Ganjapreneur.com

South Dakota Could Legalize Adult-Use and Medical Cannabis This Year

10/26/2020

Nearly three-fourths (74 percent) of South Dakota voters said they intend to vote in favor of medical cannabis legalization during the General Election, according to a Mason-Dixon Polling & Strategy survey outlined by Aberdeen News.

The poll also found that 51 percent of respondents would support the constitutional amendment to legalize cannabis for adults, which will also appear on next month’s ballot. The poll found 44 percent opposed to the adult-use reforms with 5 percent undecided. The measure would impose a 15 percent tax on recreational-use product sales.

Drey Samuelson, political director for South Dakotans for Better Marijuana Laws, indicated that, generally, issues that poll above 50 percent are usually successful. However, the poll had a 4 percent margin of error which could impact election day results.

“We knew this was going to be close, so this isn’t exactly a surprise, but I feel cautiously optimistic that we’ll win.” – Samuelson to Aberdeen News.

The poll found 73 percent of Democrats support the amendment, along with 58 percent of independents and third-party registrants. Just 34 percent of Republicans polled supported the reforms.

David Owen, president of the South Dakota Chamber of Commerce and Industry who is supporting the opposition group No Way on A said he feels good that there is a large polling difference between the support for medical and recreational proposals.

“One of our primary goals is to get voters to understand that you don’t have to vote for both of those to get medical marijuana, and this seems to indicate that that message is getting through to the voters,” he said in the report.

The poll was conducted in partnership between Argus Leader Media and KELO TV. It included more than 600 likely voters from across the state via telephone from October 19 to 21.

South Dakota joins Arizona, Mississippi, Montana, and New Jersey with ballot questions to legalize either medical or recreational cannabis use.

End

USDA Approves New Mexico Hemp Plan

10/26/2020

The U.S. Department of Agriculture has approved New Mexico’s hemp plan which will take effect for growers licensed after October 31. The state’s Economic Development Department anticipates at least 400 hemp-related jobs from Local Economic Development Act funding.

Gov. Michelle Lujan Grisham (D) said the industry “can be an economic game-changer” for the state’s agricultural communities.

Jerry Walker, CEO and president of Independent Community Bankers Association of New Mexico said the USDA approval “is good news” for both hemp cultivators and the community banks that serve them.

“The diligent efforts of the [New Mexico Department of Agriculture] will pay dividends for years to come as the industry grows and matures. New Mexico’s community banks have been pleased to support this effort and the economic development that will benefit many areas of the state.” – Walker in a statement

Officials note that the state’s rules for the 2019 and 2020 growing season already closely aligned with the 2018 Farm Bill – which legalized hemp throughout the U.S. – but the USDA-approved plan provides more clarity for operators.

New Mexico Agriculture Secretary Jeff Witte said the USDA-approved plans “provide uniformity among states, as everyone is held to the same standards.”

This month, the USDA also approved Michigan’s hemp plan, bringing the total approved by federal regulators to 30, along with Puerto Rico and the U.S. Virgin Islands. The USDA website now lists 10 plans under review, four states as operating under USDA rules, and three continuing under 2014 pilot programs.

Alaska is listed as “drafting a plan” for approval, while Colorado’s is “pending resubmission,” and Idaho lawmakers still have not approved legislation to legalize the crop in the state.

End

Shawn Kemp Opening Seattle’s First Black-Owned Dispensary

10/23/2020

Update: Shawn Kemp’s Cannabis has since walked back its claims of being Seattle’s first Black-owned cannabis dispensary after it was revealed that Kemp owns just a 5% stake in the company. We will leave this story up for the sake of transparency. Click to learn more.

Former National Basketball Association (NBA) star Shawn Kemp is opening Seattle, Washington’s first Black-owned cannabis dispensary on October 30. Kemp, drafted by the Seattle Supersonics in the first round of the 1989 draft, played for the team until 1997 and was a six-time NBA All-Star and three-time All-NBA selection.

The near 4,000-square-foot dispensary, Shawn Kemp’s Cannabis, is located near the Climate Pledge Arena and the Space Needle. He said he hopes his company “will be an inspiration for people to get involved with the legal cannabis industry, especially people of color.”

“My name is on this company and I have worked hard to bring Shawn Kemp’s Cannabis to fruition. I want to provide nothing short of the best selection, customer experience and prices in Seattle. I have incredible partners in Matt Schoenlein and Ramsey Hamide to make sure we deliver on that promise to our customers, who are our top priority.” – Kemp in a statement

Schoenlein and Hamide are the co-founders of Main Street Marijuana, whose three shops have eclipsed $150 million in sales since the company’s founding in 2014.

Kemp resides in Seattle and is also part-owner of Amber’s Kitchen, a restaurant in the Belltown district of the city. He previously owned a sports bar called Oskar’s Kitchen which closed in 2015.

Kemp was arrested in Harris County, Texas in 2006 for possessing less than 2 ounces of cannabis, according to an ESPN report. In 2005, he was arrested for felony cannabis possession over 40 grams, cocaine possession, and possessing a firearm. He has remained clear of legal issues since.

Kemp will be joined by former teammate and NBA Hall of Famer Gary Payton for the shop’s grand opening.

End

Montana Supreme Court Rejects Lawsuit to Block Legalization Initiative

10/23/2020

The Montana Supreme Court has rejected a challenge by Wrong for Montana against the ballot initiative to legalize adult-use cannabis sales in the state, MTPR reports. The anti-legalization group argued that the question violates the state constitution because it appropriates funds which is not allowed by Montana initiatives under state law.

The legalization proposal – Initiative 190 – would establish a 20 percent tax on non-medical cannabis sales, directing the money to the state’s general fund and other programs.

J.D. “Pepper” Petersen, spokesperson for the pro-legalization group New Approach Montana, told the Missoulian that language in the initiative outlining where the taxes would be directed are a “suggestion” and that lawmakers will have the final say in how they are appropriated if the reforms are approved.

The court ruled that the lawsuit failed to show the necessary urgency to be heard by the state’s highest court – rather than on the merits of the argument – and suggested plaintiffs take the case to district court, the report says.

Steve Zabawa, director of SAFEMontana, one of the groups comprising Wrong for Montana, indicated the group filed the case in district court on Thursday, a day after the Supreme Court’s rejection.

Dave Lewis, policy advisor for New Approach Montana, described the lawsuit as an “old tactic… to try to confuse voters.”

The legalization push in the state includes the tax-and-regulate proposal along with a complimentary proposal – Constitutional Initiative 118 – which would amend the state constitution to set the minimum age for cannabis consumption at 21-years-old, according to the Missoulian.

According to the MTPR report, as of Wednesday, nearly 290,000 Montanans had already cast their general election ballots.

End

West Virginia Chooses Metrc as Traceability Vendor

10/23/2020

West Virginia has chosen Metrc to be its traceability vendor, putting the state one step closer to opening its long-awaited medical cannabis system. Already used in fifteen states and D.C., West Virginia chose Metrc to help ensure no illicit products are sold in the legal medical cannabis market and to prevent diversion of legal medical cannabis onto the illicit market, according to a Metrc press release.

“This is an important step to make certain medical cannabis is available only to West Virginians with serious medical conditions and to prevent diversion of products in West Virginia. While the COVID-19 pandemic has put many industries across the country on hold, we’re proud to say that it has not stopped West Virginia from meeting its deadlines and laying the groundwork for a safe, regulated medical cannabis market.” — Jason Frame, Director of the West Virginia Office of Medical Cannabis, in a press release

West Virginia passed medical cannabis in 2017 but has yet to serve any patients due to banking concerns and licensing delays.

When the system is finally up and running, registered patients can expect to have access to the following, according to the West Virginia Office of Medical Cannabis:

Pills,
Oils,
Topical forms including gels, creams, or ointments,
Forms medically appropriate for administration by vaporization or nebulization,
Dry leaf or plant forms,
Tinctures,
Liquids,
Transdermal patches.

The West Virginia medical cannabis roll out made other news this week when it was revealed that many of the states license cannabis cultivators were out-of-state firms. The Office of Medical Cannabis expects sales to begin in the Spring of 2021, four years after the original bill was signed.

End

Purdue Pleads Guilty to Criminal Opioid Practices

10/22/2020

Purdue Pharma has pleaded guilty to illegally pushing its infamous OxyContin product and faces a potential $8.3 billion in federal penalties, the New York Times reports. Members of the wealthy Sackler family, which owns Purdue Pharma, also agreed to pay $225 million in civil penalties. Prosecutors with the Department of Justice, however, said that further criminal charges against Purdue executives and the Sacklers themselves were not yet off the table.

OxyContin — which was first released on the market in the mid-1990s — is widely considered an early driving factor of the ongoing opioid crisis that has killed more than 450,000 Americans. Purdue has been accused of pushing the addictive opioid too aggressively and with illegal marketing tactics that included financial kickbacks to doctors who overprescribed the drug.

Steve Miller, chairman of the board for Purdue, said, “Purdue deeply regrets and accepts responsibility for the misconduct detailed by the Department of Justice in the agreed statement of facts.”

The Sackler family issued a statement, however, that they “acted ethically and lawfully,” and that, “The board relied on repeated and consistent assurances from Purdue’s management team that the company was meeting all legal requirements.” The Sacklers — who are worth an estimated $13 billion, largely due to OxyContin sales — are also controversially seeking to have the family dropped from the litigation process as part of the Purdue settlement conditions.

The federal settlement is only the latest development in a large and crowded effort to hold Purdue accountable, which includes litigation from states, tribes, counties, and cities from around the US who claim the company’s aggressive marketing fueled the opioid crisis and resulted in massive costs related to health care, law enforcement, and unemployment. According to the report, however, the company is unlikely to pay anything close to the $8.3 billion settlement because it sought bankruptcy protection in light of the many lawsuits it faced.

Critics also suggested that the federal settlement was rushed to create a win for President Trump ahead of the upcoming election — Trump’s promise to address the opioid crisis was a big focus of his 2016 campaign.

“The D.O.J. failed. Justice in this case requires exposing the truth and holding the perpetrators accountable, not rushing a settlement to beat an election. I am not done with Purdue and the Sacklers, and I will never sell out the families who have been calling for justice for so long.” — Maura Healey, the Massachusetts Attorney General, via the NY Times

A final settlement for the individuals, states, tribes, counties, and cities who are also seeking compensation for the crisis could total more than $10 billion and is expected early next year.

End

IRS Can Audit Cannabis Companies Under New Appeals Court Ruling

10/22/2020

The U.S. 10th Circuit Court of Appeals has ruled that the Internal Revenue Service (IRS) has the authority to obtain financial records from Colorado cannabis companies, Colorado Politics reports.

In her opinion, U.S. District Judge Mary Beck Briscoe said the arguments brought by the plaintiffs challenging the IRS’s “ability to investigate and impose tax consequences” are “familiar” to the courts.

“The dispensaries have lost every time,” she said, adding that “the same result is warranted here.”

The Green Solution, a Denver-based firm that had been audited by the IRS for tax years 2013 and 2014, was a plaintiff in the case, along with Medicinal Oasis, LLC, Medicinal Wellness Center. The Green Solution lost a previous case in 2017 to prevent the audit.

Medicinal Oasis and Medicinal Wellness Center were under IRS audit for tax years 2014 through 2016. The firms had asked for immunity from federal drug prosecution before providing details about their businesses to the IRS, which was rejected. The businesses claimed the IRS was using the veil of the audit to uncover non-tax-related illegal dealings – which is prohibited under federal case law.

The government said that the IRS had “nothing to uncover” as the businesses openly – and legally in the state they operate – “sell marijuana to the public.”

“Medicinal Wellness Center promotes itself as ‘a full service marijuana superstore’ [and] Medicinal Oasis claims to have the ‘largest selection of cannabis in the world!’ If the Federal Government someday elected to pursue prosecution of petitioners under the Controlled Substances Act, a visit to their websites, stores, or superstores (as the case may be) would almost certainly provide an ample basis to begin an investigation.” – IRS attorneys in a legal brief, Speidell et al. vs USA

The IRS said The Green Solution and its pass-through businesses did not substantiate their tax information to the government’s satisfaction. The agency requested – and will now obtain – product tracking details from the Marijuana Enforcement Division and Marijuana Enforcement Tracking Reporting and Compliance (METRC), the seed-to-sale tracking system used in the state.

End

More Cannabis Companies Targeted By Class-Action Suits

10/22/2020

A growing number of cannabis businesses are being sued for violating the Federal Telephone Consumer Protection Act (TPCA) according to an investigation by Marijuana Business Daily. The report found at least 12 class-action lawsuits from around the country that alleged cannabis businesses spammed customers with deals and sales, starting in May 2018.

“These cases are often low-hanging fruit for litigious attorneys,” said Michael Sampson, a Pittsburg-based attorney, in the report. “Businesses should triple-check their marketing approaches.” Sampson also said such settlements can sometimes reach six figures and could bankrupt a fledgling cannabis business.

California-based attorney Mark Roth also warned cannabis companies to be careful.

“It’s the new ambulance chasing. If you don’t agree to pay a would-be plaintiff’s demand — which could be substantial — on the grounds that you had their consent to send them the text message at issue, they can still sue you anyway and you would be forced to defend the matter, which will cost more than the initial demand amount.“ — Roth, in an interview with MJBizDaily

Roth said that to avoid a potential lawsuit, it’s important to get written consent before businesses send any marketing materials to customers.

“Consent, consent, consent. Kind of like location, location, location,” he said. “That’s the holy grail, if you will, of protecting yourself from liability. If you have consumer consent … you’re fine. You’re bulletproof.”

The cannabis delivery service Eaze solutions was one of the first cannabis companies sued for “unsolicited” text messages in 2018, according to the report. A San Diego resident sued for $2000 per unsolicited text, but the case was later dismissed and sent to private arbitration. Some of the other cases uncovered by the investigation ranged from cultivation supply companies to dispensaries/retail stores in Colorado, California, and Washington.

A report in April by the global law firm Goodwin found that class-action suits against cannabis companies rose 116% from the years 2018-2019.

End

USDA Approves Michigan Hemp Plan

10/22/2020

The U.S. Department of Agriculture (USDA) has approved Michigan’s industrial hemp plan, which will go into effect on December 1. The state had been operating under a 2019 pilot program that licensed 631 cultivators and 517 processor-handlers this year.

Under the plan, growers will no longer be able to collect their own samples for analysis at Michigan Department of Agriculture and Rural Development (MDARD) laboratories. Instead, growers must contact the agency to schedule an appointment for agency staff to collect the samples. The hemp must be harvested within 15 days of the test results. The plan also includes specific methods for destroying crops that are determined to be non-compliant.

The rules require cultivators to provide a “legal description” of the property the hemp is grown on and provide that information to the USDA Farm Services Agency. Under the current rules, growers already had to provide an address, GPS coordinates, acreage and maps.

The pilot program requires all applicants to submit a criminal drug history, and the new rules require growers with any felony drug convictions outside of Michigan to submit a Federal Bureau of Investigation background check.

In a press release, Republican state Senator Dan Lauwers, who sponsored the Industrial Hemp Growers Act, called the state’s pilot program “a great success” and that “Michigan farmers will benefit greatly from being able to grow hemp under the 2018 Farm Bill and Michigan’s USDA approved Hemp Growers Program.”

The approval brings the total of USDA-approved state hemp plans to 29, along with approved plans for Puerto Rico and the U.S. Virgin Islands. According to the USDA website, 11 submitted plans remain under review, four states will operate under USDA rules, and three are continuing under their 2014 pilot programs.

Alaska is the only state listed as “drafting a plan” for USDA review, Colorado’s plan is “pending resubmission,” while Idaho has not submitted any hemp plan for the agency as it still has pending legislation to legalize the crop.

End

Cannabliss Employees Become First in District to Unionize

10/22/2020

Workers at Cannabliss last week became the first in the District to unionize, voting unanimously to ratify a collective bargaining agreement with United Food and Commercial Workers International (UFCW) Local 400.

Cannabliss is the only 100 percent Black-owned and operated dispensary in Washington, D.C. The five-year pact covers 13 staff.

Norbert Pickett, owner of DC Holistic Wellness, home of the Cannabliss dispensary, said in a statement that the union contract offers “employees greater pay, paid time off, and paid holidays, as well as retirement plans, additional accredited training and health care insurance.”

Additionally, the contract guarantees pay increases every six months in addition to an annual cost of living wage adjustment, paid time off for vacations, personal days, bereavement, and to vote, protection from unjust discipline or termination, and grievance procedures to resolve disputes with management. Healthcare benefits are provided through UFCW National Health and Welfare Fund.

The contract agreement with Cannabliss is part of a growing trend of cannabis industry workers voting to unionize. UFCW says it represents more than 10,000 industry employees nationwide.

Mark Federici, UFCW Local 400 president, said that in the “emerging” cannabis industry, “it is critical that we establish the highest possible job standard, with living wages and comprehensive benefits.”

“By taking this historic step, these workers have set a meaningful precedent for the cannabis industry in the District,” he said in a statement.

UCFW Local 400 represents 35,000 members working in the grocery, retail, health care, food processing, service and other industries in Maryland, Virginia, Washington, D.C., West Virginia, Ohio, Kentucky, and Tennessee.

End

Trump Team Issues Cease-and-Desist to Stop Cannabis Advocates from Quoting Him

10/21/2020

The group behind the medical cannabis ballot initiative in Mississippi has received a cease-and-desist letter from President Donald Trump’s re-election campaign claiming the activists deceptively used his image, name, or likeness in support for Initiative 65, WLBT reports.

In the letter, Michael S. Glassner, the chief strategist for the Trump campaign, said I65 mailers included “misleading communications,” adding that the president “has never expressed support” for the initiative. The mailers, sent by Mississippians for Compassionate Care, urge voters to “Join President Trump” and includes quotes from the president from 2015 and 2019 supporting medical cannabis and state decisions to legalize its use.

Mississippians for Compassionate Care Communications Director Jamie Grantham said the mailers are only sharing “the truth” about Trump’s supportive comments regarding medical cannabis reforms.

“The politicians and bureaucrats behind Mississippi Horizon clearly orchestrated this letter from the Trump campaign. It’s just the latest example of the lengths to which they will go to prevent any form of medical marijuana in Mississippi. President Trump himself has said he supports medical marijuana and is letting the states decide. Initiative 65 is the only plan on the ballot that will create an actual medical marijuana program in Mississippi.” – Grantham to WLBT

Mississippians will vote next month on two competing medical cannabis legalization measures – one created by activists and another put on the ballot by lawmakers. The activist-led proposal, a constitutional amendment, would create a more comprehensive program allowing 20 “debilitating conditions” to qualify for the program.

I65A would require lawmakers to enact a program that would only grant access for medical cannabis to terminally ill patients, require pharmaceutical-grade cannabis products, and leave tax rates, possession limits, and other details to the legislature.

A September poll from WLBT found 81 percent of likely voters support medical cannabis legalization in the state.

End

Study: More Seniors Using Cannabis to Treat Common Ailments

10/21/2020

A recent study published in the Journal of the American Geriatrics Society found that 61 percent of participants – all 65-and-older – started using cannabis after age 60 with 53 percent of the 568 surveyed saying they used cannabis on a daily or weekly basis.

The majority – 78 percent – said they used cannabis exclusively for medical purposes. Pain and arthritis were the most common conditions respondents were using cannabis to treat (73 percent), followed by sleep disturbance (29 percent), anxiety (24 percent), and depression (17 percent). About half of those surveyed obtain their cannabis in dispensaries, with lotions (35 percent), tinctures (35 percent), and smoking (30 percent) being the most common administration forms.

Nearly all (94 percent) of respondents said their family knows about their cannabis use, with about half saying their friends knew, but just 41 percent said their healthcare provider knew.

Kevin Yang, co-first author and third-year medical student at UC San Diego, indicated that the survey suggests more older users are willing to tell their physician about their cannabis use, “which reflects that cannabis use is no longer as stigmatized as it was previously.”

Dr. Alison Moore, senior author and chief of the Division of Geriatrics in the Department of Medicine at UC San Diego School of Medicine, said the study’s findings “demonstrate the need for the clinical workforce to become aware of cannabis use by seniors and to gain awareness of both the benefits and risks of cannabis use in their patient population.”

“Given the prevalence of use, it may be important to incorporate evidence-backed information about cannabis use into medical school and use screening questions about cannabis as a regular part of clinic visits.” – Moore in a statement

The authors conclude that “cannabis use by older adults is likely to increase due to medical need, favorable legalization, and attitudes.”

Patients surveyed in the study were seen at the Medicine for Seniors Clinic at UC San Diego Health over a period of 10 weeks.

A recent study by Israel’s Haifa University School of Public Health suggests that senior citizens who use medical cannabis to treat chronic pain show no signs of cognitive decline.

End

Massachusetts Approves Expanded Cannabis Delivery Licensing

10/21/2020

The Massachusetts Cannabis Control Commission on Tuesday approved regulations for expanded cannabis home delivery, the Boston Globe reports. The agency will allow “warehouse” delivery licenses – which will allow companies to buy from the wholesaler, resell online, and deliver to the customer – beginning next year.

Despite the objection of brick-and-mortar dispensaries, officials said the expansion would cut into the unregulated delivery market.

Social-equity applicants will have exclusive access to all delivery licenses for the first three years, which begins when the first delivery business is licensed. The state previously approved regulations for “courier” delivery permits which allow drivers to pick up orders from a dispensary and deliver them to a customer for a fee. However, the state has yet to issue any final licenses to the 37 companies that have received courier certification.

Commission chairman Steve Hoffman called the approval “a necessary, imperative step to create equity in this marketplace . . . and minimize the illicit market.”

David Torrisi, president of the Commonwealth Dispensary Association, told the Globe that his organization was “very disappointed” by the decision, adding that the group may consider legal action. Trade groups in Los Angeles, California recently sued the city over its plan to offer delivery licenses exclusively to social equity applicants until 2025.

“The public, municipalities, and legislators haven’t had enough time to digest this proposal, and I don’t think the commission has done enough analysis to determine the impact on the supply chain and the marketplace.” – Torrisi to the Globe

The commission also approved a ban on third-party cannabis delivery platforms from having a financial interest in more than one delivery licensee in an effort to prevent the monopolization of delivery services. They also banned the “ice cream truck” model, which prevents delivery drivers from having pre-loaded vehicles anticipating orders.

The “warehouse” rules include security provisions requiring two drivers in every delivery vehicle and preventing deliveries to towns that have banned adult-use cannabis businesses.

End

Missouri’s First Medical Cannabis Dispensaries Now Open

10/21/2020

Missouri’s first two dispensaries opened over the weekend, nearly two years after the state passed a constitutional amendment legalizing medical cannabis, the Associated Press reports. The dispensaries, located near St. Louis, are the first of 192 dispensaries that the Missouri Department of Health and Human Services intends to have open by the end of the year.

“Missouri patients have always been our North Star as we work to implement the state’s medical marijuana program. We greatly appreciate how hard everyone has worked so that patients can begin accessing a safe and well-regulated program.” — Dr. Randall Williams, director of the Department of Health and Human Services, via AP

Patients stood in long lines and paid up to $125 per eighth to purchase some of Missouri’s first legal medical cannabis products.

Kim Haller, a patient suffering from MS who had grown frustrated with her treatments — which included expensive medications and injections — told the AP, “It helps with my spasticity, which means my muscles don’t move like I like them to, and sleep.”

Missouri passed a full-plant medical cannabis constitutional amendment in 2018. After registering with the state, patients can purchase up to four ounces for a 30-day supply and can grow up to six plants at home. Two caregivers growing in the same space can have up to twelve clones, vegetative plants, and flowering plants. If one of those caregivers is a patient, an additional six plants in each category is allowed, according to Missouri patient FAQs.

End

US Attorney Promotes “Gateway Drug” Fears with Anti-Cannabis Editorial

10/20/2020

In an op-ed published Monday, U.S. Attorney for the District of Montana Kurt Alme called on voters to “review” and “understand” the “serious ramifications” of the ballot initiative to legalize cannabis. The op-ed relies on old “Reefer Madness” tropes including gateway theory, addiction, and the unsubstantiated claims that legalization leads to a rise in traffic fatalities.

In interviews with Reuters, two former federal prosecutors said Alme’s decision to publish his opinion on a state ballot question weeks before the election was unusual.

William Nettles, the former U.S. Attorney for the District of South Carolina went so far as to call the move “an abuse of authority” and described it as “abnormal behavior” for a sitting state prosecutor.

Barbara McQuade, a former U.S. Attorney for the Eastern District of Michigan, described Alme’s decision to weigh in on the question as “highly unusual and improper.”

A spokeswoman for Alme’s office, Clair Johnson Howard, defended the prosecutor’s decision, telling Reuters that the op-ed “was intended to educate voters on an issue that significantly impacts the enforcement of federal criminal law and is a topic about which U.S. Attorney’s Offices have much information.” The op-ed does stop short of calling on voters to reject the proposal.

Alme’s op-ed also claims that cannabis use – specifically smoking – “can increase the risk of severe complications from COVID-19” despite several studies that have found THC and CBD could be used as tools in mitigating cytokine storms, a potentially fatal symptom of the disease.

Montana is one of five states voting on initiatives to legalize cannabis medically or recreationally this November. Cannabis remains outlawed federally, although U.S. attorneys do not enforce federal law in states that have passed legalization laws as long as the businesses comply with state statutes.

End

Boy Who Became Face of Medical Cannabis in UK Gets His Medicine

10/20/2020

The boy who became the figurehead of medical cannabis policy changes in the United Kingdom is set to receive his first bottle of cannabis-derived medicine on the two-year anniversary of the reforms, the Telegraph reports.

Billy Caldwell, now 15-years-old, suffers from epilepsy and has battled with the National Health Service (NHS) for two years to obtain the oil on a state-funded prescription. The fight included a legal battle in the Northern Irish High Court.

His treatment will be overseen by several physicians and is believed to be the first-of-its-kind in the nation to include THC. Other children approved for medical cannabis use in the UK receive CBD medicines.

His mother, Charlotte, said she received the news last week that a care plan had been drawn up for her approval.

“You can’t imagine how relieved I am to have received this confirmation after all these years of campaigning. I am incredibly grateful to the health authorities in Northern Ireland who have worked with Billy’s treating clinician and prescriber, his GP and the pediatric neurology team at Great Ormond Street Hospital to develop and approve this plan.” – Caldwell to the Telegraph

In July, the NHS indicated plans to manufacture medical cannabis products itself and that it had reviewed a clinical trial design for its potential use as a treatment for epilepsy, according to the Telegraph. In August, the agency announced a trial of the Medipen, a CBD vaporizer.

Last year, the NHS approved cannabis-derived pharmaceuticals Sativex and Epidiolex for use through the service.

End

LA Sued for Prioritizing Social Equity Licensees for Cannabis Delivery

10/20/2020

Los Angeles, California and the Department of Cannabis Regulation are being sued over plans to issue stand-alone cannabis delivery licenses exclusively to social-equity applicants until 2025, the Associated Press reports. The lawsuit does not seek to limit such applicants to obtain licenses but wants all businesses the equal opportunity to apply.

The lawsuit was filed by cannabis firm Ganja Goddess, and trade groups Southern California Coalition and the California Cannabis Couriers Association. Ganja Goddess CEO Zachary Pitts described the regulations – which were revised in July – as a “death blow.”

The July regulation revisions came in response to a lawsuit against the city by the Social Equity Owners and Workers Assn. That deal saw the city agree to bolster its social equity program if the trade organization dropped its lawsuit.

Under the initial rules – scrapped under the reforms – Los Angeles was required by law to issue 20 licenses under a delivery pilot program. The lawsuit alleges that the plaintiffs’ rights were violated by “unreasonable delay and poor handling of the licensing process, followed by a change in the law,” according to the report.

Under Los Angeles’ adopted social equity rules, the city replaced its first-come, first-served system in favor of a lottery system, and narrowed the ZIP codes eligible for social equity licensing relief in the city after it was discovered that some wealthier, affluent, white neighborhoods were included among the list of ZIP codes eligible for the program. Licensing officials now use police reporting districts which officials say better target the communities most affected by the drug war for the licenses.

End

Virginia’s First Medical Cannabis Dispensary Now Open

10/20/2020

Virginia’s first full plant medical cannabis processor has opened in Bristol. Dharma Pharmaceuticals is one of four medical cannabis processors allowed to open across the state. Dharma opened to provide both high CBD and high THC oil-based products. Three other processors are expected to open in Portsmouth, Richmond, and Manassas.

Lisa Smith, who lobbied for the new law, drove from Richmond to purchase the first dose for her daughter Haley, who suffers from the intractable seizure disorder Dravet Syndrome.

“There’s been so many people on this journey, it’s kind of surreal that it’s happening.” — Lisa Smith, via WJHL

Virginia was recently the 27th state to decriminalize up to an ounce of cannabis, and now is the 34th state to implement a full-plant medical cannabis system.

In Virginia, any diagnosed condition will qualify a patient for medical cannabis with a “practitioner’s signature.” Once certified, patients must register with the Virginia Board of Pharmacy to access medical cannabis from processors like Dharma Pharmaceuticals. Individual doses are limited to ten milligrams and flower is not allowed. Virginia is the latest state to pass medical cannabis rules but not allow for home cultivation.

In September, Virginia lawmakers advanced legislation to expunge cannabis criminal offenses that have been since been overruled or otherwise dismissed, such as under the state’s decriminalization law.

End

Sean Worsley, Purple Heart Vet Jailed in Alabama, Released on Parole

10/19/2020

The Alabama Board of Pardons and Paroles on Wednesday released Sean Worsley, the disabled, Black, veteran who had been jailed for eight months for possessing legally-obtained medical cannabis, according to the Alabama Political Reporter.

Worsley served in the Iraq War and received a Purple Heart but was also diagnosed with post-traumatic stress disorder and declared 100 percent disabled by the Department of Veterans Affairs. He had received a medical cannabis recommendation for PTSD from his home state of Arizona.

In a statement, his wife Eboni said the couple is “grateful to be able to pick up the pieces and begin rebuilding” their lives. She expressed gratitude toward the Parole Board “for showing the public the heart of the warm welcoming spirit of the people” she’s met since moving to the state.

“My faith in THE MOST HIGH has been further solidified in the demonstration of the law functioning in Alabama to help and not harm individuals via the parole board.” – Eboni Worsley, in a statement, via the Political Reporter

Chey Lindsey Garrigan, executive director of the Alabama Cannabis Industry Association, called the “compassion” shown by the board “a commendable act that should be acknowledged.”

Worsley was arrested in 2016 for cannabis possession in Gordo after an officer approached he and his wife while they were getting gas claiming their music was too loud. Eboni complied but the officer claimed he smelled cannabis, searched the car, and found medical cannabis obtained through New Mexico’s program.

In 2017, as part of a plea deal, Worsley agreed to five years of probation, including drug treatment, but claims that the VA would not let him access their drug treatment program because he doesn’t have a drug problem.

The district attorney’s office in Alabama said Worsley was kicked out of the VA program for failure to comply and ordered him to appear in Pickens County court. Worsley claims that he did not know about the court date and was subsequently charged with failure to appear, which led to his probation to be revoked and being declared a fugitive from justice.

Worsley was then arrested in Arizona for possession of cannabis with an expired medical cannabis ID card and extradited to Alabama where, earlier this month, a judge upheld his five-year prison sentence.

Democratic State Rep. Neil Rafferty, a post-9/11 veteran who advocated for Worsley’s release, said news of his parole “is welcomed and to be celebrated.”

“The case of Sean Worsley deals with a convergence of several issues. It deals with Alabama’s harmful marijuana laws, particularly concerning medical marijuana,” Rafferty told the Political Reporter. “It deals with our country’s misunderstanding and treatment of veterans returning home and transitioning to civilian life. And it deals with excessive policing – that put suspicion on a man doing nothing more than listening to the radio and playing air guitar to his wife.”

Advocates had been calling for Worsley’s release since last summer.

End

Explosion at New Mexico Cannabis Plant Leaves Two Workers Critically Injured

10/19/2020

An explosion at New Mexicann Natural Medicine on Thursday left two workers in critical condition, the Albuquerque Journal reports. It is the second explosion that caused injuries at the plant in the last five years.

The Department of Health told the Journal that the explosion occurred in the immediate vicinity of the company’s chemical extraction equipment, but the exact cause was still under investigation. DOH spokesman David Morgan said the agency immediately issued a notice of suspension to New Mexicann, revoking their manufacturing approvals. The notice, issued to New Mexicann Executive Director Carlos Gonzales, specifically references “compressed gas” extractions.

According to the report, the accident is being investigated by New Mexico and Santa Fe fire officials, the DOH, and the federal Occupational Safety and Health Administration (OSHA). Officials said two male employees suffered from burns on their heads and torsos and were transported by air ambulance to the hospital.

Gonzales did not comment on the accident.

A previous explosion at the plant in 2015 severely burned two employees involved in the extraction process. Following that incident, OSHA cited the company for 12 “serious” health and safety violations and fined it $13,500. The state Occupational Safety and Health Bureau (OSHB) cited the company for seven serious violations and levied a $7,250 fine for that accident, according to NM Political Report.

The OSHB violations related to the 2015 explosion state that New Mexicann failed to provide a work environment “free from recognized hazards that were causing or likely to cause death or serious physical harm to employees” and workers “were exposed to being caught in an explosive atmosphere.” The violation also said the equipment was not designed for use with the “cannabinoid extraction process,” according to the Political Report.

The company has five locations throughout the state, including another in Santa Fe, Española, Las Vegas, and Taos.

End

West Virginia Licenses Mainly Out-of-State Firms for Medical Cannabis Cultivation

10/19/2020

West Virginia officials have awarded 10 medical cannabis cultivation licenses more than three years after the state legalized medical cannabis, the Inter-Mountain reports. However, most of the licenses were issued to companies that are either based, or have principal offices and company officers in, other states.

The companies selected include:

Armory Pharmaceutical Inc.
Blue Ridge Botanicals Ltd.
Buckhannon Grow LLC
Columbia Care WV LLC
Harvest Care Medical LLC
Holistic WV Farms I LLC
Mountaineer Holding LLC
Mountaineer Integrated Care Inc.
Tariff Labs LLC
Verano LLC

Jason Frame, Office of Medical Cannabis director, called the license awards “a big step” in the process, adding that the state used a Scoring Review Team to make recommendations for licenses. That team, Frame said, was not required to give preference to West Virginia-based businesses. He indicated that four of the 10 chosen firms are “majority-owned” by West Virginians.

“We thought we had a well-rounded scoring team based again on their backgrounds. They were very diverse in that group. They looked at things, like the operational plans that the facility submitted, their security plans, plans to prevent diversion, which of course is our primary mission with the Office Medical Cannabis, and also the background and education on the folks that will be working there also.” – Frame to the Inter-Mountain

Of the denied businesses – 32 in all – 13 had principal offices in the state with residents as managers and directors; five included a mix of West Virginians and out-of-state interests, the report says.

Mike Weaver, owner of Redbud Hill Naturals LLC, which was denied a license, said he spent $250,000 trying to secure a license, which wiped out his retirement savings.

As part of the application process, cultivation applicants had to pay a nonrefundable application fee of $5,000, a $50,000 permit fee, and were required to have a minimum of $2 million in assets, with $500,000 in cash in deposit at a bank to be considered.

“If I can use what I had to try to help other folks – not only with the medical cannabis itself, but to create all these jobs here in our area – I was willing to stick my neck out and do that. And this is what I get out of it?” he said in an interview with Inter-Mountain, adding that the application reviewers “should have been given a priority” for in-state applicants.

The state’s law only allows medical cannabis products in pill, oil, topical, or vaporized products. In June, officials said medical cannabis sales were still two to three years away.

End

Study: Cannabis May Help Patients with OCD Symptoms

10/16/2020

A study published in the Journal of Affective Disorders found a reduction in obsessive-compulsive disorder (OCD) symptoms following inhaled cannabis use. The researchers analyzed data from 87 individuals who self-identified with OCD and tracked their compulsions, intrusions, and/or anxiety immediately before and after 1,810 cannabis use sessions over 31 months.

The Washington State University researchers found patients reported a 60 percent reduction in compulsions, a 49 percent decrease in intrusions, and a 52 percent drop in anxiety from before to after cannabis use. The researchers note that there was no placebo group.

“Higher concentrations of CBD and higher doses predicted larger reductions in compulsions. The number of cannabis use sessions across time predicted changes in intrusions, such that later cannabis use sessions were associated with smaller reductions in intrusions. Baseline symptom severity and dose remained fairly constant over time.” – “Acute Effects of Cannabis on Symptoms of Obsessive-Compulsive Disorder,” Journal of Affective Disorders, Oct. 6, 2020

In a statement, NORML Deputy Director Paul Armentano said that there have been few studies assessing the “potential efficacy of cannabis for the mitigation of symptoms of OCD.”

“As such, these findings, though somewhat limited by the study’s design, indicate that cannabis – and, in particular, varieties high in CBD – holds promise as a therapeutic option for OCD patients and should be furthered examined in more rigorously designed controlled setting,” he said.

A study published in May in the journal Depression and Anxiety – the first-ever placebo-controlled study analyzing cannabis use in adults with OCD – included 12 participants and concluded that while self-reported OCD symptoms and anxiety were reduced by cannabis use, it ultimately “has little acute impact on OCD symptoms and yields smaller reductions in anxiety compared to placebo.”

End

Cannabis Firms Consider IPOs Anticipating a Biden Presidency

10/16/2020

Several cannabis and hemp companies are planning initial public offerings in a bet that Democratic candidate Joe Biden will win next month’s election, Reuters reports. Representatives from Flora Growth, Gage Cannabis, BioMedican, and Vertical Wellness each indicated plans to go public next year, in part, due to the growing possibility of a Biden win in November.

The report notes that following the September 29 presidential debate, stock in cannabis companies with US operations, including Curaleaf Holdings, Cresco Labs Ltd, and Green Thumb Industries Inc, rose more than 20 percent. A post-debate FiveThirtyEight analysis suggests that Biden received a slight bump in the polls following the debate, while Republican President Donald Trump’s rating dipped slightly.

Flora Growth CEO Damian Lopez said he believes the election “will be a huge catalyst” for U.S. cannabis industry growth, adding that “regardless of who wins, more and more states are showing their support for cannabis.”

Polls also show Democrats have a strong chance at taking control over the Republican-led Senate, which would replace Majority Leader Mitch McConnell who has blocked cannabis-related legislation from reaching the floor for a vote. Last year, the Democrat-controlled House approved the SAFE Banking Act – the first time Congress had considered stand-alone cannabis-related legislation but it has not been introduced to the full Senate. The House had also scheduled a vote on the MORE Act, which would remove cannabis from the Controlled Substances Act, but that vote was delayed as lawmakers turned their attention to coronavirus relief.

Michael Underhill, chief investment officer at Capital Innovations, told Reuters that Congress would need to pass bills reforming cannabis law and normalizing the industry in order to put US cannabis firms on the same regulatory plane as their Canadian counterparts. However, he said, Biden’s recent rise in the polls is “a dramatic change in expectations from three months ago, when it appeared Donald Trump would most likely win re-election.”

Biden, along with his running mate Sen. Kamala Harris – California’s former attorney general – have expressed support for cannabis law reforms. Last month, Harris said a Biden Administration would pursue decriminalization policies – which she reiterated during the vice presidential debate last week. In February, Biden said that cannabis is “at the point where it has to be, basically, legalized” but his platform does not include outright legalization.

End

Get the daily briefing