Global Ganja Report

After years of upholding employee firings for use of cannabis even under state medical marijuana programs, the courts are finally starting to turn around on the question.

One of the ways state medical marijuana programs have failed to fully extend protection to medicinal users is in failure to defend against employment discrimination. This is now beginning to change, thanks to a few recent court decisions in favor of patients and employees.

Last month, the DEA enthused the pharmaceutical industry but disappointed cannabis advocates by re-scheduling the drug Epidiolex—but not CBD, the cannabinoid that makes it work. Now word emerges of a letter to the DEA by the Food & Drug Administration essentially calling for the descheduling of CBD altogether.

With the DEA's rescheduling of Epidiolex, shares in the British manufacturer of the drug are soaring. But CBD—the actual cannabinoid that the product is based on—is to remain in the restrictive Scheudle 1.

Recent years have seen ethnic tensions in the northernmost parts of the Emerald Triangle, as Hmong growers—immigrants from the Southeast Asian nation of Laos—have established themselves in local cannabis cultivation. This has led to civil rights litigation and a polarized atmosphere in Siskiyou County. But just to the south in Trinity County, a group is working to head off tensions by helping Hmong growers negotiate the transition to licensed cultivation.

A new product is being plugged as containing CBD derived from humulus—that is, hops, the buds used as a bittering agent in beer. Some of the media hype has implied that this novel origin gets around the US federal stricture on the cannabinoid. But experts raise a skeptical eyebrow at the claim of hops-derived CBD. And in any event, the federal stricture is on the cannabinoid itself, regardless of how it is derived. 

California health authorities dealt a blow to the burgeoning CBD business by banning preparations of the cannabinoid derived from industrial hemp rather than psychoactive cannabis. The diktat adds to the legal confusion around CBD, and highlights the need for greater clarity from the competent authorities at both the state and federal level.

A federal appeals court has turned down a challenge by the cannabis industry to the DEA's official finding that CBD is a controlled substance. But questions about whether CBD should be treated as a controlled substance remain pending at the state level.

A judge for the US District Court for the Southern District of New York on Feb. 26 dismissed a lawsuit challenging the Schedule I classification for cannabis under the Controlled Substances Act. Judge Alvin Hellerstein granted the government's motion to dismiss because the plaintiffs failed to exhaust all administrative remedies prior to initiating the suit. The "exhaustion rule" requires "that parties exhaust prescribed administrative remedies before seeking relief from federal courts."