Study Investigates Cannabis Withdrawal Symptoms

1/12/2021

by

A recent study published in the journal Addiction and led by a group of researchers from the University of Michigan and the VA Ann Arbor Health Care System highlights concerns around “cannabis withdrawal syndrome.” The study looks at two years of surveys from 527 registered medical cannabis patients in Michigan.

In order to establish a baseline for the withdrawal symptoms, participants were asked if they suffered from fifteen different symptoms like trouble sleeping, nausea, or irritability after going a “significant time without cannabis.” Then, based on the number of symptoms they experienced, Survey participants were grouped into three categories — mild, moderate, or severe.

According to the Michigan study, a “baseline” 41 percent were in the mild category, 34 percent had moderate symptoms and 25 percent had severe cannabis withdrawal symptoms.

Over the two-year period, the researchers found that patients who had mild symptoms usually stayed in the category and were less likely to have an increase in withdrawals. Researchers found that those in the moderate category were more likely to have a decrease in withdrawals over time and at the end of the two-year study only 17 percent remained in the severe category. Additionally, they found after the first year that 13 percent had moved up a category and, after the second year, eight percent reported worsening symptoms. The severe group was made up of younger participants, “long-term” cannabis users, and people with reported mental health issues. Older cannabis patients were less likely to report increased cannabis withdrawal.

“Some people report experiencing significant benefits from medical cannabis, but our findings suggest a real need to increase awareness about the signs of withdrawal symptoms developing to decrease the potential downsides of cannabis use, especially among those who experience severe or worsening symptoms over time.”  — Study lead Lara Coughlin, Ph.D., via Michigan Medicine

She says patients may perceive cannabis with drawl symptoms as part of their underlying health issue and suggests possibly talking to their health care providers about other pain treatments like cognitive behavioral therapy.

Some of the signs of cannabis withdrawal syndrome, besides a general craving, include, “anxiety, sleep difficulties, decreased appetite, restlessness, depressed mood, aggression, irritability, nausea, sweating, headache, stomach pain, strange dreams, increased anger and shakiness,” according to the report.

End

South Dakota Gov. Joins Effort to Block Voter-Approved Cannabis Legalization

1/11/2021

by

In an executive order issued on Friday, Republican South Dakota Gov. Kristi Noem contends that the recreational cannabis ballot initiative approved by voters in November “was not proper and violated the procedures set forth in the South Dakota Constitution.”

The directive also states that Highway Patrol Superintendent Col. Rick Miller and Pennington County Sheriff Kevin Thom have legal standing to sue over the amendment because they are acting on Noem’s behalf.

In the lawsuit, the plaintiffs claim that the measure violates initiative one-subject requirements. Miller and Thom argue that the broad reforms – a constitutional amendment – need to be approved through a constitutional convention.

South Dakota Attorney General Jason Ravnsborg’s (R) office and a pro-legalization group who led the campaign for the amendment argue that the amendment only covers one subject – cannabis.

Following the General Election results – when 53% of voters approved cannabis legalization and another 70% approved allowing medical cannabis – Noem said the reforms are “the wrong choice for South Dakota’s communities.”

“We need to be finding ways to strengthen our families, and I think we’re taking a step backward in that effort. … I’m also very disappointed that we will be growing state government by millions of dollars in costs to public safety and to set up this new regulatory system.” – Noem in an email to the Argus Leader

In 2019, Noem vetoed a bill to legalize hemp in the state, worried that it would legalize cannabis “by default.” She did sign a hemp legalization bill last year which included so-called “guardrails” she required including $3.5 million in funds to start the program, broad consent by growers for law enforcement inspections and a requirement they pay any costs associated with eradication of plants that test over the legal THC limits, and the banning of smokable hemp products.

End

UK Police Commissioner Suggests Giving Cannabis to Prisoners

1/11/2021

by

North Wales Police and Crime Commissioner Arfon Jones is advocating for a plan that would see prisons give drug-dependent inmates cannabis to determine whether it could reduce overdose deaths and violence, and help with opioid addiction, the Guardian reports.

Jones said that synthetic cannabinoids – known a spice – are common in prisons and are deadly, whereas cannabis is not. He added that prisoners are given heroin substitutes, such as methadone and buprenorphine, and others are given strong pain killers which are addictive and potentially dangerous.

“If they’re on opioids, why can’t they be prescribed cannabis? At the end of the day, opioids are a damn sight more dangerous than cannabis. It would be an improvement on the illegal spice smuggled in by corrupt prison officers too.” – Jones to the Guardian

Last year, the Guardian reported that over the past five years, more than 300 prison officers and outside staff in England and Wales had been fired or convicted for smuggling in illegal items, including drugs.

Jones said that if “the aim of the game is to make prisons safer” and officials are “serious about reducing violence in prisons” plans should be in place to “address the causes and that’s psychoactive substances.”

From 2008 to 2016, there were 88 drug-related deaths in U.K. and Wales prisons, according to Office for National Statistics data outlined by the Guardian. The majority of those deaths were related to opioids, but deaths related to spice have increased in recent years, the report says.

Jones, who is not seeking re-election to his post, suggests that prison officials “supply cannabis in controlled conditions and see if offenses reduce.”

End

Amsterdam Mayor Officially Proposes Banning Foreigners from Cannabis Coffee Shops

1/11/2021

by

The mayor of Amsterdam has introduced a plan to ban cannabis sales to tourists and foreigners in the capital city of the Netherlands. Amsterdam has about 30% of all of the cannabis coffee shops in the Netherlands and in her announcement, Mayor Femke Halsema said she “wants to reduce criminal influences and bring the relationships between residents and visitors more into balance.”

The plan was first announced last year as Halesma said she wanted to clean up the city’s image and the over-crowded red-light district. In 2013, local officials passed a law making coffee shops residents-only but the law has not been enforced.

Joachim Helms, spokesman for the Bond van Cannabis Detaillisten, said that banning non-residents from the coffee shops will only turn them to street dealers and public consumption.

“A more transparent market is a good thing but at the same time this plan is hugely negative for livability in the inner city,” he told Dutch News. “That’s not a good swap.”

Robbert Overmeer, a bar owner and chair of the businessowners’ group BIZ Utrechtsestraat who organized a petition last year to ban non-citizens from coffee shops, told Dutch News that the coffee shops appealed to less desirable tourists. He noted that coffee shops don’t pat VAT and “many are in the hands of hardened criminals.”

“The coffee shops are one of the most important links in the chain of low-value tourism: Nutella pancake shops, cheap cafes and restaurants, souvenir shops that will take over the inner city. We don’t necessarily just want people with a lot of money: we say ‘come to Amsterdam for the museums, the food, for love or for friends, but not to sculk around, smoke dope and do drugs.’” – Overmeer to Dutch News

Don Ceder, a lawyer and city councilor, told Dutch News that the ban “is a very positive step when it comes to making the city livable.” He added that when tourism was restarted after the coronavirus lockdowns the majority of visitors were “people who came for drug tourism.”

“We need to change the international image of Amsterdam as the drugs capital of the world and if we do that I believe we will draw a different crowd and make sure the city becomes more liveable,” he said in the report.

A survey by the Guardian last year found 34% of tourists said they would visit the city less often if they were not allowed to use cannabis, while 11% said they would never visit again. Another 22% said they would have someone else go to the coffee shop to purchase products for them, and 18% said they would find another way to buy cannabis while in the city. In all, 57 percent of respondents said the coffee shops played an important role in their decision to visit Amsterdam.

Cannabis is not legal in Amsterdam, rather the city has a “policy of tolerance.”

End

Colorado Gov. Asks for $5 Million to Boost Cannabis Social Equity

1/11/2021

by

Colorado’s Governor is requesting $5,000,000 dollars to jumpstart the state’s social equity efforts by providing business assistance programs for cannabis entrepreneurs who were most affected by the war on drugs, Marijuana Moment reports.

Looking to mirror programs like the Federal Small Business Association and the State Small Business Development Center (SBDC), the state’s Office of Economic Development & International Trade (OEDIT) is asking for the one-time cash infusion to fund “a new cannabis advancement program, that will include workshops and other business development services.”

“The SBDCs provide candid, free advice on developing a business plan, how to access capital, how to market a business, etc.,” according to the proposal, “and unfortunately, marijuana businesses have not been able to take advantage of that assistance due to the federal prohibition.”

The governor’s proposal would provide technical assistance and establishes grant and loan programs for social equity applicants.

“Technical support and access to capital are key pieces of OEDIT’s programming to help businesses get off the ground and grow successfully, and a dedicated staff member can help cannabis entrepreneurs—some of whom may have been previously shut out—navigate this process.” — Excerpt from Gov. Polis’ budget proposal

Colorado began implementing its social equity program last year.

In October, Gov. Polis pardoned thousands of Coloradans who had been convicted of an ounce or less of cannabis.

“We are finally cleaning up some of the inequities of the past by pardoning 2,732 convictions for Coloradans who simply had an ounce of marijuana or less,” Gov. Polis said before signing that executive order.  “Too many Coloradans have been followed their entire lives by a conviction for something that is no longer a crime, and these convictions have impacted their job status, housing, and countless other areas of their lives.”

End

Pesticide Triggers Oregon Cannabis Product Recall

1/08/2021

by

Due to pesticide contamination, the Oregon Liquor Control Commission (OLCC) has issued an immediate recall of cannabis products. The recall was triggered when it was reported to the OLCC on December 29, 2020, that an extract failed its pesticide test. An investigation into the OLCC traceability database revealed the contaminated cannabis was initially transferred into the state’s adult-use system by a medical cannabis grower — medical growers in Oregon can sell up to 20 lbs of cannabis into the adult-use market each year — and then was mixed with other flower for extraction purposes and for products like pre-rolls.

According to an OLCC press release, Ecotest — whose laboratory license was revoked in September 2020 for a variety of violations — gave the hot batch the green light for sale in March 2020, allowing it to make its way into other products. However, none of the contaminated extract that failed tests in December made its way onto store shelves.

What to look for:

Emerald Extracts Purple Slurry

  • Manufactured by Emerald Treasure LLC (030-1008341A083)
  • Label Id = 2805
  • Made on 9/9/20
  • Tested by MW Labs (010-1008606C050) on 9/14/2020

Cannabis flower pre-rolls

  • Strains of “Qurkle,” “BP Oil Slick,” or “Green Crush”
  • Tested by Ecotest (010-1008170B3B6) on 3/12/2020
  • Sold from Bernie’s Universal Dispensaries in South Beach, OR

According to the OLCC, The analyte Abamectin was detected on the flower and extract. Abamectin is a general use pesticide with a toxicity class IV, or “practically nontoxic.” It is used as an insecticide, particularly for mites, and is derived from the soil bacteria Streptomyces avermitilis. It affects the nervous system of insects, according to the Extension Toxicology Network.

“Symptoms of poisoning observed in laboratory animals include pupil dilation, vomiting, convulsions and/or tremors, and coma. Abamectin acts on insects by interfering with the nervous system. At very high doses, it can affect mammals, causing symptoms of nervous system depression such as incoordination, tremors, lethargy, excitation, and pupil dilation. Very high doses have caused death from respiratory failure. Abamectin is not readily absorbed through skin.” — Excerpt from the Extension Toxicology Network Pesticide Information Profile

No adverse health effects have been reported but anyone in possession of the contaminated products should either dispose of them immediately or return them to the retailer where they were purchased, the agency said.

End

Connecticut Gov. Calls for Cannabis Legalization

1/08/2021

by

In his State of the State address on Wednesday, Connecticut Gov. Ned Lamont (D) said he planned to work to legalize cannabis in the coming session.

“I am working with our neighboring states and look forward to working with our tribal partners on a path forward to modernize gaming in our state, as well as the legislature on legalization of marijuana. Sports betting, internet gaming, and legalized marijuana are happening all around us. Let’s not surrender these opportunities to out-of-state markets or even worse, underground markets.” – Lamont, January 6, State of the State

In 2019, Lamont and other regional governors, including New York Gov. Andrew Cuomo (D), New Jersey Gov. Phil Murphy (D), Pennsylvania Gov. Tom Wolf (D), and Rhode Island Gov. Gina Raimondo (D) announced a joint regional approach toward legalization. Since then, New Jersey legalized cannabis through a voter-approved ballot initiative in November.

Cuomo this week announced a proposal to create an Office of Cannabis Management – a signal that he would include legalization in his Executive Budget for the third consecutive year. In 2019 and 2020, state lawmakers rebuffed the governor’s move to pass the reforms via the budget.

In August, Wolf called on the Legislature to legalize cannabis for adults, saying the market “might be one way” to bridge the state’s budget gap.

Raimondo might not be around to join the regional push for legalization as President-elect Joe Biden (D) announced on Thursday her as his pick for commerce secretary, the New York Times reports. Raimondo had included legalization revenues in her 2020 Executive Budget and supported legalization efforts.

Lamont unveiled a broad legalization bill last year, which included possession limits up to 1.5 ounces of cannabis and 5 grams of concentrates. The measure would set THC caps, prohibit the use of vitamin E acetate in vape products, create a nine-member equity commission and a social equity licensing program, and allow industry participation for individuals with non-violent misdemeanor drug offenses.

Under the governor’s plan, flower would be taxed at $1.25 per gram, trim at $0.50 per gram, and “wet” cannabis at $0.28 per gram. Retailers would also be taxed 3 percent on total gross revenues. The proposal also includes product marketing restrictions – such as a ban on child-friendly shapes for edibles.

A University of Connecticut analysis last year suggested direct state revenue from cannabis sales in the state could be between $784 million and $952 million over five years, according to a Hartford Courant outline of the study. Professor Fred Carstensen, the study’s author who serves as director of the Connecticut Center for Economic Analysis at UConn’s School of Business, estimated that the number of jobs created by the industry would range from 10,424 to 17,462 by the fifth year.

Connecticut has a medical cannabis program and decriminalized possession.

End

Nebraska Proposal Would Put Legalization Question to Voters

1/08/2021

by

Nebraska State Sen. Justin Wayne (D) has introduced a measure to put a constitutional amendment to legalize cannabis to voters in 2022, the Omaha World-Herald reports. Previous legislative attempts to legalize cannabis for medical use in the state have failed.

Wayne’s proposal will be opposed by most Republican lawmakers – who hold majorities in the Legislature – along with Gov. Pete Ricketts and Nebraska Attorney General Doug Peterson, who are also Republicans. However, Sen. Adam Morfeld, a Democrat that has led previous cannabis-related petition campaigns – said a debate on legalization could help educate lawmakers and the general public about the reforms.

“It’s important that we have multiple approaches. If we can’t get it passed in the Legislature, we’ll collect another 125,000 signatures to get it on the ballot.” – Morefeld to the World-Herald

Democratic State Sen. Amy Wishart last month said she was working on ballot language for full adult-use legalization but has yet to unveil the measure.

In October, Nebraskans for Medical Marijuana launched a medical cannabis petition drive to put the issue to voters in 2022. The language of the proposal simply states: “Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes.” In September, the state Supreme Court threw out the group’s 2020 initiative ruling it violated the single-issue rule imposed on voter initiatives.

Wayne’s proposal would appear on ballots with the following language:

“A constitutional amendment to legalize cannabis for persons twenty-one years of age or older and to require the Legislature to enact laws relating to cannabis.”

Wayne told the World-Herald that he believes, if given the option, voters would approve the reforms and that there is no reason to wait for the petition drive to get the referendum on midterm ballots.

End

Curaleaf Announces 16.5M-Share Stock Offering

1/08/2021

by

In an effort to raise more than C$275 million, Curaleaf Holdings, Inc. is offering 16.5 million subordinate voting shares at a C$16.70 per share price, the company announced yesterday.

In a statement, Boris Jordan, Curaleaf executive chairman of the board, anticipated the results of Tuesday’s Special Election in Georgia – which gave Democrats control of the Senate – would accelerate federal legalization in the U.S. and “newly enhanced opportunities in the sector.”

Curaleaf, based in Wakefield, Massachusetts, operates in 20 states and is traded on the Canadian Securities Exchange under the “CURA” symbol and on the U.S. OTC market under “CURLF.”

“With the recent adult-use cannabis deregulation initiatives in New Jersey and Arizona, and New York announcing its proposal to legalize and create a comprehensive system to oversee and regulate cannabis as part of the 2021 State of the State, now is a pivotal time to raise additional capital to support our growth initiatives as we continue to build out our capabilities in these new markets. With the added balance sheet flexibility this offering will provide, Curaleaf will be increasingly well positioned to leverage potential high-return organic and well as inorganic growth opportunities going forward.” – Jordan in a press release

The company indicates it plans to use the net proceeds of the funds raised “for working capital and general corporate purposes.” Additionally, the firm said it intends to grant the underwriters a 30-day option to purchase up to an additional 15% of the securities on the same terms and conditions as the proposed offering. Canaccord Genuity is serving as the lead underwriter for the offering on behalf of a syndicate of underwriters including Beacon Securities Limited, Cantor Fitzgerald Canada Corp., Cormark Securities Inc., Eight Capital, and Haywood Securities Inc., the company said.

In November, Curaleaf reported record financial and operational results for the third quarter of the year with pro forma revenue of $215.3 million, and year-to-date managed revenue of $419.6 million, including third-quarter revenues of $193.2 million – a 164% increase.

End

John Manlove: Supporting Cannabis Brands with Wholesale Solutions

1/07/2021

by

Between strict regulations and steep competition, cannabis entrepreneurs face a lot of challenges when bringing products to market — platforms like Apex Trading, however, offer unique solutions for growing and maintaining professional relationships between members of the cannabis industry.

In this Q&A, John discusses his 2014 entry into the business of cannabis wholesale, the founding and goals of Apex Trading, and the company’s “Plant First” ethos — which prioritizes the responsible representation of the cannabis industry. Scroll down to read the full interview and learn about how Apex Trading helps cannabis growers, manufacturers, and retailers buy and sell their products, manage sales data, maintain regulatory compliance, and more!

Ganjapreneur: How was Apex Trading founded? Did the founders have backgrounds in cannabis prior to creating a wholesale marketplace?

John Manlove: Our founding story is a pretty interesting one. The founding members of Apex Trading came from Tradiv, one of the industry’s first wholesale marketplaces and an alum of Canopy Boulder’s inaugural cohort. While Tradiv was a first mover, its history was marred with poor executive decisions, both within the company and external. The downfall of Tradiv ultimately led to the founding of Apex Trading. We leaned on years of technical and distribution experience to develop a new platform that addresses the issues the industry has with open marketplaces while also increasing efficiencies through a robust inventory and business management suite of features.

What’s more, Apex Trading was founded on the principle of “Plant First.” We recognize that we wouldn’t be here without the plant or the pioneers who risked everything to allow so many of us the opportunity today to work in this industry. Each decision we make is guided by this ethos and is evident in our product and team.

What are some examples of how the ‘Plant First’ ethos has been put into practice?

Apex Trading did not come out of Silicon Valley or New York City looking to cash in on the blood, sweat and tears of those who built cannabis. Our team is made up of super talented individuals who have cannabis backgrounds or have a strong passion for the industry. Our product is designed to help cannabis producers focus more on what they love – crafting cannabis – and less on the trappings of mainstream business operations. In fact, everyone on the team, including me, spends time “in the field” – going to grows, extraction facilities, edibles makers, etc. – to ensure we have the best understanding of their specific needs.

Monetarily, we’re supporting members of organizations such as the NCIA, OCA and ORCA. We also make one-off contributions and sponsor, attend and promote local cannabis community events. As our revenue continues to grow, we’re looking for more ways to proportionally support organizations such as the Last Prisoner Project, Marijuana Policy Project, and Veterans Cannabis Project.

What’s more, when our cannabis community is in need, we step up and do what we can to help. With the challenging times of Covid or the recent wildfires that ravaged cultivations across the west, we’ve worked with some of our hard-hit clients to create deferred payments or discounted pricing.

Finally, we ensure that we present cannabis and the cannabis industry in the best possible light at all times. That means, we show up prepared, pay our bills on time, meet our deadlines with external companies, respectfully refer to the plant as “cannabis,” and we consume responsibly. The last thing we want is for mainstream business to view the cannabis industry as a bunch of stoner/slackers. This plant has given us so much and we just want to make sure we’re treating it with the respect it deserves.

Who is Apex Trading meant for, and how does the platform generate value for its users?

Apex Trading is designed for each business within the wholesale supply chain. This includes cultivators, extractors, product manufacturers, distributors and retailers. Each of these business types are able to manage every aspect of their wholesale operations within Apex Trading, from inventory and orders to sales and reporting. Through a robust set of industry tailored features, we are able to eliminate the manual processes teams go through while strengthening the relationship between the seller and their buyers.

What makes Apex Trading different from other wholesale platforms?

Our biggest differentiator is we’re not an open marketplace. While marketplaces are the norm, they don’t value the relationship between a seller and their buyers. A seller is consistently having to compete solely based on potency and price and unable to promote the other aspects of their products, which differentiate them from the competition. Additionally, in a marketplace, buyers are exposed to competing products and brands, which slowly disintegrates the brand equity of the seller. Early on, we realized just how important the relationship aspect is for the cannabis industry. Trust and communication between parties is the foundation on which legal cannabis was built and we carry that over into our tools today.

We have found that craft producers, established brands with sales teams, and states where demand exceeds supply need an alternative to an open marketplace and that’s our niche.

How do you continue to adapt to the rapidly evolving world of cannabis regulations?

This is a great question. Having been in the industry since 2014, I have experienced a ton of regulatory change. We’re lucky in that ancillary businesses aren’t typically as directly impacted by regulatory changes as license holders. That being said, we remain on top of federal, state and local regulatory changes and adjust our platform within a market to make sure our clients remain compliant. A basic example of this would be new testing regulations, such as microbials or pesticides. When these new testing mandates came into effect, we quickly added new document types and icons within the platform to allow sellers to easily provide buyers with these compliance docs both prior to and upon ordering.

Which markets does Apex Trading currently serve? Do you plan to expand to new territories in the coming year?

Apex Trading is available in all medical and adult use markets. Currently, the majority of our clients are within 7 states – Colorado, Oregon, Washington, California, Oklahoma, Massachusetts, and Michigan.

We’re rapidly expanding into new states and expect to have a strong presence in 20 by the end of 2021.

Given that Apex integrates with METRC, do you provide METRC customer support and/or troubleshooting?

Of course. We founded the company on the principle of responsiveness and providing clients with the best customer service possible. We offer free METRC implementation/training and constantly work with our clients to address METRC issues and provide them with solutions within Apex Trading. As a software company we are constantly evolving. A key aspect of our evolution is through enhancing our current integrations with systems like METRC and then ensuring our clients are taking advantage of the benefits.

What are some of the ways that your clients use the reporting and analytics features to grow their business?

Data is the driver of all decision making. From inventory and sales to team performance, we provide our clients with actionable data and insights they utilize to better manage their team and grow their business. We recognize that each business is different and what’s important to one client might differ from the other. To address this, we’ve built customizable reports where clients are able to decide what data they want to see and how it should be presented. Additionally, we are about to roll out a data partnership with a well-known retail analytics company to provide the market with actionable insights from both the retail and wholesale parts of the market.

From signing up to generating new leads, what is the onboarding experience like for Apex Trading users?

We try and make onboarding as simple as possible and recognize that new software can be daunting and change comes hard within the industry. When an account is created, users are taken through an onboard wizard, which simplifies the initial setup process. We’ve eliminated the data entry aspect through migration and upload tools, allowing new clients to get setup and go live within hours. During this process, our Client Success team schedules training sessions, which allows users to ask questions and familiarize themselves with the platform. What’s more. support doesn’t end after going live – we have online chat with tech support and our Success team is always available to assist clients.

What can you tell us about your wholesale hemp platform, Bushel 44? What facets of the hemp industry does Bushel 44 work with?

Bushel44 is very similar to Apex Trading, but designed specifically for the hemp industry. The hemp industry is flooded with marketplaces where Bushel44 is the only comprehensive hemp-specific inventory, order, sales and business management platform available. We work with the entire supply chain, with exception of B2C.

What do you think the next few years have in store for the cannabis and hemp industries?

I believe we will see federal cannabis decriminalization within the next few years. The House recently passed H.R. 3884, which if it gets passed by the Senate, will do just that. More states will continue to pass medical or adult use. However, if we reflect on previous comments made by President-Elect Biden and influential Republican Senators, I don’t think we should expect to see Federal Legislation or cross-state commerce anytime soon.

It will be interesting to see what happens within the hemp industry. There is substantial progress being made within the EU regarding CBD, and I believe this will continue resulting in substantial opportunity there. One somewhat neglected aspect of hemp are the industrial applications, which I find fascinating. Hemp has the potential to reduce dependence on plastic, provide more sustainable and durable building materials, and revolutionize the fabric and textile industries.

Thank you, John, for answering our questions! You can learn more about John Manlove and Apex Trading at ApexTrading.com.

End

With Democratic Senate Majority, MORE Act Could Get a Vote

1/07/2021

by

The Democrats who narrowly won their Senate races in Georgia both support federal cannabis law reforms, increasing the odds that the chamber will take up the MORE Act, which was approved by the Democratic-controlled House last month.

Senator-elect Rev. Raphael Warnock, a Black preacher at Atlanta’s Ebenezer Baptist Church, has said he supports federal decriminalization and criminal justice reforms. Warnock is the first Black Democrat to represent the state of Georgia in the Senate.

“Marijuana is seen as an illegal substance,” he said in a sermon last November. “It’s a terrible irony and we feel it, that right now in America there are some folks who are becoming billionaires for selling the same stuff that’s got our children locked up all across America. Where is the justice? It’s not enough to decriminalize marijuana. Somebody’s gotta open up the jails and let our children go.”

Senator-elect Jon Ossoff, a 33-year-old documentary filmmaker, said in July that he supports “nationwide legalization” of cannabis.

“The prohibition of this substance is irrational. It’s hugely expensive. It has a terrible human toll. The fact that there are people doing time for nonviolent marijuana-related offenses while others are getting rich in the cannabis industry is a grave injustice. I’ll fight for outright cannabis legalization, an end to incarceration for nonviolent drug offenses and expungement of records for nonviolent cannabis offenses.” – Ossoff to CNBC

Cannabis stocks were up following the announcement of the election results – which still require certification by state officials – as the 50-50 split in the Senate gives control to Democrats with Vice President-elect Kamala Harris serving as the tiebreaking vote.

Some pundits wondered whether West Virginia Democratic Sen. Joe Manchin would either switch parties or become an independent and caucus with the GOP to keep control of the Senate under the control of Senate Majority Leader Mitch McConnell (KY) – who has blocked cannabis-related reforms from the chamber floor. Manchin on Wednesday told NBC News that he would stay “the most independent bipartisan member of Congress” and reaffirming that he is a Democrat.

Once Warnock and Ossoff are seated, which is expected later this month, Minority Leader Sen. Chuck Schumer (NY) will ascend to the role of majority leader and would certainly push the MORE Act – which he sponsored in the chamber – to a vote.

“I’m a big fighter for racial justice, and the marijuana laws have been one of the biggest examples of racial injustice, and so to change them makes sense,” he said in an October interview with Green Enterprise as reported by Marijuana Moment. “And that fits in with all of the movement now to bring equality in the policing, in economics, and in everything else. Our bill is, in a certain sense, at the nexus of racial justice, individual freedom and states’ rights.”

The newly-Democratic Senate must also compete with the filibuster – which requires more controversial legislation to meet a 60-vote threshold to advance. It’s unknown whether Democrats would be able to find 10 Republicans to block the filibuster if it were used for the MORE Act or other cannabis-related legislation.

In September 2019, the House passed the SAFE Banking Act – which would allow cannabusinesses access to traditional financial services but that measure was blocked by current Banking, Housing, and Urban Affairs Committee Chairman Mike Crapo (R-Idaho). Crapo is likely to lose his chairmanship once Democrats take control of the chamber.

End

New York Gov. Calls for Legalization & New Cannabis Management Office

1/07/2021

by

New York Gov. Andrew Cuomo (D) on Wednesday announced a proposal to create an Office of Cannabis Management which would oversee the state’s medical cannabis and hemp programs, along with an adult-use cannabis regime once approved by lawmakers.

The move telegraphs the governor’s plan to include legalization in his Executive Budget for the third time – in 2019 and 2020 Cuomo had included the reforms as part of his annual budget request but both times was rebuffed by lawmakers.

Cuomo said that the coronavirus pandemic had created “many challenges” for the state but “also created a number of opportunities to correct longstanding wrongs and build New York back better than ever before.”

“Not only will legalizing and regulating the adult-use cannabis market provide the opportunity to generate much-needed revenue, but it also allows us to directly support the individuals and communities that have been most harmed by decades of cannabis prohibition.” – Cuomo in a statement

According to the governor’s office, once fully implemented, cannabis legalization is expected to generate more than $300 million in tax revenues for the state. In November, Cuomo said he expected legalization to pass during the next session “because the state is desperate for funding.”

In 2019, Cuomo had included the reforms as part of his budget platform; however, the plan faced strong resistance from the New York State Sheriff’s Association, the New York State Parents Teachers Association, a statewide physicians lobby, drug treatment advocates, Smart Approaches to Marijuana, and moderate downstate Democrats. Instead, lawmakers agreed to expand the state’s cannabis decriminalization thresholds from 25 grams to 57 grams and lower the maximum penalties for possession to $200. The measure also included provisions for expungement of low-level cannabis crimes.

Last session, the reforms were pulled from budget talks amid the pandemic, as Cuomo said the state would pass a “bare-bones” budget in the face of an extraordinary budget shortfall caused, in part, by the economic shutdown in the state. Using the budget as a vehicle to legalize cannabis was not a slam dunk for Cuomo anyway prior to the pandemic as the governor and lawmakers reportedly had disagreements over how the revenues would be disbursed.

Many expected that Cuomo would again push for broad legalization in the budget after voters in New Jersey approved the reforms in November. New York is also bordered by Vermont, Massachusetts, and Canada – all of which have legalized cannabis for adults.

End

Washington Cannabis Activists Pushing for Major Policy Changes in 2021

1/07/2021

by

Washington state is gearing up for the 2021 legislative session and, despite challenges posed by COVID-19, cannabis organizers and activists are optimistic the state will enact some key changes to one of the country’s oldest adult-use cannabis markets.

Adult-use homegrows

Although Washington was one of the first states in the country to pass adult-use cannabis, it did not include homegrows when it set up its legal cannabis framework. Due to the previous bill’s sponsor Brian Blake’s defeat in the November election, a new bill, HB 1019, has been introduced. Similar to previous bills, HB 1019 would allow Washingtonians to grow up to six plants at home.

“Giving people the right to grow at home has multiple positive benefits for the individual as well as the industry,” Lara Kaminsky, a previous director of the Cannabis Alliance, told the Spokesman-Review. “We are the only legal state to not allow it – not only does it make sense on a practical level, but allowing people to grow at home increases their knowledge, understanding and interest in the cultivation of cannabis … making them more informed consumers.”

Medical cannabis excise tax

Washington state is the only state with a medical cannabis excise tax. Equal to the adult-use cannabis tax of 37%, activists say this is an undue hardship on patients. This year, state Senators Karen Keiser (D) and Judy Warnick (R) introduced SB 5004 which would overturn the tax for registered patients.

In an email, Bailey Hirschburg of Washington State NORML commented on Washington’s 37 percent medical cannabis excise tax.

“As a volunteer organizer for I-502, I know it wasn’t drafted or designed to be the primary option for patients to access medical cannabis. It is a terrible oversight that lawmakers required patients to pay a proverbial sin tax for medicine during the flawed merging of the medical and recreational markets in 2015. As a consumer, I dislike being taxed for things I want, but being taxed for health needs is completely abhorrent. I support the excise tax’s repeal.” Hirschburg, in an emailed statement to Ganjapreneur

Social Equity

Washington is also in the midst of holding “Social Equity Task Force” meetings. Due to delays from the coronavirus, however, the Task Force has not yet made its planned recommendations to the legislature about how Washington might fix its social equity issues.

Task Force Co-Chair Paula Sardinas told Ganjapreneur last month, “The Task Force should be recommending 2021 legislation that is both urgent and important. HB2870 has some serious inadequacies that cannot wait.”

“The Black and #BIPOC community has been waiting for years for equity,” Sardinas said. “A 2021 clean-up bill can address those inequities. Any politician not willing to draft legislation—is not advocating for the people, they are working for their own interest.”

Cannabis Commission

Looking to join other agricultural commissions like the Apple and Beef Commissions, the Cannabis Alliance is lobbying to establish a “Cannabis Commission,” the Spokesman-Review reports.

“The establishment of this commission helps us be on the forefront of best practices regarding growing methods, worker safety, crop protection and more, helping us achieve our goals for a vital and sustainable industry,” Kaminsky said in the report.

Meanwhile, Crystal Oliver of The Washington Sungrowers Industry Association told the Review that organization members hope to put more “responsibility” in the hands of Washington’s Department of Agriculture when it comes to things like pesticides. They are also hoping the Department will officially recognize cannabis farming as an agricultural activity, which would help with tax deductions and exemptions.

Speaking on the current COVID crisis and its effect on the upcoming session, Oliver says there will be challenges.

“It changes how and when we interact with representatives and senators. It’s no longer possible to pop into their office for 10 minutes between committee hearings, nor is it possible to have a brief conversation with a representative or senator as they’re walking down the hall. It really changes the dynamic of those ongoing conversations.” — Crystal Oliver, via the Spokesman-Review

End

Montana Lawmakers Reject Cannabis Legalization Budget Proposal

1/07/2021

by

Lawmakers in Montana have rejected a $1.35 million request from the state Department of Revenue for implementation of the recreational cannabis program approved by voters in November, the Independent Record reports.

The budget request asked the House Appropriations Committee for about $576,000 for 20 full-time positions, $250,000 for a “cash control room” – a secured room required as cannabusinesses must still rely mostly on cash – $112,000 for operating expenses, and $60,000 for other associated costs. The ask also includes cash requests for office supplies, vehicles, and other costs associated with building out a new office and government agency.

Rep. Bill Mercer (R), who pushed to pull the funding amendment which was approved by the committee 23-2, said that the voter guide on the legalization measure issued before the election didn’t say anything about “expanding state government.”

“I think the challenge for us is there are a number of different ideas people are beginning to think through in terms of how we need to take what the voters approved and decide how that’s actually going to work in terms of public policy.” – Mercer, during the committee meeting, via the Record

Kurt Alme, the governor’s budget director, said the $1.35 million is a “needed” expense for the agency to make the deadlines required under the voter-approved law. Mercer said lawmakers could delay that date.

Revenue Department Spokesman Sanjay Talwani said the agency is “committed to implementing the laws that are passed by the Legislature” but funding is “needed to support the initiative.”

Montanans approved the two ballot initiatives to legalize cannabis in the state by a 58% to 42% margin.

End

South Dakota State Bar Says Lawyers Cannot Serve Cannabis Industry

1/06/2021

by

The State Bar of South Dakota ethics committee said in the latest issue of the Bar newsletter that attorneys in the state may not provide legal services to cannabis industry clients, KELO reports. The guidance comes after voters approved both medical and adult-use cannabis legalization in the state in November.

The opinion cites the South Dakota Bar Rules of Professional Conduct which directs lawyers not to “counsel a client to engage, or assist a client, in conduct the lawyer knows is criminal or fraudulent. However, the rules do allow attorneys to “discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.”

“Rule 1.2(d) does not distinguish between client conduct that is illegal under South Dakota law and client conduct that is illegal only under federal law. It applies to any illegal client conduct,” the guidance states.

“Consequently, Lawyer may not ethically provide legal services to assist a client in establishing, licensing, or otherwise operating a marijuana business. Lawyer may only advise a client considering this course of action about the potential legal consequences of doing so, under either state or federal law, or assist the client in making a good faith effort to determine the validity, scope, meaning, or application of the relevant state and federal law.” – South Dakota Bar via KELO

Similar warnings have been levied in other states that have enacted cannabis reform laws but, in the majority of those cases, subsequent guidance has been issued to clarify that lawyers can work with industry clients.

In 2019, the American Bar Association issued a resolution calling for the federal government to allow state-approved cannabis programs to operate without interference.

End

Abaca Announces Merchant Services for Hemp and CBD Businesses

1/06/2021

by

Payment Processing Now Available Nationwide

NORTH LITTLE ROCK, Arkansas (December 11, 2020) – Since he founded his business, Ryan Croy, co-founder of Honcho & Hoss, CBD for the Everyman, has gone through three credit card processors – not by his choice.

“One pulled the plug on me over the weekend. One said they’d process but bailed before we ever got up and running. One gouged us,” Croy recounts in a saga familiar to many CBD retailers and ancillary cannabis businesses. Card processors – when you can find them – make taking credit cards at the register and the website a continual game of cat-and-mouse.

Those are exactly the problems a new credit card processing program from one of the country’s leading cannabis financial platforms was designed to solve. Abaca Merchant Services is now available to CBD, hemp, cannabis ancillary, and other high-compliance businesses nationwide. The new product offers base rates as low as 3.95 percent – and answers a number of challenges for the business owner.

“Merchant services have long been a pain point for CBD and other high-risk businesses,” notes Abaca CEO Dan Roda. “As with cannabis banking, the CBD financial services space has been plagued by shutdowns, onboarding delays, compliance headaches and, as a result, high costs.”

The Abaca team is utilizing software-driven automation, artificial intelligence, and strong banking relationships to solve these problems – just like they did with the company’s successful cannabis banking program, now operational in nine states and growing. The resulting solution delivers benefits the hemp and CBD industries have been clamoring for:

  • Affordable base processing rates as low as 3.95%
  • Rapid approval and onboarding. Approval in two days; processing within two weeks.
  • Built for both brick-and-mortar and e-commerce retailers
  • Technology-enabled compliance reporting that reduces retailers’ personnel time by as much as 95%
  • A commitment to supporting the growth of the industry from a company built and dedicated to serve cannabis and hemp businesses

“You no longer have to worry about your processor pulling the rug out from under you,” says Roda. “We’ve built Abaca Merchant Services as a reliable payments solution, providing a stable revenue foundation on which to build your hemp, CBD, or ancillary cannabis businesses.”

Additionally, Abaca Merchant Services can be bundled with banking to create an integrated financial solution – Abaca’s platform also connects hemp, CBD, and ancillary cannabis businesses with bank accounts, insurance, access to capital, and more.

“After our CBD online store went dark multiple times due to unstable payment processors, we switched to Abaca Merchant Services,” says Andy Iannou of Transcending Organics. “Abaca offers fair rates but, most importantly, the service is stable. Our store has been consistent in welcoming repeat and new customers.”

To learn more about Abaca Merchant Services, visit our website:

https://info.goabaca.com/cbd-credit-card-processing

About Abaca

Abaca connects state-legal cannabis and hemp businesses with compliant bank accounts, lending, electronic payments, and other financial services through its financial technology-powered cannabis banking platform. Deposit banking services are offered in partnership with chartered banks, Members FDIC. Abaca and its partner banks are currently accepting bank account applications from plant-touching cannabis businesses in Arkansas, California, Illinois, Michigan, Missouri, Montana, North Dakota, Ohio and Oklahoma; the company’s fintech banking platform also provides lending and payment processing solutions to cannabis and hemp/CBD businesses nationwide. Not all products are available in all areas. Learn more at www.GoAbaca.com.

Media Contact

Elizabeth Michael
870.265.0768
Elizabeth@BudAgency.Co

End

New Jersey Lawmakers Propose Penalties for Underage Cannabis Crimes

1/06/2021

by

New Jersey lawmakers have introduced a bill laying out fines and non-criminal penalties for underage cannabis use and possession after Gov. Phil Murphy (D) indicated he would not sign the adult-use legalization package without such provisions, NJ.com reports.

Individuals 18 to 20 caught possessing up to six ounces of cannabis would be subject to a $250 fine, while those under 18 would not have to pay a fine, but could face juvenile delinquency penalties, such as community service. Those 18 to 20 caught with more than six ounces – the legal limit for adults – would face fines of at least $500.

Sen. Nicholas Scutari, a Democrat who has championed cannabis reforms in the state, told NJ.com that the Senate would introduce its own version of the legislation on Thursday. He noted that the Senate and Assembly versions of the bills are not exactly the same. The Assembly Appropriations Committee and Senate Judiciary Committee have each scheduled hearings on the cleanup bills for Thursday.

The broad legalization bills were approved by lawmakers last month as required by an Election Day ballot initiative approved by 67% of New Jersey voters. While some aspects of the law took effect on January 1, officials estimate legal sales will not commence in the state for six to 12 months from the time the bill is signed into law.

Murphy called for penalties to deter underage use to be non-criminal while the legalization bill includes criminal penalties for people who are underage.

End

Michigan Gov. Signs Bill Allowing Veterinarians to Discuss Cannabinoids with Clients

1/06/2021

by

Michigan Gov. Gretchen Whitmer (D) last week signed a bill allowing pet owners to discuss the use of cannabis and industrial hemp for their pets with veterinarians, the Oakland Press reports.

Interestingly, the bill text simply states: “A veterinarian may consult with an owner on the use of marihuana or industrial hemp on an animal of the owner” and defines “marihuana” and “industrial hemp,” leaving the option open for pet owners to discuss any cannabinoid including THC.

During testimony last year supporting the reforms, bill sponsor State Rep. Greg Markkanen (R) said the measure would “make sure … veterinarians are able to have open and honest conversations about the products, so Michigan pet owners can make well-informed decisions about what is best for their animals.”

Dr. Kellie Holmstrom, a veterinarian from Marquette, testified that without the legislation, vets were “not legally able” to have discussions with their clients about cannabis and hemp use for their pets.

“I think we all have the same goal – we want to have happy, healthy pets. That’s why I asked Rep. Markkanen to bring this bill forward so that we can clarify the situation with veterinarians in regard to these products.” – Holmstrom during Jan. 2020 testimony to House Agriculture Committee.

According to cannabis marketing research firm Brightfield Group, spending on CBD for pets reached $31 million in 2018 and increased to $321 million the following year – a spike of 946%. The firm estimates the market will grow to $1.7 billion by 2025.

End

Geomat: Water Processing Solutions for Cannabis Facilities

1/05/2021

by

Geomat is an environmental compliance company that has specialized in wastewater solutions for almost three decades. Most recently, the team is solving issues in the cannabis industry, simplifying large cleaning tasks and ensuring compliant wastewater management. While moving through the marine, car rental, car wash, and cannabis industries, the goal of Geomat has always been to help companies operate in compliance with environmental regulations. Geomat allows these companies to capture, clean, and reuse their water, while complying with federal and state environmental regulations.

Company Founder Al DeChard was refinishing boats for a living when their team noticed that many vessels being manufactured outside of the states contained high quantities of lead. As they worked, the team had to experiment with various materials and tools in an effort to stop environmentally hazardous runoff from leaching into the sea. In that time, DeChard discovered a proprietary solution to treating wastewater that has since been essential in each of the industries Geomat works in.

“I believe this industry is realizing how important it is for water containment and recycling. As states become more stringent with water runoff regulations, it’s important for facilities to have the best viable solution,” said company founder Al DeChard.

When beginning in the cannabis industry, DeChard spent time with cultivators to learn about their challenges and found that wastewater compliance with city ordinances was a major concern. Some companies turn to reverse osmosis to solve this, but this creates a byproduct that still requires disposal. For every five gallons of water treated with reverse osmosis, four gallons of wastewater are produced. Instead, Geomat has two options for cultivation clients looking to treat and reuse water from their site. Their systems can go back into municipalities to be treated by city water systems, but most often clients opt for an on-site, closed-loop system.

In cannabis cultivation sites, each room and the tools within it have to be cleaned to almost surgical standards after harvest. A lot of wastewater is accumulated while cleaning trays and other tools used in cultivation which is time-consuming and awkward, causing a lot of water runoff. Flipping a room after harvest can be expedited when using Geomat products and the company continues to work on meeting cultivator needs. DeChard works directly with clients to learn about their specialized dilemmas in order to shape the Geomat product into an efficient solution.

The Geomat closed-loop system sends used water back into a holding tank where it goes through a proprietary cleaning process. Then the float valve introduces fresh water back into the system to fill the tank back to capacity. When it comes to cleaning tools, DeChard noted that there was a significant amount of water used during this process, so he found a turnkey solution. Geomat builds 10 x 20 ft. cleaning stations built specifically to fit tray tables used to hold and feed cannabis plants. The stations collect overspray from the cleaning process to be treated and reused, enabling all water used in the process to be recycled. Even though it covers a large area, the whole cleaning station can be picked up with a forklift and moved to grow alongside a cultivation site as they expand.

“Geomat is looking forward to helping grow facilities recycle the precious commodity that is water, while helping achieve environmental compliance in the workplace,” DeChard elaborated.

These solutions are novel and necessary for the rapidly growing industry. Electricity and water are two of the most-utilized resources in cannabis cultivation and Al DeChard realized that any way to save water will improve the industry’s ROI. These solutions are not only turnkey, but they’re scaleable — and they demonstrate the love that DeChard has for solving problems. While the turnkey solution works for most, the company founder also enjoys doing custom work and actually has some new ideas to roll out in the next year. As the industry recognizes a growing need for efficient and compliant wastewater management, Geomat continues to innovate — and, in turn, more and more cannabis operators are relying on their proprietary technologies to get the job done right.

End

Cannabis Sales Surpass $1B In Illinois

1/05/2021

by

Combined adult-use and medical cannabis sales topped $1 billion in Illinois, with recreational sales nearing $670 million and medical sales reaching $331 million. Adult-use sales launched in the state on Jan. 1, 2020.

December 2020 recreational cannabis sales were the highest recorded in the state all year – $86.86 million in all. The previous record was October’s $75.3 million.

In all, Illinois residents bought the bulk of cannabis in the state throughout the year – $496.4 million – compared to $172.6 million in purchases from out-of-state resident sales. There are currently 82 dispensaries licensed to sell cannabis to adults in the state. The average price per ounce in the state was $352, according to priceofweed.com.

Through November, the state Department of Revenue reported $150 million in adult-use derived taxes.

State officials on New Year’s Eve announced the expungement of half a million cannabis-related criminal records, a benchmark that was not expected – or legally required – to be completed until 2025.

It’s worth noting that none of the state’s licensed cannabusinesses are majority-owned by a person of color. In June, regulators indicated that social-equity licenses would be awarded in July, but those licenses did not materialize as 2020 came to a close.

According to a Chicago Tribune report, voters in six of seven Chicago suburbs approved ballot questions allowing legal cannabis sales in 2020. Those approvals, though, do not include provisions for social-equity licensing. Cresco Labs, a multi-state operator, last week became the first company to open 10 dispensaries in the state, according to Biz Journals, highlighting the outsized role big corporations have in the Illinois cannabis industry.

End

California Dispensary Settles with Union for $75k in Back Pay

1/05/2021

by

The United Food and Commercial Workers California chapter representing workers at Have-a-Heart dispensaries in Oakland and Santa Cruz have reached a $75,000 back pay settlement with the company for workers who originally missed out on union raises that were due January 2020.

UFCW5 had reached a contract settlement with Have-a-Heart in January of last year; however, soon after Have-a-Heart’s original owners sold their interest in the company’s California operations to Harvest Health, who in turn sold it to High Times Holding Corp. Not three months later. Both Harvest and High Times refused to recognize the January collective bargaining agreement, the union said in a press release, which led to UFCW5 filing charges with the National Labor Relations Board (NLRB) in April 2020.

Jim Araby, UFCW5 director of strategic campaigns, said less than 50 workers were involved in the “hard-fought settlement.” He added that “it was important to show the cannabis industry, even if you sell your company, if there is a union contract you must recognize it.”

A spokesperson for Harvest told Marijuana Business Daily that the company made “a minor contribution to the settlement in the interest of reaching an agreement and moving forward.”

In October, the regional director for NLRB Region 1, which covers New England, determined that the majority of employees at a cannabis cultivation and processing facility are “agricultural laborers” under the federal National Labor Relations Act and, therefore, not subject to federal labor laws related to unionizing. The decision allows unions in Region 1 to organize workers under state rather than federal law but also permits states to deny union rights to agricultural workers if they are exempt from federal labor laws.

The UFCW represents more than 10,000 cannabis industry workers nationwide.

End

GOP Lawmaker Proposes Cannabis Legalization Bill in Missouri

1/05/2021

by

Republican Missouri State Rep. Shamed Dogan has pre-filed legislation that would put an adult-use ballot question to voters in 2022, the Missouri Times reports. The proposal – a constitutional amendment – would regulate cannabis similar to alcohol in the state, allowing use and possession by adults 21-and-older.

The “Smarter and Safer Missouri Act” sets adult-use sales taxes at 12% while medical cannabis taxes would remain at 4%. Funds derived from the program would be used for infrastructure, veterans, and drug treatment programs. The bill also removes caps on cannabis industry licenses.

In an interview with the Times, Dogan described the war on drugs as a “failure” with the “fight against marijuana” as the “most glaring failure” of prohibitionist policies.

“We’ve spent billions of dollars fighting against a drug which is, in the grand scheme of things, the least harmful on the list of what is currently illegal. We spend the most resources and time on it, and it’s time that ends. The public has come to that conclusion, but our laws have been pretty slow in catching up with that.” – Dogan to the Times

In 2018, Missouri voters approved the medical cannabis legalization bill with 65% of the vote. A similar adult-use legalization bill was proposed last session by Democratic Rep. Peter Merideth but was never voted on. Dogan is the first GOP member in the state to introduce legalization legislation.

Legalization activists had sought to put the legalization question to voters during last November’s General Election; however, the effort stalled amid the state’s pandemic-related stay-at-home order in March.

 

End

New Mexico Court Affirms Inmates’ Right to Medical Cannabis

1/04/2021

by

A New Mexico district court judge ruled last week that Bernalillo County’s Metropolitan Detention Center must allow inmates who qualify for medical cannabis access to their medicine, the Santa Fe New Mexican reports.

The case stems from a 2019 drunk-driving conviction of Joe Montaño, who was allowed to serve his 90-day jail sentence from home. One of the conditions, though, was that Montaño not use any illegal drugs. Montaño, a registered patient in the state, did use cannabis as recommended by his physician and was ultimately jailed for 30 days for violating the terms of his house arrest.

Attorneys for Bernalillo County argued that because cannabis remains federally illegal, Montaño’s use “was a violation of law contrary to his agreement to comply with all city, county, state and federal laws and ordinances.”

Second Judicial District Judge Lucy Solimon ruled that the state’s medical cannabis law allowed people in state custody – whether in jail, on house arrest, or probation – who qualify for the program to access medical cannabis.

State Sen. Jacob Candelaria (D), who was also the attorney representing Montaño, said the ruling makes clear that there “is no discretion under the Medical Cannabis Act” with regard to allowing those in the state criminal justice system access to the program.

“While the criminal industrial complex may have pushback or some concerns – take those to the Legislature. Because until such time as the Legislature changes the law, the law is clear: You must under existing law provide incarcerated persons with the ability to access medical cannabis free from penalty. That’s the law.” – Candelaria, in an interview with the New Mexican

In 2019, lawmakers approved a bill allowing medical cannabis access for individuals “serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program.” The state Corrections Department subsequently issued guidance allowing registered patients on parole or probation to use legally-obtained cannabis without penalty.

Candelaria indicated he plans to send notice to the state’s jails and prisons asking them to comply with the 2nd Circuit ruling. He added that if the jails or prisons try to “make things more difficult…the remedy will be more litigation.”

End

Illinois Expunges Half a Million Cannabis Records on New Year’s Eve

1/04/2021

by

The Illinois State Police and Gov. J.B. Pritzker on New Year’s Eve cleared more than a half-million cannabis-related criminal records, the Chicago Sun-Times reports. The Democratic governor issued pardons for 9,129 low-level charges, while the ISP expunged 492,192 bringing the total to 501,321.

The ISP action was required by the state’s adult-use cannabis law, with a Jan. 1, 2025 deadline, meaning the agency completed the process four years early. In a tweet, Pritzker said he had pardoned a total of 20,000 conviction records since the law’s passage in 2019. The law required a total of 47,000 records to be expunged by Jan. 1, 2021.

“We will never be able to fully remedy the depth of the damage in communities of color, who have disproportionately shouldered this burden. But we can govern with the courage to admit the mistakes of our past – and the decency to set a better path forward.” – Pritzker via Twitter

Toi Hutchinson, senior advisor to the governor for cannabis control, said in a statement she is “heartened by the progress we have made towards undoing the harms dealt by the failed war on drugs.”

“We are one year into what will be an ongoing effort to correct historic wrongdoings,” she said in a statement. “The administration remains committed to working with legislators to address any challenges to equity and on building an industry that re-invests in our state’s communities.”

Under the legislature-approved law, 25% of cannabis-derived revenues are directed to communities that have been “disproportionately impacted by the justice system through the Restore, Reinvest and Renew Program.” Officials told NBC Chicago that the program will grant more than $25 million to organizations focused on underserved communities in the coming weeks.

Cannabis sales in the state have totaled $582.2 million since adult-use sales began on Jan. 1, 2020.

End