What is the DEA up to now? What are they doing to our CBD?

When the news hit the fans today concerning the DEA’s “new rule” on the sale of CBD remedies and other products everybody jumped up and said “WHAT?”, or at least I did!

I had been so wrapped up in the Kratom issue lately I hadn’t even been thinking about CBD’s.  Low and behold, I thought, while I was looking over ‘here’, ‘they’ were conjuring up a

new “rule” over ‘there’.  Something else to be able to use to fill up the Courts, Jails, even Prisons with.  It just never ends.  Every time that we as a people come upon anything that may be

legal at the time, that actually may be worth using, and could possibly benefit us in one way or another, ‘They’ come along and snatch it right out from under us.

That is what Agenda 21 (Agenda 2030) is  all about!  Control of the masses through regulation of food and medicines, (among other things).

THIS is unacceptable!  This must stop!  We cannot allow the Government, whether it be State, Federal or U.N., to be able to have this kind of control over our food and other natural plants!

Before the pharmaceutical conglomerates ever existed it was the herb gardens which provided the medicine to the households.  This is referenced throughout history. 

After reading updates and trading information with others who are watching these issues closely as well, it seems like the DEA is just trying to stand up and make some noise so as to get everyone a little worried.

I am copy/pasting a letter here that was forwarded to me from a colleague which states that legally they cannot prosecute for CBD oil as long as it is below .3% THC. 

This having been said, the DEA memo states the following:

The memo states: it serves to clarify and reinforce the DEA’s position on all cannabis extracts, including CBD oil. That position is: They are all federally illegal Schedule I substances. “Extracts of marihuana will continue to be treated as Schedule I controlled substances,” the notice says. CBD oil derived from hemp is now commonly available nationwide via web sites and mail order services. Those operations survive on the assumption that cannabidiol products below the legal threshold for THC percentage in hemp (0.3 percent or less) are technically legal. Not so, says the DEA.

“For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code” and therefore remain federally illegal. In other words: The DEA is confident that it can find enough traces of other cannabinoids in your CBD oil to arrest and prosecute. And if they can’t, they still have the option of arresting and prosecuting based on the CBD oil itself.

Now the question becomes this, will the DEA use this “rule” to stage raids and arrests for marketing CBD products?  Knowing that according to the information I have here from the Folium Legal Counsel anything under the .3% threshold cannot be prosecuted, they can still use it to fill up the Courts and jails and maybe even some Prisons while collecting Fines and Court Costs as well, because not everyone will be able to afford to go to Court and fight the charges, much like Marijuana is now.

So how do we go forward with this information and what do we do to change it?  Start by calling the White House and complaining!  Obviously the current Government as it stands now has lost all touch with its people.  It is not because they are stupid, ignorant, or ill-informed.  It is because they know exactly what they are doing, and they DO have a plan. 

It is time that the people make their own plan.  To take back our Country.

Remember the United States of America, the Land of the Free and Home of the Brave?

I want it back now.

SK

 

 

A MESSAGE FROM FOLIUM LEGAL COUNSEL REGARDING THE DEA’s MEMO:

 
On December 14, 2016, the United States Drug Enforcement Administration published a final rule regarding the “Establishment of a New Drug Code for Marijuana Extract.” ( https://www.federalregister.gov/documents/2016/12/14/2016-29941/establishment-of-a-new-drug-code-for-marihuana-extract)
This new rule does not create any new substantive regulation or law regarding the legal status of marijuana or marijuana extract. Instead, it creates a new tracking code number for “Marihuana Extracts” (which include cannabinoids).

Previously, Marijuana Extracts were classified under the code number for “Marihuana. Under the new rule, extracts are now classified separately. The DEA uses these codes to track quantities of controlled substances imported to and exported from the United States. This new rule affects only DEA-registered entities who previously were required to track such materials. As the document states, “[t]he only direct effect to registrants who handle marihuana extracts will be the requirement to add the new drug code to their registrations.” The rule goes into effect on January 13, 2017.

Regarding the legal status of CBD derived from industrial hemp: The 2014 US Farm Bill was an act of congress signed by the president and that is the highest law of the land. The DEA cannot make law and try to redefine a law passed by the US Congress which defined industrial hemp in section 7606 as “Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis.”
Furthermore, the DEA is not allowed to interfere with a legal state licensed cannabis business – there is very recent case law that set precedent for this in the 9th circuit. See here:
http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN
Lastly, the DEA was purposely de-funded by the US Congress last year (and is poised to do the same for this year:
(http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again) from pursuing any enforcement of their archaic interpretation of the Controlled Substances Act (CSA) in legal states.

We hope this information helps you and your customers filter through the mis-information and fear mongering that usually runs rampant anytime a government memo affecting cannabis is circulated. If you have any further questions feel free to contact us directly, but it’s business as usual over here!

 

 

 

The DEA May Have Just Flipped The Script on the Cannabis Industry And Not In A Good Way

 If you are licensed to work with marijuana extracts, you have 30 days from today to update your paperwork. Also, Cannabidiol (CBD) extracts are now Schedule I substances and can’t cross state lines.

Did the DEA Just Outlaw Hemp-Derived CBD?

A new rule published by the DEA today led many in the cannabis industry to assume the worst – that the agency had decided to crack down on hemp-derived CBD. Take a deep breath. This is likely not the case.

New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal

The US Drug Enforcement Administration (DEA) made CBD oil a little more federally illegal in a little-noticed bureaucratic maneuver this morning.

In Depressed Rural Kentucky, Worries Mount Over Medicaid Cutbacks

 

November 19, 20166:00 AM ET

Phil Galewitz

 

For Freida Lockaby, an unemployed 56-year-old woman who lives with her dog in an aging mobile home in Manchester, Ky., one of America’s poorest places, the Affordable Care Act was life altering.

The law allowed Kentucky to expand Medicaid in 2014 and made Lockaby – along with 440,000 other low-income state residents – newly eligible for free health care under the state-federal insurance program. Enrollment gave Lockaby her first insurance in 11 years.

“It’s been a godsend to me,” said the former Ohio school custodian who moved to Kentucky a decade ago.

Lockaby finally got treated for a thyroid disorder that had left her so exhausted she’d almost taken root in her living room chair. Cataract surgery let her see clearly again. A carpal tunnel operation on her left hand eased her pain and helped her sleep better. Daily medications brought her high blood pressure and elevated cholesterol level under control.

But Lockaby is worried her good fortune could soon end. Her future access to health care now hinges on a controversial proposal to revamp the program that her state’s Republican governor has submitted to the Obama administration.

Next year will likely bring more uncertainty when a Trump administration and a GOP-controlled Congress promise to consider Obamacare’s repeal, including a potential reduction in the associated Medicaid expansion in 31 states and the District of Columbia that has led to health coverage for an estimated 10 million people.

What Happens If Kentucky Dismantles Its Health Insurance Exchange?

Kentucky Gov. Matt Bevin, who was elected in 2015, has argued his state can’t afford Medicaid in its current form. Obamacare permitted states to use federal funds to broaden Medicaid eligibility to all adults with incomes at or below 138 percent of the federal poverty level, now $11,880 for individuals. Kentucky’s enrollment has doubled since late 2013 and today almost a third of its residents are in the program. The Medicaid expansion under Obamacare in Kentucky has led to one of the sharpest drops in any state’s uninsured rate, to 7.5 percent in 2015 from 20 percent two years earlier.

Kentucky’s achievement owed much to the success of its state-run exchange, Kynect, in promoting new coverage options under the health law. Kynect was launched under Bevin’s Democratic predecessor, Steve Beshear, and dismantled by Bevin this year.

Bevin has threatened to roll back the expansion if the Obama administration doesn’t allow him to make major changes, such as requiring Kentucky’s beneficiaries to pay monthly premiums of $1 to $37.50 and require nondisabled recipients to work or do community service for free dental and vision care.

Budget pressures are set to rise next year in the 31 states and the District of Columbia where Medicaid was expanded as the federal government reduces its share of those costs. States will pick up 5 percent next year and that will rise gradually to 10 percent by 2020. Under the health law, the federal government paid the full cost of the Medicaid expansion population for 2014-2016.

In a state as cash-strapped as Kentucky, the increased expenses ahead for Medicaid will be significant in Bevin’s view — $1.2 billion from 2017 to 2021, according to the waiver request he’s made to the Obama administration to change how Medicaid works in his state.

Trump’s unexpected victory may help Bevin’s chances of winning approval. Before the election, many analysts expected federal officials to reject the governor’s plan by the end of the year on the grounds that it would roll back gains in expected coverage.

A Trump administration could decide the matter differently, said Emily Beauregard, executive director of Kentucky Voice for Health, an advocacy group that opposes most waiver changes because they could reduce access to care.

“I think it’s much more likely that a waiver could be approved under the Trump administration,” she said. “On the other hand, I wonder if the waiver will be a moot point under a Trump administration, assuming that major pieces of the [Affordable Care Act] are repealed.”

Lockaby is watching with alarm: “I am worried to death about it.”

Life already is hard in her part of Kentucky’s coal country, where once-dependable mining jobs are mostly gone.

In Clay County where Lockaby lives, 38 percent of the population live in poverty. A fifth of the residents are disabled. Life expectancy is eight years below the nation’s average.

Clay’s location places it inside an area familiar to public health specialists as the South’s diabetes and stroke belt. It’s also in the so-called “Coronary Valley” encompassing the 10-state Ohio/Mississippi valley region.

About 60 percent of Clay County’s 21,000 residents are covered by Medicaid, up from about a third before the expansion. The counties uninsured rate for nonelderly adults has fallen from 29 percent to 10 percent.

Still, the increase in insurance coverage hasn’t made Clay’s people healthier yet. Local health officials here say achieving that will take a decade or more. Instead, they cite progress in smaller steps: more cancer screenings, more visits to mental health professionals and more prescriptions getting filled. Harder lifestyle changes that are still ahead — such as eating better, quitting smoking and regular exercise — will take more than a couple years to happen, said Aaron Yelowitz, associate professor of economics at the University of Kentucky.

One hopeful spot is the Grace Community Health Center in downtown Manchester, where patient visits are up more than 20 percent since 2014. Those without insurance pay on a sliding scale, which can mean a visit costs $50 or more.

That was too much for Ramiro Salazar, 47, who lives with his wife and two children on a $733 monthly income. With Medicaid, he sees a doctor for his foot and ankle pain, meets regularly with a psychologist for anxiety and gets medications — all free to him. Medicaid even covers his transportation costs to doctors, vital because a specialist can be 40 miles away.

Salazar is worried about Bevin’s plans, especially the additional costs. “I probably couldn’t afford it as I’m unemployed,” he said. “It would hurt me pretty bad.”

Any development that could take away health coverage from people with mental health issues worries Joan Nantz, a psychologist who works part time at Grace and whose appointment calendar is booked three weeks out because of patient demand. More than 90 percent of her clients are on Medicaid.

“If something happens to this program, I can’t begin to think what impact it would have on society,” she said. Without counseling, people with mental health issues will resort to illegal drugs and be more likely to commit crimes and domestic violence, Nantz said.

Just five primary care doctors in Manchester treat adults in Clay and surrounding counties. Manchester Memorial Hospital has tried to recruit more without success.

“We had a painful primary care shortage here five years ago and now it’s worse,” said Dr. Jeffrey Newswanger, an emergency room physician and chief medical officer at the hospital. “Just because they have a Medicaid card doesn’t mean they have doctors.”

The emergency room is busier than ever seeing patients for primary care needs, he said.

Newswanger sees both sides to the debate over Medicaid. The hospital gained because more patients are now covered by insurance, and the ER’s uninsured rate dropped to 2 percent from 10 percent in 2013.

“Eliminating the expansion altogether would be painful for the hospital and a disaster for the community,” he said.

But, Newswanger also appreciates some of Bevin’s proposals.

“No one values something that they get for free,” he said, and incentives are needed to make people seek care in doctors’ offices instead of expensive ERs.

Christie Green, public health director of the Cumberland Valley District Health Department that covers Clay County, said making the poor pay more or scrapping Medicaid’s expansion would be a setback to improving people’s health.

Last year, Green helped Manchester build a three-mile trail along a park and install a swinging bridge across a small creek. Both additions were intended to promote physical fitness in a place where more than a third smoke — both far above national averages.

Progress is slow. The path is used regularly. But drug addicts congregate daily by the bridge and it rarely gets traffic.

“There is a lot to overcome here,” Green said.

This story was produced through collaboration between NPR and Kaiser Health News, an editorially independent program of the Henry J. Kaiser Family Foundation, a nonpartisan health care policy research organization. You can follow Phil Galewitz on Twitter: @philgalewitz.

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Declaration on Seed Freedom

  1. Seed is the source of life, it is the self urge of life to express itself, to renew itself, to multiply, to evolve in perpetuity in freedom.
  2. Seed is the embodiment of bio cultural diversity. It contains millions of years of biological and cultural evolution of the past, and the potential of millennia of a future unfolding.
  3. Seed Freedom is the birth right of every form of life and is the basis for the protection of biodiversity.
  4. Seed Freedom is the birth right of every farmer and food producer. Farmers rights to save, exchange, evolve, breed, sell seed is at the heart of Seed Freedom. When this freedom is taken away farmers get trapped in debt and in extreme cases commit suicide.
  5. Seed Freedom is the basis of Food Freedom, since seed is the first link in the food chain.
  6. Seed Freedom is threatened by patents on seed, which create seed monopolies and make it illegal for farmers to save and exchange seed. Patents on seed are ethically and ecologically unjustified because patents are exclusive rights granted for an invention. Seed is not an invention. Life is not an invention.
  7. Seed Freedom of diverse cultures is threatened by Biopiracy and the patenting of indigenous knowledge and biodiversity. Biopiracy is not innovation – it is theft.
  8. Seed Freedom is threatened by genetically engineered seeds, which are contaminating our farms, thus closing the option for GMO-free food for all. Seed Freedom of farmers is threatened when after contaminating our crops, corporations sue farmer for “stealing their property”.
  9. Seed Freedom is threatened by the deliberate transformation of the seed from a renewable self generative resource to a non renewable patented commodity. The most extreme case of non renewable seed is the “Terminator Technology” developed with aim to create sterile seed.
  10. We commit ourselves to defending seed freedom as the freedom of diverse species to evolve; as the freedom of human communities to reclaim open source seed as a commons.

To this end, we will save seed, we will create community seed banks and seed libraries, we will not recognize any law that illegitimately makes seed the private property of corporations. We will stop the patents on seed.


Click here to sign the declaration

Click here to download a PDF

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Nearly 11,500 Kentuckians with Alzheimer’s live Alone

KENTUCKY (3/8/12) – Advance planning for future legal, financial and long-term care needs is critical for the estimated one in seven Americans − or 11,430 Kentuckians − diagnosed with Alzheimer’s Disease and who still live alone, up to half of them without an identifiable caregiver, according to the Alzheimer’s Association® 2012 Facts and Figures Report, released today.
“Alzheimer’s and other dementias take our loved ones through unfamiliar territory, and advance planning in the early stages of the disease allow them to build a care team, make financial plans and prepare for future safety concerns, while they are still cognitively able to do so,” said Teri Shirk, president and CEO of the Greater Kentucky and Southern Indiana Chapter of the Alzheimer’s Association, which offers a variety of resources for individuals with Alzheimer’s as well as their family members and other caregivers.
States need to plan ahead as well: Today’s report projects a 500 percent increase in combined state Medicare and Medicaid spending by 2050 due to the expanding population of Alzheimer’s patients. According to the report, which found that someone in America develops Alzheimer’s every 68 seconds, as many as 6.7 million Americans will be living with the disease by 2025, including 97,000 Kentucky residents (a 31 percent increase over 2000, when 74,000 Kentuckians had Alzheimer’s). Nearly 30 percent of those with Alzheimer’s are on Medicare and Medicaid, compared to just 11 percent of those without dementia.
“Caring for people with Alzheimer’s will cost the United States an estimated $200 billion in 2012, an amount that already threatens to overwhelm federal and state budgets,” Shirk said. “Absent intervention, those costs will grow to $1.1 trillion by mid-century. Then there are the out-of-pocket costs to family caregivers, which are projected to balloon 400 percent by 2050. We simply must have a National Alzheimer’s Plan in place that establishes the resources we need to prevent and effectively treat Alzheimer’s, and to ensure much-needed support for those with Alzheimer’s and their families.” A draft National Alzheimer’s Plan was announced February 22, and comments currently are being sought.
Other Kentucky-related statistics included in today’s report:
• The new report reveals there are 15.2 million friends and family members providing care for individuals with Alzheimer’s and other dementias, including 264,658 caregivers in Kentucky. In 2011, these caregivers provided $210 billion worth of unpaid care nationally; and $3.65 billion in Kentucky (in fact, Kentucky was one of 39 states in which unpaid caregivers provided care valued at more than $1 billion).
• The physical and emotional impact on Alzheimer’s and dementia caregivers is estimated to result in nearly $9 billion in increased health care costs in the United States, including $144.6 million for caregivers in Kentucky.
• About 51,000 residents of Kentucky nursing homes in 2009 had cognitive impairments.
Other national statistics in the Alzheimer’s Association® 2012 Facts and Figures report:
• According to the Alzheimer’s Association report, there are 5.4 million Americans living with Alzheimer’s disease, including 5.2 million people age 65 or older and 200,000 people under the age of 65. And 45 percent of adults 85 and older have Alzheimer’s.
• Medicare payments for an older person with Alzheimer’s or other dementias are nearly three times higher, while Medicaid payments are 19 times higher than for seniors without Alzheimer’s and other dementias.
• While only 4 percent of the general population will be admitted to a nursing home by age 80, for people with Alzheimer’s, 75 percent will be admitted to a nursing home by age 80, posing significant economic challenges to state Medicaid budgets.
• Most people survive an average of four to eight years after an Alzheimer’s or dementia diagnosis, but some can live as long as 20 years with the disease.
• Of family caregivers of people with Alzheimer’s and other dementias, 61 percent rated their emotional stress of caregiving as high or very high.
Alzheimer’s Association’s Facts and Figures
The Alzheimer’s Association’s Facts and Figures report is a comprehensive compilation of national statistics and information on Alzheimer’s disease and related dementias. The report conveys the impact of Alzheimer’s on individuals, families, government, and the nation’s healthcare system. Since its 2007 inaugural release, the report has become the most cited source covering the broad spectrum of Alzheimer’s issues. The Alzheimer’s Disease Facts and Figures report is an official publication of the Alzheimer’s Association®.
SurfKY News
Information provided by Danielle Waller

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