Florida Supreme Court to Issue Cannabis Ballot Ruling Today

4/01/2024

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The Florida Supreme Court will announce this afternoon its ruling on whether or not the state’s adult-use cannabis legalization amendment will be allowed to appear on November ballots, ClickOrlando reports.

The court has until April 1 to decide on the issue after Attorney General Ashley Moody challenged the amendment’s ballot language last year. The court issued a statement last week stating it will release its “out-of-calendar” opinions at 4:00 pm on Monday, according to the report.

The following ballot summary language has been under review for months by the Florida Supreme Court:

“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.”

The court did not indicate how it may rule but Gov. Ron DeSantis (R) said in January that he believes the court will allow the cannabis legalization issue to be decided by voters.

In addition to the cannabis issue, the court will also be deciding on an amendment seeking to enshrine the right to have abortions.

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Cannabis Is Officially Legal In Germany – What You Need To Know

3/31/2024

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Editor’s note: this article was originally published by ICBC, and has been republished with permission.

It’s official – with the clock striking midnight in Germany, and the date changing from March 31st to April 1st, the nation’s new adult-use cannabis legalization policy has become the law of the land. Adults (18 years old and older) in Germany may now partake in the newly established freedoms created by the implementation of the first pillar of the CanG law.

“It was time to initiate a paradigm shift in drug policy, ending the failed prohibition policy of the last hundred years.” stated Kai-Friedrich Niermann, leading attorney at KFN+ Law Office, about the historic change in Germany’s cannabis policies.

Germany is not the first country to have passed a national adult-use cannabis legalization measure, however, legalization in Germany is the most significant national policy change of its type since the start of global cannabis prohibition many decades ago. Below are the most noteworthy provisions of Germany’s new cannabis law that consumers and patients should know about.

Narcotics De-listing

Cannabis is being removed from Germany’s Narcotics List now that the new law is implemented, and the significance of that policy change cannot be overstated. One thing that may not be on everyone’s radar, but should be, is that the de-listing of cannabis in Germany will improve safe access for medical cannabis patients by removing some hurdles in the medical cannabis supply chain and streamlining processes for pharmacies. Cannabis research will be easier to pursue, and hopefully academic institutions will begin to receive national and/or EU-provided funds for specific research projects.

Historically, the cultivation of medical cannabis in Germany was regulated by a licensing procedure, with the nation’s Federal Office for Drugs and Medical Devices making the final determination on the quantity and price of domestically produced medical cannabis. Imports were not subject to the same process, and that provided a huge advantage to companies based outside of Germany. Germany’s new adult-use cannabis law should provide a tremendous boost to the domestic medical industry.

Personal Cultivation

The main initial way for adults to legally source cannabis in Germany once the new law takes effect is to cultivate it in their homes. Adults will be able to cultivate up to three plants in private for personal use according to the proposed measure. Personal cannabis cultivation is popular in other jurisdictions where it is permitted, including in jurisdictions where consumers have other options from which to legally source their cannabis like storefronts.

It’s virtually guaranteed that many adult consumers in Germany will choose to cultivate their cannabis, and that will, in turn, create massive opportunities overnight for companies that specialize in cultivation-related products and services such as seeds, grow lights, plant nutrients, harvesting equipment, odor control, and drying equipment. Cannabis seeds and clones are legal in Germany now, including for adults who are not citizens of Germany.

Personal Possession

In addition to being able to cultivate cannabis, adults in Germany are now permitted to possess a personal amount of cannabis (up to 25 grams). In addition to the expressed legal possession limit, penalties for possessing slightly more than the legal threshold will be considered an ‘administrative violation’ in Germany rather than a criminal offense yielding jail time.

According to a 2021 report from Heinrich Heine University Dusseldorf, Germany will save an estimated 1.05 billion euros annually by no longer enforcing cannabis prohibition, in addition to judicial savings of 313 million euros per year.

Cannabis Clubs

Another component of Germany’s new law involves permitting the launch and operation of noncommercial cannabis clubs. Clubs are currently expected to start on July 1, 2024. Membership-based noncommercial clubs, from which adult consumers can legally source their cannabis, will be subjected to various regulations. Seeds and clones are expected to be largely sourced from noncommercial clubs once they launch.

One of the sticking points leading up to the recently reported final coalition agreement was the implementation of noncommercial clubs, and part of the coalition’s compromise was to stagger the implementation date. After the launch, non-commercial clubs will likely be common throughout most of Germany.

Future Policy Modernizations

The previously listed items are part of the ‘first phase’ of Germany’s legalization plan, often referred to as ‘the first pillar.’ The second phase/pillar involves the launch of regional adult-use cannabis commerce pilot programs, like what is already in place in the Netherlands and Switzerland, but on a significantly larger scale. Advocates will need to work extra hard in the coming months to ensure that Germany’s legalization launch is a success.

“The most interesting questions are now how the law will be applied in practice and whether, shortly after entering into force, it will be amended to keep up with the minister’s promises. The development of the coming weeks will be of great interest to the cultivation associations, which may have to adjust their intended organizational setup.” stated Peter Homberg of leading international law firm Dentons (see Peter’s full interview in the embedded podcast video below).

“There is still a long way to go before complete destigmatization and fair legalization are achieved. Neither the consumers, nor the activists, nor the industry must let up on this path, but must continue to do everything in their power every day to ensure that this path can be taken successfully.” stated Kai Friedrich Niermann of KFN+ Law Office.

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Virginia Gov. Vetoes Bill to Legalize Cannabis Sales

3/29/2024

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Editor’s note: this article originally appeared in The Outlaw Report, and has been republished with permission.

Gov. Youngkin vetoed a democratically passed cannabis adult-use market bill maintaining his blockage to set up the Virginia legal market. Democrats legalized adult-use cannabis in 2021, but a shift to a republican controlled government stopped any implementation.

Democrats sent a bill to Gov. Youngkin’s desk a few weeks ago that would launch the market. He let it sit on his desk, but said people who thought he would sign it “must be smoking something.”

He vetoed the Bill yesterday citing the endangerment of Virginians’ health and safety. “States following this path have seen adverse effects on children’s and adolescent’s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue,” he wrote in his veto statement.

However, research does not back up his claims. Much of the increase in illicit markets in California and New York is due to poor implementation. Legalizing cannabis doesn’t lead to a surge in teen use, and one study said there is no increase at all.

Chelsea Higgs Wise, the leader of Virginia’s pro-legalization Marijuana Justice group wrote on X: “Gov Younkin’s commitment to perpetuating the harms of the drug is deeply embarrassing. With the stroke of a pen he has reinforced yet another barrier for Virginians. This doesn’t just impact individuals, it reverberates through families, education & housing.”

As the Governor continues to stall on implementation, the illicit market continues to grow in Virginia. Adult sharing cannabis clubs continue to pop up mimicking D.C.’s gray cannabis market, and over 90% of patients purchase cannabis from sources other than the Virginia medical market due to high prices in the medical market. The largest proportion of product is obtained from the unregulated market, according to the state’s own study.

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Kansas Lawmakers Reject Medical Cannabis Reforms for Another Year

3/29/2024

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Kansas lawmakers have opted to table the state’s medical cannabis legalization proposal and the bill is unlikely to be considered again until January 2025, the Kansas Capital Bureau reports.

Lawmakers heard testimony about Senate Bill 555 on Thursday before tabling the bill. Kansas lawmakers have now rejected medical cannabis legalization three years in a row after last year’s proposal was similarly tabled in the Senate Committee on Federal and State Affairs — that event had followed yet another proposal from 2022.

This year’s bill, which was crafted by Wichita-based hemp producer Kansas Natural Remedies (KNR), was rejected despite being designed to create one of the country’s most restrictive medical cannabis programs.

“I’m sure this is going to be something that’s going to be attempted every session from here on out… and we just have to remain vigilant and say… wait a minute… let’s look at the facts,” the committee chair Sen. Mike Thompson (R) said in the report. “It will increase the amount of violence and drug cartels….”

Law enforcement representatives also voiced concerns about the effects of loosening the state’s cannabis laws.

KNR Chief Operating Officer Sam Jones said they were “angry” about the decision, arguing that opponents had alluded to non-existent provisions to allow psychedelics when determining to table the proposal for another year.

“The argument against medical cannabis is one of fear and ignorance. This bill was crafted to be as restrictive as possible, but that still wasn’t enough to get it over the line for some of the people buying into the fear.” — Jones, via the Kansas Capitol Bureau

If passed, the =proposal would have established medical cannabis access for patients with one of 16 debilitating medical conditions. Patients would have required a doctor’s recommendation to access the program and the industry would have only supported four cannabis operators, which drew criticism from some advocates. Lastly, the program would have sunset itself after five years unless lawmakers acted to extend it.

A poll last year found that nearly 70% of Kansas voters support fully legalizing cannabis.

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D.C’s First Transitioning I-71 Cannabis Gifting Stores Cleared to Open as Legal Medical Dispensaries

3/29/2024

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Editor’s note: this article originally appeared in The Outlaw Report, and has been republished with permission.

The first medical dispensaries transitioning from unlicensed operators to the legal market were given licenses to open on Mar. 27, 2024.

The three stores (Green Theory, Wishing Wellness, Don Fuego) are the first to complete the transition process from I-71 gifting stores to legal medical dispensaries. One current medical license also received a license to open a new retail store in Chinatown.

D.C.’s efforts to establish an adult-use market have been stymied for almost a decade by the Harris Rider in the federal spending bill which prevents the District from using tax dollars to set up a legal market.

I-71 gifting stores proliferated across D.C. since the I-71 amendment went into effect in 2015. I-71 allowed the gifting of small amounts of cannabis between people without exchange of money. However, businesses used it as a loophole to sell weed by charging high prices for inexpensive items and gifting THC-products alongside.

Stores exploded around D.C. into the hundreds, sometimes dotting street corners right next to each other. The Medical Cannabis Amendment Act of 2022 established a process to fold these gray market stores into a legal market expansion. The stores had 90 days to apply for a legal license, but just over 70 stores submitted applications to ABCA this winter.

Though early gifting businesses faced regular raids and enforcement by police and federal authorities, little prosecution occurred in the last few years. A safe harbor law even protected shops from enforcement for a year until the end of January 2024.

Of the 75 businesses that applied, 30% have received placards – the first step to getting a legal license. After a placard, businesses must face protests from their local neighborhood association and enter into settlement agreements.

Individuals are not allowed to protest these businesses, only local ANCs. The ANC can only protest a business based on concerns about peace and quiet, parking needs and pedestrian safety or property values. This has caused controversy for Green Theory as parents are now up in arms about its proximity to schools.

28% of unlicensed applicants are still being processed by ABCA and over 25% have been denied. There are seven applicants that have settled with their ANC’s and are likely to receive official licenses in the next few weeks.

A total of 35 legal medical dispensaries could be coming online in the next three months despite not a single new cultivation center opening, raising concerns about supply in an already downward sloping medical market. Five currently open medical dispensaries sold under 400 lbs of cannabis flower in February.

Issues with zoning, real estate and funding have blocked many conditional cultivation and manufacturers from moving forward with their applications in the District.

A self-certify medical patient system in D.C. hopes to transition many of the current I-71 clientele to registered medical patients, but doubts swirl if people will legally register to shop at the new stores, especially with a legal adult-use market next door in Maryland.

Two additional retail licensing application periods, including a current social equity period, will offer an opportunity for additional businesses to receive conditional or standard licenses to open medical dispensaries and delivery services this year.

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Pew Research: 88% of Americans Support Some Form of Cannabis Legalization

3/27/2024

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Nearly 90% of Americans believe cannabis should be legal for either medical or adult use, according to a Pew Research Center poll released on Tuesday. The poll found 57% support for both medical and adult use and 32% support for only medical use (88% net legal), with just 11% opposed to legalization of any kind.

The poll found 52% of respondents said adult-use legalization is “good” for local economies, with 29% saying it had “no impact” and 17% saying it is “bad.” Forty-two percent said it makes the criminal justice system “more fair,” with 38% believing it would have “no impact,” and 18% saying it would make it “less fair.”  

The majority of respondents (42%) polled rejected the gateway theory – that cannabis legalization leads to the use of hard drugs such as heroin and fentanyl – with 29% saying it would increase the use of hard drugs and 27% saying it would have the opposite effect. Another majority (44%) said cannabis legalization would have “no impact” on the overall safety of communities while 21% said the reforms would make communities “more safe,” and 34% said it would make them “less safe.”  

Democrats and Republicans were split between what they believed would be the potential ramifications of the reforms: Majorities of Democrats and Democratic-leaning independents said adult-use legalization would be good for local economies (64%) and would make the criminal justice system fairer (58%); while fewer Republicans and Republican-leaning independents said the reforms would have a positive effect on local economies (41%) and the criminal justice system (27%). 

Republicans were also more likely than Democrats to see downsides from broad cannabis legalization with 42% of Republicans believing it would increase the use of other drugs, compared with just 17% of Democrats; and 48% of Republicans saying it would make communities less safe, more than twice the number of Democrats (21%). 

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Arizona Cannabis Sales Total $1.43B in 2023

3/27/2024

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Combined adult-use and medical cannabis sales in Arizona totaled $1.43 billion last year, AZ Mirror reports. Adult-use sales reached $1.1 billion while medical cannabis sales totaled $348 million.  

It’s the third consecutive year legal cannabis sales in Arizona hit $1.4 billion. 

Adult-use sales accounted for 76% of the state market in 2023, up from 70% the year prior and 45% in 2021, the first year of adult-use sales in the state, the report says. Medical cannabis sales totals are at record lows, comprising less than a third of the state’s cannabis sales total. 

The state collected $172.8 million in adult-use excise taxes in 2023, which is split between public safety (31%), the Highway User Revenue Fund (25%), and the Justice Reinvestment Fund (10%). 

The state Department of Health Services reports a steep decline in registered medical cannabis patients in the state since the passage of the adult-use law. In February there were 111,168 qualifying medical cannabis patients, down from 113,694 in January, and 115,914 in December. February’s total marks a near 63% decrease from the 299,054 registered patients enrolled in the state medical cannabis program at its height. Medical cannabis patients pay a 6% tax on sales while adult-use cannabis products carry a 16% excise tax in addition to the state’s 5.6% sales tax.

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New Hampshire Lawmakers Working to Meet Governor’s Demands in Latest Cannabis Legalization Bid

3/27/2024

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Lawmakers in New Hampshire are again seeking to legalize adult-use cannabis this session, WMUR reports. This time, lawmakers are attempting to meet all of the terms set by Republican Gov. Chris Sununu – including state-run dispensaries – to avoid his veto. 

Last year, Sununu laid out his vision for a legal market in New Hampshire, which included a 15-store cap and a ban on lobbying and political contributions by cannabis licensees. After years of strong opposition to the reforms, Sununu admitted in an interview in May 2023 on WMUR’s CloseUp that adult-use legalization in the state “is probably inevitable in some way or form” but wants the state’s program to focus “on harm reduction as opposed to profits.” During the interview, Sununu said he would support reforms that included a state-run sales model, similar to the state’s liquor stores, which he said would prevent what he calls “Marijuana Miles” – or strings of “pot shop, after pot shop, after pot shop – that he’s seen in other states.    

In an interview with WMUR, Daryl Eames, of the New Hampshire Cannabis Association, pushed back on the state-run model, saying it could invite federal intervention by putting the state “directly under the purview of the Federal Trade Commission (FTC) and the federal franchise regulations.” 

“…Which means, in theory, that if a franchisee decided that they were being treated unfairly, they could lodge a complaint with the FTC. And if the FTC finds it has merit, they could launch a federal investigation into the state of New Hampshire.” — Eames to WMUR 

Last year, the New Hampshire House passed for the third time broad, adult-use reforms but the Senate rejected that proposal, as it had both previous times. Following the failure in the Senate, lawmakers sought legislation that met Sununu’s model. The House Commerce Committee, however, couldn’t agree on how to proceed with a plan to implement the state-control system — with a major factor being how the state would treat the medical cannabis operators — and ultimately gave up on the effort.   

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Minnesota Proposal Would Double Cannabis Patient Home Grow Limits

3/27/2024

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Medical cannabis patients in Minnesota would be allowed to grow up to 16 cannabis plants under a new proposal in the state House of Representatives, CBS News reports.

Under current Minnesota law, any adult aged 21 or older can grow up to eight cannabis plants (with a maximum of four flower plants at once). The proposal seeks to double that limit for people registered with the state medical cannabis program, and would also allow patients to designate caregivers to grow for them.

“As it stands, people with disabilities and conditions that qualify them to be on the medical program can only grow their own if they know how to, if they can afford to, if their condition or living situation allows them to or if they know someone who will gift them homegrown products.” — Rep. Jessica Hanson (D), via CBS News

Minnesota’s medical cannabis program launched in 2014 and covers 19 qualifying conditions including cancer, chronic pain, and post-traumatic stress syndrome.  Additionally, the state’s adult-use cannabis legalization policy took effect last year, although the adult-use cannabis market’s launch in Minnesota is not expected until next year at the soonest.

In the meantime, cannabis regulators recently announced new restrictions on hemp-derived cannabinoid products after an investigation found that many products available at hemp retailers tested above the legal delta-9 THC limit.

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San Francisco’s ‘Hippie Hill’ Organizers Say This Year’s 4/20 Event Is Canceled

3/27/2024

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The organizers of San Francisco’s annual 4/20 cannabis festival in Golden Gate Park announced Tuesday that this year’s event has been canceled. Event organizers cited low sponsorship from the struggling cannabis industry and staffing concerns due to recent budget cuts for the city’s Recreation & Parks Department.

For decades, cannabis supporters and enthusiasts have flooded Golden Gate Park’s Hippie Hill on April 20 — the event has historically drawn tourists from all over the state and beyond. In recent years, city officials have facilitated live music and allowed cannabis licensees to put up booths to serve the crowds.

“Unfortunately, the 420 Hippie Hill event in Golden Gate Park will not be happening as planned this year—due to city wide budget cutbacks, the climate of the cannabis industry & economy we have been unable to secure enough financial sponsorship to get everything required for a safe, clean, city & state compliant event. We encourage everyone to go support their local equity brands, dispensaries, and lounges on 4/20 as we all celebrate plant medicine. We will be back next year!” — Statement via 420HippieHill.com

The San Francisco Recreation & Parks Department confirmed the event’s cancellation in a press release, announcing the park would instead host volleyball and kickball tournaments in the area on April 20.

“We understand the disappointment and hope to make it up with a great event next year,” event organizer Alex Aquino said in the release. “We encourage everyone to go support their local equity brands, dispensaries, and lounges on 420 as we all celebrate plant medicine. Additionally, we are inviting everyone to join us next month at Carnaval May 25-26 as one of SFs longest running free community cultural events.”

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Long-Awaited Maryland Lottery Awards First Social Equity Cannabis Licenses

3/27/2024

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Editor’s note: this article originally appeared in The Outlaw Report, and has been republished with permission.

After a 73-day delay, Maryland held its first cannabis lottery for adult-use licenses on March 14, 2024. The lottery awarded 174 lucky applicants dispensary, grower or processor licenses.

This was the first opportunity for new businesses to enter the market since adult-use cannabis was legalized last summer. Until now, only existing medical dispensaries that expanded to adult-use sales have benefited from the explosion in profit. According to reports, adult-use sales generated an additional $447 million in the first nine months.

Both Calvert and Talbot County were not included in the lottery due to pending litigation. 

Over 1,500 applications qualified for the social equity lottery, which was part of a larger pool of about 3,000 applications submitted last fall. Multiple lawsuits challenging the social equity requirements ultimately failed to delay the lottery.

Mainor Ramirez and his wife, Shalain, were among the lucky winners. They entered the lottery for a micro dispensary license in the Southern district where their chance of winning was less than 3%. Their business, ShayshayTreats and Delivery Service, was one of only two winners chosen from 71 applicants.

The Ramirez’s, who identify as Black and Latino, qualified for social equity in the fall. Being on the starting line of a race for two and half months while they waited for the delayed lottery was not easy. Mr. Ramirez said the couple had to put everything in their lives on hold, but now that they’ve won:

“It feels unreal. [I am] overwhelmed with joy and happiness, and excited but nervous for what’s to come,” Ramirez said. Stepping into the legal market is intimidating, but the couple have waited a long time for an opportunity like this.

According to a Maryland Cannabis Administration press release, over 80% of the 1,515 qualified applicants identified as minority- or women-owned businesses.

Applicants who won licenses are now assigned an investigator who will verify the information of their application, financial information and criminal history. If for any reason a winner does not pass their verification stage, the license will be awarded to another applicant from the same March lottery pool.

Maryland’s social equity program aims to address the disproportionate impact of the war on drugs on communities of color. The first round of licenses went to individuals who could prove they belonged to communities that were over-policed and affected by mass incarceration.

“It’s nowhere near enough for what the war on drugs has done to our community and others lives which still continues to go on,” Ramirez said. “But it is a good start, especially in my area [and] for me.”

The Ramirez’s and the other winners now have 18 months to open shop. Another lottery was anticipated in May, but MCA wrote in an email last Friday, “There is no date for the next lottery.”

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DynaVap Launches The Latest In Its Flagship M Series of Dry Herb Vaporizers

3/26/2024

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DEFOREST, WI | March 26 2024 – For the past seven years, the DynaVap M has been one of the most trusted dry herb vaporizers available worldwide. Known for its quality stainless steel construction, ability to deliver big, flavorful hits despite its compact size, and its competitive price, the M has long been a favorite of thermal extraction enthusiasts and the M 7 only improves on that legacy with improved performance and an even more affordable price point.

The new M 7 features several updates including a new finless tip design for more even extraction, up to 20% less heat transfer from tip to stem, a streamlined design and unique texture for enhanced grip, and optional XL mouthpiece and condenser with multiple airflow settings – the first of its kind in the M series.

“The M was DynaVap’s first fully stainless steel Thermal Extraction Device and it empowered dry herb vaporization enthusiasts from around the world to experience the power of a desktop vaporizer in a product that fits in their pocket,” said DynaVap founder George Breiwa. The M is our flagship product and we’re excited to introduce a next generation M 7 device with several performance improvements at a price that can encourage even more people to make the move from combustion to dry herb vaporization.

Like all DynaVap products, the M is a battery free vaporizer that uses a torch or an induction heater to bake, not burn your herb. DynaVap’s products are lightweight and discrete yet deliver a highly satisfying experience with a very small amount of herb, which allows users to taste the terpenes in their flower unlike any other consumption experience.

For more information on the new M 7, please contact justin.johnson@dynavap.com. All M 7 visual assets can be found here.

About DynaVap

Dynavap is making smoking history. Recognized as a pioneer in the cannabis vaporizer industry, for years DynaVap has set the standard for Thermal Extraction Devices, being an example to follow and demonstrating how design and your experience with cannabis can elegantly go hand in hand.

The company prides itself on offering a distinct consumption experience that takes the worry out of temperature settings and battery life. Instead of using batteries or electricity, DynaVap vaporizers use a manual heating method, where the user applies an external heat source, like a torch or induction heater, to a small heating chamber in the device. When your DynaVap Cap “clicks,” your cannabis is hot enough to vaporize without combusting. This allows for precise temperature control and a more personalized vaporizing experience.

Dynavap’s business philosophy is based on innovation, simplicity, and sustainability. The brand believes in the importance of creating durable, high-quality products that can be used for years to come and is constantly looking for ways to improve its products and offer innovative solutions to cannabis consumers looking for new ways to experience cannabis.

You can learn more about DynaVap and its products at dynavap.com.

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Review Finds Many Hemp and CBD Products Sold on Amazon Mislabeled

3/25/2024

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A report published last week by CBD Oracle found hemp products sold via Amazon were deceptively labeled, with 30% containing undeclared CBD, 36% containing no hemp at all – not even hempseed oil – three of the 56 products containing large doses of delta-8 THC, and about half making an unapproved medical claim.   

To conduct the study, CBD Oracle purchased 56 products from Amazon in December 2023 and January 2024. The products were chosen based on a search for “cbd gummies,” “hemp” and similar terms used by brands, such as “delta gummies.” In all, the review included 45 gummies, eight tinctures, two topical creams, and one pack of mints. The products were available despite Amazon’s official policy banning them. The products were sent to InfiniteCal Labs for testing. 

In a statement, Erik Paulson, PhD, lab manager at InfiniteCAL, said people buying hemp or CBD products from Amazon believing they will derive some benefit are “essentially rolling the dice.” 

“You could be getting CBD-infused products, THC-infused products, hempseed oil-infused products,” he said in a press release, “or it’s very likely you would be getting a product with no hemp in it at all.” 

Of the 17 products that contained CBD, the review found “quite a lot of variation” in the amount of CBD per package. One product contained just 28 milligrams per package while another contained 1,582 milligrams. Another 62.5% contained no cannabinoids at all, while 43% “contained no hemp of any kind,” the report says. Moreover, six products contained detectable levels of THC, and three contained very high concentrations of delta-8 THC with the three highest being measured as 641 milligrams, 2,507 milligrams, and 3,028 milligrams. 

“96% of products either didn’t give dosage information or gave dosage information that was inaccurate. On average, the products in the study contained just 25% of the promised dosage in terms of cannabinoids. While the ‘dose’ specified usually didn’t say what exactly it measured, customers would likely assume this referred to cannabinoids in the context of a hemp gummy.” — Amazon’s Hemp Market: An Independent Analysis 

The report notes that all five products that claimed they had been tested for safety were found to have a clean lab report during the CBD Oracle review. 

Of the more than half of products that made unapproved medical claims, those claims were linked to sleep, anxiety, and even the common cold, while some product pages included an image of a body part with red patches or other signifiers of what the Food and Drug Administration (FDA) calls “abnormal tissue” which is meant to imply the products provides relief for those areas. 

CBD Oracle estimates that Amazon’s hemp market generates about $64 million per year despite its official ban, but it could be worth as much as $125 million per year.

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German Lawmakers Pass Cannabis Legalization With Reforms Taking Effect April 1

3/25/2024

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German lawmakers on Friday gave final approval to the long-awaited cannabis legalization bill, the Associated Press reports. The legislation, which legalizes personal possession up to an ounce and allows individuals to cultivate three plants, is set to take effect next Monday, April 1.  

A second part of the bill allowing nonprofit “cannabis clubs” will take effect July 1. Provisions in the bill will permit German residents to buy cannabis from the clubs, with limits for residents under 21-years-old set at 30 grams per month. Residents 21-and-older can purchase up to 50 grams per month. Daily purchase limits for residents 18-and-older are set at 25 grams per day, the report says. The clubs, will be funded through membership fees, which are determined by how much cannabis members purchase. Clubs may have a maximum of 500 members.  

In a statement posted to X, Health Minister Karl Lauterbach wrote that “Hopefully this is the beginning of the end for the black market today.” 

“The fight was worth it. Please use the new option responsibly.” — Lauterbach on X via Politico 

Ahead of the vote, opposition leader Friedrich Merz said his party plans to reverse the legislation if it wins national elections expected in fall of 2025, according to the AP. The measure also includes provisions to expunge previous criminal cannabis-related charges.

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Adult-Use Cannabis Constitutional Amendment Proposed in Arkansas

3/25/2024

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A constitutional amendment to legalize cannabis for adult use has been filed in Arkansas, the Arkansas Democrat-Gazette reports. The proposed ballot language was submitted to the state attorney general’s office last week for review. The attorney general has until April 2 to issue a response. 

To get the question on November ballots, the petition will need 90,704 signatures submitted to the secretary of state by July 5. 

Under the amendment, residents would be allowed to purchase up to four ounces of smokeable or vaporizable cannabis a day, cultivate up to 12 plants, and purchase “any quantity” of cannabis seeds or cannabis food and beverage products. 

The measure would allow two classes of licenses: a Class A license, which “would permit the possession, cultivation, transport and sale of recreational marijuana plants and seeds” and a Class B license which “would permit the possession, cultivation, production, transport and sale of recreational marijuana plants, seeds, and permits the production and sale of produced from the plant,” according to the amendment’s ballot title outlined by the Democrat-Gazette. The licenses would require applicants to have resided in the state for at least three years and include a maximum $250 annual fee for a Class A license and a maximum $500 annual fee for a Class B license.  

The proposal includes an 8% excise tax and 5% local sales tax and bans on sales within 1,500 feet of schools, churches, and daycare facilities.  

Arkansas voters in 2022 rejected a similar proposal. 

In February, Arkansas Attorney General Tim Griffin (R) approved a ballot initiative seeking to improve medical cannabis access in the state. That initiative includes a trigger law that would legalize adult-use cannabis were cannabis to be decriminalized federally. 

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New York Waives Cannabis Cultivator License Fees for Two Years

3/25/2024

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The New York State Cannabis Control Board voted last week to award licenses to 114 new cannabis companies and waive all conditional cannabis cultivator licensing fees for the next two years. The waiver covers fees for dispensaries transitioning to non-conditional license types including cultivation businesses and microbusinesses, which can range from $4,500 to $40,000 depending on the license’s canopy size.

With the new licenses, there are now 88 licensed and operational dispensaries in New York, according to a press release from the office of Gov. Kathy Hochul (D).

“Farmers are the backbone of our State, and we’re making sure the family farms across New York that are building our cannabis industry have a real chance to succeed. I have made it clear that New York State needs to issue more dispensary licenses and kickstart cannabis sales in New York, and this two-year promise to Adult-Use Conditional Cultivators will make sure these farmers can reap the benefits of this growing industry.” — Hochul, in a statement

The governor has heavily critiqued the state’s adult-use cannabis roll-out and recently ordered an audit of the entire program, tasking a commissioner from the Office of General Services and other state officials to embed with cannabis industry regulators, identify ways to speed up the cannabis licensing process, and further optimize the Office of Cannabis Management (OCM).

Lawmakers in the state Senate recently allocated $128 million of the state budget to aid the state’s struggling cannabis growers with tax adjustments and financial support for farmers.

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California Could Reverse Cannabis Employment Protections for Law Enforcement

3/25/2024

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California lawmakers could roll back the state’s policy protecting legal, off-duty cannabis use for law enforcement-related positions following new amendments to legislation currently sitting before the Senate Rules Committee, Marijuana Moment reports.

Sponsored by state Sen. Shannon Grove (R), the newly amended SB 1264 seeks to remove protections for “employees in sworn or nonsworn positions within law enforcement agencies” who consume cannabis while off-duty.

Currently, state law prohibits most California employers from terminating, refusing to hire, or otherwise penalizing employees for off-duty cannabis consumption. The cannabis employment protections — which stem from an amendment to California’s Fair Employment and Housing Act that just took effect this year — already did not apply to workers “in the building and construction trades” nor applicants for federal positions that require clearance from the U.S. Department of Defense.

Specifically, the legislation carves away the cannabis protections for workers with the following law enforcement-related responsibilities, according to the report:

  • The apprehension, incarceration, or correction of criminal offenders.
  • Civil enforcement matters.
  • Dispatch and other public safety communications.
  • Evidence gathering and processing.
  • Law enforcement records.
  • Animal control.
  • Community services duties.
  • Public administrator or public guardian duties.
  • Coroner functions.

California voters opted to legalize cannabis for adult use in 2016 and the state’s adult-use industry launched in 2018; however, the state’s employment protection policies covering legal cannabis use were only signed into law in 2022 and 2023, the report said.

A recent survey by state officials found that 86% of Californians think that purchasing cannabis from legal sources is important, highlighting a growing preference for the regulated market over unregulated alternatives.

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Michigan Cannabis Processor Loses License Over Unregulated Products

3/22/2024

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Michigan regulators said this week that a Lansing-based cannabis processor is surrendering its medical and adult-use cannabis licenses after mixing illicit material into its products, the Lansing State Journal reports.

TAS Asset Holdings, also known as Noble Road Company, has been shut down since February 2023 after regulators suspended its license for using unregulated THCa powder to create its ‘Space Rocks’ product line under the Fwaygo Extracts brand. Officials confirmed in the report that the company’s license will never be renewed, reinstated, reissued, or reactivated — limited or otherwise.

“Based on its investigation of the conduct alleged in the complaint, the CRA determined at the time that the safety or health of patrons or employees was jeopardized by TAS’ continued operation and that emergency action was required.” — CRA statement, via the Lansing State Journal

During their investigation, CRA staff uncovered video evidence of employees bringing unregulated product from their vehicles into the business. Investigators found dirty and cluttered areas on the company’s premises including leaking containers of various stages of processed cannabis and waste. Additionally, officials noted the company was utilizing an unapproved, unlicensed warehouse without surveillance cameras, and none of the cannabis products in the room were registered with the industry’s track-and-trace program.

Michigan’s licensed dispensaries in 2023 crested $3 billion in sales and the Department of Treasury recently announced it is awarding over $87 million from cannabis tax revenues to local governments.

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Wisconsin-Based Tribal Group Prioritizes Medical Cannabis Legalization

3/22/2024

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The Indigenous Cannabis Industry Association (ICIA) and its member tribes have agreed to launch a lobbying and campaigning effort to pressure Wisconsin voters and lawmakers to legalize medical access to cannabis, the Milwaukee Journal Sentinel reports.

“Wisconsin is landlocked with a hypocrisy of prohibition,” ICIA founder Rob Pero said following the organization’s second annual Wisconsin Cannabis Industry and Policy Summit.

“The welfare of our communities are at stake while we wait for policy reform to provide clear access to cannabis for our communities in need, including Wisconsin’s veteran population, but also people of all ages who seek relief.” — Pero, via the Milwaukee Journal Sentinel

Wisconsin is one of the few remaining U.S. states where cannabis remains strictly prohibited, even for medical purposes. “There are people who need this medicine, regardless of political affiliation,” Pero said in the report.

The ICIA represents the Lac du Flambeau, St. Croix Ojibwe, and Sokaogon Mole Lake Ojibwe tribes in Wisconsin, and other tribes in Minnesota, Michigan, and South Dakota.

Wisconsin lawmakers this year considered a GOP proposal seeking to establish a heavily restricted medical cannabis program but the bill is likely dead for the year, the report said.

Meanwhile, a study published last year found that neighboring Illinois — where adult-use cannabis is legal and regulated — generated at least $36 million in cannabis tax revenue from Wisconsin residents in 2022.

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Study: Vape Pen Liquids from Legal and Illegal Markets Contain Nano-Sized Metals

3/21/2024

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Cannabis vape pen liquid in both legal and illegal markets contains nano-sized metals, including nickel, chromium, lead, zinc, and copper, according to a study conducted by researchers from Health Canada and the National Research Council of Canada.  

The study included 41 samples of cannabis vape liquids – 20 legal, regulated samples from the Ontario Cannabis Store and 21 samples from the illicit market provided by the Ontario Provincial Police. The liquids were analyzed by mass spectrometry to look for the presence of 12 metals. High levels of nickel and zinc were found in the illegal samples, while the legal samples contained the highest levels of copper content.  

In a statement, Dr. Zuzana Gajdosechova, a scientist involved in the study, said there are potential health risks associated with nano-sized metal particles, which can be highly reactive and harmful when inhaled. 

“The evidence strongly suggests that metal contamination can come from the device when it’s produced, and not from the heating of the coils. But depending on the quality of the device, the contamination may be increased by that heating.” — Gajdosechova, in a statement, via the American Chemical Society 

While some metals, such as arsenic, mercury, and cadmium, were within the generally accepted tolerance limits for cannabis products, others were detected in very high concentrations, including lead. Some of the vapes from illegal sources sampled contained 100 times more lead than the regulated samples, far exceeding the generally accepted tolerance limit, according to the study. 

The researchers suggest that further research on vape devices is needed “to better understand the composition of the metal parts of the devices as well as other factors that promote leaching of metals into the liquids” and that “making more information about the metal components of vape device available along with the filling date of the vape device can help support and inform additional research studies and risk assessments.”    

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South Dakota Gov. Signs Bills to Ban Intoxicating Hemp & Allow Cops to Search Medical Cannabis Businesses

3/20/2024

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South Dakota Gov. Kristi Noem (R) this week signed two bills aimed at the medical cannabis and intoxicating hemp industries in the state.

Noem on Monday signed a bill that removes the prohibition on the ability of law enforcement and other government agencies to “search, seize, prosecute, or impose disciplinary action” on the state’s medical cannabis businesses. The bill passed the Senate 26-7 in January and 59-10 last month. The provisions included in the law protecting dispensaries, cultivators, manufacturers, and testing laboratories were included in the voter-backed law in 2022.  

The bill takes effect July 1.

On Tuesday, Noem signed legislation prohibiting the “chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp” effectively outlawing intoxicating hemp-derived products. Under the law, it is now illegal to “modify or convert industrial hemp … or engage in any process that converts” CBD into delta-8 THC, delta-9 THC, or delta-10 THC, or any other THC isomer, analog, or derivative. The measure unanimously passed the House in January and was nearly unanimous in the Senate last month, with only one lawmaker, Republican Majority Whip Ryan Maher, voting against the measure.

The bill includes penalties of up to one year in jail, a $2,000 fine, or both.

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Survey: 72% of Canadian Cannabis Consumers Buy From Legal Sources

3/20/2024

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Almost three-quarters of legal cannabis consumers (71.7%) in Canada say they purchase products exclusively from the regulated marketplace, according to a national survey published on March 18.

Recipients listed the following primary reasons for their decision to utilize the legal market:

  • 38% said they buy legal due to concerns about product safety,
  • 16.9% said the legal market was more convenient,
  • and 12.9% said they wanted to follow the law.

The survey found that the most commonly used product types in the previous year were dried cannabis flower (62.1%) followed by infused edibles (57.1%). Notably, cannabis vape pens and cartridges were more popular among younger cannabis consumers while infused topicals and oral cannabis oils were more popular among older consumers, the pollsters wrote. Among consumers aged 25 or older, cannabis flower products were more commonly used by men (70.2%) than women (48.4%).

Additionally, the survey found that more than one-third of people aged 18-24 (38.4%) and 25-44 (34.5%) reported having used cannabis at least once in the 12 months leading up to the survey, compared to just 15.5% of adults aged 45+.

Canada legalized adult-use cannabis in 2018 and was one of the very first countries in the world to undo cannabis prohibition at the federal level.

According to a recent report, licensed cannabis companies in Canada have destroyed 3.7 million pounds of cannabis since the legal market launched, largely due to the products being too old or low-quality.

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New York Gov. Orders Audit of Cannabis Industry Program

3/20/2024

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New York Gov. Kathy Hochul (D) has ordered a top-down review of the state’s adult-use cannabis program amid rampant unlicensed sales and multi-month delays to the industry, the Associated Press reports.

For the review, the governor has tasked Office of General Services (OGS) Commissioner Jeanette Moy and other state officials to embed with cannabis industry regulators and identify ways to speed up cannabis licensing and further optimize the Office of Cannabis Management (OCM).

New York legalized cannabis for adults aged 21 and older in 2021 but at the end of 2022, just 80 companies had launched in the state, the report said. The cannabis licensing process faced numerous delays due to a series of lawsuits targeting the industry’s social equity licensing provisions.

“We have built a cannabis market based on equity, and there is a lot to be proud of. At the same time, there is more we can do to improve OCM’s operations and we know Commissioner Moy, a proven leader in government, will help us get where we need to be.” — Chris Alexander, OCM Executive Director, via the AP

Hochul previously labeled the industry’s roll-out a “disaster,” critiquing the slow launch for benefiting unregulated retailers and hamstringing legal operators.

Meanwhile, state officials last month approved new cannabis home grow rules — the provisions, which are currently undergoing a 60-day public comment period, would allow adults to grow up to six mature and six immature cannabis plants at their home.

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New York Senate Budget Includes $128M to Support Cannabis Farmers

3/18/2024

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The New York Senate last week approved a one-house budget that includes $128 million to support the state’s cannabis industry. The budget includes $60 million for cannabis farmer loans, $40 million for grants through a new Cannabis Farmer Relief Fund, and $28 million for refundable tax credits for cannabis farmers who lost money due to the state’s slow market rollout.  

The budget also includes a proposal backed by Gov. Kathy Hochul (D) to replace the state’s potency tax on cannabis products with the phase-in of a permanent rate for the new wholesale tax and a repeal of the tax on medical cannabis products.  

On the Senate floor, state Sen. George Borrello (R) said that he thinks lawmakers agree that the state’s cannabis industry rollout “has been an abject failure.” 

“We are now three years into where we have passed the legalization of recreational marijuana in New york state – three years now this month. We are now proposing a bailout for pot farmers of $128 million. … Somehow New York state has managed to screw up pot. I don’t know how that happens, but we did.” — Borrello via The Post-Journal 

Last year Hochul vetoed a bill that would have allowed New York cannabis farmers to sell directly to tribal retailers – many of which began operating shortly after the passage of the state law. In her veto message, Hochul said the proposal provided “too few parameters in terms of sales to the Tribal Nations” and “minimal overall protections for cultivators and processors or guarantees for sales in terms of quantity.” Hochul said the issues could “best be addressed through a negotiated agreement with Tribal Nations,” rather than the legislation.   

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