What marijuana reclassification means for the United States

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By Jennifer Peltz and Lindsay Whitehurst, Associated Press

WASHINGTON (AP) — The U.S. Drug Enforcement Administration is moving toward reclassifying marijuana as a less dangerous drug. The Justice Department proposal would recognize the medical uses of cannabis, but wouldn’t legalize it for recreational use.

The proposal would move marijuana from the “Schedule I” group to the less tightly regulated “Schedule III.”

So what does that mean, and what are the implications?

WHAT HAS ACTUALLY CHANGED? WHAT HAPPENS NEXT?

Technically, nothing yet. The proposal must be reviewed by the White House Office of Management and Budget, and then undergo a public-comment period and review from an administrative judge, a potentially lengthy process.

Still, the switch is considered “paradigm-shifting, and it’s very exciting,” Vince Sliwoski, a Portland, Oregon-based cannabis and psychedelics attorney who runs well-known legal blogs on those topics, told The Associated Press when the federal Health and Human Services Department recommended the change.

“I can’t emphasize enough how big of news it is,” he said.

Budtender Rey Cruz weighs cannabis for a customer at the Marijuana Paradise on Friday, April 19, 2024, in Portland, Ore. (AP Photo/Jenny Kane)

It came after President Joe Biden asked both HHS and the attorney general, who oversees the DEA, last year to review how marijuana was classified. Schedule I put it on par, legally, with heroin, LSD, quaaludes and ecstasy, among others.

Biden, a Democrat, supports legalizing medical marijuana for use “where appropriate, consistent with medical and scientific evidence,” White House press secretary Karine Jean-Pierre said Thursday. “That is why it is important for this independent review to go through.”

IF MARIJUANA GETS RECLASSIFIED, WOULD IT LEGALIZE RECREATIONAL CANNABIS NATIONWIDE?

No. Schedule III drugs — which include ketamine, anabolic steroids and some acetaminophen-codeine combinations — are still controlled substances.

They’re subject to various rules that allow for some medical uses, and for federal criminal prosecution of anyone who traffics in the drugs without permission.

No changes are expected to the medical marijuana programs now licensed in 38 states or the legal recreational cannabis markets in 23 states, but it’s unlikely they would meet the federal production, record-keeping, prescribing and other requirements for Schedule III drugs.

There haven’t been many federal prosecutions for simply possessing marijuana in recent years, even under marijuana’s current Schedule I status, but the reclassification wouldn’t have an immediate impact on people already in the criminal justice system.

“Put simple, this move from Schedule I to Schedule III is not getting people out of jail,” said David Culver, senior vice president of public affairs at the U.S. Cannabis Council.

But rescheduling in itself would have some impact, particularly on research and marijuana business taxes.

WHAT WOULD THIS MEAN FOR RESEARCH?

Because marijuana is on Schedule I, it’s been very difficult to conduct authorized clinical studies that involve administering the drug. That has created something of a Catch-22: calls for more research, but barriers to doing it. (Scientists sometimes rely instead on people’s own reports of their marijuana use.)

Schedule III drugs are easier to study, though the reclassification wouldn’t immediately reverse all barriers to study, Culver said.

WHAT ABOUT TAXES (AND BANKING)?

Under the federal tax code, businesses involved in “trafficking” in marijuana or any other Schedule I or II drug can’t deduct rent, payroll or various other expenses that other businesses can write off. (Yes, at least some cannabis businesses, particularly state-licensed ones, do pay taxes to the federal government, despite its prohibition on marijuana.) Industry groups say the tax rate often ends up at 70% or more.

The deduction rule doesn’t apply to Schedule III drugs, so the proposed change would cut cannabis companies’ taxes substantially.

They say it would treat them like other industries and help them compete against illegal competitors that are frustrating licensees and officials in places such as New York.

Cloud 9 Cannabis employee Beau McQueen, right, helps a customer, Saturday, April 13, 2024, in Arlington, Wash. The shop is one of the first dispensaries to open under the Washington Liquor and Cannabis Board’s social equity program, established in efforts to remedy some of the disproportionate effects marijuana prohibition had on communities of color. (AP Photo/Lindsey Wasson)

“You’re going to make these state-legal programs stronger,” says Adam Goers, an executive at medical and recreational cannabis giant Columbia Care. He co-chairs a coalition of corporate and other players that’s pushing for rescheduling.

It could also mean more cannabis promotion and advertising if those costs could be deducted, according to Beau Kilmer, co-director of the RAND Drug Policy Center.

Rescheduling wouldn’t directly affect another marijuana business problem: difficulty accessing banks, particularly for loans, because the federally regulated institutions are wary of the drug’s legal status. The industry has been looking instead to a measure called the SAFE Banking Act. It has repeatedly passed the House but stalled in the Senate.

ARE THERE CRITICS? WHAT DO THEY SAY?

Indeed, there are, including the national anti-legalization group Smart Approaches to Marijuana. President Kevin Sabet, a former Obama administration drug policy official, said the HHS recommendation “flies in the face of science, reeks of politics” and gives a regrettable nod to an industry “desperately looking for legitimacy.”

Some legalization advocates say rescheduling weed is too incremental. They want to keep the focus on removing it completely from the controlled substances list, which doesn’t include such items as alcohol or tobacco (they’re regulated, but that’s not the same).

Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws, said that simply reclassifying marijuana would be “perpetuating the existing divide between state and federal marijuana policies.” Minority Cannabis Business Association President Kaliko Castille said rescheduling just “re-brands prohibition,” rather than giving an all-clear to state licensees and putting a definitive close to decades of arrests that disproportionately pulled in people of color.

“Schedule III is going to leave it in this kind of amorphous, mucky middle where people are not going to understand the danger of it still being federally illegal,” he said.

Peltz reported from New York. Associated Press writer Colleen Long in Washington contributed to this report.

Takeaways from the start of week 2 of testimony in Trump’s hush money trial

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By MICHAEL R. SISAK, JAKE OFFENHARTZ, COLLEEN LONG and ALANNA DURKIN RICHER (Associated Press)

NEW YORK (AP) — The first week of testimony in Donald Trump’s hush money trial was the scene-setter for jurors. This week, prosecutors are working on filling in the details of how they say he pulled off a scheme to bury damaging stories to protect his 2016 presidential campaign.

Prosecutors are setting the stage for crucial testimony from Trump’s former attorney Michael Cohen, who arranged hush money payments on Trump’s behalf before going to prison for campaign finance violations and other crimes.

Trump denies any wrongdoing and has pleaded not guilty.

Here’s a look at how things are shaping up so far this week at the historic trial:

JAIL THREAT

Six months before the 2024 presidential election, the presumptive Republican nominee is being threatened with possible jail time — even before jurors decide whether he is guilty in the hush money case.

Judge Juan Merchan raised the specter of time behind bars if Trump continues to violate a gag order barring him from making public statements about witnesses, jurors and others connected with the case.

In a ruling Tuesday fining Trump $9,000 for repeated violations of the gag order, Merchan wrote that as a judge he was “keenly aware of, and protective of” Trump’s First Amendment rights, “particularly given his candidacy for the office of President of the United States.”

Former President Donald Trump and his attorney Todd Blanche return to the courtroom after a break for his trial at Manhattan criminal court in New York, Tuesday, April 30, 2024. (Justin Lane/Pool Photo via AP)

But Merchan said that the court would not tolerate “willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment.”

Trump was ordered to pay the fine by the close of business Friday. Ahead of a separate Tuesday deadline set by the judge, Trump deleted his posts that the judge ruled violated the order. The judge will hear arguments on Thursday on other alleged gag order violations by Trump.

NUTS & BOLTS

Prosecutors are using detailed testimony on email exchanges, business transactions and bank accounts to form the foundation of their argument that Trump is guilty of 34 felony counts of falsifying business records in connection with the hush money payments.

Jurors heard from Gary Farro, a banker who helped Cohen open the account Cohen used to buy the silence of porn actor Stormy Daniels in the weeks before the 2016 election. Daniels was threatening to go public with claims of a sexual encounter with Trump.

Farro also testified about helping Cohen create another account, which Cohen planned to use to buy the rights of former Playboy model Karen McDougal’s story about an alleged affair with Trump. Trump denies both Daniels’ and McDougal’s claims.

Attorney Todd Blanche walks outside the courtroom during the trial of his client, Republican presidential candidate and former President Donald Trump, at Manhattan criminal court Tuesday, April 30, 2024, in New York. (Eduardo Munoz/Pool Photo via AP)

Cross-examining Farro, Blanche, the defense lawyer, underscored that Cohen made no mention that the accounts he opened in October 2016 had anything to do with deals involving then-candidate Trump or his company.

If Cohen had done so, “I would have asked questions,” Farro said.

Cohen told Farro the accounts were related to real estate. Farro testified that he might not have opened an account if he had known their intended purpose.

TRUMP VIDEOS

During the trial, Trump is being increasingly confronted with images and testimony on the very stories he tried to bury.

The judge has ruled that jurors won’t get to see the infamous “Access Hollywood” tape in which Trump was caught on a hot mic describing grabbing women sexually without their permission. The tape from 2005 didn’t become public until Oct. 7, 2016, just weeks before election day.

That video is important because prosecutors are trying to make the case that Trump paid hush money to Daniels because he feared her claims about a sex encounter could further hurt him with female voters after the video leaked.

Prosecutors worked around that limitation on Tuesday by showing jurors C-SPAN clips of Trump on the campaign trail in 2016 forcefully denying allegations made by several women after the video became public. The prosecutors also asked witnesses to generally describe the “Access Hollywood” video.

“The stories are total fiction. They’re 100% made up, they never happened, they never would happen,” Trump said at a Oct. 14, 2016, rally in North Carolina.

THE DEAL MAKER

Keith Davidson, a lawyer who represented McDougal and Daniels in their negotiations with Cohen and the National Enquirer, took the witness stand Tuesday. The tabloid bought McDougal’s story to prevent her from going public with the claims about Trump.

Davidson’s testimony provided jurors with an inside look at the negotiations behind the two deals to keep the women quiet.

Davidson testified that the National Enquirer initially wasn’t keen on the idea of buying McDougal’s story because she “lacked documentary evidence of the interaction.”

But the talks between the tabloid and McDougal’s camp restarted weeks later. Eventually Davidson said they agreed that McDougal would receive $150,000 payment as well as the promise of magazine covers and regular columns for publications owned by the National Enquirer’s parent company American Media Inc.

Former President Donald Trump leaves the courtroom following the day’s proceedings in his trial at Manhattan criminal court in New York, Tuesday, April 30, 2024. (Justin Lane/Pool Photo via AP)

Soon after the “Access Hollywood” tape leaked, Daniels’ agent reached out to the National Enquirer about buying the rights to Daniels’ story for $120,000. The tabloid, however, didn’t want to go through with the deal and told Daniels’ agent to call Cohen to deal with him directly, Davidson said.

Davidson said he stepped in to negotiate the deal, and raised the price to $130,000 to build in a fee for his work.

“In essence, Michael Cohen stepped into AMI’s shoes,” Davidson said, referring to the name of the Enquirer’s parent company at the time.

THE COURT CALENDAR

The trial is expected to last another month or more, with jurors hearing testimony four days a week. Trump — who has cast the prosecution as an effort to hurt his 2024 campaign — is required to be there, much to his stated dismay.

“They don’t want me on the campaign trail,” he said Tuesday.

The judge said Tuesday that there will be no court on May 17 so Trump can attend his son Barron’s high school graduation.

Court also won’t be in session on Friday, May 24 to accommodate a juror who has a flight that morning, the judge said. That means the trial will be off for four straight days for the Memorial Day weekend, resuming on Tuesday, May 28.

Long and Richer reported from Washington. Associated Press reporters Jennifer Peltz and Ruth Brown contributed from New York.

Twins’ offense pulls away late for ninth straight win

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CHICAGO — It seems as if there’s been a new hero every night of the Twins’ lengthy winning streak — a sign that they’re getting contributions from up and down the roster. But on Tuesday, they went back to a formula that worked the night before: Byron Buxton gets on, Max Kepler brings him home.

For the second night in a row, Kepler drove in Buxton in the ninth inning — this time with a sacrifice fly — to lift Minnesota to victory. The 6-5 win over the Chicago White Sox at Guaranteed Rate Field was the Twins’ ninth straight, the first time the club has accomplished that feat since 2008.

“I feel like if we’re in a situation where we need just solid contact of some kind, put the bat on the ball, do something, just something happen — he’s just making things happen out there,” manager Rocco Baldelli said of Kepler.

Kepler returned from the injured list on April 22, the day the winning streak began. He was just 1 for 20 on the season at the time of his return. But he drove in three runs that night and hasn’t stopped hitting since.

The Twins’ (16-13) right fielder also stole a base in the sixth, drawing a throw to second base that allowed catcher Ryan Jeffers to steal home uncontested, a run which made the score 4-3 at the time.

Kepler, along with Carlos Correa and Jhoan Duran, both of whom came off the injured list this week in Chicago, all played big roles in Minnesota’s win on Tuesday.

In just his second game back from an intercostal strain, Correa made his impact felt, both with his bat and his glove.

The Twins’ star shortstop tied the game in the eighth with a two-out single on the first pitch of his at-bat off White Sox (6-24) reliever Jordan Leasure. Correa then scored what was the go-ahead run at the time.

“When you have that type of injury, it’s really hard to let go, to fully let go on your swing,” Correa said. “In that at-bat, I just said just ‘Swing hard, (expletive) it.’ You know what I mean? I just let my body flow, I loaded early and I just tried to swing as hard as I could and good things happen.”

He also saved a run earlier in the game, cutting down his good friend and old teammate Martín Maldonado trying to score from first in the third. Correa received a throw from center fielder Willi Castro and showed off his arm on his throw to Jeffers, who made an acrobatic tag to complete the play.

“I was surprised Maldy was trying to go from first to home. He never did it when I was playing with him. I don’t know why he’s doing it now that he’s (37),” Correa said of his friend with a smile.

A run scored that inning, though starter Simeon Woods Richardson was able to minimize the damage against him despite giving up four hits.

Woods Richardson would give up one more run, which was unearned, before his departure after he ran into trouble again in the fourth.

“You’re going to have really good outings, you’re going to have crappy outings and you’re going to have outings that you work through,” Woods Richardson said. “It’s kind of what I had to do today. Luckily, the offense is amazing right now.”

That offense rallied back both after Kody Funderburk allowed a two-run home run in the fifth and again after Cole Sands allowed a game-tying home-run in the eighth. Minnesota reliever Griffin Jax was unavailable after his recent usage and the Twins were trying to stay away from Brock Stewart, as well.

And while Baldelli’s plan wasn’t to use Duran in a save situation his first game back, Minnesota’s now-healthy closer delivered, as usual, sealing the team’s ninth-straight win.

His reward?

As the team’s infielders huddled together to pose for a fake photo as part of a new post-game celebration, Duran had to act as the photographer.

“Because he only got three outs, so he doesn’t deserve to be in the picture with the guys that played nine innings,” Correa joked.

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Protesters in custody after Columbia University calls in police to end pro-Palestinian occupation

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NEW YORK — Officers took protesters into custody late Tuesday after Columbia University called in police to end the pro-Palestinian occupation on the New York campus.

The scene unfolded shortly after 9 p.m. as police, wearing helmets and carrying zip ties and riot shields, massed at the Ivy League university’s entrance. Officers breached Hamilton Hall, an administration building on campus, to clear out the structure.

The demonstrators had occupied Hamilton Hall more than 12 hours earlier, spreading their reach from an encampment elsewhere on the grounds that’s been there for nearly two weeks.

A statement released by a Columbia spokesperson late Tuesday said officers arrived on campus after the university requested help. The move came hours after NYPD brass said officers wouldn’t enter Columbia’s campus without the college administration’s request or an imminent emergency.

“After the University learned overnight that Hamilton Hall had been occupied, vandalized, and blockaded, we were left with no choice,” the school’s statement said, adding that school public safety personnel were forced out of the building and one facilities worker was “threatened.”

“The decision to reach out to the NYPD was in response to the actions of the protesters, not the cause they are championing. We have made it clear that the life of campus cannot be endlessly interrupted by protesters who violate the rules and the law.”

Columbia’s protests earlier this month kicked off demonstrations that now span from California to Massachusetts. As May commencement ceremonies near, administrators face added pressure to clear protesters.

More than 1,000 protesters have been arrested over the last two weeks on campuses in states including Texas, Utah, Virginia, North Carolina, New Mexico, Connecticut, Louisiana, California and New Jersey, some after confrontations with police in riot gear.

In a letter to senior NYPD officials, Columbia President Minouche Shafik said it was making the request that police remove protesters from the occupied building and a nearby tent encampment “with the utmost regret.” She also asked that officers remain on campus through May 17, which is after the end of the university’s commencement celebrations.

“Walk away from this situation now and continue your advocacy through other means,” New York City Mayor Eric Adams advised the Columbia protesters on Tuesday afternoon before the police arrived. “This must end now.”

The White House earlier Tuesday condemned the standoffs at Columbia and California State Polytechnic University, Humboldt, where protesters had occupied two buildings until officers with batons intervened overnight and arrested 25 people. Officials estimated the northern California campus’ total damage to be upwards of $1 million.

President Joe Biden believes students occupying an academic building is “absolutely the wrong approach,” and “not an example of peaceful protest,” said National Security Council spokesperson John Kirby.

Other colleges have sought to negotiate agreements with the demonstrators in the hopes of having peaceful commencement ceremonies. As cease-fire negotiations appeared to gain steam, it wasn’t clear whether those talks would inspire an easing of protests.

Northwestern University notched a rare win when officials said they reached a compromise with students and faculty who represent the majority of protesters on its campus near Chicago to allow peaceful demonstrations through the end of spring classes.

The nationwide campus protests began at Columbia in response to Israel’s offensive in Gaza after Hamas launched a deadly attack on southern Israel on Oct. 7. Militants killed about 1,200 people, most of them civilians, and took roughly 250 hostages. Vowing to stamp out Hamas, Israel has killed more than 34,000 Palestinians in the Gaza Strip, according to the local health ministry.

Israel and its supporters have branded the university protests as antisemitic, while Israel’s critics say it uses those allegations to silence opposition. Although some protesters have been caught on camera making antisemitic remarks or violent threats, organizers of the protests, some of whom are Jewish, say it is a peaceful movement aimed at defending Palestinian rights and protesting the war.

On Columbia’s campus, protesters locked arms early Tuesday and carried furniture and metal barricades to Hamilton Hall, among several buildings that were occupied during a 1968 civil rights and anti-Vietnam War protest. Demonstrators called the building Hind’s Hall, honoring a young girl who was killed in Gaza under Israeli fire.

The takeover came hours after protesters had shrugged off an earlier ultimatum to abandon a tent encampment Monday or be suspended — restricted from all academic and recreational spaces, allowed only to enter their residences, and, for seniors, ineligible to graduate.

Mahmoud Khalil, a lead negotiator before talks with the administration broke down over the weekend, was among the suspended students. His suspension letter — which he shared with The Associated Press — said he had refused to leave the encampment after prior warnings, but Khalil said he had abided by the university’s demand to vacate the encampment on the campus lawn by the Monday afternoon deadline.

Columbia spokesperson Ben Chang said in a statement that anyone occupying Hamilton Hall risked being expelled from the university for escalating the protest “to an untenable situation — vandalizing property, breaking doors and windows, and blockading entrances.”

Occupying protesters have insisted they will remain in Hamilton Hall until the university agrees to three demands — divestment, financial transparency and amnesty.

Students had defiantly set up tents again after police cleared an encampment at the university on April 18 and arrested more than 100 people. The students had been protesting on the Manhattan campus since the previous day, opposing Israeli military action in Gaza and demanding the school divest from companies they claim are profiting from the conflict.

The Columbia University Chapter of the American Association of University Professors said faculty’s efforts to help defuse the situation have been repeatedly ignored by the university’s administration despite school statutes that require consultation. The group warned of potential conflict between police officers nearby and protesters on campus.

“We hold University leadership responsible for the disastrous lapses of judgment that have gotten us to this point,” the chapter said in a statement late Tuesday. “The University President, her senior staff, and the Board of Trustees will bear responsibility for any injuries that may occur during any police action on our campus.”

Ilana Lewkovitch, a self-described “leftist Zionist” student at Columbia, said it’s been hard to concentrate on school for weeks, amid calls for Zionists to die or leave campus. Her exams have been punctuated with chants of “say it loud, say it clear, we want Zionists out of here” in the background, she said.

Lewkovitch, who identifies as Jewish and studied at Columbia’s Tel Aviv campus, said she wished the current pro-Palestinian protests were more open to people like her who criticize Israel’s war policies but believe there should be an Israeli state.

Adams claimed Tuesday that the Columbia protests have been “co-opted by professional outside agitators.” The mayor didn’t provide specific evidence to back up that contention, which was disputed by protest organizers and participants.

NYPD officials made similar claims about “outside agitators” during the huge, grassroots demonstrations against racial injustice that erupted across the city after the death of George Floyd in 2020. In some instances, top police officials falsely labeled peaceful marches organized by well-known neighborhood activists as the work of violent extremists.
___
Mattise reported from Nashville, Tennessee. Associated Press journalists around the country contributed to this report, including Colleen Long, Karen Matthews, Jim Vertuno, Hannah Schoenbaum, Sarah Brumfield, Stefanie Dazio, Christopher Weber, Carolyn Thompson, Dave Collins, Makiya Seminera, Philip Marcelo and Corey Williams.

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