Missouri Health Officials Request Nearly $900k to Enforce Gov.’s Intoxicating Hemp Ban

10/07/2024

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The Missouri Department of Health and Senior Services (HSS) has requested nearly $900,000 to enforce Gov. Mike Parson’s (R) ban on intoxicating hemp products, according to the agency’s annual budget book. Parson signed the executive order banning the products in August but in a letter to the governor an attorney for HSS said the agency would not enforce large portions of the ban, rather focus on “the identification of ‘misbranded’ products.”   

Secretary of State Jay Ashcroft also rejected the executive order, saying that the emergency rules did not meet certain state law criteria and determining that the alcohol division could not legally conduct inspections, which left food inspectors to handle compliance. Ultimately, state officials created a joint task force to enforce the ban.   

The funding request by HSS aims to hire two full-time public health environmental specialists at $125,000 each and to contract five more inspectors at $400,000 a piece, with two of the contracted positions funded on a one-time basis “to stand up the program” at $150,000. The agency says the use of contractors is “preferred due to the expected decrease in market availability of this product over time.” 

The total request by HSS is $877,000. 

The agency estimates that there are 40,000 food establishments and smoke shops and 1,800 food manufacturers that could potentially be affected by the governor’s order, “but the majority of these facilities are at low-risk of requiring investigation.” 

In the request, HSS estimates that a staff of seven could conduct between 2,900 to 3,500 site visits annually. 

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Delaware Receives 1,260 Adult-Use Cannabis Applications

10/07/2024

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Delaware’s Office of the Marijuana Commissioner has received more than 1,260 adult-use cannabis business applications ahead of the September 30 deadline, the Delaware News Journal reports. The state made more than $4 million from application fees as open application fees cost $5,000, microbusiness fees run $3,000 and social equity fees cost $1,000. 

The state will hold a lottery to deal out the licenses, the first round, for cultivation licenses, is set for October 24. The applications will first be reviewed by regulators. 

More than half of the applications were for “Open Retailer” and social equity retail licenses. Open licenses are for anyone, anywhere in the state. Social equity applications are designated for communities disproportionately affected by past cannabis laws and are intended to benefit people with past cannabis-related convictions and people who have lived for at least five of the past 15 years in “disproportionately impacted areas.” The applicant or someone in their immediate family must also have a prior cannabis-related conviction. 

A retail-only lottery is expected to take place in November or early December. Applicants that are selected in the lottery are given conditional licenses and then advance to a more rigorous second round. Applications from hopefuls that are not selected in the lottery will be kept if a second-round applicant is ultimately not awarded a license.   

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West Virginia Supreme Court to Hear Case of Probationer Denied Medical Cannabis Access by Court

10/07/2024

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The West Virginia Supreme Court is set to hear the appeal of an individual on probation who was denied medical cannabis access by a judge, WV News reports. Kyle John Schober is currently serving probation for possession of cocaine with intent to deliver and, under West Virginia law, individuals on probation can’t violate federal or state law – and cannabis possession for any purpose remains federally illegal.  

In the Supreme Court filing on behalf of the state, Assistant Attorney General Jason David Parmer argues that the federal Controlled Substances Act’s “prohibition of marijuana trumps West Virginia’s authorization of medical cannabis because the ‘Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail.’”   

“It is beyond peradventure that federal power over commerce is superior to that of the State to provide for the welfare or necessities of their inhabitants, however legitimate or dire those necessities may be.’ — Parmer, in a brief, via WV News 

Schober’s attorney, Assistant Public Defender Jonathan O’Dell, contends that the lower court’s decision to bar his client from medical cannabis access should be overturned due to the state’s statutory construction law, which is based on the principle that a law’s purpose is to reflect the intent of lawmakers and the courts are responsible for determining the intent of the General Assembly when it is important to apply statutory materials.   

O’Dell further argues that the 12-factor test provided to Schober “has no basis in West Virginia law or jurisprudence” and has resulted in a “subjective determination by the lower court that was almost impossible, if not impossible, for [Schober] to satisfy to the lower court’s satisfaction, and thus, was an abuse of discretion.” 

The case is expected to be heard on Wednesday. 

 

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Pennsylvania Considers Expanding Who Can Officially Recommend Medical Cannabis

10/07/2024

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Pennsylvania could allow nurse practitioners and podiatrists to recommend patients to the state’s medical cannabis program under proposals awaiting approval from the state’s health secretary, according to a Spotlight PA report. The policy changes were recommended by the state’s Medical Marijuana Advisory Board and would add thousands more health professionals who are capable of making medical cannabis recommendations.

Nurse practitioners were originally unable to make recommendations for the Pennsylvania medical cannabis program but lawmakers gave regulators the ability to make such expansions down the line. Under the latest proposals, podiatrists would also be included — but only for severe, chronic, or intractable pain specific to the feet, the report said.

The proposals would still require nurse practitioners and podiatrists to apply and complete a four-hour training course before they could recommend patients for the program.

“What is Pennsylvania scared of? Is it the cannabis? Or is it the nurse practitioner? If you’re scared of either one of those, then you don’t understand either one of those.” — Nurse practitioner Judy Jenks, via Spotlight PA

The Pennsylvania Board of Nursing said last November that it supported letting nurse practitioners and podiatrists make medical cannabis recommendations, the report said.

The Bureau of Medical Marijuana’s director Laura Mentch previously noted that telehealth appointments have expanded the options for those seeking a practioner’s recommendation.

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Campaign Seeks to Decriminalize Natural Psychedelics In Portland, Oregon

10/07/2024

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Activists in Portland, Oregon say they planning to put a ballot measure to decriminalize possession of naturally occurring psychedelics on local ballots in 2026, Marijuana Moment reports. The effort launched this year after lawmakers opted to undo the voter-backed drug decriminalization initiative that was passed in 2020.

Specifically, the Portland Psychedelic Health Act aims to make enforcement of drug laws relating to “naturally occurring” psychedelics the lowest possible priority for local police. The initiative would cover natural psychedelics like psilocybin mushrooms, ayahuasca, and mescaline, but not peyote, which is a federally protected cactus. The initiative would also establish a Psychedelics Advisory Panel to recommend new psychedelics-related guidances for the city.

“This Act recognizes that Portlanders have long consumed natural psychedelics for personal, health, and spiritual reasons, and that they will continue to do so. In addition to creating more safety and education around psychedelics, this Act protects the possession and use of these natural substances, making them the lowest priority for law enforcement in our city.” — Excerpt from the initiative

The campaign is set to begin gathering signatures in early 2025 to secure its spot on the 2026 ballot. Supporters of the initiative will need to collect about 40,000 votes, the report said.

The Portland campaign is supported by David Bronner, CEO of Dr. Bronner’s soap company, which previously gave $1 million to support the successful campaign to legalize medical psilocybin in Oregon.

Oregon was the first U.S. state to pass a blanket drug decriminalization policy in 2020 but, despite being approved by the majority of voters, lawmakers opted to walk back the policy this year. Oregon voted during the same election to also legalize the therapeutic use of psilocybin.

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New York Officials Release Multi-Year Cannabis Industry Report

10/04/2024

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A three-year implementation report by the New York Office of Cannabis Management (OCM) and Cannabis Control Board (CCB) documenting the state’s adult-use cannabis reforms process was released on Thursday, highlighting industry trends, the successes and shortcomings of the state’s equity program, and more.

According to the report, 1,342 adult-use cannabis licenses have been issued, including more than 200 retailers, and 67% of New York-based cannabis consumers reported having purchased from a legal source. Additionally, the state-wide adult-use market generated $653.9 million in revenue in 2023.

The report also noted that 54.7% of the adult-use licenses have been awarded to applicants eligible for the state’s social equity program, surpassing the goal of 50% set by the state. However, only about 20 operators so far have utilized the Cannabis Social Equity Investment Fund.

New York’s legalization law includes expungement provisions covering more than 400,000 cannabis-related crimes, the report said, and more than 200,000 convictions have already been sealed, with another 107,000 awaiting sealing.

Tremaine Wright, Chair of the Cannabis Control Board, said in an introduction to the report that despite some “growing pains” for the industry — Gov. Kathy Hochul (D) earlier this year called the state’s adult-use roll-out a “disaster,” for example — the regulatory agencies “acknowledge the opportunities to build upon what we’ve started and look forward to continuous improvement and adaptation to meet the rapidly evolving needs of our cannabis community and industry.”

“I am proud to report that we continue to surpass our statutory goals in building a richly diverse and vibrant market. OCM has worked closely with us to design a dynamic and responsive licensing and compliance framework – true cornerstones of the market – which we continue to improve upon each and every day” — Wright, excerpt from the report

The report also noted that regulators have carried out 1,341 inspections on adult-use cannabis operators, leading to 1,135 violation notices. The report said that law enforcement has seized over 27,318 lbs. of unlicensed cannabis products since the industry’s launch, nearly $120 million worth.

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Hopeful Cannabis Licensees Camp Out for 3 Weeks for First-Come, First-Serve Licenses

10/04/2024

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Cannabis operators pursuing a retail license in the Detroit, Michigan suburb of Redford have spent three weeks camping out in the line to apply, Crain’s Detroit Business reports.

The Redford Township area is one of the last jurisdictions in the area to allow adult-use cannabis sales and the competition for licenses there is steep. When the ordinance allowing adult-use cannabis sales was approved in the summer, local officials opted for a first-come-first-serve licensing process, which prompted hopeful licensees to begin lining up last month.

The report said dozens of cannabis operators were waiting in line by the time the application window opened on Thursday morning — and only about 12 licenses will be awarded in Redford due to local zoning restrictions on cannabis businesses.

A business leader in the line told Crain’s they had spent an extra $22,000 covering the wages of their employees as they work in shifts to maintain the company’s spot in line. Redford Township Clerk Gary Christie told WXYZ that the line started on September 10.

Meanwhile, Michigan cannabis sales are booming throughout the state: state-licensed retailers set another new sales record with $295.4 million in August, and the average price-per-ounce recently dropped to an all-time low of less than $80. In March, the Michigan cannabis industry sold more products than any other state, beating out California for the first time in monthly licensed cannabis sales.

 

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House Democrats Call for ‘Swift Action’ on Cannabis Rescheduling

10/02/2024

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In a letter to Drug Enforcement Administration (DEA) head Anne Milgram, Congressmen Jarrold Nadler (D-NY) and Fran Pallone Jr., (D-NJ) called for “swift action” by the agency to transfer cannabis from Schedule I to Schedule III of the federal Controlled Substances Act (CSA). 

Nadler is a ranking member of the House Committee on the Judiciary, while Pallone, Jr. is a ranking member of the chamber’s Committee on Energy and Commerce.

“We value the Department of Justice’s steadfast commitment to prevent the misuse and diversion of controlled substances that pose a threat to public health. Amidst a devastating opioid and overdose crisis, it is imperative that law enforcement and public health agencies focus efforts on the biggest threats to Americans. When Congress passed the CSA, it recognized that our scientific and medical understanding is constantly evolving and granted the Attorney General and the Secretary of [Health and Human Services] important responsibilities in ensuring that the law reflects this knowledge.” — Nadler and Pallone Jr. in the letter  

In October 2022, President Joe Biden (D) directed the Justice Department to initiate the process to make the change. In May, the agency began that process, which Biden described at the time as “monumental.” As part of the proposal, the DEA opened a public comment period and, according to a Headset analysis, nine out of the 10 comments backed the rescheduling plan, with many calling for descheduling cannabis entirely.  

The DEA has set the rescheduling hearing for December 2 – less than a month after the election. 

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Arkansas Ballot Initiative to Expand Medical Cannabis Access Fails to Qualify for November Ballots

10/02/2024

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The proposal to expand Arkansas’ medical cannabis program will not qualify for November ballots because advocates were short more than 2,000 signatures, the Associated Press reports. Secretary of State John Thurston on Monday said Arkansas for Patient Access had collected 88,040 of the 90,704 signatures needed to put the issue to voters. 

Arkansas for Patient Access has indicated it plans to take legal action against the decision. In a statement, the group called Thurston’s rejection of the signatures an “arbitrary” last-minute rule change. 

“The overwhelming support shown through the petition process proves that Arkansans want the opportunity to vote on expanded medical marijuana access. Arkansans for Patient Access will continue to fight for their right to make that decision at the ballot box this November.” — Arkansas for Patient Access in a statement 

In July, the state told the group it had fallen short of the signature goal but that the proposal had qualified for an additional 30 days to circulate petitions. 

The ballot initiative sought to allow registered patients to grow medical cannabis at home, certify additional health providers including osteopathic doctors, nurse practitioners, physician’s assistants, and pharmacists to recommend patients for the program, and allow such health providers to recommend medical cannabis treatments to anyone they think would benefit from the program. The initiative also includes telemedicine expansions, permits out-of-state patient IDs, increases the registration period for patients from one year to three years, and removes program application fees for patients. 

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California Cannabis Enforcement Operation Seizes 2,652 Plants

10/02/2024

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California Gov. Gavin Newsom (D) on Monday announced that the state’s Unified Cannabis Enforcement Taskforce (UCETF) seized more than $2.3 million in illegally cultivated cannabis, including 2,652 plants in a single operation along with “multiple bags” of illegal pesticides. 

“Illegal cannabis from outside the safe, regulated market poses serious health risks and fuels criminal organizations responsible for devastating environmental damage.  I thank our state and local enforcement agencies for their collaboration in taking down this illegal enterprise, protecting both public safety and the environment from the harmful impacts of the illicit cannabis market.” — Newsom in a statement 

During the operation, UCETF removed nearly 117 pounds of processed cannabis flower and 2,652 cannabis plants that were cultivated in an industrial building, along with several containers of harmful pesticides. One person was arrested for the unlicensed cultivation of cannabis, unlicensed possession of cannabis for sale, maintaining a drug house, and possession of an unregistered pesticide.   

In a statement, Department of Pesticide Regulation Deputy Director of Enforcement Ken Everett said “It is critical that any pesticide used on cannabis is registered and all laws and regulations are followed.”  

“Enforcing these laws protects people and the environment from potential risks and impacts associated with pesticide use,” he said.   

According to the Governor’s Office, since its inception, UCETF has seized over $465 million in unlicensed cannabis by serving 309 search warrants. The task force has also eradicated 470,435 illegal cannabis plants, seized 150 illegal firearms, and arrested 38 individuals. 

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California Gov. Signs Bill to Let Cannabis Cafes Serve Food & Host Live Music

10/02/2024

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California Gov. Gavin Newsom (D) signed a bill on Tuesday to let cannabis cafes in California serve food and drink and host live performances, the San Francisco Chronicle reports. This comes one day after he vetoed a bill that would have allowed small cannabis growers to sell products directly to consumers.

Authored by Assemblymember Matt Haney (D), the latest proposal addresses concerns the governor expressed last year when he vetoed the state’s previous proposal to legalize cannabis lounges. At the time, Newsom said that allowing such businesses “could undermine California’s long-standing smoke-free workplace protections” — so this year’s proposal carries requirements for participating companies to evaluate their working conditions and post appropriate warnings, and for local authorities to consider setting new ventilation and/or filtration requirements.

“Lots of people want to enjoy legal cannabis in the company of others. That is now finally legal in California and there’s no doubt that cannabis cafes will bring massive economic, cultural and creative opportunities and benefits to our state.” — Haney, via the San Francisco Chronicle

The rules will take effect starting January 1, 2025, giving jurisdictions the time to establish their own local rules for handling and/or allowing the state-legal cannabis cafes.

The bill, which was backed by the United Commercial and Food Workers union, passed the Assembly 63-5 and passed the Senate 30-7.

Previously, state law permitted on-site cannabis consumption but the businesses were not allowed to sell other types of consumables, such as infused food or beverages.

 

 

 

 

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Kamala Harris Says ‘We Need to Legalize’ Adult-Use Cannabis

10/02/2024

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For the first time since becoming the Democratic nominee for president, Vice President Kamala Harris (D) voiced her opinions on cannabis reforms, reaffirming in a podcast interview released Monday that she believes in legalizing adult-use cannabis.

“I just think we have come to a point where we have to understand that we need to legalize it and stop criminalizing this behavior,” Harris told the hosts of “All the Smoke,” a sports podcast.

“I just feel strongly people should not be going to jail for smoking weed. And we know historically what that has meant and who has gone to jail.” — Harris, in the interview

Despite her early career as a prosecutor responsible for jailing many cannabis offenders, Harris first endorsed the full legalization of cannabis while serving as a U.S. Senator for California.

Harris’s position on cannabis policy goes further than that of President Joe Biden, who this year initiated the rulemaking process to move cannabis from Schedule I to Schedule III under federal law.

Meanwhile, the vice president’s opponent in this year’s presidential race, former President Donald Trump (R), last month announced a major shift in his opinions on cannabis policy, saying that he supports the federal rescheduling of cannabis to Schedule III and giving cannabis companies access to banking services. Trump also said that he is planning to vote “yes” on Amendment 3, Florida’s adult-use cannabis legalization amendment, during the election this November.

Notably, recent polling suggests that voters in several key battleground states strongly favor the legalization of medical and adult-use cannabis; poll respondents also said they supported giving the industry access to traditional banking.

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Elevate Holistics Expands Telehealth Medical Marijuana Recommendation Services to Three New States

10/01/2024

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Elevate Holistics, a leading telemedicine platform, is thrilled to announce the expansion of its medical marijuana recommendation services to three new states: Arizona, Minnesota, and Connecticut. The brand’s goal has always been to make medical cannabis more accessible through telehealth solutions — and this expansion aims to do just that.

Elevate Holistics has helped over 125,000 people get their MMJ cards nationwide. Now, this expansion into AZ, MN, and CT will allow even more residents to conveniently obtain medical marijuana certifications from the comfort of their homes. The company’s user-friendly platform connects patients with expert MMJ doctors who can quickly and efficiently evaluate their eligibility for medical marijuana in compliance with specific state laws.

Not only will residents in these new states gain access to medical cannabis more easily, but they can also get help with the state registration portion of the MMJ process. With Elevate Holistics’ Full-Service add-on, the team helps patients register with the state’s medical marijuana program, making the final steps as straightforward as possible.

Even though recreational cannabis is legal in these states, having a medical marijuana card grants patients access to lower tax rates, medical-only discounts, and often higher allotments due to medical conditions.

For those in Arizona, Minnesota, or Connecticut looking for a trusted and convenient way to obtain a medical marijuana card, Elevate Holistics offers a solution that is both legitimate and accessible. The entire process, from consultation to certification, is completed online in minutes, making it easier than ever for patients to get the medical cannabis they need.

For more information on how to obtain a medical card from Elevate Holistics, or the other states the company services, visit elevate-holistics.com.

About Elevate Holistics:

Elevate Holistics is a pioneering telemedicine platform dedicated to assisting patients in securing medical cannabis certifications. With a commitment to quality, convenience, and patient satisfaction, Elevate Holistics has been at the forefront of making medical cannabis accessible to over 125,000 patients and counting. By leveraging state-of-the-art technology and medical expertise, Elevate Holistics ensures a seamless, efficient, and compassionate experience for all patients in 20 different states across the US.

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Ohio Adult-Use Cannabis Sales Exceed $76.2M in Under Two Months

10/01/2024

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Adult-use cannabis sales in Ohio have exceeded $76.2 million in under two months of sales, according to Division of Cannabis Control (DCC) data. Since the launch of adult-use sales in August, retailers in the state have sold 8,813 pounds of “plant material” and 1,187,395 units of manufactured products.

The average price for cannabis products continues to drop month-over-month with the average cost per gram falling from $24.24 per one-tenth of an ounce of flower from the first week of September to $23.74 during the second week. The average price per gram of flower fell from $8.57 to $8.39 during that same timeframe, while the manufactured product sales average fell from $30.39 to $30.04. 

Currently, there are 124 dispensaries in the state that are licensed to sell both medical and non-medical cannabis products. According to Ohio State University’s Moritz College of Law, as of September 23, 111 municipalities and townships have passed moratoriums prohibiting adult-use cannabis businesses from operating within their borders. Most of those bans are in communities with a population of 10,000 or less. Twenty-five are in communities with a population between 10,001 and 20,000; 27 are in communities with a population between 20,001 and 50,000; and six in communities with a population of 50,000 or more. 

Major cities in the state host the most adult-use dispensaries, according to the college: Columbus has 13, Cincinnati has 10, Dayton has six, and Cleveland has five.  

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Vermont Regulators Pause Accepting New Retail Cannabis Licenses

10/01/2024

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Vermont regulators last week paused accepting new cannabis retail and some cultivation applications, WCAX reports. Cannabis Control Board Chair James Pepper said the decision is meant to curb the “problem of retail saturation.” 

“You can’t get a bank loan to start a cannabis company. You can’t have a line of credit to make ends meet at the end of the month. If you’re short on cash, you don’t have bankruptcy protection. You have to pay exorbitant taxes. You can’t write off the normal business expenses that you would if you were any other business. And so you kind of stack all those up, and it’s a very challenging market.” — Pepper to WCAX 

Pepper told VT Digger that there is a “really unnatural distribution” of retail licenses in the state due, in part, to the number of communities – about 30% – that prohibit their operation. In all, there are more than 80 dispensaries in the state. 

In just under two years, the state has issued just over 90 retail cannabis licenses. Individuals looking to apply for a retail license or tier two cultivation licenses – which allow cultivation up to 2,500 square feet – have until November 15 before the board imposes the pause. 

Since October 2022, only two cannabis retailers have gone out of business in Vermont, the report says. There are 10 dispensary applications still pending.  

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Judge Allows Parts of Lawsuit Challenging Medical Cannabis Petitions to Move Forward

9/30/2024

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A Lancaster County, Nebraska judge is allowing parts of the lawsuit challenging the two petitions to legalize medical cannabis to move forward, WOWT reports. In an order last week, Judge Susan Strong said that while the petitions had cleared the state’s “single-subject” rule and that they did contain enough information about the sponsors, the claim that Secretary of State Bob Evnen failed to strike duplicate signatures would be allowed to proceed in court. 

The lawsuit was filed earlier this month by John Kuehn, a former State Board of Heath member, veterinarian and rancher who has opposed any form of cannabis legalization.  

In the order, Strong noted that precedent would allow some clerical and technical errors to be disregarded if that information could be inferred from other evidence in the petition, such as the date it as signed, but that it was important to determine whether the alleged errors fell into that category, and allowed the two counts on signature disputes to proceed to arguments.    

In a statement, Crista Eggers, with Nebraskans for Medical Marijuana, said the groups was “grateful” for Strong’s “decision to dismiss the single subject and sponsor sufficiency claims against our ballot initiatives today” and that the organization “will continue to exercise all legal options” in the challenge against the signatures.  

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DEA Wants More Psychedelics for Research Purposes

9/30/2024

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The Drug Enforcement Administration (DEA) last week proposed increasing its 2024 production quotas for research-grade psychedelic compounds including psilocybin, psilocin, and ibogaine, according to a Lucid News report.

The revised production agenda, posted in a notice to the Federal Reserve, calls for increasing production of from 20,000 to 30,000 grams of psilocybin and from 24,000 to 36,000 grams of psilocin, a 50% overall increase. The numbers also represent DEA’s new production quotas for those substances for 2025.

The agency also called for increasing ibogaine production in 2025 from 150 to 210 grams but did not call for increasing the production of MDMA or DMT, the report said.

The agency said the increased production rates are necessary to drive and support new research into the effects and potential applications of psychedelic substances, many of which are Schedule I substances under federal law.

“These proposed increases are to support research and clinical trials by DEA-registered schedule I researchers. These proposed increases demonstrate DEA’s support for research with schedule I controlled substances. The proposed increases reflect research and development needs as part of the process for seeking the FDA approval of new drug products.”  — Excerpt from the DEA notice

Previously DEA announced massive boosts to its psychedelics production rates in 2022 in preparation for a significant research push. The agency has also proposed decreasing next year’s production rates of fentanyl, hydrocodone (for sale), hydromorphone, and oxycodone (for sale).

Additionally, the FDA recently awarded “breakthrough therapy” designations to both psilocybin and MDMA — although the agency later highlighted concerns about the initial investigations into MDMA as a potential treatment for post-traumatic stress disorder (PTSD).

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Ukraine Sets Medical Cannabis Qualifying Conditions

9/30/2024

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Officials with Ukraine’s Ministry of Health have approved a list of health conditions to qualify patients for the country’s new medical cannabis program, Marijuana Moment reports.

Per the rules, the program covers about 20 conditions including cerebral palsy, childhood epilepsy, chemotherapy-related complications, neuropathy, shingles, Parkinson’s disease, and weight loss due to eating disorders. The program does not specifically list post-traumatic stress disorder (PTSD) as a qualifying condition despite messaging by supporters, including President Volodymyr Zelensky, that suggested medical cannabis would be available to those affected by the country’s ongoing war with Russia, which invaded Ukraine in 2022.

Health officials can add additional qualifying conditions down the road.

The new cannabis program was signed into law by the president earlier this year and took effect last month. Under the law, the Agrarian Policy Minister will set cannabis cultivation and processing regulations, and the National Police and State Agency will regulate the distribution of medical cannabis products.

President Zelensky said during an address to Parliament last year that the country should employ “all the world’s best practices,” specifically calling to “finally fairly legalize cannabis-based medicines for all those who need them, with appropriate scientific research and controlled Ukrainian production.”

Zelensky also voiced support for the legalization of medical cannabis during his 2019 campaign for president.

 

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FBI: Over 200K Cannabis Arrests in 2023, Racial Enforcement Disparity Continues

9/27/2024

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In 2023, U.S. law enforcement made over 217,000 arrests for marijuana-related offenses, with possession alone accounting for 84 percent of those arrests, according to new data from the FBI. While this marks a slight decrease from the previous year, when over 227,000 marijuana arrests were reported, advocates argue that the numbers are still unacceptable given the growing public support for legalization.

In addition, the new data reveals that racial disparities in enforcement remain an ongoing issue. Black Americans, who represent about 13.6 percent of the U.S. population, accounted for 29 percent of drug arrests in 2023, according to the data. This is consistent with long-standing evidence that people of color are disproportionately targeted for cannabis-related offenses, even though usage rates between racial groups are similar.

Although the data shows a slight decline in cannabis arrests from the previous year, NORML’s Deputy Director Paul Armentano pointed out that the data provided by the FBI is incomplete. “At a time when voters and their elected officials nationwide are re-evaluating state and federal marijuana policies, it is inconceivable that government agencies are unable to produce more explicit data on the estimated costs and scope of marijuana prohibition in America,” he stated. The specific issues highlighted by NORML include:

  • Incomplete Reporting: Some law enforcement agencies do not report crime data to the FBI, leading to an undercount of cannabis-related arrests. For 2023, 10% of agencies failed to submit data, covering 6% of the U.S. population.
  • Inconsistent Data: The FBI’s reporting contains discrepancies, with varying arrest numbers across different sections of their report, making it hard to draw consistent conclusions.
  • Unclear Classification: A category for “unspecified drug abuse violations” includes over 53,000 arrests, making it unclear how many of these might involve marijuana.
  • Inadequate Coverage of Federal Data: The DEA’s annual report on federal marijuana arrests and seizures for 2023 has not been released, leaving a gap in understanding national cannabis enforcement trends.
  • Estimation Procedures: FBI estimates some figures using data from participating agencies, meaning the total number of arrests is not an exact count but an approximation, further complicating the assessment of cannabis enforcement.
  • Impact on Policy: The incomplete and inconsistent data hinder the ability to accurately assess the scale and costs of prohibition, complicating efforts to reform cannabis laws and address the consequences of criminalization.

With a growing consensus among voters and political leaders favoring legalization, calls to address the inequities in cannabis enforcement are intensifying. Both current U.S. Presidential candidates have called for cannabis to be legalized, and a DEA hearing regarding the proposed reclassification of cannabis as a Schedule III substance under the Controlled Substances Act is scheduled for December 2nd.

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Report: Federal Government Should Play Larger Role in Cannabis Reforms

9/27/2024

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A recent report sponsored by the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH) says the federal government should play a larger role in cannabis policy. The report, Cannabis Policy Impacts Public Health and Health Equity, appeared in the 2024 National Academies of Sciences, Engineering, and Medicine edition.

Dr. Steven Teutsch of the University of Southern California, the committee chair behind the report, told the Associated Press, “We’d like the federal government to step up to provide some leadership in this area.”

“While ongoing research is crucial, applying the core public health functions — assessment, policy development, and assurance — now will lead to better and more consistent policies for cannabis legalization and improved public health and health equity.” — Excerpt from the report

The report recommends that federal agencies like the NIH and CDC support a cannabis research agenda, monitor state legalization experiments, and create regulatory best practices with an emphasis on reducing youth access. For Congress, the report recommends closing the Farm Bill loophole which allows intoxicating, hemp-derived THC products at the federal level, and removing federal barriers to cannabis research. For jurisdictions with state-level cannabis reforms, the report recommends cannabis retail worker training and certification requirements, the automatic expunging of low-level cannabis offenses, and adopting and enforcing the quality standards for medicines and dietary supplements set by the U.S. Pharmacopeia.

Cannabis is still strictly prohibited under federal law but the Biden Administration announced plans in May to move cannabis to Schedule III, which would keep cannabis federally illegal but at a less-restricted level. The DEA has scheduled a December 2 hearing for expert testimony on the issue.

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Kentucky Issues First Medical Cannabis License

9/27/2024

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Kentucky Gov. Andy Beshear (D) on Thursday announced the state’s first medical cannabis business license will go to KCA Labs, a Nicholasville testing facility that already tests for cannabinoids and pollutants in hemp and other natural products, WLKY reports.

The license for KCA Labs is the first license awarded by the state under the state’s medical cannabis legalization reforms signed into law by the governor last April.

“I love that the first license is going to an entity that helps us do this safely. Our Office of Medical Cannabis has established strict regulations, and a safety compliance facility like KCA will guarantee all Kentucky cannabis is held to the highest medical standards.” — Beshear, in a statement

Kentucky received nearly 5,000 applications for medical cannabis business licenses, including 4,076 applications for retail dispensary licenses. Under state law, there can only be a limited number of medical cannabis cultivators, processors, and retailers in the state. The licenses for such entities will be available by lottery later this year while the permits for testing facilities, which are not capped in the state, will not be awarded by lottery.

While the state has begun the process of licensing medical cannabis operators to serve the market, cannabis patients in Kentucky have to wait until January 1, 2025, to apply for the program.

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L.A. County Officials Call for Deplatforming Unlicensed Dispensaries on Sites Like Yelp, Google

9/25/2024

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The Los Angeles County Board of Supervisors on Tuesday approved a motion to “deplatform” unlicensed cannabis dispensaries from online platforms, including Google and Yelp, the Los Angeles Times reports. 

In the measure, the Board notes “the transition to a legal cannabis marketplace has faced challenges, including high taxes and barriers to entry for legal dispensaries and cultivation facilities.”  

“These challenges have led to a continued unregulated market for cannabis, including many unlicensed dispensaries in some communities. Unlicensed dispensaries are problematic for many reasons, including that their products are untested and may be mislabeled; they do not pay taxes; they promote the illegal cultivation of cannabis, which often comes with many environmental impacts; and their lower prices undercut the legal market.” — “Deplatforming Unlicensed Cannabis Dispensaries,” 9/24/24 

The measure adds that unlicensed dispensaries “are also often the targets of violence due to the large amounts of cash on-hand and the reduced likelihood of their illegal operators reporting crimes to law enforcement.” 

According to a Pew Research Center study released in February outlined in the measure, Los Angeles County is home to about 10% of the total number of dispensaries estimated to operate nationwide, with nearly 1,500 retailers. However, California Department of Cannabis Control data indicate that, as of 2022, only 384 of those dispensaries hold valid state and local licenses. 

The goal of the measure is to encourage the operators of Google, Yelp, Facebook, and Instagram to remove ads and pages for the illegally operating businesses. 

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Maryland Collects Nearly $22.4M in Cannabis Taxes During Q2

9/25/2024

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From April to June, Maryland collected nearly $22.4 million in cannabis taxes – a 52% increase from the previous quarter – according to state data.  

Most of the funds, nearly $11.2 million, were sent to the state’s General Fund as required by state law, with about $7.8 million directed to the Community Reinvestment and Repair Fund, and about $1.1 million dispersed to Maryland counties and municipalities and another $1.1 million sent to the state’s public health and business assistance funds.

The majority of the state’s cannabis taxes – more than $11.3 million – derived from sales that occurred in the Central region of the state. Western region sales led to about $3.8 million in collected taxes, while Capital region sales led to about $3.2 million in collected taxes, followed by the Eastern region (about $3 million), and Southern region ($873,597), according to data from the Comptroller’s Office.

In Maryland, adult-use cannabis sales carry a 9% sales tax, of which 5% is sent to local government. In a blog post, the Maryland Association of Counties notes that share is “among the lowest shares nationwide.”

“Despite local responsibilities for managing zoning, public safety, and health impacts related to cannabis businesses, local governments receive a mere 45 cents for every $100 in cannabis sales,” the post states. “Other states, like New York and Oregon, offer counties a fairer share through excise or sales taxes, but Maryland’s counties remain financially strained as they manage these growing responsibilities.”

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Poll: 1 in 7 Minnesota Voters Have Consumed a THC Product in Past Month

9/25/2024

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Only one in seven Minnesota voters have consumed cannabis or hemp-derived THC products in the past month, according to a Mason-Dixon Polling & Strategy survey outlined by MPR News. Just 14% of respondents said they had used a THC product in the past month despite cannabis reforms taking effect in August 2023 that allow residents 21-and-older to possess, consume, and cultivate cannabis.

Rules allowing sales to adults and other industry operations are still being promulgated by state regulators.

The survey also found 61% of respondents back federal legalization of cannabis, with 34% opposed and 5% unsure.

According to the poll, just about the same share of men and women had consumed cannabis in the past month at 13% and 15%, respectively. More Democrats and independents (18% each) said they had consumed a cannabis product within the past month, compared to 6% of Republicans. More younger voters (19%) said they had consumed cannabis in the past month compared to their older counterparts: 17% of voters 35-49; 13% of voters 50-64; and 9% of voters 65-and-older. People with (13%) and without (15%) college degrees also consumed cannabis in the past month at similar rates, according to the survey. Black, Indigenous, and people of color had consumed cannabis at a slightly higher rate (17%) than their White counterparts (14%), but the survey notes the differences in use among race and college education “are not statistically meaningful.”

The poll includes 800 likely voters between September 16 and 18 with a margin of sampling error plus or minus 3.5 percentage points. 

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