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President Joe Biden has announced that his administration is officially moving to reschedule marijuana under federal law, applauding the “monumental” action that follows an extensive administrative review that he directed. The Justice Department will soon post its proposed rule to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA) in the Federal Register, a senior administration official said on Thursday. There will then be a 60-day public comment period before the rule is potentially finalized. “This is monumental,” Biden said in a video announcing the rescheduling news. “Today my administration took a major step to reclassify marijuana from a Schedule I to a Schedule III drug. It’s an important move towards reversing longstanding inequities.” “Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana,” he said. “It adds to the action we’ve taken to lift barriers to housing, employment, small business loans, and so more for tens of thousands of Americans.” Right now, marijuana has a higher-level classification than fentanyl and methamphetamine – the two drugs driving America's overdose epidemic. That just doesn't add up. — President Biden (@POTUS) May 16, 2024 “Look folks no one should be in jail for merely using or possessing marijuana. Period,” the president said, echoing a point he’s made repeatedly in recent months. “Far too many lives have been upended because of a failed approach to marijuana and I’m committed to righting those wrongs. You have my word on it.” Vice President Kamala Harris, who recently called for federal legalization in a closed-door meeting with marijuana pardon recipients, said in a separate video on Thursday that, “currently marijuana is classified on the same level as heroin and more dangerous than fentanyl.” “We are finally changing that. But I want to thank all of the advocates and everyone out there for helping to make this possible and we are on the road to getting it done,” she said. President Biden and I vowed to address injustices in marijuana policy. Today, our Administration takes another major step forward. pic.twitter.com/GxFOFeU0DU — Vice President Kamala Harris (@VP) May 16, 2024 The White House announcement comes about two weeks after the Justice Department confirmed that the Drug Enforcement Administration [DEA] was moving to reclassify cannabis as a Schedule III drug. “President Biden has been clear: No one should be in jail just for using or possessing marijuana,” an administration official said. “Sending people to prison for possessing marijuana has upended too many lives and have led to needless barriers to employment, housing, and education.” In the Notice of Proposed Rulemaking (NPRM), the Justice Department “proposes rescheduling marijuana from Schedule I to Schedule III,” they said. “Marijuana is currently classified higher than fentanyl and meth—the drugs driving our Nation’s overdose epidemic.” The public comment period that will soon open is expected to receive historic attention given widespread public support for broad legalization and competing perspectives about the appropriateness of a Schedule III designation. No one should be in jail just for using or possessing marijuana. Today’s announcement builds on the work we’ve already done to pardon a record number of federal offenses for simple possession of marijuana. I’m committed to writing those historic wrongs. You have my word. — President Biden (@POTUS) May 16, 2024 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. The White House previously declined to say whether President Joe Biden personally supported the Justice Department’s plan to reschedule marijuana following the review that he directed. White House Press Secretary Karine Jean-Pierre has repeatedly avoided commenting directing on the administration’s position on the specific rescheduling proposal. However, she said recently that the review the president directed is part of fulfilling the pledge he made to voters in the 2020 election. Biden has issued two rounds of mass pardons for people who’ve committed federal marijuana possession offenses. 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. German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week The post Biden Makes Historic Marijuana Rescheduling Announcement, Applauding ‘Monumental’ Move To Reverse ‘Longstanding Inequities’ appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Federal marijuana prohibition “makes it even more difficult” to implement unified health and safety policies across state markets, a member of a leading prohibitionist organization says. During a webinar on cannabis policy issues on Wednesday, staff with the non-profit Community Anti-Drug Coalitions of America (CADCA) discussed a variety of regulatory concerns amid the state reform movement—but often framed them in ways that suggested legalization is inevitable and also pointed to specific regulations within legal frameworks that they preferred. While CADCA as a national institution has opposed congressional bills to legalize marijuana and free up banks to work with state-licensed cannabis businesses, the webinar offered a more nuanced perspective, with staff focused on youth prevention departing from a strict prohibition perspective and signaling that it may ultimately be more effective to achieve certain key goals by working within legalization models to affect change. Lesley Gabel, who serves on CADCA’s Coalition Development Support Team (CDS), said for example that it would be “great” if there were universal warning symbols on cannabis products that could be identified across the patchwork of state cannabis markets to ensure that consumers, particularly youth, are aware of the THC content. But she said that’s “hard because it’s federally illegal, so that makes it even more difficult to work in prevention to have something like this.” Despite CADCA’s consistent opposition to marijuana reform, conversation during webinar gave a sense that, among certain membership at least, there’s an understanding that legalization may be inevitable, and so it’s important to consider methods of mitigating possible public safety harms without necessarily outright opposing all attempts at reform. Marijuana Moment that asked Gabel whether she could envision a scenario where CADCA supports a federal legalization bill if it included their desired safeguards. She said while she doesn’t speak on behalf of CADCA, “the one thing CADCA and all of us in prevention would certainly agree upon is: How can we come together and unite to have some of the prevention that we can standardize and have a collective front?” “We know that, when we work together cohesively and with some of these common strategies and common things that we know will work across all places, then that’s certainly something I’m sure that we could all try to find a way to come together,” she said. “What that looks like, I’m not quite sure. But it would certainly be great for us to find a way to unite, especially around the packaging and labeling.” There were other telling moments from the virtual event, which effectively provided supporters and prospective members with a roadmap to influencing marijuana policy that goes beyond strict prohibitionism. For instance, at one point the hosts talked about different ways that states with legal cannabis markets have distributed tax revenue to support programs that they favor, particularly when it comes to youth prevention efforts. In California, “they use their tax revenue for youth prevention, education, a treatment fund, as well as childcare and community reinvestment,” Jerria Martin, a program manager at CADCA, said. “Oregon uses tax revenue for drug misuse prevention and treatment programs.” “Whether it’s prevention, recovery, treatment or even just education and public safety programs, we’re seeing states now taking that smart move and putting that tax [revenue] there and actually using this to assist the communities,” she said. Later in the webinar, the CADCA members pull up a series of charts from a 2021 study published by the American Medical Association (AMA) that showed how state-level marijuana legalization is associated with dramatic decreases in cannabis-related arrests and a major narrowing of racial disparities in such arrests. “It’s just definitely, again, something to take into consideration when you have that policy in place or don’t,” Martin said. Marijuana Moment reached out to CADCA for comment about the webinar, but a representative was not immediately available. CADCA also found itself at the center of a controversy in 2022, pulling a page listing corporate sponsors such as NFL, Krispy Kreme and several pharmaceutical companies from its site after cannabis advocates called them out for supporting an anti-reform agenda. Another CADCA member unsuccessfully attempted to block a marijuana legalization ballot initiative in Missouri that same year. Most recently, the organization has called on supporters to contact their congressional representatives and urge them to close a “loophole” in the next Farm Bill by banning hemp-derived intoxicating cannabinoids. Congressional Researchers Update Lawmakers On ‘Legal Consequences’ Of Federal Marijuana Prohibition In Light Of Rescheduling Effort Photo courtesy of Brian Shamblen. The post Federal Marijuana Prohibition Makes Youth Prevention Efforts ‘More Difficult,’ Top Anti-Drug Group Official Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“I would simply echo that the best regulation is the elimination of this illegitimate industry.” By Wesley Muller, Louisiana Illuminator Louisiana lawmakers are one step away from dismantling a consumable hemp industry they created two years ago after unwittingly legalizing products that can get people high. Senate Bill 237, sponsored by Sen. Thomas Pressly (R-Shreveport), cleared the House Committee on Administration of Criminal Justice in a 7–5 vote Tuesday. The bill, for which 67 lobbyists and organizations filled out cards in opposition, would make it illegal to manufacture or sell products that contain any amount of tetrahydrocannabinol, the psychoactive compound in cannabis called THC for short, unless they are licensed medical marijuana products. In 2022, the Louisiana Legislature legalized hemp edibles with limited amounts of delta-9 THC for adults 21 and older. Some lawmakers say they only voted for it based on then-House Speaker Clay Schexnayder’s claim that it would take “tractor-trailer loads” of the stuff to get high. At the time, the Republican speaker was repeating a misleading, though perhaps technically accurate, statement a hemp farmer had made during a committee hearing. Related to the marijuana plant, hemp is a type of cannabis with very low levels of THC. Still, manufacturers of consumable hemp products are able to extract those small amounts of THC and concentrate them into levels that can produce an intoxicating effect. Tuesday’s vote fell mostly along party lines with Republicans voting in favor of the repeal, except for Rep. Chad Boyer of Breaux Bridge, who sided with Democrats against it. Pressly’s proposal drew similar partisan lines in the Senate, with every Republican endorsing it and most Democrats opposing it except for Sen. Cleo Fields of Baton Rouge and Sen. Royce Duplessis of New Orleans. The House committee members heard Tuesday from several business owners who testified that the bill would effectively destroy the consumable hemp industry and kill jobs. There are more than 2,000 licensed hemp businesses in Louisiana, according to the state Office of Alcohol and Tobacco Control. Paige Melancon, owner of Louisiana Hemp Extractors, spoke in worried tones when he told the committee Pressly’s bill would force him to close his factory, which he said is one of the largest hemp manufacturing facilities in the country. Melancon started the business just a few years ago when the state began loosening its cannabis laws. “I feel like I’m being fired right now,” Melancon told the lawmakers, “and I want you guys to come with me and fire my employees when we leave here, if you choose to do that.” — 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. — Brushing aside the business closures and tax revenue loss the state might see if the bill is approved, some Republicans on the committee repeatedly voiced their disapproval with the idea of “getting high.” Rep. Bryan Fontenot (R-Thibodaux) said the consumable hemp industry is selling products that intoxicate people. To back up his claim, he held up a photograph of a head shop near his home called LA Sky High. Fontenot’s point didn’t land with Rep. Alonzo Knox (D-New Orleans), who said one could make the same claim about beer and liquor stores. “Even if someone were to buy the product to get high, what’s the problem with that?” Knox asked. Among those backing Pressly’s bill is Gene Mills, president of Louisiana Family Forum, a conservative Christian lobbying group that claims to “champion free-market economics, entrepreneurship and private property” as well as “limited government,” according to its website. “Our vision is to build a Louisiana where God is honored, life is respected, families flourish and liberties reign,” Mills said. Mills and other proponents of Pressly’s bill pointed to the lack of consistency with serving sizes and THC concentrations among products. They also said manufacturers are packaging consumable hemp products in ways that appeal to kids. For every witness who testified about the dangers of high THC dosages, Knox told them he “totally agreed” with them and asked why those issues couldn’t be solved with proper regulation. “I would simply echo that the best regulation is the elimination of this illegitimate industry,” Mills responded. Pressly and Mills referred numerous times to the misleading claim about “tractor-trailer loads” of hemp that Schexnayder repeated to the House years ago. They displayed various products they claimed had dangerous doses of hemp extract, including a can of lemonade with 50 milligrams of THC. The 2022 law called for a maximum of 8 milligrams per serving, but it also mistakenly allowed manufacturers to determine serving sizes and did not limit the number of servings in a single product. As a result, some manufacturers exploited that loophole and started putting multiple 8 milligram servings into single packages. “Is the packaging basically a scam?” Rep. Tony Bacala (R-Prairieville) asked. The Louisiana Department of Health adopted emergency regulations last year to correct some of the issues, but the Legislature has still not fixed the statutory provision that allows manufacturers to set the number of servings per product. Lawmakers could solve the problem with appropriate legislation that corrects the language in the law “rather than killing an entire industry,” Knox said. “Is the intent to get rid of an entire industry?” he asked Pressly. “The intent is to get rid of an intoxicating product,” Pressly replied. Crescent Canna CEO Joe Gerrity pointed out that Pressly’s bill does nothing to prohibit consumers in Louisiana from purchasing the same hemp products online from other states. As a result, he said, the bill will only deprive Louisiana of tax revenue without actually banning the product. “You can go online right now and purchase products that far exceed the THC regulations that this body has set forth without any problem, without any real age verification and to no benefit of anybody in Louisiana,” Gerrity said. Gerrity’s company has manufacturing facilities in other states but sells some of his products in Louisiana, including the lemonade drink Pressly displayed earlier to the committee. When asked why he has no facilities in Louisiana, Gerrity minced no words in expressing his dissatisfaction with the precarious business climate lawmakers have created for his industry. “Louisiana, if you haven’t noticed, has a desire to disrupt our industry,” he told lawmakers. “And investing the significant amount of money we would need to in this state to manufacture here when every year we come up against opposition in the Legislature that could cripple us and destroy us, is, frankly speaking, a terrible business decision.” Pressly’s proposal heads to the House floor for final passage. If amended, it would return to the Senate for concurrence. This story was first published by Louisiana Illuminator. Louisiana Lawmakers Approve Bill To Create Marijuana Legalization Regulatory Framework Photo courtesy of Pexels. The post After Accidentally Legalizing Intoxicating Hemp Products, Louisiana Is On Track To Outlaw Them Again appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

With the Biden administration moving to reschedule marijuana, congressional researchers have updated a pair of reports outlining the “legal consequences” of the persisting federal-state cannabis policy gap and detailing existing protections for state medical marijuana programs under a spending bill rider. The reports from the Congressional Research Service (CRS) were both updated on Tuesday, noting prominently that the Justice Department is now moving to reclassify marijuana as a Schedule III, rather than Schedule I, drug under the Controlled Substances Act (CSA). This comes about a week after CRS issued a separate report focused on the impact, and limitations, of a Schedule III reclassification, including the fact that the reform would not bring state marijuana markets into compliance with federal law because it would still be considered illegal without a prescription. One of the newly updated reports is titled “State Marijuana ‘Legalization’ and Federal Drug Law: A Brief Overview for Congress.” “In light of recent and proposed changes to state and federal marijuana regulation, this Sidebar provides an overview of the divergence between federal and state marijuana law,” the analysis says. “It then briefly discusses the legal consequences of the divergence and outlines certain related considerations for Congress.” The five-page document first generally explains how marijuana is currently classified under the CSA, while noting that cannabis containing no more than 0.3 percent THC by dry weight is considered federally legal hemp. “If marijuana were moved from Schedule I to Schedule III, it could in theory be dispensed and used by prescription for medical purposes,” CRS said. “However, prescription drugs must be approved by FDA. Although FDA has approved some drugs derived from or related to cannabis, marijuana itself is not an FDA-approved drug.” While federal prohibition is still in force, and would remain so even with rescheduling, the report notes that “all but three states have changed their laws to permit the use of cannabis for medical purposes,” while nearly half have enacted adult-use legalization. “Notwithstanding the foregoing state laws, any activity involving marijuana that is not authorized under the CSA remains a federal crime anywhere in the United States, including in states that have purported to legalize medical or recreational marijuana,” it says. It then goes through a variety of potential criminal liabilities for marijuana-related activity under federal statute. “For individuals, participation in the state-legal marijuana industry may have adverse immigration consequences. Violations of the CSA may also affect individuals’ ability to receive certain federal government benefits. In addition, federal law prohibits gun ownership and possession by any person who is an ‘unlawful user of or addicted to any controlled substance,’ with no exception for users of state-legal medical marijuana.” The report concludes with considerations for Congress, pointing out that while the Drug Enforcement Administration (DEA) has agreed to move forward with rescheduling, lawmakers have “broad authority to change the status of marijuana by legislation before or after DEA makes any final scheduling decision.” “If Congress seeks to regulate marijuana more stringently, it could, among other options, repeal the appropriations rider discussed above, increase DOJ funding to prosecute CSA violations, or limit federal funds for states that legalize marijuana,” it said. CRS separately updated a report that focuses on the appropriations rider that’s been annually renewed each year since 2014. It generally prevents the Justice Department from using its funds to interfere in the implementation of state medical cannabis programs. While the legislation is meant to address the “disparity between state and federal laws,” it does not extend the protections to adult-use states, the report explains. “On its face, the appropriations rider bars DOJ from taking legal action against the states directly in order to prevent them from promulgating or enforcing medical marijuana laws,” it says. “In addition, federal courts have interpreted the rider to prohibit certain federal prosecutions of private individuals or organizations that produce, distribute, or possess marijuana in accordance with state medical marijuana laws. ” “In those cases, criminal defendants have invoked the rider before trial, seeking either the dismissal of their indictments or injunctions barring prosecution,” it continues, adding that federal courts have generally declined to apply the rider outside of that pre-trial context, by upholding a prohibition on cannabis use by people on probation, for example. “While the medical marijuana appropriations rider restricts DOJ’s ability to bring some marijuana prosecutions, its effect is limited in several ways,” CRS said. “If Congress instead opted to repeal the rider or allow it to lapse, DOJ would be able to prosecute future CSA violations as well as past violations that occurred while the rider was in effect, subject to the applicable statute of limitations.” “Because the medical marijuana appropriations rider applies to marijuana specifically, regardless of how the substance is classified under the CSA, rescheduling marijuana would not affect the rider,” the report says. “Congress has the authority to enact legislation to clarify or alter the scope of the appropriations rider, repeal the rider, or decline to include it in future appropriations laws. For instance, Congress could amend the rider to specify whether strict compliance with state medical marijuana law is required in order to bar prosecution under the CSA or provide a different standard that DOJ and the courts should apply. Congress could also expand the scope of the rider to bar the expenditure of funds on prosecutions related to recreational marijuana or other controlled substances.” As both reports note, Congress could move to eliminate the federal-state marijuana policy gap by removing it from the CSA altogether. Other proposals, including one recently filed by top Senate Democrats, would go further by legalizing cannabis and setting up a federal regulatory framework for the plant. But given the divided Congress and the anti-cannabis record of House Speaker Mike Johnson (R-LA), it seems unlikely that the bill will advance this session. Instead, advocates and stakeholders are watching to see how the rescheduling effort plays out, while also putting pressure on lawmakers to pass a bipartisan marijuana banking bill that’s pending Senate floor action. German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week Photo courtesy of Mike Latimer. The post Congressional Researchers Update Lawmakers On ‘Legal Consequences’ Of Federal Marijuana Prohibition In Light Of Rescheduling Effort appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

GOP congresswoman praises cannabis rescheduling; German legalization amendments; DOJ ayahuasca case; NJ marijuana price caps bill; TX delta-8 ban 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 With Congress set to consider a new Farm Bill, the hemp industry is at odds with some marijuana companies that find themselves aligned with prohibitionists in pushing for restrictions on intoxicating hemp-derived cannabinoids such as delta-8 THC. Rep. Lori Chavez-DeRemer (R-OR) praised the Biden administration’s move to reschedule marijuana during a House hearing but warned Health and Human Services Secretary Xavier Becerra not to pursue broader drug decriminalization similar to Oregon’s now-repealed decrim law. The German Bundestag is set to take up amendments to the country’s marijuana legalization law concerning impaired driving and states’ authority to set restrictions on cannabis cultivation at cooperatives this week. The Department of Justice told a court that federal agencies’ settlement allowing a church to incorporate ayahuasca into its ceremonies is “irrelevant” to a separate case on the legal status of another psychedelic church. The Texas Senate State Affairs Committee is set to hold a hearing this month on Lt. Gov. Dan Patrick’s (R) push to ban intoxicating hemp-derived products such as delta-8 THC. New Jersey lawmakers filed legislation to allow regulators to set price caps on medical cannabis cultivators, manufacturers or dispensaries if they’re selling their products at a price that is “unreasonable and inconsistent” with their actual costs. / FEDERAL The Food and Drug Administration will host a meeting about the use of ketamine on June 27. Sen. John Hickenlooper (D-CO) tweeted, “What does marijuana rescheduling mean for Colorado? It’s a step in the right direction. But – JUST a step.” Sen. Tina Smith (D-MN) tweeted, “Minnesota is leading with a one-two punch: legalization *and* expungement. Nobody’s life should be turned upside down by non-violent marijuana offenses. Passing the Cannabis Administration and Opportunity Act would federally legalize marijuana and expunge those convictions ” Rep. Pete Sessions (R-TX) said in a House floor speech that marijuana is a “gateway to these harder drugs.” Rep. Morgan Luttrell (R-TX) tweeted, “Psychedelic therapies provide a pathway forward that will give us the chance to save the lives of those that so graciously served our country. Proud to be a leading voice in Congress for these innovative solutions.” / STATES New York Gov. Kathy Hochul (D) tweerted, “I promised to protect our communities and hard-working, legal cannabis retailers by quickly closing illegal stores. I’m proud to say that with partners like @NYCMayor, we’re getting it done.” Separately, the state’s comptroller posted a map showing how much marijuana tax revenue is going to counties across the state. Connecticut’s attorney general reached a settlement with organizers of unlicensed cannabis markets. A Minnesota House-Senate conference committee finalized a bill to make changes to the state’s marijuana legalization law. The Guam legislature’s Rules Committee is set to consider a bill to prohibit employers, landlords, colleges or government agencies from testing for marijuana as a condition of employment, housing, education or government services, respectively, on Thursday. Michigan regulators announced a recall of marijuana products that were not submitted for testing in their final form and published an advisory about the issue. Alaska regulators repealed rules on marijuana business food safety permits. The Illinois Medical Cannabis Advisory Board voted to add painful ovarian cyst as a qualifying condition for patients. A Massachusetts Cannabis Control Commission member discussed the implications of federal marijuana rescheduling. New Jersey regulators published a list of municipalities that allow marijuana businesses to operate. Oregon regulators are accepting applications to join the Cannabis Rules Advisory Committee. — 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 The Sussex County, Delaware Council approved restrictions on marijuana businesses. Seattle, Washington officials are accepting proposals to study equity in the city’s cannabis industry. / INTERNATIONAL The Bahamian health and wellness minister introduced a package of medical cannabis bills. / SCIENCE & HEALTH A study of cannabis-based medicines in people with multiple sclerosis found that “significant improvements were observed in health-related quality of life.” A review concluded that “recent studies indicate that MDMA-assisted psychotherapy reduces PTSD symptoms and is generally well tolerated.” / ADVOCACY, OPINION & ANALYSIS A poll of German adults found that 7 percent have bought cannabis seeds for personal cultivation since legalization was enacted and that another 11 percent plan to do so. / BUSINESS Cresco Labs Inc. reported quarterly net revenue of $184.3 million and a net loss of $2.1 million. AYR Wellness Inc. reported quarterly net revenue of $118 million and a net loss of $108.3 million. MediPharm Labs Corp. reported quarterly revenue of C$9.8 million and a net operating loss of C$3.7 million. atai Life Sciences reported a quarterly net loss of $27.4 million and announced that its CEO is stepping down. A federal judge ordered I.N.S.A. to bargain with a union even though its workers voted against unionizing. Quest Diagnostics reported that the percentage of employees in the U.S. workforce whose drug tests showed signs of tampering increased by more than six-fold in 2023 compared to the prior year. Michigan retailers sold $278.6 million worth of legal marijuana products in April. 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 Hemp & marijuana biz disagree on Farm Bill (Newsletter: May 16, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“It’s very similar to how pharmaceutical drugs and other commodities are sold. When large corporations are given the chance, they will be greedy.” By Sophie Nieto-Munoz, New Jersey Monitor State officials have stressed that they agree with medical marijuana patients who say the price of cannabis in New Jersey remains too expensive—but the officials say their hands are tied by the law, which gives them no control over prices set by dispensaries. One lawmaker is looking across the Delaware River at what Pennsylvania has done—including a provision in its medical marijuana law allowing state cannabis officials to implement price caps if cannabis prices become “unreasonable or excessive.” Sen. Troy Singleton (D-Burlington) wants to use Pennsylvania’s statute as a model, introducing a bill in March that would allow the New Jersey Cannabis Regulatory Commission to set price caps on medical cannabis cultivators, manufacturers or dispensaries if they’re selling their products at a price that is “unreasonable and inconsistent” with their actual costs. The commission would be allowed to cap prices for six-month intervals. Singleton, who called the price of weed in New Jersey “very concerning for many people utilizing medical cannabis,” said capping prices could put pressure on the market and lead to lower prices. Chris Goldstein is a marijuana advocate who tracks cannabis prices in New Jersey and Pennsylvania dispensaries. “It’s very similar to how pharmaceutical drugs and other commodities are sold. When large corporations are given the chance, they will be greedy,” he said. “Unfortunately, we’ve been sold the same promises for almost 13 years that prices would come down, and there was more competition and more businesses, but the same businesses have been here the whole time, and prices remain remarkably similar.” Critics like Goldstein have linked the high prices of legal cannabis to the corporations that control a large part of New Jersey’s market. Out of about 40 cultivators, just a handful are independent, like Breakwater, Valley Wellness and Brute’s Roots. The vast majority are corporations filling retailers’ shelves, even in most mom-and-pop shops. At Ascend in Fort Lee, the price of an eighth without any discounts is $65, or $50 if on sale. In Scranton, Pennsylvania, the same amount of medical weed costs $15. At Curaleaf in Bordentown, an eighth costs $60, and in Harrisburg, Pennsylvania, it costs $32.50. Edward “Lefty” Grimes is a marijuana and disability advocate based out of Morris County. As much as he wants to support dispensaries in New Jersey, he can’t afford the high price of extracted cannabis oil, known commonly as dabs. It’s sold for $100 a gram in stores, but it’s $20 to $30 a gram on the legacy market. “It’s hard to find a dispensary I can afford. Once in a while, I’ll go in there and browse, but I feel like I’m going into a luxury shop I can’t afford,” said Grimes. The Cannabis Regulatory Commission did not respond to a request for comment. Goldstein said it’s been “heartbreaking” to watch legal cannabis in the rest of the country become more affordable as New Jersey’s prices remain high. He suggested the prices are a reason why enrollment in the medical marijuana program has declined since recreational cannabis was legalized. Grimes called the price-fixing legislation “low-hanging fruit” for lawmakers to pass and an easy way to open access to affordable cannabis for patients. — 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. — “These are sick people that need this medicine for cancer, multiple sclerosis, PTSD, and we have fallen so far off the radar as patients,” he said. Singleton, who has sponsored several bills aimed at improving the cannabis industry, said it’s tough to get any cannabis legislation passed in the Legislature. Right now, the price cap bill hasn’t moved beyond conversations behind the scenes, he said. “We’re going to keep banging on the drum, because we know so many people who are dealing with exponentially high pricing and we want to do something about it,” he said. This story was first published by New Jersey Monitor. New Jersey Set A New Marijuana Sales Record Last Quarter, With Regulators Touting ‘Historical Highs’ On 4/20 Weekend The post New Jersey Bill Would Allow State Officials To Cap Medical Marijuana Prices appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

German lawmakers are set to consider amendments to a marijuana legalization law that took effect last month, with committees of the nation’s parliament scheduled to begin debate on changes related to cannabis cultivation at social clubs and impaired driving this week. One of the proposals set to be taken up by the Bundestag on Friday would give individual German states greater authority to set restrictions on cultivation at cooperatives that will be able to start dispensing cannabis to members in July. It is slated to be referred to the Health Committee. Currently, adults can possess and grow marijuana for themselves, but there’s no sales model in place yet. A separate measure scheduled for initial debate on Friday would set a per se THC limit for impaired driving. The legislation—which is expected to prove more controversial given a lack of scientific evidence supporting the efficacy of such policies—would make it so drivers would be considered impaired if they have more than 3.5 ng/ml of THC in their blood. It is expected to be referred to the Transportation Committee. Health Minister Karl Lauterbach, who has led the government’s cannabis legalization efforts, had committed to lawmakers that the legalization law could be amended in certain ways after enactment—a compromise that helped avert a delay in implementation. Meanwhile, this comes as the government is simultaneously moving forward with the second phase of marijuana legalization to create a pilot program for commercial sales—through an administrative process, rather than having lawmakers pass a separate bill to enact the reform as was initially expected. Lauterbach told members of the Bundestag in December that “we are currently examining” the commercial sales plan. But with legalization in effect, there’s been increased pressure to expedite that process. The Bundesrat representing individual states previously tried to block the now-enacted legalization proposal last September but ultimately failed. — 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. — While Germany’s Federal Cabinet approved the initial framework for a legalization measure in late 2022, the government also said it wanted to get signoff from the EU to ensure that enacting the reform wouldn’t put them in violation of their international obligations. Officials took a first step toward legalization in 2022, kicking off a series of hearings meant to help inform legislation to end prohibition in the country. Government officials from multiple countries, including the U.S., also met in Germany last November to discuss international marijuana policy issues as the host nation works to enact legalization. A group of German lawmakers, as well as Narcotics Drugs Commissioner Burkhard Blienert, separately visited the U.S. and toured California cannabis businesses in 2022 to inform their country’s approach to legalization. The visit came after top officials from Germany, Luxembourg, Malta and the Netherlands held a first-of-its-kind meeting to discuss plans and challenges associated with recreational marijuana legalization. Leaders of the coalition government said in 2021 that they had reached an agreement to end cannabis prohibition and enact regulations for a legal industry, and they first previewed certain details of that plan last year. A novel international survey that was released in 2022 found majority support for legalization in several key European countries, including Germany. Meanwhile, the United Nations’s (UN) drug control body recently reiterated that it considers legalizing marijuana for non-medical or scientific purposes a violation of international treaties, though it also said it appreciates that Germany’s government scaled back its cannabis plan ahead of the recent vote. GOP Congresswoman Applauds Marijuana Rescheduling But Urges Top Biden Official To Refrain From Decriminalizing Other Drugs The post German Lawmakers Will Consider Changes To Marijuana Legalization Law Related To Social Clubs And Impaired Driving This Week appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A GOP congresswoman says that while she supports the push to federally reschedule marijuana, she is warning a top Biden administration official to refrain from taking steps to more broadly decriminalize other drugs. At a hearing before the House Education and the Workforce Committee on Wednesday, Rep. Lori Chavez-DeRemer (R-OR) told U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra that the decision to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) is “really good welcoming news.” However, she cautioned against decriminalizing drugs in line with Oregon’s since-overturned law. “Federal guidance has always been a nightmare [with respect to marijuana], and it’s more important than ever to create a safe and professional environment for one of the fastest growing industries in America,” she said. “This has proven to be a responsible process. But unlike Oregon’s approach, which was to decriminalize all drugs at the same time [and] was not a good plan.” “If you’re familiar [with Oregon decriminalization experience], and as the United States is rapidly going toward classifying cannabis with its possible federal legalization, how can we ensure that that Measure 110 won’t be a mistake that’s made across the country?” she asked. Becerra said he was aware of the voter-approved decriminalization initiative known as Measure 110, but he wasn’t familiar with the details. Chavez-DeRemer gave the secretary a brief overview of the policy, while arguing that it led to “mass amounts of drugs on the streets and open market, and we were not helping the people who needed it most.” She asked him to “commit” to approaching future drug policy issues as the agency did with the cannabis scheduling review and not pursue broader decriminalization as took place in Oregon. “We’re more than willing to work with you on some of these issues,” Becerra said. “Remember, the cannabis action has not yet been finalized. But we’re more than willing to work with you. We work based off of evidence, and so whatever we do has to be evidence-based.” While President Joe Biden directed a scheduling review into marijuana that led to a Schedule III determination, the administration is not currently pursuing drug decriminalization. Progressive Democrats did file a bill to federally decriminalize drugs during the last Congresss, but it did not advance and has not since been reintroduced. Becerra has previously made similar comments to lawmakers about the agency’s evidence-based approach as it relates to its cannabis scheduling review, defending the Schedule III conclusion. Meanwhile, at Wednesday’s hearing, Chavez-DeRemer also promoted the Strengthening the Tenth Amendment Through Entrusting States (STATES) 2.0 Act that she’s cosponsoring. The bill would end federal marijuana prohibition in legal states, legalize interstate cannabis commerce, normalize Internal Revenue Service (IRS) policy for the industry and contemplate a federal tax-and-regulate framework for the industry. The congresswoman said it would “ensure that every state has its right to determine the best approach to cannabis within its borders.” Where Presidential Candidate Donald Trump Stands On Marijuana The post GOP Congresswoman Applauds Marijuana Rescheduling But Urges Top Biden Official To Refrain From Decriminalizing Other Drugs appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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In an ongoing lawsuit over the legal status of an Iowa-based church that wants to incorporate ayahuasca into its ceremonies, the Department of Justice (DOJ) is downplaying the significance a recent deal hammered out between the federal government and a separate, Arizona based church that also uses the psychedelic brew as part of its practice. In a filing with the D.C. Circuit Court of Appeals last week, the Iowaska Church of Healing—which is seeking both tax-exempt status and an exemption to allow it to use ayahuasca ceremonially—said “there are no differences” between the two organizations “that could plausibly be material under the Controlled Substances Act (‘CSA’) and the Religious Freedom Restoration Act (‘RFRA’).” “Both churches seek to engage in ayahuasca tea ceremonies,” Iowaska’s letter to the court says. “The Government has not questioned the sincerity of either church’s religious exercise.” The government’s recent agreement with the Arizona-based Church of the the Eagle and the Condor (CEC) permits the church “to practice its ayahuasca sacrament, and to engage in related activities including importation and manufacture, on a permanent basis, subject to various anti-diversion, documentation, health and safety, inspection and security requirements,” Iowaska pointed out in its letter. “The CEC settlement must be presumed to represent the Government’s view of the public policy enshrined in the CSA and RFRA in this context,” the organization told the court, saying it would be “irrational” to penalize Iowaska while allowing CEC—which Iowaska claims never applied for an exemption—to proceed. In a one-page reply letter filed with the court last Friday, however, a lawyer for DOJ’s tax division called the government’s settlement with the Arizona church “irrelevant.” That church’s lawsuit, wrote DOJ attorney Kathleen Lyon “does not involve a request for tax exempt status…and is therefore irrelevant to the resolution of this case in any event.” Lyon also asserted that Iowaska’s letter to the court was filed inappropriately “and should be disregarded in its entirety.” “The document is not new authority,” she wrote of the federal settlement with CEC, adding that Iowaska’s submission of its the letter to the court “is not a procedure for supplementing the record on appeal.” The exchange was first reported this week by Law360. The Iowaska Church of Healing first sent its petition to the Drug Enforcement Administration (DEA) asking for an exemption around ayahuasca use in 2019. A separate request for a tax exemption with the Internal Revenue Service (IRS) initially received no response from the agency, according to court filings. The church found an unusual ally in anti-drug U.S. Sen. Chuck Grassley (R-IA), who court filings say was instrumental in expediting the regulatory appeals process back in 2021. A Grassley spokesperson told Marijuana Moment the following year that the senator’s help shouldn’t necessarily be viewed as an endorsement of the church’s point of view on psychedelics, however. The church says it has not incorporated the hallucinogen in its services since 2019 after IRS responded to an information request stating that the activity was considered illegal. It also has never conducted ceremonies at the church’s Iowa address and the sacramental ingredients have never been stored there, Bill Boatwright, an attorney representing Iowaska in the case, told Marijuana Moment in 2022. As for the Arizona church, CEC sued the government in 2022 in response to Department of Homeland Security (DHS) seizures of shipments of ayahuasca intended for ceremonial use as well as the government’s threats that the group and its members could face federal prosecution. The settlement document shared by CEC last month establishes that the group can now import, process and use ayahuasca, though DEA reserves the right to take spot samples of the imports “for the purpose of confirming that the consignment is in fact ayahuasca which contains no controlled substance other than DMT.” The group’s general counsel called the agreement “a watershed moment in the United States.” “The resolution of this case represents the government’s recognition of this community’s right to exercise their religious beliefs without interference,” Martha Hartney said in a CEC release about the settlement. “Indigenous ways are returning to a place of honor, respect, and care in American culture–a culture made more beautiful because of Indigenous ritual, art, and cosmology in which all of creation is family.” While some U.S. jurisdictions have recently loosened psychedelics laws, none has included provisions around importing psychedelic substances internationally. Separately, DEA argued last month in a U.S. appeals court case that the federal Right to Try Act—intended give patients with terminal conditions the opportunity to try investigational medications that have not been approved for general use—“does not provide anyone with a right to dispense or receive controlled substances.” The agency’s claim came in a new brief in a lawsuit filed by a Washington State doctor seeking to legally use psilocybin to treat cancer patients in end-of-life care. Meanwhile, earlier this year DEA called for the production of even more DMT—along with psilocybin and THC—for research purposes than it had initially proposed for 2024, raising quotas for those drugs while maintaining already high production goals for marijuana and psychedelics. DEA has touted its Schedule I drug production quotas as evidence that is supports rigorous research into the substances, but it’s faced criticism from advocates and scientists over actions that are viewed as antithetical to promoting studies. For example, DEA in December announced that it would take another shot at banning two psychedelics after abandoning its original scheduling proposal in 2022, teeing up a fight with researchers and advocates who say the compounds hold therapeutic potential and who more recently argued that the agency’s administrative approach to the proposed scheduling is unconstitutional. Read Iowaska’s full letter to the court and DOJ’s response below: House Committee Proposes Ending Marijuana Testing For Military Recruits In Defense Bill Photo courtesy of Apollo/Flickr. The post DOJ Calls Settlement With Ayahuasca Church ‘Irrelevant’ To Case Involving Another Psychedelic Church appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“We’re simply asking Dan Patrick to not eliminate the market but to further regulate and lean on organizations like ours.” By Karen Brooks Harper, The Texas Tribune Austin hemp entrepreneur Shayda Torabi is looking at a year filled with uncertainty. For the six years they’ve been in business, Torabi and her two sisters have operated Restart, their hemp dispensary, in a modest neighborhood in North Austin within an entirely lawful framework—evolving as the laws changed, and staying comfortably and legally off the radar of state lawmakers who authorized the sale of consumable hemp in Texas in 2019. But all of that is about to change. Some Texas lawmakers have marked hemp dispensaries for what could be some radical changes in regulations next year. Since their products were legalized, there’s been an overnight proliferation of shops offering baked goods, gummies, oils and smokable buds made with cannabis derivatives—some containing small amounts of psychoactives. Once the darling of a burgeoning wellness industry, the purveyors of legal cannabis products now face questions from critics who remain unconvinced of the safety of their products and want tighter regulations—or even partial bans. Consumable hemp products come in forms that include smokable vapes and flower buds, oils and creams, baked goods, drinks, gummies and candies. They contain industrial hemp or hemp-derived cannabinoids, including the non-intoxicating cannabidiol known as CBD. They may not contain more than 0.3 percent concentration of tetrahydrocannabinol, or THC, the intoxicating part of the cannabis plant that comes in forms known as delta-8, delta-9 and THCA. The difference in the legal and illegal products lies in the plants from which they come. Hemp and marijuana plants are both cannabis plants. Marijuana plants have high THC. Hemp has low THC. Texas is one of about a dozen states that has not legalized marijuana in any form for broad use. But thousands of dispensaries in Texas are selling hemp-derived products that look, taste and sometimes intoxicate similar to their more potent sibling. They’ve sprung up in recent years through loopholes in state and federal law that allow them to sell their low-THC products with no age limits, loose and inconsistent testing requirements and no limit on the number of licenses allowed in the state. And it’s happening amid a series of oft-changing statutes and court decisions that throw retailers, advocates, police, prosecutors and parents into confusion over what’s actually legal to buy, sell, possess and consume. Since consumable hemp was legalized in Texas, the number of retail registrations for consumable hemp products has exploded in the state. In 2020, the first year the Texas Department of State Health Services began registering retailers, some 1,948 retailers were actively registered. By 2023, that number had jumped to 8,343. And in the first four months of 2024, the state has already seen more than 7,700 active registrations. Last month, Republican Lt. Gov. Dan Patrick ordered the Texas Senate to look into potentially banning the hemp products that contain THC, and investigate strict regulations for retailers across Texas. A hearing is scheduled for later this month. There is no similar charge for the more business-friendly Texas House, which voted last year to expand the state’s medical marijuana program in legislation that also would have regulated the dispensaries. That bill never got a vote in the Senate, the result of a political maneuvering over unrelated issues and a decided lack of interest in expanding weed laws in the conservative upper chamber. Because it’s a Patrick priority, it’s likely to come up when lawmakers convene in January for the regular legislative session. Meanwhile, Congress is getting ready to reauthorize the Agricultural Improvement Act of 2018, also known as the Farm Bill, that instituted widespread changes for the hemp industry, including the authorization of the sale of intoxicating hemp-derived products. So far, the latest U.S. House and Senate versions of that bill—which both propose to loosen barriers for industrial hemp farmers—leave out any changes that would address either the increasing calls by critics for limits on dispensaries or pushes by advocates for wider access. But further changes could come before the legislation gets a vote later this year. Torabi, the Restart brand owner and president of the Texas Hemp Coalition, said she is looking for some clarity and support from both Austin and Washington. “We’re now seeing the hemp conversation not just in Texas, but nationally, show the pathway for how we can access this plant and really, ultimately help consumers who are seeking relief with cannabis products,” Torabi said. “We’re watching and waiting to see what happens next.” The state does not limit the number of dispensary registrations or hemp licenses it allows. Health officials conduct random testing for the presence of heavy metals, pathogens, pesticides, solvents and the concentration of THC. Retailers must pay an annual fee of $155 per location. License holders are on the hook for additional required state fees. Torabi’s cannabis dispensary sells hemp-derived gummies, oils, edibles and smokable plant buds that are marketed as having wellness benefits like decreased depression or stress relief. While federal drug officials have approved the use of a seizure medicine that contains CBD, most of the hemp-derived products are not regulated by the federal government. Her products contain either CBD, or low-concentration cannabinoid THC derivatives like THCA, delta-9 and delta-8. Some products are combinations of those. Some regulations that would keep her industry legit would be welcome, Torabi said. “It is the wild, wild West out there, and I can imagine you’d throw a stone in any direction and find not only new CBD products but the expansion of psychoactive cannabinoids,” said Torabi, who sells both types. “And it’s a double-edged sword. It’s great that we’re giving access to these products where the consumers are, but the lack of regulation is really the crux of the conversation.” The presence of bad actors who could trigger regulations that drag down legitimate operations not only threaten the very existence of her business if they cause a total ban on her products, Torabi said. They also ruin the reputation of people like her and the products she passionately believes in after she used CBD, at her mother’s urging, to deal with chronic pain after she was hit by a car as a pedestrian in downtown Austin years ago, she said. And while it’s true that consuming low-quality, unregulated products from unscrupulous retailers can be uncomfortable or unsafe for users, the customers coming to Restart to purchase high-quality CBD and low-dose THC products consistently tell her how they have helped them with issues like inflammation, insomnia, depression and similar benefits, Torabi said. “We share the same concerns as Patrick, which is why we really do try to self-regulate as much as possible because we see where there can be malintent or taking what the intent was and twisting it,” she said. “It’s a challenging place to be in because I do empathize with the state’s concerns, but the transformative conversations that we’re having on a daily basis are just so powerful, and those shouldn’t be overlooked.” The wellness benefits claimed by purveyors of hemp-derived consumables have been neither endorsed nor refuted by the U.S. Federal Drug Administration. Federal drug enforcement officials recently signaled that marijuana, would soon lose its status as a Schedule I narcotic—which are drugs that are highly addictive but have no medicinal value—and become eligible for broad research on its medicinal effects. That’s not an opening for legal pot or any other changes in Texas, but it does bolster the argument that cannabis in whatever form it takes can have uses beyond industrial rope and intoxicating party drugs, advocates say. “We’re simply asking Dan Patrick to not eliminate the market but to further regulate and lean on organizations like ours, and to lean on leading operators like myself at Restart, to really understand and become educated,” Torabi said. The state’s miniscule medical marijuana program, the Compassionate Use Program run by the Texas Department of Public Safety, has about 12,000 enrollees and a short list of conditions that would qualify a resident to buy low doses of marijuana in either edible or oil form. Texans with a variety of conditions—such as epilepsy, autism, cancer and post-traumatic stress disorder—can access cannabis oil from marijuana plants with less than 1 percent THC. Medical cannabis can treat the symptoms of some of these diseases or reduce the side effects of other treatments, such as alleviating the nausea and loss of appetite associated with chemotherapy or reducing nightmares in patients with PTSD. It is legal to buy and use most smokable hemp products such as flower or vape cartridges with CBD, THCA and delta-8. The smokable version of delta-9, a hemp derivative which has a higher THC level than delta-8, is illegal in Texas. All hemp derivatives can be legally sold in oils, creams, gummies, sodas, candies, coffee and other consumables that retailers like Torabi stock in storefronts, convenience stores, breweries, coffee shops, trailers and online. Consumable hemp was made legal by the federal Farm Bill in 2018 and in Texas, the following year by House Bill 1325, which Gov. Greg Abbott (R) signed into law. Critics say that because consumable hemp stores have been allowed to sell their products without stringent testing requirements, age limits or other regulations, they pose a health risk and their extreme growth in numbers has undercut access by the patients who truly need cannabis for health reasons. They want lawmakers to enact age restrictions, on-site or in-state testing requirements, regulations on the ingredients and changes to how the psychoactive ingredients in the consumable hemp products are measured by state regulators. States like Colorado, where both medical and recreational marijuana are legal, are putting tighter restrictions like these on those products as a way to reign in access and force more health and safety accountability on the consumable hemp industry. Many of the current retailers, including Torabi, put some of these restrictions on themselves. All of Restart’s non-smokeable products are produced in Texas, including some handcrafted in her hometown of Austin. Her shop does not sell to anyone under the age of 21 for delta-8 and delta-9 products and 18 for CBD products. Nico Richardson, CEO of Texas Original, the leading medical cannabis provider in the state, is frustrated that his operation, which his medical marijuana patients depend on for relief from symptoms of cancers and nerve disorders among other ills, is hindered by enormous regulation while businesses like Torabi’s are not. For example, since he can only store his inventory in one location under Texas law, it gets ferried back and forth across the state at Richardson’s company’s expense. If a patient in the medical marijuana program in El Paso doesn’t pick up an order, Richardson’s staff has to drive to that city and bring that order of medical grade cannabis product back to Austin—a huge expense as well as an enormous waste of staff resources, he said. “On the way, my driver passes probably 1,500 hemp dispensaries dealing delta-8 and delta-9 with no restrictions, and it’s everywhere in the state,” Richardson said. “Am I upset about that? Yes. I think it’s absolutely horrendous.” Texas Original is one of two medical marijuana providers in Texas and serves the vast majority of the patients on the state program, Richardson said. “You have patients in Texas that have gone through the process in the compassionate use program to get clean, well-tested, well-regulated medicine that is safe. That’s what they’re coming into the program for, and that’s what we’re trying to provide them,” Richardson said. But that system will not survive if the hemp industry is not reigned in, he said. People are too easily convinced that all consumable hemp products are safe because they can buy them in the gas station or because they were at some point tested before they were sold, he said. “It is complete and utter gaslighting,” Richardson said. Lawmakers have instituted regulations beyond basic licensing fees and requirements in place, such as a restriction that the products can’t contain more than 0.3 percent THC by weight and that retailers have records showing that the products have been tested to confirm those numbers. But there is no guidance, for example, on how recently a product should have been tested, even though the amount of THC in a product can increase over time due to degradation and environmental factors. Short of seeing a shutdown of the entire hemp industry, Richardson said tighter industry regulations “are long overdue.” “It was never the intent here in Texas, and it certainly was never the intent for the 2018 federal Farm Bill, that you’d have a massive industry of—let’s call it what it is—intoxicating hemp derivatives. It’s marijuana by another name,” he said. “That’s certainly not how the system was supposed to run.” Near the end of May, the Texas Senate State Affairs Committee will hear public testimony about the issue. Both Richardson and Torabi plan to be there. Torabi envisions a movement that would join people like her and Richardson—currently at odds in the fight—to craft a regulatory framework in Texas that allows access to all cannabis products, from low-dose CBD to medical grade pot to maybe even recreational legalization. But what Torabi sees now is an opportunity for the pro-cannabis community to be a national leader in treating the plant as a tool for wellness, in whatever form it can be delivered. “It’s not like we’re legalizing cannabis, and it’s going to be a free-for-all, and there’s no rules and checkpoints—that’s absolutely not what we’re asking for,” Torabi said. “We’re just asking for inclusion, legitimacy and the acceptance that this is not something that you can keep dismissing as a conversation.” This article originally appeared in The Texas Tribune at https://www.texastribune.org/2024/05/14/texas-senate-hemp-marijuana/. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org. House Committee Proposes Ending Marijuana Testing For Military Recruits In Defense Bill Photo courtesy of Kimzy Nanney. The post Texas Senate Considers Ban On Intoxicating Hemp-Derived Delta-8 And -9 THC Products appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Hemp businesses, marijuana companies, state regulators, prohibitionists and congressional lawmakers are all vying to have their cannabis priorities represented in the forthcoming Farm Bill. But while there are shared interests among certain stakeholders, some competing proposals have created tension in unexpected ways. The hemp industry, for example, is at odds with select marijuana companies that are aligned with prohibitionists—with the strange bedfellows in agreement on proposed restrictions on intoxicating hemp-derived cannabinoids such as delta-8 THC. “Policy challenges related to hemp are complex, and several steps are required to fully address them,” U.S. Cannabis Council (USCC) Executive Director Edward Conklin said in a letter to congressional leaders last month. “However, the most important and time-sensitive of those steps is within your control and well within the authority of the Farm Bill: Close the loophole created by the current definition of hemp established by the 2018 Farm Bill and create a regulatory pathway for non-intoxicating products.” The language recommended by USCC, which represents major cannabis companies, would remove intoxicating cannabinoid products intended for consumption from the definition of federally legal hemp and reclassify them as federally illegal marijuana products. Likewise, the prohibitionist Community Anti-Drug Coalitions of America (CADCA) sent out an alert to supporters last week saying they “strongly recommend that the loophole caused by the 2018 Farm Bill definition of hemp be closed by adding clarifying language to the 2024 Farm Bill definition of hemp to explicitly exclude intoxicating semi-synthetic cannabinoids derived from hemp.” Hemp stakeholders, including the U.S. Hemp Roundtable, meanwhile, recognize that the current statute has allowed an unregulated cannabinoid market to proliferate—sometimes inviting bad actors to the table. But rather than impose an outright ban, which would have a major economic impact on an already struggling market, they’ve proposed enacting robust regulations to mitigate public health and safety concerns. Shortly after Senate Democrats released a summary of their Farm Bill draft, the association applauded descriptions of provisions to eliminate a ban on industry participation by people with drug-related felonies on their record and reduced regulatory barriers for hemp farmers growing for grain or fiber. It also noted that the summary didn’t signal any substantive change to the definition of hemp that could impact the cannabinoid market. “Some marijuana organizations have joined prohibitionists to propose bans that could federally criminalize products with any amount of THC, even non-intoxicating full spectrum CBD products,” the Roundtable said. “We continue to lobby Congress against such restrictions and are hopeful that our approach—regulating all products and keeping products that may impair out of the hands of children—will prevail in the end.” Jonathan Miller, general counsel for the Roundtable, told Marijuana Moment it’s important to remember that “the marijuana industry is not monolithic,” and there are many instances of overlap between the hemp and marijuana sectors. “But there certainly are some organizations and companies in the marijuana space that view adult hemp products as competition and are upset that there’s less regulation of the hemp products than there are the marijuana products, and so they’ve come to the conclusion that we need to federally ban all these hemp products,” he said in an interview. At the same time, “there are a lot of marijuana companies who are getting into the hemp space, and the general agreement of the hemp industry and these marijuana companies is: Let’s not go to prohibition, let’s regulate,” Miller said. “And this is what the U.S. Hemp Roundtable has been arguing for years.” David Culver, senior vice president for USCC, the marijuana industry group, told Marijuana Moment that his organization “supports a uniform approach to THC products.” “That means intoxicating hemp products should be regulated the same as cannabis products,” he said. “We believe that all of these products should be available for sale to adults with strict age gating and safety standards. Closing the perceived loophole in the Farm Bill would create parity and facilitate state-level regulation, followed by eventual federal legalization of all THC products.” Of course, marijuana is not currently federally legal and regulated with age limits as USCC desires. And so by putting intoxicating hemp products on par with marijuana again under the Controlled Substances Act, the organization’s proposal would amount to putting a national prohibition back on the books by removing the exemption from the federal definition of marijuana that hemp derivatives currently enjoy. The House Agriculture Committee didn’t make any mention of hemp policy in its initial Farm Bill summary document circulated earlier this month. Nor did it include the policy issue in an updated and expanded summary that was released on Friday. Politico reported last week that the chair of that panel, Rep. Glenn Thompson (R-PA) said that hemp is one of the final issues members are working to resolve in their draft. Thompson also said that he’s heard from members on both sides of the aisle who support and oppose redefining hemp to close a “loophole” on intoxicating products. As of now, it’s not clear from the documents posted by the House and Senate committees what language addressing the definition of hemp could actually be in the chambers’ respective Farm Bill legislation when the proposals are unveiled. But with a House committee markup scheduled for next Thursday, it will soon be revealed where that panel falls on the issue. Reid Stewart, CEO of cannabis concentrate manufacturer Frozen Fields, said in a press release last week that the “ambiguity” of the Senate summary on hemp redefinition “is alarming for the hemp industry, especially considering the potential implications.” “The proposed redefinition of hemp could jeopardize the livelihoods of over 50,000 small businesses that sprang up following previous legislation,” he said. “It seems counterproductive for the federal government to potentially criminalize hemp—an industry born from laws it enacted, especially when past policies on similar issues have not only failed but also contributed to the mass incarceration of hundreds of thousands of people.” State marijuana regulators, meanwhile, are proposing a different kind of remedy, calling on Congress to update the agriculture legislation with legislation clarifying states’ rights to enact their own regulations for hemp-based intoxicating cannabinoids, citing instances where there’s been litigation asserting that federal law preempts such rulemaking. “Federal clarification of states’ existing authority is thus essential to allow states to continue to protect public health and integrity in the hemp industry—as the 2018 Farm Bill always intended,” three executives with the Cannabis Regulators Association (CANNRA) said in a letter to congressional leaders on Monday. CANNRA had previously recommended to Congress in a letter last year that lawmakers adjust the federal definition of hemp and modify rules around hemp-derived cannabinoids. Meanwhile, the Congressional Climate Solutions Caucus also sent a letter to leaders of the House Agriculture Committee late last week that urged them to attach to the Farm Bill language from separate bipartisan legislation that would reduce regulations on farmers that grow industrial hemp for non-extraction purposes. Under the standalone bicameral measures, farmers that cultivate industrial hemp would no longer be subject to background checks in order to participate in the market, and they wouldn’t have to fulfill rigorous sampling and testing requirements. Separately, with respect to lifting the felony conviction ban for hemp farmers as described in the Senate Farm Bill summary, Reps. David Trone (D-MD), Chellie Pingree (D-ME), Dave Joyce (R-OH) and Nancy Mace (R-SC) introduced the “Free to Grow Act” last year. They said upon introduction that it would end what they called a “discriminatory” federal policy barring people with prior felony drug convictions from owning or leading legal hemp businesses. Pingree also introduced legislation last session titled the “Hemp Advancement Act” that would reduce regulatory barriers for hemp farmers cultivating the crop for fiber or grain, while enacting other changes favored by stakeholders such as increasing the THC threshold for legal hemp from 0.3 percent THC by dry weight to one percent. Lawmakers and stakeholders have also been eyeing a number of other proposals that could be incorporated into the Farm Bill, including measures to free up hemp businesses to legally market products like CBD as dietary supplements or in the food supply. — 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. — Meanwhile, the hemp market started to rebound in 2023 after suffering significant losses the prior year, the latest annual industry report from the U.S. Department of Agriculture (USDA) that was released last month found. The data is the result of a survey that USDA mailed to thousands of hemp farmers across the U.S. in January. The first version of the department’s hemp report was released in early 2022, setting a “benchmark” to compare to as the industry matures. Bipartisan lawmakers and industry stakeholders have sharply criticized FDA for declining to enact regulations for hemp-derived CBD, which they say is largely responsible for the economic stagnation. To that end, FDA Commissioner Robert Califf testified before the House Oversight and Accountability Committee last month, where he faced questions about the agency’s position that it needed additional congressional authorization to regulate the non-intoxicating cannabinoid. USDA is also reportedly revoking hemp licenses for farmers who are simultaneously growing marijuana under state-approved programs, underscoring yet another policy conflict stemming from the ongoing federal prohibition of some forms of the cannabis plant. For the time being, the hemp industry continues to face unique regulatory hurdles that stakeholders blame for the crop’s value plummeting in the short years since its legalization. Despite the economic conditions, however, a recent report found that the hemp market in 2022 was larger than all state marijuana markets, and it roughly equaled sales for craft beer nationally. Meanwhile, internally at USDA, food safety workers are being encouraged to exercise caution and avoid cannabis products, including federally legal CBD, as the agency observes an “uptick” in positive THC tests amid “confusion” as more states enact legalization House Committee Proposes Ending Marijuana Testing For Military Recruits In Defense Bill Photo courtesy of Pixabay. The post Hemp Industry Pushes Back Against Marijuana Companies Advocating For Intoxicating Cannabinoid Ban In Farm Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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FL legalization TV ads; Study on psilocybin, God & consciousness; Pushback on NY gov firing marijuana regulator; NE medical cannabis signatures Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Hold on, just one second before you read today’s news. Have you thought about giving some financial support to Marijuana Moment? If so, today would be a great day to contribute. We’re planning our reporting for the coming months and it would really help to know what kind of support we can count on. Check us out on Patreon and sign up to give $25/month today: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW The House Armed Services Committee is set to consider National Defense Authorization Act legislation next week that would prohibit military branches from testing recruits for marijuana as a condition of enlistment. It would also ask the Department of Defense for an update on psychedelics research. The Florida marijuana campaign seeking to pass a legalization initiative on the November ballot released four new TV ads as it works to educate voters following a series of recent polls showing the measure without enough support to be enacted. Nebraska activists say they’ve met a key requirement to qualify a pair of medical cannabis initiatives for the November ballot, collecting enough signatures from at least 38 of the state’s 93 counties. A new study found that using psychedelic mushrooms is not associated with an increased belief in God but it can make people more likely to think that plants, animals, rocks, robots and even the universe as a whole have consciousness. The Cannabis Regulators of Color Coalition authored a new Marijuana Moment op-ed decrying New York Gov. Kathy Hochul’s (D) “unjust and untimely” ouster of the state’s top marijuana official, saying it is “unconscionable” that he was “scapegoated for all the challenges” in the state’s legal market. Massachusetts marijuana social equity business owners say they’ve been set up to fail, with some pushing to increase the cap on how many licenses a single company can hold so that struggling entrepreneurs can sell their operations to bigger firms. An Arkansas Department of Finance and Administration official said the state now has far more registered medical cannabis patients than regulators expected when legal access launched five years ago. Alabama’s medical cannabis business licensing process continues to be held up by ongoing litigation after several bills attempting to address the issue died when the legislature adjourned last week. / FEDERAL A former Drug Enforcement Administration official was sentenced to three years in prison for bribing a colleague to leak intelligence to defense lawyers seeking to profit off the timing of indictments and other sensitive information about drug investigations. Senate Judiciary Committee Chairman Dick Durbin (D-IL) discussed his support for marijuana rescheduling and cannabis banking legislation. Sen. John Kennedy (R-LA) authored an op-ed and spoke on Fox News about his opposition to drug decriminalization. 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.” Rep. Pete Sessions (R-TX) tweeted, “Biden’s decision to reclassify marijuana is strictly political. Ignoring research-based fact to push a woke agenda is reckless and jeopardizes public safety.” / STATES Connecticut Gov. Ned Lamont (D) signed legislation to restrict intoxicating hemp products, establish requirements for marijuana testing and create a task force to study allowing social equity applicants to grow cannabis in lots and facilities that are used for hemp cultivation. California Gov. Gavin Newsom (D) touted the state’s efforts to combat illegal marijuana operations. Louisiana lawmakers sent Gov. Jeff Landry (R) legislation to extend the state’s medical cannabis program until 2023 and make changes to the licensing structure. Separately, the House Administration of Criminal Justice Committee approved a Senate-passed bill to ban hemp-derived THC products. Massachusetts lawmakers and regulators participated in an annual “State of Cannabis” briefing. A Nebraska legislature candidate said she wants the state to consider legalizing and taxing marijuana. New York regulators reportedly approved a chemical for cannabis extraction without notifying a processor whose facility was shut down for using the solvent and who has alleged she was retaliated against for leaking a conversation she had with a top official. Vermont regulators published guidance on marijuana business license renewals. Oregon regulators will consider hemp rules changes and the implications of federal marijuana rescheduling on Thursday. New Jersey regulators will host a listening session on the marijuana business permitting and licensing process on Thursday. — 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 New York City’s mayor touted the results of the first week of an initiative to close unlicensed marijuana businesses. El Paso County and Pueblo County, Colorado police seized cash from multiple dispensary locations of a marijuana company. / INTERNATIONAL German lawmakers are expected to consider cannabis-related changes to driving laws on Thursday. Separately, the health minister spoke at a youth-focused event on marijuana legalization. / SCIENCE & HEALTH A study found that Department of Veterans Affairs health care providers “were more likely to agree than disagree that cannabis can be beneficial.” A review concluded that “CBD also possesses anti-inflammatory, antioxidant, and neuroprotective properties, making it a viable candidate for [Alzheimer’s disease] treatment.” / ADVOCACY, OPINION & ANALYSIS The Florida Sheriffs Association and Florida Police Chiefs Association have not yet taken a position on the marijuana legalization initiative on the state’s November ballot. Fox News host Laura Ingraham accused Democrats of being “cynical and condescending” in pursuing marijuana legalization allegedly to activate the youth vote. / BUSINESS iAnthus Capital Holdings, Inc. reported quarterly revenue of $41.6 million and a net loss of $14 million. Glass House Brands Inc. reported quarterly net revenue of $30.1 million and a net loss of $18.3 million. Organigram Holdings Inc. reported quarterly net revenue of C$37.6 million and a net loss of C$27.1 million. SHF Holdings, Inc., d/b/a/ Safe Harbor Financial reported quarterly revenue of $4.1 million. CV Sciences, Inc. acquired Elevated Softgels, LLC. / CULTURE Willie Nelson is publishing a cannabis cookbook. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: Photo courtesy of Chris Wallis // Side Pocket Images. The post Congress considers ending cannabis tests for military recruits (Newsletter: May 15, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Nebraska activists say they’ve met a key signature gathering requirement to place a pair of medical marijuana legalization initiatives on the state’s November ballot. In an email blast to supporters on Tuesday, Nebraskans for Medical Marijuana (NMM) said they’ve now collected valid petitions from at least five percent of registered voters in 38 of the state’s 93 counties—one of the main requirements to qualify the cannabis measures for ballot placement. “But we are NOT DONE! We still have a big hill to climb to ensure that we have a buffer of signatures so that we are 100% certain we’re on the November ballot,” Crista Eggers, campaign manager of NMM, said. NMM has worked to put medical cannabis on the ballot for two prior election cycles, only to come short due to setbacks such as the loss of critical funding in the last election cycle and intervention by the state Supreme Court in the prior attempt. “We know from our two previous petition drives that we can’t just settle with the lowest possible number of signatures prior to turning in our petitions to the Nebraska Secretary of State,” Eggers said. “So we’re taking advantage of every opportunity to keep qualifying counties!” The includes signature gathering at polling locations on Tuesday to take advantage of primary election day. The campaign says it will be circulating petitions through 8pm local time—and they’re also soliciting donations to sustain the push. The first of the two current ballot initiatives from the campaign would require lawmakers to codify protections for doctors who recommend cannabis and patients who purchase and possess it. The patient-focused measure says that its aim is to “enact a statute that makes penalties inapplicable under state and local law for the use, possession, and acquisition of limited quantities of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner, and for a caregiver to assist a qualified patient in these activities.” The other initiative would create a new a Nebraska Medical Cannabis Commission to provide “necessary registration and regulation of persons that possess, manufacture, distribute, deliver, and dispense cannabis for medical purposes.” While the campaign has faced setbacks in past election cycles, advocates got an early start on signature gathering this round. In addition to meeting the county-based threshold, activists must generally collect signatures from at least seven percent of registered voters statewide to qualify for the ballot. Volunteers have been filling out petitions since last July, about two months after turning in the pair of complementary legalization initiatives to the secretary of state’s office. Gov. Jim Pillen (R) has already voiced opposition to the reform effort, saying in September that legalization “poses demonstrated harms to our children,” and that medical cannabis should only be accessible if its approved by the Food and Drug Administration (FDA). Eggers told Marijuana Moment at the time that the governor’s argument is a “cop out,” and she says the campaign will let voters decide for themselves. “We can’t stop until we get that done. That’s where we’re at, and that’s how our campaign feels,” she said. “We just keep showing up. And the reason we have to do that is because there is no option.” — 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. — One of NMM’s earlier campaigns gathered enough signatures for ballot placement in 2020, but the measure was invalidated by the state Supreme Court following a single-subject challenge. Supporters then came up short on signatures for revised petitions in 2022 due in large part to the loss of funding after one of their key donors died in a plane crash. Nebraska lawmakers, including campaign co-chair Sen. Anna Wishart (D), have also attempted to enact the reform legislatively, but cannabis bills have consistently stalled out in the conservative legislature. Wishart’s medical cannabis bill received a hearing in the unicameral Judiciary Committee last year, but it did not advance. She attributed the inaction to changes in committee membership. An earlier version of the measure ultimately stalled out in the GOP-controlled legislature amid a filibuster that supporters could not overcome. Cannabis Regulators Of Color Condemn New York Governor’s Ouster Of Top Marijuana Official (Op-Ed) Photo courtesy of Brian Shamblen. The post Nebraska Medical Marijuana Ballot Campaign Meets Key Signature Requirement appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“The fact that the head of one of the state’s few Black-led agencies has been scapegoated for all the challenges identified in the OGS report is unconscionable.” By Shekia Scott & Cat Packer, Cannabis Regulators of Color Coalition The Cannabis Regulators of Color Coalition (CRCC) is profoundly shocked and dismayed at New York Gov. Kathy Hochul’s (D) sudden announcement last week of an operational overhaul of the Office of Cannabis Management (OCM), which includes the decision not to reinstate OCM Executive Director Chris Alexander, a highly competent and trusted leader, at the end of his term in September. This decision, seemingly influenced solely by a biased and inflammatory report from the New York State Office of General Services (OGS) poses a grave threat to the progress and integrity of equitable cannabis regulation in New York State. While the OGS report identifies common challenges that new regulatory agencies and programs face, such as staffing issues, technological hurdles and licensing process inefficiencies, it emphasizes these challenges as unique to OCM. Of particular concern, it repeatedly characterizes the office’s leadership as inexperienced and untrustworthy. However, little to no evidence is provided within the audit itself to support these assertions. The scope of this audit is also dubiously narrow as it attempts to investigate the effectiveness of the OCM solely by looking at the newly implemented adult-use licensing process while ignoring other office activities required by law, including policy development, public education, compliance and business development. Despite the focus on licensing, the report portrays a widespread picture of incompetence and untrustworthiness in OCM’s leadership overall. This compromises the autonomy and credibility of the OCM, even though similar audits of more established state agencies have demonstrated comparable or even exacerbated challenges. While audits can and should be helpful tools for program evaluation and improvement, the OGS report blames the challenges of New York State’s legal cannabis market on the competence and trustworthiness of OCM leaders—despite the fact that it is unfounded and unproven by the report itself and despite the fact that OCM leadership was appointed by the governor herself. Moreover, the auditor’s tendency to attribute decisions to OCM without clarifying the agency’s decision-making authority deflects accountability from the governor and OGS, both responsible for supporting OCM during this startup phase. The fact that the head of one of the state’s few Black-led agencies has been scapegoated for all the challenges identified in the OGS report is unconscionable. It is essential to address the root causes of OCM’s challenges, including the six-month delay in appointing the executive director, litigation that delayed retail licensing progress for nine months, OGS’s inability to support OCM in its staffing efforts and constant attacks to undermine the Marihuana Regulation and Taxation Act’s (MRTA) fundamental goal of repairing the harms of the war on drugs. Lastly and most critically, the governor’s failure to prioritize the implementation of the state’s Social Equity Fund and ongoing defense of the Dormitory Authority of the State of New York (DASNY) have left hundreds of justice-involved retail licensees without expected support, further exacerbating operational gaps within the state’s cannabis industry. Despite these delays and a clear lack of support, within two years, New York’s legal cannabis industry under OCM’s leadership already well exceeds national averages for minority- and women-owned businesses, while driving more than $300 million in retail sales. Drawing from our extensive experience across multiple jurisdictions, many of which include launching new cannabis regulatory agencies, it is critically important to note that the vast majority of the challenges outlined in the OGS report are not unique to the OCM but are inherent to the initial phases of regulatory implementation and are encountered by regulatory bodies worldwide. This is not leadership incompetence; it is a learning curve for governments everywhere. Furthermore, it’s important that government leaders, especially those representing communities most impacted by cannabis criminalization are empowered in their efforts to support these reforms. This audit neglects to provide a holistic comparison with other regulatory bodies facing comparable challenges. The selective scrutiny misrepresents the complexities of establishing a new regulatory framework and unfairly targets OCM and its leadership, undermining its current efforts and accomplishments. It is essential to assess regulatory performance within the broader context of comparable agencies to ensure fair evaluation and to avoid unjust criticism. CRCC supports a transparent and evidence-based approach to cannabis regulation and New York State’s efforts to identify and address the challenges facing OCM as it continues its equity-centered mission to implement a regulatory framework that addresses the harms of cannabis criminalization. However, blaming these challenges solely on OCM leadership’s experience and trustworthiness without merit is unacceptable. We call on Gov. Hochul to ensure that assessments of the OCM’s performance are fair, comprehensive and based on objective evidence. Moreover, we urge the governor to reconsider her unjust and untimely decision to sever ties with Executive Director Chris Alexander, as it will further exacerbate challenges and delays in critical areas such as licensing, staffing, equity and overall regulatory implementation. Shekia Scott is a board member of the Cannabis Regulators of Color Coalition (CRCC) and is the senior cannabis business manager in the Boston, Massachusetts Mayor’s Office of Economic Opportunity and Inclusion. She previously served as the inaugural director of equity and community outreach for the Massachusetts Cannabis Control Commission, the first such position in the nation. Cat Packer is the vice chair of the Cannabis Regulators of Color Coalition, director of drug markets and legal regulation at the Drug Policy Alliance and a distinguished cannabis policy practitioner in residence at The Ohio State University Moritz College of Law’s Drug Enforcement and Policy Center. She previously served as the first executive director of the City of Los Angeles Department of Cannabis Regulation. New York Lawmakers Demand Scrutiny Of State’s Marijuana Contract With Chicago-Based Private Equity Firm Photo courtesy of Mike Latimer. The post Cannabis Regulators Of Color Condemn New York Governor’s Ouster Of Top Marijuana Official (Op-Ed) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“What we’re saying is that ours is an administrative appeal, not a lawsuit.” By Alander Rocha, Alabama Reflector Medical cannabis, approved by the Alabama Legislature three years ago, remains ensnared in legal disputes over the state’s licensing process. The litigation is likely to continue after several bills aimed at addressing the impasse died in the legislative session. And the relationship of the various lawsuits against the Alabama Medical Cannabis Commission was the focus of a hearing in Montgomery County Circuit Court on Monday. Numerous companies hoping for a license joined the initial lawsuit, brought by Alabama Always, against the commission. Because the state, or its agencies, can’t be named a defendant, Will Somerville, attorney for Alabama Always, asked the court to dismiss the initial lawsuit and filed a new, similar one naming the commissioners instead. Now the question is whether the other lawsuits against the Alabama Medicaid Cannabis Commission consolidated into the initial lawsuit can move forward. Patrick Dungan, attorney representing three firms that either received or was denied a license in the three rounds of licensing, said that his filing was not a lawsuit. “The law is clear. A petition for judicial review is not a ‘suit against the state,’” Dungan said in a motion filed last week. He said that after the court hearing petitioners have to name an agency when making an appeal. “What we’re saying is that ours is an administrative appeal, not a lawsuit,” he said after the hearing. AMCC first awarded licenses to produce medical cannabis June 2023, but the commission voided them after they said there were inconsistencies in scoring applications. The commission attempted a second time to award licenses in August, but a lawsuit alleging Open Meetings Act violations derailed the process. The commission attempted a third time in December to award licenses, where further litigation has stalled the process. Attempts in the Legislature to address the legal problems mostly failed this year. The only bill related to medical cannabis that was sent to Gov. Kay Ivey’s (R) desk was HB 390, sponsored by Danny Crawford (R-Athens), which shifts licensing powers for cultivators from the Department of Agriculture and Industries to the Alabama Medical Cannabis Commission. SB 276, sponsored by Sen. David Sessions (R-Grand Bay), would have increased the maximum number of dispensary licenses from four to seven; required the Alabama Medical Cannabis Commission (AMCC) to issue 10 licenses for integrated facilities, or businesses that can grow, process and distribute medical cannabis, and increase the maximum number of processor licenses from four to six. As originally filed, it would have issued 15 licenses for integrated facilities. The bill would also have required the AMCC to confirm any licenses granted by the commission from June to December of last year by June 15. SB 306, sponsored by Sen. Tim Melson (R-Florence), who also sponsored the 2021 medical cannabis legislation, would have restarted the licensing process and taken away some of the powers of the AMCC. The Alabama Securities Commission would have had to verify and evaluate applications before AMCC could select candidates. The two bills—aimed at getting the program started—stalled in the Senate and never reached the floor for a vote before the end of session. This story was first published by Alabama Reflector. Florida Marijuana Campaign Releases Four Ads To Build Support For Legalization Ballot Initiative Amid Underwhelming Polls Photo courtesy of Chris Wallis // Side Pocket Images. The post Alabama Litigation Over Marijuana Licensing Process Continues As Legislative Efforts Fall Short appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net