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Maine officials have cleared prohibitionist activists to begin collecting signatures for a proposed ballot initiative that would roll back the state’s voter-approved marijuana legalization law. The measure, if approved, would also revise the regulatory structure of the medical cannabis program by imposing product testing requirements. The proposal—titled “An Act to Amend the Cannabis Legalization Act and the Maine Medical Use of Cannabis Act”—is a revised version of a marijuana initiative filed in September that was backed by a Republican state senator and a former top staffer to then-Gov. Paul LePage (R), a staunch prohibitionist. The latest proposal, petitions for which were approved by the secretary of state’s office on Monday, would remove and amend multiple sections of current state statute—aimed at effectively repealing the legalization of recreational marijuana sales that voters approved in 2016. Possession of up to 2.5 ounces of cannabis by adults 21 and older would remain legal under the proposal, but a section of the law permitting home cultivation would be repealed. Medical marijuana sales and home cultivation would remain legal. Madison Carey, who was listed as the chief petitioner of the original version of the repeal initiative and remains involved in the current campaign, told Marijuana Moment on Tuesday that “there needs to be regulations on marijuana,” arguing that her experience recovering from an opioid misuse disorder speaks to the insufficiency of current law. “My hope is to just bring awareness to the reality of the potential dangers of not having regulations,” she said. “I think people are fed up with the constant use—the constant [retail businesses] coming up where people can now legally purchase marijuana.” Of course, repealing the voter-approved law that enacted a system of licensed adult-use sales would eliminate the current regulatory infrastructure that’s in place, which reform advocates argue helps mitigate the public health and safety risks associated with the illicit market. Rep. David Boyer (R), who led the fight to pass the cannabis legalization initiative on Maine’s ballot in 2016 when he was a staffer for the Marijuana Policy Project, said voters should refuse to sign petitions for the new initiative. “Don’t sign away Maine’s progress—decline to sign this misguided repeal initiative,” he told Marijuana Moment on Tuesday. “Repealing cannabis legalization would shutter an industry bigger than lobsters, potatoes and blueberries put together, costing jobs, revenue and economic growth for our state.” Under the new measure, the director of the Office of Cannabis Policy would face a mandate to “promote the health and well-being of the people of the state and advance policies that protect public health and safety, emphasizing the health and well-being of minors, as priority considerations in performing all duties.” They would also have to “ensure that qualifying patients maintain access to high-quality, effective and affordable cannabis for medical use under this Act.” Under the proposal, the Department of Administrative and Financial Services would be required to create a testing program for cannabis products, requiring dispensaries and caregivers to submit such products to a licensed facility for a safety assessment before they’re distributed to qualified patients. The testing facility would need to “ensure that the cannabis or cannabis product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling.” “The department shall adopt rules establishing a testing program pursuant to this section, rules identifying the types of contaminants that are injurious to health for which cannabis and cannabis products must be tested under this chapter and rules regarding the maximum level of allowable contamination for each contaminant,” the ballot initiative text states. Further, regulators would need to administer a system for tracking cannabis plants from seedings to the point of retail sale or disposal. That system would have to “allow for cannabis plants at the stage of cultivation and upon transfer from the stage of cultivation to another registrant to be tracked by group.” Activists must submit at least 67,682 valid voter signatures by February 2, 2026 in order to qualify for next year’s ballot. If approved by voters, the initiative would take effect beginning on January 1, 2028. — 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. — Maine legislators in June rejected a bill to legalize possession of up to one ounce of psilocybin by adults 21 and older. That followed a separate effort in the state last year to legalize psilocybin and allow adults to access the psychedelic at state-licensed facilities. But lawmakers watered down that bill—amending it to create a commission to further explore the reform instead—and it ultimately did not pass. Meanwhile, Maine lawmakers in February voted to investigate possible conflicts of interest by a top marijuana official. And last year, a law took effect allowing people to apply to have records of now-legal marijuana crimes sealed. The post Maine Officials Approve 2026 Ballot Initiative To Largely Repeal Marijuana Legalization Law For Signature Collection appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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The Ohio Senate has voted to concur with a House-amended bill to scale back the state’s voter-approved marijuana law and ban the sale of hemp products that fall outside of a recently revised federal definition for the crop unless they’re sold at licensed cannabis dispensaries. The measure from Sen. Stephen Huffman (R) was substantively revised in the House last month, but the originating chamber voted 22-7 on Tuesday to accept those changes and send the legislation to Gov. Mike DeWine’s (R) desk. The legislation now pending the governor’s signature would recriminalize certain marijuana activity that was legalized under a ballot initiative that passed in 2023 as well as remove anti-discrimination protections for cannabis consumers that were enacted under that law. After the House revised the initial Senate-passed legislation, removing certain controversial provisions, the Senate quickly rejected those changes in October. That led to the appointment of a bicameral conference committee to resolve outstanding differences between the chambers. That panel then approved a negotiated form of the bill, which passed the House last month and has now cleared the Senate. To advocates’ disappointment, the final version of the measure now heading to the governor’s desk would eliminate language in current statute providing anti-discrimination protections for people who lawfully use cannabis. That includes protections meant to prevent adverse actions in the context of child custody rights, the ability to qualify for organ transplants and professional licensing. It would also recriminalize possessing marijuana from any source that isn’t a state-licensed dispensary in Ohio or from a legal homegrow. As such, people could be charged with a crime for carrying cannabis they bought at a legal retailer in neighboring Michigan. Additionally, it would ban smoking cannabis at outdoor public locations such as bar patios—and it would allow landlords to prohibit vaping marijuana at rented homes. Violating that latter policy, even if it involves vaping in a person’s own backyard at a rental home, would constitute a misdemeanor offense. The legislation would also replace what had been a proposed regulatory framework for intoxicating hemp that the House had approved with a broad prohibition on sales outside marijuana dispensaries following a recent federal move to recriminalize such products. “In short, this bill leaves the crux of Issue 2 and marijuana access intact, while providing for several important public safety concerns and also regulations that protect Ohio children,” Huffman argued on the Senate floor ahead of Tuesday’s vote. Sen. Bill DeMora (D), however, said the legislation undermines the will of voters. “I want to take a step back to November 7 of 2023, when 2,226,399 Ohioans voted yes on a measure titled, ‘the regulate marijuana like alcohol initiative.'” “That’s 57.4 percent of all Ohioans coming to say loud and clear that they know that marijuana is no more dangerous than alcohol, that the thousands of Ohioans that were arrested for smoking a joint should never been arrested, that they want to grow weed at their residence, that they wanted three levels of cultivator dispensary licenses, and they wanted money going to local communities,” he said. “In those two years this body has done everything in its power to give Ohio voters the finger.” “It’s a spit in the face to the voters,” DeMora said. Last month, Huffman defended the upheaval of the state’s marijuana law, saying voters approved an initiative that amended the state’s revised code, not its Constitution, so they “knew that the General Assembly could come at any time” and “pass a bill to get rid of the entire thing.” “But we’re not,” he said. “I think overall, for the average person that does recreational or medical marijuana, this bill will make it better… It’s going to be reasonable for most Ohioans.” Under the bill, hemp items with more than 0.4 mg of total THC per container, or those containing synthetic cannabinoids, could no longer be sold outside of a licensed marijuana dispensary setting. That would align with a newly enacted federal hemp law included in an appropriations package signed by President Donald Trump last month. The federal law imposing a ban on most consumable hemp products has a one-year implementation window, however, and it appears the Ohio legislation would take effect sooner. For cannabinoid beverages specifically, however, a temporary regulatory program for those products would stay in place in Ohio until December 31, 2026. The bill also includes language stipulating that, if the federal government moves to legalize hemp with higher THC content, it’s the intent of the Ohio legislature to review that policy change and consider potential state-level reforms to regulate such products. “This bill has undergone a robust, thorough and collaborative legislative process, and I believe we have landed on a good faith compromise between interested parties while reinforcing guardrails for the protection of Ohio’s children,” House Speaker Matt Huffman (R) said last month, adding that he commends Finance Committee Chairman Brian Stewart (R) and other key proponents “for their committed work on this.” In its final form, SB 56 would also allow distribution of a portion of marijuana tax revenue to localities where cannabis businesses operate. The latest action comes months after the governor issued emergency rules prohibiting the sale of intoxicating hemp products for 90 days, with instructions to the legislature to consider permanent regulations. A county judge has enjoined the state from enforcing that policy in response to a legal challenge. — 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 September, the Ohio Department of Cannabis Control (DCC) filed proposed rules to build upon the state’s marijuana legalization law, laying out plans to update regulations on labeling and packaging requirements. The proposal came weeks after Ohio medical and adult-use marijuana sales officially crossed $3 billion, data from the state Department of Commerce (DOC) shows. The state sold about $703 million in recreational cannabis in the law’s first year of implementation, according to DCC data. In March, a survey of 38 municipalities by the Ohio State University’s (OSU) Moritz College of Law found that local leaders were “unequivocally opposed” to earlier proposals that would have stripped the planned funding. Meanwhile in Ohio, adults as of June are able to buy more than double the amount of marijuana than they were under previous limits, with state officials determining that the market can sustainably supply both medical cannabis patients and adult consumers. The governor in March separately announced his desire to reallocate marijuana tax revenue to support police training, local jails and behavioral health services. He said funding police training was a top priority, even if that wasn’t included in what voters passed in 2023. Ohio’s Senate president has also pushed back against criticism of the Senate bill, claiming the legislation does not disrespect the will of the electorate and would have little impact on products available in stores. Photo courtesy of Mike Latimer. The post Ohio Lawmakers Pass Bill To Roll Back Voter-Approved Marijuana Law And Impose Hemp Restrictions, Sending It To Governor appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“We’re just switching how we’re criminalizing the same exact plant. And it’s going to hit the same communities that the criminalization of marijuana did.” By Max Nesterak, Minnesota Reformer When Minnesota lawmakers legalized recreational marijuana in 2023, Democrats hailed it as the state’s most sweeping shift in drug policy in half a century and long-overdue relief for tens of thousands whose records were marred by low-level marijuana offenses. What had been a felony—having two ounces of cannabis flower in a car, enough for about 100 joints—became legal overnight when the law took effect on August 1. But legalization hasn’t ended marijuana prosecutions. Minnesota prosecutors have brought more than 3,500 charges and won more than 1,200 misdemeanor convictions against people with cannabis in their cars since legalization, according to a Minnesota Reformer analysis. Additionally, prosecutors have filed nearly 500 charges against people for consuming cannabis in vehicles, either as passengers or drivers. That’s due to an important but unadvertised caveat: all cannabis products—including flower, vape pens, wax and edibles—must be in the trunk (or trunk area in the case of SUVs) unless they’re sealed in their original, labeled packaging from a dispensary. The police stops and prosecutions have defense lawyers concerned about the threat of racial profiling and warrantless vehicle searches. “Now there’s this whole entry point to all of these cars—officers are going to take it every time they get,” Amanda Brodhag, a Hennepin County public defender, said. Law enforcement leaders and prosecutors say there’s an obvious public safety rationale for the law: driving under the influence of cannabis or any intoxicating substance is dangerous and they shouldn’t be easily accessible to the driver. The packaging law has caught many consumers and even cannabis attorneys unawares. “I’m surprised,” said Elliot Ginsburg, an attorney who helps marijuana growers, manufacturers and retailers comply with the new regulatory regime. “I suspect a lot of people don’t know that.” The law prohibiting improperly packaged marijuana in vehicles isn’t mentioned on the state’s “need to know” page about adult-use cannabis, nor is it referenced anywhere in the chapter of laws governing recreational cannabis, including the lengthy section detailing limits on cannabis possession and the many things people may not do with it, like use it in a vehicle. The rules are found in the lengthy chapter of traffic laws, next to the nearly identical section on open alcohol containers. Violating the cannabis open package law is a misdemeanor, carrying a maximum penalty of $1,000 fine and 90 days in jail, although many people end up paying a few hundred dollars or less, according to the Reformer’s review of convictions. In dozens of convictions reviewed by the Reformer, some cases included evidence that the driver had recently consumed, like a burnt roach in the ashtray or a vape pen tucked under the driver’s leg. In those cases, there were often additional charges such as driving under the influence, speeding or driving without a license. In many other cases, however, the driver is not even suspected of being under the influence but simply had a jar of marijuana in the passenger area or in the center console. In those cases, drivers often freely showed officers their bag of weed, seemingly unaware they had done anything wrong. Brodhag, the Hennepin County public defender, said the people she’s represented charged with marijuana packaging violations have been surprised to learn they did anything wrong. She and other criminal defense attorneys have also seen officers use it to search vehicles without a warrant or the driver’s consent, which they say is a troubling trend. They worry police may use the ban on improperly packaged cannabis as part of a strategy that targets people of color and people in low-income neighborhoods in hopes of turning up illegal guns, drugs or other contraband. In 2023, the Minnesota Supreme Court ruled that the odor of marijuana alone did not give police officers enough probable cause to search a vehicle without a warrant or the owner’s consent. But if drivers admit to having marijuana in the passenger area or a police officer sees it, that could justify a warrantless search. There are apparent racial disparities in some counties, according to data obtained by the Reformer through a public records request. In the state’s most populous Hennepin County, for instance, around 42 percent of people charged with having open cannabis packages or using in their vehicles were Black despite making up roughly 13 percent of the population. In Ramsey and Dakota counties, roughly a third of people charged since legalization were Black. “We’re just switching how we’re criminalizing the same exact plant,” Brodhag said. “And it’s going to hit the same communities that the criminalization of marijuana did.” Brodhag serves on the state’s Cannabis Expungement Board, which was created by the Legislature to review more than 100,000 past marijuana-related cases. Sen. Lindsey Port, DFL-Minneapolis, a lead author of the bill said the aim is to “undo that harm” of cannabis prohibition. Brodhag finds it hard to reconcile her work on that board expunging low-level cannabis offenses with defending people who continue to be charged with the low-level cannabis offense of having an improperly sealed bag or vape pen in the car. “These cases are not going to be up for expungement in the same way, and these people are going to have convictions that could still impact their future,” Brodhag said. How often people are charged for improperly stored marijuana varies widely across the state. For instance, there were more charges brought in McLeod County, population 36,771, since legalization than Ramsey County, population 552,352—128 to 120. Since misdemeanor charges are usually brought by city attorneys, charging rates can differ greatly across city lines. Prosecutors in Edina, population 53,494, have brought 93 charges since legalization compared to 87 brought in Minneapolis, population 429,954. Ginsburg, the cannabis business attorney, says it doesn’t make sense to treat a resealed jar of marijuana in the glove compartment the same as an open beer can in the driver’s cupholder. “If you have a can of beer open, it’s in the process of being consumed. But a broken seal on a package means you maybe used some two weeks ago,” Ginsburg said. “I don’t see why that should be a crime.” A resealed jar of marijuana seems akin to a case of beer with a few cans missing, which is not a crime to have in the passenger area of a car in Minnesota. (At least, prosecutors and members of the Minnesota Supreme Court agreed it was not a crime in 2021 case.) Law enforcement leaders counter it’s also like having a half-full handle of vodka or bottle of wine, which is a crime. Another important distinction is that virtually all beer, wine and other spirits that people have in their cars came sealed from a store, whereas the vast majority of cannabis, at least for now, is either purchased on the black market or grown at home. Until recently there were only a handful of dispensaries in Minnesota where people could buy cannabis in the required “child-resistant, tamper-evident and opaque” packages. Ginsburg also pointed out that consumers could face misdemeanor charges if manufacturers don’t package their product according to strict state standards and they happen to have it in the passenger area of their cars. “The vast, vast, vast majority are doing their best to comply…but during this awkward transition period, there is confusion in the market,” Ginsburg said. McLeod County Attorney Ryan Hansch, whose office has brought 72 charges since legalization, said open cannabis package violations are hardly a priority for his office compared with more serious crimes. But when law enforcement brings him a case, his job is fairly straightforward. “If the evidence supports criminal charges—absent some other considerations—it is typically going to be charged,” Hansch said. Law enforcement officers have broad discretion over whether to refer charges, and Hansch said he’s confident officers are choosing to educate people about the law and let them go with a warning in a fair number of cases. Edina Police Sgt. Mike Sussman said he isn’t surprised by his city’s relatively high charging rate and doesn’t think it’s a particularly enlightening statistic. Edina has major highways crossing through their jurisdiction connecting Minneapolis to outer-ring suburbs. Plus, the Minneapolis Police Department is short hundreds of officers and likely busier answering 911 calls. (Minneapolis police are also barred from pulling people over for equipment violations like broken taillights and tinted windows following federal and state investigations that found they had a pattern of racial discrimination.) “We are heavily traffic-focused,” Sussman said. He said they’re not interested in “nitpicking” small amounts of cannabis, but they try to follow the letter of the law. “The citation is what changes the driving behavior,” Sussman said. “And consistency is usually the key when it comes to some of these enforcements because otherwise you could be accused of favoritism.” This story was first published by Minnesota Reformer. The post Minnesota Legalized Marijuana, But Thousands Of People Are Still Being Prosecuted For Carrying Cannabis In Their Cars appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Pennsylvania is losing out on critical revenue by not legalizing marijuana, a key Democratic lawmaker says, but it’s up to the GOP-controlled Senate to make the next move. And one top Republican senator says there are “some significant concerns” to address before that happens—including the current federal classification of cannabis that’s under review by the Trump administration. In interviews with PoliticsPA last week, the bicameral and bipartisan legislators were each asked about the prospects of adult-use legalization in the Commonwealth. Rep. Jordan Harris (D), who chairs the House Appropriations Committee, pointed out that his chamber has previously passed a version of the reform, consistent with what the governor has proposed as part of his recent budget requests. “For me, I think we should have done it a while ago. I think most Pennsylvanians agree—most Americans agree that we should legalize cannabis—and many of the states around us have already done so,” he said, adding that he has friends in neighboring New Jersey who are “very happy that Pennsylvania has not legalized adult-use cannabis because they get to literally reap the benefits.” “They get to reap the benefits of us not passing adult-use cannabis when so many people from the southeastern part of the state cross right over the border into New Jersey get legalized cannabis, and so we need to do it,” he said. “We’re literally leaving money on the table by not legalizing adult-use cannabis.” Harris said the House continues to support the reform, which is among “many of these things have been priorities for us for a while,” but in order to enact legalization, “we’re waiting the Senate to either move on our bill or send us their own bill or something around it. I think we definitely need to talk about revenue.” On the Senate side, Sen. Scott Martin (R), who chairs the chamber’s Appropriations Committee, gave a decidedly pessimistic overview of the cannabis issue, saying he “didn’t see [legalization legislation] going much of anywhere” this session because “there’s some significant concern over learning lessons of some other states.” “Like, how about you build a regulatory framework first and tout the protections? Like, how are you going to keep it out of the youth hands? How are you going to get the technology that when someone’s pulled over on the side of the road, that you can test for it right away? Or for insurance purposes—for businesses and others—how much does the THC period of time need to be out of your system before you drive that school bus full of little kids, or before you operate a forklift in a warehouse?” “Unfortunately, often in life, you see governments that want to jump in right away, fully into the pool, and then deal with the consequences after,” he said. “There’s Second Amendment considerations that come to this as well. There’s other things that people need. How about we sort this out?” “Does the federal government change the classification from being a Schedule I narcotic to one that’s Schedule II that can be researched?” Martin said. “There’s so many things in the pipeline now.” Despite those apparent outstanding concern—and despite the omission of legalization from a final budget deal the chambers agreed to last month—several House and Senate lawmakers separately told Marijuana Moment that they do see a path forward to end criminalization in the fast-approaching 2026 session. For example, House Health Committee Chairman Dan Frankel (D) said that it “would’ve been a welcome surprise to see recreational cannabis legalization pass as part of the budget, but we weren’t counting on it.” “So far, there’s no sign the Pennsylvania Senate has the votes to end prohibition—and there’s unfortunately no path forward without support from both GOP leadership and a majority of Senate members,” the chairman, who championed legalization legislation that passed the House earlier this year, said. Rep. Rick Krajewski (D), who joined Frankel in leading the push to advance cannabis reform, said that it’s while it’s “disappointing that the Senate was unable to come to an agreement on legalization for this budget, we continue to be eager to work on a bipartisan path to adult-use cannabis.” That could be achieved through the legislation he’s sponsored such as HB 1200, the House-passed bill that would have legalized marijuana for sale through state-run-stores, or an “alternative proposal sent forward by the Senate,” he told Marijuana Moment. Another lawmaker who’s helped lead the push for legalization in the Commonwealth, Rep. Emily Kinkead (D), told Marijuana Moment that she wasn’t especially surprised that legalization didn’t make it in the budget. That train seemed to leave the station months ago, she said, adding that those she’s worked with on the issue have been “pivoting to trying to target passage in 2026.” Sen. Sharif Street (D), who has also sponsored adult-use legalization legislation, emphasized public support for the reform. “I fully expect that cannabis legalization will be at the top of the discussion for next year,” he told Marijuana Moment.
”There’s an outcry from members. And there’s an outcry from the public to get it done.” The budget deal came weeks after Pennsylvania senators approved a bipartisan bill that would create a new regulatory body to oversee the state’s existing medical cannabis program and intoxicating hemp products, while preparing to eventually handle the adult-use cannabis market as well. — 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. — A top aide to Pennsylvania’s governor said in September that lawmakers should stop introducing new competing legalization bills and instead focus on building consensus on the issue—while emphasizing that any measure that advances needs to contain equity provisions if the governor is going to sign it into law. Sen. Dan Laughlin (R), for his part, said in August that the House “needs to pass the language in my bill and send it to my committee” after which point he “can negotiate with the Senate and the governor.” Laughlin separately said recently that supporters are “picking up votes” to enact the reform this session. Meanwhile, bipartisan Pennsylvania senators in October introduced a bill that would allow terminally ill patients to use of medical marijuana in hospitals. Separately, the leading Republican candidate in the race to become the next governor of Pennsylvania dodged a question about her stance on legalizing marijuana—saying she doesn’t have a “policy position” on the issue and arguing that the sitting governor’s proposal for reform “way, way overstated” potential revenue. The candidate, Pennsylvania Treasurer Stacy Garrity (R), pointed to neighboring Ohio, which launched its own adult-use cannabis market this year, saying “they generated about $115 million in revenue.” And while the populations of both states are relatively comparable, Shapiro’s budget projected $536.5 million in cannabis revenue in the first fiscal year of implementation. She did, however, say that if Pennsylvania moves forward on enacting the reform, she’ll “make sure that it’s banked appropriately.” Meanwhile, a Pennsylvania Democratic senator recently said that federal marijuana rescheduling would be “very influential” in advancing legalization in his state, giving “political cover” to GOP members on the fence about reform. Polls have shown bipartisan support for legalization among voters, but the reform has consistently stalled in the legislature, due largely to GOP opposition. But not all Republican members are against the policy change—and one recently said she felt her party should seize the “opportunity to snatch” the issue from Democrats. Photo courtesy of Chris Wallis // Side Pocket Images. The post Marijuana’s Federally Banned Status Is One Reason Pennsylvania Hasn’t Legalized It, Top GOP Senator Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Oregon-based marijuana companies are asking a federal court to uphold a lower judge’s ruling that struck down a voter-approved law to require licensed cannabis businesses to enter into labor peace agreements with workers and mandate that employers remain neutral in discussions around unionization. In a brief filed with the U.S. Court of Appeals for the Ninth Circuit on Wednesday, attorneys for two marijuana businesses—Bubble’s Hash and Ascend Dispensary—said the prior district court ruling was accurately decided, as the labor peace agreement requirement unconstitutionally infringed upon their freedom of speech. This comes about two months after the defendants—Oregon Gov. Tina Kotek (D), Attorney General Dan Rayfield (D) and Oregon Liquor and Cannabis Commission’s (OLCC) Dennis Doherty and Craig Prins—urged the appeals court to review the constitutional challenge to the state law following their lower court defeat. The plaintiffs initially filed a lawsuit in the district court challenging the implementation of Measure 119, and a federal judge sided with the plaintiffs, finding that the law unconstitutionally restricts free speech and violates the federal National Labor Relations Act (NLRA). “Although Defendants and Plaintiffs do not dispute that the NLRA applies to the cannabis industry, and do not dispute the Lower Court’s opinion regarding the same, Plaintiffs acknowledge this Court may extend discretion to review without any such party challenge,” the latest filing, first reported by Law360, states. Under the currently paused law, a marijuana businesses that was unable to provide proof of a labor peace agreement could have been subject a denial or revocation of their license. In an order in May, the district court judge walked through various components of the legal arguments from both sides and ultimately agreed that the Oregon law is preempted by the NLRA, which is meant to provide protections for workers who want to unionize—but specifically preserves the right for “uninhibited, robust, and wide-open debate in labor disputes.” By mandating neutrality from employers in labor discussions, the Oregon law constitutes a violation of the NLRA, the judge ruled. The new filing from the cannabis businesses says that while the federal government has generally “declined to prosecute state marijuana laws that conflict with the” Controlled Substances Act (CSA), that “does not mean other constitutional limits on states’ regulatory powers also take a back seat.” “The CSA does not grant states the power to burden interstate commerce that would otherwise be impermissible, simply because the CSA prohibits cannabis,” it said. “Finding that the NLRA applied to cannabis employers for which the [National Labor Relations Board] maintains jurisdiction, the District Court correctly concluded M119 was preempted under the NLRA principle of preemption.” “For the reasons as set forth above, the Court should affirm the District Court, which held that the NLRA preempts M119…and that M119 violates the First Amendment speech protections,” it says. The state, for its part, has argued that the federal circuit court “should reverse the district court’s judgment, and it should remand the case with instructions to enter judgment for defendants on the preemption and First Amendment claims.” — 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. — On the question of whether the law violates First Amendment protections under the U.S. Constitution, the cannabis companies argued that “Measure 119 is a content-based restriction on speech that is subject to strict scrutiny, and that Defendants fail to provide a compelling government interest requiring this restriction.” Measure 119 passed with about 57 percent of the vote last November. A regional chapter of United Food and Commercial Workers (UFCW)—UFCW Local 555—had submitted more than 160,000 signatures to qualify the measure for ballot placement last year. During the Oregon legislature’s 2023 session, lawmakers declined to enact a bill containing similar provisions. UFCW lobbied for that legislation, and it decided to mount a campaign to let voters decide on the issue this year after that effort failed. UFCW pressed legislators to enact a bill to codify the labor protections in 2023. And after it was effectively killed by a top House Democrat, it announced that it would be leading a recall effort to oust him. Read the filing in the Oregon cannabis industry labor law case below: Photo elements courtesy of rawpixel and Philip Steffan. The post Oregon Marijuana Businesses Urge Federal Court To Uphold Ruling Blocking Industry Labor Law Approved By Voters appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Texas officials have released a revised proposed rule to ban the sale of hemp THC products to people under 21. After the governor issued an emergency order barring such sales, the Texas Alcoholic Beverage Commission (TABC) put forward temporary emergency rules to codify the policy change—and now it’s planning to adopt an amended regulation on the issue permanently after receiving public and stakeholder input. “If ultimately adopted, the rules proposed now will replace the emergency rules,” TABC said in a notice published in the Texas Register on Friday. “The proposed rules are intended to prevent minors from accessing and using consumable hemp products (CHPs) that will negatively impact the health, general welfare, and public safety of minors in Texas.” The main components of the proposal would largely align with what they initially implemented following Gov. Greg Abbott’s (R) emergency order, with “some key changes,” the agency said. For example, TABC would be permitted to suspend licenses, rather than outright cancel them, for violations of the rule. That was among several contentions from stakeholders who felt the temporary rules were excessively punitive. The proposed rule also provides “a licensee or permittee a defense to an enforcement action for failure to inspect proof of identification…if the ultimate consumer or recipient of the CHP is 40 years of age or older.” “For each year of the first five years the proposed rules are in effect, [the head of TABC] expects that enforcing or administering the proposed rules will have the public benefit of reducing minors’ access to, and use of, CHPs and a corresponding reduction in the public harms associated with such use,” the filing says. As far as the license suspension provisions are concerned, regulators would be empowered to put a pause on licenses for up to seven days for a first violation, 14 days for a second violation, 30 days for a third violation and institute a cancelation for “any subsequent violation.” Those changes to the emergency order appear responsive to public feedback that raised serious concerns about the inflexibility of the temporary rule that seemed to put hemp sellers at disproportionate risk of being severely penalized compared to other regulated industries. Meanwhile, state officials with the Department of Public Safety (DPS) separately conditionally approved nine new medical marijuana business licenses last week as part of a law that’s being implemented to significantly expand the state’s cannabis program. The department will issue conditional licenses to three additional dispensaries by April 2026. This represents a major change to the program, as there are currently only three dispensaries licensed to operate in Texas. DPS in October adopted additional rules to increase the number of licensed dispensaries, establishing security requirements for “satellite” locations and authorizing the revocation of licenses for certain violations. — 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. — These latest developments come after the Department of State Health Services (DSHS) adopted rules allowing doctors to recommend new qualifying conditions for cannabis patients and creating standards for allowable low-THC inhalation devices. Separately, a recent survey from a GOP pollster affiliated with President Donald Trump found that Texas Democratic and Republican voters are unified in their opposition to the hemp ban proposal. The post Texas Officials File Revised Rule Banning Hemp THC Sales To People Under 21 As State Expands Medical Marijuana Program appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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