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An Ohio legislative panel has approved a regulatory framework for the state’s marijuana market that pushes up the implementation timeline, creating a licensing scheme that could allow adult-use sales to launch next month in current medical cannabis dispensaries. The legislature’s Joint Committee On Agency Rule Review (JCARR) gave final approval to the proposed cannabis regulations on Monday. While regulators have until September to start issuing cannabis business licenses under the ballot initiative that voters approved last November, the Division of Cannabis Control (DCC) devised a plan to start granting dual licenses to existing medical marijuana operators to begin serving adult consumers early this summer. That plan, as well as other rules setting up the basic infrastructure for legalization, was accepted by the committee. Applications for prospective dual licensees will be opened up no later than June 7, and they could start selling cannabis to patients and adults alike once they’re approved. Rep. Jamie Callender (R), vice chair of JCARR, thanked the head of DCC for “the work you’ve put in on this—for doing this timely and to help move forward the will of the voters, and we look forward to watching these rules go into effect in a couple of weeks.” He said regulators have assured him that they will have applications online prior to the new rules’ June 7 deadline, and he’s optimistic that means sales could begin by mid-June. The expedited application launch should be welcome news for Ohio Gov. Mike DeWine (R). While he doesn’t personally support legalization, he’s repeatedly criticized the delay in access to regulated products since voters made that choice and possession became legal in December.  Sen. William DeMora (D) also said at the meeting that he wanted to “commend” the DCC for the rules, saying they’ve “done a great job for majority these things, and I think the will of voters has been met.” Legislative leaders had separately discussed putting together a bill to make various changes to the law, including expediting sales, but the plans have largely fallen apart amid disagreement within the GOP-controlled legislature. The Senate did pass an amendment package just prior to legalization taking effect, but the House has not taken it up, nor has it moved to advance a different proposal that originate in the House. — Marijuana Moment is tracking more than 1,400 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. — James Canepa, who was selected to serve as the first superintendent of the Division of Cannabis Control, previously said that the legislature’s delayed action could complicate regulators’ work to effectively stand up the new market. Meanwhile, as regulators have worked to finalize regulations for the adult-use market, it already implemented a change in February that allows medical marijuana patients and caregivers to obtain or renew their registrations for only one penny. That fee was then totally eliminated with the adoption of a new rule at Monday’s JCARR meeting. The fee elimination is part of an initial package of rules that DCC released in February to implement adult-use legalization. Following voter approval of legalization at the ballot, the Department of Commerce was quick to publish an FAQ guide for residents to learn about the new law and timeline for implementation. Gov. Mike DeWine (R), meanwhile, has previously pressed the legislature to enact changes to expedite recreational marijuana sales. But he’s indicated that his more immediate concern is regulating the sale of intoxicating hemp-derived cannabinoids such as delta-8 THC. “This is time for the legislature to move,” the governor, who also raised the issue during his State of the State address last month, said. “We can’t do it ourselves.” Alaska House Passes Marijuana Tax Reform Bill The post Ohio Lawmakers Approve Rules Allowing Adult-Use Marijuana Sales To Start Next Month appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Minnesota officials have expunged more than 57,000 records for marijuana convictions under the state’s legalization law, the Department of Public Safety Bureau of Criminal Apprehension (BCA) announced on Monday. The automatic record sealing process that the law requires was completed three months ahead of schedule. Of the cases that were reviewed, 57,780 were expunged. The Minnesota Judicial Branch only identified 213 records that it determined were ineligible for relief. “We are pleased to be able to deliver on this legislative priority,” BCA Superintendent Drew Evans said in a press release. “Minnesotans will see changes to their records immediately and as additional expungements are made in the months and years ahead.” Now that the records have been sealed on the state’s Criminal History System (CHS), officials will now compile lists of expunged cases and distribute them to local law enforcement agencies so they can be removed from their individual systems as well. An independent Cannabis Expungement Board will also review records for felony cannabis convictions that didn’t qualify for automatic sealing and determine on an individual basis whether they’re eligible for resentencing or expungement. That process could take “several years,” the Department of Public Safety said. An initial analysis showed that more than 66,000 criminal records were eligible for automatic expungement under the Adult-Use Cannabis Act, while another 230,000 felony records are eligible for review by the Cannabis Expungement Board. “The Cannabis Expungement Board is tasked with the thoughtful and careful review of cannabis-related felonies and we are quickly moving forward to build a team to accomplish the work,” Cannabis Expungements Board Executive Director James Rowader said. “It is very encouraging to see that misdemeanor cannabis criminal records are moving toward expungement now,” he said. “These actions together will have a lasting and significant equity impact on communities throughout the state of Minnesota.” BCA will also conduct another review of marijuana records in 2025 to see if any cases that were still going through the court process this year should be automatically sealed. — Marijuana Moment is tracking more than 1,400 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. — Under the cannabis legislation that Gov. Tim Walz (D) signed into law last year, the bureau will also need to submit a report to legislative committees with “summary data” and “the total number” of cases that were cleared. Additional criminal records will be expunged under the Clean Slate Act, a separate law passed last year that will automatically expunge records for non-violent, non-felony crimes beginning in January 2025. Meanwhile, the House and Senate recently approved a bill to make a series of changes to the marijuana law, including strengthening social equity provisions and revising the licensing process. That measure is currently in a bicameral conference committee after the House refused to accept certain Senate amendments. New Hampshire Senate President Says He Hopes Marijuana Legalization Bill Dies In His Chamber Photo courtesy of Philip Steffan. The post More Than 57,000 Marijuana Records Have Been Automatically Expunged Under Minnesota’s Legalization Law, Officials Announce appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Ahead of further consideration by the New Hampshire Senate this week of a House-passed bill to legalize marijuana, the body’s president says he’s hoping the proposal fails to make it out of his chamber. “I don’t want to see it get out of the Senate, period,” Sen. Jeb Bradley (R) said in an interview with WMUR that aired on Sunday. Bradley said he wasn’t interested in crafting any political deals around cannabis legalization, noting that he has major concerns with the proposal. “Marijuana is going to rise or fall on its own merits,” he said. “I think there are significant problems with legalizing marijuana—health problems [and] mental health problems that are increasingly becoming documented.” “I don’t think any state should invite the black market into their state for marijuana, and that’s what will happen,” the Senate president argued. “And look, I say that as somebody that was the architect of the compromise to decriminalize marijuana. But sometimes a step too far is a step too far, and that’s what I think marijuana is.” Though he’d rather the bill die in the Senate, Bradley said in the interview that he nevertheless feels an obligation to adjust the proposal to address his concerns in case it does pass. “If there are 13 votes for it, I’m gonna try to make it the most user friendly for New Hampshire,” he explained. “So keeping the black market out, making sure the regulatory process is tight, making sure that there is a THC limit on the products that can be sold, and making sure that big marijuana—you know, the same as Big Tobacco—is not dominating the politics of the statehouse. To me that’s really important if it’s going to pass.” Last week the Senate Judiciary Committee became the first-ever Senate panel to sign off on a marijuana legalization proposal, approving it on a narrow, 3–2 vote. Before advancing the measure, HB 1633, the committee approved a sweeping amendment from Sen. Daryl Abbas (R), who chaired a failed state commission on legalization late last year. The bill next heads to the Senate floor, where further amendments could be made before it potentially proceeds to a second Senate committee. In its current version, the proposal would allow 15 stores to open statewide under a novel state-run franchise system, under which the state’s Liquor Commission would oversee the look, feel and operations of the retail shops. Among other revisions, Abbas’s amendment increased the proposed penalties for public consumption of marijuana to include the possibility of jail time and would levy a franchise fee—effectively a tax—on medical marijuana purchases. Abbas’s amendment also limits each municipality to only a single cannabis retail establishment unless it’s home to more than 50,000 people. Only two cities in the state, Manchester and Nashua, meet that threshold. Local voters would also need to pre-approve the industry in order for businesses to open in that jurisdiction. Though advocates have said they’re pleased to see New Hampshire make progress toward legalization, they’re also concerned about some of Abbas’s latest changes. ACLU of New Hampshire and other civil rights advocates have opposed the increased penalties for public consumption, for example, warning that it would lead to disproportionately severe and lasting consequences and could end up costing the state more money because it will be required to provide defense lawyers for defendants who cannot afford one. Bradley, the Senate president, also offered a package of changes at last week’s hearing. Among other adjustments, they would have eliminated the possibility for vertical integration by cannabis businesses, removed provisions limiting asset forfeiture around marijuana activity, limited THC content in cannabis products to no more than 15 percent, mandated that products be tested for a list of contaminants already in place in Canada and required that workers in the industry complete mandatory mental health and reporting trainings. The proposal was not adopted by the panel, however. Abbas explained to colleagues that he’s not excited about the prospect of legalization, but he feels it makes more sense for New Hampshire to regulate marijuana as it becomes more widely available in New England. “Is this a huge win for the state? I’m not saying that,” he said. “I just have concerns right now because we’re dealing with what we can’t control. We can’t control what they do in Maine. We can’t control what they do in Vermont. We can’t control what they do in Massachusetts.” “A lot of the problems that can come from this, I think we got it—we’re already dealing with it,” Abbas added. “This was my best guess to mitigate some of those negative impacts.” For example, in response Bradley’s concerns about “inviting” the illicit market into New Hampshire, Abbas has emphasized that adults in New Hampshire are already buying marijuana from neighboring states—cannabis is legal for adults in Maine, Massachusetts and Vermont—and then bringing products back into New Hampshire. Abbas and others have argued that’s a financial loss for the state, which could be making revenue from cannabis sales. Speaking to local reporters last week, Tim Egan, a former state representative who’s now a lobbyist for the New Hampshire Cannabis Association, said he believes there are enough votes in the Senate, which has defeated numerous House-passed legalization bills in prior sessions, to finally send a proposal to the governor’s desk this year. “I think this is the year,” Egan said. But even if the legislature sends HB 1633 to Gov. Chris Sununu (R), the governor has expressed skepticism of the plan, saying recently that he’ll only sign the bill if specific provisions are included. “Fundamentally I don’t really love this idea anyway,” he said, but he explained that he sees legalization as “inevitable.” The legalization proposal passed out of the House a month ago amid warnings from Abbas and some other senators that the bill would be dead on arrival in their chamber. Sununu similarly said he wouldn’t sign the bill in its House-passed form. The bill’s House sponsor, Rep. Erica Layon (R), told Marijuana Moment in a brief comment ahead of Wednesday’s hearing that she’s “hopeful that the Senate will pass a version of this legislation which can pass the House.” In March, when a House subcommittee was considering a bill, members rejected a sweeping amendment backed by Abbas that would have replaced Layon’s plan with a franchise model. Layon has warned senators not to take House lawmakers’ votes for granted if they make considerable changes to her bill. With only several months left in Sununu’s term, observers are also weighing how the governor’s potential replacements would greet legalization. At least one possible successor, former U.S. Sen. Kelly Ayotte (R)—one of a handful of gubernatorial candidates that’s entered the race—said recently that she opposes legalizing marijuana for adults. “I don’t think legalizing marijuana is the right direction for our state,” said Ayotte, who represented New Hampshire in the Senate from 2011 to 2017 and was previously the state’s attorney general from 2004 to 2009. Lawmakers worked extensively on marijuana reform issues last session and attempted to reach a compromise to enact legalization through a multi-tiered system that would include state-controlled shops, dual licensing for existing medical cannabis dispensaries and businesses privately licensed to individuals by state agencies. The legislature ultimately hit an impasse on the complex legislation. Bicameral lawmakers also convened the state commission tasked with studying legalization and proposing a path forward last year, though the group ultimately failed to arrive at a consensus or propose final legislation. The Senate defeated a more conventional House-passed legalization bill last year, HB 639, despite its bipartisan support. Last May, the House defeated marijuana legalization language that was included in a Medicaid expansion bill. The Senate also moved to table another piece of legislation that month that would have allowed patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings for personal therapeutic use. After the Senate rejected the reform bills in 2022, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber. Minnesota Constitution Gives Marijuana Growers The Right To Sell What They Produce Without A License, Lawsuit Claims Photo courtesy of Philip Steffan. The post New Hampshire Senate President Says He Hopes Marijuana Legalization Bill Dies In His Chamber appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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A top official with the U.S. Department of Veterans Affairs (VA) says there’s an “unstoppable narrative” in support of advancing psychedelic medicine, with a combination of compelling personal stories of recovery and robust clinical data from studies he’s hoping to expand upon. He also said bipartisan acceptance of psychedelics has “surpassed” that of marijuana in Congress. At a psychedelics conference organized by Horizons on Friday, VA Under Secretary for Health Shereef Elnahal also discussed his efforts to position the department to provide psychedelics-assisted therapy “the moment it’s approved” by the Food and Drug Administration (FDA), adding that he’s anticipating “overwhelming demand” from veterans. “What we need to do for our scientific community, especially within the VA, is prove the case further,” he said, pointing out that the department is actively supporting trials into the therapeutic potential of psilocybin and MDMA. “We want to expand that further and prove the case for veterans.” Elnahal also acknowledged that some scientists feel the treatment option should be made more immediately available, and so VA has taken into account the “ethics of not doing this and how that might be an ethically problematic scenario” given the promise these substances have already been found to have in treating conditions commonly affecting military veterans. He said that while he doesn’t have any insight into the timing of FDA’s ongoing review into MDMA-assisted therapy for post-traumatic stress disorder (PTSD), he expects it could come later this year. “But if it does happen, we have to be prepared,” especially given the “overwhelming demand that I predict we will get from the veteran community,” he said, adding that “there will be a proliferation of very unique and specific providers” for psychedelic medicine. One thing that Elnahal said “surprised” him as VA started working on the issue was the “strong bipartisan support” it enjoyed in Congress, pointing to the leadership of certain conservative members such as Rep. Morgan Luttrell (R-TX) as an example. “They want us to do this type of work, and they’ve been trying to be proactive to pass even more legislation to enable this,” he said. “The good news is, at baseline, the [Drug Enforcement Administration] has a much easier waiver process to be able to do studies on psychedelics than, for example, cannabis.” “Cannabis has been advocated for more aggressively by the veteran community for some time, but I think psychedelic substances surpassed that in terms of acceptance and bipartisan support,” he said. “So we need to make sure that that is continued. That’s not a guarantee.” The psychedelics conference took place about two weeks after the House Veterans’ Affairs Committee passed a bill to require VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. President Joe Biden also signed into law a bipartisan measure to provide funding to the Department of Defense (DOD) to conduct clinical trials into the therapeutic potential of certain psychedelics for active duty military members. That was enacted under the 2024 National Defense Authorization Act (NDAA). — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — In March, congressional appropriations leaders also unveiled a spending package that contains language providing $10 million to facilitate the psychedelics studies. Meanwhile, in January, VA separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. During joint U.S. House and Senate committee meetings in March, VSOs also pressed members of Congress to more urgently pursue the potential benefits of psychedelic-assisted therapy and medical marijuana. The requests from groups like the Iraq and Afghanistan Veterans of America, Veterans of Foreign Wars of the United States, Disabled American Veterans and the Wounded Warrior Project came on the heels of organizations at last year’s set of annual VSO hearings criticizing VA for “dragging their feet” on medical marijuana research. In October, VA separately launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA officials also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid Constitutional Challenge To Scheduling Process Photo courtesy of Dick Culbert. The post Top VA Official Says Psychedelics Have “Surpassed” Marijuana In Bipartisan Acceptance In Congress appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The cannabis levy would be the Alaska’s first-ever statewide sales tax. By James Brooks, Alaska Beacon A decade after Alaska voters legalized recreational marijuana, the Alaska Legislature is advancing the first major change to the law that opened commercial sales here. On Friday, the Alaska House of Representatives voted to change the state’s $50 per ounce marijuana tax to a 7 percent sales tax. If House Bill 119 is accepted by the Senate and Gov. Mike Dunleavy (R), it would impose Alaska’s first statewide sales tax. That pioneering concept troubled some legislators, but the bill still passed the House by a 36-3 vote. The tax change was recommended by the state’s recreational marijuana task force, which Dunleavy convened in 2022 to analyze the marijuana industry and determine whether aspects of the industry’s enabling law—passed by voters in 2014—should be changed. Ten years ago, Alaska joined Oregon as the third and fourth states to legalize recreational marijuana use. Since then, many other states have followed suit, but Alaska’s marijuana tax—levied at the wholesale level—is the highest in the country. Members of the marijuana industry have asked for tax relief, saying that they are unable to successfully compete with black-market marijuana at present rates of taxation. In addition, there are signs that the tax structure is counterproductive. The $50 per-ounce tax applies only to regular bud or flower; there are lower taxes for flawed buds or for trim—cut marijuana buds—and producers have shifted toward those lower-taxed products. The task force’s original recommendation was a 3 percent sales tax, but bill supporter Rep. Jesse Sumner, R-Wasilla, said he believed that figure was too low and would not get legislative support. He proposed a 10 percent tax that was later lowered to 6 percent. On the House floor, that was raised by amendment to 7 percent. Sumner said he believes the higher figure may make the bill more attractive to the state Senate, which must vote on the bill before it can advance to the governor’s desk. Ryan Tunseth, president of the Alaska Marijuana Industry Association, a trade group, said he was excited to see the bill pass the House, even with a tax rate higher than preferred by the industry. He said he intends to poll marijuana businesses over the weekend to get their impressions, and he hopes that the final version of the bill will also include other task force recommendations, including changes to plant tracking and licensing. This story was first published by Alaska Beacon. Alaska Bill To Create Task Force To Study Psychedelic-Assisted Therapy Heads To Governor’s Desk The post Alaska House Passes Marijuana Tax Reform Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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The Drug Enforcement Administration (DEA) has postponed an administrative hearing on its proposed ban of two psychedelic compounds as the constitutionality of the scheduling process is being challenged in federal court. In a order that was released on Thursday, DEA Administrative Law Judge Paul Soeffing granted a motion to stay the June hearing that was scheduled so the agency could receive expert input on its controversial plans to classify 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) as Schedule I drugs under the Controlled Substances Act (CSA). Soeffing said that, because of “the ongoing constitutional examination of administrative proceedings by the federal courts,” he considered the stay “appropriate,” cancelling the hearing. The action came about a week after Panacea Plant Sciences (PPS) filed a complaint and request for injunctive relief against DEA in the U.S. District Court for the Western District of Washington. PPS is contesting the administrative hearing process that’s preceding final rulemaking, arguing that DEA’s reliance on administrative law judges (ALJs) to settle such arbitration is unconstitutional based on U.S. Supreme Court precedent. “While Panacea’s likelihood of success on the merits is difficult to ascertain at this time, the potential that Panacea may face irreparable injury absent a stay of the present administrative proceedings weighs significantly in favor of granting Panacea’s motion,” Soeffing said. “Although the public interest may lie in an expeditious and efficient resolution to these proceedings, the public interest also lies in ensuring parties are not potentially subjected to an adjudication process found unconstitutional,” he said. The order stays the hearing until the federal court renders a decision in the legal challenge to the administrative process. In the interim, Panacea and the Justice Department are required to submit joint status reports every 60 days until the case is resolved. This is the latest development in a years-long dispute over DEA’s efforts to schedule the psychedelics, which it first attempted to do in 2022, only to withdraw the proposal amid pushback from the scientific community. The agency separately withdrew from a proposal to ban five different tryptamine psychedelics in 2022. Last December, DEA announced that it would be trying to enact the DOC and DOI ban again. The agency’s notice about the scheduling proposal still lacks evidence that directly connects the compounds to serious adverse health events or demonstrated a high abuse potential. “To date, there are no reports of distressing responses or death associated with DOI in medical literature,” it says. “The physiological dependence liability of DOI and DOC in animals and humans is not reported in scientific and medical literature.” DEA said that anecdotal reports posted by people online signaled that the substances have hallucinogenic effects, making it “reasonable to assume that DOI and DOC have substantial capability to be a hazard to the health of the user and to the safety of the community.” It did point to one report of a death of a person who had used DOC in combination with two other unspecified drugs—as well as two reports of hospitalizations that it said were attributable to the use of DOC with other drugs—but scientists say that hardly constitutes reason enough to place them in the most strictly controlled schedule. In the background of this development, DEA has agreed with the U.S. Department of Health and Human Services (HHS) and is moving to reclassify marijuana as a Schedule III drug. DEA Administrator Anne Milgram told lawmakers on Tuesday that it would be “inappropriate” for her to further comment on the agency’s cannabis rescheduling determination because the rulemaking process is “ongoing.” Also, in an interview with Fox News last week, former DEA Administrator Asa Hutchinson said it “absolutely looks like” the agency will follow through with moving marijuana from Schedule I to Schedule III. “I think it reflects the reality of today’s both culture but also the public sentiment. That’s most significant,” said Hutchinson, a Republican who also served as governor of Arkansas. Separately, the top Democrat in the U.S. House said last week 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 Senate Majority Leader Chuck Schumer (D-NY) filed. On the opposite side of the spectrum, a Republican senator said that marijuana is a “gateway drug,” and Democrats’ moves to legalize it reflect “pro-criminal, anti-American policies” that will “stimulate more crime on American streets.” He also argued that cannabis banking legislation “facilitates an entire infrastructure and an ecosystem for more drug usage in America.” Read the DEA judge’s order in the psychedelics scheduling case below: DEA Appears To Question Marijuana’s Medical Value Despite Rescheduling Recommendation Photo courtesy of Wikimedia. The post DEA Judge Postpones Hearing On Proposed Psychedelics Ban Amid Constitutional Challenge To Scheduling Process appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

FL legalization polls; VT & AK psychedelics bills to govs; NY safe drug consumption; MN marijuana court cases 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 Drug Enforcement Administration released a new report appearing to call into question marijuana’s medical value with the selective use of scare quotes despite the recent federal rescheduling decision that for the first time acknowledges cannabis’s medicinal benefits. A new poll found that 58 percent of Florida likely voters support a marijuana legalization initiative on the November ballot—not enough to reach the 60 percent threshold needed for passage. The survey was commissioned by the Florida Chamber of Commerce, which opposes the reform. Trulieve CEO Kim Rivers pushed back against recent surveys showing the Florida marijuana legalization ballot initiative her company is funding doesn’t have enough voter support to pass, citing “incredibly strong” internal polling. Vermont lawmakers sent Gov. Phil Scott (R) a bill to create a psychedelic-assisted therapy working group that would make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. Alaska lawmakers sent Gov. Mike Dunleavy (R) a bill to create a task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin. The New York Senate Health Committee approved a bill to legalize safe consumption sites for illegal drugs under a five-year pilot program. The Minnesota Supreme Court ruled that the Legal Marijuana Now Party failed to meet the state’s requirements to qualify as a major political party. Minnesota regulators are being sued by four people who grow marijuana at home and say the state Constitution gives them the right to sell what they produce without a license. The Kansas Cannabis Justice Coalition is a new organization pushing for marijuana reform in the state, and its founders include members of the Prairie Village City Council and a former U.S. attorney. / FEDERAL A federal judge rejected a claim from President Joe Biden’s son Hunter Biden that the ban on gun possession by people who use illegal drugs, which he is being charged for allegedly violating, is unconstitutional. National Institute on Drug Abuse Director Nora Volkow authored a journal article about the agency’s support for research, saying that “we can predict that the landscape of substance use will continue to change, including the emergence of new and increasingly more powerful synthetic drugs, as well as state-level legislative changes in medicinal and recreational use of drugs like cannabis.” A Congressional Research Service report on the 2018 Farm Bill includes an overview of its hemp provisions. Sen. John Fetterman (D-PA) tweeted, “Rescheduling weed is the right move. Legalizing weed is the right move. Expunging nonviolent weed possession charges is the right move.” / STATES New York Gov. Kathy Hochul (D) announced that the state’s top marijuana regulator will be leaving when his current terms in September after an audit she directed identified “significant structural limitations…that have affected the agency’s ability to fulfill its mandate to efficiently establish New York State’s cannabis marketplace.” South Carolina’s Senate minority leader decried the legislature’s failure to pass a medical cannabis legalization bill this session. The Michigan Supreme Court heard oral arguments in a case alleging that Warren’s Marijuana Review Committee violated the state Open Meetings Act. California regulators issued a recall of marijuana products due to inaccurate labeling that reports more cannabinoid content than is actually present. Washington State regulators filed rules concerning changing the acronym of the Liquor and Cannabis Board. Connecticut regulators said businesses selling THC-infused beverages must take inventory of all products in their possession on May 14. The Colorado Department of Transportation posted information on how various cannabinoids can affect driving ability. The Illinois Medical Cannabis Advisory Board will meet on Monday. The Virginia Cannabis Public Health Advisory Council will meet on Monday. — Marijuana Moment is tracking more than 1,400 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 Boston, Massachusetts Cannabis Board will meet on Wednesday. / INTERNATIONAL Antigua and Barbuda’s Cabinet is proposing to create a cannabis research and development program. The Jamaican opposition is pushing the government to address challenges facing the marijuana industry. At least 125 people serving marijuana sentences in German prisons have been released following the enactment of the country’s legalization law. / SCIENCE & HEALTH A study on the effect of Thai marijuana outlets “found no association between outlet density and hazardous cannabis use or cannabis use disorder, nor association with the amount of cannabis use among cannabis smokers.” A study of rats found that “psilocybin reduces alcohol self-administration.” / ADVOCACY, OPINION & ANALYSIS The Maryland Association of Counties published an analysis of the federal move to reschedule marijuana. The Los Angeles Times editorial board is cheering the federal marijuana rescheduling decision. / BUSINESS Jushi Holdings Inc. reported quarterly net revenue of $65.5 million and a net loss of $18.4 million. Planet 13 Holdings Inc. reported quarterly revenue of $22.9 million and a net loss of $5.9 million. Leafly Holdings, Inc. reported quarterly revenue of $9 million and a net loss of $2.4 million. Aurora Cannabis Inc. made its first shipment of medical cannabis products to New Zealand. TILT Holdings Inc. announced that its subsidiary Standard Farms secured funding to support plans to construct and operate dispensaries in Pennsylvania. Colorado retailers sold $126.6 million worth of legal marijuana products in March. 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 DEA questions “medical” cannabis despite rescheduling move (Newsletter: May 13, 2024) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“Our biggest mission is to make cannabis legalization up front and central this election cycle.” By Tim Carpenter, Kansas Reflector Leaders of a new politically diverse coalition said Tuesday they were committed to supporting candidates for the Kansas Legislature dedicated to ending the state’s prohibition on recreational cannabis and to expunging criminal records tied to marijuana. Prairie Village City Council member Inga Selders, founder of the Cannabis Justice Coalition, said it was frustrating to observe inertia of elected officials who failed to deliver “fair and equitable” laws and policies recognizing the social, medical and financial benefits of fully legalizing cannabis. The bipartisan coalition would be dedicated to conducting a campaign to educate voters about marijuana. It would emphasize science and facts instead of comedic fiction packaged into Cheech and Chong films in the 1970s and 1980s. That effort would be combined with political advocacy on behalf of state House and Senate candidates aligned with the philosophy of legalization, Selders said. “Despite a majority of Kansans wanting recreational cannabis fully legalized in Kansas, most of our state legislators aren’t listening to the constituents and have turned cannabis reform into a partisan issue, when in fact it isn’t,” she said. The coalition’s board included Barry Grissom, the U.S. attorney for Kansas from 2010 to 2016 under President Barack Obama; Ian Graves, a Prairie Village City Council member and advocate of marijuana decriminalization; and Leslie Byram, an estate planning and probate attorney who regularly works with clients with special medical needs. Law enforcement resources During a news conference, Grissom said Kansas should adopt marijuana laws consistent with the approach of Missouri and Colorado on consumption of cannabis by adults. Colorado implemented recreational marijuana sales in 2014, while Missouri followed in February 2023. Grissom said work as a federal prosecutor and representing clients in private practice offered a window into criminal justice issues, including the necessity of making wise use of financial resources for law enforcement. “I know that spending money on investigation, interdiction, arrest, prosecution, incarceration of individuals involved in some level of use of cannabis is bad public policy,” he said. “It’s a waste of taxpayer money. It is a waste of precious resources our law enforcement needs to keep us all safe in our homes, our communities, our houses of worship and our schools.” He said it was a “good first step” for the U.S. Department of Justice to recommend marijuana be reclassified as a Schedule III controlled substance along with other prescription drugs instead of remaining a Schedule I substance comparable to heroin, LSD and cocaine. It has been obvious that marijuana wasn’t the equivalent of heroin, he said. He said the classification change ought to spur research to better understand the medical potential and drawbacks of cannabis. However, he said a better approach would be for the federal government to decriminalize marijuana and allow each state to set its own standard. The Pew Research Center says 24 states and the District of Columbia legalized recreational use of marijuana. Fourteen other states have authorized medical consumption of cannabis. ‘Just ridiculous’ Graves, the other Prairie Village council member, said it was silly the Kansas City metropolitan area was divided into two regions where marijuana consumption was legal to the east in Missouri and illegal to the west in Kansas. Despite that border gap, he said, cannabis was in widespread use in both states. “I tell you cannabis is being consumed in Johnson County frequently. It’s already here,” said Graves, who considered enforcement of marijuana laws in Kansas a waste of time. “Folks in law enforcement know that this just isn’t something we should be wasting our time on.” He said the answer for Kansas was passage of a statewide law legalizing cannabis. A piecemeal approach by cities or counties through decriminalization would leave Kansans to contend with a baffling jumble of marijuana ordinances and resolutions, he said. In October 2023, Fort Hays State University (FHSU) released its annual “Kansas Speaks” survey of public opinion. The FHSU report showed 67.2 percent of participants supported recreational sale of marijuana for people 21 and older. “Kansas have been surveyed over and over again. The people of Kansas want recreational cannabis,” Graves said. “What we need to do is educate people on where their elected officials stand.” Decriminalization Byram, the attorney with a practice serving individuals with disabilities, said she was aware of families with children or other loved ones with epilepsy, seizure disorder, cancer, insomnia, Alzheimer’s and mental health challenges, that relocated to other states where cannabis products could be legally obtained. Kansans shouldn’t have to uproot their families to secure necessary medical treatment with cannabis products, she said. She said the state could invest tax revenue from cannabis sales to relieve waiting lists for services that should be available to Kansans enrolled in Medicaid. The state also could lean into its agriculture economy by engaging in university research on cannabis, she said. “I’ve educated myself on the decriminalization and the benefits that come from that and I’m largely supportive of legalization for recreational use for that purpose,” Byram said. “A lot of resources can be rerouted to other law enforcement efforts.” Selders said the coalition was committed to legalization of recreational marijuana, rather than take baby steps by first legalizing medicinal cannabis. During the 2024 legislative session, lawmakers considered a bill that would establish a highly regulated five-year pilot program for sales of medical marijuana. The bill received a hearing in a Senate committee, but was promptly tabled until 2025. “Our biggest mission is to make cannabis legalization up front and central this election cycle,” Selders said. This story was first published by Kansas Reflector. Congressional Researchers Say It’s ‘Likely’ Marijuana Will Be Rescheduled, But It Wouldn’t Fix Federal-State Policy Gap The post New Kansas Cannabis Coalition Pushing For Legalization Includes City Council Members And Former Federal Prosecutor appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

“If the Legal Marijuana Now Party wants to run candidates for office, they can still get on the ballot using the same process available to other third parties,” By Michelle Griffith, Minnesota Reformer The Minnesota Supreme Court on Friday ruled that the Legal Marijuana Now Party has failed to meet the state’s requirements to qualify as a major political party. The court has ordered Secretary of State Steve Simon to prohibit the pot party’s candidates from appearing on the 2024 primary and general election ballots using the benefits associated with major party status, most significantly automatic ballot access. The Supreme Court in a per curiam opinion—meaning in the name of the court rather than specific justices—ruled that the Legal Marijuana Now Party did not maintain a state central committee controlled by a state convention, a provision in new election laws passed by the Minnesota Legislature last year. The state’s high court ruling comes after Democratic-Farmer-Labor Party in February asked the court to yank the Legal Marijuana Now Party’s major party status, alleging the party hasn’t met the new requirements. Major party status confers significant advantages over minor parties, especially ballot access, negating the need for the expensive and onerous process of collecting signatures to appear on the ballot. “We’re pleased that the Supreme Court has recognized that the Legal Marijuana Party did not satisfy the statutory requirements to be treated as a major party. If the Legal Marijuana Now Party wants to run candidates for office, they can still get on the ballot using the same process available to other third parties,” said DFL Party Chair Ken Martin in a statement. “Major party status comes with major party responsibilities, and only the Minnesota DFL and Minnesota GOP have consistently met that standard.” BREAKING: the Minnesota Supreme Court has unanimously ruled that the Legal Marijuana Now Party did not meet the requirements for major party status.https://t.co/X7m16h7w3U — Minnesota DFL Party (@MinnesotaDFL) May 10, 2024 Prior to Friday’s ruling, the Supreme Court appointed a district judge to determine whether the Legal Marijuana Now Party met the requirements laid out in the new law. The judge recommended that the Supreme Court revoke major party status for the August primary and November general elections. Republicans in the last few years have seemed to collude with pot party candidates in an effort to siphon votes away from Democratic candidates in close congressional and legislative races, enraging some Democrats. The Legal Marijuana Now Party argued before the Supreme Court that the new election laws infringed on the party’s First Amendment rights, but the justices rejected their argument. “The [Legal Marijuana Now Party] only makes broad assertions about the burdens on its associational rights and fails to argue or otherwise demonstrate how any of the purported burdens imposed upon it are specifically caused by the requirements,” the Supreme Court wrote in its ruling. Simon, the court ruled, must now “take all appropriate actions necessary to reflect that the Legal Marijuana Now Party is not a major political party in Minnesota for purposes of the state primary election in August 2024 and the state general election in November 2024.” He also must prohibit Legal Marijuana Now Party candidates from appearing on the ballot using major party procedures, and he has to consider whether the pot party has met requirements to be a minor political party, the court ruled. Supreme Court Associate Justices Margaret Chutich and Karl Procaccini recused themselves from the case. The Legislature legalized cannabis last year. This story was first published by Minnesota Reformer. Minnesota Constitution Gives Marijuana Growers The Right To Sell What They Produce Without A License, Lawsuit Claims Photo elements courtesy of rawpixel and Philip Steffan. The post Minnesota’s Marijuana Party Failed To Meet Requirements For Major Political Party Status, State Supreme Court Rules appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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Alaska’s Senate on Friday gave final approval to a House-passed bill that would create a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin. The bill next heads to the desk of Gov. Mike Dunleavy (R). The Senate approved the measure overwhelmingly, on an 18–1 vote. If it becomes law, the bill from Rep. Jennie Armstrong (D), HB 228, would not change the legal status of any drugs in Alaska. Rather, it would create a legislative task force that would spend the rest of the year studying how to license and regulate psychedelic therapy in the state. A report from the group with recommendations would be due on or before January 31, 2025. Both MDMA and psilocybin have been granted breakthrough therapy status by the Food and Drug Administration (FDA), and recent clinical trials have MDMA on pace for possible FDA approval later this year. Supporters of the bill say it would allow the state to begin considering how to respond in the event of that action. “I want to start by saying what this bill does not do,” Sen. Forrest Dunbar (D), who sponsored a companion Senate version of the legislation, said before the vote. “It does not legalize psychedelics, nor does it take a position on legalization. Instead, it creates a task force designed to prepare Alaska in a regulatory framework should the FDA approve the medical use of these substances, which some folks are anticipating could happen as early as August of this year.” “Advanced trials being conducted by the federal government demonstrate the effectiveness of psychedelic medicines and psychedelic-assisted therapies in medical settings,” he added, “particularly for PTSD.” Lawmakers “heard powerful testimony in committee from medical providers and everyday citizens who believe these medicines can help to heal some members of our community who have not responded to more traditional treatments,” Dunbar continued, referencing a retired lieutenant colonel who testified how psychedelic-assisted therapy helped her survive not only PTSD stemming from military service but also the psychological impacts of a breast cancer diagnosis. “Alaska leads the nation in veterans per capita and, tragically, in suicide rates as well,” Dunbar told Senate colleagues. “We face unique challenges with PTSD, depression, substance use disorders and traumatic brain injuries, especially amongst our veterans, our first responders and our survivors of domestic violence.” “Psychedelic-assisted therapy—which I’m told is actually quite unpleasant and needs to be experienced in that medical setting—can help some of those people,” he said. “Not everyone, but some. And that means everything in the world.” The task force would be charged with considering the use of psychedelics with regard to the state’s mental health crisis, to treat chronic and terminal illnesses and in end-of-life care. Sen. Mike Shower (R) urged caution around the proposal, calling into question whether doctors could be trusted to prescribe psychedelics even if FDA approves their use in assisted therapy. “OK, it’s prescription, that’s great,” Shower said, but “there’s lots of cases of doctors overprescribing things and getting people hooked.” “Any drugs we do, no matter what they are, can be a gateway for stepping into something else and something else,” he continued. “More and more it takes for people to survive that, and we get people hooked on drugs.” In fact, facilitated therapeutic use of MDMA typically involves just a few sessions in which participants consume the substance. Shower, who nevertheless voted to approve the bill on Friday, said he hoped the state would look into other therapies, such as transcranial magnetic stimulation (TMS), which involves the use of magnetic fields near the brain. That therapy is approved by FDA for the treatment of depression and obsessive-compulsive disorders. A fiscal note from the Department of Commerce, Community and Economic Development says the state would incur no cost from psychedelics task force bill. Lawmakers in a growing number of states have considered psychedelics legislation this session, with many focusing on psilocybin reform and increased research. This week in Vermont, for example, lawmakers signed off on a similar bill that would that would create a state working group to make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. The measure next goes to Gov. Phil Scott (R). In Maryland, the Senate and House of Delegates have both passed legislation to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT, sending the proposal to Gov. Wes Moore (D). It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. Indiana’s governor recently signed a bill that includes provisions to fund clinical research trials into psilocybin. Utah’s governor, meanwhile, allowed a bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option to become law without his signature. Maine lawmakers sent the governor legislation to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. A Connecticut joint legislative panel approved a bill to decriminalize possession of psilocybin. A bipartisan bill to legalize psychedelic service centers in California has cleared two Senate committees. The governor of New Mexico has endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois committee also recently held a hearing to discuss a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii also considered a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts also recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Separately, an initiative that would legalize psychedelics may appear on the November ballot if lawmakers decline to independently enact it first. Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. At the start of this year, the U.S. Department of Veterans Affairs (VA) separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. In October, the agency also launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. That came months after the agency issued historic draft guidance on psychedelics studies, providing scientists with a framework to carry out research that could lead to the development of novel medicines. Meanwhile in Congress last week, a House panel approved GOP-led bill that would instruct VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. Most Americans Who Have Tried Marijuana Or Psychedelics Had ‘Positive’ Experiences, Survey Finds The post Alaska Bill To Create Task Force To Study Psychedelic-Assisted Therapy Heads To Governor’s Desk appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.” By Peter Callaghan, MinnPost The first lawsuit since the legalization of cannabis in Minnesota that seeks to use a state constitutional provision to allow the unlicensed sale of cannabis by the farmer who grows it has been filed in state court. Four residents who grow small amounts of cannabis at home, which is legal under the new law, are suing the state Office of Cannabis Management (OCM) saying they should also be able to sell it under a provision in the state’s constitution. The lawsuit, which names OCM interim director Charlene Briner and state Attorney General Keith Ellison, was filed Tuesday in Ramsey County District Court and challenges the provision in the state’s new cannabis law stating that only those licensed by the state can sell it. Those licenses are not expected to be granted until next spring and are expected to be competitive. But the plaintiffs, citing Article 13, section 7 of the constitution, challenge the state’s authority to prevent the sale of cannabis by the farmer who grows it. “No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor,” says the provision adopted 120 years ago. That provision resulted from the arrest of a farmer who was selling his excess melons on the streets of Minneapolis without a peddler’s permit. When hemp and cannabis were illegal, the few court cases brought under the provision said no one could sell it, even the farmer who grew it. But when it became legal to grow and possess on August 1, 2023, did the legal calculus change? That’s the argument brought by four state residents who are growing up to eight cannabis plants of their own at home. Three of the four are medical cannabis patients, including Patrick McClellan, who lives with a rare form of muscular dystrophy and has been an advocate for medical cannabis since before it was made legal. “Plaintiff McClellan’s plants produce more product than he can reasonably consume for recreational or medicinal purposes,” the lawsuit states. “The costs of growing at home are significant. The costs include equipment for proper cultivation as well as additional expenses in order to be statutorily compliant and cultivate his medicine within his home. “Plaintiff McClellan cannot reasonably consume all cannabis that he has cultivated in his home for his medicinal purposes. As a patient who has endured the struggle of gaining access to affordable and safe medical marijuana, Plaintiff McClellan would like to offset the costs of growing cannabis by selling the excess crop to other similarly situated individuals.” The suit asks the court to declare that people who grow their own cannabis at home “do not need to obtain a license to sell their product.” And it asks the court to block the state from bringing “any criminal enforcement of the sale of cannabis produced from home cultivation pursuant to [the constitutional provision] based on the absence of a license to do so.” Ellison spokesperson John Stiles said the office had just seen the lawsuit. “All I can tell you for now is that we’re reviewing the lawsuit, which of course was only filed this week,” Stiles wrote. Minneapolis attorney Jeffrey O’Brien brought the lawsuit. In an affidavit filed with the case, O’Brien said he first wrote to the Office of Cannabis Management and the Department of Health asking for a declaratory opinion that they would not take action against home growers who sell. Health, which includes the Office of Medical Cannabis, did not respond. A brief email from OCM stated: “The Office of Cannabis Management does not issue Advisory Opinions. We are aware of the discussion surrounding the product of the farm exemption and cannabis and are monitoring it closely. Given that your question may implicate matters of criminal law, we recommend reaching out to county attorneys in the relevant jurisdictions.” O’Brien said Thursday that he doesn’t think his clients are being unreasonable. They are allowed to grow cannabis and they can even give their excess away, he said. They should, under the constitution, be allowed to sell what they grow as long as the buyers are 21 or older, he said. “As long as we stay within the lanes that you set up in terms of rules and regs, as long as we limit it to what can be grown legally, it would seem straightforward that you’re able to sell the products off of those plants per article 13, section 7 of the constitution,” O’Brien said. Should OCM adopt rules regarding cultivation safety and product testing, his clients would have to follow those, he said. But until then, the number of plants and the age of customers would be the only provisions they would have to follow if the court agrees they are allowed to sell. “We’re trying to be reasonable,” O’Brien said. “We’re not saying you can grow an entire field and sell it without a license. We’re saying to the extent you can legally grow on your own without a license, you are entitled to sell that product.” While this suit isn’t asking for broader rights, if the court finds that cannabis as a legal farm product is covered by the constitutional provision, it could have broader implications. A longtime legalization advocate said this last year: “Starting with the premise that cannabis is a plant, not a crime, we envision a peaceful community where growing a little hemp to smoke, share, or sell at farmers’ markets is no more unusual than growing rutabagas or zinnias,” wrote Grassroots – Legalize Cannabis Party founder Oliver Steinberg in response to a question about how he thinks the constitution will impact legal cannabis in Minnesota. After the law passed, chief House sponsor Rep. Zack Stephenson said he didn’t think the constitutional provision will impact the regulation created in House File 100. “I think the case law suggests that regulation is permissible,” the Coon Rapids DFLer said at the time. “I think there is strong government interest in regulating here. This isn’t carrots or pumpkins, this is an intoxicating substance.” While obscure to many people, Article 13, section 7 has been top of mind for legalization advocates, appearing on buttons and websites. A legal challenge like the one filed this week has been anticipated since legalization. The case law on the issue is relatively thin. In 1996, Chris Wright was charged with the illegal sale of marijuana. Wright and his attorney Randall Tigue argued that Art. 13, Section 7 made the charge unconstitutional. While marijuana was illegal in 1996 when he was charged, when the constitutional amendment passed in 1906 it was “every bit as legal a substance in the State of Minnesota as wheat, corn, oats, and soybeans,” Wright argued. In State v. Wright the state court of appeals disagreed, finding that because marijuana was illegal and because previous courts had upheld those statutes, the constitutional provision did not apply. Even the peddler provision of the constitution does not create a fundamental right that would have imposed stricter requirements on the government to show its laws are constitutional. “We do not have the prerogative to disregard the supreme court’s analysis of marijuana laws,” the appeals court wrote. “Having concluded that this case does not present the conflict of a fundamental liberty with the established police power prohibition of the sale of marijuana, we decline to engage in further discussion of the meaning of Article 13, Section 7.” Other cases involving otherwise legal farm products found that while the actual sale might be protected from licensing, state health and safety laws could be invoked, even to the point of prohibiting the sale of farm products considered unsafe. In a case involving the sale of custom-processed meat, the state Supreme Court found a right to sell, but with exceptions. “The circumstances leading up to the passage of article XIII, section 7, make clear that the voters of Minnesota intended to protect the commercial relationship between farmers and their customers by restricting the state’s power to license the sale of farm products directly to the consumer,” wrote the court in its decision in State v. Hartmann. This view is supported by this court’s observation in a 1925 case that Article 13, section 7 gives “recognition to the fact that tillers of the soil stand in a peculiar position in reference to the marketing of their products, and it prohibits the imposition of a license to sell or peddle the same.” “We do not believe, however, that article XIII, section 7, can reasonably be read to grant farmers the right to sell products of the farm, the growing or sale of which is otherwise prohibited by law. This provision merely provides that products of the farm for which any person may obtain a sales license; i.e., lawful products, may be sold by farmers without obtaining a license to do so.” The same court puts the exception in a slightly different, but perhaps significant, way later when it writes that the constitution “grants farmers the right to sell products of the farm or garden that they are not otherwise legally prohibited from selling, without obtaining a license.” This story was first published by MinnPost. Closed-Door Negotiations With Minnesota Governor Could Make Tribal Nations Major Players In State’s Marijuana Market The post Minnesota Constitution Gives Marijuana Growers The Right To Sell What They Produce Without A License, Lawsuit Claims appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

Lawmakers in Vermont have passed legislation to create a psychedelic-assisted therapy working group that would make recommendations on whether and how the state should regulate legal access to substances like psilocybin and MDMA. The measure next heads to the desk of Gov. Phil Scott (R). The Senate approved revised language of the bill, S.114, on a voice vote Friday, signing off on changes made in the House of Representatives. “We believe that what we have before us will continue the intent of what we passed as a Senate,” said Sen. Ginny Lyons (D), chair of the Senate Health and Welfare Committee, which considered the House changes at a hearing earlier in the day. “We ask the rest of the Senate to concur with the proposal from the House.” In its current form, the proposal would not itself change the legal status of any substances. Rather, the eight-person task force would “review the latest research and evidence of the public health benefits and risks of clinical psychedelic assisted treatments” and “examine the laws and programs of other states that have authorized the use of psychedelics by health care providers in a therapeutic setting,” according to the latest version of the measure. Both MDMA and psilocybin have been granted breakthrough therapy status by the Food and Drug Administration (FDA), and recent clinical trials have MDMA on pace for possible FDA approval later this year. Senators had passed an earlier version of the legislation in March, and the latest revisions came as the measure advanced out of a House committee with a striking amendment from Rep. Anne Donahue (R). Those changes removed an earlier provision directing the task force to provide an opportunity “for individuals with lived experience to provide testimony.” The amendment also removed task force members representing the Psychedelic Society of Vermont and the Brattleboro Retreat, a psychiatric and addiction hospital. It replaced them with representatives from the state Department of Mental Health and the nonprofit Vermont Medical Society. The amendment also deleted a provision that would have directed the working group to evaluate the criminalization of psychedelics in Vermont as well as a line that said the task force would “provide potential timelines for universal and equitable access to psychedelic-assisted treatments.” During brief discussion Friday morning in the Senate Health and Welfare Committee, some members said they were disappointed with some of the House amendments but nevertheless supported the bill moving forward. “Personally, I’m very disappointed that they took out the conversation about decriminalization,” said Sen. Martine Larocque Gulick (D), a committee member and the sponsor of the bill. “I mean, this is literally a group that’s just going to be talking and looking at data and researching.” “I can’t believe that they won’t look at that, senator,” Lyons replied. “The research will probably get into that.” “It’s too bad that we can’t have it explicitly in the bill,” Gulick responded, “but I am willing to acquiesce at this point. It’s the eleventh hour.” “That’s what happens,” Lyons said. Lyons also explained that some had criticized the provision about hearing testimony from someone with lived experience because, as she put it, “The comment was that one person with lived experience wouldn’t be informative enough.” Lyons lightly ribbed House lawmakers ahead of the panel’s adoption of the latest changes. “All those in favor of concurring with the proposal from the House the day it was supposed to adjourn?” she asked before closing the hearing, prompting laughter among the other panel members. As originally introduced, the measure would have also legalized use and possession of psilocybin. Lawmakers on the Senate Health and Welfare Committee, however, deleted that section to focus instead on the therapeutic working group. The passage of the psychedelics working group bill comes on the heels of the House’s approval earlier this month of H.72, a measure that would legalize and fund a Burlington facility where people could use currently prohibited substances in a medically supervised environment. But Gov. Scott, who vetoed an 2022 measure that would have created a task force to study overdose prevention centers, has indicated he’s not on board with the plan. If enacted, the legislation would create an overdose prevention center (OPC) Burlington, with $1.1 million in funding plus another $300,000 to study the study the impact of the pilot project. The OPC would need to have on-site professionals with training in CPR, overdose interventions, first aid and wound care, as well as medical assessments to determine the need for further emergency care. Vermont would join Rhode Island and Minnesota in authorizing the facilities. New York is considering a similar pilot program that would roll out statewide. Lawmakers in a growing number of states have considered psychedelics legislation this session, with many focusing on psilocybin reform and increased research. This week in Alaska, for example, a Senate panel advanced a House-passed measure that would create a state task force to study how to license and regulate psychedelic-assisted therapy in the event of federal approval of substances such as MDMA and psilocybin. In Maryland, the Senate and House of Delegates have both passed legislation to create a psychedelics task force responsible for studying possible regulatory frameworks for therapeutic access to substances such as psilocybin, mescaline and DMT, sending the proposal to Gov Wes Moore (D). It would be charged specifically with ensuring “broad, equitable and affordable access to psychedelic substances” in the state. Indiana’s governor recently signed a bill that includes provisions to fund clinical research trials into psilocybin. Utah’s governor, meanwhile, allowed a bill to authorize a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option to become law without his signature. Maine lawmakers sent the governor legislation to establish a commission tasked with studying and making recommendations on regulating access to psychedelic services. An Arizona House panel also approved a Senate-passed bill to legalize psilocybin service centers where people could receive the psychedelic in a medically supervised setting. A Connecticut joint legislative panel approved a bill to decriminalize possession of psilocybin. A bipartisan bill to legalize psychedelic service centers in California has cleared two Senate committees. The governor of New Mexico has endorsed a newly enacted resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic. An Illinois committee also recently held a hearing to discuss a bill to legalize psilocybin and allow regulated access at service centers in the state where adults could use the psychedelic in a supervised setting—with plans to expand the program to include mescaline, ibogaine and DMT. Lawmakers in Hawaii also considered a bill that would provide some legal protections to patients engaging in psilocybin-assisted therapy with a medical professional’s approval. New York lawmakers said that a bill to legalize psilocybin-assisted therapy in that state has a “real chance” of passing this year. A Nevada joint legislative committee held a hearing with expert and public testimony on the therapeutic potential of substances like psilocybin in January. Law enforcement representatives also shared their concerns around legalization—but there was notable acknowledgement that some reforms should be enacted, including possible rescheduling. The governor of Massachusetts also recently promoted the testimony of activists who spoke in favor of her veterans-focused bill that would, in part, create a psychedelics work group to study the therapeutic potential of substances such as psilocybin. Separately, an initiative that would legalize psychedelics may appear on the November ballot if lawmakers decline to independently enact it first. Currently, there are no psychedelic drugs that are federally approved to prescribe as medicine. But that could soon change, as FDA recently agreed to review a new drug application for MDMA-assisted therapy on an expedited basis. At the start of this year, the U.S. Department of Veterans Affairs (VA) separately issued a request for applications to conduct in-depth research on the use of psychedelics to treat PTSD and depression. In October, the agency also launched a new podcast about the future of veteran health care, and the first episode of the series focuses on the healing potential of psychedelics. FDA also recently joined scientists at a public meeting on next steps for conducting research to develop psychedelic medicines. That came months after the agency issued historic draft guidance on psychedelics studies, providing scientists with a framework to carry out research that could lead to the development of novel medicines. Meanwhile in Congress last week, a House panel approved GOP-led bill that would instruct VA to notify Congress if any psychedelics are added to its formulary of covered prescription drugs. New York Senators Approve Safe Drug Consumption Site Pilot Program Bill Photo courtesy of Wikimedia/Workman. The post Vermont Lawmakers Send Revised Psychedelic-Assisted Therapy Task Force Bill To Governor appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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There continues to be majority support for a Florida marijuana legalization ballot initiative, according to a new poll commissioned by an organization that opposes the reform. But the measure is again coming up shy of the 60 percent threshold needed for passage under the state’s Constitution. The survey done for the Florida Chamber of Commerce by Cherry Communications found that 58 percent of Florida likely voters back the legalization measure, compared to 37 percent who oppose it and five percent who are undecided. In contrast, the survey shows that a separate abortion rights measure that will also appear on the November ballot has 61 percent support, enough to be approved. This is the third poll to come out showing the measure falling short of support needed for passage since the state Supreme Court cleared the cannabis initiative for the ballot, rejecting a constitutional challenge from Florida Attorney General Ashley Moody (R). The Chamber of Commerce joined the attorney general in opposing the measure. “With 144 amendments since its creation in 1968, Florida’s constitution has long been a target of special interest groups with agendas and recreational marijuana is no different,” Chamber of Commerce President Mark Wilson said. “The Florida Chamber continues to lead the fight it has fought for over 20 years against similar proposed amendments that could be addressed legislatively rather than through altering Florida’s foundational document,” he said. The poll involved interviews with 609 Florida likely voters from April 28-May 7, with a margin of error of four percentage points. The language of the questions hasn’t been made publicly available. Marijuana Moment reached out to the Chamber of Commerce, but a representative did not respond. A USA Today/Ipsos poll released last month that found that 56 percent of Florida registered voters and 49 percent of Florida adults overall back the cannabis measure. A separate Florida Atlantic University (FAU) and Mainstreet Research poll found that only a 47 percent plurality of voters back the cannabis initiative, compared to 35 percent opposed and 18 percent undecided. A previous poll from the Chamber, released in January prior to the Supreme Court’s decision to allow the measure onto the ballot, found that cannabis legalization had 57 percent support. On Thursday, the CEO of a top marijuana company pushed back against the recent surveys, claiming internal polling shows the measure ahead by a comfortable margin. “Don’t believe everything you’re hearing,” Tulieve CEO Kim Rivers said, adding that there are more “legitimate polls” from the past year that show the legalization measure “well over” the 60 percent threshold for passage. Tulieve isn’t running the campaign, but it has been the main financial backer of the initiative, contributing nearly $50 million. “Our internal numbers remain incredibly strong and closer to 70 [percent], actually than 60 [percent],” she said. “So [there’s] strong bipartisan support across the state.” While the campaign hasn’t shared internal polling, it is the case that prior surveys have shown the initiative in a more comfortable position than the two most recent public polls did. A University of North Florida (UNF) poll released last November found nearly 70 percent of voters are in favor of the reform, for example. Meanwhile, the Florida Republican Party officially come out against a marijuana legalization initiative over the weekend, clearing the way for Gov. Ron DeSantis (R) to raise money to fund an opposition campaign against the measure. DeSantis also previously predicted voters will reject the marijuana initiative in November and argued that passage would “reduce the quality of life” in the state. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Economic analysts from the Florida legislature and DeSantis’s office, estimate that the marijuana legalization initiative would generate between $195.6 million and $431.3 million in new sales tax revenue annually if voters enact it. Those figures could increase considerably if lawmakers opted to impose an additional excise tax on cannabis transactions that’s similar to the ones in place in other legalized states. If approved, the measure would change the state Constitution to allow existing medical cannabis companies in the state, such as Trulieve, the campaign’s main financial contributor, to begin selling marijuana to all adults over 21. It contains a provision that would allow—but not require—lawmakers to take steps toward the approval of additional businesses. Home cultivation by consumers would not be allowed under the proposal as drafted. Adults would be able to purchase and possess up to one ounce of cannabis, only five grams of which could be marijuana concentrate products. The three-page measure also omits equity provisions favored by advocates, such as expungements or other relief for people with prior cannabis convictions. Nearly all of the campaign’s financial backing has come from existing medical marijuana businesses, predominantly multi-state operators. Recently, the Florida Division of Elections (DOE) released the campaign finance activity report from the first quarter of the year, showing nearly $15 million in new contributions. Trulieve, the main financial backer of the initiative, led the pack again with $9.225 million in donations during the first quarter. That follows the company previously contributing about $40 million as advocates worked to collect more than one million signatures to qualify for ballot placement. The company’s CEO said recently that, contrary to the governor’s claims, legalization could actually “improve quality of life” for residents. Here’s what the Smart & Safe Florida marijuana legalization initiative would accomplish: Adults 21 and older could purchase and possess up to three ounces of cannabis for personal use. The cap for marijuana concentrates would be five grams. Medical cannabis dispensaries could “acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use.” The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries. The initiative specifies that nothing in the proposal prevents the legislature from “enacting laws that are consistent with this amendment.” The amendment further clarifies that nothing about the proposal “changes federal law,” which seems to be an effort to avoid past legal challenges about misleading ballot language. There are no provisions for home cultivation, expungement of prior records or social equity. The measure would take effect six months following approval by voters. Here’s the full text of the ballot title and summary: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.” Smart & Safe Florida announced in March that it was working to form a coalition of veterans to build voter support for the reform. The campaign has since formally launched that initiative. Despite his opposition to the initiative, DeSantis, a former GOP presidential candidate who dropped out of the race in January, previously accurately predicted that the state’s highest court would ultimately allow the measure on November’s ballot. DeSantis also weighed in on another relevant cannabis policy issue earlier this year when, while still a presidential candidate, he said that he doesn’t believe the federal gun ban for state-legal marijuana consumers is constitutional. Florida’s former agriculture commission, Nikki Fried, brought a lawsuit against the Biden administration over the rule, though the governor did not get involved. Prior to dropping out, DeSantis also said that if elected president, he would “respect the decisions that states make” on marijuana legalization despite his personal view that the reform has a “negative impact.” DEA Appears To Question Marijuana’s Medical Value Despite Rescheduling Recommendation Photo courtesy of Mike Latimer. The post Another Poll Shows Florida Marijuana Legalization Ballot Initiative Just Shy Of Support For Passage appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

In the wake of the federal government’s marijuana rescheduling announcement last week that acknowledged the medical benefits of cannabis, the Drug Enforcement Administration (DEA) on Thursday released a report that appears to question the legitimacy of state medical programs. “Marijuana remains illegal at the federal level; it has been ‘legalized’ or ‘decriminalized’ at the state level for recreational use in 24 states and the District of Columbia, and for ‘medical’ use in 38 states and the District of Columbia,” the annual National Drug Threat Assessment says, appearing to call those state-level changes and the medical value of cannabis into question by putting scare quotes around key words. That’s despite the fact that DEA recently agreed to a Department of Health and Human Services recommendation to move cannabis to Schedule III of the Controlled Substances Act, acknowledging for the first time that cannabis has an accepted medical use in the U.S. The comments make up only a small part of the 57-page annual report, which the agency said analyzes “illicit drug threats and trafficking trends endangering the United States.” The top-level findings, according to a statement from DEA Administrator Anne Milgram, are that the country’s shift toward synthetic substances such as fentanyl and methamphetamine—which she blamed largely on international cartels—has caused unprecedented harm. “The shift from plant-based drugs, like heroin and cocaine, to synthetic, chemical-based drugs, like fentanyl and methamphetamine, has resulted in the most dangerous and deadly drug crisis the United States has ever faced,” Milgram said. “At the heart of the synthetic drug crisis are the Sinaloa and Jalisco cartels and their associates, who DEA is tracking world-wide.” “The suppliers, manufacturers, distributors, and money-launderers all play a role in the web of deliberate and calculated treachery orchestrated by these cartels,” her statement continued. “DEA will continue to use all available resources to target these networks and save American lives.” In 2022, drug-related deaths killed 107,941 people in the United States, DEA said in its press release about the new assessment. “Fentanyl and other synthetic opioids are responsible for approximately 70% of lives lost,” it says, “while methamphetamine and other synthetic stimulants are responsible for approximately 30% of deaths.” The agency press release doesn’t mention marijuana, though this year’s National Drug Threat Assessment itself does include some cannabis-related details. Unlike unregulated markets for synthetic drugs, for example, the DEA report says that the main suppliers of illicit marijuana “are cannabis growers and processors operating inside the United States.” Despite state-level regulation in many states, it continues, “the black market for marijuana continues, with substantial trafficking by Mexican cartels, and Chinese and other Asian organized crime groups profiting from illegal cultivation and sales, as well as exploitation of the ‘legal’ market.” Recently released federal data from 2023, however, show that marijuana seizures at the U.S.–Mexico border have in fact fallen to their lowest level in recent history, dropping 29 percent from 2022. The 2023 figures mark a 98 percent decline in cannabis intercepted at the southern border since 2013. DEA Releases 2024 National Drug Threat Assessment. #NDTA2024 Learn more:https://t.co/Ju0jlNQCFn pic.twitter.com/xjZIfT3ZZr — DEA HQ (@DEAHQ) May 9, 2024 DEA’s report says that while the Sinaloa cartel does collect “billions of dollars in the illicit synthetic trade,” it also “has never stopped trafficking cocaine, heroin, and marijuana.” The Jalisco cartel, meanwhile, which DEA credits as “the main supplier of cocaine to U.S. markets,” also “traffic ton quantities of heroin and marijuana into the United States.” A separate recent budget submission from DEA to congressional lawmakers reflected the agency’s focus on synthetic substances, primarily fentanyl, noting that the ongoing drug overdose epidemic—which includes deaths from substances many users didn’t realize they were taking—claims lives at a rate of one every five minutes. Marijuana and psilocybin are mentioned only briefly, as subjects of further federally approved research. DEA’s National Drug Threat Assessment also points to evidence from the University of Mississippi’s Marijuana Potency Monitoring Program indicating that the average delta-9 THC levels “in leafy marijuana is at an all-time high, increasing the potential risk of negative effects on users of any form of the drug, and on children who may consume edibles made with these substances.” An included graph citing the University of Mississippi program shows average THC rising from around 1 percent in 1977 to roughly 16 percent in 2022. THC edibles, meanwhile, “are leading to an increase in child and adolescent admissions to Emergency Rooms,” the DEA report says. Despite warning letters issued for products containing federally unregulated delta-8 THC, which is typically derived from hemp crops authorized under the 2018 Farm Bill, the agency said “the concern remains that children will unknowingly eat THC-infused products, regardless of warning labels, because the products mimic the appearance of the actual product, and the packages look nearly identical to the legitimate product’s packaging.” An included photo from the Lancaster County Drug Task Force in Pennsylvania shows a variety of delta-8 THC products labeled with product names such as Ruffles, Cookie Crisp, Nerds and Frosted Flakes. The DEA report does not clarify that products on state-regulated marijuana markets are almost universally prohibited from mimicking mainstream food products, including depictions of cartoon animals or otherwise appealing to children. Additionally, DEA says in its threat assessment that illegal cannabis grows can wreak havoc on the environment. “Illegal outdoor marijuana grows, usually found on public lands, use toxic fertilizers and pest repellants that endanger non-pest wildlife, damage surrounding plants, and seep into water supplies,” the report says. “These sites are mainly located in remote, difficult-to-access areas and can be expensive for cultivators to maintain but are also challenging for law enforcement to detect and eradicate.” “Indoor cultivation,” it continues, “can operate year-round and offer the drug traffickers a continuous profit stream but can severely damage the homes where the grows are established, creating health and safety hazards to first responders.” The document is largely silent on psychedelics, which have also become the subject of reform discussions at the state and federal levels. It acknowledges the substances in a section on “new psychoactive substances.” “Several of these ‘novel’ drugs have actually been around for decades but experience periodic surges in popularity or return to the illegal drug market with tweaks after the original substance was banned or controlled,” it says. Among others, such as MDMA, “Various plant-based substances also fall into this category, such as psilocybin (mushrooms); ayahuasca; salvia divinorum (Magic Mint, Sally D) and khat.” Far from being a “new” substance, however, human use of psilocybin is believed to go back thousands of years. The existence of psilocybin mushrooms, meanwhile, may stretch back to the time of the dinosaurs’ demise, according to research released earlier this year. Cory Booker Visits Marijuana Manufacturer In California Amid Renewed Push For Federal Legalization Bill Photo courtesy of Chris Wallis // Side Pocket Images. The post DEA Appears To Question Marijuana’s Medical Value Despite Rescheduling Recommendation appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

A bill that would create a statewide overdose prevention center pilot program in New York narrowly passed out of a Senate committee this week, though lawmakers on both sides of the issue said they expect further debate on the proposal if it makes it to the chamber floor. The Senate Health Committee voted 7–6 on Tuesday to advance the latest version of the bill, S.339, from Sen. Gustavo Rivera (D). It next proceeds to the Senate Finance Committee. The bill is one “that I feel very, very, very committed to,” Rivera, who also chairs the Health Committee, said at the beginning of the hearing, “and I’m hoping we can get it passed.” New York City became the first U.S. jurisdiction to host locally sanctioned harm reduction centers in November 2021, and early results have been positive. Rivera pointed to the two sites before the vote, saying they “have been saving lives every single day that they’ve been operating.” In the over 30 years that supervised consumption sites have operated globally, he continued, “not a single person who has overdosed in them has ever died.” He also acknowledged that some members of the committee opposed the plan. “We can certainly have a long conversation here,” he said, “or we can have a long conversation on the floor, where I hope to be able to get it at some point soon.” The committee’s ranking Republican member, Sen. Patrick Gallivan, agreed that “the floor would be the most appropriate place to have a longer discussion,” adding that “there are many people who oppose the approach to the expansion or establishment of these centers.” “And I hope that we do get to have a conversation on the floor, sir,” Rivera replied. It’s not the first time the New York Senate panel has considered the legislation. It passed an earlier version a year ago, also on a 7–6 vote. The state’s Assembly passed a similar bill that same month. If the measure becomes law, New York would join Rhode Island and Minnesota in authorizing the facilities. Vermont lawmakers also recently passed a bill to establish and fund a pilot program in Burlington, though the state’s governor has signaled he intends to veto it. The current version of New York’s S.399 would establish a five-year “Safer Consumption Services Pilot Program” under the state’s Department of Health (DOH) that would authorize 10 overdose prevention centers across the state. The department would approve or deny applications from organizations to run the centers following consultation with municipal or community leaders. Entities operating the centers would need to have a community advisory board that would develop policies for soliciting community engagement and feedback in order to address any local concerns. Sites would be co-located at existing DOH-authorized syringe services facilities and would need to comply with other requirements as determined by health officials. The latest changes, sponsor Rivera explained at this week’s hearing, deal with tracking and community reporting around the would-be sites. The bill page on the legislature’s website says the fiscal implications of the proposal are yet to be determined. As for the safer consumption facilities operating in New York City, a study by the American Medical Association (AMA) last July found that the sites had decreased the risk of overdose, steered people away from using drugs in public and provided other ancillary health services to people who use illicit substances. Separate research published by AMA late last year found that the centers have not led to increased crime despite a significant decrease in arrests. Meanwhile the federal government has fought an effort to open an overdose prevention center in Philadelphia, with the Biden administration arguing that the facilities violate federal law. Last month, the court in that case granted the Justice Department’s motion to dismiss a challenge from organizers. The Supreme Court rejected a request to that hear that case in October 2021. DOJ first blocked the Philadelphia nonprofit from opening the overdose prevention center under the Trump administration. Supporters hoped the department would cede the issue under President Joe Biden, who has promoted harm reduction policies as an alternative to criminalization, but the parties could not reach an agreement to allow the facility to open despite months of “good faith” negotiations. Congressional researchers have highlighted the “uncertainty” of the federal government’s position on the facilities, pointing out last November that lawmakers could temporarily resolve the issue by advancing an amendment modeled after the one that has allowed medical marijuana laws to be implemented without Justice Department interference. Meanwhile, National Institute on Drug Abuse (NIDA) Director Nora Volkow has tacitly endorsed the idea of authorizing safe consumption sites, arguing that evidence has effectively demonstrated that the facilities can prevent overdose deaths. Volkow declined to say specifically what she believes should happen with the ongoing lawsuit, but she said safe consumption sites that have been the subject of research “have shown that it has saved a significant [percentage of] patients from overdosing.” Rahul Gupta, the White House drug czar, has said the Biden administration is reviewing broader drug policy harm reduction proposals, including the authorization of supervised consumption sites, and he went so far as to suggest possible decriminalization. The National Institutes of Health (NIH) put out a pair of requests for applications in December 2021 to investigate how safe consumption sites and other harm reduction policies could help address the drug crisis. Gupta, the director of the White House Office of National Drug Control Policy (ONDCP), has said it’s critical to explore “any and every option” to reduce overdose deaths, which could include allowing safe consumption sites for illegal substances if the evidence supports their efficacy. Cory Booker Visits Marijuana Manufacturer In California Amid Renewed Push For Federal Legalization Bill The post New York Senators Approve Safe Drug Consumption Site Pilot Program Bill appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

The CEO of a top marijuana company is pushing back against recent surveys showing insufficient support to pass a Florida legalization ballot initiative this November, claiming internal polling shows the measure ahead by a comfortable margin. After the state Supreme Court cleared the proposal for ballot placement, rejecting a constitutional challenge from Florida Attorney General Ashley Moody (R), two polls came out indicating that the Smart & Safe Florida campaign didn’t have the required 60 percent support for passage. But in an interview with Cheddar on Thursday, Tulieve CEO Kim Rivers dismissed the surveys, saying “don’t believe everything you’re hearing” when it comes to the two most recent polls “in particular.” “We would not put our stock in those polls,” she said, adding that there are more “legitimate polls” from the past year that show the legalization measure “well over” the 60 percent threshold for passage. Tulieve isn’t running the campaign, but it has been the main financial backer of the initiative, contributing nearly $50 million. “Our internal numbers remain incredibly strong and closer to 70 [percent], actually than 60 [percent],” she said. “So [there’s] strong bipartisan support across the state.” Rivers also said during Thursday’s interview that one recent poll she was disputing included “over 10 percent” non-registered voters. It’s unclear what she was specifically referring to, but a USA Today/Ipsos survey that was released last month disaggregated between the general public and registered voters. It found that 56 percent of Florida registered voters and 49 percent of Florida adults overall back the cannabis measure. A separate Florida Atlantic University (FAU) and Mainstreet Research poll found that only a 47 percent plurality of voters back the cannabis initiative, compared to 35 percent opposed and 18 percent undecided. Marijuana Moment reached out to Trulieve and the Smart & Safe Florida campaign for clarification. A Trulieve spokesperson said Rivers was referring to a survey that took place “this spring” without further elaborating. A campaign spokesperson declined to comment when reached by phone. Later in the Cheddar interview, Rivers responded to a question about the market potential for her company if cannabis is legalized in Florida. “We believe that Florida could be a $6 billion market opportunity,” she said. “We currently have just under 900,000 medical patients—but look, there’s 22 million residents and 138 million unique tourist visits in Florida. So this market could be massive.” Thank you ⁦⁦⁦@cheddar⁩ for having me on to talk @Trulieve earnings! With a beat across all markets, we are ready for the road ahead! #YesOn3 Cannabis Rescheduling Could be the ‘First Domino’ to Federal Reform https://t.co/9FODCQuZF6 — Kim Rivers (@rivers_kim) May 9, 2024 “Truly we are the market leader. We have 135 locations currently in the state of Florida— over three million square feet of cultivation and production capacity—so you know, for us, of course it could be a game changer,” Rivers said. While the campaign hasn’t shared internal polling, it is the case that prior surveys have shown the initiative in a more comfortable position than the two most recent public polls did. A University of North Florida (UNF) poll released last November found nearly 70 percent of voters are in favor of the reform, for example. Meanwhile, the Florida Republican Party officially come out against a marijuana legalization initiative over the weekend, clearing the way for Gov. Ron DeSantis (R) to raise money to fund an opposition campaign against the measure. DeSantis also previously predicted voters will reject the marijuana initiative in November and argued that passage would “reduce the quality of life” in the state. — Marijuana Moment is tracking more than 1,400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access. — Economic analysts from the Florida legislature and DeSantis’s office, estimate that the marijuana legalization initiative would generate between $195.6 million and $431.3 million in new sales tax revenue annually if voters enact it. Those figures could increase considerably if lawmakers opted to impose an additional excise tax on cannabis transactions that’s similar to the ones in place in other legalized states. If approved, the measure would change the state Constitution to allow existing medical cannabis companies in the state, such as Trulieve, the campaign’s main financial contributor, to begin selling marijuana to all adults over 21. It contains a provision that would allow—but not require—lawmakers to take steps toward the approval of additional businesses. Home cultivation by consumers would not be allowed under the proposal as drafted. Adults would be able to purchase and possess up to one ounce of cannabis, only five grams of which could be marijuana concentrate products. The three-page measure also omits equity provisions favored by advocates, such as expungements or other relief for people with prior cannabis convictions. Nearly all of the campaign’s financial backing has come from existing medical marijuana businesses, predominantly multi-state operators. Recently, the Florida Division of Elections (DOE) released the campaign finance activity report from the first quarter of the year, showing nearly $15 million in new contributions. Trulieve, the main financial backer of the initiative, led the pack again with $9.225 million in donations during the first quarter. That follows the company previously contributing about $40 million as advocates worked to collect more than one million signatures to qualify for ballot placement. The company’s CEO said recently that, contrary to the governor’s claims, legalization could actually “improve quality of life” for residents. Here’s what the Smart & Safe Florida marijuana legalization initiative would accomplish: Adults 21 and older could purchase and possess up to three ounces of cannabis for personal use. The cap for marijuana concentrates would be five grams. Medical cannabis dispensaries could “acquire, cultivate, process, manufacture, sell, and distribute marijuana products and marijuana accessories to adults for personal use.” The legislature would be authorized—but not required—to approve additional entities that are not currently licensed cannabis dispensaries. The initiative specifies that nothing in the proposal prevents the legislature from “enacting laws that are consistent with this amendment.” The amendment further clarifies that nothing about the proposal “changes federal law,” which seems to be an effort to avoid past legal challenges about misleading ballot language. There are no provisions for home cultivation, expungement of prior records or social equity. The measure would take effect six months following approval by voters. Here’s the full text of the ballot title and summary: “Allows adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories. Applies to Florida law; does not change, or immunize violations of, federal law. Establishes possession limits for personal use. Allows consistent legislation. Defines terms. Provides effective date.” Smart & Safe Florida announced in March that it was working to form a coalition of veterans to build voter support for the reform. The campaign has since formally launched that initiative. Despite his opposition to the initiative, DeSantis, a former GOP presidential candidate who dropped out of the race in January, previously accurately predicted that the state’s highest court would ultimately allow the measure on November’s ballot. DeSantis also weighed in on another relevant cannabis policy issue earlier this year when, while still a presidential candidate, he said that he doesn’t believe the federal gun ban for state-legal marijuana consumers is constitutional. Florida’s former agriculture commission, Nikki Fried, brought a lawsuit against the Biden administration over the rule, though the governor did not get involved. Prior to dropping out, DeSantis also said that if elected president, he would “respect the decisions that states make” on marijuana legalization despite his personal view that the reform has a “negative impact.” Cory Booker Visits Marijuana Manufacturer In California Amid Renewed Push For Federal Legalization Bill Photo courtesy of WeedPornDaily. The post Florida Marijuana Legalization Measure Has Enough Support To Pass In Internal Polling, CEO Of Company Funding Campaign Says appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net