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Previously, the only current or former military members able to apply were disabled veterans, current and former National Guard members and veterans who had lost honorable status due to cannabis offenses. By Christopher Ingraham, Minnesota Reformer More than 327,000 military veterans live in Minnesota, comprising about 6 percent of the state population. Starting this summer they’ll be able to get a leg up on competitors in applying for cannabis business licenses under changes to legalization passed by the Legislature at the end of this session (pending the signature of Gov. Tim Walz (DFL)). The addition of all veterans greatly expands the pool of Minnesotans eligible to be considered “social equity” applicants, a designation created to “prioritize people who have been harmed by prohibition,” as chief author Rep. Zack Stephenson (DFL-Coon Rapids) said last year. People who have been previously convicted of cannabis offenses, who have had family members convicted of cannabis offenses or who live in disadvantaged areas are also eligible for a social equity license. Previously, the only current or former military members able to apply were disabled veterans, current and former National Guard members and veterans who had lost honorable status due to cannabis offenses. Other provisions of this year’s cannabis bill give social equity applicants a leg up on their competitors by making them eligible for pre-approval of their licenses and giving some of them the ability to start cultivating cannabis plants early. The goal is for social equity applicants to start selling product as soon as the first retail stores open, perhaps next spring, while traditional applicants are still getting their businesses set up. The bill also includes a major change to eligibility rules for medical marijuana patients. Previously, only patients with specific conditions like cancer, HIV/AIDS or glaucoma were eligible for medical marijuana. Now, patients can get medical marijuana for any condition a physician recommends it for. Other changes passed this year are largely in line with requests made by the Office of Cannabis Management. They include: Caps on the number of licenses given out to cultivators, manufacturers and retailers; licensing by a random lottery-based system, rather than a points-based system; exemption to license limits for cities and towns seeking to open municipal cannabis stores; allowing bars to sell both THC and alcoholic beverages to the same person, provided the person is not visibly intoxicated. This story was first published by Minnesota Reformer. DOJ Seeks Input On ‘Unique Economic Impacts’ Of Marijuana Rescheduling For ‘Multibillion Dollar Industry’ The post Change To Minnesota’s Marijuana Law Makes All Military Veterans Eligible For Social Equity Status appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“It is my belief that it’s time we get them out of that business and let them focus on higher education.” By Wesley Muller, Louisiana Illuminator The two public universities that have held exclusive rights over medical marijuana farming in Louisiana could soon lose their duopoly after the legislature approved a bill that will fully privatize cultivation in the state. Senate Bill 228, sponsored by Sen. Patrick McMath (R-Covington) sailed through the legislature with little opposition and now awaits Gov. Jeff Landry’s (R) signature. Louisiana issues only two medical marijuana grower licenses each year. They are currently held by Louisiana State University (LSU) and Southern University. That’s been required by law since the state enacted its medical marijuana program in 2015. “They are the only two higher education systems in the country that are in the pot business right now,” McMath said, “and it is my belief that it’s time we get them out of that business and let them focus on higher education.” To get their cannabis farms up and running, the colleges partnered with private contractors Good Day Farm and Ilera Holistic Healthcare. McMath’s bill will transfer the cultivator licenses to those companies and allow them to keep them as long as they file for renewal each year. Good Day Farm, which has a much larger operation than Ilera, has close ties to the lawmakers who have given it a near-exclusive grip on a lucrative niche market. The company’s primary shareholder is shipbuilding magnate Donald “Boysie” Bollinger, one of the wealthiest persons in Louisiana and a major Republican donor. The company’s president is John Davis, husband of state Rep. Paula Davis (R-Baton Rouge). Good Day Farm did not respond to a request for comment Monday. Former state Rep. Joe Marino, who played an instrumental role in helping shape much of Louisiana’s medical marijuana policy, criticized the legislation, saying lawmakers are helping a single company dominate the market. “It’s a monopoly,” Marino said in a phone interview. No other companies will get a chance to apply for a grower’s license unless either Good Day Farm or Ilera relinquishes theirs. While in office, Marino tried unsuccessfully to pass legislation that would have expanded the number of cultivation licenses, arguing that allowing more growers into the industry would help meet the high demand for medical marijuana and make it more affordable for patients at the state’s 10 licensed dispensaries. Good Day Farm, which has produced far more product than Ilera, will be well-positioned to corner the market by the time the federal government reclassifies marijuana from a Schedule I to a Schedule III drug, Schedule I drugs are those with the highest potential to create dependency issues and are considered to have “no currently accepted medical use.” As it stands, marijuana is a Schedule I drug, along with heroin, LSD and ecstasy. The Biden administration has proposed moving it down to Schedule III, which includes drugs such as ketamine, testosterone and Tylenol with codeine. The U.S. Department of Justice has recently proposed the rescheduling plan, which is currently pending public review under a 60-day commenting period. During a March 20 committee hearing on his bill, McMath said the medical marijuana program was always supposed to be a private industry. The idea to involve the universities was attached to the 2015 legislation in a late-hour floor amendment, he said. “It was never really their intention to be put into this bill,” McMath said. Even though the universities will no longer have to do any work with the program, they will still profit from it. Currently, the companies give 7 percent of their gross sales to the state. McMath’s bill dedicates 1 percent of that to each university and the remaining 5 percent to the Louisiana State Police. While the bill awaits the governor’s signature, state lawmakers are also on track to dismantle a consumable hemp industry they created two years ago after unwittingly legalizing recreational THC products that can get people high. That legislation, Senate Bill 237, sponsored by Sen. Thomas Pressly (R-Shreveport) is pending final consideration on the House floor. This story was first published by Louisiana Illuminator. Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process Photo courtesy of Chris Wallis // Side Pocket Images. The post Louisiana Medical Marijuana Farming Duties Would Transfer From Universities To Private Firms Under Bill On Governor’s Desk appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

California lawmakers have approved a bill to legalize cannabis cafes in the state, months after the governor vetoed a previous iteration of the proposal. The Assembly passed the legislation in a vote of 58-6 vote on Monday, sending it to the Senate for consideration. Assemblymember Matt Haney (D) is again sponsoring the proposal, which would allow on-site marijuana consumption at licensed businesses that could also offer non-cannabis food and non-alcoholic drinks and host live events such as concerts if they get permission from their local government. Gov. Gavin Newsom (D) vetoed the prior version, saying that while he appreciated that the intent was to “provide cannabis retailers with increased business opportunities and an avenue to attract new customers,” he felt “concerned this bill could undermine California’s long-standing smoke-free workplace protections.” “Protecting the health and safety of workers is paramount,” the governor said at the time. “I encourage the author to address this concern in subsequent legislation.” Speaking on the Assembly floor on Monday, Haney said the new legislation “supports our legal small businesses that just want to diversify their businesses and do the right thing.” “The illicit illegal market is continuing to grow and thrive while our legal cannabis market is struggling,” he said. “Small businesses and local governments that want to authorize simply allowing existing cannabis lounges—which already exist in law—to be able to serve food should be able to do so.” The lawmaker said he and other supporters of the current bill have been working to address the governor’s concerns with the prior version, saying that “we’ve already taken a number of amendments.” — Marijuana Moment is tracking more than 900 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. — New changes create a “separation,” he said, between public consumption spaces and back rooms of businesses where food is prepared or stored in order to better protection the health of workers in line with the governor’s concerns. The legislation would also allow local governments to decide whether to allow cannabis cafes to operate instead of automatically legalizing them statewide. The bill makes explicitly clear that hemp-based food items or drinks are not considered “non-cannabis” products that could be sold at the cafes. It also says that non-cannabis items “shall be stored and displayed separately and distinctly from all cannabis and cannabis products present on the premises.” The legislation would also allow live musical or other performances on the premises of a cannabis retailer in areas where on-site consumption is allowed. There have been examples of California businesses that have found workarounds to permit on-site consumption while making food available to guests—but they’ve operated in a grey area, partnering with separately licensed restaurants that receive the profits. Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process The post California Lawmakers Approve Bill To Legalize Marijuana Cafes, Months After Governor’s Veto Of Earlier Measure appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Biden administration’s proposed rule to federally reschedule marijuana has officially been posted, kicking off a public comment period that’s expected to elicit a major response from supporters and opponents of cannabis reform alike. About a week after President Joe Biden and the Justice Department both confirmed that they are seeking to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), the rule was published in the Federal Register on Tuesday. That initiates a 60-day public comment period, after which point there may be an administrative hearing to receive additional input before the rule is potentially finalized. Marijuana reform advocates and stakeholders have made clear that they intend to leverage the opportunity, with some planning to support the reclassification while others intend to call for descheduling cannabis altogether. Prohibitionists are expected to oppose the incremental policy change and seek to keep marijuana in Schedule I, and there’s also a looming threat of litigation. While DOJ will take all public comments submitted by July 22 into consideration as it weighs the reform, it said in the notice that one of the topics its especially interested in hearing about is the “unique economic impacts” of the rescheduling proposal given that state-level legalization has created a “multibillion dollar industry” that stands to benefit from possible federal tax relief under the reform. DOJ said “marijuana is subject to a number of State laws that have allowed a multibillion dollar industry to develop,” and the department “acknowledges that there may be large impacts related to Federal taxes and research and development investment for the pharmaceutical industry, among other things.” More broadly, the Federal Register notice says that “DOJ is seeking comment on the practical consequences of rescheduling marijuana into schedule III under the relevant statutory frameworks.” When Biden announced the administration’s rescheduling action last week, he described it as consistent with his belief that nobody should be jailed over cannabis possession. As a statutory matter, that wouldn’t necessarily apply with simple rescheduling because it’d remain federally illegal. But the White House has not publicly commented on the economic impacts of the incremental reform. On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that’s been legalized in some form in the vast majority of states. On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform. Key cannabis reform groups previewed their comment strategy to Marijuana Moment. NORML Deputy Director Paul Armentano said his organization “is in a unique position to mobilize interested parties to provide their perspectives throughout the public comment period.” “In particular, I think it is important that the voices of both physicians and patients are heard and considered, as the Justice Department clearly weighed the widespread acceptance of medical cannabis among those in the medical community and among those residing in medical use states in making their decision to reclassify,” he said. “In addition, NORML will be submitting our own comprehensive comments substantiating the evidentiary record that cannabis possesses accepted medical utility and comparatively low dependence liability,” Armentano said. “We will also be addressing a number of the issues raised by opponents, as well as the DEA, with respect to cannabis’ impact on public health and making it clear that such concerns do not warrant continuing to classify cannabis as a Schedule I substance.” “While NORML ultimately favors descheduling rather than rescheduling, we also understand that reclassification is associated both symbolic and tangible benefits to the cannabis community, both in the short-term and in the long-term,” he said. Cat Packer, director of drug markets and legal regulation at the Drug Policy Alliance, told Marijuana Moment that “it’s critically important that individuals and communities adversely and disproportionately impacted by cannabis criminalization and those that support federal marijuana decriminalization, make their voices heard in the public comment process.” “While rescheduling would continue federal marijuana criminalization, this public comment period provides an unprecedented opportunity for the public to demonstrate to federal leaders that rescheduling is not enough and to reiterate the public’s support for reforms beyond rescheduling, including legalization,” she said. “Even cannabis industry participants, who would benefit from Schedule III’s tax relief, have an opportunity to leverage this public comment process to bring attention to the harms of federal criminalization, those impacted and to advocate for reforms that would acknowledge, end and address the harms of criminalization and shift the federal government towards a federal framework that better promotes public health, public safety, equity and the will of the American people,” Packer said. Organizations that represent the interests of the marijuana industry are also planning to make their voices heard in the comment process. David Culver, senior vice president of public affairs, for the U.S. Cannabis Council, told Marijuana Moment that the group will be submitting a comment on the proposed rule “shortly.” “We plan to survey the far-reaching benefits of moving cannabis to Schedule III and highlight the rigor behind the scientific and legal analyses underpinning the shift,” he said. “And we’ll take the opportunity to thank President Biden and his administration for implementing the most significant cannabis reform in American history.” Adam Goers, Coalition for Cannabis Scheduling Reform, said that the rescheduling proposal “is built upon a foundation of unassailable scientific evidence,” adding that his organization will “use the public comment period to expand upon the overwhelming scientific case for Schedule III.” Prohibitionist organization Smart Approaches to Marijuana (SAM) told its supporters in a recent email blast that it is “working with an esteemed law firm specializing in administrative law to craft the strongest challenge possible.” “Together, we are working on our comment and content strategy which we will then ask you to help us with,” the group said. “This is a long game and we will have one shot to present our best arguments. It is better to put forth the strongest possible comment than to submit something quickly, so we do not anticipate having final guidance for you by Tuesday. But we are working overtime to equip you as soon as possible and hope to have it soon after the 60-day period begins.” SAM previously launched a fundraising effort in support of its plans to challenge the cannabis rescheduling move, including through potential litigation. DEA Administrator Anne Milgram has acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. Requests that a public hearing be held must be submitted by June 20. The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA. Biden has separately issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis. It should also be noted that, during his run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration. Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana Companies And Justice Department This Week The post Feds Begin Accepting Marijuana Rescheduling Comments, With Key Reform Groups Previewing How They Plan To Influence The Process appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The former U.S. drug czar under President Barack Obama expressed skepticism of marijuana’s medical value and the Biden administration’s move to federally reschedule cannabis in a new interview, warning of ominous industry influence over politicians and the country’s medical review process. “It’s not medicine,” said former Director of the Office of National Drug Control Policy (ONDCP) Gil Kerlikowske, speaking on the podcast of former U.S. Rep. Mary Bono (R). “This is all Big Cannabis,” he added. “This isn’t people my age that are just old hippies that want to open up a pot shop somewhere. This is a huge business like Big Tobacco. Absolutely.” Kerlikowske—also a former commissioner of U.S. Customs and Border Protection (CBP) and police chief in Seattle and other cities—was responding to a question from Bono about the opioid industry, specifically the drugmaker Purdue Pharma, and its role in the nation’s ongoing opioid overdose crisis. “What you and I observed, I think with pretty good front row seats, was the Purdue business dealings and the Purdue ethos—the way Purdue decided to do business—which made this challenge and this problem so difficult,” Bono said. “Do you think we could see something like another Purdue Pharma business model again?” “Well, in a way I think we’re also seeing a bit of that now with the marijuana industry, and the fact they want to reschedule,” Kerlikowske replied. “And it looks like that could certainly happen.” He seemed to accuse “Big Cannabis” of being behind the Department of Health and Human Services (HHS) finding that cannabis has accepted medical value and should be placed in Schedule III of the Controlled Substances Act (CSA), noting that an earlier HHS review of marijuana’s scheduling status denied its medical efficacy. “Health and Human Services, although three years earlier decided not to reschedule it, because there was no evidence of its health,” he said, “now they turned around three years later and want it rescheduled, and it looks like the Department of Justice will go along with it.” Bono herself offered that “the street-level dealer is no longer just some…hippie.” “It is now a member of a cartel and a part of organized crime,” the former congresswoman said, “and the whole business, if people truly knew what was behind it, they would be shocked.” It was an honor to have President Obama's "Drug Czar" on Sagely Speaking with Mary Bono. Gil Kerlikowske and I worked together very well. In fact, he visited my congressional district and sent funds to us to create a Drug Free Communities coalition ~ listen here… — Sagely Speaking with Mary Bono (@sagelyspeaking) May 15, 2024 Later in the podcast, when Bono asked about the politics of marijuana policy, Kerlikowske again referenced the industry’s political influence. “I mean, you had the former speaker of the House, John Boehner, supporting this issue on marijuana, and there was a lot of money,” he said. “I mean, it is just like watching Big Tobacco all over again on that.” In his role as chief of police in Seattle, Kerlikowske opposed a 2003 ballot initiative that instructed the Seattle Police Department to consider marijuana possession its lowest enforcement priority. In 2019, following his exit from government, he told lawmakers in Mexico, who at the time were considering an end to prohibition in that country, that they would need “robust regulations” in place. Yet he also acknowledged that state-level legalization in the U.S. had reduced the “appetite” for drugs that are trafficked illegally across the border. The latest CBP data show that marijuana intercepted at the southern border recently fell to record lows. At the time, the comments were seen as noteworthy given that Kerlekowski had previously said the word “legalization” was not in his vocabulary—nor in Obama’s. His latest comments come amid an announcement from the Biden administration that the federal government intends to reschedule marijuana from Schedule I to the less-restrictive Schedule III of the CSA. The action is being largely praised as a historic step in the right direction, with the federal government recognizing for the first time in over 50 years that cannabis has accepted medical value and a lower abuse potential than other drugs in Schedule I such as heroin. On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged the Drug Enforcement Administration (DEA) to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform. DEA Administrator Anne Milgram has also acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA. Biden has separately issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis. During his last run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration. 69% Of American Voters—Including Majority Of Republicans—Support Marijuana Legalization, Fox News Poll Finds Photo courtesy of Philip Steffan. The post Former Obama Drug Czar Says Marijuana Is ‘Not Medicine’ And That ‘Big Cannabis’ Is Behind Federal Rescheduling Decision appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Dem senator’s SAFE Banking concerns; FL & LA legalization developments; Fed lawsuit hearing; DE & OH marijuana licenses; Study: Cannabis & exercise 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… Before you dig into today’s cannabis news, I wanted you to know you can keep this resource free and published daily by subscribing to Marijuana Moment on Patreon. We’re a small independent publication diving deep into the cannabis world and rely on readers like you to keep going. Join us at https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The Department of Justice is seeking input on the “unique economic impacts” of its marijuana rescheduling proposal for the “multibillion dollar” cannabis industry—including the tax relief that Schedule III will bring when the 280E provision no longer applies. A judge granted marijuana businesses’ request that a Wednesday hearing in a lawsuit seeking to block federal enforcement against their in-state activities be available to the public via remote access. Sen. Raphael Warnock (D-GA)—who was the only Democrat to vote against a marijuana banking bill in committee—said he supports the reform but has continued “concern” that as it gets “closer to getting over the finish line” there are still no criminal justice reforms attached. Trulieve CEO Kim Rivers said Florida Gov. Ron DeSantis (R) will respect voters’ decision if they approve the marijuana legalization initiative on the November ballot—even though he is currently campaigning against it and the state’s chief financial officer is arguing that a recent deadly car accident is an example of why voters should reject the reform. The Louisiana House of Representatives rejected a bill to create a regulatory framework for marijuana legalization, which would have been the first measure in a three-part plan to end cannabis prohibition in the state. Delaware lawmakers filed a new bill to let current medical cannabis businesses apply by August 1 to convert to dual licensees that could serve both patients and recreational consumers—but only if they have a labor peace agreement and plan to support social equity, among other requirements. A new study found that marijuana use does not make people less likely to engage in moderate or vigorous exercise and actually slightly increases light physical activity. “Our findings provide evidence against existing concerns that cannabis use independently promotes sedentary behavior and decreases physical activity… The stereotypical ‘lazy stoner’ archetype historically portrayed with chronic cannabis use does not acknowledge the diverse uses of cannabis today.” Ohio medical cannabis businesses are preparing to apply for licenses to begin selling recreational marijuana as soon as next month under newly approved rules. / FEDERAL Former President Donald Trump is demanding that President Joe Biden take a drug test ahead of their first debate. Vice President Kamala Harris tweeted, “Marijuana is currently classified on the same level as heroin and as more dangerous than fentanyl. We are on the path to changing that.” Current and former Drug Enforcement Administration officials discussed the Biden administration’s move to reject the agency’s request for more time to consider a marijuana rescheduling proposal. Senate Banking, Housing and Urban Affairs Committee Chairman Sherrod Brown (D-OH) tweeted, “It’s time to legalize marijuana across the country.” Sen. James Lankford (R-OK) tweeted about meeting with Oklahoma agriculture leaders, saying that “local law enforcement also shared with us the risks facing OK ag & national security from illegal marijuana operations & foreign land ownership.” Rep. Nancy Mace (R-SC) tweeted, “Just in time for the election, @POTUS has rescheduled marijuana. While this is great news, it only scratches the surface of the industry’s challenges such as access to loans & banking services. Let’s roll up (our sleeves) & get to work!” / STATES Maryland Gov. Wes Moore (D) signed a kratom regulation bill. California’s treasurer attended the ribbon cutting of a new marijuana cultivation campus in Coachella. Minnesota lawmakers sent Gov Tim Walz (D) legislation to provide legal immunity for people seeking medical assistance for someone experiencing a drug-related overdose. The West Virginia legislature’s Joint Judiciary Committee held a hearing on the regulation of hemp, kratom and THC products. A Pennsylvania appeals court overturned a workers compensation judge’s decision upholding the denial of reimbursement for medical cannabis costs. Rhode Island regulators are being sued over the state’s marijuana social equity business rules. Vermont regulators posted a reminder about seasonal restrictions on artificial lighting in cannabis cultivation. Utah regulators published an overview of changes to medical cannabis laws enacted during the 2024 legislative session. The Michigan Cannabis Regulatory Agency will hold a public meeting on September 11. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL Birmingham, Alabama’s mayor spoke about the positive impact of the Biden administration’s marijuana moves. The Providence, Rhode Island City Plan Commission is expected to consider a proposal to allow marijuana businesses to operate in more areas on Tuesday. / INTERNATIONAL The co-chair of a Bahamian government marijuana commission expressed concern that weak enforcement could spur the illegal market. / SCIENCE & HEALTH A review concluded that CBD is a “promising tool for refractory epilepsy in pediatric patients, showing efficacy in reducing seizure frequency and improving overall quality of life.” A review concluded that “CBD can exert its antitumor effect by regulating the cell cycle, inducing tumor cell apoptosis and autophagy, and inhibiting tumor cell invasion, migration, and angiogenesis.” / ADVOCACY, OPINION & ANALYSIS A poll of Thailand residents found that 76 percent agree with the government’s plan to recategorize marijuana as a narcotic. Here’s a look at the evolution of marijuana reform funding as the legalization movement has expanded. / BUSINESS Eaze is facing foreclosure. Agrify Corporation and Nature’s Miracle Holdings Inc. agreed to terminate a planned merger. Glass House Brands Inc. has a new board of directors member. / CULTURE Musician Noel Gallagher said the UK should legalize marijuana and use the revenue to fund the National Health Service. 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 DOJ weighs cannabis economic impact of rescheduling (Newsletter: May 21, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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House lawmakers in Louisiana rejected legislation on Monday that would have laid out a regulatory framework for legalizing adult-use marijuana in the state, voting 57–37 against the proposal from Rep. Candace Newell (D). The measure, HB 978, would not have legalized cannabis itself. Rather, it would have begun establishing a regulatory system that would take effect if either the state or the federal government later legalized marijuana for adults. “The bill does not legalize recreational marijuana,” Newell told colleagues ahead of the floor vote, describing legislation as a sort of trigger law. “This is a regulation structure that I would like to see Louisiana put in place in preparation for having recreational marijuana legalized on the federal level or on the state level.” “Oftentimes,” she added, lawmakers “have put in place regulation structures—trigger laws—that have been in place just in case our federal government does make some changes.” Opponents, however, said they were against legalizing marijuana and couldn’t support a regulatory bill. Rep. Laurie Schlegel (R), who introduced an amendment that was adopted to delay the bill’s effect until a separate law taxing marijuana were adopted, said she wouldn’t vote for HB 978 itself, “just to be transparent, because I do not believe in legalizing recreational marijuana.” Fellow Republican Rep. Polly Thomas, who also opposed the bill, suggested to Newell that the ostensibly minor change of setting up a regulatory structure would ultimately open the door to broader reform. “Are you familiar with the phrase ‘the camel’s nose under the tent’?” she asked Newell. “No, I am not,” the bill’s sponsor replied. “OK, would you like for me to explain it?” Thomas inquired. “I don’t think I do,” Newell said. “OK, well,” Thomas paused. “I, like Rep. Schlegel, will not be voting for this bill.” “You told me several times,” interjected Newell. “Yeah, well, I’m gonna tell you ever time that I possibly can,” Thomas shot back. Supporters in the legislature planned to implement legalization in Louisiana in three parts: pass a regulatory measure this year, then work next year to advance separate bills to legalize adult possession and create a marijuana sales tax. “We do not have a tax structure in place right now for this because this was not the legislative year to bring a tax,” Newell explained. “So I have not had the opportunity—nor have any of you had the opportunity—to put in a tax structure.” Getting the regulatory measure through the state’s conservative legislature would have been a significant win for advocates, and it would have set lawmakers up to better define what their program might look like in the next session. Kevin Caldwell, Southeast legislative manager for the group Marijuana Policy Project, said he’ll keep working to build support among lawmakers through this year and into the next legislative session. “We will continue to push the legislature to honor the wishes of the people of Louisiana who, in poll after poll, say they want to end cannabis prohibition,” Caldwell told told Marijuana Moment. While another regulatory bill, HB 707, is technically still alive this session, it’s not yet clear whether that alternative proposal will receive a vote or even a hearing before lawmakers adjourn for the year. It includes a more permissive regulatory structure, including a provision that would allow home cultivation. HB 978, the bill rejected by the House on Wednesday, would have authorized the Louisiana Department of Health to issue up to 10 production facility licenses. The commissioner of the office of alcohol and tobacco, meanwhile, would have been able to issue up to 40 retail licenses. Retailers could have sold up to one ounce of marijuana or marijuana products to adults 21 and older, though selling on the internet, offering any products or services other than cannabis and any alcohol- or tobacco-containing products would be forbidden. Providing or permitting entertainment, or permitting prostitution on the premises, would also be explicitly disallowed. Anyone owning 5 percent or more of a production business would have needed to pass a background check, and anyone licensed or contracted to cultivate, process, transport or sell marijuana would be disqualified if they have been convicted or pleaded no contest to theft, illegal possession of stolen goods, fraud, violence or any offenses involving Schedule I drugs that are not marijuana. Application fees for production licenses would have been capped at $2,500, while license fees would not exceed $100,000 annually. Licensees would also have needed to pay a “suitability” fee to the Louisiana State Police’s gaming enforcement section and a $50 permit fee for each employee. An amendment adopted on the floor on Monday would have allowed regulators to set licensing fees in addition to making a number of technical changes to the bill. Retail licenses would carry an initial $100,000 permit fee and incur an annual renewal fee of $50,000. People would need to be 21 to own, work at or enter a retail establishment. License holders could sell their production licenses only to individuals who’ve lived in the state for at least five years or to a group at least 51 percent owned by Louisiana residents. Fines and penalties for violations around the law range from $2,500 to $10,000 and six months to five years behind bars. Lawmakers in a House committee passed the other marijuana regulatory bill last month. That legislation, which also would not itself legalize cannabis, would establish an adult-use cannabis program under the Louisiana Department of Health. Unlike HB 978, it would not set a limit on the number of dispensaries or producers that regulators could license. — Marijuana Moment is tracking more than 1,500 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. — Adults could also grow marijuana at home for personal use under the other bill, HB 707. After obtaining a permit, they would be able to cultivate up to six plants per person, with a maximum of 12 plants per household. There would be a $75 annual fee for the permit. As it stands in Louisiana, possession of up to 14 grams (or half an ounce) of marijuana is decriminalized, punishable by a $100 fine without the threat of jail time. Last year, former Gov. John Bel Edwards (D) also signed into law a measure that was designed to streamline expungements for people with first-time marijuana possession convictions. Whether current Gov. Jeff Landry (R) will be willing to sign into law any legislation moving the state toward adult-use legalization is another question. While his Democratic predecessor approved more incremental steps and acknowledged legalization as inevitable, he consistently said the state would not legalize under his tenure. Seven in 10 Louisianans support legalizing recreational marijuana possession for adults—and nine in 10 back medical cannabis legalization—according to a survey released last year. While marijuana legalization has stalled in the Louisiana legislature, there have been efforts to end prohibition and tax cannabis sales that have moved without being enacted. For example, a comprehensive legalization measure and complementary cannabis tax bill from Rep. Richard Nelson (R) advanced through committee before the tax proposal was rejected on the House floor in 2021, torpedoing the broader measure’s chances. Lawmakers have also taken several steps to reform other cannabis laws and build on the state’s medical marijuana program in recent sessions. In 2022, for example, the former governor signed a slew of marijuana reform bills, including one key measure that would expand the number of medical dispensaries that can operate in the state and another to prevent police from searching people’s homes over the smell of cannabis. Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana Companies And Justice Department This Week The post Louisiana House Rejects Bill That Would Have Set Up Marijuana Regulations In Advance Of Adult-Use Legalization appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A federal judge has granted marijuana companies’ request to allow public access to a hearing this week in a key case where they’re seeking to shield in-state cannabis activity from federal enforcement. Three days after the cannabis firms made the request—without opposition from the Justice Department—the U.S. District Court for the District of Massachusetts’s Western Division has now agreed to make Wednesday morning’s hearing accessible via phone and/or online streaming. Details on how interested parties can tune in are not yet available. Attorneys for the plaintiffs had argued that the “dispute involves questions of public concern,” noting that they’ve “received a number of requests from members of the press who are seeking means to observe the hearing remotely because they are unable to attend the hearing.” The suit against the federal government—Canna Provisions v. Garland—is being led by multi-state operator Verano Holdings Corp. and the Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO Gyasi Sellers. Plaintiffs are represented by the law firms Boies Schiller and Flexner LLP and Lesser, Newman, Aleo and Nasser LLP. Litigator David Boies—whose list of prior clients includes the Justice Department, former Vice President Al Gore and plaintiffs in the case that led to the invalidation of California’s ban on same-sex marriage—is leading the suit. While the overarching case centers around the plaintiffs’ arguments about the government’s authority to enforce prohibition for intrastate cannabis activity, Wednesday’s hearing will more narrowly focus on DOJ’s motion to dismiss the lawsuit. Judge Mark G. Mastroianni, an Obama appointee, didn’t weigh in on the merits of the plaintiffs’ request for public access to the hearing but simply granted it in an electronic order on Monday. The cannabis businesses have said in their lawsuit against the federal government that the prohibition of marijuana has “no rational basis,” pointing to officials’ largely hands-off approach to the recent groundswell of state-level legalization. At issue in the case is the degree to which in-state cannabis activity affects interstate commerce, with the government arguing that cannabis legalization attracts out-of-state tourists. DOJ argued in a filing last month that “it is rational to conclude that the regulated marijuana industry in Massachusetts fuels a different kind of marijuana-related interstate commerce: marijuana tourism.” “As the Supreme Court held decades ago, Congress has the authority to regulate businesses that cater to tourists from out of state, even if the businesses’ transactions occur wholly in-state,” DOJ said in the brief. Plaintiffs, meanwhile, contend the Constitution’s Commerce Clause should preclude DOJ from interfering in state-legal activity because it is regulated within a state’s borders. The filing of the latest motion comes just shortly after the President Joe Biden announced that his administration is formally moving to reschedule marijuana, with a proposal set to be published in the Federal Register this Tuesday to place cannabis in Schedule III of the Controlled Substances Act (CSA). Attorney General Merrick Garland, a chief defendant in the marijuana industry litigation, signed off on the proposed rule last Thursday. But reclassifying cannabis as Schedule III would not federally legalize it, so it seems unlikely that rulemaking will influence DOJ’s position in the federal court case at hand. Delaware Marijuana Sales Could Launch This Year Under New Bill To Allow Dual Licenses For Medical Cannabis Operators Photo elements courtesy of rawpixel and Philip Steffan. The post Federal Judge Grants Public Access To Lawsuit Hearing Between Marijuana Companies And Justice Department This Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

As Delaware prepares to launch its adult-use marijuana market, bicameral lawmakers have introduced a new bill that would allow existing medical cannabis businesses to convert to dual licensees that could serve both patients and recreational consumers starting this year—months earlier than the current sales timeline. The legislation is being sponsored by Rep. Ed Osienski (D) and Sen. Trey Paradee (D), who championed the legalization law that’s being implemented and have taken a number of steps to build upon the reform this session. HB 408 would create a “conversion license” category, laying out requirements for medical cannabis businesses to apply and also stipulating that the applicants who are denied due to local bans can apply for general licenses for a new location, which must be approved as long as they meet the requirements. Prospective conversion licensees would have to demonstrate that they can continue to meet demand among patients, show plans to support the state’s social equity program and enter into a labor peace agreement with a “legitimate” union, for example. “As Delaware moves closer to the launch of recreational marijuana sales, it’s important that we continue exploring and implementing policies that will bolster the program’s success and support both new and existing retailers,” Osienski said in a press release on Friday. “Our experienced compassion centers are well-equipped to navigate this transition, and the funds generated from their conversion license fees will serve as a vital funding source for social equity applicants, empowering them to kickstart their ventures,” he said. Under the legislation, the Delaware Office of the Marijuana Commissioner (OMC) would need to open applications for conversion licenses by August 1, 2024. The application window would close on November 1, 2024. Conversion licensees could start selling cannabis upon approval. The licenses would expire after four years, but businesses could apply for general licenses prior to that expiration. There would be a $100,000 license fee, and revenue would be used to provide financial assistance to social equity applicants seeking conditional licenses. “For us, passing the Marijuana Control Act was always about our desire to replace an illegal market that has overwhelmed our court system and damaged lives with a legal, regulated and responsible industry that will create thousands of good-paying jobs in Delaware,” Paradee, the Senate sponsor of the legislation, said. “We also need to protect the jobs created by our compassion centers, who have already put in the hard work of standing up an industry and have the capacity and infrastructure to meet demand on Day 1,” he said. “House Bill 408 will give Delaware’s existing marijuana-related business an avenue to enter Delaware’s new recreational market in a way that will also help the communities most harmed by the war on drugs take advantage of the startup opportunities created by Delaware’s new recreational marijuana law,” Paradee added. — Marijuana Moment is tracking more than 1,500 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. — The bill has been referred to the House Economic Development/Banking/Insurance and Commerce Committee. The measure’s introduction comes about two months after the legislature approved a separate bill, which was also sponsored by Osienski, that would significantly expand Delaware’s medical marijuana program. It’s currently pending action by Gov. John Carney (D), who allowed the underlying legalization law to take effect without his signature last year. The legislation would remove limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors could issue marijuana recommendations for any condition they see fit. It would also allow patients over the age of 65 to self-certify for medical cannabis access without the need for a doctor’s recommendation. A Delaware Senate committee separately passed a House-approved bill last month that would enact state-level protections for banks that provide services to licensed marijuana businesses. All of this comes as regulators are rolling out a series of proposed regulations to stand up the forthcoming adult-use cannabis market. The current timeline puts the launch of the market at March 2025, according to Delaware Marijuana Commissioner Robert Coupe. DeSantis Will Respect Florida Voters’ Legalization Decision At The Ballot Even As State Officials Urge Opposition, Marijuana Company CEO Says The post Delaware Marijuana Sales Could Launch This Year Under New Bill To Allow Dual Licenses For Medical Cannabis Operators appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The CEO of a major marijuana company says she’s confident Florida Gov. Ron DeSantis (R) will respect the will of the people and implement a legalization initiative if voters approve it at the ballot this November—even if he is currently campaigning against it and as another top state official is arguing that a recent car crash allegedly involving cannabis is reason to vote against the measure. Kim Rivers, the chief executive of the multi-state cannabis operator Trulieve that’s financially supporting the Smart & Safe Florida campaign, also discussed efforts to strategically target advertisements to build support for the legalization measure amid recent polling that has cast doubts on its prospects of passage. In an interview with The Dales Report on Friday, Rivers again challenged surveys that have been released in the weeks since the Florida Supreme Court cleared the initiative for ballot placement. She reiterated that internal polls show the measure passing with a comfortable margin, despite the steep 60 percent threshold required to approve a constitutional amendment. Asked about DeSantis’s recent comments opposing the proposal, Rivers said she isn’t convinced that the governor’s position is “100 percent policy-based,” and the campaign may be facing the criticism because its a “byproduct” of the administration’s opposition to a separate abortion rights measure that the court also allowed to appear on the ballot following an unsuccessful challenge. “I think there’s a lot of strategic conversation right now happening on abortion, and then I think that we’re a little bit of a byproduct of that,” she said. “I do think that Governor DeSantis historically has been absolutely a man who I think will continue to stand behind the will of the people once they’ve spoken.” “Look, I mean, getting over 60 percent of the electorate to vote in favor of anything is a tall feat,” Rivers said, adding that “we will have to go through implementation, but I do not expect or anticipate that Governor DeSantis would put up massive roadblocks post-approval in November.” She also discussed the recent launch of several advertisements in support of the campaign that are meant to educate voters and help close the gap ahead of Election Day. She said the media campaign “is primarily focused in certain areas of the state where we know, based on our data analytics, that there are a lot of folks who are persuadable.” “Really, right now, we’re leaning into those messages that we’ve already test-messaged with a series of polls and questions and focus groups to just see, again, are they actually effective and moving folks off of maybe a likely yes or a neutral to all the way yes or in-the-bank voters,” she said. “So right now the goal for the short-term is to increase that number of in-the-bank voters—to get that as high as possible.” “We know during campaigns that once negative advertising starts, the number will naturally slip some, so you want to have that starting point as high as possible,” she said. Thank you to @TheDalesReport for having me on this morning to talk Schedule 3, #YesOn3 campaign in Florida and of course all things @Trulieve! And if you want to get involved in the Florida movement for cannabis access please follow @SmartandSafeFl and sign up for alerts and… https://t.co/IWiFKNIFED — Kim Rivers (@rivers_kim) May 17, 2024 Smart & Safe Florida separately announced in March that it was working to form a coalition of veterans to build voter support for the reform, and the campaign has since formally launched that initiative. While opposition advertising might not have launched yet, state officials have made clear that they’re against the legalization measure. That includes, most recently, Florida Chief Financial Officer Jimmy Patronis (R). Speaking with WESH 2 News last week, Patronis said a recent vehicular accident that killed eight people, involving a driver who allegedly used marijuana and various prescription drugs including a benzodiazepine, should motivate people to vote against the cannabis measure. “There are eight lives that are never going to see their parents again because somebody was abusing a substance that he may have even gotten illegally,” he said, adding that while he recognized the medical value of cannabis for certain patients, he’s a “hard no” on adult-use legalization. “I would err on the side of caution and vote no. Right now, just allowing the voters to go and make it recreational,” he said. “To me, that’s like giving a 9-year-old kid the keys to the candy store. They will abuse it and take advantage of it in ways that are not in the best interest of their well-being.” The Florida Republican Party also officially come out against a marijuana legalization initiative this month, clearing the way for DeSantis to raise money to fund an opposition campaign against the measure. DeSantis also previously predicted voters will reject the marijuana initiative in November and argued that passage would “reduce the quality of life” in the state. Whether the officials’ comments against the measure sway voters in a meaningful way is yet to be seen. But while the campaign and companies backing the measure remain optimistic about its prospects this November, recent surveys continue to raise questions about that possibility. For example, a survey that was done for the Florida Chamber of Commerce by Cherry Communications found that 58 percent of Florida likely voters back the legalization measure, compared to 37 percent who oppose it and five percent who are undecided. As Rivers pointed out last week, however, the chamber has actively opposed the initiative. While the campaign hasn’t shared its internal polling, it is the case that prior surveys have shown the initiative in a more comfortable position than the two most recent public polls did. A University of North Florida (UNF) poll released last November found nearly 70 percent of voters are in favor of the reform, for example. — Marijuana Moment is tracking more than 1,500 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. — Economic analysts from the Florida legislature and DeSantis’s office, estimate that the marijuana legalization initiative would generate between $195.6 million and $431.3 million in new sales tax revenue annually if voters enact it. Those figures could increase considerably if lawmakers opted to impose an additional excise tax on cannabis transactions that’s similar to the ones in place in other legalized states. If approved, the measure would change the state Constitution to allow existing medical cannabis companies in the state, such as Trulieve, the campaign’s main financial contributor, to begin selling marijuana to all adults over 21. It contains a provision that would allow—but not require—lawmakers to take steps toward the approval of additional businesses. Home cultivation by consumers would not be allowed under the proposal as drafted. Adults would be able to purchase and possess up to one ounce of cannabis, only five grams of which could be marijuana concentrate products. The three-page measure also omits equity provisions favored by advocates, such as expungements or other relief for people with prior cannabis convictions. Nearly all of the campaign’s financial backing has come from existing medical marijuana businesses, predominantly multi-state operators. Recently, the Florida Division of Elections (DOE) released the campaign finance activity report from the first quarter of the year, showing nearly $15 million in new contributions. Trulieve, the main financial backer of the initiative, led the pack again with $9.225 million in donations during the first quarter. That follows the company previously contributing about $40 million as advocates worked to collect more than one million signatures to qualify for ballot placement. The company’s CEO also said recently that, contrary to the governor’s claims, legalization could actually “improve quality of life” for residents. Here’s what the Smart & Safe Florida marijuana legalization initiative would accomplish: Adults 21 and older could purchase and possess up to three ounces of cannabis for personal use. The cap for marijuana concentrates would be five grams. Medical cannabis dispensaries could “acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use.” The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries. The initiative specifies that nothing in the proposal prevents the legislature from “enacting laws that are consistent with this amendment.” The amendment further clarifies that nothing about the proposal “changes federal law,” which seems to be an effort to avoid past legal challenges about misleading ballot language. There are no provisions for home cultivation, expungement of prior records or social equity. The measure would take effect six months following approval by voters. Here’s the full text of the ballot title and summary: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.” Despite his opposition to the initiative, DeSantis, a former GOP presidential candidate who dropped out of the race in January, previously accurately predicted that the state’s highest court would ultimately allow the measure on November’s ballot. DeSantis also weighed in on another relevant cannabis policy issue earlier this year when, while still a presidential candidate, he said that he doesn’t believe the federal gun ban for state-legal marijuana consumers is constitutional. Florida’s former agriculture commission, Nikki Fried, brought a lawsuit against the Biden administration over the rule, though the governor did not get involved. Prior to dropping out, DeSantis also said that if elected president, he would “respect the decisions that states make” on marijuana legalization despite his personal view that the reform has a “negative impact.” Democratic Senator Who Voted Against Marijuana Banking Bill Voices Continued ‘Concern’ With Lack Of Criminal Justice Reform Photo courtesy of Philip Steffan. The post DeSantis Will Respect Florida Voters’ Legalization Decision At The Ballot Even As State Officials Urge Opposition, Marijuana Company CEO Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A Democratic senator who voted against a marijuana banking bill in committee last year says he does support the reform but wants to ensure that communities most impacted by cannabis prohibition are not left behind if it’s enacted. Sen. Raphael Warnock (D-GA), the lone Democrat to oppose the Secure and Fair Enforcement Regulation (SAFER) Banking Act when it was taken up by the Senate Banking Committee last September, weighed in on the legislation and recent administrative rescheduling announcement during an interview on MSNBC on Saturday. Warnock appeared less critical of the measure than he did at the time of the committee markup, where he cast the protest vote because he said it did not adequately address the consequences of the war on drugs, while benefitting the cannabis industry. He sought to amend the bill, but his proposals were not ultimately adopted. Even so, he said in the new interview that “I support the efforts to make it easier for folks who are engaged in cannabis research—for those who are involved in this emerging industry—to be able to participate.” However, he said his “concern” is still rooted in the fact that “entire blocks and sections of cities all across our country have been hollowed out by the war on drugs.” “And so my concern is that, as we move this SAFER Banking legislation closer to getting over the finish line, that we don’t leave these communities behind,” Warnock said. “It makes no sense that you literally have people locked up in our prisons and in our jails right now for things the last a couple of American presidents have admitted to doing.” “Black communities have seen far more devastation from the enforcement of marijuana than the drug itself,” he said, adding that the Biden administration’s move to reclassify cannabis as a Schedule III drug “is a step in the right direction.” “But a lot of this happens at the state level,” the senator said. “I think it’s important that the president has set a tone for this to happen, but there’s a lot more work to be done.” It’s unclear whether Warnock would cast another protest vote if the SAFER Banking Act is taken up on the floor, as Senate Majority Leader Chuck Schumer (D-NY) has repeatedly described as a priority. But the leader has also discussed his intent to add criminal justice reform provisions, including by attaching language from a bipartisan bill that would incentivize state-level cannabis expungements. Meanwhile, the head of the Internal Revenue Service (IRS) said earlier this month that marijuana industry banking access would make the agency’s job easier, and officials “shouldn’t just sit on our hands” as the federal government moves to reschedule cannabis. Also, a former GOP congressman said this month that he expects Republicans will be “more comfortable voting yes” for incremental marijuana reform measures like the banking access bill for the industry now that the administration is officially pursuing rescheduling. Senate sources have indicated that Senate Minority Leader Mitch McConnell (R-KY) is again fighting against the SAFER Banking Act, however, raising questions about its path to passage despite the sizable bipartisan support it enjoys. DOJ Seeks Input On ‘Unique Economic Impacts’ Of Marijuana Rescheduling For ‘Multibillion Dollar Industry’ Photo courtesy of Chris Wallis // Side Pocket Images. The post Democratic Senator Who Voted Against Marijuana Banking Bill Voices Continued ‘Concern’ With Lack Of Criminal Justice Reform appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“We’re excited to serve Ohioans that are just looking for a good time or perhaps responsibly as an alternative to alcohol or something to help them sleep.” By Megan Henry, Ohio Capital Chronicle Ohio medical marijuana companies are gearing up to begin the process of entering the recreational marijuana business. The Joint Committee on Agency Rule Review (JCARR) recently approved regulations from the Division of Cannabis Control—meaning dispensaries can start applying for a recreational license in the coming weeks and sales could begin as soon as sometime in June. “We will as soon as possible put in our application for dual use operations at all of our active licenses,” said Brandon Nemec, PharmaCann’s government and regulatory affairs director. PharmaCann is a Level I medical marijuana cultivation facility in Licking County. They have three dispensaries in Ohio—Cincinnati, Hillsboro and Wapakoneta. “We are prepared at the production level to submit our applications and work with the regulators to begin operations,” Nemec said. The applications aren’t available just yet. The DCC needs to file the rule in final form with JCARR, the Legislative Service Commission and the Secretary of State’s office by Wednesday. Then applications will be available before June 7. Medical marijuana dispensaries can apply for a dual license so they can also sell recreational marijuana. There will also be applications available for companies that only want to sell recreational marijuana. Selling marijuana recreationally will cut down on the illicit market, said Adam Goers, senior vice president of Corporate Affairs for the Cannabist Company. “It is a long time coming,” he said. “The illicit marketplace is going to be displaced.” Goers is looking forward to being able to sell to Ohioans who didn’t want to go through the process of getting a medical marijuana card. The Cannabist Company, headquartered in New York, has locations in Dayton, Logan, Marietta, Monroe and Warren. “We’re excited to serve Ohioans that are just looking for a good time or perhaps responsibly as an alternative to alcohol or something to help them sleep,” he said. Ohioans voted to pass Issue 2, making it legal for adults 21 and older to smoke, vape, and ingest weed. People can also grow up to six plants with up to 12 per household. “It’s amazing to see the voters put their voice behind this and for the state and the regulators to follow through as they have,” Nemec said. Reclassifying marijuana This comes as the U.S. Drug Enforcement Administration announced it will reclassify marijuana from a Schedule I to Schedule III drug. “Finally the federal government is acknowledging that cannabis has medical value, something that tens of millions of Americans could tell you,” Goers said. Schedule I drugs have no accepted medical use and come with a high potential for abuse whereas Schedule III drugs have a moderate to low potential for physical and psychological dependence. Marijuana will remain illegal at the federal level, but reclassifying would have an impact on states like Ohio that have legalized recreational cannabis. “The most tangible difference it’s going to make and it is, I think, a significant tangible difference is it changes the tax reality for cannabis businesses,” said Doug Berman, executive director of the Drug Enforcement and Policy Center at Ohio State University. The marijuana industry has had to deal with more burdensome federal tax treatment than other businesses because it’s been a Schedule I drug, Berman said. “The big deal about the move from Schedule I to Schedule III is that will remove that tax problem so that basically, marijuana businesses will be able to deduct their costs from their profits, like any other business,” he said. Changing the tax structure for marijuana could mean more people want to get in the marijuana industry, Berman said. The higher taxes have caused marijuana businesses to sometimes pass on the costs to consumers, so reclassifying marijuana could mean folks see lower prices, Berman said. “I think the tax piece of it will likely benefit consumers looking for a more affordable product,” he said. This story was first published by Ohio Capital Chronicle. Marijuana Use Linked To Increase In Light Physical Activity, Study Challenging ‘Lazy Stoner’ Stereotype Finds Photo courtesy of Brian Shamblen. The post Ohio Medical Cannabis Businesses Can Soon Apply For Licenses To Sell Recreational Marijuana appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The Justice Department says it is interested in receiving public comments on the “unique economic impacts” of its marijuana rescheduling proposal given that state-level legalization has created a “multibillion dollar industry” that stands to benefit from possible federal tax relief under the reform. In its notice of proposed rulemaking that’s set to be published in the Federal Register on Tuesday, DOJ said “marijuana is subject to a number of State laws that have allowed a multibillion dollar industry to develop,” and the department “acknowledges that there may be large impacts related to Federal taxes and research and development investment for the pharmaceutical industry, among other things.” The Justice Department’s move to place cannabis in Schedule III, rather than Schedule I, of the Controlled Substances Act (CSA) has already generated intense public interest. And the 60-day public comment period that will formally open this week is expected to see a wide-range of feedback from advocates, stakeholders, opponents and others. But DOJ said in its draft notice posted on Thursday that it is “specifically soliciting comments on the economic impact of this proposed rule. DOJ will revise this section at the final rule stage if warranted after consideration of any comments received.” The department also said it’s “concluded that this action may have a significant economic impact on a substantial number of small entities,” in large part because a current ban that prevents state-licensed cannabis businesses from taking federal tax deductions under an Internal Revenue Service (IRS) code known as 280E “would no longer serve as a statutory bar” if marijuana is moved to Schedule III. “If marijuana is ultimately transferred to schedule III, section 280E would no longer serve as a statutory bar to claiming deductions for those expenses.” “In addition, small entities engaged in research on marijuana may be subject to different research protocols set by [the Drug Enforcement Administration] DEA if the research is conducted on a schedule III substance rather than a schedule I substance,” the notice says. “However, DOJ is currently not in a position to estimate the number of small entities affected by these or other potential effects of this action. DOJ seeks comment and additional information to inform its analysis.” When President Joe Biden announced the administration’s rescheduling action on Thursday, he described it as consistent with his belief that nobody should be jailed over cannabis possession. As a statutory matter, that wouldn’t necessarily apply with simple rescheduling because it’d remain federally illegal. But the White House has not publicly commented on the economic impacts of the incremental reform. On the one hand, many advocates have welcomed the rescheduling determination, given that it represents the first time in over 50 years that the federal government has recognized the medical value and relatively low abuse potential of a plant that’s been legalized in some form in the vast majority of states. On the other hand, activists have emphasized that rescheduling does not federally legalize marijuana or provide corrective relief to people who’ve been criminalized over it. And, of course, prohibitionists have urged DEA to keep marijuana in Schedule I and are expected to litigate if the agency moves forward with the incremental reform. DEA Administrator Anne Milgram has also acknowledged the possibility of an administrative hearing to gain further input on the decision before its finalized. The Congressional Research Service (CRS) has also weighed in on the rescheduling development, saying in a report that while it was “likely” that DEA would enact the policy change, that would not bring state markets into compliance with federal law. It added that Congress still has the authority to address the federal-state cannabis policy gap “before or after” that reform is enacted. To that end, Senate Majority Leader Chuck Schumer (D-NY) and colleagues have reintroduced legislation to federally legalize cannabis and impose certain regulations. The bill’s prospects are dubious in the current divided Congress, however. Meanwhile, the top Democrat in the U.S. House said that the Biden administration’s move to reschedule marijuana is a “step in the right direction,” but it should be followed up with congressional action such as passing the legalization bill Schumer filed. In a recent interview with Fox News, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III under the CSA. Biden has separately issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. Again, a Schedule III reclassification would not legalize cannabis or free people still incarcerated over cannabis. It should also be noted that, during his run for the presidency, Biden pledged to move cannabis to Schedule II—a stricter category compared to what’s been proposed by his administration. Biden ‘Smokes’ Trump On Marijuana Policy, Campaign Says After President’s Rescheduling Announcement The post DOJ Seeks Input On ‘Unique Economic Impacts’ Of Marijuana Rescheduling For ‘Multibillion Dollar Industry’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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A new study into how recent cannabis use affects physical activity appears to disprove the long-held stereotype that marijuana makes people lazy, finding that young to midlife adults were neither more sedentary nor more intensely active after consuming cannabis—though recent use was associated with a “marginal increase” in light exercise. “Our findings provide evidence against existing concerns that cannabis use independently promotes sedentary behavior and decreases physical activity,” researchers wrote, adding that “the stereotypical ‘lazy stoner’ archetype historically portrayed with chronic cannabis use does not acknowledge the diverse uses of cannabis today.” The report, published this week in the journal Cannabis and Cannabinoid Research, drew on data from Canada’s National Health and Nutrition Examination Survey (NHANES), which, during its 2011–2012 and 2013–2014 cycles, included information from wrist-worn accelerometers that tracked participants’ physical activity. Participants, who were all between ages 18 and 59, also answered a Drug Use Questionnaire that asked about current and lifetime use of substances such as cannabis, cocaine, heroin and methamphetamine. Researchers described the findings, which drew on data from 4,666 adults—of which 658 (14.1 percent) reported using cannabis in the past 30 days—as “the largest cohort in which the relationship between cannabis use and physical activity has been studied.” Results showed little differences in sleep or physical activity between people who did and did not use marijuana within the past month, according to the accelerometer data. “No differences were found in the median daily awake versus asleep time, daily sedentary time, or daily [moderate-to-vigorous physical activity (MVPA)] time,” wrote authors from the University of Toronto and two Ontario hospitals. In fact, daily time spent doing light physical activity (LPA) was marginally higher among recent cannabis users. “Median [interquartile range (IQR)] daily LPA time was greater in the recent cannabis use group,” the study says, though it notes the difference was slight, with a median 102 minutes of light physical activity per day among those who used marijuana in the past month compared to 99 minutes per day among those who did not. “With the rising prevalence of cannabis use, there have been concerns of its potential effects on physical activity levels,” the study concludes. “In this population level-analysis, recent cannabis use was not independently associated with daily sedentary time or MVPA, and it was associated with a marginally greater daily LPA time of unclear clinical significance.” Participants in the study may not be representative of the general adult population, the study acknowledges. “First, more than half of the recent cannabis users in this study were 18–29 years, which may suggest selection bias toward younger and healthier people in the NHANES sample.” The survey data also did not include respondents’ motivation for cannabis use, which the study says might include exercise, pain, anxiety or sleep. Nor were participants asked about frequency of consumption or product formulation. Authors said further research is needed “to examine if these findings are generalizable to specific subgroups using cannabis for chronic or neuropathic pain.” The study comes on the heels of various other findings that challenge some widely held preconceptions about cannabis users. For example, a report last month concluded that there’s no association between habitual marijuana use and paranoia or decreased motivation. The research also found no evidence that marijuana consumption causes a hangover the next day. A 2022 study on marijuana and laziness, meanwhile, found no difference in apathy or reward-based behavior between people who used cannabis on at least a weekly basis and non-users. Frequent marijuana consumers, that study found, actually experienced more pleasure than those who abstained. Separate research published in 2020 found that “compared to older adult nonusers, older adult cannabis users had lower [body mass index] at the beginning of an exercise intervention study, engaged in more weekly exercise days during the intervention, and were engaging in more exercise-related activities at the conclusion of the intervention.” And a 2019 study found that people use cannabis to elevate their workout tend to get a healthier amount of exercise. It also concluded that consuming before or after exercising improved the experience and aided in recovery. A report published last December, meanwhile, examined neurocognitive effects in medical marijuana patients, finding that “prescribed medical cannabis may have minimal acute impact on cognitive function among patients with chronic health conditions.” Another report, published March in the journal Current Alzheimer Research, linked marijuana use to lower odds of subjective cognitive decline (SCD), with consumers and patients reporting less confusion and memory loss compared to non-users. While the long-term effects of cannabis use are far from settled science, findings from those and other recent studies suggest some fears have been overblown. A report published in April that drew on dispensary data, for instance, found that cancer patients reported being able to think more clearly when using medical marijuana. They also said it helped manage pain. A separate study of teens and young adults at risk of developing psychotic disorders found that regular marijuana use over a two-year period did not trigger early onset of psychosis symptoms—contrary to the claims of prohibitionists who argue that cannabis causes mental illness. In fact, it was associated with modest improvements in cognitive functioning and reduced use of other medications. “CHR youth who continuously used cannabis had higher neurocognition and social functioning over time, and decreased medication usage, relative to non-users,” authors of that study wrote. “Surprisingly, clinical symptoms improved over time despite the medication decreases.” A separate study published by the American Medical Association (AMA) in January that looked at data from more than 63 million health insurance beneficiaries found that there’s “no statistically significant increase” in psychosis-related diagnoses in states that have legalized marijuana compared to those that continue to criminalize cannabis. Studies from 2018, meanwhile, found that marijuana may actually increase working memory and that cannabis use doesn’t actually change the structure of the brain. And, contrary to then-President Trump’s claim that marijuana makes people “lose IQ points,” the National Institute of Drug Abuse (NIDA) says the results of two longitudinal studies “did not support a causal relationship between marijuana use and IQ loss.” Research has shown that people who use cannabis can see declines in verbal ability and general knowledge but that “those who would use in the future already had lower scores on these measures than those who would not use in the future, and no predictable difference was found between twins when one used marijuana and one did not.” “This suggests that observed IQ declines, at least across adolescence, may be caused by shared familial factors (e.g., genetics, family environment), not by marijuana use itself,” NIDA concluded. 69% Of American Voters—Including Majority Of Republicans—Support Marijuana Legalization, Fox News Poll Finds The post Marijuana Use Linked To Increase In Light Physical Activity, Study Challenging ‘Lazy Stoner’ Stereotype Finds appeared first on Marijuana Moment. 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Farm Bill & hemp; MD gov signs psychedelics bills; Fed marijuana court hearing; Legalization poll; MN cannabis law changes 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… BREAKING: Journalism is often consumed for free, but costs money to produce! While this newsletter is proudly sent without cost to you, our ability to send it each day depends on the financial support of readers who can afford to give it. So if you’ve got a few dollars to spare each month and believe in the work we do, please consider joining us on Patreon today. https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW “Joe Biden smokes sleepy Don” on marijuana policy, the president’s reelection campaign said in an email blast—contrasting the incumbent’s cannabis rescheduling move with the Trump administration’s deletion of guidance to limit cannabis prosecutions. House Agriculture Committee leaders unveiled draft Farm Bill text that would reduce regulatory barriers for certain hemp farmers and scale back a ban on industry participation by people with prior drug felony convictions. Maryland Gov. Wes Moore (D) signed legislation to create a new Task Force on Responsible Use of Natural Psychedelic Substances that will study how to ensure “broad, equitable and affordable access” to psilocybin, DMT and mescaline. Attorneys for marijuana businesses suing to block federal enforcement against their in-state activities are asking the judge in the case to let the public remotely tune in to oral arguments on Wednesday by video stream or phone. A new Fox News poll found that 69 percent of American voters support legalizing marijuana—and that includes majorities of Republicans, Democrats and independents. A Minnesota House-Senate conference committee crafted a final version of legislation to amend the state’s marijuana law—including changes to rules on equity, the license awarding process and early cultivation. The New Jersey Senate Judiciary Committee approved a bill directing marijuana regulators to oversee intoxicating hemp products. / FEDERAL The Congressional Budget Office said a bill directing the Department of Veterans Affairs to notify Congress if it adds psychedelics to its formulary of drugs would cost less than $500,000 over a 10-year period. Sen. Ed Markey (D-MA) spoke on the Senate floor against a fentanyl bill, saying it would “bring the United States back to the approach of the failed War on Drugs where we criminalized drug use while ignoring the underlying issues that animate abuse and addiction.” Sen. James Lankford (R-OK) tweeted, “Chinese criminal organizations are buying up OK farmland and partnering with Mexican cartels to grow and distribute marijuana. I’m leading the fight to stop it.” Members of Indiana’s congressional delegation reacted to the federal marijuana rescheduling decision. The House bill to federally legalize marijuana got one new cosponsor for a total of 88. / STATES Iowa Gov. Kim Reynolds (R) signed a bill to regulate hemp products. Nevada’s attorney general discussed the benefits of federal marijuana rescheduling. New York lawmakers sent Gov. Kathy Hochul (D) legislation to define cannabis as an agriculture crop. Indiana’s Senate president and House speaker reacted to the federal marijuana rescheduling move. Wisconsin officials removed dozens of marijuana plants that were growing on the state Capitol grounds. The Choctaw Nation Tribal Council, located within Oklahoma, voted to make it so marijuana possession convictions will not result in a mandatory assessment fee. California regulators announced a recall of marijuana products due to the presence of aspergillus and because of inaccurate labeling that reports more cannabinoid content than is actually contained. Vermont regulators posted guidance about problems with the state’s marijuana inventory tracking system. Missouri regulators transferred $15.2 million in marijuana revenue to the state Veterans Commission and public defender. Michigan regulators published a monthly report on disciplinary actions taken against marijuana businesses. New Jersey regulators hosted a town hall meeting about the process of obtaining a marijuana business license. — Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — / LOCAL Milwaukee, Wisconsin’s mayor held a press conference to cheer the federal marijuana rescheduling move. The Dewey Beach, Delaware Town Council reduced the fine for minors in possession of marijuana. / INTERNATIONAL The Canadian federal government rejected Toronto’s request for permission to decriminalize drug possession. The German Bundestag Health and Traffic Committees will consider changes to the country’s marijuana legalization law on June 3. / SCIENCE & HEALTH A review concluded that “CBD demonstrated potentially beneficial properties for athlete recovery such as anti-inflammatory, neuroprotective, anxiolytic, and analgesic effects.” A study’s results “add to a small but growing body of work suggesting promise for classic psychedelics such as psilocybin for chronic pain.” / ADVOCACY, OPINION & ANALYSIS The American Trucking Associations sent a letter to federal officials raising concerns about the move to reschedule marijuana. The Buffalo News editorial board cheered New York Gov. Kathy Hochul’s (D) move to replace cannabis regulatory leadership. / BUSINESS 4Front Ventures Corp. reported quarterly net revenue of $18.8 million and a net loss of $18.5 million. Tilray Brands, Inc. is moving to sell shares with an aggregate offering value of up to $250 million through an at-the-market equity program. WM Technology, Inc. received a delinquency notification letter from Nasdaq due to failure to timely file a quarterly report. Missouri retailers sold $120.1 million worth of legal marijuana products in April. / CULTURE Football players Wanya Morris and Chukwuebuka Godrick were arrested for marijuana possession. 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 Biden campaign’s cannabis criticism for Trump (Newsletter: May 20, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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