With Marijuana Policy and Democratic Presidential Candidates, Joe Biden is the Odd Man Out

Joe Biden (Flickr/Marc Nozell)

The ever-swelling field of Democratic presidential contenders has plenty of things to disagree about and plenty of issues where candidates can try to set themselves apart from the pack. But on the issue of marijuana policy, support for some form of marijuana legalization is almost universal.

With one glaring exception: Joe Biden. The former vice-president already leads the polls even though he has not formally announced — that is expected to happen this week — but his history as a drug warrior and his last-century attitudes toward marijuana may well be a drag on his effort to reinvent himself as a 21st Century Democrat.

Since the last time Biden ran for elective office in 2012, the marijuana policy terrain has undergone a seismic shift. The first two states to legalize marijuana did on the night of Biden’s reelection as Obama’s vice-president. Now, there are 10 legal states, as well as Washington, DC, and two US territories. Two or three more states could still join those ranks this year.

And public opinion has shifted dramatically as well. A CBS poll released last week had support for legalization at 65%, an all-time high for that poll and in line with other recent poll results on the topic. The Democratic field can read poll numbers, and that’s evident from the positions they are staking out.

Vermont Sen. Bernie Sanders was first out of the gate on legalization, filing the Senate’s first-ever legalization bill in 2015 and making it a cornerstone of his 2016 campaign rhetoric. Sanders has also signed onto New Jersey Sen. Cory Booker‘s Marijuana Justice Act, reintroduced in February, and he’s not the only contender to do so. Also supporting the bill are Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), and Elizabeth Warren (D-MA).

Warren also sponsored the STATES Act, which would block the federal government from interfering with state-legal marijuana programs. One of her cosponsors is yet another Democratic contender, Minnesota Sen. Amy Klobuchar. Klobuchar also told the Washington Post recently that she is down with legalization.

Two House members seeking the nomination, Reps. Tulsi Gabbard of Hawaii and Tim Ryan of Ohio, have signed onto the Marijuana Justice Act’s House companion bill, while Gabbard and another contender, California Rep. Eric Swalwell are cosponsors of the Ending Federal Marijuana Prohibition Act. That bill would reclassify marijuana at the federal level and protect cannabis commerce in states that have legalized it.

Beto O’Rourke isn’t in Congress anymore, but he has a strong drug and marijuana policy history going back to his days on the El Paso city council a decade ago. While he was in Congress, he supported bills that aimed at protecting legal states from federal intervention and just plain ending federal marijuana prohibition. Since announcing his presidential bid, O’Rourke has again called for the end of federal marijuana prohibition.

John Delaney isn’t in Congress anymore, either, but when the Maryland Democrat was there, he cosponsored a number of marijuana reform bills, including the 2013 Respect State Marijuana Laws Act. In March, Delaney told a CNN Town Hall that marijuana should be reclassified at the federal level.

Among contenders who aren’t current or former senators or congresspeople, support for marijuana legalization is just as strong. South Bend, Indiana, Mayor Pete Buttigieg has said that marijuana legalization is “an idea whose time has come,” while former Housing and Urban Development Secretary Julian Castro is calling for legalization and expungement of arrest records, and political newcomer Andrew Yang had made legalization part of his platform.

Washington Gov. Jay Inslee, whose state was among the first to legalize it, told CBS News Radio it was time for the rest of the nation to follow. He has also announced plans to pardon thousands of people for their misdemeanor marijuana possession charges. Former Colorado Gov. John Hickenlooper, whose state beat Washington to the punch by a matter of hours, didn’t support legalization at home in 2012 and isn’t quite ready to end federal prohibition now, telling a CNN Town Hall in March that he would instead support leaving it up to the states.

And then there’s Biden. He has a terrible record on marijuana and drug policy going back to his days as chair of the Senate Judiciary Committee. His signature piece of crime legislation, the 1994 Violent Crime Control and Law Enforcement Act, established the notorious 100:1 weight disparity in sentencing crack and powder cocaine offenders, along with numerous other policy ills, sending a generation of black men to prison for years for amounts of the drug that could be contained in a cigarette pack. It took five grams of crack to generate a five-year mandatory minimum prison sentence, but 500 grams of powder cocaine to earn the same amount of time.

The provision itself wasn’t Biden’s brainchild, and former Biden aides told the New York Times he wasn’t for the mandatory minimums. But neither did he didn’t stop the provision from getting included in the bill. Biden did push for reform of the provision, and other criminal justice reforms like reentry, since at least 2007, according to the Times.

Biden has admitted he “hasn’t always been right” about drug policy — and he’s certainly right about that. Besides pushing through draconian crime bills, he also takes credit for dreaming up the notion of a “drug czar,” and he worked for years with the Reagan administration to turn that dream into fact. In 1989, the White House Office of National Drug Control Policy (ONDCP — the drug czar’s office) came into being. Sometimes the ONDCP has been a vehicle for positive if incremental reforms, At other times, though it’s been used for propagandizing, and for government-sponsored campaigning against legalization efforts.

While former drug czars Barry McCaffery, Lee Brown and others talked about relying less on incarceration, under William Bennett the ONDCP pushed for more arrests, more prisons, and more federal funding for the war on drugs. It did more than that, and Biden helped there, too. During the 1996 reauthorization of ONDCP, Biden voted for a bill that basically required the drug czar to block any studies of marijuana legalization and “take such actions as necessary to oppose any attempt to legalize the use of such substance (in any form).” That is, Biden supported requiring the drug czar to lie by law if there are any benefits of marijuana legalization.

If the office has sometimes been a counterweight to straight law enforcement voices in DOJ, it hasn’t always helped the agenda of shifting drug policy toward public health. When the Clinton administration was considering lifting a ban on the use of federal AIDS grant funds given to states to support syringe exchange programs, McCaffrey opposed it, despite overwhelming scientific evidence — advocates believe that if Donna Shalala had gotten on a certain Air Force One flight, instead of McCaffrey, the ban would have been lifted then.

Other than criminal justice reform, Biden has not had much to say about drugs or marijuana lately — perhaps realize how out of step he’s become. But what little he has said doesn’t indicate that he’s come around on marijuana policy.

In remarks on marijuana legalization, in a 2010 ABC News interview, he promoted the debunked “gateway theory” that smoking pot lead inexorably to the needle, saying: “There’s a difference between sending to jail for a few ounces and legalizing it. The punishment should fit the crime. But I think legalization is a mistake. I still believe it is a gateway drug.”

Four years later, and just weeks after President Obama said that marijuana is no more dangerous than alcohol, Biden still wasn’t ready to go any further: “I think the idea of focusing significant resources on interdicting or convicting people is a waste of resources,” he told Time magazine. “That’s different than legalization. Our policy for our administration is still not legalization, and that is and continues to be our policy.”

It’s now been five years since Biden took that stance, and a lot has changed. The question is whether Biden has changed — or whether he can. And whether he can overcome his drug warrior past in the Democratic Party of 2020.

This article is licensed under a Creative Commons Attribution license from StopTheDrugWar.organd was first published here.

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New Jersey Medical Marijuana Patients Should Not Face Discrimination for Off-The-Job Cannabis Use, Appellate Court Rules

TRENTON, NJ — Employers may not discriminate against medical marijuana patients who consume cannabis while away from the job, according to a state Appellate Court decision.

The Appellate Court’s decision reverses a lower court opinion.

While the Court opined that employers are not required to accommodate the use of medical cannabis by patients “in any workplace,” the justices also acknowledged that the plaintiff’s marijuana use, in this case, took place solely during off-work hours. “[T]he Compassionate Use Act’s refusal to require an employment accommodation for a user does not mean that the Compassionate Use Act has immunized employers from obligations already imposed elsewhere,” the Court determined, explicitly citing New Jersey’s laws against discrimination.

The case is Wild v. Carriage Funeral Holdings LLC.

Courts in a number of other medical cannabis access states, including ArizonaConnecticutMassachusetts, and Rhode Island, have recently issued similar rulings affording workplace protections for qualified patients.

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Multiple Sclerosis Patients Reduce Their Use of Opioids, Benzodiazepines Following Initiation of Cannabis Therapy

AMHERST, NY — The use of cannabis is associated with symptom mitigation and the reduced consumption of prescription drugs in patients with multiple sclerosis, according to data published in the journal Neurology.

A team of investigators from the DENT Neurologic Institute in New York performed a retrospective chart review of 77 MS patients undergoing treatment with medical cannabis. The majority of subjects reported reductions in pain, and nearly half reported improvements in spasticity and sleep. “In addition, 34 percent of patients were able to decrease or discontinue other medications, including opioids, stimulants, and benzodiazepines, indicative of symptom improvement.”

Authors concluded, “Patients with multiple sclerosis who initiated medical cannabis treatment experienced improved symptomology with good tolerability and were able to decrease or altogether discontinue opioids, stimulants and benzodiazepines.”

Their findings are consistent with those of other studies reporting the reduced use of opioids and other prescription drugs following patients’ initiation of cannabis therapy.

A marijuana plant-derived oral extract drug, Sativex, is approved for the treatment of MS-related spasticity in a number of countries, including Canada and the United Kingdom.

Full text of the study, “Multiple Sclerosis and use of medical cannabis: A retrospective review evaluating symptom outcomes,” appears in Neurology. Additional information is available from the NORML fact-sheet, “Relationship between marijuana and opioids.

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Tuesday, July 30, 2019 Headlines | Marijuana Today Daily News

A busy and brightly-lit New York City Street is filled with people walking under tall surrounding digital billboards.

Marijuana Today Daily Headlines
Tuesday, July 30, 2019 | Curated by host Shea Gunther

// New York reduces penalties for marijuana possession (Washington Post)

// The St. Kitts And Nevis Government Is Filing A Marijuana Legalization Bill This Week (Marijuana Moment)

// Immigrant Denied Re-Entry Into US After Admitting to Smoking Weed (Merry Jane)

Today’s headlines are brought to you by our friends over at Eaze.com, California’s top one stop website for legal marijuana delivery. If you live in the golden state, swing over to Eaze.com to see if they are active in your area. With deliveries taking place in less than an hour, it’s never been easier to get legal California marijuana delivery. And of course, if you don’t live where Eaze delivers, you can still benefit from all the useful bits of industry insight and analysis they’ve developed using their properly aggregate and anonymized sales data stream.

// Charlotte’s Web Hemp CBD Topical Products Expanding to 1,350 Kroger Stores Across 22 States (New Cannabis Ventures)

// Businesses appeal Utah’s medical cannabis cultivator picks (Marijuana Business Daily)

// CannTrust’s CEO didn’t just lose his job, he likely lost $8.2 million in stock options (Financial Post)

// Cresco rebranding marijuana dispensaries to Sunnyside, with wellness focus (Marijuana Business Daily)

// Legalizing Marijuana Deliveries Can Reduce Impaired Driving, Colorado Governor Says (Marijuana Moment)

// Arizona attorney general OKs digital medical cannabis payments (Marijuana Business Daily)

// USA Today Report: Cannabis Consumers Reduce Use of Pills, Booze (Leafly)

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Brother David’s Quest to Turn the Cannabis Industry Truly Green and Good

Brother David Bronner (courtesy Brother David’s)

With the advent of legalization, the marijuana cultivation industry is being transformed — and not always for the better. What was once an illicit lifestyle with mom and pop growers hiding in the hills and playing cat and mouse games with prohibition enforcers is now a legal, above-board economic sector that increasingly resembles industrial agriculture, complete with massive indoor grows the size of football fields that gobble up energy, suck up water, and require large inputs of nutrients and pesticides.

These sorts of practices are not exactly environmentally-friendly and they turn a blind eye to the climate change crisis that is already having an impact in this country, whether it’s ever-more-drenching downpours during hurricanes, more frequent and intense tornados, shorelines inundated by rising sea levels, or — closer to home for the legal marijuana industry — drought and forest fires in California and the Pacific Northwest.

Now, some stalwarts of environmental and drug reform activism are partnering with one of California’s most environmentally and socially-conscious cannabis distributors to try to tip the industry and marijuana consumers toward embracing ecologically-aware best practices that protect family farms, produce highest-quality product at competitive prices, and are good for the planet.

David Bronner, grandson of the founder of Dr. Bronner’s Magic Soaps and the company’s CEO (Cosmic Engagement Officer), is joining forces with small, sun-grown farmer champion and sustainable cannabis supply chain company Flow Kana to create Brother David’s, a nonprofit marijuana company for consumers who value where their weed was grown and care about how it was produced. The venture will also promote a “beyond organic” Sun + Earth certification that all its products will carry.

Because marijuana remains illegal under federal law, pot farmers who wish to demonstrate their commitment to sustainable, environmentally-sound organic agriculture practices cannot avail themselves of the label “organic,” which is a federal program operated by the US Department of Agriculture. Sun + Earth certification seeks to fill that gap, and then some.

The Sun + Earth label “certifies that cannabis brands are holistically, responsibly, and regeneratively grown for the well-being of all people, farmers, and the planet,” the group’s web site explains. “We set the standard above and beyond organic.” As seen in draft standards released for public comment last August, compliance with standards set by the International Federation of Organic Agriculture Movements is just the beginning. The standards go above and beyond organic by promoting biodiversity and preserving ecosystem health, water conservation, carbon sequestration, growing plants in natural light only, and promoting soil conservation, among other requirements.

Such standards are wholly in line with the cutting edge save-the-planet practices now known as regenerative agriculture, which its practitioners define as following: “Regenerative Agriculture aims to capture carbon in soil and aboveground biomass, reversing current global trends of atmospheric accumulation. At the same time, it offers increased yields, resilience to climate instability, and higher health and vitality for farming and ranching communities.”

That’s exactly what Bronner and Flow Kana want to create in the marijuana industry.

“The problem with cannabis production now is the same as with industrial agriculture in general,” Bronner said in a phone interview last week. “Now that we’re post-prohibition, we have all the same problems as every legal commodity crop. We’re seeing huge, indoor corporate grows that rely on chemicals and are energy-intensive and are displacing small farmers. There’s a way we should be growing our crops that is regenerative, that builds top soil and creates biodiverse habitat for wildlife — not dumping huge amounts of pesticides and fertilizers on the land and forcing farmers off the land to work for slave wages.”

Flow Kana has the pot farmers Brother David’s is looking for. Dedicated to creating the first sun-grown cannabis brand while supporting the state’s small, independent marijuana farming ecosystem, the company has partnered with more than 200 Northern California growers using organic farming practices. Not every Flow Kana partner farmer is Sun + Earth certified, but every partner farmer whose product is destined for Brother David’s is.

“It took us awhile to find Flow Kana,” Bronner noted. “We didn’t know of any distribution entity of any size that wasn’t trying to integrate with massive grows. But there is a real cool family at the heart of the company; they have really good ethics about partnering with farmers, they’re very transparent, and their top farms are all totally regenerative organic. These are multigenerational back-to-the-land farmers who’ve been growing cannabis alongside vegetables for decades.”

“The Emerald Triangle’s ecosystem of small farms is a rare one that regenerative pioneers like Dr. Bronner’s have spent decades creating in their supply chain. The cannabis industry already has this and we have to fight to preserve it from the ways of industrial agriculture,” said Michael Steinmetz, Flow Kana CEO. “This movement is not only about saving these environmental and community values but making this decentralized model of agriculture the gold standard for others to follow across the cannabis industry and beyond. This fight requires everyone’s involvement and careful collaboration across many operators, distributors, retailers, and brands working in tandem to preserve, protect, and evolve our industry and world.”

Veteran Washington, DC activist Adam Eidinger, who organized the District’s successful 2014 marijuana legalization initiative, is a longtime Bronner ally who describes himself as “a missionary” for Brother David’s. He accompanied Bronner on Emerald Triangle scouting trips looking for the right farms.

“We visited all the farms,” he recalled in a phone interview. “They’re all advocate farms. They’ve been in the space since before it was legal, some of them 30 or 40 years. These are well-established, multigeneration cannabis farmers. But they’re also farms that can grow their own nutrients on-site, they usually also have livestock, veggies, greens, perennials, maybe 40 crops on a small amount of land. And no-till agriculture. You end up losing a lot of topsoil every time you till,” he added.

“Brother David’s is an activist brand,” Eidinger emphasized. “This is people who have consistently been fighting for reform for 20 years, and we’re jumping in now, kind of late, because we want to identify cannabis that consumers can trust and we want to support regenerative organic farmers, small-scale producers who have transitioned to the legal market. With this brand, consumers can put their money where it will do the most good.”

That’s because Brother David’s is not only operating under agricultural best practices, it’s operating as a nonprofit, with all net proceeds going to support regenerative ag and drug and criminal justice reform efforts.

“Brother David’s is dedicating 100% of net profits, and a big chunk of that will go to drug policy reform groups, and not just cannabis reform,” Eidinger explained. “David committed $5 million to the Multidisciplinary Association for Psychedelic Studies (MAPS) through Dr Bronner’s, but there is still more need with more studies and initiatives. Some of the money will go to criminal justice reform in general, not necessarily about drugs, things like prisoner reentry and sentencing reform. If this takes off, we can do more for the community, and that’s the mission. Other companies’ mission is to make money.”

“The cannabis legalization movement has achieved significant victories in the last 20 years. Now, we need to advance consumer and environmental interests by implementing regenerative organic agriculture in the cannabis industry,” said Bronner. “As society moves closer and closer toward the federal legalization of cannabis, we need to chart a new course before it’s too late. We need to promote Sun + Earth and other high bar standards — because it’s best for the Earth in this age of climate crisis, and produces the cleanest, greenest and most ethical cannabis possible.”

Brother David’s is rolling out beginning in May in select California dispensaries. It will offer nine strains from eight different Sun + Earth certified farms partnering with Flow Kana. The strains are priced to compete in the mid-price premium market. For pot people who want to do their share to save the planet, it’s time to get woke and bake with Brother D.

This article is licensed under a Creative Commons Attribution license from StopTheDrugWar.organd was first published here.

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Iowa Lawmakers Approve Medical Marijuana Expansion Bill

DES MOINES, IA — Lawmakers in Iowa’s House and Senate have approved legislation, House File 732, to expand the state’s medical cannabis access program.

The measure now awaits action from Republican Gov. Kim Reynolds.

Under existing law, licensed dispensaries may only dispense plant-derived extracts possessing CBD and no more than three percent THC. House Fill 732 eliminates the THC cap.

It also permits physician assistants and/or advanced registered nurses to make medical cannabis recommendations, and expands the pool of patients eligible for cannabis therapy to include those with “severe or chronic” pain.

The new measure imposes restrictions regarding the total amount of THC a patient may possess in a 90-day period (25 grams).

However, this limit may be waived at the advice of a health practitioner.

About 1,000 Iowans are currently authorized to access low-THC cannabis oils.

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House Veterans Affairs Subcommittee to Hear Three Cannabis Bills

WASHINGTON, DC — On April 30, the House Veterans’ Affairs Subcommittee on Health will hold a hearing for multiple pieces of legislation, including the VA Medicinal Cannabis Research Act, the Veterans Equal Access Act and the Veterans Cannabis Use for Safe Healing Act.

In the last Congress, the previous iteration of the VA Medicinal Cannabis Research Act was passed by the Committee, yet was not advanced to the floor by the Republican leadership of the time.

The legislation “would direct VA to conduct clinical research with varying forms of medicinal cannabis to evaluate the safety and effects of cannabis on health outcomes of veterans with PTSD and veterans with chronic pain.”

The Veterans Equal Access Act has been introduced for a number of sessions now by Representative Earl Blumenauer, the co-Chair of the Congressional Cannabis Caucus, yet has yet to receive consideration until now.

Presently, V.A. doctors are forbidden from providing the paperwork necessary to complete a recommendation, thus forcing military veterans to seek the advice of a private, out-of-network physician. Passage of this bill would lift this prohibition.

The Veterans Cannabis Use for Safe Healing Act similar legislation the Veterans Equal Access Act and is the first time that is has been introduced to Congress.

You can send a message in favor of the VA Medicinal Cannabis Research Act to your lawmakers by clicking HERE.  You can send a message in favor of the Veterans Equal Access Act to your lawmakers by clicking HERE.

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Hawaii Lawmakers Pass Legislation Decriminalizing Low-Level Marijuana Possession Offenses

HONOLULU, HI — House and Senate lawmakers in Hawaii have finalized and passed legislation, House Bill 1383, decriminalizing low-level marijuana possession offenses and vacating past convictions.

The legislation now awaits action from Democratic Gov. David Ige.

The measure reduces penalties involving the possession of up to three grams of marijuana from a criminal misdemeanor, punishable by up to 30 days in jail, a $1,000 fine and a criminal record, to a non-criminal violation – punishable by a $130 fine.

It also provides a mechanism for the courts to grant an expungement order for those previously convicted of a marijuana possession offense involving no more than three grams.

The measure also establishes a task force to review cannabis policy and to make recommendations to the legislature by 2021.

If signed, the new law takes effect on January 11, 2020.

To date, 23 states and the District of Columbia have either legalized or decriminalized (eliminated the possibility of jail time) the adult possession and personal use of marijuana.

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North Dakota Lawmakers Pass Language Reducing Marijuana Possession Penalties

North Dakota House and Senate lawmakers have passed legislation, House Bill 1050, reducing marijuana possession penalties. The measure now awaits action from Republican Gov. Doug Burgum.

Under the proposal, the possession of up to one-half ounce (14.175 grams) of cannabis or marijuana-related paraphernalia for a first-time offender is reclassified from a criminal misdemeanor, punishable by up to 30 days in jail, to a criminal infraction – punishable by a fine but no possibility of jail time. Those charged with subsequent infractions over the course of a calendar year may face the possibility of misdemeanor charges.

In 2016, North Dakota ranked sixth in the nation in per capita marijuana possession arrests.

Separate provisions in the measure reduce penalties for the possession of up to 500 grams of cannabis from a felony, punishable by up to five years in prison, to a class B misdemeanor. Penalties for the possession of greater amounts are amended from a felony to a Class A misdemeanor.

If signed into law, the new penalties will take effect on August 1, 2019.

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Veterans Move One Step Closer to Medical Cannabis Access

WASHINGTON, DC — The health subcommittee of the Veterans Affairs heard testimony on three medical cannabis bills, the VA Medicinal Cannabis Research Act of 2019 (H.R. 712), Veterans Cannabis Use for Safe Healing Act (H.R. 2191), and The Veterans Equal Access Act (H.R. 1647). This trio of bills will greatly improve medical cannabis access for veterans.

These bills, while opposed by the VA were supported by many Veterans Service Organizations including the Iraq Afghanistan Veterans of America (IAVA), the Veterans of Foreign Wars, and Disabled American Veterans.

This hearing marks the first non-appropriations sub-committee hearing on the issue of veterans medical cannabis access of the 116th Congress.

The Veterans Equal Access Act allows Veterans Affairs (VA) doctors to help veteran patients fill out medical cannabis enrollment paperwork in states with a medical cannabis program. The VA Medicinal Cannabis Research Act directs the Secretary of the VA to carry out clinical trials on the effects of cannabis on health conditions prevalent in the veteran community, including chronic pain and post-traumatic stress disorder. The Veterans Cannabis Use for Safe Healing Act prohibits the VA from denying benefits to a veteran who is participating in a state approved medical cannabis program.

According to a poll conducted by the American Legion, 92% of all veterans support research into medical cannabis and 83% of veterans support legalizing medical cannabis. IAVA conducted a similar poll showing that 83% of its members also support the legalization of medical cannabis.

“As the largest healthcare provider in the country, the VA must adopt policies to appropriately serve the needs of the veteran community, especially when it comes to providing access to medical cannabis,” said David Mangone, Director of Government Affairs of Americans for Safe Access.“After returning from war, America’s heroes are faced with another battle at home against pills and suicide, and this trio of medical cannabis bills would give them the tools they need to help win this battle by providing less dangerous, non-addictive methods for symptom management.”

The Veterans Affairs healthcare system serves over 9 million veterans. Veterans can not currently participate in state legal cannabis programs if they receive their care through the VA. Opioid overdoses among veterans is almost twice the national average. States with medical cannabis programs have seen a 24.8% reduction in opioid overdose deaths.

You can watch the hearing here.

Current VA Policies on Cannabis are available here.

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