Mark Caverly’s Post

Marijuana Rescheduling Comment Period Opens On May 21, 2024, the US Department of Justice's Notice of Proposed Rulemaking (NPRM) to reschedule marijuana from Schedule I to Schedule III opened to receive comments. Here's a link to provide public comments: https://lnkd.in/g-miSPeM Comments are due on or before July 22, 2024 and must be submitted electronically or postmarked by that date. Hearing requests may be electronically transmitted or sent in by mail on or before June 20, 2024. Remember that your comments are publicly available on the regulations.gov website although you may request redaction of proprietary information. You can also go online to view other comments as they become available. Click on the blue "Comment" button to post. You can attach a file (such as a formal letter) in addition to providing text in a comment field. Comments are intended to assist the rulemaking agency as it considers the structure or viability of new regulations/requirements. They are not used to determine popularity as an opinion poll based on the number of comments received or views expressed.

Employers - Marijuana Legalization is upon us. The public comment period is a critical time to voice your concerns regarding safety in the workplace. Here’s the link: https://lnkd.in/eUMgbr96

It’s been just about two weeks since comments opened on the Department of Justice’s proposed rule reclassifying marijuana from Schedule I to Schedule III. In that time, there have already been more than 10,500 comments submitted. There’s still lots of time to make your voice heard, so I put together a quick guide to this comment period. When? Comments must be submitted electronically or postmarked on or before 11:59 Eastern Time on July 22, 2024. Where? The DOJ encourages interested parties to submit comments electronically through the Federal eRulemaking Portal at https://lnkd.in/g6Qsq7kf How? On the Federal eRulemaking Portal you can find the text of the DOJ’s proposed rule and type short comments directly into the comment field or to attach a file for lengthier comments. Make sure to reference “Docket No. DEA-1362” on all comments and attachments so that your comment can be processed. Note that all comments received will be part of the public record. The DOJ will make comments available for public inspection online. So, don’t include any personally identifiable information or other information you don’t want disclosed.

Attention #cannabisindustry LAST DAY TO COMMENT IS TODAY! Summary The Department of Justice (“DOJ”) proposes to transfer marijuana from schedule I of the Controlled Substances Act (“CSA”) to schedule III of the CSA, consistent with the view of the Department of Health and Human Services (“HHS”) that marijuana has a currently accepted medical use as well as HHS's views about marijuana's abuse potential and level of physical or psychological dependence. The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing. If the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA's definition of “marijuana” would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act (“FDCA”). DOJ is soliciting comments on this proposal. LET YOUR VOICE BE HEARD! Do you agree or disagree? Whatever your stance is you should voice it!! Today is the last day! https://lnkd.in/gdgxRtu2

The US Department of Justice (DOJ) has officially proposed, based on the recommendations from the Department of Health and Human Services, to reschedule Marijuana from a Schedule I to a Schedule III substance under the Controlled Substances Act (CSA).  This is long overdue and, in my opinion, does not go far enough in the rescheduling of cannabis (marijuana was coined as a racial slur). The Marijuana Tax Act of 1937 and its subsequent prohibition had nothing to do with public health or smoking of the THC rich flower strains we associate with marijuana. It was purely a business lobbyists' ploy to eradicate hemp as it was the primary competition of the recently invented Nylon (rope), cotton (fabric), and wood pulp (paper). They lobbied the US Government, created a propaganda campaign, and the Big Lie was born. What many people don't realize is that up until then cannabis was such an important textile that farms were mandated to grow it. Its classification as a Schedule 1 narcotic under the Controlled Substance Act in 1970, advocated for by then President Richard Nixon (there's a trustworthy guy ;), was a political ploy to allow for the continued harassment and unwarranted incarceration of minorities following the Civil Rights Movement of the 1960's. The US government then put pressure on the rest of the world to follow suit. The late, great Robin Williams said it perfectly; "If the most dangerous thing about a 'drug' is getting caught with it, there's a real problem." Tens of millions of people and their families have been hurt due to their unfair incarceration for marijuana related ‘offenses’. In addition, countless innocent people have lost their lives as a result of the War on Drugs and its bolstering of gangs and cartels (by legalizing it the cartels have no business). Meanwhile the vast majority of the world has missed out on the many health benefits of cannabis-derived compounds and earth friendly hemp textiles. Today the Cannabis Industry is thriving in states where it has been legalized and thousands of businesses, who pay more than their fair share of federal, state, and local taxes, are employing hundreds of thousands of people while providing state tested, safe cannabis products. However, these businesses do not have the same tax deductions that other businesses are entitled to. Also, they do not have access to traditional financial services, such as banking and credit card transactions, and therefore are the target of criminals due to the cash nature of its commerce. We have let our governments brain wash us for too long. Let’s be done. Please take the time to comment at Regulations.gov before the July 22nd deadline.

One week ago, the comment period for the Rescheduling of Marijuana closed. 🔒 During the comment period, around 43,000 comments were received. Now that the comment period is closed, the next phase of the process begins, evaluating all the comments. If intrigued, read some of the comments for yourself. 👇 It will be very interesting to see what happens next! https://lnkd.in/gT9rHJ5B

1) Go read Luke’s comment on GCR’s. If you are not familiar with them, this will walk you through what they are & how they hurt pharmacies. 2) PLEASE go provide your own comments on how having to meet GCR requirements has affected you business, your ability to purchase a less expensive generic elsewhere, or how the inflated list prices of new medications is making it almost impossible for your pharmacy to hit its GCR goal. #pharmacy #communityhealth #communitypharmacy #independentpharmacy #healthcare #cartels #medication

DEA Spring 2023 and Fall 2023 Regulatory Agendas Comparison To follow up on an earlier post, the Office of Management and Budget, Office of Regulatory Affairs (OIRA) published its bi-annual regulatory agenda of upcoming federal agency actions on December 6, 2023. I took a few minutes this morning to compare the DEA Spring 2023 and Fall 2023 agendas for new rulemakings just to see what novel issues were being considered. My conclusion is that the Fall 2023 regulatory agenda is almost entirely a reprisal of the Spring 2023 version. The sole exception is the resurrection of a Fall 2019 proposed rulemaking regarding amendments to DEA hearing regulations (RIN: 1117-AB50). To use an old musical expression, second verse same as the first (almost). Below is information regarding this issue as posted on the OIRA website and a link. https://lnkd.in/gDuj3Swy The notice of proposed rulemaking has an anticipated publication date of October 2024. DOJ/DEA RIN: 1117-AB50 Publication ID: Fall 2023  Title: Amendments to the Drug Enforcement Administration Hearing Regulations  Abstract: This rule proposes to amend the Drug Enforcement Administration (DEA) hearing regulations that govern the procedures in administrative hearings to deny, revoke, or suspend a DEA registration to handle controlled substances or listed chemicals.   Agency: Department of Justice(DOJ)  Priority: Substantive, Nonsignificant  RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage  Major: No  Unfunded Mandates: No  CFR Citation: 21 CFR 1300 and 1301    21 CFR 1303    21 CFR 1308 and 1309    21 CFR 1312 and 1313    21 CFR 1315 and 1316    21 CFR 1321    Legal Authority: 21 U.S.C. 875 to 877    Legal Deadline:  None Timetable: Action Date FR Cite NPRM  10/00/2024  Additional Information: DEA Docket number 395 Regulatory Flexibility Analysis Required: No  Government Levels Affected: None  Small Entities Affected: No  Federalism: No  Included in the Regulatory Plan: No  RIN Information URL: DPW@dea.gov  Public Comment URL: www.regulations.gov   RIN Data Printed in the FR: No  Agency Contact: Scott A. Brinks Section Chief, Regulatory Drafting and Support Section, Diversion Control Division Department of Justice Drug Enforcement Administration 8701 Morrissette Drive, Springfield, VA 22152 Phone:571 362-8209 Email: scott.a.brinks@dea.gov

Generic Compliance Ratios (GCRs) GCRs are an anti-competitive business tactic applied by large, powerful drug wholesalers against smaller, weaker pharmacies in order to increase control over the pharmacies' purchasing habits and extract higher profit margins. The Federal Trade Commission is collecting information from the public about drug wholesaler practices and if you are a pharmacy owner who would like to provide commentary, you can do so *anonymously* if you are worried about retaliation from your Primary wholesaler. I have posted my comment on GCRs to the FTC here (also the portal for others to comment), download the PDF for the full comment. Comments are due by April 15, 2024. https://lnkd.in/g3Wd6Htn

MCA Cannabis Community, The DEA’s decision to reschedule cannabis to Schedule III is open for the 60-day notice and comment period until July 22. This is a critical opportunity for us to shape the future of the cannabis industry and ensure our collective voice is heard. Potential Impacts of Rescheduling Cannabis to Schedule III ... Rescheduling cannabis from Schedule I to Schedule III could have profound effects on our industry, including: Improved Research Opportunities: Allowing more comprehensive scientific research into cannabis, its medical benefits, and potential risks. Eased Financial Restrictions: Potential reduction in the financial and banking challenges currently faced by cannabis businesses. Tax Relief: Changes to the application of IRC 280E will allow cannabis businesses to deduct ordinary business expenses and improve their overall financial viability. Regulatory Clarity: Providing more straightforward guidelines for the industry can lead to more consistent and fair regulatory practices. Social Equity Advancements: Promoting more equitable opportunities within the cannabis industry, ensuring that communities disproportionately affected by previous cannabis laws benefit from the industry’s growth. How to Submit Your Public Comment: To Submit Online: Visit regulations.gov. Alternatively, go to regulations.gov and search “Docket No. DEA-1362”. Type your comment directly or attach a file for lengthier comments. To Submit Via Mail: Include “Docket No. DEA-1362” on all correspondence. Mail paper submissions to: Drug Enforcement Administration Attn: DEA Federal Register Representative/DPW 8701 Morrissette Drive Springfield, Virginia 22152 Important Notes: Electronic comments must be submitted by 11:59 PM Eastern Time on the deadline date. Duplicate electronic and paper submissions are discouraged. Why Your Voice Matters? Our industry faces unique challenges and opportunities. By participating in this crucial dialogue, we can: - Influence fair regulatory practices. - Ensure sustainable growth and development for our businesses. - Protect the interests of our community and patients. - Promote social equity within the cannabis industry. Let’s come together to advocate for fair and sensible regulations. Your participation can lead to significant changes that benefit our entire community, including advancing social equity.