“The program’s already live, even though it’s still Schedule I in Alabama.”

By Anna Barrett, Alabama Reflector

Alabama’s public health officials on Thursday withdrew their objection to the federal rescheduling of marijuana, a move officials characterized as procedural, following a July public hearing.

The governing body of the Alabama Department of Public Health (ADPH) in May voted to delay the rescheduling so that officials could have more time to determine how to implement it, but noted that they “fully intended” to reschedule the drug.

State Health Officer Dr. Scott Harris said Thursday morning that he did not see any issues with the change, and the public comments did not reflect the impact of rescheduling but rather marijuana itself.

“I would say there are a lot of really passionate people that had a lot of really strong feelings about it, and I don’t want to minimize that or oversimplify that,” Harris said. “The comments were people who really support medical marijuana or who really don’t support medical marijuana. The comments weren’t really about what we were trying to get at, which [was] ‘what are the consequences of rescheduling.’”

Conservative activists at the public hearing said the rescheduling would “harm children” and “worsen Alabama’s mental health crisis.” The only proponent of rescheduling at the public hearing said not doing so would instill distrust between patients and doctors.

Harris said ADPH’s legal team resolved all of the department’s concerns, like the impact to pharmacies and those seeking the medication.

In April, the U.S. Department of Justice (DOJ) moved marijuana from Schedule I—the Drug Enforcement Administration’s list of drugs with the greatest potential for abuse and least legitimate use—to Schedule III, with drugs considered to have a moderate to low potential for physical and psychological dependence, according to the U.S. Drug Enforcement Administration.

The order followed an executive order signed by President Donald Trump in December instructing the DOJ to move towards rescheduling.

Former President Joe Biden instructed DOJ to reschedule the drug in 2024, but hearings on the move were canceled in early 2025.

The federal order applies to state-licensed medical marijuana products in the states that allow medicinal use of the drug. The move means those businesses can deduct business expenses from their federal taxes and researchers have access to state-legal products. As a Schedule I drug, only cannabis grown in a federally approved facility could be studied, severely limiting the supply available to researchers.

Alabama’s medical cannabis program was created by the Legislature in 2021. Three dispensaries are open in the state, with seven more to open within the next few months. At the program’s full capacity, there will be nearly 40 dispensaries.

Harris said the rescheduling would not impact the state’s medical cannabis program.

“The program’s already live, even though it’s still Schedule I in Alabama. The reason is, the statute was written essentially to decriminalize it for people who are authorized to have it,” he said.

The committee unanimously withdrew its objection.

This story was first published by Alabama Reflector.

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Legalizing marijuana is a “no-brainer” move to help ward off a “fiscal time bomb” in Iowa that could otherwise lead to cuts in funding for education and public safety in the state, the Democratic candidate for governor says.

“I think we should treat it the way we treat alcohol. That seems like a no-brainer to me, right?” Rob Sand, the Democratic gubernatorial nominee, said at a town hall event in Dallas County on Wednesday in response to a question from a voter who said Iowa is “losing money” to other states that have legalized cannabis.

“Alcohol is a dangerous drug. You shouldn’t abuse it. Also, we’re not going to throw you in prison for having a beer,” Sand said. “Why is it any different for marijuana? It is a dangerous drug. You shouldn’t abuse it. We shouldn’t be throwing people in prison just for using it.”

The Democratic candidate said that “when I say treat it like alcohol, I literally mean treat it like alcohol.”

He then went through a list of common objections to cannabis legalization and explained how he would respond to them.

“So when I hear people say, ‘Well, I don’t want to smell it.’ Same. You shouldn’t be allowed to smoke it in public. Simple rule: you can’t drink alcohol in public, right?

People say, ‘Well, I’m worried about kids. I’ve heard cases in Colorado where they got colorful gummies, and the kids find them, and then the kids get sick.’ I agree. You shouldn’t be able to market it to children. You shouldn’t be able to use colorful designs on your packages. And if you’re doing gummies, they can look like an eraser, right? They don’t need to be red and blue and green and look like gummy bears.

People say, ‘Well, I don’t know, Rob. It’s a lot stronger than the stuff that I was smoking in the 70s.’ To which I say, ‘I wasn’t there. Whatever you say, I believe you.’ I don’t have a basis for comparison then or now. I actually haven’t used it. But how do we handle that with alcohol? When you buy a beer, you can see what the alcohol content is on the beer, right? We treat hard liquor differently, but you can see when you buy hard liquor what the content is on that, and that way you know what you’re getting into. We can do that with marijuana as well.”

Sand, who is currently Iowa’s state auditor, said the state currently has a budget surplus, but that annual spending is overtaking revenue.

“I call this a fiscal time bomb. Our budget is nine and a half billion,” he said. “Imagine the cuts to public education and to public safety if we don’t take action to fix this.”

“So we need to do something now,” he said, arguing that legalizing marijuana is “one of the things that we should do.”

“We would have hundreds of millions of dollars every single year if we just treat marijuana the way we treat alcohol,” Sand said, adding that the thinks the state should also put an income limit on school vouchers and make data centers pay fair taxes.

“All three of those would save us hundreds of millions of dollars a year alone,” he said. “So if we do all three of them, we do them right away, all of a sudden, our time horizon on how long that surplus is going to last gets a lot longer, and we can think about other ways to help address that and get back to having a balanced budget.”

Sand also spoke about his support for legalizing marijuana at an earlier event last month, saying that he thinks cannabis should be legalized and treated like alcohol, even if he thinks it’s “dangerous.”

“Marijuana is a dangerous drug,” he said at the time. “You shouldn’t abuse it, but we also shouldn’t throw people in prison just for using it. We should treat it the way we treat alcohol. Alcohol is a dangerous drug. You shouldn’t abuse it, but we don’t throw you in prison just for having a beer when you get home.”

The Democratic gubernatorial candidate said that Iowa is “spending perfectly good tax dollars to lock people up” for marijuana while people who want to use it are driving across the border to purchase it in other states.

“They’re spending their money in Illinois, or they’re spending it in Missouri. And then they’re driving back without their money,” Sand said. “The money stays there, and the tax dollars stay there.”

Republican gubernatorial nominee Zach Lahn reportedly opposes legalizing cannabis but doesn’t appear to have spoken extensively about the issue.

Josh Turek, the Democratic nominee in a U.S. Senate race, said this month that cannabis’s longtime restrictive Schedule I status is “ridiculous.” Marijuana “should be legalized and regulated, and let’s tax it,” he said.

Meanwhile, Iowa regulators are circulating proposed rules changes to remove the residency requirement for patients in the state’s medical cannabis program while also ensuring that military veterans qualify for reduced registration fees.

The residency-focused part of the regulatory change from the state Department of Health and Human Services is meant to comply with provisions of a bill that Reynolds signed into law in June.

In addition to allowing out-of-state residents to register in the medical cannabis program if they have a certification from an Iowa healthcare provider legislation, that legislation also doubles the number of medical cannabis dispensaries that are allowed to operate in the state.

Regulators said in the new rule filing that removing the residency requirement is expected to “primarily impact qualified Nebraska residents since Nebraska is the only bordering state that does not currently have an operational medical or adult-use cannabis program.”

“Although Nebraska has taken steps to establish a medical cannabidiol program, implementation has experienced significant delays and setbacks,” the regulatory explanation says.

Beyond the residency change that is part of the bill the governor signed this year, the new rule change also restores regulatory language that was “inadvertently removed during the 2023 Red Tape Review process” that allowed proof of military veteran status to be used to qualify for a reduced patient application fee of $25 instead of the standard $100.

Under prior law, Iowa’s limited medical marijuana program allowed only five dispensaries. That has doubled to 10 under HF 990, which the governor signed.

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The Iowa Medical Cannabidiol Board, which oversees the state’s medical marijuana program, recommended in a 2023 report that the state allow more licenses “in an effort to provide Iowans with greater geographical access to medical cannabis products.”

Under the program, patients with certain conditions can obtain cannabis products containing no more than at 4.5 grams of THC every 90 days. Flower and smoking are not allowed. Healthcare practitioners can allow greater amounts of THC for patients who are terminally ill or who have experience with the program and for whom the provider believes 4.5 grams is not enough.

Separately this session, Iowa lawmakers considered a bill to create a state-regulated therapeutic psilocybin program for patients with post-traumatic stress disorder (PTSD).

Last year, the governor vetoed earlier legislation that would have allowed doctors in the state to immediately prescribe a synthetic form of psilocybin in the event of federal approval of the psychedelic substance by the U.S. Food and Drug Administration (FDA), arguing that it “surrenders state authority to make an informed determination about classification to federal officials.”

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A coalition of alcohol retailers are cheering Senate leaders’ inclusion of provisions in a key funding bill to delay the planned federal recriminalization of hemp THC products—saying it provides industry supporters with more time to convince Congress to “establish a responsible federal framework for low-dose hemp-derived THC beverages.”

“We commend the Senate, the White House and congressional leadership for their commitment to finding a consumer-focused solution,” Jonathan Grella, a spokesperson for the Beverage Alcohol Merchants Coalition (BAMCO), said in a press relase. “The Senate continuing resolution creates an important opportunity to achieve meaningful hemp regulation.”

“While significant work remains, BAMCO is committed to working with policymakers to establish smart, safe regulation for low-dose hemp beverages that protects consumers and provides long-term regulatory certainty,” he said.

BAMCO’s members include Total Wine & More, BevMo! by Gopuff, ABC Fine Wine & Spirits, Spec’s Wine and Spirits & Finer Foods, as well as a group of hemp product wholesalers.

Hemp derivatives with less than 0.3 percent delta-9 THC on a dry-weight basis were federally legalized under the 2018 Farm Bill that President Donald Trump signed during his first term in office. But late last year, the president signed new legislation containing provisions that will redefine hemp to make it so only products with 0.4 milligrams of total THC per container will remain legal after November 12.

On Sunday, leaders of the Senate Appropriations Committee released the text of a continuing resolution to extend funding for federal agencies through December 11, past the end of the current fiscal year on September 30.

Included in the legislation are provisions that will also delay the planned prohibition on most hemp products until December 11—although there is a carve-out that will allow the immediately recriminalization on November 12 of synthetic cannabinoids “that are not capable of being naturally produced by a Cannabis sativa L. plant.”

BAMCO supports incorporating hemp THC drinks into the existing three-tier system for alcoholic beverages, along with new requirements for testing, labeling, marketing and taxation in tandem with flexibility for state regulations.

“For too long, policymakers have been faced with a false choice between an unregulated marketplace and prohibition,” the group said on Monday following the release of the Senate proposal. “BAMCO has consistently advocated for a smarter path—one that protects consumers, preserves adult access to compliant low-dose hemp beverages, and provides states and responsible businesses with a clear, durable regulatory framework.”

Grella, the group’s spokesperson, said that “responsible retailers have earned the public’s trust by safely selling age-restricted products for generations.”

“Low-dose hemp beverages belong in that proven system, where consumers can have confidence that products are sold responsibly under clear and enforceable rules.,” he said.

Other alcohol industry groups such as Wine & Spirits Wholesalers of America have also backed regulating hemp products instead of prohibiting them.

Last month, the House of Representatives passed its own version of a continuing resolution to keep federal agencies funded into December, but it did not have any provisions to alter the planned hemp product ban. As such, if the Senate passes its new provision it would then still need approval by the other chamber before being sent to the president.

Meanwhile, a number of lawmakers from both chambers and both parties have filed or are circulating a growing number of bills to prevent the scheduled federal recriminalization of hemp THC drinks and other products later this year. Until now, none of those proposals have gained traction with congressional leaders.

For example, Rep. James Comer (R-KY), who chairs the House Oversight and Government Reform Committee, is circulating legislation that would delay a planned federal ban on hemp THC products and institute some regulations—including packaging requirements, testing rules and age limits.

Separately, Rep. Andy Barr (R-KY), filed a lengthier proposal to prevent the federal recriminalization of hemp THC products and put in place a number of regulations for manufacturing, labeling, sales and taxation of hemp-derived products, including an age limit of 21.

A press release from the congressman’s office claimed that the White House supports the legislation, which is cosponsored by Rep. Angie Craig (D-MN), but the administration has not specifically endorsed it despite generally calling for hemp regulations and backing a prior similar amendment filed by Barr.

Trump and White House officials have in recent weeks repeatedly pressed Congress to delay, alter or reverse the ban.

In a letter to House Speaker Mike Johnson (R-LA) last month, for example, White House Office of Management and Budget (OMB) Director Russell Vought said the Trump administration wants lawmakers to “ensure the fair treatment of hemp products”—specifically citing Barr’s earlier amendment to keep many hemp products legal while adding regulations and taxes.

The administration “welcomes the opportunity to work with the Congress to, at a minimum, update the statutory definition of final hemp-derived cannabinoid products to allow Americans to benefit from access to appropriate full-spectrum CBD products,” OMB separately said last month, “while preserving the Congress’s intent to restrict the sale of products that pose serious health risks.”

Also in April, the president himself urged congressional lawmakers to again redefine hemp to avoid recriminalization of full-spectrum CBD products.

“I am calling on Congress to update the Law to ensure that Americans can continue to access the full-spectrum CBD products they have come to rely on, and that help them, while preserving Congress’s intent to restrict the sale of products that pose Health risks,” Trump said in a Truth Social post.

“We must get this done RIGHT and FAST, especially for those who saw that CBD helps them,” he said. “Plus, I am told it will also help our GREAT FARMERS, who we love, and will always be there for.”

Industry advocates say that the law as enacted last year not only threatens to prohibit intoxicating and synthetic cannabinoid products but also stands to remove popular full-spectrum CBD products that many Americans use therapeutically from the market.

“ONE in FIVE adults used it in the past year, and many say it improved their chronic pain enormously,” the president said in his social media post, adding that hemp-derived CBD “has made a HUGE difference for so many people.”

He also referenced a new initiative the administration launched in April to cover up to $500 worth of hemp-derived products each year for eligible Medicare patients. The program being implemented by the Centers for Medicare & Medicaid Services (CMS) focuses largely on CBD but also allows products to have up to 3 milligrams of total THC per serving. A federal judge granted the government’s motion to dismiss marijuana legalization opponents’ lawsuit challenging the initiative, but that is being appealed.

“In December, I signed a very important Executive Order calling for Research and Innovation for Hemp-derived CBD,” Trump said. “Our wonderful Dr. Mehmet Oz moved fast to follow the directive in the Executive Order, and launched a model for some Seniors earlier this month. But more must be done!”

“Please get it done, and SOON,” the president said in reference to a congressional fix for the broad recriminalization set to take effect in November. “Thank you for your attention to this matter!”

The Wine & Spirits Wholesalers of America (WSWA), an alcohol industry trade association issued praise for Barr’s bipartisan hemp regulation bill, but said the measure’s tax provisions require “continued discussion.”

Hemp policy observers expect to see a Senate companion bill to Barr’s proposal filed soon, likely from Sens. Tim Sheehy (R-MT) and Amy Klobuchar (D-MN).

Sheehy recently cited hemp legislation as an area where Republicans and Democrats can work together in an otherwise “hyperpartisan time.”

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Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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Meanwhile, a new poll from NuggMD found that most cannabis consumers say that state-level hemp product bans that lawmakers are enacting in line with the planned federal recriminalization move are causing them to shift their purchases toward licensed marijuana businesses.

The National Restaurant Association recently sent a letter urging congressional leaders to delay the federal recriminalization of hemp THC beverages and replace it with a regulatory framework that “ensures consumer safety while meeting growing market demand” for the products as an alternative to alcohol.

Major retailer Target, meanwhile, recently moved to expand its sales of hemp THC drinks into more states.

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The Federal Aviation Administration (FAA) is moving to develop new marijuana-related standards for pilots and air traffic controllers in light of the “operational risk” created by the Trump administration’s move to reschedule cannabis—which has furthered the “normalization” of the drug.

FAA’s Office of Aerospace Medicine is partnering with the National Academies of Sciences, Engineering, and Medicine (NASEM) to convene a series of meetings focused on the impact of marijuana consumption on air travel professionals, an effort aimed at informing approaches the agency might take to “evaluate, update, or refine their current policies for cannabis use, particularly for determining when individuals are fit for duty.”

Topics to be discussed during the four planned meetings set to take place this year and next year—which will not be open to the public—include drug testing, cognitive functioning monitoring and the length of impairment following cannabis use. Invited participants will include experts on impairment evidence, pharmacokinetics and detectability, operational risk translation and policy framing.

There is an “urgent need to establish clear, scientifically defensible, and operationally actionable fitness-for-duty standards for pilots and air traffic control specialists (ATCS) in the context of evolving federal cannabis policy,” NASEM said in a overview of the effort, which FAA is supporting with just over $200,000.

Under an order issued by U.S. Acting Attorney General Todd Blanche in April, marijuana products regulated by a state medical cannabis license immediately moved from Schedule I of the Controlled Substances Act (CSA) to Schedule III, as did any marijuana products that are approved by the Food and Drug Administration (FDA). An administrative hearing is considering broader marijuana rescheduling, including of recreational products.

While Department of Transportation (DOT) drug testing and FAA medical certification standards remain unchanged for now, the notice of the upcoming meetings says that the “dual-status regulatory environment” under the scheduling reform has created a policy “misalignment” that poses “significant operational risk”—including by “increasing the likelihood and normalization of cannabis use,”  “complicating disclosure and compliance” and “leaving the FAA without validated criteria to determine when individuals are no longer impaired.”

“The central policy question is: Following cannabis use, what elapsed time ensures both (1) absence of operational impairment and (2) compliance with DOT drug testing requirements?” NASEM’s Transportation Research Board said in the posting which was noted earlier by Cannabis Wire.

“Due to the urgency of near-term policy decisions and the inability to conduct new primary research in the required timeframe, the FAA requires structured, policy-relevant interpretation of existing scientific evidence,” the notice said, specifying that the meetings will take place over a span of about 12 months, which will enable FAA to develop and implement new cannabis policies within 12–18 months.

NASEM previously did work on state marijuana legalization law’ impact on airports on behalf of FAA, publishing a briefing on the issue and holding an event.

Meanwhile, the Transportation Security Administration (TSA) recently clarified that its “policy on medical marijuana has not changed”—despite numerous news organizations running exaggerated headlines about a supposed change in the federal government’s policy on bringing marijuana into airports and on airplanes.

DOT, which houses FAA, clarified in May that truck drivers, airline pilots and other federally regulated safety-sensitive workers still cannot use medical marijuana without being punished despite the federal rescheduling move.

Last month, a coalition of transportation and safety organizations sent a letter to federal officials saying they have “serious safety concerns” surrounding the Trump administration’s move to federally reschedule marijuana— asking them to take steps to ensure that safety-sensitive workers will continue to be tested for cannabis.

Earlier this month, the House Appropriations Committee adopted a provision directing federal officials to continue requiring government employees and safety-sensitive workers such as truck drivers and airline pilots to be drug tested for marijuana, “regardless of any future changes to the legal status or scheduling.”

The followed a press conference organized by prohibitionist groups and a drug testing industry association where two Republican lawmakers joined their call for a “carve-out” to marijuana rescheduling by affirming that safety-sensitive transportation workers could still be penalized for testing positive for THC.

The lawmakers and prohibitionist activists argued that moving marijuana to Schedule III would mean a 1986 executive order on the federal workforce that President Ronald Reagan signed defining illegal drugs as Schedule I and II drugs under the Controlled Substances Act (CSA) would be effectively nullified when it comes to cannabis use by truck drivers, airline pilots and other workers regulated by DOT.

Last October, Transportation Secretary Sean Duffy suggested President Donald Trump was “getting pressure” to reschedule cannabis—arguing that marijuana is “really addictive” and saying that policy reform around the issue sends a “dangerous” message.

“At a time when culture is pushing and celebrating the use of marijuana, we’re not talking about the risk,” Duffy said.

Image element courtesy of Steve Fitzgerald.

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