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Cannabis industry groups argued that the tax violates the state Constitution by altering the voter-approved legalization law without following proper procedure. By Ben Solis, Michigan Advance A group of cannabis industry advocates were unable to convince a Michigan Court of Claims judge that they would face irreparable harm if a new 24 percent wholesale tax on marijuana went into effect to fund the state’s future road repairs. In an opinion issued Monday, Court of Claims Judge Sima Patel said she was denying a request for a preliminary injunction from the plaintiffs in Holistic Research Group Inc./Michigan Cannabis Industry v. Michigan Department of Treasury. The consolidated lawsuits posited that the new tax, passed in October as part of a comprehensive 2025-26 budget deal to raise new revenue for road repairs and rebuilds through 2030, was unconstitutional because it violated the title-object clause of the state’s Constitution. Patel on Monday, after hearing oral arguments in the matter in November, said the industry advocates didn’t make a supported argument that a real constitutional issue existed, nor did the group succinctly show that the Michigan Regulation and Taxation of Marijuana Act, which legalized the use and sale of cannabis in Michigan, was the only statutory mechanism to enact taxes on pot. “The [road funding act] is consistent with the [marijuana taxation act]. The plaintiffs contend that the phrase ‘all other taxes’…refers only to generally applicable taxes, like the 6 percent sales tax imposed on all retail sales,” she wrote. “If that were true, however, the initiative could have simply said that. Instead, the initiative stated plainly that the 10 percent retail excise tax was in addition to ‘all other taxes.’ And the phrase ‘all other’ is broad and expansive. According to the plain meaning of these terms, ‘all other taxes’ broadly means all taxes other than the tax imposed by [the marijuana taxation act].” Patel further noted that the Legislature did not directly amend any of the existing taxes in the regulatory act or replace it with the new tax in the road funding legislation; rather, the Legislature imposed a new separate tax, which is permitted under the regulatory act. “The two statutes can be read together,” Patel wrote. The claim regarding the mechanism by which a new tax could be enacted was therefore dismissed, Patel wrote. Patel did, however, allow the case to move forward to determine if the tax interferes with the intent of the voter-initiated law that allowed marijuana consumption, regulations and sales. Patel said a genuine issue of fact remained on that issue, which required further consideration before the court. “The court must consider the intentions of the [taxation act] drafters and the impact of the new wholesale excise tax on the purposes of the [taxation act],” Patel wrote. “The court may not resolve such factual questions at the summary disposition phase. Discovery will be required to develop the evidence needed to support the parties’ positions in this regard.” This story was first published by Michigan Advance. Photo elements courtesy of rawpixel and Philip Steffan. The post Michigan Judge Allows Marijuana Tax Increase To Take Effect Despite Industry Lawsuit appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“For hemp producers, entering the carbon credit market may provide a strategy for long-term sustainability and market resilience.” By Amy M. Rubenstein, Dentons As the cannabis and hemp industries evolve (including most recently through an amendment to the 2018 Farm bill that redefines “hemp”), producers should seek innovative ways to diversify income and align their businesses with sustainability goals. One promising developments is integrating carbon credit generation into hemp cultivation practices. With its impressive carbon sequestration capabilities, hemp presents an untapped opportunity to access carbon credit markets, including tax incentives through IRS Section 45Q and credits in both voluntary and compliance markets. Why Hemp Producers Should Care About Carbon Credits Producers growing hemp for cannabinoids like Delta-8 THC, CBD and other intoxicating or therapeutic compounds face regulatory challenges and volatile market prices. The amended hemp definition in the federal spending bill compounds these issues and may push producers to find alternatives to monetize their hemp crops. If producers can show a qualifying end-use, they may be able to open up a new and increasingly valuable revenue stream while improving their environmental footprint. Hemp’s rapid growth rate and high biomass density make it particularly effective at capturing carbon dioxide, which is the foundation for generating carbon offsets. Hemp’s Carbon Sequestration Power To the Lincoln University Hemp Institute, “hemp is an ideal annual crop for carbon negative supply chains for food, feed, fiber and fuel.” According to the British Hemp Company, every metric ton of hemp cultivated can absorb approximately 1.63 metric tons of CO₂ from the atmosphere. Dr. Darshil Shah of the University of Cambridge has stated that industrial hemp can capture more carbon per hectare than forests or commercial crops like cotton or wheat. And unlike tree-planting offset schemes, hemp grows in four to six months, meaning it can be cycled multiple times per year for carbon drawdown. Its deep root system not only locks carbon into the soil but also improves soil structure and fertility over time, making future harvests more productive—and more carbon efficient. For hemp producers, especially those already investing in regenerative farming practices to improve cannabinoid yields and terpene profiles, these environmental benefits can be converted into quantifiable financial returns in the form of carbon credits. Carbon Credit Markets: Voluntary vs. Compliance There are two main avenues for selling carbon credits: Voluntary Markets: These allow hemp growers to generate and sell carbon credits directly to companies, individuals or organizations looking to offset emissions as part of sustainability goals. Hemp-based credits are increasingly gaining attention here. Registries like Verra and Gold Standard are developing new agricultural methodologies to accommodate crops like hemp. Compliance Markets: These are government-regulated systems like California’s Cap-and-Trade program or the European Union Emissions Trading System. While more complex to access, these markets offer higher and more stable credit prices. Hemp credits are not yet mainstream in compliance markets, but advocacy is growing for broader agricultural inclusion. One voluntary carbon credit example for hemp comes from Hempitecture, a U.S.-based company that builds sustainable construction materials from hemp, with a methodology being reviewed Verra. Each metric ton of carbon sequestered becomes a credit that a company can then purchase to reduce its overall carbon footprint. These credits have a marketplace, with a lower price commanded for the voluntary markets than the compliance markets. IRS Section 45Q: A Primer for Hemp Cultivators IRS Section 45Q provides tax credits for each metric ton of CO₂ captured and either permanently stored or used in an approved application. While IRS initially created this tax credit for large-scale industrial operations, recent interpretations and guidance suggest a growing openness to biological carbon sequestration—including agriculture-based solutions like hemp. However, for hemp to qualify under 45Q, a few key requirements must be met: The CO₂ captured must be measured and verified using approved protocols. The storage must be permanent or used in a qualifying end-use (e.g., biochar, building materials). Entities must establish Monitoring, Reporting and Verification (MRV) systems to document sequestration. Because requirement #2 presents a challenge currently for intoxicating or therapeutic hemp-derived compounds (i.e., whether the carbon is captured permanently in that use case), most intoxicating hemp growers may find voluntary carbon markets (described above) to be a more immediate fit if 45Q’s requirements cannot be met. However, as intoxicating hemp producers may pivot when the new hemp definition becomes effective, using 45Q may become more attractive. It should be noted that IRS requirements under 45Q, which require compliance and monitoring standards (both during and after construction and placed in service), must be followed closely but still can allow flexibility on the use of the tax credit. Still, staying informed on IRS interpretations of 45Q is smart business—especially as policy continues to evolve as the 45Q credit has evolved and expanded under different administrations. Creating Hemp-Based Carbon Credits: Navigating Compliance and Opportunity Growers with sizable hemp acreage who want to turn hemp’s carbon sequestration into tradable credits must: Measure carbon capture using accepted methodologies (such as COMET-Farm or Cool Farm Tool); Work with a carbon project developer or aggregator. Register with a verified carbon registry. Undergo third-party validation and periodic verification. Maintain long-term documentation and reporting. According to CarbonCredits.com, projects involving hemp are now being registered and monetized, with some platforms even exploring blockchain-based credit systems that tokenize offsets, allowing them to be traded more easily and transparently. While intoxicating hemp often has been separated from industrial-use hemp in regulations, it still qualifies for carbon credit opportunities as long as the cultivation methods meet the criteria for verifiable carbon sequestration. In the next year, this separation also may fade for hemp producers. From a marketing perspective for any hemp product, emphasizing environmental stewardship through carbon capture can also be appealing to eco-conscious investors and consumers. Challenges to Consider Before diving in, there are important caveats: Verification costs can be substantial. Grouping together with other growers through a project developer can help. Lack of clear hemp-specific methodologies. While some exist for soil carbon or biomass sequestration, few are tailor-made for intoxicating hemp crops. Regulatory ambiguity. Federal policy still creates friction between cannabis-related operations and traditional agricultural benefits like USDA support or federal tax credits. Despite these issues, the carbon credit space continues to mature rapidly, and hemp growers are well-positioned to take early advantage. The Future: Hemp as a Dual-Use Crop for Profit and Planet For hemp producers, entering the carbon credit market may provide a strategy for long-term sustainability and market resilience. As more carbon registries develop agriculture-friendly protocols, and as public awareness of climate-smart agriculture grows, early adopters in the hemp space will reap financial and reputational benefits. Consumers seeking eco-friendly products may seek out products that have attributes like carbon capture. By aligning cultivation with carbon sequestration strategies and pursuing certification in voluntary or eventually compliance markets, hemp growers can play a pivotal role in fighting climate change—all while growing a better bottom line. Amy M. Rubenstein is a partner in the Health Care practice at Dentons US LLP. Photo courtesy of Max Jackson. The post How Hemp Producers Can Unlock Potential In Carbon Credit Markets (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A federally funded study published by the American Medical Association (AMA) is adding more evidence that marijuana can serve as an effective substitute for opioids in chronic pain treatment. The study, published in the Journal of the American Medical Association (JAMA) Internal Medicine on Monday, looked at opioid prescribing trends among chronic pain patients who became involved in the New York’s medical cannabis program between 2018 and 2023. “Medical cannabis is increasingly considered a substitute for prescription opioid medications for chronic pain, driven by the urgent need for opioid alternatives to combat the ongoing epidemic,” the authors noted. To that end, their results showed that New York’s marijuana program “was associated with significantly reduced prescription opioid receipt.” The 204 participants recruited for the research project—which was led by scientists at the Montefiore Medical Center, University of Arizona and City University of New York—were all prescribed opioids for pain management and were “newly certified for medical cannabis use.” Their cannabis and opioid use was monitored over the course of 18 months. The study found that average opioid use significantly decreased in the months they incorporated marijuana into their treatment regiment. Compared to chronic pain patients who didn’t use cannabis, the marijuana patients reported 3.53 fewer morphine milligram equivalents (MME) in daily opioid use. “Chronic pain and opioid addiction are two of the most pressing health challenges in the United States,” Deepika E. Slawek, M.D., M.S., the study’s lead author, said in a press release. “Our findings indicate that medical cannabis, when dispensed through a pharmacist-supervised system, can relieve chronic pain while also meaningfully reducing patients’ reliance on prescription opioids. Supervised use of medical cannabis could be an important tool in combatting the opioid crisis.” The newly published paper itself says that “participation in NYS’s medical cannabis program was associated with reduced prescription opioid receipt during 18 months of prospective follow-up, accounting for unregulated cannabis use.” “Our study was novel in that we prospectively studied medical cannabis provision in an exceptionally medicalized program with involvement of pharmacists and clinicians,” the the authors wrote, noting the utilization of data from New York’s prescription monitoring program. “In this prospective, longitudinal cohort study, participation in NYSMCP as determined by pharmacist-reported days of medical cannabis dispensed was associated with a reduction in prescription opioid receipt,” the study says. “Our findings add to existing evidence that suggests that medical cannabis may be a substitute for prescription opioids in patients with chronic pain.” The National Institute on Drug Abuse (NIDA) financially supported the research. This represents one of a continually growing number of examples of studies indicating that cannabis could provide relief for pain and an alternative to more addictive treatment options such as prescription opioids. For example, another recent federally funded study from AMA found that legalizing marijuana for medical or recreational purposes is “significantly associated with reduced opioid use among patients diagnosed with cancer.” A separate paper published in October similarly found that medical marijuana legalization is “associated with significant reductions in opioid prescribing.” In August, meanwhile, Australian researchers published a study showing that marijuana can serve as an effective substitute for opioids in pain management treatment. Another study published earlier this year in the journal Drug and Alcohol Review found that, among drug users who experience chronic pain, daily cannabis use was linked to a higher likelihood of quitting the use of opioids—especially among men. Research published late last year also found that legalizing medical cannabis appeared to significantly reduce monetary payments from opioid manufacturers to doctors who specialize in pain, with authors finding “evidence that this decrease is due to medical marijuana becoming available as a substitute” for prescription painkillers. Other recent research also showed a decline in fatal opioid overdoses in jurisdictions where marijuana was legalized for adults. That study found a “consistent negative relationship” between legalization and fatal overdoses, with more significant effects in states that legalized cannabis earlier in the opioid crisis. Authors estimated that recreational marijuana legalization “is associated with a decrease of approximately 3.5 deaths per 100,000 individuals.” “Our findings suggest that broadening recreational marijuana access could help address the opioid epidemic,” that report said. “Previous research largely indicates that marijuana (primarily for medical use) can reduce opioid prescriptions, and we find it may also successfully reduce overdose deaths.” Another recently published report into prescription opioid use in Utah following the state’s legalization of medical marijuana found that the availability of legal cannabis both reduced opioid use by patients with chronic pain and helped drive down prescription overdose deaths statewide. Overall, results of the study indicated that “cannabis has a substantial role to play in pain management and the reduction of opioid use,” it said. The post Patients In New York’s Medical Marijuana Program Saw ‘Significantly Reduced’ Opioid Prescriptions, Federally Funded Study Shows appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Florida senator has introduced a new bill for the 2026 session that would legalize home cultivation of marijuana for registered medical cannabis patients in the state. Sen. Carlos Smith (D) filed the legislation on Friday—one of the latest attempts to give patients a home grow option that’s allowed under most medical marijuana programs in other states across the country. This latest measure would permit qualified patients who are at least 21 years old to cultivate up to six flowering plants for personal, therapeutic use. Those patients could also buy seeds and clones from licensed dispensaries. “A qualified patient who cultivates cannabis shall ensure that the plants are secured in a manner to prevent access by unauthorized persons,” the bill text says. “The sale of patient-cultivated cannabis plants and products and cultivation of cannabis by patients beyond the limits specified in this section is subject to the penalties outlined” under existing law. If enacted into law, the bill would become law on July 1, 2026. A similar proposal was introduced at the beginning of this year by Sen. Joe Gruters (R), who is now chairman of the Republican National Committee, but it did not advance. Gruters and Kim Rivers—the CEO of Trulieve, a medical marijuana company that provided the bulk of funding for an unsuccessful cannabis legalization ballot initiative last year—also met with Preident Donald Trump ahead of his endorsement of the constitutional amendment, as well as federal rescheduling and industry banking access. Notably, Amendment 3 would not have legalized home cultivation of marijuana—a detail seized on by some critics of the industry-backed proposal. The campaign behind that initiative, Smart & Safe Florida, recently said it’s collected more than one million signatures to put a new version of the legalization measure on the 2026 ballot—and so it voluntarily declined to appeal a legal case in which a judge allowed state officials to invalidate about 200,000 petitions over a largely procedural issue. Smart & Safe filed a separate lawsuit with the state Supreme Court over another issue last month, alleging that officials are violating election laws by stalling a required review process for the measure without justification. The state has since agreed to move forward with the processing. A federal judge in August separately delivered a win to the campaign—granting “complete relief” from provisions of a law the governor signed to impose other serious restrictions on signature gathering. In March, meanwhile, two Democratic members of Congress representing Florida asked the federal government to investigate what they described as “potentially unlawful diversion” of millions in state Medicaid funds via a group with ties to Gov. Ron DeSantis (R). The money was used to fight against a citizen ballot initiative, vehemently opposed by the governor, that would have legalized marijuana for adults. The lawmakers’ letter followed allegations that a $10 million donation from a state legal settlement was improperly made to the Hope Florida Foundation, which later sent the money to two political nonprofits, which in turn sent $8.5 million to a campaign opposing Amendment 3. The governor said in February that the newest marijuana legalization measure is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year. “There’s a lot of different perspectives on on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.” “But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said. The latest initiative was filed with the secretary of state’s office just months after the initial version failed during the November 2024 election—despite an endorsement from President Donald Trump. Smart & Safe Florida is hoping the revised version will succeed in 2026. The campaign—which in the last election cycle received tens of millions of dollars from cannabis industry stakeholders, principally the multi-state operator Trulieve—incorporated certain changes into the new version that seem responsive to criticism opponents raised during the 2024 push. For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.” Last year, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome. While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released in February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — In the background, a recent poll from a Trump-affiliated research firm found that nearly 9 in 10 Florida voters say they should have the right to decide to legalize marijuana in the state. Meanwhile, a pro-legalization GOP state lawmaker recently filed a bill to amend state law to codify that the public use of marijuana is prohibited. Rep. Alex Andrade (R), the sponsor, said earlier this year that embracing cannabis reform is a way for the Republican party to secure more votes from young people. Separately, Florida medical marijuana officials are actively revoking the registrations of patients and caregivers with drug-related criminal records. The policy is part of broad budget legislation signed into law earlier this year by DeSantis. The provisions in question direct the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges. The post Medical Marijuana Home Cultivation Would Be Legalized In Florida Under Senator’s New Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“We are experiencing a new renaissance…of psychedelic medicine.” By Leah Romero, Source NM New Mexico Department of Health experts on Friday announced an expedited timeline for the state’s new medical psilocybin program during the program’s first advisory board meeting. The seven members of the newly formed Medical Psilocybin Advisory Board met virtually with DOH experts, state Sen. Jeff Steinborn (D-Las Cruces) and dozens of members of the public to discuss the status of the program and a draft of the program’s operational procedures. The program was created during the regular legislative session earlier this year through the passage of Senate Bill 219, cosponsored by Steinborn. The bill established the program and advisory board, as well as made the use of psilocybin legal in the state in controlled, qualified medical treatment settings. New Mexico is the third state in the country to allow psilocybin, or magic mushrooms, for therapeutic use. “We are experiencing a new renaissance…of psychedelic medicine,” Steinborn said during the board meeting. He added that other states will be watching and learning from how New Mexico’s program is established. “By definition, we’re pioneers and we’re going to learn a lot, but I also want to challenge you to not be afraid to try new things, to innovate, to make things better than maybe they’ve been in other states, in some cases.” According to the bill, patients will qualify for the psilocybin program and treatment if they are diagnosed with major treatment-resistance depression; post traumatic stress disorder; substance use disorders; end-of-life care; and other conditions approved of by the DOH. The bill also states that the program must be implemented no later than December 31, 2027. Dominick Zurlo, director of the Center for Medical Cannabis and Psilocybin, said during the meeting that the DOH has set the goal of opening the program to the public a year early. The department has also hired a program manager and are working to fill the roles of environmental scientist and compliance officer. “Because there has been such large interest in this and a push for us to try to be able to help people with psilocybin treatments earlier, we have set a goal now to have the program at least to be able to see the initial patients by the end of December of 2026,” Zurlo said. During public comment, attendees voiced support and excitement for the program’s creation. Others said they were curious about the possibility of trying the treatment when it becomes available; how the supply chain will work with local mushroom growers; and how licensing will work for medical providers. Denali Wilson, director of strategic support for the nonprofit Healing Advocacy Fund, said her organization is ready to provide input to the DOH as the program takes shape. She said its priorities are safety, a “clear code of ethics,” systems for measuring outcomes and patient affordability. “While it is important for the program to move forward with urgency, achieving the right balance of safety, affordability and equity will require careful attention and thoughtfulness,” Wilson said. “Let’s be sure that any acceleration of the regulatory timeline doesn’t unintentionally compromise patient safety, undermine long-term sustainability or limit meaningful public engagement.” This story was first published by Source NM. The post New Mexico Officials Move To Launch Psilocybin Therapy Program A Year Earlier Than Expected appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

New Hampshire lawmakers have introduced a slew of marijuana-related bills for the upcoming 2026 session, including proposals to legislatively enact adult-use legalization—or alternatively leave it up to voters to decide at the ballot. After submitting at least a dozen requests for legislative staff to draft reform marijuana and psychedelics reform bills they plan to sponsor next year, legislators have now formally prefiled multiple cannabis measures for consideration in 2026. One proposal from Rep. Jonah Wheeler (D) stands out, as it seeks to put a constitutional amendment on the state ballot that would let voters decide if they want to legalize marijuana for adults 21 and older, allowing them to “possess a modest amount of cannabis for their personal use.” The measure comes as lawmakers have had difficulty advancing legalization bills through both chambers in recent sessions, and as current Gov. Kelly Ayotte (R) has threatened to veto any such bill that reaches her desk. As a constitutional amendment, Wheeler’s proposal would need supermajority support from three-fifths of lawmakers in the House and Senate to reach the ballot, and requires no action on the part of the governor. For GOP lawmakers who might not want to take a vote to override a veto on a legalization bill from their own party’s governor, passing the amendment could be a way to circumvent that situation. If the legalization question made it to the ballot, it would need support from two-thirds of voters to be enacted. Other bills filed for 2026 include another to legalize marijuana possession stautorily, two to protect the gun rights of medical cannabis patients and another that would make it so medical marijuana dispensaries could operate on a for-profit basis, as is the case in the majority of states that have legalized the plant. There are also a few pieces of legislation aimed at regulating hemp sales—an issue that’s receiving heightened attention given that Congress passed, and President Donald Trump signed, an appropriations bill that would effectively re-criminalize most consumable hemp products. Here are the summaries of the newly filed bills: Rep. Jonah Wheeler (D)—CACR 19: relative to the personal possession of cannabis. Providing that adults 21 years of age or older shall have the right to possess a modest amount of cannabis intended for their personal consumption. Rep. Jared Sullivan (D)—HB 1235: legalizing certain quantities of cannabis. Sen. Keith Murphy (R)—SB 462: relative to the right of therapeutic cannabis patients to purchase, possess, and transfer firearms in accordance with state law. Tom Mannion (R)—HB 1446: providing that an individual’s use of therapeutic cannabis shall not disqualify the individual from the purchase, ownership, or possession of a firearm. Sen. Daniel Innis (R)—SB 479: allowing alternative treatment centers to operate for profit. Sen. Bill Gannon (R)—SB 400: relative to duties and reporting requirements of the therapeutic cannabis medical oversight board. Sen. Donovan Fenton (D)—SB 461: relative to the definition of hemp. Sen. Timothy Lang (R)—SB 485: relative to the licensure, regulation and taxation of hemp-based derivative products. Sen. Bill Gannon (R)—SB 624: restricting access to certain hemp-derived products. “It has long appeared obvious to many Granite Staters that cannabis prohibition violates our state Constitution. Article I holds that rightful government policies must be ‘founded in consent,’ so how can a policy as unpopular as cannabis prohibition possibly meet that standard?” Matt Simon, director of public and government relations at the medical marijuana provider GraniteLeaf Cannabis, told Marijuana Moment on Friday. “Sadly, lawmakers have repeatedly thwarted the will of voters on this issue, so a constitutional amendment may turn out to be not only appropriate but necessary,” he said. (Disclosure: Simon supports Marijuana Moment’s work with a monthly pledge on Patreon.) So far, proposals to reform state laws around psychedelics like psilocybin that certain lawmakers requested staff to draft have not been formally filed for the next session. In October, meanwhile, a New Hampshire House Finance subcommittee advanced a bill to allow medical marijuana dispensaries in the state to convert from non-profit organizations to for-profit businesses. Another New Hampshire House committee recently discussed plans to move forward with a bill to legalize marijuana altogether–even though members accept that it is unlikely to advance beyond the chamber given opposition in the Senate and the threat of a veto by the governor. “We know where it’s going to go. Let’s send a virtue signal,” the sponsor of the legalization proposal, Rep. Jared Sullivan (D), said during a House Commerce and Consumer Affairs Committee hearing last month. “Let them be the ones that are pissing off voters who care about this.” Sullivan ultimately made a persuasive defense of moving forward with his original bill, pointing out that the House has repeatedly passed similar legalization legislation and that the chamber should stand its ground, forcing the Senate and governor to again go on record with their opposition to a policy popular among voters. Meanwhile, after the House added provisions to a Senate-passed bill that would allow medical marijuana patients to grow cannabis at home, those measures were stripped in conference. The governor also said in August that her position on marijuana legalization would not change even if the federal government moved forward with rescheduling the plant—a policy change President Donald Trump is actively considering. “If federal law changes, I have to comply with federal law,” Ayotte said. “But my position has been, and continues to be, that we should not legalize marijuana in the future.” Photo courtesy of Mike Latimer. The post New Hampshire Lawmakers Prefile Multiple Marijuana Bills For 2026—Including Measure To Let Voters Legalize On The Ballot appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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DOJ memo on guns & marijuana users; Senator blocks Trump’s drug czar pick; KY gov: Medical cannabis sales “very close”; OH marijuana recriminalization Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Hold on, just one second before you read today’s news. Have you thought about giving some financial support to Marijuana Moment? If so, today would be a great day to contribute. We’re planning our reporting for the coming months and it would really help to know what kind of support we can count on. Check us out on Patreon and sign up to give $25/month today: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW A newly disclosed Department of Justice guidance memo obtained by Marijuana Moment shows that officials knew the federal law denying gun rights to cannabis consumers is vulnerable to “potential litigation risk”—a revelation that comes as the Supreme Court is taking up a case on the issue. The Congressional Research Service published a report on a newly approved federal ban on hemp THC products—saying it “remains unclear if and how” the prohibition will be applied and that Drug Enforcement Administration and Food and Drug Administration officials “may lack the resources to broadly enforce” it. Sen. Michael Bennet (D-CO) blocked Republican leaders’ move to confirm Sara Carter Bailey as director of the White House Office of National Drug Control Policy on an expedited basis as part of a group of other nominees from President Donald Trump. Kentucky Gov. Andy Beshear (D) said the first medical cannabis products should be on dispensary shelves “within the next couple of weeks” and that the launch of sales is “very, very close”—pointing out that marijuana is an alternative for “people that might have otherwise been taking opioids.” The Ohio Senate is expected to vote this week on a bill to scale back the voter-approved marijuana legalization law by recriminalizing possession of cannabis purchased in another state and removing anti-discrimination protections for consumers in parental rights, organ transplants and professional licensing. The World Health Organization’s Expert Committee on Drug Dependence rejected a proposal to ease a global ban on coca leaf—even as a review showed the plant does not have any “clinically meaningful public health harms” but that its prohibition creates “substantial public health harms.” / FEDERAL A former Drug Enforcement Administration agent was indicted on federal charges of conspiring to traffic drugs and launder millions of dollars for a Mexican cartel. Sen. Kirsten Gillibrand (D-NY) will speak at a cannabis event on January 29. Rep. Ilhan Omar (D-MN) tweeted, “The cannabis industry is thriving but the communities harmed most by the War on Drugs are being left out. Today, I joined @RepTroyCarter, @RepLSimon, and @repdinatitus to introduce the RESPECT Resolution to ensure that the economic benefits are shared by those who were harmed by failed policies.” / STATES Commonwealth of the Northern Mariana Islands Gov. David Apatang (I) issued an executive order transferring marijuana regulation authority from the Commonwealth Cannabis Commission to the Alcohol Beverage and Tobacco Control Division. North Carolina Gov. Josh Stein (D) touted a grant to a hemp company. Wisconsin’s Assembly minority leader discussed public support for marijuana reform. California regulators announced recalls of marijuana products due to the presence of aspergillus and due to lack of good manufacturing practices. Separately, the Cannabis Authority Board of Directors will meet on Monday. Colorado regulators published health and safety advisories about marijuana products that exceed acceptable limits of total yeast, mold and elemental impurities. Illinois regulators filed proposed changes to medical cannabis rules. Arkansas regulators delayed action on a proposed rule to limit out-of-state companies from controlling medical cannabis businesses. Washington State regulators denied a petition to revise marijuana social equity rules. Tennessee regulators published a notice about the transition of hemp product regulation to a new agency. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL Kansas City, Missouri’s mayor is proposing to ban the sale of intoxicating cannabinoids, synthetic cannabinoids, nitrous oxide, bath salts, K2 and kratom. / INTERNATIONAL Canadian officials published updated data on medical cannabis use. / SCIENCE & HEALTH A study’s results “support the role of cannabis terpenes as partial agonists at CB1R and CB2R and provide the basis for selecting terpenes or terpene mixture for affecting physiological functions involving these receptors.” A study provided “initial evidence that [psilocybin-assisted therapy] can be feasibly and safely integrated into hospice care for terminally ill patients.” / ADVOCACY, OPINION & ANALYSIS The Dallas Morning News editorial board said a new scientific review suggests Texas lawmakers should be cautious about further expanding medical cannabis access. / BUSINESS Heirloom Remedies is being ordered by a judge to pay the federal government $312,651 in damages and penalties for allegedly making misrepresentations to secure COVID-related loans. / CULTURE Jeff Bridges said his favorite odor, before he lost his sense of smell from COVID, was “some fresh weed.” Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: Photo courtesy of Chris Wallis // Side Pocket Images. The post Can the feds actually enforce the new hemp THC product ban? (Newsletter: December 8, 2025) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“You can be charged with a crime for having legal weed in a different package than what you bought. You can be charged with a crime for buying legal weed in Michigan.” By Jake Zuckerman, Signal Cleveland This story was originally published by Signal Cleveland. Sign up for their free newsletters at SignalCleveland.org/subscribe. A new law that’s likely to pass at the Statehouse next week would establish a series of minor criminal penalties for people who improperly transport or possess marijuana in Ohio, while rolling back legal protections for users in venues like child custody or professional licensing disputes. For that reason, NORML, the oldest marijuana advocacy organization in the U.S., is leading a quixotic effort to ask the Ohio Senate to reject Senate Bill 56 before a final vote next week. With the Senate’s approval, the bill would go to Gov. Mike DeWine (R) for a signature or veto. The marijuana changes come within a larger package that also imposes a comprehensive, new regulatory system on intoxicating hemp, a product that’s functionally similar to legal marijuana but sold without the age restrictions, taxes or quality controls. DeWine, a Republican who opposed relaxing Ohio’s marijuana laws, has made a public cause of the intoxicating hemp issue for more than a year now. But perhaps out of a political compromise, marijuana users have found themselves caught in the crosshairs within the hemp crackdown, according to Morgan Fox, NORML’s political director. “A lot of these things are completely nonsensical,” he said in an interview. “This is recriminalizing a lot of behavior that is relatively innocuous and has been legal for some time.” House and Senate lawmakers negotiated a final version of the legislation in a conference committee, which means the bill can no longer be changed. The House passed it last month, with a late-night 52-34 vote, where a handful of Republicans joined Democrats in opposition. Committee members described the final version as a compromise between a list of scrambled voting blocs: Democrats who don’t want new criminal penalties for run-of-the-mill users, libertarian-minded Republicans protective of the right to grow one’s own marijuana, religious conservatives who disapprove expanding the legal use of intoxicants, local governments who want their tax money, a governor seeking a crackdown on the gas station hemp retailers, and both the hemp and marijuana industries seeking market advantage. (All told, 153 lobbyists registered to work on the bill as of August, state records show.) In 2023, Ohio voters passed Issue 2 by a 57 percent to 43 percent vote, allowing for adults to lawfully use, buy, sell and possess cannabis. Those rights remain broadly intact under the bill. However, SB 56 imposes legal penalties for things like possessing marijuana in anything but its original container or buying legal marijuana in Michigan where it tends to be much cheaper. What follows is a closer look at some of those rules. Out-of-state marijuana SB 56 reclassifies what counts within the “scope of legalization” of marijuana. And by its rules, any marijuana that’s not either grown in one’s home or purchased at an in-state dispensary is illegal. Prices are far lower in the more mature cannabis market of Michigan, and SB 56 would make it illegal to bring that same substance back into Ohio. Violators could be convicted of a minor misdemeanor, which entails a maximum fine of $150 but no jail time. Fox, who lobbies on a national basis for NORML, said he’s not aware of any adult-use state that makes simple possession of cannabis that originated in a different state illegal. Driving with marijuana in the car Under the bill, drivers can transport legal marijuana by car. However, it must be stored in the trunk or, for cars without trunks, behind the last upright seat of the car. Marijuana and any paraphernalia also must be stored in its “original, unopened packaging.” Similarly, edibles must be stored in their original packaging to comply with the bill. Violations are a minor misdemeanor. “You can be charged with a crime for having legal weed in a different package than what you bought,” said Bride Rose Sweeney, one of the House Democrats’ top negotiators on the bill, during a floor speech. “You can be charged with a crime for buying legal weed in Michigan.” Lost legal protections Besides legalizing marijuana, the 2023 law approved by voters created legal protections for adults who use marijuana in a spread of civil and administrative contexts. For instance, state licensing boards can’t punish licensees solely for use of marijuana. A judge can’t strip a parent of parenting time or responsibilities solely based on marijuana use and barring clear and convincing evidence of the child’s lack of safety. Similar protections exist regarding access to medical care like an organ donation, rejections to a person as a tenant, or disqualifying them from public benefits. The bill removes almost all these protections, though users could still access public benefits (with the exception of unemployment compensation). The post Ohio Senate Expected To Vote On Bill Recriminalizing Some Marijuana Activity That Voters Legalized appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“It’s unacceptable for humanity to demonize a sacred medicinal plant. It was more of a political decision than a scientific one.” By Mattha Busby, Filter The World Health Organization had a historic opportunity to ease a strict global ban on the coca leaf—a prohibition, campaigners said, with “racist and colonial” roots. But the agency has chosen not to do so. The WHO’s own expert review had detailed in September how millions of people across the Andes consume the coca leaf daily as part of a longstanding cultural practice without any significant negative effects—and that, conversely, coca control strategies are associated with substantial public health harms. And yet on December 2, the WHO’s Expert Committee on Drug Dependence (ECDD) recommended that the plant be kept in Schedule I of United Nations drug treaties—the most restrictive category of control—because coca leaves can relatively easily be converted into cocaine. “The simplicity of extracting cocaine from coca leaf and its high yield and profitability are well known,” the ECDD wrote. “The Committee also reviewed evidence of a marked increase in coca leaf cultivation and in the production of cocaine-related substances, in the context of significant, increasing public health concern about cocaine use. In that context, the Committee considered that reducing or removing existing international controls on coca leaf could pose an especially serious risk to public health.” The committee noted that a 34 percent year-on-year increase in cocaine production was reported in 2023, with some countries reporting historically high levels. But reform advocates emphasize that coca is not cocaine. They insist that the WHO’s review acknowledged both the plant’s medical potential and the lack of evidence of problematic coca leaf use anywhere in the world—two key criteria a drug must satisfy to be placed in a less restrictive schedule. “It’s unacceptable for humanity to demonize a sacred medicinal plant,” Jaison Perez Villafaña, a wisdom keeper or mamo from Colombia’s Arhuaco community, told Filter. “It was more of a political decision than a scientific one. The coca leaf (el ayu) is not itself to blame for being converted into cocaine by humans with economic interests.” The ECDD said it recognized that “coca leaf has an important cultural and therapeutic significance for Indigenous peoples and other communities and that there are exemptions for traditional use of coca leaf in certain national frameworks.” A coalition of Indigenous coca leaf producers and consumers wrote to the WHO in October urging the UN body to “clearly differentiate” between traditional coca use and issues associated with cocaine. Steve Rolles, senior policy analyst at Transform Drug Policy Foundation, called the WHO’s suggestion that keeping coca in Schedule 1 would restrict cocaine production “ridiculous,” saying the decision exposed “the moral and scientific bankruptcy pervading the entire system” of global drug control. “Whilst we may expect decisions like this to emerge from political bodies subsumed within entrenched ‘war on drugs’ narratives, there was a hope that the more objective, scientific, and nominally independent corners of the UN would maintain a degree of pragmatism and principle—even if their recommendations were later rejected by UN political entities,” he wrote on LinkedIn. “The risks of cocaine powder or smoked crack cocaine, creations of the global North, which is also by far the biggest market for both, are demonstrably of a different order to traditional coca use, chewed or in tea, which occurs exclusively in the global South,” Rolles added. “It is the global South where the burden of both the failed war on cocaine, and the criminalization of entire cultures is most acutely felt.” In 2020, following a WHO recommendation, the UN’s Commission on Narcotic Drugs voted narrowly to relax international controls on cannabis, acknowledging its medical value after decades of “reefer madness.” For reform advocates, that decision appeared to signal a slow and overdue shift toward evidence-based scheduling. Therefore there were hopes that the UN system could also distinguish between the coca leaf—containing less than 1 percent cocaine alkaloid—and the refined powder that fuels global demand. Yet coca will continue to be treated as though it has the same risk profile as cocaine—even after the WHO review affirmed that traditional coca chewing has caused no documented fatalities, is not associated with significant dependence or “abuse” potential, and has possible therapeutic applications ranging from anti-inflammatory effects to modest improvements in post-meal glucose. “The WHO’s decision is deeply disappointing and profoundly troubling,” Ann Fordham, executive director of the International Drug Policy Council, said in a press release. “This was not a routine review—it was a critical test of the UN drug control system. The Committee has shown it cannot objectively assess evidence or consider the human rights consequences of prohibition. Instead, it has chosen to reinforce the racist and colonial foundations of international drug control. This decision makes clear that the system is broken and resistant to meaningful reform.” Experts have long argued that the logic behind the coca ban is selective and ignores existing treaty precedents. Plants such as ephedra, which is used to manufacture methamphetamine, psilocybin-containing mushrooms and mescaline-producing cacti all remain unscheduled at the plant level, despite being used to produce controlled substances. While open persecution of coca-chewers in the Andes has waned, prohibition still shapes daily life in parts of the region—from farmers who lose crops to stop-start aerial fumigation campaigns, to communities caught between eradication forces and the networks that dominate the illegal cocaine trade. In the September review, the independent group of experts contracted by the WHO noted research that showed exposure to harmful glyphosate-based pesticides like Roundup, found to be a probable carcinogen, from authorities’ aerial spraying of coca crops “increased the number of miscarriages and the number of medical consultations related to dermatological and respiratory illnesses in targeted communities.” The review added that another study showed that forced coca eradication incentivized coca farmers to intensify production through increased use of toxic agro-chemicals “in remaining or subsequent coca plots, increasing their exposure to those chemicals.” Villafaña and other Indigenous leaders have warned that these pressures amount to a form of cultural violence. Coca is central to Andean communities’ spiritual practice, conflict resolution, work, ceremony and community health—yet its use outside narrow “traditional” exemptions places people at risk of criminal sanctions. “It would be a relief for us as a culture,” Villafaña said, “if the world recognized it as a sacred plant and didn’t demonize it.” But, he added, the decision would not otherwise affect his community, whose members will continue chewing coca as they always have done. This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Bluesky, X or Facebook, and sign up for its newsletter. The post World Health Organization Won’t Ease Coca Leaf Ban, Even As Review Found Prohibition Is More Dangerous Than The Plant appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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