The Delaware Supreme Court last week ruled that cannabis odor during a traffic stop by itself is not enough to trigger probable cause for arrest, according to an ABA Journal report. The decision is, in part, due to cannabis decriminalization in the state.
The 4-1 decision reverses the delinquency case of a juvenile, known in court documents by the pseudonym Heather Juliano, on the basis that the cocaine and cannabis found following her arrest should be suppressed as “fruit of the poisonous tree”—an exclusionary rule to make evidence inadmissible if it was illegally obtained.
According to the report, police pulled over the car in which Juliano was a passenger because she wasn’t wearing a seat belt and the car’s occupants were arrested after police said they smelled cannabis. At the police station, the 15-year-old removed a bag of cannabis and a bag of cocaine from her pants to avoid being strip-searched, the report says. Juliano was found delinquent on charges of aggravated cocaine possession, aggravated possession of marijuana, and drug dealing.
“Under the totality of the circumstances presented by the state in this unusual case, including the vagueness of the officers’ description of the marijuana odor, the timing of their detection of that odor, and the absence of any other observations indicative of criminality, Juliano’s arrest was unreasonable.”—the Delaware Supreme Court, Juliano v State of Delaware, Sept. 10, 2021
The cannabis odor from the vehicle didn’t establish a fair probability that Juliano consumed cannabis in a moving vehicle, the court ruled, and the record does not support a conclusion that the officers knew that Juliano or other vehicle occupants were younger than age 18—for which possessing even a small amount of cannabis would have triggered a misdemeanor charge under state law. The court also concluded that there was no evidence providing officers with a reasonable belief that Juliano had a larger quantity of cannabis that was subject to stiffer penalties, the state supreme court said.
Delaware law allows warrantless arrests for misdemeanors officers have probable cause to think that the crime was committed in the officer’s presence but warrantless arrests for civil violations are not permitted.
Missouri officials on Thursday transferred more than $6.8 million derived from cannabis taxes in the state to the state Veterans Commission as required under the state’s medical cannabis law. In all, the commission has received $8.9 million from cannabis-derived taxes, according to the state Department of Health and Senior Services (DHSS).
The agency said that, since October 2020, the state has sold more than $113 million of medical cannabis. Those sales are taxed at 4%, but the first transfer of funds—$2.1 million—to the Veterans Commission came from industry fees.
Lyndall Fraker, director of the Section of Medical Marijuana Regulation with DHSS, noted in a statement that there are more than 140 dispensaries throughout the state and that regulators “are very pleased to see their sales revenue where it is.”
“Ultimately, this is how we are able to provide much-needed funding for the veteran’s commission.” — Fraker in a press release
Paul Kirchhoff, Missouri Veterans Commission executive director, said that a portion of the funds will be used to complete the Missouri Veterans Cemetery – Jacksonville columbarium wall.
Last month, adult-use advocates in the state filed a ballot initiative to legalize cannabis. The campaign must collect 175,000 signatures to put the issue to voters during next year’s midterm elections. The proposed constitutional amendment includes a 6% retail tax and the option for local governments to collect their own 3% tax on sales. Some funds derived from adult-use sales would be earmarked for veterans’ healthcare under the proposal.
Three New Hampshire legislators have filed separate proposals to put adult-use cannabis constitutional amendment questions on the 2022 ballot, Marijuana Moment reports. State Reps. Joshua Adjutant (D), Renny Cushing (D), and Andrew Prout (R) each filed a request with the Office of Legislative Services to write legislation that then would need a supermajority approval—60%—in both houses of the Legislature to refer the amendments to the ballot in 2022.
The move appears to be a way to avoid a legislative battle with anti-legalization Gov. Chris Sununu (R) but legislation for the three amendments still face challenges in the Republican-controlled Senate, where a legalization bill died in the 2021 session.
However, if the new approach is successful, then a “Yes” vote from 67% of New Hampshire voters on any of the amendments would make them the law. According to the report, this is a real possibility as three out of four New Hampshire voters approve of adult-use cannabis reforms.
Adjutant’s amendment provides that the state shall make no law prohibiting the use, sale, or cultivation of cannabis for persons over 18 years of age; Cushing’s proposal would provide that adults shall have the right to possess cannabis for personal consumption; while Prout’s amendment would give all adults the right to possess, use, and cultivate cannabis, subject to regulation by the legislature.
“Granite Staters are tired of watching cannabis bills pass the House and then die in the Senate,” Matt Simon, Director of Public and Government Relations at Prime Alternative Treatment Centers of New Hampshire, told Marijuana Moment. “Public opinion is overwhelmingly favorable on the issue, so it’s no surprise that legislators have finally decided to try this approach.”
In this edition of Canna-Bias, we examine how NBC’s hyperbolic coverage of C.H.S., or Cannabinoid Hyperemesis Syndrome, spawned a wave of similar news stories from other mainstream and local publications.
In July, NBC News published a report on C.H.S., which led to a cascade of similar reports from the mainstream media including an Independent article (a day later, with the word “scromiting” in the headline), and at local news organizations throughout the U.S.
Presence of bias:
In 2017, Ganjapreneur interviewed several individuals who suffered from C.H.S. and two physicians who have worked directly with patients who suffered from it. The issue with the NBCNews and Independent articles is not that they chose to cover this condition, but how they went about doing so.
In particular, NBC News plants several tidbits in their article that are designed to make people afraid for the safety of their children in a post-legalization world.
To start with, the NBC News piece states, “Colorado and Washington became the first states to legalize recreational marijuana in 2012. Several years later, doctors in Colorado and other states are expressing alarm over the increasing potency of cannabis and the health risks it may pose for young users – from psychiatric issues, including violent psychotic episodes, to the mysterious condition that plagued Gribbon.”
NBC News does, in fact, interview four Colorado physicians; however, that’s it. There are no physicians from other states interviewed for the story. Bias occurs when news deviates from the ideal, and, ideally, NBC News should have found experts from other states if they were going to make the claim that the alarm about these specific issues is widespread (and omitting them amounts to quality bias).
Another major element of bias within the piece stems from the fact that the two primary sources are an 18-year-old and a 17-year-old, for whom it is not legal to purchase, possess, or consume cannabis under Colorado’s state law. Additionally, C.H.S. does not only affect young people, although they are the focus of the article. Running with these interviews as the focus results in context bias and misleads the reader into thinking this condition is a threat to young people in particular.
The Independent story and its “scromiting” headline contains various bias types, including adjective bias. In Ganjapreneur‘s interviews with C.H.S. patients – both on and off the record – the word “scromiting” never came up. Maybe it’s a UK thing.
There is no denying that C.H.S. is a real condition and that it may be linked to high-potency cannabis–this was a common thread in Ganjapreneur‘s interviews from 2017–but the NBC News article doesn’t include voices of anyone who overcame the condition and is quite one-sided in its presentation (which amounts to gatekeeping, quality and tone bias).
How to remedy:
The Independent doesn’t seem to be interested in covering any facts beyond NBC News’ report, and it seems like they really just wanted to run a headline with the word “scromiting” in it.
To avoid bias in their coverage, both news organizations (and those that followed suit) should include relevant context and multiple perspectives instead of building a narrative around fear.
A group of more than 150 high-profile individuals including musicians, athletes, elected officials, advocates, law enforcement, and prominent business leaders delivered a letter to President Joe Biden (D) on Tuesday requesting “a full, complete, and unconditional pardon” for all federal cannabis offenders.
Some signees of the letter include celebrity musicians Drake, Killer Mike, and 2 Chainz; pro athletes Deion Sanders and Kevin Garnett; former New Mexico Gov. Gary Johnson and a host of elected state officials from around the nation; and cannabis advocates Weldon Angelos and Shaleen Title.
The letter calls on the president to honor his election campaign promises, recalling a 2019 Democratic Party Debate where then-candidate Biden said: “I think we should decriminalize marijuana, period. And I think everyone—anyone who has a record—should be let out of jail, their records expunged, … completely zeroed out.”
The letter also references the drug war’s unfair treatment and disproportionate punishments for poor communities and communities of color and highlights the successful state legalization policies that have carried cannabis reforms over the last near-decade.
“Although the [drug] war impacts individuals of all races, the effects of drug prohibition—from surveillance and arrest, to trial and conviction, to incarceration and reentry into society—are felt most keenly by the poor, the powerless, and people of color. Reckoning with these harms is a critical civil rights issue, which must proceed with what Dr. King memorably described as the ‘fierce urgency of now.’ This resolve is witnessed today in both red and blue states, from coast to coast, as the American people call for an end to marijuana prohibition.” — Letter excerpt
While Biden was considered the more reform-friendly candidate in the 2020 presidential election, his administration has so far failed to follow up on any cannabis-related campaign promises. Instead, the White House has punished cannabis use among its staff members and, in April, White House Press Secretary Jen Psaki suggested that the president’s reform plan still includes rescheduling the plant to Schedule II, which would make it easier to research but would maintain prohibition for general consumption.
In this edition of Canna-Bias, we examine how mainstream news organizations covered a recently-released study from Danish researchers on the possibility of a link between cannabis use and schizophrenia.
The article by CNN, “Schizophrenia linked to marijuana use disorder is on the rise, study finds,” and the article by Fox News, “Cannabis-infused psychosis: Amid push for legalization, sister says brother ‘was lost to us for a decade,'” were quick to publish eye-catching headlines but both failed to provide accurate context.
Presence of bias
Although its coverage came on the heels of CNN’s, Fox News didn’t even address the Danish study, instead leading their story with a cannabis opponent who describes lawmakers talking about legalizing cannabis “like it’s chamomile tea.” This alone amounts to attribution bias, as one would be hard-pressed to find a single federal lawmaker who would approve of a cannabis bill that would allow sales in the same manner as tea – available far and wide to anyone with $6.00, at farmers’ markets, and growing on the windowsills of grandmothers around the country.
The Fox News story, moreover, relies on the opinion and experience of one anti-cannabis advocate – a singular story – with an agenda to push. Fox News also buries a key detail of the Reefer Madness-like tale deep within the article – that the brother of the anti-cannabis zealot “suffered from an undiagnosed mental illness” which may have contributed to his schizophrenia, rather than the cannabis he consumed.
To CNN’s credit, one source who is quoted points to people who seek treatment for so-called ‘cannabis-use disorder’ saying that they “tend to have multiple mental health problems” and that “there are far more recreational cannabis users who manage cannabis well than cannabis-dependent users who cannot manage it.” However, the CNN story buries quotes from the study author to the sixth graph, where he notes that the study’s “findings will have to be replicated elsewhere before firm conclusions can be drawn.”
The CNN story doesn’t even include a key quote until the very last graph (structural bias) where Tyler J. VanderWeele, a professor in the Departments of Epidemiology and Biostatistics at the Harvard T. H. Chan School of Public Health, says that “cannabis use disorder is not responsible for most schizophrenia cases, but it is responsible for a nonnegligible and increasing proportion.”
Taken together, both stories – published four days apart – mislead readers with wild headlines that are not entirely accurate.
How to remedy
Perhaps unsurprisingly, the Fox News story is–more or less–a hit piece, and uses one biased source for the entire story. If the author wanted to pursue this topic from an actual journalistic perspective, the article would need to be completely rewritten with a wider lens and additional sources.
CNN’s coverage of the Danish study could be improved by referencing the study author’s own notes about the limitations of the study earlier, and including commentary from qualified experts before the writer’s analysis & speculation based on those comments. The CNN article could also have reached out to additional experts on the topic of cannabis as it pertains to mental health.
Context is another factor that is lacking in these articles. For example, neither Fox News nor CNN discusses the criminal justice implications of legalization (with an estimated 40,000 people still in prison for cannabis-related offenses), or the fact that the U.S. ranks 37th in the world for healthcare and that about half of all Americans with mental illness don’t receive the treatment they need, which could exacerbate symptoms of schizophrenia and psychosis more than cannabis use. For comparison, there is also no mention of the many widely-known health problems associated with legal substances like alcohol and tobacco — or comparable medical terms like ‘alcohol use disorder,’ ‘tobacco use disorder,’ or ‘opioid use disorder.’
Since July, New Jersey courts have expunged at least 362,000 low-level cannabis-related criminal records and there are an estimated 125,000 to 150,000 similar cases that could be automatically expunged under the state’s legalization law, NJ.com reports. Individuals with convictions that have not been automatically cleared can file a motion for review with the courts.
The eligible charges include cannabis possession and sales of less than one ounce, possession of drug paraphernalia, being under the influence of cannabis, failing to turn over cannabis, or possession while in a vehicle.
Michael Hoffman, a defense attorney, told NJ.com that the charges expunged under the legalization law do not include offenses outside of the state Supreme Court order, which laid out a process for expunging records and eligible charges; so, cannabis charges that occurred alongside traffic violations or other crimes will remain on records for now.
Hoffman added that the system leaves many in the dark about whether their cases were included in the process. He described the procedure to obtain a certificate confirming expungements as “convoluted.”
“In a COVID world, they created a brand-new process that requires you to appear in person and present photo identification. That’s just to determine if you were subject to and got the benefit of automatic expungement.”—Hoffman to NJ.com
Chirali Patel, an attorney with Pashman Stein Walder Hayden, estimated that there “should be upwards of millions of cases” affected by the reforms.
“Decriminalization and legalization are trying to work hand-in-hand,” Patel said in the report. “Of course, this is just one step. Dealing with the collateral damage of having had a record— it still prevented them from so much. They’re finally getting to be getting to the starting line.”
South Dakota lawmakers on Monday approved most of the state Department of Health rules for the state’s voter-approved medical cannabis program but rejected some proposals including limiting the amount of high-potency cannabis patients can possess, requirements that medical practitioners could write recommendations for patients that want to grow more than the three plants allowed under the law, and a defined list of qualifying conditions, the Associated Press reports.
The Legislature’s Rules Committee approved provisions that set a $75 application fee for medical cannabis ID cards—with a discounted fee of $20 for low incomes applicants—along with a licensing fee of $5,000 for any medical cannabis facility.
Republican Gov. Kristi Noem, who long opposed the reforms, said the approvals will help keep her administration on track to implementing the program.
“I commend the Department of Health for its hard work to streamline the process. South Dakota will continue to implement the best, most patient-focused medical cannabis program in the country.”—Noem, in a statement, via the AP
Secretary of Health Kim Malsam-Rysdon said she was “disappointed” that the committee rejected a defined list of qualifying conditions. When questioned by lawmakers about the proposed rule about highly potent concentrates, Malsam-Rysdon argued that concentrates have been “shown to be more addictive,” a claim that was rejected by lawmakers.
The Health Department can rework the rejected rules and resubmit them to lawmakers for reconsideration. The medical cannabis law requires officials to enact the rules by October 29 and be ready to issue patient ID cards by November 18.
The National Underwriter Company, an ALM business, is launching the Cannabis Insurance Coverage Specialist (CICS) program—one of the first certifications for insurance agents and brokers, risk managers, and other professionals who advise cannabis-related businesses.
The program was created by ALM’s experts and thought leaders in conjunction with insurance, legal, and cannabis industry experts.
Molly Miller, ALM’s chief content officer, said the “courses will focus on providing an in-depth look at the challenges and opportunities businesses face daily.”
“We wanted to create a forward-thinking certification that would benefit professionals serving the cannabis industry, as well as growers, suppliers, manufacturers, dispensaries and others who are a critical aspect of this still evolving industry.”—Miller in a press release
The first course in the program, Cannabis Insurance 101, will include such topics as risk management, real estate issues, product liability and claims, cannabis issues for business advisors—including financial services professionals and attorneys—and medical and health issues surrounding the use of cannabis, including workers’ compensation and employment law concerns.
The Cannabis Insurance 101 program has been approved for continuing education credits in Arizona, Illinois, Ohio, and Washington state, and is pending in California, Colorado, Nevada, New York, and Oregon.
Kieran J. O’Rourke, vice president and director of underwriting for Cannasure Insurance Services, a subsidiary of One80 Intermediaries, said in a statement that the cannabis industry faces “many of the same daily issues as other enterprises, but with some unique challenges” due to cannabis federal Schedule I status.
“Educating the insurance industry about these unique risks allows carriers to better serve these expanding businesses,” he said.
The Emerald Triangle—made up of California’s Humboldt, Trinity, and Mendocino Counties—is known as the largest cannabis-producing region in the country. Literally shaped like a triangle, the region is home to some of the world’s best and most experienced cannabis cultivators. It’s said that the Emerald Triangle first started developing its reputation after San Francisco’s Summer of Love in 1967, when the flower children gathered in Northern California to create a magical place known today as the cannabis mecca of the United States.
Sun-grown cannabis plants at Bennett Farms. Photo credit: 1st Lady of the West Coast
“These three Northern California counties have the ideal terroir – that combination of soil and climate – for growing the best weed on the planet. These three counties make up the largest cannabis growing region in the United States. There are more weed farmers growing more weed here than any place else in the country, and they’ve been growing here for generations.”
Here, we are paying homage to the region that has been taking care of the needs of those in the United States by growing cannabis for decades; to the region that has saved lives in the face of adversity; to the hippies, cultivators, allies, and women in the soil. Here, we highlight and honor four women cultivators in the Emerald Triangle: Wendy Kornberg, Karla Avila, Sequoyah Hudson, and Chiah Rodriques.
Wendy Kornberg is the owner of Sunnabis: Humboldt’s Full Sun Farms. Sunnabis is a legacy Humboldt, female-owned and operated, DEM pure regenerative cannabis farm specializing in natural farming.
Karla Avila is the owner/operator of Flowerdaze Farm. Flowerdaze is a regenerative cannabis farm; Karla is also an author and the creator of Rose Lemonade.
Sequoyah Hudson is the co-owner/partner of 8-Mile Farms. 8-Mile Farms is a multi-decade farm specializing in growing cannabis with the natural resources that the region provides. Sequoyah is also the founding farmer of True Humboldt and the CEO/CFO of Humboldt Sun Growers Guild.
Chiah Rodriques is the owner/co-owner of Mendocino Generations, Arcanna Flowers, and River Txai. These farms/brands specialize in off-grid, sun-grown, organic, solar cannabis.
Generational Farming: Passion, Inspiration, and Mentors
Recently I traveled up to the Emerald Triangle for a full, three-county tour led by Lele Dubois. I met the most amazing people, some of the most skilled cultivators, and all were some of the most humble people I have ever met. It wasn’t until my visit up that I witnessed true passion for soil, nature, plants, and the medicinal and overall healing benefits of cannabis.
I had the honor of meeting several cultivators, but the women cultivators were my highlight. Cannabis is very much a male-dominated industry so it was magical to meet second, third, and even fourth-generation women farmers/cultivators. I wanted to pick the brains of legends in the cannabis space and they graciously allowed it.
Do you come from a generation of women in cannabis? If so, what generation are you?
Chiah Rodriques: “I am the first woman in my line of cultivation. But I come from a large community where about half of the cultivators are women around me.”
Wendy Kornberg: “I am a second-generation female cannabis cultivator. My mother ran the garden, really more of a hobby farm with about an acre of: veggies, fruits, orchard trees, and cannabis.”
Karla Avila: “I am a 4th generation herbalist and homesteader where cannabis was part of the homestead apothecary garden along with myriad other medicinal and useful plants.”
Sequoyah Hudson: “I am the 1st generation woman cannabis farmer in my family.”
Where did your passion to cultivate come from?
Chiah Rodriques: “My father was a guerilla grower back in the 70s/80s/90s and I watched what he did. At that time, I was coming into my teens in the mid ’90s and started using cannabis so, the passion grew for learning. I grew my first crop when I was 18.”
Wendy Kornberg: “I’ve always loved gardening and farming, but cultivating cannabis seems to have been born into me. My family didn’t grow at home, but guerrilla gardening ran strong in our blood. One late summer at the age of about 13, I decided it was far time to grow my own.”
Karla Avila: “It is in my bones, in my blood. For as long as I can remember, cultivating, nurturing and caring for life and the life-giving plants that heal and sustain us, has been important in my family.”
Sequoyah Hudson: “My passion really developed from growing cannabis as a hobby with my husband. It has always been so rewarding to have successfully grown a ‘crop’ whether it was 1 or 500 plants.”
Do you believe that women have a kindred connection to plants—why or why not?
Chiah Rodriques: “Yes I think that women have a unique connection to all plants. Typically we are the healers, the medicine women, the herbalists, the witches. Cannabis is a female plant when flowering and I feel a connection with that plant more than any plant.”
Wendy Kornberg: “I believe most people have a kindred connection to plants, when they allow themselves to feel it and focus on it. Women seem to be especially in tune with cannabis, perhaps because we cultivate and culture the females more than the males.”
Karla Avila: “Absolutely, without a doubt. Women, perhaps by their nature to be nurturers, caregivers, healers, organizers, connectors, and mothers, vibrate in harmony with useful medicinal and spiritual plants. As a woman who spends time with plants, we become attuned to their vibrational existence and to the connections between us and all life ”
Sequoyah Hudson: “Women absolutely have a kindred connection to plants. Our keen intuition, ability to adapt, and desire to nurture just fosters a relationship naturally.”
8-Mile Farms. Photo credit: Veronica Castillo
Lessons learned and lessons taught
As cannabis legalization continues to sweep the nation, current and aspiring cannabis cultivators are leaving the shadows for the light.
What lesson about plant cannabis has stayed with you since learning it—and is it something that you pass on to women that you teach and inspire?
Chiah Rodriques: “I can’t think of one specific lesson from my years right now, but the main thing is that cannabis is a healer for almost everything—humans, the body, ailments, the land, the soil, and the community. I listened to the wisdom of the plants and created some remedies that help hundreds if not thousands of people over the years.”
Wendy Kornberg: “Cannabis has taught me so much, but mostly that it is so important for bringing our bodies into balance. Every time an ailment hits someone it appears that cannabis has the potential to alleviate some, if not all, of the pain and suffering the illness has caused.”
Karla Avila: “This plant is a teacher, there can be many lessons. This plant is adaptive, it will give you rest if you need it, it will give you wisdom if you seek it. It is a teacher, and it teaches you to be your own teacher, to know your own wisdom. It is an ally.”
Sequoyah Hudson: “The lessons are endless and she makes you want to share all you have learned to everyone—men and women, boys and girls, old and young. But mostly there is beauty and resilience in all things.”
Legacy cultivation and the journey from prohibition
Many of the cultivators in the Emerald Triangle grew cannabis during the prohibition era and have transitioned, like these ladies, from prohibition, to medical, to recreational.
What has it been like as a woman in cannabis to go from prohibition, to medical, to adult-use legalization?
Chiah Rodriques: “I was not the main cultivator on my farm because I was raising the babies mostly for years, but once we got through legalization I began to use my creativity and ingenuity to build a better farm, a brand, and began to network and connect with others as women do.”
Wendy Kornberg: “California has really messed up this time. We had a thriving market for small farmers who risked everything to bring this medicine to the people prior to a list use regulations, and now we have corporations who swooped in during the green rush and have deep pockets, enough to last a couple more years of losses. As a female in a very male-dominated marketplace, it’s been hard to claim a seat at the table with the guys.”
Karla Avila: “NOT easy. The regulatory system for adult-use legalization has a long way to go before it is truly the end of prohibition. Small legacy farmers in particular, those on whose backs this industry was built, are at massive risk of being able to survive and thrive in the new regulatory framework, which is extremely prohibitive to small farmers.”
Sequoyah Hudson: “It has been quite the roller coaster ride for sure. It has been extremely disheartening to see our small rural communities—across California— that had been thriving, caring for one another, developing ‘neighborwoods’ with character, supporting local businesses and charities who were thriving FOR DECADES begin to crumble and suffer and struggle just to make ends meet. A battle has come down on us that none of us could have ever been prepared for.”
Final words—advice and encouragement for aspiring cannabis cultivators
Chiah Rodriques: “Growing cannabis is not for the faint of heart. Growing your own medicine is one of the most satisfying and empowering things a person can do. You can change the world one person at a time.”
Wendy Kornberg: “Find someone who inspires you and intern or train under them, just like with any other crop or career. Having patience and determination is key. Also, don’t step on others to get to where you want to be.”
Karla Avila: “If you have a passion for cultivating, do not ignore it. Practice. Become a Master. Surround yourself with a team of dedicated women and men, build community around this plant and the values that it teaches, and stay true to those values.”
Sequoyah Hudson: “Cannabis has nurtured a community of teaching, learning, giving, and sharing. If you want to learn, she will teach you. In return, teach what you learn to others. She will provide abundantly. In return, share what she gives to you.”
The U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) have warned against the use of products containing delta-8 tetrahydrocannabinol (THC).
Delta-8 THC is a natural isomer of the cannabis plant but is much less common (and less potent) than delta-9 THC, which is the psychoactive chemical most commonly associated with cannabis. But delta-8 is still psychoactive and modern hemp processors have determined methods for synthetically converting hemp-derived cannabinoids like CBD into delta-8 THC. And, because these companies are operating under the 2018 Farm Bill—which federally legalized industrial hemp and its derivatives—the products can be shipped nationwide, even to states that have not yet legalized cannabis.
First reported by Marijuana Moment, the agencies released documents on Tuesday covering the potential health risks of delta-8 THC and warning consumers against experimenting with such products. In the CDC’s Health Alert Network Health Advisory and the FDA’s “5 Things to Know About Delta-8 THC” fact sheet, the agencies argue that delta-8 THC hasn’t been properly researched.
“The health effects of delta-8 THC have not yet been researched extensively and are not well-understood. However, delta-8 THC is psychoactive and may have similar risks of impairment as delta-9 THC. As such, products that contain delta-8 THC but are labeled with only delta-9 THC content rather than with total THC content likely underestimate the psychoactive potential of these products for consumers.” — CDC Health Advisory excerpt
The agencies also highlight an uptick in “delta-8 THC-involved adverse events” including pediatric hospitalizations and calls to Poison Control as additional causes for concern.
Delta-8 tetrahydrocannabinol, aka delta-8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are two varieties. Delta-8 THC products haven’t been evaluated or approved by the FDA for safe use in any context. https://t.co/YI4yWhUeyn
Meanwhile, a growing list of states including Colorado and Washington—the ground zero states for cannabis legalization—have banned delta-8 THC products from retail shelves. Additionally, a study in June found that more than half of commercially available delta-8 THC products contained illegal levels of delta-9 THC.
In an interview last month with HempGrower, renowned cannabis researcher Dr. Ethan Russo suggested that the proliferation of such gray market, hemp-derived THC products was a byproduct of ongoing prohibition.
“If there were legalization of cannabis products with appropriate regulation, I don’t think any of this would be happening,” he said. “The continuation of prohibition has basically been a catalyst to this kind of development of products that people would like to think are legal but clearly are not.”
The World Anti-Doping Agency (WADA) will review its cannabis ban following the suspension of Sha’Carri Richardson during the Summer Games for failing a cannabis test, Swimming World Magazine reports. Richardson’s ban renewed the debate on the WADA’s cannabis policy, and the agency’s executive committee endorsed the decision to review the cannabis rules during its Tuesday meeting.
Richardson was suspended in July and the ban also forced her off the relay team, which prevented her from competing in the Olympics. WADA said they could not overturn the suspension despite sympathizing “with the circumstances” of the case. Richardson said she used cannabis to deal with the “emotional panic” following her mother’s death. WADA praised Richardson for her “accountability for accepting that the rules are in place for athletes worldwide.”
Following the meeting, WADA President Witold Bańka said that he was “pleased with the decisions that were taken today by the Executive Committee on a range of key topics.”
“These will help further strengthen the global anti-doping program and the protection of clean sport. In particular, the decisions made by the committee in relation to compliance, the 2022 Prohibited List and in a number of science-related areas will prove to be important for the continued success of the system and for the good of athletes around the world.” — Bańka via Swimming World Magazine
In 2017, WADA removed CBD from its banned substances list, while adding synthetic cannabinoids, such as “Spice.” The U.S. Anti-Doping Agency also includes THC on its prohibited substances list.
The review will be conducted by WADA’s 14-member executive committee.
A package of bi-partisan bills introduced in Michigan on Tuesday would reduce the number of patients allowed per medical cannabis caregiver from five to just one, which would also limit the amount of plants caregivers could grow at one time from 60 to 12, MLive reports.
The reforms are backed by the Michigan Cannabis Manufacturers Association, which released a study in June that estimated about two-thirds of all cannabis sales in the state occur outside of the legal market.
The report by Anderson Economic Group found that in 2020, 30% of Michigan cannabis sales—or about $930,000—were driven by caregivers and medical cannabis cultivation at home. The report also found that 39% of sales, or about $1.2 million, were from illegal sales and adult-use cultivation. Comparatively, the report estimates that adult-use sales at dispensaries represented $510,700 in sales—15% of the market share—while medical cannabis sales at dispensaries comprised about 16% of the market, or about $474,000.
Michigan Cannabis Manufacturers Association Board Chair Shelly Edgerton told MLive that the state’s “unregulated cannabis market poses an immediate threat to the health of all Michiganders, and the Michigan Cannabis Safety Act updates outdated laws to help ensure all Michiganders have access to tested, tracked, and labeled cannabis products.”
“We look forward to working with lawmakers on both sides of the aisle to bring Michigan’s unregulated, unlicensed cannabis market in line with the rest of the cannabis industry to help ensure safe, high-quality cannabis is available for all Michiganders.”—Edgerton via MLive
Michigan Cannabis Manufacturers Association Director Steve Linder, who is a former Republican lobbyist, described the supply of cannabis not in the licensed marketplace as “huge” and untested.
“People are not employing, they’re not investing in infrastructure, they’re not paying taxes,” he said in the report. “So, we have to get at the unregulated supply and that law needs to be passed. And we’re going to lead the charge.”
Jamie Lowell, the director of social responsibility and advocacy at the Botanical Company, said that caregivers are not responsible for the state’s oversupply of illicit cannabis.
“There is no good reason to create any further restriction or burdens on the current caregiver system,” Lowell told MLive. “There is no health or other issues warranting any prohibitive changes to caregivers.” She added that the proposals didn’t include input from “important stakeholders” and that “it seems as if it is common knowledge in Lansing that Steve Linder and the (Michigan Cannabis Manufacturers Association) are behind” the proposed bill package.
Rick Thompson, a caregiver supporter and director of the National Organization for the Reform of Marijuana Laws (NORML) Michigan chapter, described the push as a “smoke and mirrors game.”
Pennsylvania officials will soon have to disclose how many of the state’s medical cannabis patients are certified under each of the state’s qualifying conditions, Spotlight PA reports. It would be the first time the state has revealed that information and is only doing so at the order of the Office of Open Records, which ruled this month in favor of Spotlight PA as the news organization seeks information on how many Pennsylvania medical cannabis patients are enrolled for opioid use disorder.
The state Department of Health refused to provide the information citing the state’s medical cannabis law protecting patient and caregiver information. However, the Open Records Office rejected the argument that releasing patient figures would violate confidentiality rules in the law.
Spotlight PA is seeking the information in their coverage of a story of a Bucks County man who was wrongly denied addiction treatment funding because he was enrolled in the state’s medical cannabis program. The man died a few weeks after the denial due to a drug overdose.
While Spotlight PA’s appeal of the denial was pending, the Office of Open Records approved the request of another organization, CNHI, which was seeking information on how medical cannabis patients lived in each of the state’s counties. The data showed that more than 50,000 patients live in one of 29 rural counties without a dispensary.
Spotlight PA was provided numbers on how many medical cannabis patients were enrolled in New York and New Jersey for opioid use disorder. In New Jersey, more than 2,200 patients were enrolled for the condition as of July, according to a Cannabis Regulatory Commission spokesman; in New York, that figure is more than 2,100 through July.
Helping Women Everywhere Say Goodbye to Pain, and Hello to Pleasure
BALTIMORE, Maryland, September 14, 2021 – Every day, millions of women are suffering in silence from pelvic pain, menstrual cramps, and painful sex which ultimately impacts both a woman’s physical and mental health, as well as their quality of life. Over the past few decades, modern medicine has created various over-the-counter products to address the symptoms of these issues. The problem: those treatments leverage chemicals to ease pain, which eventually creates long-term problems for women. Be Jubie has stepped in to help women ditch the pain using natural CBD + CBG suppositories.
Founded by Jen Jackson in 2019, Be Jubie has set out on a mission to dismantle the stigmas and misconceptions around therapeutic cannabis consumption to act as a tangible advocate for patients in pain. For far too long, women have sought help for their pain, only to be met with pills or a hysterectomy as their only options for relief. Jen saw her mother suffering from endometriosis and many of her friends suffering from fibroids and she knew there had to be a natural alternative to pill consumption.
Reproductive health and sexual pleasure are sacred and deserve the proper attention, and treatment to help people with vaginas thrive. To change the game in reproductive health Be Jubie has launched their proprietary CBD + CBG Suppositories designed to reduce pelvic pain and improve sex. Natural, safe, and effective, Be Jubie’s CBD + CBG Suppositories use three simple ingredients; cocoa butter, full-spectrum CBD, and CBG isolate to create an entourage effect to promote pain relief.
“By the age of 50, 90% of black women and 70% of white women will have fibroids, and black women are 2 to 3 times more likely to suffer from reoccurring fibroids and impactful complications. Understanding first-hand the power of healthy cannabis consumption, I knew we could do more to advocate for women and help them improve their quality of life through targeted pain relief.” – Jen Jackson, Founder & CEO
Through proof of concept, dedication to natural wellness, and unwavering commitment to normalizing the healthy consumption of cannabis; Jen Jackson’s purpose-driven vision has come to fruition with the launch of Be Jubie’s game-changing CBD + CBG Suppositories.
Be Jubie is a purpose-led CBD company dedicated to creating cannabis products that empower us to live more fulfilled lives.
Founded by Jen Jackson in 2019, Be Jubie seeks to improve the wellness of our communities, normalize healthy cannabis consumption through education, and support advocacy for cannabis criminal justice reform to free prisoners locked up for cannabis-related offenses.
Be Jubie is a black-owned family business inspired by reducing Jen’s mother’s (Mama Sue) prescription pill intake with an all-natural alternative. Offering a variety of products to help with various conditions, Be Jubie is dismantling the stigma surrounding cannabis, replacing them with hope for an improved quality of life through purpose-driven products.
In this edition of Cannabias, we examine a recent news story that made the rounds in the mainstream media, pertaining to cannabis gummies being consumed accidentally by children in states where it has been legalized.
The Arizona Republic article, “‘They look like candy’: Poison call for kids ingesting marijuana on the rise in Maricopa County,” (July 12, 2021) describes an increase in reported cases of children who accidentally consumed cannabis-infused products.
Presence of bias:
This article contains two bias types: context and omission bias. The article fails to put into perspective several issues or provide additional information that may cause less alarm.
Ideal, Baseline and Evidence: The ideal for any article focusing on post-legalization issues related to child ingestion of cannabis edibles would not include a click-bait headline, such as the Republic’s “They look like candy…”, because the headline implies that the products are created by the cannabis manufacturer with the purpose of appealing to children.
While infused gummies are candy, there is an expectation that parents should carry the burden of keeping their children safe — just as they would with colorfully-packaged and fruit-flavored alcoholic beverages kept in their fridge, like hard cider. Cannabis companies, by-and-large, don’t want children consuming their products, but they cannot control who has access to their products once they leave their business.
Further, the state of Arizona only just recently legalized cannabis. Once more people have access to a product, of course there are going to be more accidents involving that product. It’s also more likely that parents feel safer bringing their children to the ER following an accidental ingestion now that cannabis is no longer criminalized, which would also contribute to an increase in the total number of visits.
The third graph highlighted by the Republic also leaves out the number of calls from THC exposure from 2016-2020, so using data, such as “as recently as five in 2014” makes it seem like there is a sudden spike but does not offer any additional context. Hard news articles should not cherry-pick information.
While the reporter quotes Maureen Roland, a registered nurse at the Banner Poison and Drug Information Center, the story fails to include any other sources or voices in the piece speaking to the issue.
The article does point out, rightly, that no one has died, but then relies on the opinion and speculation of Roland. The article should include physicians from other states with a mature market who have witnessed the longer-term trends over several years. Also, it leaves out data from the rest of the state, which would certainly be helpful for a broader perspective.
How to remedy:
To avoid bias in their reporting, the author could have simply included elements discussed in the IBE discussion but also pointed out some other statistics for comparison’s sake: such as how many children are brought to the ER for accidental ingestion of pharmaceuticals, or alcohol and how many of those ER visits lead to death.
Including the fact that there have been no fatalities in the lede graph would also help balance the story. The headline could read, “Poison calls for kids ingesting marijuana on the rise in Maricopa County: No Deaths,” which would serve to inform the reader rather than baiting for clicks, which seems to be the goal of the current headline structure (this is also known as structural bias).
To be clear, this is an issue that should be covered, and parents in states where cannabis is legal should be informed about their responsibilities and the potential outcomes of storing products where they can be accessed by children. The expectation is not that coverage related to accidental cannabis consumption by children be ignored; however, in order to prevent fear mongering, journalistic reporting should include all relevant information, including experts, other stakeholders, and any available research on the topic. This story fails to meet those expectations due to its failure to provide context and the omission of other relevant facts and voices.
When Colorado voted to legalize adult-use cannabis, they became a guiding light for the states that came online next. This is the position that Oregon state is in after passing Ballot Measure 109, which aims to legalize psilocybin services by 2023. Currently, the state is in a two-year waiting period where an established Health Equity Subcommittee will inform the Oregon Health Authority (OHA) “on requirements, specifications, and guidelines for providing psilocybin services in Oregon” alongside four other subcommittees. Oregon-based Fruiting Bodies Collective uplifts marginalized voices in psychedelics and reserves space in the movement to facilitate safe experiences for marginalized people. Founders Elan Hagens and Rebecca Martinez also serve as advocates on the Health Equity Subcommittee while engaging in education and community outreach with Fruiting Bodies.
“We see ourselves as advocates helping make sure that we have a program worth inviting people to participate in. If it’s not a just program, it doesn’t matter how much representation we have later—it’s going to be an uphill climb, much like a lot of the cannabis industry has been in recent years,” said Co-Founder Rebecca Martinez.
One evening after Measure 109 passed, Elan and Rebecca imagined an ideal future with legal psilocybin medicine. After that pivotal conversation, they chose to found Fruiting Bodies. As they imagined what the future could look like, the pair realized that one crucial role of their vision was building a framework that included the communities who have preserved the psychedelic space for generations. There are a few ways that the collective has activated to achieve this goal, and education is one pillar of the work.
The Fruiting Bodies podcast features diverse guests conversing on the psychedelic and healing spaces. They utilize the platform to amplify creatives and community leaders while examining these communities. Additionally, interest in the podcast demonstrated a need for more affordable, digestible education on psilocybin and psychedelics, so Fruiting Bodies released The Complete Guide to Oregon’s Psilocybin Therapy Program and the Complete Guide to Microdosing e-books, available through their website. Fruiting Bodies is also raising money to build an affordable, social justice-informed Psilocybin Facilitator Training & Certification program.
But when it comes to educating people, there are challenges in reaching marginalized communities to educate them on healing possibilities of unregulated drugs like psilocybin. “There’s a lot of risk being a person of color and associating yourself with any type of drug whether it be psychedelics or anything. When you go outside of drugs, even accessing yoga classes and pilates classes in a non-gentrified, stereotypical type of way is hard. So how do you get involved with those types of things? We’re in Oregon where only 4% of the community is Black. So how do you do that educating right now when it’s not yet legal?” said Co-Founder Elan Hagens.
Building policy that breaks down the hurdles of the drug war can help educators like Elan and Rebecca access communities who don’t yet feel the freedom to learn about unregulated drugs after decades of being unjustly targeted by the judicial system. In response to this challenge, another pillar of Fruiting Bodies is retaining space within the Oregon psilocybin therapy regulatory framework for marginalized communities. Ballot Measure 109, passed in 2020, will create a licensing framework for psilocybin services including manufacture, transport, delivery, sale, and use of psilocybin mushrooms at licensed sites in Oregon. The measure directs the OHA to build this system after a two-year development period ending December 2022. As advocates on the subcommittee which is dictating the framework, Elan and Rebecca want to “ensure there is space for grassroots groups like Fruiting Bodies who are devoted to the deep relationship that is medicine with psilocybin mushrooms,” and adorn that space as inviting and safe.
Creating a policy-driven structure around something “so juicy and fluid and alive and ever-changing” is complicated. So complicated that it’s easy for activism-driven advocacy to get lost in the dry space of governmental procedure. We asked both Fruiting Bodies founders how they stay focused on their goals while moving through the rigor of a subcommittee.
Elan credits her ability to set boundaries. She only accepts opportunities and positions where she knows she can do the most good. When she’s feeling creative, honoring that time and giving herself the space to put down distractions and focus solely on that work can replenish her spirit. These tactics help keep her spirit sustained to continue advocating with idealism in the subcommittee.
Rebecca focuses on the immovable goals of their advocacy while understanding that they will have to make concessions. Fruiting Bodies’ foundational goal will always be representation: “What motivates us is making sure there is representation in every corner of this emerging field. So, from the decision-makers to the stakeholders who want to produce, to the people who want to facilitate or have small businesses or be educators. A lot of the phase we’re in right now, because we have a year and a half until the Measure 109 program launches, is laying the groundwork. We’re tilling the soil so that it will be healthy and ready for the things that will want to grow there.”
Fruiting Bodies Collective is an example for psychedelic medicine advocates, just as Oregon is now the example for the legalization of psilocybin. As more cities, counties, and states contemplate legalizing, decriminalizing, or regulating ancient medicines, we must respect those who’ve been working with earth-based entheogens for generations.
As Elan put it, “No matter what we know, this work came from the underground movement, from indigenous people. The people who are the move-makers, the doctors, they don’t give any respect or want to hear from the underground even though that’s where they got their information.”
Through advocacy and education, Elan and Rebecca are working to inform inclusive regulations which respect those who came before. Fruiting Bodies will bring the underground and the “above board” together, building a fruitful future for psilocybin medicine. Learn more about Fruiting Bodies at fruitingbodiescollective.com.
Cannabis use among college students reached its highest levels in 35 years in 2020 with 44% of college students saying they consumed cannabis over the past year, according to Monitoring the Future data. The National Institute on Drug Abuse-funded study conducted by researchers at the University of Michigan Institute for Social Research has been annually tracking substance use by college students since 1980.
The 2020 cannabis use rate among college students represents an increase from 35% the study found in 2015. For young adults not in college, annual cannabis use remained at 43%—the same all-time high level recorded by the study in 2018 and 2019.
Daily cannabis use among college students last year was recorded at 8%; compared to 13% of same-age individuals not in college. In 2015, daily cannabis use among college students was 5%, according to the study data.
Psychedelic use also increased among college students from 5% in 2019 to 9% last year, according to the researchers. Annual psychedelic use among non-college respondents did not significantly increase in 2020, remaining consistent at around 10% compared to 8% in 2020.
College students did report lower alcohol-use rates in 2020 when 56% of students reported alcohol use within the past 30 days, compared to 62% in 2019, and 28% reported being drunk in the past 30 days—compared to 35% in 2019. Additionally, 24% of college students reported binge drinking—defined as consuming five or more alcoholic drinks in a row in the past two weeks—in 2020, compared to 32% in 2019.
Among non-college respondents, alcohol use across all measures was stable over the past five years, with no drop in 2020 when 49% of non-college respondents reported alcohol use in the past 30-days, while 22% reported being drunk in the past 30 days, and 24% reported binge drinking.
John Schulenberg, Ph.D., professor of psychology at the University of Michigan and principal investigator of the Monitoring the Future panel study noted that it was the “first year where binge drinking was similar between the two groups.”
The researchers also found that tobacco use among college-aged individuals has fallen to at all-time low rates over the past five years with 4% of college students reporting having smoked in the past month along with 13% of non-college respondents.
Cannabis flower is now available to Virginia patients who can purchase up to four ounces per month, WRIC reports. The new rules took effect September 1. Prior to the reforms, Virginia patients could only access products manufactured from the oils of the plant.
Raymond Hernandez, Columbia Care Virginia pharmacist in charge and market director, called the day a “major milestone” for Virginia medical cannabis patients.
“A lot of the products we do make by extracting the oil of the plant, are highly effective but you do lose some of those minor cannabinoids and terpenes … This is a big day for all of us in the Commonwealth but most importantly for the medical patients who have been asking for this and seeking this form of medication.”—Hernandez to WRIC
The Virginia Board of Pharmacy reviewed the first whole flower cannabis batch at Colombia Care and gLeaf Medical with the companies receiving full approval within the last 48 hours.
Earlier this year, Virginia lawmakers approved broad cannabis legalization reforms—making it the first state in the South to approve adult-use cannabis laws. While the legalization law took effect on July 1, adult-use cannabis sales are not expected until sometime in 2023. Currently, cannabis home grows are defelonized but not necessarily legal as that part of the legalization bill will take effect in 2023. Currently, cannabis possession of up to one ounce of flower is allowed for adults 21-and-older and cannabis sharing and consumption is legal in private spaces.
The reforms have led to a 90% reduction in cannabis-related arrests in the Richmond area and surrounding counties.
Montana’s Department of Revenue (DOR) has revised the state’s regulations for cannabis advertising, according to the Montana Free Press. The restrictions previously proposed over the summer, which caught many in the Montana cannabis industry by surprise, included strict sign size limits and required placards to include a warning about the plant’s habit-forming potential and other concerns. Another proposal had sought to ban dispensary advertising altogether, according to the report.
The Montana Cannabis Guild’s President and CEO Pepper Petersen said in August that the now-scrapped rules were a “radically conservative interpretation of the law.” He said the Guild had been prepared to sue the DOR to block the restrictions.
Under the new rules, dispensaries can advertise and market their brand but can only specifically advertise cannabis products in online ads. The warnings on the signs are no longer required. However, dispensaries will have to comply with local sign ordinances. Finally, cannabis-related websites must have a “Are you 21 and older?” question to enter and social media accounts must be private and display a note that only those 21 and older may follow the account.
“These are a lot more reasonable. They have addressed a lot of our concerns.” — Petersen, via the Montana Free Press
The public has until September 20 at 5:00 pm to comment on the new guidelines.
Montana is still “on track” to open its adult-use cannabis system by the January 1, 2022 launch date, according to the report.
Cannabis arrests have fallen more than 90% in the Richmond, Virginia area since the state’s cannabis law took effect on July 1, the Richmond Times-Dispatch reports. Since the law took effect, there were just 25 arrests in Richmond and the counties of Chesterfield, Hanover, and Henrico; over the same seven-week period last year, there were 257 cannabis-related arrests.
Jenn Michelle Pedini, development director for the National Organization for the Reform of Marijuana Laws (NORML) and the executive director of the state chapter, told the Times-Dispatch that the reduction in arrests “indicates that the public policy is performing as intended and in a manner that is consistent with post-legalization observations from other states.”
The majority of the arrests—10—were simple possession charges by individuals under 21-years-old for whom it is still illegal to possess any amount of cannabis under the Legislature-approved law. The charges for underage possession are a civil violation.
Chesterfield Police Chief Jeffrey Katz told the Times-Dispatch that his department has “not shied away from enforcing any laws that are on the books.”
“We believe that arrests or prosecutions is advantageous for public safety. So that’s kind of the philosophy that we operate under. I mean we’re not out actively looking for [cannabis] arrests. But if we see violations of the law, and we feel it appropriate, we make the charge.”—Katz to the Times-Dispatch
Katz described lawmakers’ process in legalizing cannabis in the state as “poor public policy.”
“There’s no public marketplace for anyone to go purchase what they made legal, and that means that in order for someone to possess marijuana, they either have to grow it themselves or purchase it from a street-level drug dealer,” he said in the report, “and that’s what we’re seeing.”
Hanover Sheriff David Hines said in a statement that “if a violation is observed, the appropriate charges are placed”; however, Hanover had not recorded a single cannabis arrest from July 1 to August 20.
Cannabis sales are expected to commence in Virginia in 2024.
The New York State Fair (NYSF) is reconsidering its policy of generally allowing the smoking of cannabis on Fairgrounds during the annual event, according to The Citizen.
Responding to complaints, Gov. Kathy Hochul (D) has called for a review of the cannabis smoking policy implemented by the Fair this year after New York passed its adult-use cannabis bill, which allows cannabis to be smoked anywhere that tobacco smoking is allowed. This year, the NYSF banned smoking in buildings, at picnic areas, on the midway, and in kiddieland. The ban also applied to Chevy Court, the 9/11 and veterans memorials, and the state park at the Fair. But smoking (of cannabis and tobacco) was otherwise permitted “in other general areas that are not prohibited by New York State Law,” according to the report.
“That was an issue this year,” State Fair Director Troy Waffner told The Citizen, referring to the lax cannabis smoking policy.
Moving forward, the Fair’s organizers are considering a few options including designed smoking areas, drafting an outright smoking ban, or doing nothing at all — but Waffner said the third option is not “realistic.”
“I do agree with everybody who said we have to do something to try to control the smoking of marijuana around kids and families because this is a family event.” — Waffner, via The Citizen
The timeline for the Governor’s review is unknown. The 2022 New York State Fair will be held next year from August 24 to Labor Day September 5, returning to its 13-day schedule after an 18-day run this year.
Republican Congresswoman Virginia Foxx (NC) has made six investments in Altria Group Inc., one of the world’s largest tobacco companies—which is positioning itself in the cannabis space—despite spending much of her career advocating against cannabis legalization, Salon reports. Foxx has made at least six investments into the firm since September of last year, according to financial disclosure reports outlined by Salon.
In 2018, Altria—the parent company for Marlboro cigarettes—invested $1.8 billion into Canadian licensed producer Cronos Group, giving the firm a 45% stake in the company that is expected to grow to 55% over the next five years. In February, the company retained Williams Mullen’s Elizabeth Rafferty to lobby on issues related to the responsible and equitable regulation of cannabis sales in Virginia.
The investments into Altria likely make Foxx the largest holder of cannabis-related stocks in Congress, the report says, but it is impossible to know for sure as members of Congress are not required to disclose the exact amounts of their investments.
In December 2020, Foxx voted against the Marijuana Opportunity Reinvestment & Expungement Act (MORE), which would decriminalize cannabis at the federal level. The measure was approved by the House of Representatives in a mostly partisan 228-164 vote. Two months after the vote, it was reported that Kentucky Rep. John Yarmuth (D) bought between $1,000 and $15,000 worth of stocks in three major cannabis companies—Canopy Growth Corporation, Aurora Cannabis, and Tilray—before announcing his co-sponsorship of the reform package.
Richard Painter, a former White House ethics attorney under President George W. Bush and University of Minnesota law professor, told Salon that the investments are “so obviously a conflict of interest” which “brings into question [Foxx’s] credibility as a lawmaker.”
Foxx’s office declined to comment to Salon but tweeted in December 2020 that “Democrats can’t get their minds off pot bills, and they think it’s more important than: Supporting small businesses, Safely reopening schools, Protecting the livelihoods of Americans.”
“No wonder their majority is shrinking,” she wrote. “They’re so far removed from reality.”
Federal prosecutors are seeking an 11-year sentence for the former mayor of Fall River, Massachusetts after he was found guilty in May of extorting cannabis businesses, the Associated Press reports. Jasiel Correia, 29, was arrested in 2019 on charges of extortion and fraud and was ultimately found guilty on all of the 21 charges levied against him.
In court documents filed last week, prosecutors also asked a judge to order the former mayor to pay nearly $300,000 in restitution to investors and more than $20,000 to the IRS, and forfeit more than $560,000, the report says.
Correia has appealed the conviction and, following the May verdict, was confident he would win the challenge.
“There were no facts that were brought forward, there was no overwhelming evidence. Unfortunately, there was a couple things that didn’t go our way that were technical today and that’s where we’ll be on grounds for appeal and we’ll win that appeal and I will be vindicated, and my future will be very long and great.”—Correia, following his conviction on May 16, 2020, via the New York Times
In the sentencing documents, prosecutors argued that Correia is “remorseless and without empathy for his victims.”
“The betrayal of people who considered him like family, the pervasive lying, cheating, stealing, and blame-shifting, and the egregious breaches of the public trust must be met with a sentence that thoroughly repudiates the defendant’s abhorrent conduct and deters both this defendant and others like him from doing it again,” prosecutors wrote in the documents.
Correia solicited bribes ranging from $75,000 to $250,000 in cash, campaign contributions, and other payments from cannabis industry operators. He also bilked investors in his app, SnoOwl, out of at least $360,000. He was first elected in 2015 at just 23-years-old. In 2019 he was both removed from his Massachusetts office and voted back in during a special election in March. He would ultimately lose his re-election bid in November 2019 to Paul Coogan.
