoma is seeking millions of dollars in federal funds to thwart illicit marijuana growing operations in the state.

Sen. James Inhofe, a Republican, is reportedly “asking for $4 million in federal funds to help [Oklahoma] drug agents fight these operations, operations sometimes bringing more with them than just black-market activity,” according to local television station KFOR.

Inhofe’s intention was announced by his chief of staff, Luke Holland, at an Oklahoma Sheriffs Association meeting on Wednesday.

The illicit operations have frustrated the Oklahoma Bureau of Narcotics. According to KFOR, the bureau’s director, Donnie Anderson, has raised concerns about “international drug organizations and cartels moving into Oklahoma to take advantage of medical marijuana laws.”

As Anderson and other state officials see it, those organizations and cartels are procuring a legitimate medical cannabis license that they use to cultivate, and then are selling the product to surrounding states where pot prohibition is still in place.

“They are bringing with them a list of terribles…criminal activities that have absolutely nothing to do with drugs,” said Holland, as quoted by KFOR. “Also, human trafficking, money laundering, weapons trafficking.”

Anderson said that the bureau has carried out “very in-depth investigations” into the non-compliant operations.

“They are typical conspiracy investigations of one to two years. We’ve been fortunate this last year to have been doing the operations against them we have. But like I’ve said, on the face value they have their license and they are operating. So, you have to prove this is black market marijuana,” Anderson said, according to KFOR.

The Associated Press reported that Inhofe, a U.S. Senator since 2003 and prior to that a member of the House of Representatives for seven years, “requested a direct appropriation through the U.S. Justice Department.”

Cannabis is Big Business in Oklahoma

Oklahoma voters passed a ballot proposal in 2018 that legalized medical marijuana in the state. Three years later, the program is widely seen as an overwhelming success. According to the Marijuana Policy Project, the state boasts “over 380,000 active patient licenses, and more than 10,000 registered medical cannabis businesses,” which makes the state one of the biggest programs in the United States.

“Despite the pandemic, the medical cannabis market has been booming, and the Oklahoma Medical Marijuana Authority reports that the state collected over $127 million in state and local taxes from medical cannabis in 2020,” according to the Marijuana Policy Project.

As MPP also noted, the program’s implementation has also been impressive. Whereas other states sometimes take years to get medical cannabis programs off the ground, Oklahoma’s department of health “began accepting applications from patients, caregivers, and prospective medical cannabis businesses,” according to MPP.

But the program has not been without scrutiny, particularly from the state’s bureau of narcotics.

Last summer, the state launched an investigation that looked into whether a cannabis testing lab had produced false product test results.

The Tulsa World reported last August that the investigation was being conducted by the Oklahoma Medical Marijuana Authority in conjunction with the Oklahoma Bureau of Narcotics and Dangerous Drugs. The probe dealt with an Oklahoma City-based lab called F.A.S.T. Laboratories.

Two months later, F.A.S.T. Laboratories ultimately avoided paying any fines after it “surrendered its license during an investigation by the Oklahoma Medical Marijuana Authority,” according to the Tulsa World.

The program has also drawn wariness from Oklahoma lawmakers, who last year “passed legislation last week to require the Department of Public Safety use $300,000 to pay for a medical marijuana pilot program to test out marijuana breathalyzers,” according to the Oklahoman, which would make the Sooner State one of the first in the country to implement such a technology.



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Switzerland Implements Wide-Reaching Medical Cannabis Program

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All eyes are on Switzerland as the country makes big moves to start its own cannabis industry. The country announced plans for a recreational measure last year, and now Switzerland is introducing a wide-reaching medical program that goes far beyond its previous limits.

Switzerland is on a rampage, both widening its medical cannabis program, and awaiting new recreational legislation. Cannadelics is an independent news source focusing on the cannabis and psychedelics fields of today. Remember to subscribe to The Cannadelics Weekly Newsletter all the latest news and industry stories, as well as exclusive deals on flowers, vapes, edibles, and other products. Also save big on Delta 8Delta 9 THCDelta-10 THCTHCOTHCVTHCP & HHC products by checking out our “Best-of” lists! 


Switzerland up until now

Switzerland is all over the board these days, but up until recently, this was not the case. So what was the deal with Switzerland up until its impressive moves of late? First off, Switzerland is not a part of the EU, so it never had to go by EU regulation. Whereas products with up to .3% THC are legal in EU countries, Switzerland has a max THC level of 1%. Outside of this, cannabis is illegal.

In 2012, the country instituted a decriminalization measure which allowed for small amounts of cannabis (up to 10 grams) with only a 100 Swiss Franc fine, and no jail time included. Once either the 10-gram limit is gone over, or the 1% THC limit, a violator is subject to both a fine, and a prison sentence up to three years.

A lot happened in 2012, though it didn’t all stick. That year, certain cities gained the ability to legally grow low-THC hemp, up to the 1% limit. But then, Just months after this started, the government itself nullified this ability, because it said it was in violation of federal drug laws. Switzerland operates like many multi-state countries where cannabis penalties vary between its different states.

cannabis in Switzerland

In another 2012 measure, legislation was instituted that made both selling cannabis, as well as possessing amounts enough to affect as many as three people, punishable by up to three years in jail, along with a possible fine. This was updated in 2017 to exclude possession, and to only fine those actively using; which allowed many states to drop possession cases for small amounts.

In terms of Switzerland and a medical cannabis program, the country didn’t have a comprehensive one until current events. The Federal Act on Narcotics and Psychotropic Substances in 2008 (implemented in 2011) allows Swiss doctors to get special permits to prescribe cannabis to terminal patients, for 12 months at a time. It also requires patients to apply for authorization from the FOPH (Federal Office of Public Health). Only tinctures and oils were approved by this measure, and its hardly wide-ranging, with only two pharmacies able to provide such medications.

This didn’t stop the pharma medicine Epidiolex from gaining approval in 2018, even as flowers and resin are both barred. From this time, however, pharmacies have been able to create specific CBD formulations for patients. Overall, the ability to access cannabis medicines has been highly restricted in Switzerland, though recent changes are now opening the country to much wider usage, with even bigger plans for the future.

Switzerland updates medical program

Everything just mentioned about Switzerland and its medical program, has now been updated thanks to a new amendment put forth by the country’s seven-member Federal Council, which is the country’s joint head of state and federal government. This amendment updates the Narcotics Act to erase the ban on medical cannabis, which in turn creates a much wider market.

Starting in the beginning of August, patients no longer have to apply for the authorization from the FOPH, and can now get a regular prescription, straight from their doctor. The new amendment isn’t just meant for patients in Switzerland, but predictably for an export market as well (very few legalizations of this sort don’t include the ability for an export market). Less was stated about an impending import market. The limit for THC is still the same for all products, at 1%.

Part of the reason for this change, was due to increasing demand for medical authorizations, which had grown to the point of burdening the government with extra administrative work, which led to treatment delays for patients in need. The conditions for treatment also expand under this new amendment, letting more people benefit from cannabis medication.

medical program market

According to the government, this update should be beneficial to those suffering from spastic diseases, and pain issues. Prior to the update, approximately 3,000 approvals for medical cannabis were given yearly to those suffering from the likes of neurological diseases, MS, and cancer.

In order for the amendment to take effect, it required changes to the Narcotics Control Ordinance and the Narcotics List Ordinance. Cultivation regulation for this new medical industry falls under the Swiss Agency for Therapeutic Products (Swissmedic).

Nothing was updated concerning reimbursement for cannabis medications by the healthcare system of the country. As medical cannabis is only reimbursed in the most dire of cases, this indicates that many people will be paying out of pocket for their cannabis medicine, even when legally prescribed by a doctor. The reason given for this omission is that there isn’t enough available evidence on cannabis as an effective treatment, which makes very little sense since it was considered effective enough to be legalized for this purpose.

What about a full recreational legalization?

Switzerland looks like it will be the first country in Europe to set up a regulated sales market, along with trials meant to help establish new regulation. In 2020 I reported about the Swiss government green-lighting trials for recreational cannabis, a project that has been in the works for many years. The trials will allow the legal production and sale of cannabis, but only in specific locations and with many restrictions. In September of 2020, the Federal Act on Narcotics and Psychotropic Substances was officially amended by way of parliamentary approval, which allows scientific trials for selected groups. This went into effect May, 2021.

These regulations set maximum THC limits to 20%, come with limits for pesticide residue, and also mandate warning labels. In order to be a part of these trials, and have access to this recreational cannabis, individual cities and municipalities must first prove that recreational cannabis is not hurting their current population.

As of April 2022, the first of these recreational test programs was authorized specifically for Basel, Switzerland. This specific program is meant to last two years, includes 400 adults, and essentially is meant to provide data for future pricing and consumption regulation, for a full recreational market.

Switzerland cannabis legalization

Though the pilot studies sound interesting, they’re really only to help with what’s coming. Even before the programs officially started, a parliamentary commission made a vote in October 2021, which ruled that cannabis shouldn’t be banned, and that the country must establish legislation to officially legalize it. In essence, Switzerland has legalized recreational cannabis, and is simply waiting for a bill (the vote doesn’t change anything without written legislation).

The whole thing is a little confusing. Switzerland is pushing for scientific trials to assess how to run a recreational market, while already working on the legislation to set up that market. And to make it more confusing, the basics of this began before Switzerland even implanted a full medical system, which is only happening now. Somehow none of this seems like its in the right order, but one thing for sure is, progress is great, no matter how it comes. And Switzerland is sure in the fast lane to major cannabis reform.

Conclusion

Perhaps competition with Germany is part of what’s spurring this on so quickly. The neighboring countries are both planning for recreational legalizations, and are both getting amped up to enter the global market. Switzerland for its part is working on both ends. Updating its medical program, before instituting its recreational one.

Welcome all! We appreciate you joining us at Cannadelics.com, a top internet news source for independent coverage of the new and growing cannabis and psychedelics landscapes. Read-thru the site daily for industry updates of all kinds, and check out the Cannadelics Weekly Newsletter, so you always know what’s going down.





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Mexico Update: Supreme Court Dropped Limits for Personal Possession

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Mexico sure is a funny country when it comes to weed legalization, and the battle between government and the court system rages on…quietly. As the country waits for its legislature to get it together, the Supreme Court continues to set the policy that elected officials will not. Here’s the latest in Mexico, with a recent Supreme Court ruling for personal possession, which drops all legal limits.

Mexico now allows any amount for personal possession with a new Supreme Court ruling that dropped previous limits. This wholly independent publication covers news in the expanding cannabis and psychedelics landscapes. We put out the Cannadelics Weekly Newsletter for our readers to keep informed of changes in the industry, and to access stellar deals on all kinds of things, from smoking paraphernalia to cannabinoid products including the super popular Delta 8, and HHC. Head to our ‘best of’ lists for promotions, and make sure you only purchase products you are happy to use.


Mexico drops personal possession limits

This most recent ruling in Mexico, which dropped the limits for cannabis personal possession, happened on May 11th of this year, though, like the rest, it was done rather quietly. On May 11th, in a vote of 3-2, a new ruling made it so that article 478 of the General Health Law is no longer valid. The part referred to says that personal consumption of cannabis is limited to under five grams.

As of the 2009 decriminalization measure, the punishment for having over five grams, is up to three years in prison. The new ruling now says its unconstitutional to penalize someone for having any amount, so long as its for personal use only. The Court also clarified that the final determination of whether a person is holding for personal use or with intent to sell, must come from the prosecutor or judge.

This update means that now in Mexico, personal possession of any amount, is legal, and fewer minor possession charges should enter the court system. However, this isn’t a supreme court ruling that sets case law. Whereas personal private consumption and cultivation were legalized via jurisprudencia, with the laws formally dropped in June of 2021, the more recent ruling isn’t binding to lower courts. The expectation is that lower courts will follow along, so as to clear their dockets of low-level weed cases. In a vote like this, it would have required all judges to be on board, in order to make it binding for all courts. Having said that, it’s still a supreme court ruling, which opens the door for appeals, if lower courts do rule differently.

Mexico cannabis laws

The court went as far as to call the arrest of a person carrying a personal use amount as “arbitrary interference” by law enforcement, saying that this in turn can greatly affect a person’s life autonomy, privacy, and dignity. The ruling stated: “Criminal prosecution of a person who possesses cannabis within their sphere of privacy without affecting third parties is not justified.” And that allowing such behavior from law enforcement constitutes the allowance of punishment for “moral qualities, personality or personal conduct, which doesn’t have constitutional support.”

This ruling settles a case from 2018. Defendant Edgar Díaz Sánchez was arrested for having over 30 grams of cannabis at that time, all strictly for personal use. Though there should have already been new legislation to cover matters like this, since the government has repeatedly nixed its responsibility to write a formal law, it has continuously been up to the Supreme Court to keep pushing forward with cannabis legalization measures, through court rulings.

What’s the deal with Mexico?

This is a great question, for which there isn’t a good answer. Cannabis was legalized in 2018 via jurisprudencia. Jurisprudencia kicks in, in Mexico, when five consecutive Supreme Court rulings are ruled on in the same way. In this case, the last two cases were ruled on in 2018, creating new case law for cannabis legalization. The ruling came with a directive for the legislature to come up with written laws to coincide with the court ruling, so as to have congruity between the two. After all, the Supreme Court is supposed to rule on matters, not write entire laws.

We could argue quite a bit over why it hasn’t happened yet, or why the Mexican government has so brashly rejected its responsibility. While it could be arguments over things like protections for local farmers, this seems less likely in a country practically ruled by cartels, which are the organizations that currently control all existent cannabis industry. Organizations that probably aren’t super happy about allowing this to become a formal industry.

How badly has Congress dropped the ball? It was originally given one year to work things out, with an original deadline in December 2019. When Congress couldn’t get its stuff together in time, it asked for, and was granted, an extension to the following April, 2020. April came and went without formal laws introduced, and the government once again requested, and was granted, an extension. This extension moved the due date to December 2020. Come December, and what do you know, no laws written, and another extension asked for, and granted, this time extending the government deadline to April 2021.

If you keep up with the news, you already know this never happened. But this time, rather than ask for the standard extension, the government didn’t do it. It didn’t do its job, and it didn’t ask for more time to do it, instead talking about a special session. And this put the ball back in the Supreme Court’s court, giving it the ability to drop the laws itself. This makes sense. The Court made a ruling which overrode government laws, and then ordered new laws to be made. Without an end result, the Court was required to take action to back up its own ruling (what power does the entity have, if it can’t have its rulings followed?)

cannabis in Mexico

On June 28th 2021, the Court officially dropped the laws of prohibition for private use and cultivation, but it didn’t do anything else. I guess the Court hoped this nudge would get the government moving, yet here we are, a year later, and its still the Supreme Court setting policy.

This most recent case, isn’t the only one that’s come up in this between time. On December 1st, 2021, the Supreme Court led the way for a low-THC cannabis market, with a ruling in favor of Xebra Mexico, a subsidiary of Canadian company Xebra Brands. This unappealable ruling states that its unconstitutional to bar the production of low-THC cannabis. This ruling made a directive for Mexico’s Federal Commission for the Protection against Sanitary Risks (COFEPRIS), to comply, and implement this decision.

Technically, the ruling doesn’t cover commercial production, but does cover production for medical and scientific purposes. The company now plans to create and market a line of low-THC products. This decision allows other companies to do the same, so long as products follow the legal limit of not more than 1% THC.

And vaping…

The Supreme Court had a busy year last year when it comes to cannabis, and another big move it made, came from two separate decisions to drop bans on vape products. The first came on July 16th, and the second on October 19th. The first stuck down a ban put in place by President Obrador on importing “heat-not-burn” products. The ruling overturned a presidential decree, and removed such products from regulation under article 16, a part of Mexico’s General Law for Tobacco Control, which was instituted in 2005. It stated that “The trade, sale, distribution, display, promotion, and production of any object that resembles tobacco but is not tobacco, which includes e-cigarettes”, are all illegal.

The second ruling struck down all of article 16 as unconstitutional. The ruling stated that article 16 is unconstitutional as it gets in the way of free trade. This was done with an argument that the article violates the constitutional freedom of equality.

Much like other decisions, this one didn’t create any legal framework for the sale of vape products, it merely said what didn’t qualify as constitutional. It did, however, set case law, much like the ruling to legalize cannabis, and the ruling to allow low-THC cannabis production (which came a couple months after the second vape ruling).

personal possession

Are these directives followed?

One of the problems with the legal discrepancy on weed in Mexico, is that it means laws aren’t followed by law enforcement. Now, its Mexico, so getting robbed by cops is more commonplace than some think, and this can happen with or without a reason to get stopped in the first place. For cops who do this, one of the first things they look for in order to get a bribe, is cannabis or paraphernalia.  

Supreme court ruling or not, this is a common practice in Mexico. Though most of the general population likely has no idea that legal changes permit them to carry a certain amount without legal intervention, even those that do know, don’t have much leverage in these situations. Sure, their cases might never be heard, or immediately dropped if they get that far, but spending time in jail, or possible brutality by the police, is not most people’s first choice. This is a problem in America as well. Sure, police brutality is technically illegal, but that certainly doesn’t stop people from getting hurt.

I don’t hear about people getting stopped for public usage often, which means the majority of cases are cops forcing people to empty pockets or bags, which should count as a private sphere. The practice of doing this for weed, specifically, continues because the government won’t hold up its end. With formal laws in place that everyone understands, this can’t go on for pot crimes, or should greatly minimize it happening under those circumstances.

Conclusion

As Mexico still waits for its government to act appropriately, the Supreme Court continues to set new laws, including the latest that allows residents of Mexico any amount of cannabis for personal possession. Maybe if the government never acts, the Supreme Court will end up setting all policy for cannabis, doing so one court ruling at a time.

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DEA Getting Sued Over Magic Mushrooms, Again

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This headline is odd since we all know magic mushrooms are federally illegal, right? Why would the DEA get sued over barring patients from using an illegal medicine? Well, there happens to be a law for sick people to try new medications, and the DEA is now blocking this right. This isn’t even the first time the DEA has been sued over magic mushrooms!

The DEA is at it again, this time in a lawsuit over preventing terminal patients from using magic mushrooms as experimental medication. Will the government agency be put in its place? This entirely independent publication publishes stories within the cannabis and psychedelics spaces. Be a part of everything by signing up for the THC Weekly Newsletter, which comes chock full of deals on everything from smoking devices, to edibles, to cannabinoid compounds including popular choices delta-8 THC and HHC. You’ve got a plethora of options these days, so choose the products you’re most comfortable using, and have yourself a blast!


What’s the news?

On July 22nd, Marijuana Moment reported on a new legal matter which involves the US’s DEA getting sued over not letting patients have access to magic mushrooms. So, why is there a lawsuit against a federal agency, for barring use of a federally illegal substance? I mean, sure, it would be great if they weren’t illegal, but as long as they are, why is this happening?

This most recent lawsuit, as well as a previous suit, hinges on the ‘Right to Try’ act. Right to Try is a federal law which enables doctors to treat patients with experimental medications, including Schedule I drugs in the Controlled Substances list. However, the DEA has once again blocked a doctor from treating a patient with magic mushrooms, leading to the federal agency getting sued.

The current case is a follow-up to an earlier case that went before the U.S. Ninth Circuit Court of Appeals this past February. That case was rejected on procedural grounds, because the DEA did not make clear if its denial actually constitutes a final rule.

magic mushroom medicine

A final rule “is a federal administrative regulation that advanced through the proposed rule and public comment stages of the rulemaking process and is published in the Federal Register with a scheduled effective date. The published final rule marks the last stage in the rulemaking process and includes information about the rationale for the regulation as well as any necessary responses to public comments.”

If its not a final rule, then a federal court cannot overturn it, as there’s nothing to overturn. This is odd as final rules are specific, and their existence isn’t usually questioned. The ruling led plaintiffs to seek an answer from the DEA about whether its handed down decision, constitutes its final rule. As the DEA refused to respond, plaintiffs gave a time limit of until this week, after which, without reply, they would consider the DEA’s decision final, and launch a new suit. That happened, and here we are now.

The filing was done in the same federal appeals court as last time, with the hope that it will be seen differently in light of the DEA’s refusal to say anything. The case, “asserts that DEA is unlawfully misinterpreting and misapplying Right to Try statute that should allow terminally ill patients to access Schedule I investigational drugs like psilocybin.”

And that, “In denying Petitioners’ requested accommodation in the Final Agency Action, DEA hides behind a smokescreen, neglecting its duty to implement the federal RTT and violating the state RTT… It is attempting to use the Controlled Substances Act as a cudgel to thwart state medical practice, to the detriment of dying patients.”

What is this ‘Right to Try’ law?

These laws exist both on a state and federal level, and are there so that terminally ill patients can access experimental, or thus-far unapproved, therapies, including drugs, devices, and biologics. So long as the drug, device, or biologic has undergone Phase I testing, it’s allowable for use in this way. This law – on a federal level – makes it so that patients don’t have to petition the FDA directly for experimental medication.

There is no requirement for a state to have Right to Try laws, and not all do. The passage of such laws started in 2014 when Colorado became the first to initiate a measure.

terminal patient

As of right now, the following 41 states have a law: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Iowa, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

On a federal level, a bill was introduced in 2017. In August of that year, the bill passed the Senate unanimously, due to bill creator Ron Johnson (R -Wis) threatening to slow down a Senate vote on the FDA Reauthorization Act of 2017, which apparently, had to pass so the FDA could legally operate. A unanimous consent vote was traded for Johnson not holding up the FDA vote. Smooth move on his part.

In March of 2018, the House passed a companion bill, which was introduced the prior year. This bill – S.204, then went to the Senate, which passed it as well. Officially called the ‘Trickett Wendler, Frank Mongiello, Jordan McLinn and Matthew Bellina Right to Try Act’, the bill was signed by President Trump on May 30th, 2018.

What is expected?

We don’t know how the appeals court will rule yet, or if it’ll give the same answer it did the last time. However, it’s not just about the cases (which clearly aren’t going to go away), but about legislators now putting pressure on the federal agency as well. In fact, in light of this issues, several lawmakers have filed companion bills, and provided congressional clarification, to urge the federal agency onward. All say that psilocybin is covered under Right to Try.

For its part, the only thing the DEA has managed to do, is essentially pass the buck by saying it “has no authority to craft policies to address the RTT.” However, according to plaintiffs, “Just because the DEA chooses not to do something, does not mean that the agency has no authority to do so. Here, the DEA is violating federal law and federalism principles.”

Possibly because of the growing popularity of the issue, plaintiffs do expect the court to agree with their argument, and require the DEA to follow mandate in allowing psilocybin to patients in need. If this doesn’t happen, it would require new congressional legislation to back up something that already exists; which showcases boldly why our system moves so slow and uselessly so much of the time, doing nothing but costing citizens more money.

magic mushrooms

As a showing of congressional support, a bipartisan companion bill was recently introduced, which “would make a technical amendment to the text of the existing statute, with the primary purpose of clarifying—in the face of DEA objections—that RTT policy as signed into law by former President Donald Trump already means that patients with terminal health conditions can obtain and use investigational drugs that have undergone clinical trials, even if they’re Schedule I controlled substances.”

To give an idea of just how much the DEA is dragging its feet in general, consider that the agency is also being sued over its delays in processing public records requests for both cannabis and psychedelics. To step it up a notch further in terms of DEA bad behavior, the agency is also trying to put the following tryptamines (which are hallucinogens) in Schedule I of the Controlled Substances list: 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT. In fact, the DEA is planning to hold a hearing for this measure, despite the inarguable fact that no one wants it.

Even weirder, while it works so hard to trip people up, the DEA has increased production of psychedelics, including magic mushrooms, for research purposes. My guess… once big pharma comes out with medications that the FDA approves, the DEA will totally be cool with people using them. Thank god our government works on our behalf!

Conclusion

That things will change eventually is practically a given, but the question of ‘when’ remains relevant. Just as relevant as the question of why the DEA is working so hard to not only stymie general progress, but to keep terminally sick patients from getting a medicine.

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