Tag Archives: CSA

H.R.1227 – Ending Federal Marijuana Prohibition Act of 2017


 

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PLEASE CONTACT YOUR REPRESENTATIVES TODAY AND SUPPORT THIS BILL TO REMOVE CANNABIS/MARIJUANA FROM THE CONTROLLED SUBSTANCE ACT!

THIS IS THE CLOSEST THING TO A “REPEAL” BILL THAT HAS BEEN OFFERED AND IT IS BEING SUPPORTED BY MOST ACTIVISTS!

 

Find your legislator HERE!

 

To write or call the White House, click here

 

AND FINALLY, WE USE TWITTER!

The White House

@WhiteHouse

 

President Trump

@POTUS

 

 

February 27, 2017

Mr. Garrett (for himself, Ms. Gabbard, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To limit the application of Federal laws to the distribution and consumption of marihuana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Ending Federal Marijuana Prohibition Act of 2017”.

SEC. 2. Application of the Controlled Substances Act to marihuana.

(a) In general.—Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following:

“SEC. 103. Application of this Act to marihuana.

“(a) Prohibition on certain shipping or transportation.—This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof.

“(b) Penalty.—Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.”.

(b) Table of contents.—The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91–513; 84 Stat. 1236) is amended by striking the item relating to section 103 and inserting the following:

“Sec. 103. Application of this Act to marihuana.”.

SEC. 3. Deregulation of marihuana.

(a) Removed from schedule of controlled substances.—Subsection (c) of Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended—

(1) by striking “marihuana”; and

(2) by striking “tetrahydrocannabinols”.

(b) Removal of prohibition on import and export.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—

(1) in paragraph (1)—

(A) in subparagraph (F), by inserting “or” after the semicolon;

(B) by striking subparagraph (G); and

(C) by redesignating subparagraph (H) as subparagraph (G);

(2) in paragraph (2)—

(A) in subparagraph (F), by inserting “or” after the semicolon;

(B) by striking subparagraph (G); and

(C) by redesignating subparagraph (H) as subparagraph (G);

(3) in paragraph (3), by striking “paragraphs (1), (2), and (4)” and inserting “paragraphs (1) and (2)”;

(4) by striking paragraph (4); and

(5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

SEC. 4. Conforming amendments to Controlled Substances Act.

The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—

(1) in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;

(2) in section 401(b) (21 U.S.C. 841(b))—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) in clause (vi), by inserting “or” after the semicolon;

(II) by striking (vii); and

(III) by redesignating clause (viii) as clause (vii);

(ii) in subparagraph (B)—

(I) by striking clause (vii); and

(II) by redesignating clause (viii) as clause (vii);

(iii) in subparagraph (C), by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;

(iv) by striking subparagraph (D);

(v) by redesignating subparagraph (E) as subparagraph (D); and

(vi) in subparagraph (D)(i), as redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;

(B) by striking paragraph (4); and

(C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;

(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;

(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;

(5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;

(6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;

(7) in section 422(d) (21 U.S.C. 863(d))—

(A) in the matter preceding paragraph (1), by striking “marijuana,”; and

(B) in paragraph (5), by striking “, such as a marihuana cigarette,”; and

(8) in section 516(d) (21 U.S.C. 886(d)), by striking “section 401(b)(6)” each place the term appears and inserting “section 401(b)(5)”.


All Actions H.R.1227 — 115th Congress (2017-2018)

 

03/16/2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Action By: House Judiciary

03/03/2017
Referred to the Subcommittee on Health.
Action By: House Energy and Commerce

02/27/2017
Referred to House Judiciary
Action By: House of Representatives

02/27/2017
Referred to House Energy and Commerce
Action By: House of Representatives

02/27/2017
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Action By: House of Representatives

02/27/2017
Introduced in House
Action By: House of Representatives


https://www.whitehouse.gov/contact

https://www.whitehouse.gov/contact/write-or-call

https://www.congress.gov/bill/115th-congress/house-bill/1227/all-actions

https://www.congress.gov/115/bills/hr1227/BILLS-115hr1227ih.pdf

https://www.congress.gov/115/bills/hr1227/BILLS-115hr1227ih.xml

Additional LINKS of Information:

http://www.constitutionalcannabis.com/kentucky-house–senate-action-alerts.html

https://www.facebook.com/Kentucky-House-Senate-Action-Alerts-133526500152199/

H.R.2020 – To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act


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115th Congress (2017-2018) | Get alerts

Bill

Sponsor:
Rep. Gaetz, Matt [R-FL-1] (Introduced 04/06/2017)

Committees:
House – Energy and Commerce; Judiciary

Latest Action:
04/06/2017 Referred to House Judiciary  (All Actions)

ext: H.R.2020 — 115th Congress (2017-2018)All Bill Information (Except Text)

As of 04/08/2017 text has not been received for H.R.2020 – To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act.

CONTINUE TO DETAILS…

Clarification of the New Drug Code (7350) for Marijuana Extract


Note regarding this rule – In light of questions that the Drug Enforcement Administration has received from members of the public following the publication of the Final Rule establishing a new Controlled Substance Code Number (drug code) for marijuana extract, DEA makes the following clarification:

  • The new drug code (7350) established in the Final Rule does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA).1
  • The new drug code includes only those extracts that fall within the CSA definition of marijuana.
  • If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360).

As explained in the Final Rule, the creation of this new drug code was primarily intended to give DEA more precise accounting to assist the agency in carrying out its obligations to provide certain reports required by U.S. treaty obligations. Because the Final Rule did not add any substance to the schedules that was not already controlled, and did not change the schedule of any substance, it was not a scheduling action under 21 U.S.C. §§ 811 and 812.

The new drug code is a subset of what has always been included in the CSA definition of marijuana. By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA definition of marijuana. Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana.

Because recent public inquiries that DEA has received following the publication of the Final Rule suggest there may be some misunderstanding about the source of cannabinoids in the cannabis plant, we also note the following botanical considerations. As the scientific literature indicates, cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of marijuana, such as the flowering tops, resin, and leaves.2 According to the scientific literature, cannabinoids are not found in the parts of the cannabis plant that are excluded from the CSA definition of marijuana, except for trace amounts (typically, only parts per million)3 that may be found where small quantities of resin adhere to the surface of seeds and mature stalk.4  Thus, based on the scientific literature, it is not practical to produce extracts that contain more than trace amounts of cannabinoids using only the parts of the cannabis plant that are excluded from the CSA definition of marijuana, such as oil from the seeds. The industrial processes used to clean cannabis seeds and produce seed oil would likely further diminish any trace amounts of cannabinoids that end up in the finished product. However, as indicated above, if a product, such as oil from cannabis seeds, consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360), even if it contained trace amounts of cannabinoids.5

1 The CSA states: “The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” 21 U.S.C. § 802(16).

2 H. Mölleken and H. Hussman. Cannabinoid in seed extracts of Cannabis sativa cultivars. J. Int. Hemp Assoc. 4(2): 73-79 (1997).

3 See id.; see also S. Ross et al., GC-MS Analysis of the Total Δ9-THC Content of Both Drug- and Fiber-Type Cannabis Seeds, J. Anal. Toxic., Vol. 24, 715-717 (2000).

4 H. Mölleken, supra.

5 Nor would such a product be included under drug code 7370 (tetrahydrocannabinols). See Hemp Industries Association v. DEA, 357 F.3d 1012 (9th Cir. 2004) (Hemp II). However, as the Ninth Circuit stated in Hemp II, “when Congress excluded from the definition of marijuana ‘mature stalks of such plant, fiber . . . , [and] oil or cake made from the seeds,’ it also made an exception to the exception, and included ‘resin extracted from’ the excepted parts of the plant in the definition of marijuana, despite the stalks and seed exception.”  Id. at 1018. Thus, if an extract of cannabinoids were produced using extracted resin from any part of the cannabis plant (including the parts excluded from the CSA definition of marijuana), such an extract would be included in the CSA definition of marijuana.

SOURCE LINK

"And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat." Genesis 1:29


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Here is an essay that I’ve written to the News Enterprise, the Courier Journal, the Lexington Herald, Mitch McConnell, Rand Paul, Brett Guthrie, Matt Bevin, Rick Sanders, and the Kentucky Medical Association. I’m still looking for more people to write to, but I thought you might appreciate it. Love what you guys are doing, and keep up the great work! –Joshua

“And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.” Genesis 1:29

Those are the very first words that God spoke to mankind. He told us that He Himself made every herb, and He has given us every single one of them.

Cannabis being legalized isn’t just about the fact that the Controlled Substance Act is grossly unconstitutional, that mothers and fathers are going to prison and having their children ripped from their homes, that Congress abuses the Commerce Clause to tell us what we cannot have in our own homes and bodies, or the countless lives that have been destroyed because of the failed War on Drugs. Cannabis is a God given right.

The governments tell us God was wrong; that He made a mistake. Why should anyone, whether they support legalization or not, stand for such a thing? Cannabis laws have nothing to do with helping anyone, nor do they have to do with money. The government uses cannabis to invade the rights of everyone. The DEA has put GPS tracking devices on vehicles, they have intercepted millions of American’s phone calls, they can open your mail, and they can search your home or car without a warrant by simply saying, “It smelled like marijuana”.

The Commerce Clause of the Constitution says that Congress has the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. From this single sentence, Congress created the Controlled Substance Act. This is how it works:

Congress has the authority to control “interstate commerce”, or commerce between state lines. Commerce within state lines, or “intrastate commerce” is supposed to be regulated by the individual States. However, Congress says that it is not feasible for law enforcement to know whether cannabis is being sold or was obtained through interstate commerce, so they regulate the intrastate commerce as well.

In 2002, Angel Raich’s home was invaded by DEA agents who destroyed her six medical cannabis plants. Raich took this to the Supreme Court, claiming that her plants were for personal use and obviously did not affect interstate commerce. The Court disagreed, stating that in Wickard vs. Filburn (1942), the Court had decided that growing wheat for one’s personal use was within Congress’s power to regulate. This essentially means that Congress has the authority to prohibit absolutely anything. If they wish to prohibit chairs, you cannot have a chair for personal use. They may also ban all materials used to “manufacture” chairs. This is not just about “drugs”. This is about our rights and liberties as American citizens.

The Controlled Substance Act says cannabis, or “marihunana” as it’s called in the Act, is a Scheduled 1 substance along with heroin and LSD, which means it has no acceptable medicinal value. However, Patent 6630507 is the U.S. Govenment’s own patent on the various cannabinoids present in cannabis. The government is lying, and millions of people are forced to use prescription drugs which have rampaged Kentucky and the country.

Yet alcohol, which must be manufactured and has destroyed countless lives, is sold and celebrated all over the country. The Scriptures have plenty to say about alcohol and why it is wise to avoid it. When God made all the plants on the third day, before there was ever a man to till the ground, cannabis grew without any help. There is no need to “manufacture” cannabis. It’s a plant!

Some will say “But it’s against the law of the land!” Nonsense. The law of the land is that God made all plants and herbs, because the very first words that God said to man is “Behold, I have given you every herb bearing seed”.

God made it, and He made it for you. He made it because He loves you. He made it to bring you health, wellbeing, and to supplement your endocannabinoid system, which He also made. Nobody has the right to tell you that you can’t have that which God explicitly said is yours.

“He causeth the grass to grow for the cattle, and herb for the service of man: that he may bring forth food out of the earth” Psalm 104:14

If you have access to the internet, I urge you to research whether these things are true. Search where Congress draws their power for the Controlled Substance Act, the endocannabinoid system that exists in every human, Patent 6630507, and the history and science behind this very ancient herb. Then contact our representatives and tell them that we will not stand for having our rights trampled on any longer; because we are Kentucky, we are patriots, and we believe the Word of God.

(Written and received from an “Anonymous” reader, sk.)

Trump’s marijuana options


 

marijuana

By Beau Kilmer – 01/17/17 01:30 PM ES

Finally, there appears to be a serious federal discussion about marijuana legalization. But it’s nowhere near the Beltway.

Prime Minister Justin Trudeau’s marijuana task force recently released a landmark report about legalizing and regulating the drug in Canada. Advocates on all sides will find something to disagree with in the report, but that’s the point. Canada’s federal government is kicking off a meaningful discussion about this complex and controversial topic.

This is far different from the U.S. federal approach.

The Obama administration has largely taken a hands-off approach, releasing a 2013 Department of Justice memo indicating that federal prosecutors and law enforcement agents should not use scarce resources to shut down state-legal operations in places that have “implemented strong and effective regulatory and enforcement systems.” To the Obama administration’s credit, the president did recently note marijuana legalization is “a debate that is now ripe” and the director of the National Institute on Drug Abuse called for more research to determine which “policy structures—beyond simply prohibition or free market—are most likely to keep harms to a minimum.”

No one knows what the Trump administration will do about marijuana, and Sen. Jeff Sessions’ confirmation hearing for attorney general didn’t provide much insight. Will it follow Obama’s lead? Trudeau’s? Do something entirely different? The new administration will have at least six options.

Shut it down. The administration could crack down on marijuana businesses in states that have legalized for nonmedical purposes. It would be easy for DOJ to send out “cease and desist” letters to these companies and their landlords. However, there could be serious political costs with states arguing these federal actions would put people out of jobs, increase income for criminals and take tax dollars away from good causes.

Shape the markets. The DOJ could use its discretion to shape what the market looks like in the legalization states. Want to stop stores from selling and promoting high-potency products for nonmedical purposes? A letter could probably do the trick here, too. If not, seizing the products in a store or two could have a chilling effect.

Maintain the status quo. Doing nothing—and sticking with Obama’s approach—is always an option. This would likely lead more states to follow Colorado and Washington and grant licenses to marijuana companies incentivized to maximize profits instead of protecting public health.

Reclassify marijuana. The new administration could support rescheduling marijuana. Currently, marijuana is a Schedule I drug—the most restrictive category—because the Food and Drug Administration remains unconvinced that the whole plant material has an accepted medical use. Rescheduling would make it easier to research the health consequences—benefits and harms—and could have implications for marijuana businesses.

Address federal-state conflicts. The new administration could maintain federal prohibition while supporting legislation or other solutions to address problems caused by the federal-state conflict. For example, banks that accept money from state-legal marijuana businesses are committing federal offenses. The inability to bank like other entities creates challenges for thousands of companies. 

The administration could also support the creation of a policy waiver system that would make it easier and less risky for states to legally experiment with alternatives to the profit-maximization model, such as the state monopoly approach. (That said, the risk of federal interference hasn’t stopped tiny North Bonneville in southern Washington state from creating a government-owned and -operated store).

Legalize it. The administration could support legislation to legalize and regulate marijuana at the federal level. This would address the federal-state conflicts and allow the feds to impose a national tax or minimum price. It would also be a blatant violation of the international drug conventions that the United States has signed along with almost every other nation on earth (including Canada).

These six options are not all mutually exclusive and each comes with tradeoffs. Importantly, they are all compatible with a federal approach that encourages and supports discussions about marijuana prohibition and its alternatives. But if the feds don’t act, it is possible the United States could end up with a much looser and more commercial marijuana model than if the federal government legalized or created a waiver system.

With one-fifth of the U.S. population living in states that have legalized, the federal-state conflict over marijuana will likely only get more intense. Those in the Beltway who want to address the situation would be wise to familiarize themselves with the pros and cons of these six options—and pay attention to the discussions taking place in Canada.

Beau Kilmer is co-director of the RAND Drug Policy Research Center and co-author of the recently revised book Marijuana Legalization: What Everyone Needs to Know

CONTINUE READING…

HELLO, I’m SUING YOU!


CBD Oil Lawsuit To Reverse DEA Ruling?

By Jessica Leone

January 16, 2017

CBD Oil Companies File Lawsuit Against DEA

 

Last month, the DEA enacted a ruling that would establish a Controlled Substance Code Number for all marijuana based derivatives, including CBD oil. The final rule was called “Establishment of New Drug Code for Marihuana Extract” and included a clause that made CBD oil, a non-psychoactive oil derived from marijuana, a Schedule I substance. The ruling declares that everything containing any element of a marijuana plant is a controlled substance. This places CBD oil (which is usually used as a natural anti-seizure medication, anti-inflammatory and pain reliever) in the Schedule I category, alongside heroin and LSD, as one of the most dangerous drugs, containing no medicinal value. The decision upset the already booming cannabis and hemp industry that have countless products on the market that have not presented any problems.

The Groups Behind the CBD Oil Lawsuit

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The DEA’s ruling against CBD oil has resulted in a group lawsuit against the DEA.

With the cannabis industry in a state of panic and upheaval following the decision, 2 hemp companies and a fellow associate have decided to file a lawsuit against the DEA, claiming they have overstepped their bounds and put an entire well established industry at risk. Hemp Industries Association, Centuria Natural Foods and RMH Holdings LLC have contracted the services of Hoban Law Group, a firm based out of Denver, Colorado that specializes in marijuana related issues.

Hoban’s Statement

The attorneys at Hoban filed the lawsuit which stated that “the final rule creates this new drug code, indicative of being a controlled substance, for substances which are in fact not controlled pursuant to the (Controlled Substances Act). Specifically, the final rule dictates that the mere presence of ‘cannabinoids,’ which are not controlled substances, is the determinative factor of whether a compound is a ‘marihuana extract’.”

The DEA Stands By Its Decision

2014 farm bill may protect cbd oil from dea ruling

Language in the 2014 Farm Bill may actually protect hemp from the DEA ruling.

Russ Baer, spokesperson for the DEA, has stated that he cannot comment on a petition that he has seen but he has made it clear that the DEA stand by their ruling. He says that every single aspect of marijuana, including hemp, is considered a controlled substance. This includes every compound, derivative, salt or preparation of any substance made from any part of a cannabis plant. He claims that, until the DEA receives conclusive scientific proof of the plant’s medicinal benefits from a DEA registrant or person given authority by the DEA to research marijuana, it will remain a Schedule I substance and so will all its derivatives. Until now, the DEA has not authorized the medicinal research of marijuana which means there has been no way of establishing any DEA approved proof. They have, however, decided that they will begin to approve medical research although there are many hoops to jump through before research can be undertaken.

The lawsuit disagrees, claiming that under the Controlled Substances Act, the mature stalk of a marijuana plant can be used legally. The 2014 Farm Bill also allows states to create industrial hemp laws. It is also legal to import industrial hemp. Since CBD oil can be made from industrial hemp, it cannot technically be termed illegal. Hoban is stating in the lawsuit that the DEA has no legal authority to declare something that is currently legal illegal without approval from Congress. The lawsuit asks the court to overturn the final rule of the DEA.

CONTINUE READING…

Petitioning to keep Kratom OUT of the Controlled Substance Act and Schedule I – We only have until December 1st!


kratom-plant

Recently I published an article with information pertaining to the rescheduling of Kratom by the U.S. Government via the DEA into Schedule I Status.

Fortunately the change was at least held off long enough for people to be able to make their comments on the subject.

The link to REGULATIONS.GOV where the DEA/Federal Government is accepting comments is only going to be active until December 1st so don’t forget to make your comment soon!

Additionally there is another petition to keep Kratom off the Controlled Substance list.  The link to that petition is here:

Do not place Kratom on the Controlled Substance List

Please sign this petition as well!

We are anti-prohibitionist’s!

sk

The DEA is accepting comments on the rescheduling of Kratom into Schedule I until December 1st…The time to comment is NOW!


Due to be published in the “Federal Register” on August 31st, 2016 is the DEA’s “Intent to reschedule” the opioids mitragynine and 7-hydroxymitragynine  These are the “ingredients” of the plant Kratom and they are placing it into schedule I using the “temporary scheduling provisions” of the Controlled Substances ActLINK

 

Image result for kratom

 

Speak now or forever hold your peace!  You have been notified! 

The DEA reluctantly put on hold it’s intentions of placing Kratom into a Schedule I controlled substance category in August of 2016 after having such a backlash of individuals complaining about the proposed plans.  However, they are still contemplating that move and we only have until December 1st to make our comments through a website designed for us which states that this is …

“Your voice in Federal decision making” on the website of REGULATIONS.GOV.

An unknown number of people in the U.S. use Kratom daily to ease pain and withdrawal symptoms among other things.  It is a “plant” and it belongs to the “People”!  It is a part of our unalienable rights!

This is just the latest move by the DEA through the U.N. and “Agenda 21” to claim all of our rights to any substance that can possibly make the pharmaceutical companies more profitable in the future by denying access to this plant by the individual now.  In fact, a Patent application, dated 2009 exists already. 

United States Patent Application
20100209542

LINK

PLANT MATERIAL OR PLANT EXTRACT OF UNDETERMINED CONSTITUTION AS ACTIVE INGREDIENT (E.G., HERBAL REMEDY, HERBAL EXTRACT, POWDER, OIL, ETC.):  LINK

U.S. Classification
424/725, 514/285

STATEMENT OF GOVERNMENTAL SUPPORT [0001] This invention was made with government support awarded by: i) the National Institutes of Health (grant number NIH 022677); ii) the National Institute For Drug Abuse (grant numbers DA022677 and DA014929); and iii) the National Center for Research Resources (grant number P20RR021929). The government has certain rights in the invention.  LINK

Scientific American published an article “Should Kratom Use Be Legal?” in 2013, which features an interview with Edward Boyer, a professor of emergency medicine and director of medical toxicology at the University of Massachusetts Medical School, which is a very good article concerning Kratom.  It is a good source of information for those who are not familiar with Kratom.  Ironically enough, it is the University of Massachusetts Medical School which is the “Assignee” on the above patent.  In addition, the following Patents are noted in 2016:

Citing Patent
Filing date
Publication date
Applicant
Title

US9265458
Dec 4, 2012
Feb 23, 2016
Sync-Think, Inc.
Application of smooth pursuit cognitive testing paradigms to clinical drug development

US9380976
Mar 11, 2013
Jul 5, 2016
Sync-Think, Inc.
Optical neuroinformatics

 

Please take note of the “LEGAL EVENTS” that are at the bottom of the page at this LINK.

The “drug war” has taken enough of our plants and enough of our lives.  We cannot continue to let them regulate us out of every plant of food and medicine which were ever given to us as Our “inalienable rights” as Human Beings and laid out in Our Constitution.  I wrote an article concerning this in 2015, entitled, HOW THE UNITED NATIONS IS STEALING OUR “UNALIENABLE RIGHTS” TO GROW FOOD AND MEDICINE THROUGH THE U.N. CONVENTION ON NARCOTIC DRUGS AND AGENDA 21 (LINK), which explains much of how this is being accomplished by our Government(s).

Kentucky Senate Bill 136, in 2016, was defeated and did not take effect this year.  However, there are many other states in which it has been rescheduled to a I on a state level.  If we do not stop this from happening now, we will never be able to once it is Federally rescheduled.  So take a moment and make your opinion heard.  Use the Federal website to post your comment now!

#PlantsRights #EndProhibition #EndTheDrugWar

 

KRATOM

 

 

https://www.regulations.gov/document?D=DEA-2016-0015-0006

https://www.regulations.gov/document?D=DEA-2016-0015-0002

https://www.regulations.gov/docket?D=DEA-2016-0015

https://kentuckymarijuanaparty.com/2016/02/23/oppose-sb-136-banning-the-kratom-herb/

https://kentuckymarijuanaparty.com/2015/10/26/rights-and-freedoms-may-in-no-case-be-exercised-contrary-to-purposes-and-principles-of-the-united-nations-how-the-united-nations-is-stealing-our-unalienable-rights-to-grow/

http://www.americankratom.org/legal_status#_=_

https://www.scientificamerican.com/article/should-kratom-be-legal/

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542#legal-events

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20100209542.PGNR.

https://www.google.com/patents/US20100209542

http://www.alternet.org/drugs/big-pharma-patents-kratom-alkaloids-real-reason-dea-banning-plant

 

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Democrats call for ‘pathway’ to marijuana legalization


 

 

 

By David Weigel July 9 at 6:27 PM

ORLANDO — The Democratic Party endorsed a “reasoned pathway to future legalization” of marijuana and called for the drug to be downgraded in the Controlled Substances Act, in a tense and unexpected victory for supporters of Sen. Bernie Sanders.

Going into the platform committee meeting, Sanders’s campaign had no new language about marijuana. The senator from Vermont had favored state-to-state legalization efforts, and the language approved by the drafting committee called for “policies that will allow more research on marijuana, as well as reforming our laws to allow legal marijuana businesses to exist without uncertainty.”

But on Saturday afternoon, the committee brought up an amendment that would have removed marijuana from the Controlled Substances Act. David King, a lawyer and Sanders delegate from Tennessee, argued that marijuana was added to the act — giving the drug the same legal classification as heroin — during a “craze” to hurt “hippies and blacks.” The amendment, however, was headed for defeat, with some committee members worrying that it went too far and undermined state-by-state efforts to study decriminalization.

Arguments stopped when committee members proposed swapping in the language of a rival amendment — one that merely downgraded marijuana from Schedule 1 of the Controlled Substance Act and included the undefined “pathway” to legal status.

When the vote was called, 81 of the 187 committee members backed the downgrade amendment — and just 80 opposed it. A roar of applause went up from the seats where people not on the committee were watching the votes.

For the next 10 minutes, that victory was thrown into jeopardy. Former Atlanta mayor Shirley Franklin, the co-chair of the platform committee, entertained a complaint that at least one member might not have been able to vote, lacking the “clicker” that recorded electronic ballots.

“If you don’t have a clicker, now is the time to ask for one,” Franklin said.

Arguments broke out, some of them over the black-curtained divider keeping the committee members from the non-voting observers, and one Clinton delegate complained audibly that the Sanders delegates “wanted 100 percent of everything.” (The vast majority of observers, since Friday, have been Sanders backers.) Finally, former senator Mark Pryor (Ark.), a Clinton delegate, walked up to a microphone to announce that opponents of the amendment were unhappy that the compromise language had been replaced — but not unhappy enough to fight about it.

“We withdraw the objection,” he said.

There was more celebration in the back of the room. Later, after the unanimous adoption of a tough criminal justice reform plank, the grumbling that ended some sessions was replaced by Sanders voters saying: “Thank you! Thank you!”

The text of the marijuana amendment:

Because of conflicting laws concerning marijuana, both on the federal and state levels, we encourage the federal government to remove marijuana from its list as a Class 1 Federal Controlled Substance, providing a reasoned pathway for future legalization

The text of the criminal justice amendment:

We will work with police chiefs to invest in training for officers on issues such as de-escalation and the creation of national guidelines for the appropriate use of force, including how to de-escalate situations. We will encourage better police-community relations, require the use of body cameras, and stop the use of weapons of war that have no place in our communities. We will end racial profiling that targets individuals solely on race, religion, ethnicity, and national origin, which is un-American and counterproductive. We should report national data on policing strategies and provide greater transparency and accountability. We will require the Department of Justice to investigate all questionable or suspicious police-involved shootings, and we will support states and localities who help make those investigations and prosecutions more transparent, including through reforming the grand jury process.

CONTINUE READING…

This is how the FDA can instantly criminalize any vitamin or plant extract


HEALTH FREEDOM ALERT: The FDA just outlawed CBDs and hemp oil extracts by claiming all plant molecules now belong exclusively to Big Pharma

Sunday, March 20, 2016
by Mike Adams, the Health Ranger
Tags: CBD, hemp oil extract, FDA regulations

CBD

(NaturalNews) Hemp oil extracts containing CBDs (cannibidiols) are such a threat to the pharmaceutical industry that the FDA is now invoking totally insane justifications for outlawing them.
CBDs are non-psychoactive compounds found naturally in hemp plants. They work so well as powerful natural medicine that people everywhere are realizing CBDs work better than pharmaceuticals for treating epilepsy, seizures, neurological disorders and other serious health conditions (including HIV infections).
So the FDA has just launched a massive regulatory assault against CBDs by invoking the most insane logic you’ve ever heard. Here’s how it goes:
1) CBDs work so well that drug companies are now investigating them to be approved by the FDA as medicines.
2) Because CBDs are being investigated by drug companies, the FDA has granted CBDs status as being “investigated as a new drug.” In the FDA’s own language from their website, “FDA considers a substance to be ‘authorized for investigation as a new drug’ if it is the subject of an Investigational New Drug application (IND) that has gone into effect.”
3) Because CBDs work so well and have been authorized for drug investigations, the FDA now OUTLAWS them being sold as dietary supplements. Per the FDA’s own website: “FDA has concluded that cannabidiol products are excluded from the dietary supplement definition under section 201(ff)(3)(B)(ii) of the FD&C Act. Under that provision, if a substance (such as cannabidiol) has been authorized for investigation as a new drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public, then products containing that substance are outside the definition of a dietary supplement.”
4) Now the FDA has begun sending warning letters to CBD makers, claiming they are in violation of FDA regulations because they are selling “adulterated products.” Adulterated with what, exactly? CBDs, of course! “The debate over hemp CBD’s legal status continues after FDA sent eight warning letters to manufacturers of CBD dietary supplement and food products earlier this month,” reports Nutritional Outlook. “The warning letters cite impermissible health claims used to market the products, as well as CBD’s invalid status as a dietary ingredient due to its presence in two drug applications currently under consideration.”

The FDA just criminalized one of the most miraculous healing medicines in the world by handing it over to Big Pharma

In other words, the FDA just handed Big Pharma an absolute monopoly over CBDs (hemp oil extract) by ridiculously claiming such natural products are “adulterated” with molecules (CBDs) that the FDA says might one day become a drug.
“Drugs,” according to the FDA, are substances that are proven to treat, prevent or cure a disease, and thus the FDA’s own logic admits that CBDs must be able to treat, prevent or cure diseases, otherwise they would be useless as “drugs”.
But when a dietary supplement company makes the same claim, they are hit with aggressive warning letters from the FDA, threatening to shut them down, confiscate their products and seek criminal prosecution of the company executives.

This is how the FDA can instantly criminalize any vitamin or plant extract

Do you see how this twisted, corrupt regulatory tactic can allow the FDA to instantly criminalize any dietary supplement, vitamin, herb or plant extract?
Vitamin D, for example, could be outlawed by the FDA announcing that it has granted “Investigational New Drug application (IND)” status to any drug company studying vitamin D.
Using this same corrupt, mafia-style tactic, the FDA could outlaw resveratrol or even vitamin C, denying Americans the right to access safe, affordable, natural substances that are routinely found in nature.

It’s time to end the FDA’s monopolization over natural plant molecules

If humanity is ever to achieve medical freedom, we must end the FDA’s outrageous medical monopolization of plant molecules such as CBDs. By allowing this corrupt, criminally-run regulatory agency to criminalize every molecule found in nature, our nation’s lawmakers condemn us all to life in what can only be called medical totalitarianism under FDA tyranny.
Any time a healing substances is found in nature, the FDA can simply assert that such molecules are now in the process of being studied as drugs and are therefore illegal to sell as dietary supplements even though they were developed by Mother Nature, not drug companies.
This FDA tactic is nothing more than the FDA proclaiming intellectual monopolies over all molecules of interest found in nature. It is Monsanto-like in its arrogance and wickedness, and it deprives the People of their right to access medicinal plants and healing substances that have existed in nature for countless thousands of years long before the FDA ever came into existence (1906).
If we do not stop this FDA, we are all doomed to living under a totalitarian regulatory regime that will systematically criminalize every healing molecule found in nature, from the curcuminoids in turmeric root to green tea catechins and even phycocyanins found in spirulina.
That this federal agency has now resorted to such tactics of medical totalitarianism and outright tyranny is proof that we need to strip the FDA of regulatory powers over natural dietary supplements and limit its domain to pharmaceutical drugs only.
Coincidentally, a Presidential election is upon us that threatens to shake up the entire establishment if the right person wins. “Establishment” candidates on both sides of the aisle would simply continue the FDA war on natural molecules that’s now under way, but there is one candidate who has openly threatened to challenge the authority of federal regulators like the EPA and FDA.

FDA begins crackdown by targeting inaccurate label claims… but it won’t end there

The FDA has now declared war on CBDs and hemp oil extracts. Its first targets are those companies who have inaccurate label claims or are committing outright fraud in claiming CBD concentrations that don’t even exist in their products.
On this point, I must agree that inaccurate label claims deserve regulatory enforcement. The CBD industry is heavily populated with fraudulent sellers whose products often contain no CBDs at all.
“The FDA has turned its back on the cannabis industry, claiming that CBD products cannot be sold as dietary supplements,” reports Canna Business. “Companies affected by the latest crackdown include Cali Stores, Dose of Nature, Green Garden Gold, Healthy Hemp Oil, Michigan Herbal Remedies, Morgue Juice, Pain Bomb and Sana Te Premium Oils. According to the FDA’s analysis, all products contained different amounts of 9-THC, THCa, CBDa, CBN and CBD than they had claimed.”
The second target of the FDA is companies that made disease treatment claims that their CBD products might treat epilepsy, cancer or other conditions. The FDA, of course, routinely attacks any dietary supplement maker that tells the truth about the medicinal benefits of their products. According to the FDA, there is no such thing as any food, nutrient, herb or natural molecule that has any ability whatsoever to treat, prevent or cure any disease. This position is, of course, patently absurd and stands in total violation of nutritional science, but it is the “big lie” the FDA must maintain in order to keep putting dietary supplement companies out of business.
Once the FDA finishes destroying all the companies with inaccurate labels and disease marketing claims, it will target all the honest suppliers of CBDs who are selling genuine, honest products that contain accurate CBD labels. This is the real goal of the FDA: to threaten, intimidate and destroy the entire CBD industry and thereby protect the medical monopolies of drug companies that can’t wait to cash in on these amazing molecules that really do treat disease (otherwise, Big Pharma would have no interest in them).

This is how the FDA keeps the medical racket marching along

And so the great medical monopoly racket marches on, with the FDA giving a big “F-YOU” to the American people while handing lucrative medical monopolies to its greed-driven friends in the pharmaceutical industry. Meanwhile, the American people are denied healing medicine that works at a fraction of the cost of overpriced pharmaceuticals.
Entrepreneurial companies that offer such hemp oil extracts containing CBDs — natural medicines that could help reduce human suffering while lowering health care costs nationwide — are threatened by the FDA with devastating enforcement actions that could land their executives in prison.
This is all part of the FDA’s war on natural medicine that systematically criminalizes molecules found in nature and the people who seek to make those molecules available to patients in need. While disease suffering skyrockets across America and medical expenses push more and more families over the threshold of bankruptcy and destitution, isn’t it comforting to know that your federal government is doing everything in its power to deny you access to safe, affordable natural medicine while protecting the profits of the drug giants?

What can you do to oppose this medical tyranny by the FDA?

None of this is ever going to change, by the way, if we keep electing establishment politicians to the White House. If you want to see real change in the legalization of hemp extract components such as CBDs, you’d better vote for someone who terrifies the establishment and threatens to tear it down.
At the same time, you need to support health freedom organizations like the Alliance for Natural Health, which is fighting to keep dietary supplements legal in America.
You should also watch this video animation that exposes the anti-dietary supplement bias of PBS Frontline, which recently ran a totally dishonest hit piece documentary attacking supplements.
There is a nationwide effort under way right now to criminalize ALL dietary supplements and force every plant extract, vitamin or food concentrate to be regulated by the FDA as if they were prescription drugs. This would utterly wipe out the entire dietary supplements industry and plunge America into an era of runaway disease, suffering and death as people are denying access to the healing nutrients that are presently preventing disease (and even reversing serious disease in some cases).
Finally, share this story and join the Natural News email list (below) to stay informed on all this. As the editor of Natural News, I am fighting for your right to access CBDs and hemp oil extracts, as they are amazing natural medicines that can treat, prevent and in some cases even help cure serious health conditions.

The FDA is anti science and anti human rights

We have a fundamental human right to access healing plants found in nature, and the FDA has systematically sought to destroy that right and criminalize those who seek to express it. Access to Mother Nature’s healing molecules is a fundamental human right that exists above and beyond the Bill of Rights. It is a DIVINE right.
To reestablish our access to these rights, we need a political revolution in Washington that puts people in power who are ready and willing to dismantle the FDA and end its devastating monopolies over dietary supplements, medicinal herbs and natural molecules found in nature.
We need to legalize health freedom in America and set this nation on a new path of disease prevention and drastically reduced health care costs through access to affordable, natural medicines. The only way to accomplish this is to end the FDA’s reign of tyranny over the dietary supplements industry.
We need a new health freedom revolution in America, and it starts at the ballot box. It’s time to start electing outsiders, not insiders… people who the terrify the Washington establishment because they know their insidious grip on regulatory power will be challenged. If you want medical marijuana legalized, or if you want access to CBD oil as an affordable dietary supplement, it’s time to start voting for people the establishment is desperately trying to destroy. Because it is only those people who have any real hope of achieving the kind of political and legislative goals that will end the FDA’s stranglehold on natural medicine in America.

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Sources for this article include:
http://www.fda.gov/NewsEvents/PublicHealthFo…
http://www.nutritionaloutlook.com/herbs-bota…
http://www.cannabusiness.com/news/products-i…

Learn more: http://www.naturalnews.com/053369_CBD_hemp_oil_extract_FDA_regulations.html#ixzz43aLcL8Km