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  8. Virginia House and Senate lawmakers have advanced a pair of companion bills, with amendments, that would provide a pathway to resentencing for people with prior marijuana convictions. Members of the Senate and House Courts of Justice Committees on Monday approved substitute versions of the opposite chambers’ reform legislation, making certain revisions that set the stage for bicameral negotiations as the measures move forward in the legislative process. Overall, the legislation as introduced in both chambers would create a process by which people who are incarcerated or on community supervision for certain felony offenses involving the possession, manufacture, selling or distribution of marijuana could receive an automatic hearing to consider modification of their sentences. The Senate panel approved HB 26 from Del. Rozia Henson (D) in a 9-6 vote, with revisions largely conforming it to the chamber’s own bill, SB 62, that’s being sponsored by Senate President Pro Tem Louise Lucas (D) that passed on the floor last month before moving to the House. Senators have now referred the House measure to the Senate Finance and Appropriations Committee for further consideration. There are some differences between the chambers’ measures. The House-passed legislation includes juveniles among those who would be eligible for relief for marijuana-related convictions, clarifies that judges would only be considering resentencing for cannabis offenses and specifies that people with probation violations for marijuana would be included in the reform. Both bills as introduced apply to people whose convictions or adjudications are for conduct that occurred prior to July 1, 2021, when a state law legalizing personal possession and home cultivation of marijuana went into effect. With respect to the Senate bill, which cleared the House committee in substitute form in a 15-7 vote on Monday, it would exclude more categories of people who could qualify for resentencing, while adding a longer list of violent crimes that would render people with cannabis convictions ineligible for relief. In the background of these latest developments, separate Virginia bills to legalize recreational marijuana sales have continued to advance toward enactment into law. Lawmakers in both the House of Delegates and Senate last week amended and advanced the opposite chambers’ proposals on the issue. Virginia lawmakers took action on multiple marijuana bills on a key deadline last month—advancing the proposals to legalize cannabis sales, provide a pathway to resentencing for prior marijuana convictions, as well as other legislation to allow medical cannabis access in hospitals for seriously ill patients. Despite the outstanding differences, both chambers’ commercial sales bills have largely aligned with recommendations released in December by the legislature’s Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market. Meanwhile, certain GOP members have found themselves ideologically aligned with their Democratic colleagues throughout this legislative process, breaking with the majority of their caucus in support of creating a regulated marketplace for adults to purchase cannabis. Since legalizing cannabis possession and home cultivation in 2021, Virginia lawmakers have worked to establish a commercial marijuana market—only to have those efforts consistently stalled under former Gov. Glenn Youngkin (R), who twice vetoed measures to enact it that were sent to his desk by the legislature. Gov. Abigail Spanberger (D), by contrast, supports legalizing adult-use marijuana sales. Separately last month, the Virginia House passed a bill to allow patients to use medical marijuana in hospitals. It would require healthcare facilities to establish policies “to address circumstances under which an eligible patient would be permitted to use medical cannabis.” The Senate passed differing legislation concerning the use of medical cannabis in health care facilities last month. — 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. — Meanwhile, the Virginia House this month approved a bill to protect the rights of parents who use marijuana in compliance with state law. Under the proposal from Del. Nadarius Clark (D), possession of use of cannabis by a parent or guardian on its own “shall not serve as a basis to deem a child abused or neglected unless other facts establish that such possession or consumption causes or creates a risk of physical or mental injury to the child.” “A person’s legal possession or consumption of substances authorized under [the state’s marijuana law] alone shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child,” the text of the bill, HB 942, states. Separately, the Virginia Department of Labor and Industry recently published a new outlining workplace protections for cannabis consumers. The post Virginia Lawmakers Advance Marijuana Resentencing Bills As Push To Legalize Commercial Sales Also Nears Finish Line appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  9. “What we are saying in the rule is if a year from now we look at your ownership and we see you have someone exercising a controlling influence that you know has done these things, then that is a violation.” By Rebecca Rivas, Missouri Independent Missouri cannabis regulators want more power to penalize bad actors in the marijuana industry, according to drafts of proposed rules released last week. The sweeping revisions to Division of Cannabis Regulation rules also aim to streamline the process for ownership changes, allow publicly traded companies to own cannabis licenses and establish recall procedures of marijuana products containing unregulated THC. The proposed guidelines would particularly clarify what happens when there are rule-breakers “exercising a controlling influence” over a facility, said Amy Moore, director of the division that oversees the marijuana program. “What we are saying in the rule is if a year from now [if the rules are approved] we look at your ownership,” Moore said, “and we see you have someone exercising a controlling influence that you know has done these things, then that is a violation.” Moore was speaking of the rules’ detailed list of offenses that include selling or distributing unregulated THC, committing theft or other criminal offenses on the job, fraudulently using an agent identification card, tampering with or falsifying video recordings and refusing to cooperate with a department investigation. Having a rule-breaker in a position of power would lead to a fine of up to $100,000 or suspension or revocation of a license, according to the rules. The changes address some of the challenges regulators have encountered with facilities, such as the cases of the Delta Extraction manufacturing and Red Tractor cultivation facilities. Nearly a year after the state stripped Robertsville-based Delta Extraction of its license for adding unregulated THC to its products, regulators approved one of the company’s co-owners—AJO LLC—to take over a cultivation and manufacturing facility in Waynesville in May 2024. Lisa Cox, spokeswoman for the division, told The Independent last year that the rules currently do not prohibit individuals who have had a license revoked from acquiring another license. The Kansas City owner of Red Tractor pled guilty to two misdemeanor charges for submitting fraudulent documents to cannabis regulators in 2021 to obtain a marijuana cultivation license. Without a felony conviction to make him ineligible, Waggoner retained the two cannabis manufacturing licenses held by his company. The public can comment on the division’s website until March 10, and regulators will review them and decide whether to formally submit the rules to the Secretary of State’s Office. This is the second time the division has asked for public input on most of these rules, with the first being in August. The most-interested parties, the cannabis business owners, are working on submitting feedback to the latest draft, said Jack Cardetti, spokesman for the Missouri Cannabis Trade Association. Streamlining the process When a cannabis facility wants to make a change in ownership that’s more than 50%, they have to fill out a business-change application and get pre-approval to do so. That process can drag on anywhere from six months to a year, Moore said. “It has proven, over time, to be so rare that we find a constitutional violation in these things,” Moore said. “It feels like we can do away with a business having to wait any amount of time for our pre-approval.” Instead, every licensee will submit a report annually that outlines ownership percentage for each entity or individual. Licensees must still seek pre-approval if they’re adding a new owner or an individual who has 10% or more interest, or they’re fully transferring their licenses to another entity. “I think it is going to be more efficient for us, and definitely more efficient for the businesses,” she said. A state audit released last week found that the division took an average of 165 days to approve or deny business ownership change requests from submission to final action, based on data the auditor reviewed from 2020 through 2023. The auditor urged the division to decrease the turnaround time, and Moore feels this will help do that. “It also allows us to be reviewing more frequently for some and as frequently as you need to for the others,” she said. “I think it’ll be just more efficient government.” The annual review requirement will also offer an opportunity for regulators to catch rule-breakers in ownership or management positions. Another place of enforcement is with agent IDs. The rules would require these managers or decision makers to apply for an agent ID, when they previously didn’t need one if they weren’t working inside a facility. People who’ve committed certain offenses wouldn’t be eligible for an agent ID. The change-business application is another place where regulators will be looking to enforce rules against bad actors. The list of 10 offenses gives applicants a clear idea of what might get an application denied, Moore said. “It gives everybody fair warning,” Moore said, “that before they get into business relationships and before they get into the application process, what may cause us to say, ‘No’.” This story was first published by Missouri Independent. The post Missouri Marijuana Officials File New Rules Targeting Bad Actors In Legal Industry appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  10. A coalition of law enforcement and anti-drug groups is calling on congressional leaders to oppose efforts to delay the implementation of a law that’s set to recriminalize most hemp THC products within months—a policy change that industry stakeholders say would fundamentally upend the market that’s emerged since the crop and its derivatives were federally legalized. As certain lawmakers seek to push back the implementation timeline—with a delay included in proposed amendments for the latest Farm Bill that’s being marked up in a key House committee on Tuesday, for example—the prohibitionists groups led by Community Anti-Drug Coalitions of America (CADCA) are sounding the alarm. In a letter sent to House and Senate Agriculture Committee leaders last month, the organizations said the law that President Donald Trump signed last year that included the hemp THC ban, which takes effect in November, is “a major public health, safety and consumer protection success.” “For years, manufacturers and retailers exploited ambiguities in the 2018 Farm Bill’s hemp definition to market highly intoxicating products as ‘legal hemp,’ with many chemically converted versions marketed as far more potent than regular marijuana,” it says. “This created a fragmented and costly enforcement problem: whether a product was unlawful often required time-consuming testing, legal interpretation, and agency-by-agency disentanglement.” In addition to CADCA, the letter was signed by groups such as D.A.R.E. America, Drug Enforcement Association of Federal Narcotics Agents, Drug Free America Foundation, Inc., National Alliance of State Drug Enforcement Agencies, National Association for Addiction Professionals, National Drug & Alcohol Screening Association, National HIDTA Director’s Association (NHDA), National Narcotic Officers’ Associations’ Coalition, Partnership to End Addiction and Smart Approaches to Marijuana, among dozens of others. Despite the fact that a significant portion of the hemp sector that’s evolved over recent years derives revenue through the same of intoxicating cannabinoid products, the groups downplayed the impact of the forthcoming ban, making the case that the policy “does not harm legitimate hemp.” “Public Law 119-37 draws a practical, enforceable line between legitimate hemp commerce and intoxicating products deceptively marketed as ‘hemp,'” they said. “Critically, this is not a ban on hemp farming. Fiber, grain, seed, and other traditional hemp cultivation remain lawful.” “Non-intoxicating hemp products can continue to be made and sold, and the law provides a clear compliance pathway that preserves legitimate agriculture while ending the national sale of intoxicating products falsely presented as hemp,” the letter says, adding that an implementation delay “would only benefit those who manufacture and sell hemp-derived THC and other hemp derived intoxicating products.” “Claims that additional time is needed to ‘develop regulations’ for intoxicating hemp-derived THC products are misplaced. Research and enforcement experience show that attempting to regulate these products has resulted in widespread noncompliance, continued youth access, misleading marketing, and persistent public health harms, even in states that have enacted substantial regulations. These products are continually reformulated to evade thresholds, testing requirements, and enforcement, rendering regulatory frameworks ineffective and resource-intensive to administer. Public Law 119-37 appropriately resolves this problem not by attempting to regulate an inherently evasive market, but by restoring a clear legal boundary on intoxicating hemp products.” Contrary to arguments from stakeholders, the anti-drug groups said the one-year implementation timeline that started last November is “reasonable,” providing enough time “for manufacturers to cease production or reformulate to non-intoxicating CBD products, for retailers to clear inventory, and for regulators to prepare for consistent enforcement—while preventing further entrenchment of a national marketplace in highly intoxicating hemp-derived products.” “A three-year delay would do the opposite,” they said. “It would normalize and entrench the current marketplace by sustaining nationwide retail access to high-potency intoxicants, increasing youth exposure, poisonings, and preventable injuries, and prolonging the costly, fragmented enforcement environment that prompted Congress to act.” One 2026 Farm Bill amendment to delay the hemp ban would only extend the timeline by another year, and another would delay it for two years, though those proposals are expected to be killed given that the House committee chairman has claimed they are not germane to the underlying bill. A separate standalone bill from the amendment sponsor, Rep. Jim Baird (R-ID), would give the industry two additional years to consider regulatory alternatives to an outright ban. Hemp and alcohol industry stakeholders are on full alert amid a pending ban on hemp THC products—including increasingly popular cannabinoid beverages—and a former Democratic congressman who owns a major alcohol company recently spoke at Wine & Spirits Wholesalers of America’s (WSWA) Access LIVE 2026 event in Las Vegas where he and others discussed the policy landscape around hemp and how to avert an industry-wide upheaval. WSWA, which hosted the event, has been closely monitoring federal hemp policy developments, and the association was among the first in the sector to call on Congress to dial back language in the now-enacted law set to ban most consumable hemp products, while proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items. Other major alcohol retailers came together in January to encourage Congress to delay the enactment of the law Trump signed that will federally recriminalize hemp-derived THC beverages and other products. — 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. — Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis. The provisions set to take effect later this year specify that, within one year of enactment, the weight will apply to total THC—including delta-8 and other isomers. It will also include “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).” The new definition of legal hemp will additionally ban “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it. Legal hemp products will be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. Within 90 days of the bill’s enactment, the Food and Drug Administration (FDA) and other agencies were supposed to publish list of “all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature,” “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and “all other known cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.” However, FDA appears to have missed that deadline. A spokesperson told Marijuana Moment last month that the lists would be posted in the Federal Register when they’re available. Lawmakers from across the aisle have been raising concerns about the potential consequences of the hemp redefinition, which would eradicate most consumable cannabinoid products that have become commonplace in states across the U.S., including those where marijuana hasn’t been legalized. Rep. James Comer (R-KY) and Kentucky Agriculture Commissioner Jonathan Shell are among the critics of the ban, and they sent a letter to Sen. Mitch McConnell (R-KY) last month imploring him to use his influence to avert the recriminalization, at least on a temporary basis, by supporting the proposed implementation delay. While McConnell championed hemp legalization under the 2018 Farm Bill, however, the former Senate majority leader has supported unraveling the hemp THC market that he’s described as an unintended consequences of the broader agriculture legislation. Read the letter from anti-drug groups urging opposition to a delay of the hemp THC ban below: The post Police And Anti-Drug Groups Call On Key Congressional Leaders To Let Hemp THC Ban Take Effect Without Delay appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  11. A Maryland Senate panel has approved a bill to protect firefighters and rescue workers from being penalized for using medical marijuana while off duty. The Senate Finance Committee advanced the measure from Sen. Carl Jackson (D) in a 6-4 vote on Thursday, about a year after the full chamber passed an earlier version that ultimately stalled out in the House. If SB 439 is enacted, state law would be amended to codify that firefighters and other rescue workers who are registered medical cannabis patients could not be penalized over their participation in the state-legal program or for testing positive for marijuana. Employers could not “discipline, discharge, or otherwise discriminate against the fire and rescue public safety employee with respect to the employee’s compensation, terms, conditions, or privileges of employment” based solely on a positive screening for THC metabolites. They also could not “limit, segregate, or classify its employees in any way that would deprive or tend to deprive the fire and rescue public safety employee of employment opportunities or otherwise adversely affect the fire and rescue public safety employee’s status as an employee,” the bill text says. However, employers could continue to set zero-tolerance policies for on-duty impairment from cannabis. “Our brave fire and rescue personnel risk their lives daily to protect our communities,” Jackson told colleagues at a hearing last month. “It is imperative that we provide them with the access to the medical care they need, including physician-approved cannabis treatments without fear of employment repercussions.” “Firefighters endure extreme physical and psychological stress due to the nature of their work. Many suffer from chronic pain, post-traumatic stress disorder and other debilitating conditions resulting from the hazards they face in the line of duty,” he said. “Traditional treatment options such as opioids and other prescription medications can have dangerous side effects, including dependency, cognitive impairment and a reduced ability to function effectively.” “Medical cannabis has been recognized as a safer, viable alternative that would allow firefighters to manage their symptoms while maintaining their ability to perform at the highest level.” The bill’s advancement comes a year after officials in Maryland’s most populous county said they were moving to loosen marijuana policies for would-be police officers in an effort to boost recruitment amid a staffing shortage. — 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. — Meanwhile in Maryland, lawmakers are also advancing legislation to extend a psychedelics task force through the end of 2027 to develop updated recommendations on expanding therapeutic access to the novel drugs and potentially creating a regulatory framework for broader legalization. Legislators also took up a bill this month to protect the gun rights of medical marijuana patients in the state. Members of the House Judiciary Committee discussed the legislation from Del. Robin Grammer (R), who has sponsored multiple versions of the cannabis and gun rights measure over recent sessions, but they have not yet advanced to enactment. Separately, a Republican congressional lawmaker representing Maryland who has built a reputation as one of the staunchest opponents of marijuana reform on Capitol Hill—and whose record includes ensuring that Washington, D.C. officials are blocked from legalizing recreational cannabis sales—may be at risk of being unseated in November due to redistricting in his state. Photo courtesy of Max Jackson. The post Maryland Senators Approve Bill To Let Firefighters And Rescue Workers Use Medical Marijuana While Off Duty appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  12. U.S. Supreme Court justices seemed skeptical of the federal government’s legal defense of a law banning people who use marijuana from owning or possessing guns on Monday—with some pointing to a pending rescheduling action as a factor undermining the idea that cannabis consumption makes a person uniquely dangerous to society in a way that justifies their disarmament. After years of legal challenges to the federal statute, Section 922(g)(3), in courtrooms across the country, the high court justices heard oral arguments in U.S. vs. Hemani and put questions to the Trump administration’s Justice Department and attorneys for Ali Danial Hemani, who challenged his conviction for unlawful possession of a gun as a person who regularly used cannabis. The federal government has consistently maintained its position that the law appropriately disarms marijuana users who, they claim, are uniquely dangerous. To meet a strict Supreme Court standard for firearm laws, DOJ has also drawn sometimes eyebrow-raising comparisons between cannabis consumers and the mentally ill and habitual drunkards to establish a historical analogue that aligns with the country’s founding era. On the other side of the debate, civil rights groups—including the ACLU, whose attorneys are among those representing Hemani—and gun organizations such as the National Rifle Association (NRA) have argued that the current policy represents a misguided categorical infringement of Second Amendment rights for a population that uses a substance that’s been legalized in a majority of states and is possibly going to be reclassified under federal law as well. Precedent stipulates that “legislatures can regulate to keep guns out of the hands of dangerous people, but when I look at this statute—and when I look at what the qualifications are for being listed on one of these schedules—they’re all about public safety,” Justice Amy Coney Barrett, who was appointed by President Donald Trump, said. “Here with the marijuana, I just don’t see anything in the scheme that actually reflects Congress’s judgment that this makes someone more dangerous.” Another Trump appointee, Justice Neil Gorsuch, said the notion that there mere fact that a drug is illegal means its usage makes a person inherently dangerous raises complicated questions about how that standard is applied according to the Controlled Substances Act (CSA). “Is it just Schedule I? Is it Schedule II? How far down does that go?” he asked. And if it’s the case that the government is narrowly interested in preventing people from owning guns if they use Schedule I and Schedule II drugs but not less restricted substances, “what do we do with this case given that, yes, [marijuana is] presently a Schedule I drug, but the government itself is considering rescheduling it to Schedule III.” “The drug that is involved in this case might wind up being a Schedule III drug tomorrow,” Gorsuch said. “It’s just an odd case to have chosen to test to test the principle when the government itself is potentially rescheduling it as a drug that it wouldn’t think would qualify” for categorical disarmament. Sarah Harris, the principal deputy solicitor general for the Trump administration’s DOJ who previously served as acting U.S. solicitor general, said responded by first pointing out that, “at the time when the offense was committed, marijuana is in—was a Schedule I drug.” And secondly, “the government has not made final decisions with respect to what to do with marijuana.” “But I think something that is clear for the from the [notice of proposed rulemaking]…is that even Schedule III drugs, which include things like ketamine, the difference is they have some medically accepted uses, not that they’re not dangerous,” she said. “I think the government has to make a decision with respect to their risk potential of marijuana and other externalities.” Listen to the Supreme Court oral arguments in U.S. vs. Hemani: Erin Murphy, partner at the firm Clement & Murphy, PLLC, represented Hemani in the hearing, pointing out to justices that “we’re not arguing that the Second Amendment doesn’t allow for categorical prohibitions—that is not our position—and we’re not even arguing that Congress couldn’t, perhaps, have categorical restrictions as to particular substances.” “Our core point is, if Congress wants to do that, then the government needs to prove with its burden of proof under [past Supreme Court precedent] not just that this was a reasonable determination supported by substantial evidence that gets past [Administrative Procedures Act] review with highly discretionary, we’ll-assume-the-government-knows-what-it’s-talking-about, that it has, in fact, identified the category in a way that maps on to the historical tradition” of U.S. gun laws, she said. “Must there be an individualized determination as to anybody who is prosecuted under any of the subsections of 922(g)?” Gorsuch asked. “No,” Murphy said. The court spent much of its time with Murphy discussing the qualitative differences between what constitutes addiction and how that relates to historical analogues in U.S. gun laws concerning “habitual drunkards.” Justice Elena Kagan, one of the liberal-leaning justices on the bench appointed by former President Barack Obama, posed a hypothetical to the respondent’s lawyer: How should the government navigate the law in a situation where a person infrequently used the psychedelic ayahuasca? “If the drug is ayahuasca, and it’s a very, very, very intense hallucinogen—and the the episode lasts a very long time, but it’s not, let’s say, an addictive drug [and] you can choose when to take it, but when you’re in its grip, reality dissolves—I’m assuming that Congress has a good reason for saying, when reality dissolves, you don’t want guns around,” Kagan said. “But that to me, when you give the description of the historical analog, to me that’s going to fail your test. Should it fail your test?” Murphy replied that “I think that it would be a little bit difficult to show that really using that drug every few weeks is going to be enough to render you akin to the concept that the historical drunkard laws were getting at, which is that your consumption rendered you [dangerous].” “We’re not saying that you had to be intoxicated all the time, but your consumption impaired your ability to function, even your moments of sobriety. That’s what the courts are talking about,” she said. “They’re asking whether it doesn’t have to be addiction. It can be addiction, certainly, but it could also be you’re consuming so frequently that that’s really all you do.” Gorsuch noted that “this statute does cross-reference the Controlled Substances Act, which then does define addict as a habitual user so as to endanger the public morals. Just leave it at that. And my question is, is that definition of addict good enough, in your view, to satisfy the tradition of prohibiting gun ownership possession by addicts, and if not, what is the delta?” Murphy replied that “these cases arise because marijuana, [and] it would be difficult for the government to make that showing when it is the considered judgment of 40 states, the District of Columbia, three territories and the president” that cannabis use doesn’t intrinsically make a person a danger to society. “Where the analogy falls apart vis a vis marijuana is the government saying it doesn’t matter if it’s somebody who’s taken the sleep gummy, smoking one joint a couple nights a week when they come home after a long day at work or if it’s the person who’s smoking all day before they drive their car and operate heavy machinery at work or whatever it may be,” she said. “They say none of that matters—and we think it does.” It’s unclear when justices will issue their ruling in the case. The lines of questioning and commentary from justices demonstrated a degree of skepticism regarding the government’s defense of current statute, and gun groups following Monday’s hearing seemed to generally interpret the case as moving in the respondent’s favor, but it’s not clear how sweeping of a ruling the court will issue, if it does in fact rule for Hemani. As the scheduling discussion suggested, however, the possibility of federal marijuana rescheduling could play into the case and how justices approach their ruling. And it remains to be seen whether that rescheduling process will be completed by the time the Supreme Court issues its opinion. Brandon Buskey, director of ACLU’s Criminal Law Reform Project, separately previewed his organization’s case against Section 922(g)(3) as applied to their client in an interview with Marijuana Moment last week. Numerous amici briefs were filed with the court ahead of the much-anticipated hearing, with several pointing out that the validity of the current federal policy is made all the more confounding by the fact that President Donald Trump in December directed the expeditious finalization of a rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). In the background, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has moved to loosen rules that bar people who consume marijuana and other illegal drugs from being able to lawfully purchase and possess guns by making it so fewer people would be affected. The interim final rule from ATF seeks to update the definition of “unlawful user of or addicted to any controlled substance” under an existing policy that has been interpreted to deny Second Amendment rights to people who have used illegal substances a single time within the past year. Meanwhile, in December, attorneys general for 19 states and Washington, D.C. filed their own brief siding with the federal government in the Hemani case, insisting that justices should maintain the current § 922(g)(3) statute. The governor of Colorado, whose attorney general was among that group, subsequently said he didn’t think his state should have taken that position. Also in December, Smart Approaches to Marijuana (SAM) and 21 other prohibitionist groups filed a brief urging justices to uphold the constitutionality of the federal gun ban for people who use cannabis—which they claim is associated with violence and psychosis. Trump administration Solicitor General D. John Sauer, for his part, told the Supreme Court that people who use illegal drugs “pose a greater danger” than those who drink alcohol. Meanwhile, the Biden administration was evidently concerned about potential legal liability in federal cases for people convicted of violating gun laws simply by being a cannabis consumer who possessed a firearm, documents recently obtained by Marijuana Moment show. The previously unpublished 2024 guidance from former President Joe Biden’s Justice Department generally cautioned U.S. attorneys to use discretion in prosecuting federal cannabis cases, particularly for offenses that qualified people for pardons during his term. But one section seems especially relevant as the Supreme Court takes on a case challenging the constitutionality of the current federal gun statute. With respect to Hemani, in a separate August filing for the case, the Justice Department also emphasized that “the question presented is the subject of a multi-sided and growing circuit conflict.” In seeking the court’s grant of cert, the solicitor general also noted that the defendant is a joint American and Pakistani citizen with alleged ties to Iranian entities hostile to the U.S., putting him the FBI’s radar. If justices declare 922(g)(3) constitutional, such a ruling could could mean government wins in the remaining cases. The high court recently denied a petition for cert in U.S. v. Cooper, while leaving pending decisions on U.S. v. Daniels and U.S. v. Sam. In interviews with Marijuana Moment, several Republican senators shared their views on the federal ban on gun possession by people who use marijuana—with one saying that if alcohol drinkers can lawfully buy and use firearms, the same standard should apply to cannabis consumers. Separately, the U.S. Court of Appeals for the Tenth Circuit last year sided with a federal district court that dismissed an indictment against Jared Michael Harrison, who was charged in Oklahoma in 2022 after police discovered cannabis and a handgun in his vehicle during a traffic stop. The case has now been remanded to that lower court, which determined that the current statute banning “unlawful” users of marijuana from possessing firearms violates the Second Amendment of the Constitution. The lower court largely based his initial decision on an interpretation of a Supreme Court ruling in which the justices generally created a higher standard for policies that seek to impose restrictions on gun rights. In the U.S. Court of Appeals for the Eleventh District, judges recently ruled in favor of medical cannabis patients who want to exercise their Second Amendment rights to possess firearms. As a recent report from the Congressional Research Service (CRS) explained the current legal landscape, a growing number of federal courts are now “finding constitutional problems in the application of at least some parts” of the firearms prohibition. In another ruling, a three-judge panel for the U.S. Court of Appeals for the Eighth Circuit vacated a defendant’s conviction and remanded the case back to a district court, noting that a retrial before a jury may be necessary to determine whether cannabis in fact caused the defendant to be dangerous or pose a credible threat to others. The Third Circuit separately said in a published opinion that district courts must make “individualized judgments” to determine whether 922(g)(3) is constitutional as applied to particular defendants. A federal court in October agreed to delay proceedings in a years-long Florida-based case challenging the constitutionality of the ban on gun ownership by people who use medical marijuana, with the Justice Department arguing that the Supreme Court’s recent decision to take up Hemani warrants a stay in the lower court. — 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. — Last year, a federal judge in Rhode Island ruled that the ban was unconstitutional as applied to two defendants, writing that the government failed to establish that the “sweeping” prohibition against gun ownership by marijuana users was grounded in historical precedent. A federal judge in El Paso separately ruled in 2024 that the government’s ongoing ban on gun ownership by habitual marijuana users is unconstitutional in the case of a defendant who earlier pleaded guilty to the criminal charge. The court allowed the man to withdraw the plea and ordered that the indictment against him be dismissed. DOJ has claimed in multiple federal cases over the past several years that the statute banning cannabis consumers from owning or possessing guns is constitutional because it’s consistent with the nation’s history of disarming “dangerous” individuals. In 2023, for example, the Justice Department told the U.S. Court of Appeals for the Third Circuit that historical precedent “comfortably” supports the restriction. Cannabis consumers with guns pose a unique danger to society, the Biden administration claimed, in part because they’re “unlikely” to store their weapon properly. The post Supreme Court Justices Suggest Trump’s Marijuana Rescheduling Move Undermines Gun Ban For Users That His DOJ Is Defending appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
  13. Hemp and alcohol industry stakeholders are on full alert amid a pending ban on hemp THC products—including increasingly popular cannabinoid beverages—and a former Democratic congressman who owns a major alcohol company is looking for solutions. At Wine & Spirits Wholesalers of America’s (WSWA) recent Access LIVE 2026 event in Las Vegas, which brought together top players in the cannabis and alcohol markets, former Rep. David Trone (D-MD) and stakeholders discussed the policy landscape around hemp and how to avert an industry-wide upheaval under spending legislation President Donald Trump signed into law last year. While the 2018 Farm Bill that Trump enacted during his first term federally legalized hemp and its derivatives, allowing states to set “their own myriad of laws” that lawmakers sifted through “to make sure we got it right,” that policy is set to be unravelled come November, when separate legislation will enter into force prohibiting most hemp THC products. “This is now an adult beverage category, whether it’s a beer tonight or a glass of wine or an adult hemp beverage,” Trone, who owns Total Wine & More, said. The former congressman said that if federal law moves away from regulation to recriminalization, “there’ll be an underground economy” for hemp. Rather than take that risk, he said there should be Food and Drug Administration- (FDA) approved “three-tier” solutions. “Putting hemp beverages in the three-tier system [is] the common sense—the right way,” Trone said, stressing that FDA should be involved “to make sure what’s in that can or bottle is exactly what it says on the outside.” Charlie Merinoff, founder of Breakthru Beverage Group, said at the event that “the clock is ticking.” “We’ve got to get it done by the summer recess or it’s not getting done,” he said. “You cannot put the genie back into the bottle. This is out there. The consumer wants it. What we need is regulation, not prohibition.” WSWA, which hosted the event, has been closely monitoring federal hemp policy developments, and the association was among the first in the sector to call on Congress to dial back language in the now-enacted law set to ban most consumable hemp products, while proposing to maintain the legalization of naturally derived cannabinoids from the crop and only prohibit synthetic items. Other major alcohol retailers came together in January to encourage Congress to delay the enactment of the law Trump signed that will federally recriminalize hemp-derived THC beverages and other products. The coalition says it wants to apply the same regulatory structure that governs beverage alcohol producers, distributors and merchants to hemp drinks “to ensure safe, transparent access.” A GOP lawmaker, Rep. Jim Baird (R-IN), attempted to put a one-year delay on the implementation of the hemp recriminalization policy through an amendment to the 2026 Farm Bill that’s scheduled for a committee markup on Tuesday. But the chairman of that panel said he believes the amendment is not germane to the underlying legislation, so a vote is unlikely. — 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. — Delaying the THC ban by a year would serve as a temporary bridge for the industry as it works to convince Congress to regulate—rather than recriminalize—hemp products, and it’s a shorter delay than Baird is working to secure through separate standalone legislation he filed this session that would put a pause on the policy change for two years to give stakeholders more time to navigate the issue. Since 2018, cannabis products have been considered legal hemp if they contain less than 0.3 percent delta-9 THC on a dry weight basis. The provisions set to take effect later this year specify that, within one year of enactment, the weight will apply to total THC—including delta-8 and other isomers. It will also include “any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services).” The new definition of legal hemp will additionally ban “any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use” as well as products containing cannabinoids that are synthesized or manufactured outside of the cannabis plant or not capable of being naturally produced by it. Legal hemp products will be limited to a total of 0.4 milligrams per container of total THC or any other cannabinoids with similar effects. Within 90 days of the bill’s enactment, the Food and Drug Administration (FDA) and other agencies were supposed to publish list of “all cannabinoids known to FDA to be capable of being naturally produced by a Cannabis sativa L. plant, as reflected in peer reviewed literature,” “all tetrahydrocannabinol class cannabinoids known to the agency to be naturally occurring in the plant” and “all other known cannabinoids with similar effects to, or marketed to have similar effects to, tetrahyrocannabinol class cannabinoids.” However, FDA appears to have missed that deadline. A spokesperson told Marijuana Moment last month that the lists would be posted in the Federal Register when they’re available. Lawmakers from across the aisle have been raising concerns about the potential consequences of the hemp redefinition, which would eradicate most consumable cannabinoid products that have become commonplace in states across the U.S., including those where marijuana hasn’t been legalized. Rep. James Comer (R-KY) and Kentucky Agriculture Commissioner Jonathan Shell are among the critics of the ban, and they sent a letter to Sen. Mitch McConnell (R-KY) last month imploring him to use his influence to avert the recriminalization, at least on a temporary basis, by supporting the proposed implementation delay. While McConnell championed hemp legalization under the 2018 Farm Bill, however, the former Senate majority leader has supported unraveling the hemp THC market that he’s described as an unintended consequences of the broader agriculture legislation. The post Former Congressman And Alcohol Stakeholders Push For Hemp THC Regulations Over Prohibition As Federal Ban Looms appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  17. RFK talks psychedelics; VA marijuana sales votes; LA legalization pilot program; PA cannabis poll; MD psychedelics 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… Free to read (but not free to produce)! We’re proud of our newsletter and the reporting we publish at Marijuana Moment, and we’re happy to provide it for free. But it takes a lot of work and resources to make this happen. If you value Marijuana Moment, invest in our success on Patreon so we can expand our coverage and more readers can benefit: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Health and Human Services Secretary Robert F. Kennedy Jr. told Joe Rogan that the Trump administration is “very anxious” to adopt a rule allowing people to access psychedelics for therapeutic use. “We should get it out to the public as quickly as possible… I think that we’re going to get it done.” Virginia Senate and House of Delegates committees amended and approved bills to legalize recreational marijuana sales—setting the stage for bicameral negotiations. Lawmakers in several states advanced bills to allow patients to use medical cannabis in hospitals, nursing homes, hospices and other healthcare facilities last week—but one such proposal hit a legislative roadblock in Mississippi. A Louisiana representative introduced a bill to create a recreational marijuana legalization pilot program that would allow existing medical cannabis dispensaries to serve adult-use customers for three years. A new poll of Pennsylvania voters shows that 56 percent support legalizing marijuana—with a majority of Democrats and independents on board but most Republicans opposed. The Maryland Senate passed a bill to extend the Task Force on Responsible Use of Natural Psychedelic Substances for a year and require a new report with recommendations to ensure “broad, equitable and affordable access to psychedelic substances.” Nebraska Attorney General Mike Hilgers (R) claimed a campaign to legalize medical cannabis was “built on fraud and malfeasance” after one of its volunteer notaries was convicted on official misconduct charges. An Indiana senator’s push to ban intoxicating and synthetic hemp-derived products failed, until at least next year. / FEDERAL The Drug Enforcement Administration is promoting its fact sheets on marijuana and other drugs. Sen. Ron Wyden (D-OR) is pushing the Drug Enforcement Administration to provide details on an investigation into possible drug trafficking and suspicious financial transactions involving Jeffrey Epstein and alleged co-conspirators. / STATES Indiana’s attorney general is calling on lawmakers to pass legislation to restrict hemp THC products. Oklahoma’s attorney general praised the Senate for passing a bill his office says “classifies THC as a Schedule I controlled dangerous substance, aligning state law with federal law.” Massachusetts’s House speaker discussed allegations of misconduct by petitioners for a ballot initiative to roll back the state’s marijuana legalization law. Minnesota lawmakers are considering cannabis testing legislation. A Wisconsin judge complained about the smell of marijuana in a courthouse. New York regulators issued a recall of marijuana products for which results for aspergillus or cadmium were reported incorrectly and did not meet required safety standards. California regulators announced a recall of marijuana products due to the presence of aspergillus. Colorado regulators issued a health and safety advisory about marijuana products with yeast, mold, aspergillus and cadmium above acceptable limits. New Mexico regulators announced a recall of cannabis products that exceed THC limits. Nebraska regulators held a hearing on proposed emergency medical cannabis rules. Michigan regulators published marijuana revenue distribution info. Washington State regulators will consider cannabis advertising and tax issues on Wednesday. — 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 Anne Arundel County, Maryland officials are providing safe-storage bags for marijuana in vending machines. / INTERNATIONAL A former Greek finance minister was charged with promoting drug use after he discussed using MDMA in 1989. / SCIENCE & HEALTH A study found that “CBC + CBD co-therapy demonstrates synergistic efficacy against resistant [triple-negative breast cancer] by inhibiting oncogenic pathways and enhancing systemic exposure.” A study found that “while efficacy evidence remains limited, cancer patients in this cohort who used cannabis reported tangible benefits in symptom management.” / ADVOCACY, OPINION & ANALYSIS The chair of the Missouri Republican Party discussed ibogaine. / BUSINESS Curaleaf Holdings, Inc. reported quarterly net revenue of $333.1 million and a net loss from continuing operations of $49.3 million. AtaiBeckley Inc. announced positive results in a Phase 2a study of its oral R‑MDMA preparation in people with social anxiety disorder. / CULTURE A Romanian appeals court rejected Wiz Khalifa’s appeal of a prison sentence he received for cannabis. 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 Bills on cannabis use in hospitals advance in several states (Newsletter: March 2, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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Lancaster County District Judge Susan Strong, a few weeks after the 2024 election, issued a 57-page order siding with the campaign in a separate case, saying the measures had been properly placed on the ballot. Crista Eggers, executive director of Nebraskans for Medical Marijuana, told reporters on Thursday that Strong’s ruling came after a four-day trial with many witnesses and experts. “We stand, I stand, my organization stands and I believe the voters stand behind that these were absolutely legally on the ballot,” Eggers said. “Voters went forward and voted, and it is time to start moving forward and doing something with this issue, rather than trying to stand in the way at every single opportunity.” In November 2024, Nebraskans overwhelmingly voted to legalize and regulate medical cannabis. The laws took effect December 12, 2024. 86,499 valid signatures needed The campaign needed at least 86,499 valid signatures on each of its separate measures. Nebraska Secretary of State Bob Evnen certified 89,962 valid signatures for the one legalizing medical cannabis, and 89,856 for the one regulating it. The case did not address county-specific signature requirements. Strong upheld the presumptive validity of the more than 4,000 signatures Todd notarized across the two measures but said the more than 1,000 validated signatures Egbert had collected—all but a dozen or so notarized by Todd—had lost the presumption of validity. Egbert admitted to forging signatures using a phone book and pleaded guilty in November 2024 to a Class I misdemeanor of an “attempt” to falsify his circulator’s oath on the petitions. Former State Sen. John Kuehn of Heartwell, a longtime marijuana opponent who brought the Lancaster County civil case, has appealed Strong’s decision to the Nebraska Supreme Court. Evnen and Nebraska Attorney General Mike Hilgers (R), who advanced similar arguments as Kuehn against the campaign, also appealed. The case went before the Supreme Court on December 3. A decision has not yet been issued. Hilgers, whose office coordinated with Hall County Attorney Marty Klein on Todd’s criminal case, said Todd’s case offered evidence of a “systematic scheme in which the law was routinely violated.” “As we have said all along, the medical marijuana petition campaign was built on fraud and malfeasance and ultimately should never have been on the ballot in the first place,” Hilgers said Wednesday. The campaign has denied allegations of widespread wrongdoing but acknowledged that some mistakes occurred. Strong addressed some of those mistakes in her ruling. Supreme Court appeal Shortly after Todd’s conviction Wednesday, Kuehn’s attorneys filed a motion with the Supreme Court requesting that the justices take notice of Todd’s conviction and other trial materials. In the filing, attorneys said the conviction is in “direct contrast” to Strong’s ruling regarding Todd. Todd, in the Lancaster County case and again this week, denied wrongdoing. Egbert also testified in both trials, where he said he has a neurological condition that affects his memory. Egbert said he never signed his petitions in front of Todd, which is an improper notarization. At the time of the civil trial, Strong said “Egbert’s credibility problems are more serious” than Todd and that Kuehn and Evnen had not shown “by a preponderance of evidence” that any other petitions that Todd notarized should lose a “presumption of validity.” The “presumption of validity” means signatures verified by local county officials and assumed to have been legitimately collected because of a notarized circulator’s affidavit. If a signature loses its presumption of validity, the campaign could have a chance to rehabilitate the signature in a second phase of trial. Invalidating either petition would require nearly 3,500 signatures to lose the presumption of validity. Even if all of Todd’s notarized signatures lost the presumption of validity, the campaign would still have met its threshold for the ballot. This week, a central Nebraska jury sided with the version of events described by Egbert and state and local prosecutors. Todd’s attorney said Todd would appeal after his 9 a.m. April 22 sentencing hearing. Eggers did not say whether she was concerned Todd’s conviction might impact the appeal but said the campaign is looking forward to the Supreme Court’s decision. “I believe that the Supreme Court is a body that is going to rule fairly on this issue,” Eggers said. “They are going to take into consideration the things that they need to, and the appeal that was presented to them, but I believe they’re still well within their time of getting a decision.” This story was first published by Nebraska Examiner. Photo courtesy of Chris Wallis // Side Pocket Images. The post Nebraska Medical Marijuana Advocates Press Ahead After Campaign Notary Convicted For Misconduct appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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  25. The sponsor of the THC product ban complained that lawmakers would end the session “having done nothing” on hemp. By Leslie Bonilla Muniz, Indiana Capital Chronicle Indiana’s prohibition on intoxicating and synthetic hemp-derived drugs was dead for less than a week before it was resurrected and killed again—this time, until at least next year. Indiana will go another year without a 21-plus age limit on intoxicating hemp products, bill author Sen. Aaron Freeman, R-Indianapolis, bemoaned Friday. Lawmakers have repeatedly tried to regulate potent delta-8, TCHA and other cannabinoid products, which have existed in a legal gray area for eight years. THC is the active ingredient in marijuana, which remains banned at the federal level and in the Hoosier State. Efforts in Indiana have consistently failed amid a House-Senate stalemate on how expansive or limiting the state’s approach should be. Freeman’s Senate Bill 250 struck a stricter tone, mirroring Congress’s recent closure of a so-called loophole in the 2018 Farm Bill. That law defined legal hemp as any part of the plant containing less than 0.3 percent delta-9 THC by dry weight, sparking a booming industry for other intoxicating cannabinoids. A stopgap federal funding law enacted in November specifies that all forms of THC count. It also caps THC products to just 0.4 milligrams per container, and outright bans lab-made ones. It goes into effect this coming November. Freeman said lawmakers would end the legislative session “having done nothing” on hemp—leaving state statute out of line with federal. The Supremacy Clause in the U.S. Constitution declares that federal law wins out over conflicting state code, but Freeman was still concerned. “Currently, right, marijuana is illegal, [but] tell that to however many states it’s legalized in. Don’t tell that to California; they don’t care,” he said. “So they’re saying we’re not following federal law. Now, I think that is a really dangerous precedent… And by the way, Indiana is going to be in that category come November, which is all all shades of scary to me.” The Indiana bill additionally laid out a regulatory scheme for any low-potency, field-grown products on the market—notably, with the long-sought age requirement. Industry representatives previously testified customers would not want THC products that don’t produce a high. The legislation wouldn’t have affected CBD, which is not intoxicating. It cleared the committee stage and then passed the Senate in a 35-15 vote. The bill made it to the House floor but wasn’t called for second reading before a key Monday deadline. “Another example of why we should be a unicameral Legislature,” he told the Capital Chronicle then. Lawmakers from all four caucuses met in conference committee Thursday to unveil their plans for stripping Senate Bill 144 of its provisions and inserting the Senate-passed version of Freeman’s bill. But it wasn’t in the conference committee report released Friday afternoon. Rep. Elizabeth Rowray, R-Yorktown, said it was the third iteration of the CCR and acknowledged the hemp drug ban was “added in” and “subsequently taken back out.” Indiana is among just 10 states that don’t allow either medicinal and recreational sales. The state has stubbornly resisted efforts—even from Republicans—to legalize marijuana. President Donald Trump signed an executive order in December to speed up reclassification of marijuana as a less-dangerous drug, but that hasn’t yet been completed. This story was first published by Indiana Capital Chronicle. The post Indiana Won’t Ban Hemp THC Products This Year After Last-Minute Legislative Push Fails appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net
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