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The ban on the carry of open cannabis products applies to both drivers and passengers. By Christine Sexton, Florida Phoenix Carrying an open package of medical marijuana, hemp or THC products, including beverages, in a car, would be illegal and could lead to suspension or possible revocation of a patient’s access to medical marijuana under a bill that’s been filed in the Senate. Fort Myers Republican Sen. Jonathan Martin filed SB 1056 Monday, eight days before the 2026 regular legislative begins. Martin’s bill would give law enforcement the green light to search a vehicle based on the “plain smell” of edibles, hemp, marijuana or THC beverages by creating a new statute that provides “legislative intent.” In doing so, the bill aims to blunt the effect of an October 2025 Florida Second District Court of Appeal ruling that the smell of marijuana alone is not enough to establish probable cause for a police search because marijuana no longer is illegal. Because the ruling was in conflict with one of its previous rulings, the appeals court certified the question of whether the legalization of medical marijuana and hemp in Florida means the “plain smell” doctrine, which allows searches based solely on the smell of marijuana, still is valid. Sen. Martin didn’t immediately reply to Florida’s Phoenix’s request for comment on the bill. The ban on the carry of open medical marijuana products applies to both drivers and passengers, although it wouldn’t apply to paying commercial passengers or passengers on buses or passengers in self-contained motor homes that are longer than 21 feet. The definition of “open container” mirrors the definition of open container for alcohol. The bill has different penalties for drivers and passengers who break the law. There are 929,655 medical marijuana patients in Florida, Office of Medical Marijuana Use data show. Both drivers and passengers who violate the law could be charged with a noncriminal moving traffic violation and suspension of their medical marijuana identification cards, which enable them to buy the product. And both drivers and passengers who repeatedly violate the law could have their access to medical marijuana permanently revoked. A driver who breaks the law a second time could be imprisoned for up to 90 days and forced to pay up to a $500 fine or both. Jail time for a third offense for a driver would be increased to up to six months and the potential fine upped to $1,000. Police won’t have to wonder whether the driver or passenger owns the open product. Under the bill, an open container of edibles would be considered to be in the possession of the driver unless it is located in a locked glove compartment, locked trunk or other locked part of the vehicle, or is in the physical control of the passenger. Rep. Dean Black (R) filed a similar bill in the House of Representatives on Monday. This story was first published by Florida Phoenix. Additional reporting by Marijuana Moment. The post Florida Patients Could Lose Medical Marijuana Registrations For Having Open Containers Of Cannabis In Cars Under New Legislation appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Senate has confirmed President Donald Trump’s pick to serve as White House drug czar. Sara Carter Bailey, who will soon be officially sworn in as director of the Office of National Drug Control Policy (ONDCP) following a 52-48 confirmation vote on Tuesday, will play a central role in implementing the administration’s drug policy agenda. That includes everything from marijuana and psychedelics to harm reduction and overdose prevention. The full Senate’s approval of Carter comes about three months after the Judiciary Committee advanced her nomination. Carter has voiced support for medical cannabis, while stating that she doesn’t have a “problem” with legalization, even if she might not personally agree with the policy. A former journalist known for her coverage of drug cartels, the incoming ONDCP director also previously advised senators that the administration was keeping “all options” on the table as it considered a marijuana rescheduling proposal, while describing cannabis reform as a “bipartisan issue.” Despite her personal ambiguity on the rescheduling issue, Trump last month signed an executive order directing the attorney general to expeditiously complete the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Given the role of the ONDCP director in setting and carrying out the administrative agenda on drug policy issues, the fact that Carter has gone on the record enthusiastically endorsing medical cannabis in the past is welcome news for advocates. Sen. Cory Booker (D-NJ) raised the issue of cannabis rescheduling with the then-nominee in September, stating that the incremental reform would represents a “step in the right direction.” “It would open up the door to more scientific study, and so I’m wondering if you were confirmed, how would you advise the American president about the ongoing rescheduling process?” he asked. Carter said she shares Booker’s passion for the issue, which she characterized as “bipartisan.” “If confirmed as director, I will comply with all federal laws and fulfill all statutory responsibilities of the ONDCP,” she said. “However, we will continue to work extensively with research and data. We will continue to do that and explore all options.” Tuesday’s vote on her confirmation was largely along party lines—with Sen. Rand Paul (R-KY) joining all Democrats in opposition, and all other Republicans in support. While Carter has spoken often about various marijuana policy issues—focusing attention on illicit trafficking and illegal grow operations on U.S. land, for example—her public comments on how she personally feels about the topic have been limited. What she did say in a 2024 episode of her podcast, The Sara Carter Show, signaled that she draws a distinction between legally regulated and illicitly supplied marijuana. “I don’t have any problem if it’s legalized and it’s monitored,” she said. “I mean, I may have my own issues of how I feel about that, but I do believe that cannabis for medicinal purposes and medical reasons is a fantastic way of handling—especially for people with cancer and other illnesses, you know—of handling the illness and the side effects of the medication and those illnesses. So I’m not saying we’ve gotta make it illegal.” Last month, a Democratic senator temporarily held up the Republican majority’s attempt to advance Carter’s confirmation, saying she is among many “unqualified” candidates who threaten to “undermine the rule of law and our national security.” Carter will be the second White House drug czar in a row who has voiced support for medical marijuana, following former President Joe Biden’s ONDCP director Rahul Gupta, who worked as a consultant for a cannabis businesses and also oversaw implementation of West Virginia’s medical marijuana program. On her social media, Carter has previously shared links—without commentary—to news stories about a variety of marijuana-related issues. In addition to her focus on illicit cartel grows, she’s also posted about congressional and state-level legalization votes, staffers in the Biden administration being fired over past cannabis use, Democratic presidential candidates’ support for legalization, the advancement of cannabis banking legislation in Congress and state policy developments such as Alaska’s legalization of cannabis cafes. Federal statute dictates the drug czar is prohibited from endorsing the legalization of Schedule I drugs in the CSA, including marijuana. “The Director…shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 812 of this title and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that— (A) is listed in schedule I of section 812 of this title; and (B) has not been approved for use for medical purposes by the Food and Drug Administration.” Last April, Democratic congressional lawmakers announced the filing of a bill that would remove that restriction. It has not yet advanced in the GOP-controlled Congress. Carter has separately sounded the alarm about the risk of pesticides and other contaminants in marijuana grown and sold by Chinese cartels—an issue that was taken up by a House committee last year. Also last year, the incoming ONDCP director talked about the issue with Derek Maltz, a then-retired Drug Enforcement Administration (DEA) official who temporarily served as acting administrator of the agency prior to the confirmation of Trump’s permanent pick, Terrance Cole. In an X post about the interview with Maltz, Carter said he exposed how “Chinese marijuana grow operations are using hazardous chemicals as pesticides.” In 2022, U.S. Rep. Mike Garcia (R-CA) applauded Carter, who worked with his office to bring attention to illicit grow operations in his district, leading to a local law enforcement investigation. Carter gave the congressman credit, saying “your work in taking down the illegal marijuana grows has stopped cartels from exploiting your community, those people forced to work on them and the [money].” In an interview with Fox News’s Sean Hannity in 2021, she also talked about her work with Garcia—including accompanying him on a helicopter to survey “miles and miles and miles of vast, sophisticated illegal grows worth tens of millions of dollars.” Cartels have “become extremely more brazen. They’re not afraid of hiding it,” she said. “They don’t hide it because they don’t feel that they’ll ever be held accountable for it.” In a sense, Carter has seemed to implicitly suggest at multiple times that she supports regulated access to cannabis as a means of promoting public safety and health. Whether and how that implied position will influence federal policy now that she’s confirmed is yet to be seen. On her social media, she’s previously shared links—without commentary—to news stories about a variety of marijuana-related issues. In addition to her focus on illicit cartel grows, she’s also posted about congressional and state-level legalization votes, staffers in the Biden administration being fired over past cannabis use, Democratic presidential candidates’ support for legalization, the advancement of cannabis banking legislation in Congress and state policy developments such as Alaska’s legalization of cannabis cafes. Photo courtesy of Mike Latimer. The post Senate Approves Trump’s White House Drug Czar Pick Who Supports Medical Marijuana As Rescheduling Looms appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

An Indiana lawmaker has filed a bill that would effectively legalize the possession and cultivation of limited amounts of marijuana. The legislation filed on Monday by Rep. Mitch Gore (D) would remove all penalties for possessing or growing up to two ounces of marijuana without creating a regulatory structure for licensed cannabis production and retail sales, giving the state a non-commercial form of legalization. The proposal would amend existing statute that designates any level of marijuana possession or cultivation as a Class B misdemeanor. Possessing hashish and hash oil, which are concentrated forms of cannabis, would still be entirely prohibited. However, the bill would also make it so the cannabis possession threshold for a Level 6 felony—which is punishable by up to 2.5 years in prison and a maximum $10,000 fine—would be increased from 30 grams to four ounces. Gore’s proposal has been referred to the House Courts and Criminal Code Committee for consideration. Whether the panel takes up the measure is yet to be seen, but cannabis reform advocates have struggled to make inroads in the conservative legislature. That said, the state’s GOP governor said recently that a move by President Donald Trump to federally reschedule marijuana could add “a little bit of fire” to the local push for cannabis legalization in his state. Months later, Trump did sign an executive order directing the attorney general to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Gov. Mike Braun (R) also said last year that he’s “amenable” to medical cannabis legalization. Meanwhile, one member of the state’s congressional delegation, Sen. Jim Banks (R-IN), expressed opposition to state-level reform despite Trump’s prior comments previewing a rescheduling decision. “President Trump has been honest about it, that when it comes to marijuana, he said very clearly we shouldn’t smell it on the streets. You have a lot of states that have legalized it. It’s caused even more crime and issues,” Banks said. “I hope Indiana is never a state that legalizes marijuana, by the way.” The senator acknowledged, however, that there is likely to be “further conversation” about the issue. Braun, for his part, previously said that “it’s probably time” to allow access to therapeutic cannabis among patients in the state. Those comments came alongside a poll indicating that nearly 9 in 10 Indiana adults (87 percent) support marijuana legalization. Top Republicans in the legislature, however, have openly opposed marijuana reform. “It’s no secret that I am not for this,” Senate President Pro Tem Rodric Bray (R) said in late 2024. “I don’t have people coming to me with really compelling medical cases as to why it’s so beneficial. And any state that I’ve seen pass medical marijuana is essentially passing recreational marijuana.” House Speaker Todd Huston (R) doubted any medical benefits associated with marijuana, calling the substance “a deterrent to mental health.” He and others suggested that lawmakers supportive of the reform merely want to boost state revenue. A number of marijuana reform bills were introduced for the Indiana legislature’s 2025 session, including one—from Reps. Jim Lucas (R) and Shane Lindauer (R)—that would have legalized medical marijuana for people with “serious medical conditions as determined by their physician.” Photo courtesy of Chris Wallis // Side Pocket Images. The post Indiana Lawmaker Files Bill To Legalize Low-Level Marijuana Possession And Cultivation appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A top Republican Wisconsin lawmaker says President Donald Trump made the “wrong” choice to order the rescheduling of marijuana—which he called a “dangerous drug”—but he says the upside is that research barriers may be lifted in a way that demonstrates medical cannabis can be effectively used in a limited way as an alternative to prescription medications. As advocates hold out hope for some form of legalization in the state, Assembly Speaker Robin Vos (R) said he thinks “we are not there” in terms of having enough votes to advance even a medical cannabis bill through his chamber at this point, despite characterizing himself as a supporter of patients’ access to marijuana “for almost a decade now.” At the federal level, however, Vos told CBS 58 that “I think what President Trump did by declassifying—or, you know, reducing the classification of marijuana—was wrong.” “I think marijuana is still a dangerous drug that should never be legalized in Wisconsin. All the data that’s coming out from states who’ve used it—it’s bad for kids, it’s bad for adults, it has long-term consequences that are all negative,” he said. “But the only positive that is going to come out of that is perhaps we will now be able to do some medical research on medicinal cannabis to say, is it something where we now have studies that can show it’s a better alternative than some kind of a narcotic?” Speaker Vos, on medical marijuana, says Assembly Republicans "are not there." Vos goes on to say President Trump reclassifying marijuana "was wrong." "The only positive that is gonna come out of it is, perhaps, we will now be able to do some medical research." pic.twitter.com/uQVdPVbkGr — A.J. Bayatpour (@AJBayatpour) December 31, 2025 Marijuana hasn’t been formally rescheduled yet, as the executive order Trump signed last month simply directed the attorney general to complete the process of moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Such a reform would let marijuana businesses take federal tax deductions, while freeing up certain research restrictions that apply to Schedule I drugs. But it wouldn’t sanction the possession, cultivation or distribution of marijuana products without Food and Drug Administration (FDA) approval. In Wisconsin, meanwhile, with just under a year before voters elect their next governor, the majority of the current candidates have made clear that they will support efforts to legalize marijuana—in part to fund public programs such as increased access to broadband. And while there’s been splintering on the issue between the two chambers of the legislature, a Senate panel recently took up a Republican-led bill that would legalize medical marijuana in the state. Senate President Mary Felzkowski (R) and Sen. Patrick Testin (R) filed the legislation, and the Senate Health Committee debated the proposal at a hearing in October, taking testimony from patients and other advocates. Members didn’t vote on the bill, but the chair said the panel would be advancing it “fairly quickly.” Vos, for his part, said that month that he hopes lawmakers in the state can “find a consensus” on legislation to legalize medical marijuana. But he added that the cannabis bill filed by his Republican leadership counterpart in the Senate is “unlikely” to pass his chamber because it is “way too broad and way too wide-ranging.” As the 2025 session was set to get underway, Felzkowski said she was “hoping to have a conversation” in the legislature about legalizing medical marijuana—though the Republican Assembly speaker still represented “an obstacle,” she added. The Senate leader has previously sponsored medical cannabis legislation in past sessions, formally introduced the new legislation. Meanwhile, a Republican candidate for governor of Wisconsin who has since left the race said in July that he was “open to considering different opportunities” when it comes to legalizing medical or adult-use marijuana in the state, though he has provided little in the way of specifics so far. Current Gov. Tony Evers (D), who supports legalizing cannabis, isn’t seeking re-election—but he said in June that if his party can take control of the legislature, the state can “finally” legalize marijuana so that residents don’t have to go to neighboring Illinois to visit its adult-use market. Separately in June, a poll from Marquette Law School found that two in three Wisconsin voters support legalizing marijuana. The survey found that support for cannabis reform has generally increased over time since the institution first started tracking public opinion on legalization in 2013, with 67 percent of voters now backing the policy change. That’s 17 percentage points higher than the 2013 results. Democrats are the most likely to favor legalizing cannabis, at 88 percent, followed by independents (79 percent). However, a majority of Republicans (56 percent) said they’re still opposed to adult-use legalization. Underscoring the importance of party control, the state’s Republican-controlled Senate and Assembly this summer rejected another attempt to legalize marijuana, defeating amendments to budget legislation that would have ended prohibition in the state and established new medical and recreational cannabis programs. Evers has routinely attempted to change that policy as part of his budget requests—and Democratic leaders have similarly pushed for reform. Republicans in the legislature also cut the marijuana provisions from a state budget proposal in May, as they’ve done in past sessions. Despite Republicans’ move to cut legalization from the budget legislation, party leaders recently acknowledged that the debate over medical marijuana legalization is “not going to go away,” and there’s hope it can be resolved this session. — 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. — “I don’t think anyone is naive enough to think that marijuana and THC products aren’t present in the state of Wisconsin when they are readily available over state lines, so I think we need to come to an answer on this,” Assembly Majority Leader Rep. Tyler August (R) said in February. “I’m hopeful that we can.” “If we’re going to call it medical marijuana, it needs to be treated like a pharmaceutical. But the marijuana debate is going to be something that is not going to go away,” Sen. Dan Feyen (R), the assistant majority leader, said at the time. “The margins are tighter.” There have been repeated attempts to legalize medical marijuana in the legislature over recent years, including the introduction of legislation from the Assembly speaker that called for a limited program facilitated through state-run dispensaries. That proved controversial among his Republican colleagues, however, and it ultimately stalled out. Evers previewed his plan to include marijuana legalization in his budget last January, while also arguing that residents of the state should be allowed to propose new laws by putting binding questions on the ballot—citing the fact that issues such as cannabis reform enjoy sizable bipartisan support while the GOP-controlled legislature has repeatedly refused to act. Previously, in 2022, the governor signed an executive order to convene a special legislative session with the specific goal of giving people the right to put citizen initiatives on the ballot, raising hopes among advocates that cannabis legalization could eventually be decided by voters. The GOP legislature did not adopt the proposal, however. Evers said in late 2024 that marijuana reform is one of several key priorities the state should pursue in the 2025 session, as lawmakers work with a budget surplus. Days after he made the remarks, a survey found the reform would be welcomed by voters in rural parts of the state. Nearly two thirds (65 percent) said they support legalizing cannabis. Last May, the governor said he was “hopeful” that the November 2024 election would lead to Democratic control of the legislature, in part because he argued it would position the state to finally legalize cannabis. “We’ve been working hard over the last five years, several budgets, to make that happen,” he said at the time. “I know we’re surrounded by states with recreational marijuana, and we’re going to continue to do it.” A Wisconsin Democratic Assemblymember tried to force a vote on a medical cannabis compromise proposal in 2024, as an amendment to an unrelated kratom bill, but he told Marijuana Moment he suspects leadership intentionally pulled that legislation from the agenda at the last minute to avoid a showdown on the issue. Meanwhile, the state Department of Revenue released a fiscal estimate of the economic impact of a legalization bill from then-Sen. Melissa Agard (D) in 2023, projecting that the reform would generate nearly $170 million annually in tax revenue. A legislative analysis requested by lawmakers estimated that Wisconsin residents spent more than $121 million on cannabis in Illinois alone in 2022, contributing $36 million in tax revenue to the neighboring state. Evers and other Democrats have since at least 2024 insisted that they would be willing to enact a modest medical marijuana program, even if they’d prefer more comprehensive reform. Photo courtesy of Chris Wallis // Side Pocket Images. The post Top Wisconsin GOP Lawmaker Says State Isn’t Ready To Legalize Medical Marijuana, Criticizing Trump’s Rescheduling Move appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Virginia lawmaker has introduced a bill that would require health care facilities in the state to allow terminally ill patients to access medical cannabis if they have a doctor’s recommendation. The legislation, sponsored by Del. Karen Keys-Gamarra (D), would not permit patients to smoke or vape cannabis in the facilities, and their use of marijuana would have to be documented in their medical records. But, similar to a law enacted in California in 2021, terminally ill patients could consume non-combustable cannabis products at state health facilities if they’ve received a certification from a physician. The text of the Virginia bill states that the policy change would “not apply to a patient receiving emergency medical services.” And it specifies that health care facilities would not be mandated to issue medical cannabis certifications. Also, the measure stipulates that facilities don’t have to comply with the law if a federal agency such as the Department of Justice or Centers for Medicare and Medicaid Services “initiates enforcement action against a medical care facility related to the facility’s compliance with a state-regulated medical marijuana program” or “issues a rule or otherwise provides notification to the medical care facility that expressly prohibits the use of medical marijuana in medical care facilities or otherwise prohibits compliance with a state-regulated medical marijuana program.” However, it states that health care providers cannot “prohibit patient use of medicinal cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Controlled Substances Act or other federal constraints on the use of medicinal cannabis that were in existence” before the state law is potentially enacted. “Compliance with this section shall not be a condition for obtaining, retaining, or renewing a license as a medical care facility,” it says. Meanwhile, advocates in Virginia are eagerly awaiting potential movement on statewide commercial sales legalization for adult use—and the Democratic governor-elect recently laid out what “needs to be” included in such a bill in order for her to sign it into law. That includes “strong labeling” requirements and allocating tax revenue toward education. “Right now is that we live in this gray space where there’s some legality to marijuana, there’s some illegality,” incoming Gov. Abigail Spanberger (D) said last month. “There’s a lot of questions—a lot of confusion—and that creates real problems for Virginians who might currently have the legal ability to buy it for medicinal needs, or for those who might try to fall under the personal use.” Cannabis has been legal to possess and cultivate for adult use since 2021, but there’s currently no retail access for non-medical marijuana. Gov. Glenn Youngkin (R), who leaves office this month, has vetoed bills passed by the legislature to establish a commercial recreational cannabis market—but advocates have been encouraged by Spanberger’s position in favor of the policy change. Meanwhile, last month, Virginia’s Senate president pro tempore filed a bill to provide relief for people convicted of past cannabis crimes, mandating that individuals with certain offenses automatically receive resentencing hearings and have their punishments adjusted. Youngkin has vetoed similar proposals in past sessions. — 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. — Also last month, the legislature’s Joint Commission to Oversee the Transition of the Commonwealth into a Cannabis Retail Market unveiled a much-anticipated proposal to legalize recreational marijuana sales that it is recommending lawmakers pass during the 2026 session. Sen. Louise Lucas (D), the Senate president pro tempore, recently said the state should move forward with legalizing recreational marijuana sales—in part to offset the Trump administration’s cuts to federal spending in support of states. Separately, the Virginia Department of Labor and Industry published a document recently outlining workplace protections for cannabis consumers. Photo courtesy of Mike Latimer. The post Terminally Ill Patients Could Use Medical Marijuana In Virginia Hospitals Under Newly Filed Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“The court recognizes the serious questions about whether this discriminatory tax violates the intent of the cannabis legalization that Michigan voters approved in 2018.” By Kyle Davidson, Michigan Advance Court of Claims Judge Sima G. Patel on Monday denied the state of Michigan’s request to rehear a motion to toss a lawsuit filed by cannabis industry advocates against the 24 percent wholesale tax on marijuana which took effect on January 1. In October the Michigan Cannabis Industry Association filed a lawsuit against the state, arguing that the Legislature’s decision to create a 24 percent tax on wholesale marijuana violates the state constitution by modifying the 2018 law established when Michigan voters approved a ballot proposal legalizing recreational marijuana. Industry advocates have also warned that the tax would bring irreparable harm to Michigan’s marijuana industry, forcing small retailers out of business and pushing buyers into the black market. In her early December ruling, Patel largely rebuffed arguments from industry advocates, denying the association’s request to block the wholesale tax from taking effect alongside its request to have the case resolved without a full trial. However she did permit the case to move to trial, raising questions on whether the Legislature’s decision to create the tax violates the intent of the initiated law, partially denying a similar request from the state to resolve the matter without moving to trial. While the state filed a motion to have their request reconsidered, Patel denied it on Monday, determining that there had been no palpable error in her previous ruling and reemphasizing that questions of fact remained around the new tax violates the purpose of the 2018 law. “It is not certain on this record whether the 24 percent wholesale excise tax will impact prices to the extent purchasers will be driven to the illicit marijuana market,” Patel wrote. “Discovery is required to examine how the tax will impact the purposes of the [voter initiated law.]” Rose Tantraphol, the Michigan Cannabis Industry Association’s spokesperson, called Monday’s decision a win for voters and the industry. “In issuing this order, the court recognizes the serious questions about whether this discriminatory tax violates the intent of the cannabis legalization that Michigan voters approved in 2018,” Tantraphol said. “We’re looking forward to making our case that this tax will push Michiganders, who are already feeling stretched financially, into the illicit market.” In a separate filing, the association has asked the Michigan Court of Appeals to hear the case, arguing it would allow them to pursue the full range of arguments they made in their initial lawsuit. This story was first published by Michigan Advance. The post Michigan Judge Allows Lawsuit Challenging New Marijuana Tax To Proceed appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Internal Revenue Service (IRS) has denied a marijuana-focused tourism organization’s request for nonprofit tax-exempt status, citing the ongoing federal criminalization of cannabis and saying that the group’s activities create a “private benefit to the cannabis industry” and its members. Therefore, the agency said, the organization cannot claim tax exemptions for charitable purposes. In a notice to the group that IRS made publicly available, the agency said the articles of incorporation (AOI) that were submitted to qualify as a tax-exempt nonprofit corporation stated that the organization’s purpose was to “promote the development of a responsible cannabis-related tourism industry, and advocate for sustainable innovations and social equity.” “Your application stated you aim to accomplish your purpose by engaging in education, training-workforce development, and outreach partnerships,” the notice, which was posted in a redacted form that does not show the group’s name, said. “One of your goals, per your website, is to cultivate local partnerships that can grow cannabis-related economic development opportunities…through education and training.” IRS said a review of the organization’s website shows that it planned to “utilize a portion of local abandoned buildings to create a vertically integrated farming entity through seed-to sale operations to cultivate an economy around cannabis development (cannabis, food, and industrial hemp seed-to-sale).” That includes “teaching vertical farming techniques and providing real estate to grow cannabis.” “The cannabis business will be sustained year-round through the hydroponic techniques taught to your members,” the agency said. “As a result, you would create a hub for cannabis-related networking and business development.” While the state the group is based in has “legalized cannabis activities you aim to promote,” the letter says, “federal law classifies cannabis as a Schedule I controlled substance… Furthermore, federal law prohibits the manufacture, distribution, possession, or dispensing of a controlled substance.” “Further, you operate for a substantial non-exempt purpose of providing private benefit to the cannabis industry and your members. You advocate for the local cannabis industry in the city of [information withheld] to engage in business to grow and sell cannabis. The creation of networking hubs, combined with access to vertical farming facilities, would provide direct benefits to your members seeking to enter the cannabis industry (i.e., aiding in getting a license and providing real estate within the city [information withheld] to develop cannabis through vertical farming methods.) These opportunities would disproportionately benefit those individuals rather than the public at large.” “You fail the organizational test because your purpose, as stated in your AOI, is too broad and expressly empowers you to engage substantially in activities which do not further exempt purposes,” IRS concluded. “Moreover, although you do have charitable and educational purposes, you fail the operational test because you have substantial non-exempt purposes of promoting federally illegal activities (cannabis production) and serving the private interests of your members. Therefore, you fail to qualify for exemption under IRC Section 501(c)(3).” To that end, the organization is required to pay any federal taxes it avoided by claiming nonprofit exempt status within 30 days of receiving the notice. The final rejection letter was sent to the organization in September and publicly posted by IRS last month, one day after President Donald Trump issued an executive order directing the attorney general to complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Whether that pending reform would impact the organization’s request for nonprofit tax-exempt status is unclear, but one of the key policy changes that would be enacted is directly related to IRS—specifically an agency code known as 280E. If marijuana moved to Schedule III, that code barring businesses from taking federal tax deductions if they work with Schedule I or Schedule II substances would be rendered moot for the cannabis sector. — 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, IRS advised marijuana companies that they still could not take federal tax deductions for business expenses afforded to other traditional industries unless the administration finalized the rule to reschedule cannabis. In anticipation of the rescheduling move, certain multi-state marijuana operators sough refunds for what they said were excess taxes paid in past years due to 280E. Multiple states have taken steps to provide state-level tax relief to marijuana businesses that are subject to 280E, but the federal rule has not yet changed. The Congressional Research Service (CRS) noted in a 2021 report that IRS “has offered little tax guidance about the application of Section 280E.” IRS did provide some guidance in an update in 2020, explaining that while cannabis businesses can’t take standard deductions, 280E does not “prohibit a participant in the marijuana industry from reducing its gross receipts by its properly calculated cost of goods sold to determine its gross income.” The update seemed to be responsive to a Treasury Department internal watchdog report that was released in 2020. The department’s inspector general for tax administration had criticized IRS for failing to adequately advise taxpayers in the marijuana industry about compliance with federal tax laws. And it directed the agency to “develop and publicize guidance specific to the marijuana industry.” The post IRS Denies Marijuana Tourism Group’s Request For Nonprofit Tax-Exempt Status, Citing Ongoing Federal Prohibition appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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During my short stay, I wanted to explore something different, so I looked into Call Girls in Noida. In the middle of a busy schedule, I was pleasantly surprised by how professional and graceful they were. What I liked most about Call Girls in Noida was not just the beauty but the ease of conversation and comfort they provided. It felt more like spending time with a friend rather than a formal arrangement. The experience gave me a break from work stress and left me with a memorable evening that I’ll definitely think of trying again on my next visit.

Congressional marijuana provisions; DEA psychedelic quotas; FL AG: Keep legalization off ballot; Industry group’s Trump PAC donations 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 The House and Senate Appropriations Committees released a negotiated funding bill that continues a rider protecting state medical cannabis programs from federal interference and deletes a House provision that would have blocked the Trump administration from rescheduling marijuana. The Drug Enforcement Administration said in a new filing that the marijuana rescheduling appeal process is still on hold and “remains pending” despite President Donald Trump’s executive order directing the attorney general to complete the reform “in the most expeditious manner.” The Drug Enforcement Administration is moving to further increase legal production quotas in 2026 for psychedelics like psilocybin and DMT to be used in research. Florida Attorney General James Uthmeier (R) and several business and anti-marijuana groups filed briefs asking the state Supreme Court to block a cannabis legalization initiative from appearing on the November ballot. New Federal Election Commission filings show that the marijuana industry-funded American Rights and Reform PAC gave an additional $1.05 million to President Donald Trump’s MAGA Inc. super PAC before he signed a cannabis rescheduling executive order—on top of the $1 million it gave earlier last year. Sen. Rick Scott (R-FL) told Marijuana Moment that he opposes President Donald Trump’s marijuana rescheduling executive order—claiming that cannabis is a “gateway drug” and saying his position is informed by the fact that his brother died from a drug overdose. / FEDERAL Vice President JD Vance pushed back on claims that U.S. actions in Venezuela have “nothing to do with drugs because most of the fentanyl comes from elsewhere.” Supreme Court Chief Justice John Roberts noted in his annual report that filings for defendants charged with federal drug offenses fell six percent in 2025. Sen. Amy Klobuchar (D-MN) tweeted, “I visited Wild State Cider in Duluth to highlight why the hemp ban doesn’t work — threatening 2,700 MN jobs and hurting farmers and small businesses across our state. I’m working across the aisle to support responsible hemp businesses that strengthen our economy.” / STATES An Indiana representative introduced a bill to legalize marijuana possession. An Alabama representative filed a bill to increase penalties for people who use marijuana in vehicles with children present. A Pennsylvania senator tweeted, “As we head into 2026, Pennsylvania faces familiar budget challenges—while a major revenue source sits idle. Cannabis is already here. It’s time for responsible regulation that generates revenue, protects consumers, and strengthens our economy.” Florida regulators adopted changes to medical cannabis advertising and marketing rules. The California Highway Patrol is accepting applications for a cannabis revenue-funded grant program supporting efforts to reduce impaired driving. The New Hampshire Therapeutic Cannabis Medical Oversight Board will meet 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. — / INTERNATIONAL Saudi Arabian officials executed a record number of people in 2025, most of whom were convicted of drug-related offenses. / SCIENCE & HEALTH A review concluded that “several observational studies have reported that cannabis helped to reduce endometriosis-associated pain.” A study found that “magnesium increases cannabinoid and terpene production in cannabis plants.” A review concluded that evidence “suggests psilocybin may benefit geriatric depression” and “may theoretically reduce loneliness through enhanced social connectedness.” / BUSINESS Wyld is acquiring Grön. Curaleaf Holdings, Inc.’s chief legal officer established an automatic securities disposition plan. 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: The post DEA says cannabis rescheduling process still “pending” (Newsletter: January 6, 2026) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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116. Psychedelics and Aging: Meaning in Later Life An educational conversation on psychedelics and aging, exploring meaning-making, grief, safety, and integration through lived experience and research. Episode Summary What happens when psychedelic experiences arrive later in life—after careers, caregiving, grief, and loss have already shaped the nervous system? In this episode, April Pride sits down with journalist and author Abbie Rosner to explore psychedelics and aging through the lens of elderhood, meaning-making, and maturity. Rather than framing psychedelics as a return to youth, this conversation looks at how these experiences can land differently for older adults—bringing reflection, perspective, and emotional capacity rather than novelty or intensity. Together, April and Abbie discuss research on end-of-life anxiety, lived experiences of grief and joy, and why preparation, support, and integration matter more than peak experiences. This episode offers a grounded, harm-reduction–oriented exploration of what psychedelics may offer later in life—without hype, pressure, or promises. Key Takeaways Psychedelics often land differently later in life because the nervous system carries decades of lived experience. Elderhood is not decline—it’s integration of youth, age, wisdom, and impermanence. Research on psychedelics and end-of-life anxiety points to increased emotional capacity, not the elimination of grief or fear. Challenging experiences are not uncommon, but preparation and support can reduce long-term difficulty. Community becomes increasingly important for integration, care, and meaning as we age. Timestamps [00:00] Why psychedelics and aging require a different conversation[02:30] Abbie Rosner’s journey into psychedelics later in life[05:30] Seniors vs. elders and why language matters[07:15] Elderhood as integration, not decline[11:25] Meaning making, mortality, and end-of-life research[14:20] What older adults seek from psychedelic experiences[21:00] Harm reduction, challenging experiences, and safety[26:00] Preparation pathways: legal, underground, and supported options[29:00] Psychedelics, grief, and emotional release[33:00] Community, mutual care, and aging with intention[36:50] Integration over intensity: closing reflections Guests Abbie Rosner is a journalist and author focused on psychedelics and aging, and elderhood. Her forthcoming book explores how psychedelic experiences intersect with meaning making, grief, and community later in life.Follow Abbie Rosner: Elderevolution on Substack | Instagram — @elderevolution Additional Resources SetSet Psychedelic Cards Women in the Wild application Learn more about this episode: https://aprilpride.substack.com/p/psychedelics-and-aging Hosted by April Pride Subscribe for April’s newsletter on Substack at https://aprilpride.substack.com/subscribe or at getsetset.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ Follow on IG: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@getsetset⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ / YouTube: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠youtube.com/@getsetset⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ / X: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠@getsetset Get full access to SetSet with April Pride at aprilpride.substack.com/subscribeCatch the full episode here

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Bipartisan House and Senate leaders have rejected a provision that would’ve blocked the Justice Department from rescheduling marijuana—while maintaining a longstanding rider protecting state medical cannabis programs from federal interference. While a GOP-controlled House committee advanced a version of Commerce, Justice, Science, and Related Agencies (CJS) appropriations legislation over the summer that would’ve prevented DOJ from rescheduling cannabis, a new bicameral agreement unveiled on Monday omits that language. The move comes weeks after President Donald Trump issued an executive order directing Attorney General Pam Bondi to expeditiously complete the process of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). Here’s the language of the provision advanced by the House Appropriations Committee but excluded from the latest agreement: “SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).” GOP senators have separately tried to block the administration from rescheduling cannabis as part of a standalone bill filed in 2023, but that proposal did not receive a hearing or vote. Meanwhile, on Monday, the Drug Enforcement Administration (DEA) said a marijuana rescheduling appeal process “remains pending” despite Trump’s executive order. The newly unveiled bicameral CJS bill, which is being combined with legislation to fund parts of the government covering interior, environment and energy and water Development, also contains a rider that’s been annually renewed since 2014 barring the Justice Department from using its funds to interfere in the implementation of state medical marijuana laws. However, for reasons that are unclear, the rider that lists each state that would be protected excludes Nebraska. Here’s the text of that provision: “SEC. 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Missing from the latest version is an addition to that rider that the House previously included that would have authorized enhanced penalties for sales near schools and parks. That provision specifically stipulated that the Justice Department could still enforce a section of U.S. code that calls for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit. However, a joint explanatory statement for the new spending package also says Congress “directs the Department to appropriately enforce the Federal Drug-Free School Zones Act (2 1 U.S.C. 860), to ensure that areas with young children, including schools and playgrounds remain drug-free.” That appears to be related to a report from the Senate committee that was released earlier this year stating that the medical marijuana protection rider “does not explicitly preclude” U.S. attorneys from enforcing a federal statute on selling or manufacturing controlled substances in “areas with young children, including schools and playgrounds.” The new bill also maintains protections for state industrial hemp research programs under the 2014 Farm Bill: “SEC. 530. None of the funds made available by this Act may be used in contravention of section 7606 (‘Legitimacy of Industrial Hemp Research’) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.” “President Trump set an important foundation by signing three appropriations bills into law in November, and we are carrying that momentum into the new year,” House Appropriations Committee Chairman Tom Cole (R-OK), said in a press release. “This bipartisan, bicameral package reflects steady progress toward completing FY26 funding responsibly.” Senate Appropriations Committee Chair Susan Collins (R-ME) said the overall deal is a “fiscally responsible package that restrains spending while providing essential federal investments that will improve water infrastructure in our country, enhance our nation’s energy and national security, and spur scientific research necessary to maintain U.S. competitiveness.” Advocates may welcome the exclusion of the rescheduling provision and inclusion of medical marijuana protections in the CJS bill, but many cannabis stakeholders have protested Trump’s signing of a separate appropriations measure in November that includes provisions to ban most consumable hemp products. However, when the president issued the marijuana rescheduling order last month, he also directed Congress to reevaluate that policy and ensure that people can continue to access full-spectrum CBD products. A federal agency will also be moving to cover such products for certain patients under Medicare and Medicaid. The post Congressional Leaders Drop Attempt To Block Marijuana Rescheduling, While Preserving State Medical Cannabis Protections appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The attorney general of Florida and several business and anti-marijuana groups are telling the state Supreme Court to block a cannabis legalization initiative, calling it “fatally flawed” and unconstitutional as advocates work against the clock to qualify the measure for the November ballot. In a series of briefs submitted to the court on Friday, Attorney General James Uthmeier (R), Drug Free America Foundation, Florida Chamber of Commerce, Florida Legal Foundation, Associated Industries of Florida and a former judge made similar arguments contesting the initiative from Smart and Safe Florida. The parties generally contend that the proposal is written in a way that’s affirmatively misleading, runs counter to federal law prohibiting cannabis and violates the state’s single subject rule for ballot initiatives. The attorney general called the measure “fatally flawed,” arguing that it “misleads voters in a way designed to garner greater approval, is flatly invalid under the federal Constitution, and violates the single-subject requirement. The Court should therefore strike the proposed amendment from the ballot.” Each of those reasons alone, the brief said, “warrants removal from the ballot.” The attorney general’s office last month asked the state Supreme Court to review the constitutionality of the legalization initiative. The court accepted the request and set a schedule for state officials and the cannabis campaign to file briefs this month. Proponents of the measure have until January 12 to submit response briefs, then the opposition has until January 20 to reply. New material in Re: Adult Personal Use of Marijuana (initial briefs). See the docket here: https://t.co/02OMKcLXl3 pic.twitter.com/JxvNNWGyPh — FloridaSupremeCourt (@flcourts) January 3, 2026 “The ballot summary impermissibly misleads voters about the actual effect of the proposed amendment,” Uthmeier said, arguing that the way the proposal is written suggests public consumption of marijuana would be entirely prohibited, but it would actually only ban public use in certain designated areas. The brief says that “countless dictionaries, legal authorities, and common sense dictate that ‘in public’ is a far broader term that covers everything from the local grocery store, fitness center, to the shopping mall.” “That divergence between summary and amendment misleads voters and is fatal under this Court’s established precedent. After all, polling routinely shows that most Americans oppose the smell of marijuana ‘in public.’ The ballot summary would lead voters to believe that voting yes would ensure there is no marijuana—or its smell—’in public,’ while the actual amendment delivers no such thing. The ‘in public’ summary language would likewise deceive Florida parents into thinking this initiative will prohibit marijuana smoking near their children in hotels, restaurants, sports venues, and other areas open to the general public. The initiative provides no such protection.” Further, the attorney general’s brief argues that the initiative “fails” because it’s “facially invalid under the United States Constitution.” Given that marijuana remains federally prohibited drug under the Controlled Substances Act (CSA), “the initiative runs head long into the Supremacy Clause, which ensures that federal law ‘shall be the supreme Law of the Land…any Thing in the Constitution or Laws of any State to the Contrary notwithstanding,'” it says. “The initiative seeks to ensure access to a robust recreational marijuana market, including by requiring state regulators to assist in guaranteeing the ‘availability’ of marijuana,” the brief continues. “But state law cannot ’empower[]’ people ‘to do precisely what the federal Act forbids them to do,’ and the initiative stands directly athwart Congress’s objectives in enacting the CSA.” Of course, Florida already allows patients with qualifying conditions to access medical cannabis in contravention of federal law—albeit with unique protections under a congressional rider that must be annually renewed through the appropriations process. In any case, the attorney general said the federal-state policy disconnect “warrants removal from the ballot.” “The Legislature added this statutory requirement to its law regulating the initiative process, which the Florida Constitution authorized it to do,” the brief said. “And the Supremacy Clause is as much a part of the ‘United States Constitution’ as any other provision, so faithfully ensuring that the proposal is not facially invalid includes preemption analysis stemming from any validly enacted federal law, like the CSA.” The office’s final argument is that the initiative “violates the single-subject requirement” for Florida ballot measures, referring to the idea that the proposal improperly touches on multiple aspects of the law, including legalizing possession and regulating the cannabis industry. “The constitutional text imposes a rigid requirement on the specificity of initiatives,” Uthmeier said. “This Court has, at times, applied a more relaxed view of what constitutes a single subject. But text, context, and precedent confirm that ‘subject’ must be read narrowly. And under this proper view, any matter must be inextricably intertwined to be ‘directly connected’ under a single subject.” “But the initiative fails either under this proper standard or under the Court’s current oneness-of-purpose test. The proposed amendment spreads far beyond marijuana legalization and extends to childhood advertising bans, business licensing, and permissible marijuana business structures. These disparate facets of the initiative muddle voter choice and propose wide-ranging changes to Florida’s legal landscape. The single-subject requirement—as originally and properly understood—exists to prevent this dynamic.” The Drug Free America Foundation, meanwhile, said in its brief that “proponents for recreational marijuana use in Florida have attempted to dodge the legislative process by way of constitutional amendment,” and this “latest iteration of the marijuana ballot initiative is fatally flawed and must be stricken from the ballot.” It echoes the attorney general’s position that the measure is “facially invalid” because it conflicts with federal law that “unequivocally prohibits anyone from possessing or using marijuana for nearly every purpose.” “Therefore, if Florida were to pass the Proposed Amendment, it would create a positive conflict because the use and possession of marijuana remains federally illegal,” it said. “And under the well-established hierarchy of law, no state constitutional amendment can surpass the dictates of federal law and cure federally illegal activity within the state.” The Florida Chamber of Commerce, Florida Legal Foundation and Judge Frank Shepherd filed a separate joint brief stating that the parties remain “especially vigilant about the abuse of the citizen initiative process by out-of-state interests that think of Florida as just another market and the citizen initiative process as just another means of exploiting that market.” “The initiative, titled ‘Adult Personal Use of Marijuana,’ poses several problems,” it says. “Any one of these problems is enough to keep the initiative off the ballot. Together they highlight its fundamental flaws.” The Florida Chamber of Commerce has consistently opposed attempts to move forward with adult-use legalization, even as its own polling has shown majority support for the reform. “First, state law can’t make legal what federal law makes illegal,” it said. “Federal law makes illegal the acquisition, cultivation, processing, transportation, and sale of marijuana. The proposed constitutional amendment tries to make all this legal.” “What’s more, the State of Florida would become complicit in the federal crime. That’s because the state would license businesses engaged in acquisition, cultivation, processing, transportation, and sale of the drug. The state’s legalization and commercialization of recreational marijuana would create a positive conflict with federal law, making compliance with both impossible. Even if a person or business could comply with both, the proposed amendment would frustrate federal objectives, meaning there would be obstacle preemption.” The brief also asserts that the scope of the proposal is too broad for a constitutional amendment that advocates hope to be decided by voters because it “permits higher-level changes to how laws are made, not the enactment of specific statutory text. The latter is the legislature’s job.” The parties repeated claims about violating the single-subject requirement for ballot measures and the idea that the ballot summary is “misleading” because of the public smoking provisions. “While the initiative contains a prohibition on this conduct, it includes no enforcement mechanisms or penalties. There isn’t even a requirement for the legislature to create the relevant enforcement mechanisms or penalties,” it says. “Without more, voters are left with the impression that they don’t have to worry about marijuana smoke in public parks or colorful gummies attractive to children. But a toothless prohibition like this is no prohibition at all. It seems intended only to hoodwink voters.” Associated Industries of Florida also claimed in its own brief that the initiative is invalid because “the state-facilitated recreational marijuana industry envisioned by the proposed amendment conflicts on its face with the federal Controlled Substances Act,” while similarly arguing that it violates the single-subject rule and misleads voters based on the summary language. The briefs were filed days after Smart and Safe Florida filed a new lawsuit against state officials, alleging that they improperly directed the invalidation of about 71,000 signatures as a turn-in deadline approaches. The campaign has been fighting several legal battles this cycle to ensure that its initiative is able to qualify for ballot placement. The latest lawsuit, filed in the Leon County circuit court, claims Secretary of State Cord Byrd (R) directed county election officials to invalidate about 42,000 signatures from so-called “inactive” voters and roughly 29,000 signatures collected by out-of-state petitioners. This comes after another court upheld a previous decision to strike about 200,000 signatures that the state said were invalid because the petitions didn’t include the full text of the proposed initiative. The campaign contested the legal interpretation, but it declined to appeal the decision based on their confidence they’d collected enough signatures to make up the difference. Now, with a February 1 deadline to submit 880,062 valid signatures just about a month away, Smart & Safe Florida is signaling that the additional invalidations could jeopardize their chances of making the ballot. Currently, the state has validated 675,307 signatures. Activists said in November that they’d collected more than one million signatures to put the cannabis measure on the ballot, but it’s also challenged officials at the state Supreme Court level over delays the certification process, arguing that the review of the ballot content and summary should have moving forward months ago when it reached an initial signature threshold. The state then agreed to move forward with the processing. Florida Gov. Ron DeSantis (R) campaigned heavily against an earlier version of the legalization proposal, which received a majority of voters last year but not enough to meet the 60 percent threshold required to pass a constitutional amendment. Former Attorney General Ashley Moody (R) unsuccessfully contested the prior initiative in the courts. In March, meanwhile, two Democratic members of Congress representing Florida asked the federal government to investigate what they described as “potentially unlawful diversion” of millions in state Medicaid funds via a group with ties to DeSantis. The money was used to fight against a citizen ballot initiative, vehemently opposed by the governor, that would have legalized marijuana for adults. The lawmakers’ letter followed allegations that a $10 million donation from a state legal settlement was improperly made to the Hope Florida Foundation, which later sent the money to two political nonprofits, which in turn sent $8.5 million to a campaign opposing Amendment 3. The governor said last February that the newest marijuana legalization measure is in “big time trouble” with the state Supreme Court, predicting it would be blocked from going before voters this year. “There’s a lot of different perspectives on on marijuana,” DeSantis said. “It should not be in our Constitution. If you feel strongly about it, you have elections for the legislature. Go back candidates that you believe will be able to deliver what your vision is on that.” “But when you put these things in the Constitution—and I think, I mean, the way they wrote, there’s all kinds of things going on in here. I think it’s going to have big time trouble getting through the Florida Supreme Court,” he said. The latest initiative was filed with the secretary of state’s office just months after the initial version failed during the November 2024 election—despite an endorsement from President Donald Trump. Smart & Safe Florida is hoping the revised version will succeed in 2026. The campaign—which in the last election cycle received tens of millions of dollars from cannabis industry stakeholders, principally the multi-state operator Trulieve—incorporated certain changes into the new version that seem responsive to criticism opponents raised during the 2024 push. For example, it now specifically states that the “smoking and vaping of marijuana in any public place is prohibited.”Another section asserts that the legislature would need to approve rules dealing with the “regulation of the time, place, and manner of the public consumption of marijuana.” In 2023, the governor accurately predicted that the 2024 cannabis measure from the campaign would survive a legal challenge from the state attorney general. It’s not entirely clear why he feels this version would face a different outcome. While there’s uncertainty around how the state’s highest court will navigate the measure, a poll released last February showed overwhelming bipartisan voter support for the reform—with 67 percent of Florida voters backing legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans. — Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — In the background, a recent poll from a Trump-affiliated research firm found that nearly 9 in 10 Florida voters say they should have the right to decide to legalize marijuana in the state. Meanwhile, a pro-legalization GOP state lawmaker recently filed a bill to amend state law to codify that the public use of marijuana is prohibited. Rep. Alex Andrade (R), the sponsor, said last year that embracing cannabis reform is a way for the Republican party to secure more votes from young people. Separately, Florida medical marijuana officials are actively revoking the registrations of patients and caregivers with drug-related criminal records. The policy is part of broad budget legislation signed into law last year by DeSantis. The provisions in question direct the state Department of Health (DOH) to cancel registrations of medical marijuana patients and caregivers if they’re convicted of—or plead guilty or no contest to—criminal drug charges. Meanwhile, last month, a Florida Republican senator filed a bill to expand the state’s medical marijuana program, in part by increasing supply limits for patients and waiving registration fees for honorably discharged military veterans. The post Florida Attorney General Asks Supreme Court To Block Marijuana Legalization Measure From Ballot appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Drug Enforcement Administration (DEA) says the marijuana rescheduling appeal process “remains pending” despite President Donald Trump’s recent executive order directing the attorney general to finish the job “in the most expeditious manner.” DEA and reform proponents on Monday submitted a joint status report on an interlocutory appeal that concerns allegations of agency bias and improper communications with anti-rescheduling parties during the rescheduling review process. “To date, Movants’ interlocutory appeal to the Administrator regarding their Motion to Reconsider remains pending with the Administrator,” DEA said. “No briefing schedule has been set.” It’s up to the agency to set the briefing schedule. But nearly a year after the appeal was accepted by a former administrative law judge, DEA is again delaying the process. This is the fourth joint status report, with largely identical language, that the parties filed pursuant to the administrative court’s order. DEA Administrator Terrance Cole told senators during a confirmation hearing last year that examining the cannabis rescheduling proposal would be “one of my first priorities.” This latest filing comes just weeks after Trump signed an executive order calling on Attorney General Pam Bondi to expeditiously finalize a rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA). Meanwhile, a leading marijuana prohibitionist group says it’s retained the legal services of Trump’s former attorney general, Bill Barr, to sue to reverse federal marijuana rescheduling if and when the pending rule is finalized. And they’ll also be filing a petition through the administrative process to keep cannabis strictly prohibited. Moving cannabis to Schedule III wouldn’t legalize marijuana, but it would formally recognize the plant’s medical value, allow marijuana businesses to take federal tax deductions and remove certain research barriers. A recent report from the Congressional Research Service (CRS) noted that DOJ could in theory decline to enact rescheduling, or start the review process all over again, for example. — 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. — An agriculture-focused conservative nonprofit connected to a PAC linked to the president recently applauded the rescheduling order, arguing that it will “destroy” the illicit market and support seniors and military veterans who could benefit from cannabis. Separately, a coalition of Republican state attorneys general are criticizing Trump’s rescheduling decision, saying cannabis is “properly” classified as a Schedule I drug with no accepted medical use and a high potential for abuse. Last month, groups of House and Senate Republican lawmakers also sent letters urging Trump not to reschedule cannabis. Trump, however, dismissed those concerns—pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people who are suffering from serious health issues, including his personal friends. While the interlocutory appeal before DEA is on pause again with the latest filing, the agency did recently finalize quotas for legal production of controlled substances in 2026—further raising the amount of certain psychedelics that can be made for research purposes in the new year. Over recent years, DEA has generally ramped up production goals for marijuana and certain psychedelics as interest in their therapeutic potential has grown within the public and scientific community. Read the latest DEA filing in the rescheduling case below: The post DEA Says Marijuana Rescheduling Appeal Process ‘Remains Pending’ Despite Trump’s Executive Order appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP senator says his opposition to marijuana reform—and his conviction that cannabis is a “gateway drug”—hasn’t changed even after President Donald Trump signed a rescheduling order. Asked about the president’s directive to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), Sen. Rick Scott (R-FL) told Marijuana Moment that cannabis is a “gateway drug” and that his position is informed by the fact that his brother died from a drug overdose. Scott said he does “understand medicinal marijuana,” which voters in his state legalized via a constitutional amendment at the ballot in 2016. The senator, who previously served as Florida’s governor, also noted that a separate initiative to legalize recreational cannabis on the 2024 ballot failed to reached the 60 percent threshold needed to be enacted—though it did get majority support. Pressed on Trump’s assertion that rescheduling cannabis would free up research and whether he’d support the policy change in that respect, Scott said simply: “Why don’t we just do the research?” Scott was among a group of GOP lawmakers who sent a letter last month challenging the marijuana rescheduling push, urging the Trump administration to trash the policy proposal. Ahead of a vote on a Florida ballot initiative to legalize marijuana for adult use—which gained majority support but not enough to reach a 60 percent threshold—the senator pledged to do everything he could to defeat it. The campaign behind that initiative has mounted another push for the ballot, but activists have faced complications amid litigation and invalidated signatures from the state. — 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. — As far as federal rescheduling is concerned, a bipartisan majority of American voters across nearly all major demographics—age, race, gender and political affiliation—support legalizing marijuana, according to a new poll released just days after Trump issued the executive order. The latest poll from the Daily Mail is generally consistent with the growing bipartisanship around marijuana legalization, but another recent survey from YouGov showed Republicans evenly divided on the issue, with 41 percent in favor and 41 percent against the broader reform. The rescheduling process initiated by the Biden administration, which Trump has now asked to be finalized, is still pending. Congressional researchers also recently released a report noting that there’s a chance the Justice Department could opt to start the process all over again, or even not complete it at all. But as prior polling has indicated, it’s a politically popular reform across the aisle. The president said last month that cannabis can “make people feel much better” and serve as a “substitute for addictive and potentially lethal opioid painkillers.” He clarified, however, that he personally has no interest in using marijuana himself. Trump also dismissed the concerns of GOP lawmakers who oppose rescheduling, pointing out that an overwhelming majority of Americans support the reform and that cannabis can help people—including his personal friends—who are suffering from serious health issues. The LCB contributed reporting from Washington, D.C. The post GOP Senator Claims Marijuana Is A ‘Gateway Drug,’ Voicing Opposition To Trump’s Rescheduling Order appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net