Six years after its first adult-use cannabis sale, Colorado set a monthly sales record in June totaling $158,102,628, according to state Department of Revenue Marijuana Enforcement Division Revenue outlined by the Denver Post. Last June, cannabis sales in the state reached about $122.4 million.
The previous cannabis sales record in the state of $149,186,615 was set in May, suggesting that cannabis sales in Colorado are booming during the pandemic. Prior to May, the only time sales in the state reached $140 million was in August 2019.
So far this year, medical and recreational cannabis sales in Colorado have totaled $978.35 million, setting the pace for 2020 to eclipse 2019’s record of $1.75 billion in total sales.
According to state data, the Colorado Department of Revenue collected $33.62 million in taxes and fees on cannabis sales and businesses in June. So far, cannabis-derived taxes and fees have reached $203.3 million in 2020; last year the state raised $302.5 million via the industry.
Earlier this year at the onset of the pandemic, Colorado considered both medical and recreational as “essential services” allowing them to remain open but implemented social distancing protocols. However, research from BDSA suggests that the record summer sales are the result of the state’s marketplace.
According to BDSA, pre capita cannabis sales in Colorado reached $290 in 2019 – nearly double the $150 per capita spent in 2014. In the third quarter of last year, 42 percent of adults in the state said they consumed cannabis in the previous six months – an increase of 18 percent from the third quarter of 2017.
In June of last year Colorado surpassed $1 billion in revenue from cannabis-derived taxes and fees.
The majority of cannabis consumers said that legal cannabis was more convenient to buy (59.2 percent) and safer to purchase (56.1 percent) than its illegal counterpart, according to a University of Waterloo School of Public Health study published last month.
The study examined consumer perceptions of legal versus illegal cannabis sources in Alaska, California, Colorado, Nevada, Oregon, and Washington state.
One in three respondents (30.6 percent) said they believed legal cannabis was more expensive and just slightly more (37.6 percent) said legal cannabis is higher quality than that from illicit sources.
Another 40.3 percent of respondents from Wave 1 of the International Cannabis Policy Study, an online survey conducted in 2018 among 5,530 16-65-year-olds, said legal cannabis is safer to use than illegal products.
“With the notable exception of price, consumers reported generally positive perceptions of the legal cannabis market, with more positive perceptions in US states with more ‘mature’ legal markets.” – “Consumer perceptions of ‘legal’ and ‘illegal’ cannabis in US states with legal cannabis sales,” July 17, 2020, Addictive Behaviors
The study’s authors note that consumer perceptions varied according to how long legal cannabis has been available in the state.
“Respondents living in more ‘mature’ legal markets were more likely to perceive legal cannabis as higher quality,” the authors wrote.
An April 20 YouGov poll found similar approval for the legal cannabis industry, with 45 percent of respondents in that poll calling recreational legalization “more of a success than a failure” or “success only,” with 19 percent saying that it was “more of a failure than success” or “failure only.” Twenty-six percent of respondents said they didn’t know.
At least three Michigan cannabis companies are facing class-action lawsuits over their alleged use of unsolicited telemarketing, MLive reports. This year, Florida attorney Andrew J. Shamis filed lawsuits in federal court against MichiCann Medical, AEY Capital, and Light ‘N Up Provisioning and Microbuddery claiming the companies sent unsolicited marketing text messages or automated phone calls without proper consent in violation of the Telephone Consumer Protection Act.
The lawsuits claim that the unsolicited marketing “resulted in the invasion of privacy, harassment, aggravation, and disruption of the daily life of thousands of individuals.” The class-action nature of the lawsuits potentially allows anyone who’s received unsolicited texts or calls to join the case.
Attorney Ben Joffe of Ann Arbor-based Benjamin D. Joffe law firm, who represents several Michigan cannabis businesses, said such lawsuits are sometimes called “lawsuit trolling” because its “basically writing the same exact complaint other than a few facts that change.”
According to an MLive analysis of court documents, Shamis often files similar lawsuits throughout the U.S. and they often target cannabis companies. Currently, he has pending cases in Arizona making similar claims.
“They try and get it certified as a class hoping somebody sent out 100,000 and they can settle for $50 each text message or even $5 for each text message and you get a large payoff. As the attorney, you’ve got the retainer that lets you take a third of that or whatnot.” – Joffe to MLive
The lawsuits reviewed by MLive are requesting a settlement of up to $1,500 per unsolicited text message.
Doane University, a small liberal arts school located in rural Nebraska, has taken a leap forward to become an international innovator in cannabis education through its School of Integrative Learning. Last year, Doane University, under the leadership of its Director of Cannabis Studies Dr. Andrea Holmes, launched a Cannabis Certificate Program. The program, titled “The Cannabis Industry – Seeds to Needs,” offers three online certificate courses that cover all aspects of this fast-growing new field of opportunity — from cultivation, processing, testing, law, and regulations, to how to get a job or build a business in the emerging cannabis industry.
Dr. Holmes, Professor of Chemistry and Chief Growth Officer of Precision Plant Molecules (a premier hemp production facility focused on minor cannabinoids based in Colorado) and her colleagues created the courses because of the need for a qualified cannabis-industry workforce. To date, the courses have enrolled more than 13,000 registrants from 166 countries on DoaneX. The high volume of students demonstrates strong international interest and a pressing need for education by highly-qualified and credentialed experts in the cannabis field.
Now, Doane University has built on its pioneering role yet again, offering seven brand-new college courses — each worth three credits — that can be potentially transferred to any post-secondary institution in the world. These courses cover the history, biology, agronomy, medicinal aspects, testing, and processing methods of marijuana and hemp. Experienced Doane faculty, with PhDs in chemistry, biology, agricultural education, and history, along with physicians who are certified in cannabis medicine, have built these eight-week courses to provide a cutting-edge education in the field that is currently unparalleled in the U.S. and the world. Doane University is also seeking partnerships with other colleges and universities who are interested in the cannabis curriculum. The courses are built to be flexible in such a way that students from other universities can easily take them as part of their degree requirements or as electives.
Doane University won’t stop there, however, and is moving directly into cannabis-industry entrepreneurship! Doane University just opened the first commercial ISO-certified cannabis testing facility in Nebraska to support the state’s inaugural harvest by farmers and processors that are newly licensed under the 2020 Nebraska Hemp Bill. Doane University’s infrastructure and faculty are ideally suited for cannabis research, development, and testing. In fact, Doane University’s outside-the-box thinking has opened up new revenue-generating streams by providing rental space for start-up companies working in both the herbal supplement and cannabis industry. Doane’s students are benefiting from increased research and internship opportunities.
The question then arises, why has Doane University taken the initiative to attract students worldwide who want to study cannabis in its many varied, intriguing, and useful applications — from industrial products to medicine? While Nebraska has had a state-regulated hemp program since last year, medical marijuana is likely to appear on the ballot this November. Given the relatively conservative socio-political nature of the state, it is surprising that Doane’s program is in the vanguard of cannabis education. Dr. Holmes, however, is an internationally-recognized scholar and entrepreneur in the field.
The bottom line is that small liberal arts colleges and universities (even larger universities) in the U.S. and abroad are struggling with decreased student enrollment and retention. COVID-19 is negatively impacting the landscape of higher education. New innovative measures, changes in rigid traditional thinking, and a reset of higher education’s culture simply must occur in this era of survival of the fittest.
Doane University’s leadership has thus, out of both necessity and conviction, taken the road less traveled by investing in innovation and entrepreneurship in relation to cannabis education and the rapidly growing cannabis industry. This is an opportunity and investment that Doane University wholeheartedly believes will help the university maintain viability, support innovation, and increase its future relevance.
Note: This article was co-written by Dr. Mark Orsag, Professor of History at Doane University’s College of Professional Studies and College of Arts and Sciences.
Arizona Secretary of State Katie Hobbs said on Monday that the cannabis legalization campaign had submitted enough valid signatures to put the question to voters in November.
“After review, the petition exceeded the minimum requirement with approximately 255,080 valid signatures and will be placed on the General Election ballot as Prop. 207,” Hobbs said in a tweet. The campaign had submitted 420,000 signatures to officials in July, they needed 237,645.
Anti-legalization advocates had filed a lawsuit to keep the question off of General Election ballots regardless of whether the campaign had submitted enough signatures, claiming that the 100-word summary of the petition did not tell voters the reforms would allow more potent forms of cannabis, change state driving under the influence laws, and didn’t specifically say that the proposed 16 percent tax on sales could not be increased by the Legislature.
Last week, a Maricopa County Superior Court judge rejected that argument by Arizonans for Health and Public Safety, ruling that the provisions included in the ballot summary language relayed enough information for voters who signed the petitions. Judge James D. Smith wrote in his decision that the principal provisions of the Smart and Safe Arizona Act were included in the summary and said that it took the anti-cannabis group 25 pages to outline what had not been included in the 100-word summary of the petition.
That ruling is expected to be appealed by the plaintiffs.
In 2016, Arizona voters rejected legalization in the state with 52 percent of the vote.
Workers at Cultivate Holdings in Leicester, Massachusetts have voted to join the United Food and Commercial Workers Union Local 1445, MassLive reports. The vote to join the union follows approvals by workers at least three other Massachusetts cannabis companies.
In July, dispensary employees at Mayflower Medicinals in Holliston, Massachusetts voted to join the UFCW Local 1445. That same month, employees at New England Treatment Access’ Franklin cultivation facility also voted to join the union; however, NETA dispensary employees in Brookline voted 30-9 against unionizing.
In 2019, more than 100 workers at Sira Naturals in Milford, Needham, and Somerville became the first in Massachusetts’ cannabis industry to unionize, joining the 1445.
Craig Chaplin, a Cultivate employee, called the move not just a victory for Cultivate employees “but for all cannabis workers.”
“We’ve set a precedent by working collectively that enables us not only to survive but to thrive.” – Chaplin in a statement via MassLive
The union noted that there is an ongoing campaign to organize Cultivate’s retail employees as well. Employees said they voted to join the union to improve working conditions through collective bargaining, achieve standardization of their relationship with management, and access to adequate health coverage, the union said in a news release.
“The UFCW applauds Cultivate for its commitment to [agricultural] workers and is justifiably encouraged by their inclusion as part of those workers who will benefit from organizing this emerging industry,” UFCW Local 1445 Secretary-Treasurer Fabricio DaSilva said in a statement.
UFCW bills itself as the largest U.S. private-sector union, representing 1.3 million people who work in the cannabis industry, grocery stores, retail sector, and meatpacking and food-processing facilities.
Louisville, Kentucky-based Sullivan University announced on Tuesday that it will offer an Introduction to Cannabis Studies course online for the coming semester. Dr. Tonnie L. Renfro, chair of Social and Behavioral Science at Sullivan described the course as “broad coverage” of the psychological, social, economic, and legal issues related to the plant and the burgeoning industry.
“While the social implications of the industry and the interest in the topic is becoming very important in academic research and as a field of study, the course is intended to be academic and objectively focused without attempting to be involved in any social movement. The course can be important for many students in various programs, as a general education elective, giving an additional choice for students.” – Renfro in a statement
The Kentucky House approved a medical cannabis legalization bill in February. The proposal was assigned to the state Senate Judiciary Committee in March; however, committee chairman Sen. Whitney Westerfield indicated that the measure wouldn’t get a hearing until he was “OK with it.”
Kentucky does allow hemp cultivation and manufacturing and Sen. Mitch McConnell (R) was one of the key lawmakers behind the push for federal hemp legalization in 2018.
The Sullivan University cannabis course’s learning outcomes include the culture of cannabis use, ethical social, and legal impacts of cannabis, media depictions of cannabis, sociological and psychological theories associated with cannabis culture, social perceptions of cannabis normalization, social controls relative to cannabis use, and the emergence of the modern cannabis industry in the U.S.
A study by The Ottawa Hospital suggests that children born to mothers who used cannabis while pregnant are more likely to have autism, CTV reports. The study, believed to be the largest of its kind, reviewed more than 500,000 births in Ontario, Canada from April 2007 to March 2012.
While the research does not prove that cannabis use during pregnancy causes autism, it purports an association between the two factors. The study also does not indicate how much cannabis, the type, or the strength, consumed by the expectant mothers or how often they consumed cannabis or at what stage of pregnancy.
According to a study published in Nature, 0.6 percent of the mothers of those children reported using cannabis during pregnancy. The researchers found that 1.4 percent of the children whose records they examined were diagnosed with autism spectrum disorder and that figure increased to 2.2 percent if their mother had reported cannabis use during pregnancy – a risk that was present even if cannabis was the only substance the mother reported using. Cannabis was still illegal in Canada during the timeframe used by researchers.
Health Canada guidelines say there “is no safe amount of cannabis use during pregnancy.”
Study author Dr. Darine El-Chaâr, a maternal-fetal medicine specialist and clinical investigator at Ottawa Hospital Research Institute, said that she was “not too surprised” by the findings.
“Women who used cannabis during pregnancy were 1.5 times more likely to have a child with autism. These are not reassuring findings. We highly discourage use of cannabis during pregnancy and breastfeeding.” – El-Chaâr in a statement to CNN
El-Chaâr noted that expectant mothers often say they use cannabis during pregnancy for pain management, or nausea or vomiting; however, some use it recreationally as “part of their routine.”
The American College of Obstetricians and Gynecologists says there is “insufficient data to evaluate the effects of marijuana use on infants during lactation and breastfeeding” and discourages cannabis use “in the absence of such data.” The organization recommends pregnant women discontinue medical cannabis use in favor of pregnancy-safe alternatives.
A Laramie County, Wyoming Circuit Court judge last week tossed drug trafficking charges against hemp growers ruling that prosecutors didn’t have probable cause that the mother and son intended to cultivate and distribute THC-rich cannabis, Oil City News reports. Judge Antoinette Williams also dismissed charges against a contractor and his wife who worked for the farmers and were on the property when it was raided.
The hemp farm owned by Debra Palm-Egle and Joshua Egle was raided by the Wyoming Division of Criminal Investigation in November 2019. The pair, along with Brock and Shannon Dyke, were charged with conspiracy to manufacture, deliver or possess marijuana; possession with intent to deliver marijuana; possession of marijuana – all felonies – and a lesser charge planting or cultivating marijuana.
On the day of the enforcement action, Brock Dyke provided investigators with test results showing the crops contained less than 0.3 percent THC and were, thereby, legal under Wyoming law. DCI agents seized 700 pounds of crops from the farm and conducted independent testing finding most of the plants contained 0.3 percent THC; the highest concentration was 0.6 percent.
Laramie County Assistant District Attorney David Singleton, who prosecuted the case, argued that any plant testing over 0.3 percent THC is illegal cannabis, not legal hemp. However, Williams ruled that it was clear the farmers intended to grow legal hemp. She said she understood why prosecutors pursued the case but that it lacked probable cause. Williams did reprimand the mother and son for cultivating hemp without a license, for which they could face a $750 fine.
Texas hemp business owners and advocates are suing the state over provisions of the hemp law that ban smokable forms of the hemp-derived products, Houston Public Media reports. The lawsuit argues that the ban on manufacturing and processing smokable products included in the law is unconstitutional and that the ban on distributing and selling these products is invalid.
Jax Finkel, executive director of the Texas Chapter of the National Organization for the Reform of Marijuana Laws (NORML) said the ban goes beyond the intent of the hemp bill that took effect on August 2.
Sarah Kerver, owner of Custom Botanical Dispensary and founder of hemp brand 1937 Apothecary told HPM that the “majority of the [public] comments” submitted to officials opposed the ban. She added that 51 percent of her sales are smokeable or vapeable products.
There are, reportedly, loopholes in the provisions banning smokeable hemp products, which can remain on store shelves so long as they are not sold or marketed as a smokable product. The ban also does not prohibit raw hemp from being cultivated, manufactured, or sold in other consumable forms and does not prevent Texans from ordering smokeable hemp products online. The bill does include an in-state ban on manufacturing products intended for smoking or vaping.
In an interview with Marijuana Moment, Chelsie Spencer, counsel for lead plaintiff Crown Distributing LLC., called the ban “unfortunate” and warned that it would “foreclose such a large economic opportunity” for Texas which would likely move jobs in the industry to bordering states. He told Marijuana Moment that his clients stand to lose $59.6 million over the next five years if the ban is upheld. Spencer estimates the state could lose $2.9 million in tax revenues directly due to the law.
Derek Harris, a military veteran who was arrested in Louisiana in 2008 for selling an undercover officer .69 grams of cannabis – worth $30 – was recently resentenced to time served and will be released from prison, CNN reports. He was originally sentenced to life and has already served nine years.
Harris was initially sentenced to 15 years but was resentenced in 2012 to life under the state’s Habitual Offender Law. The state Supreme Court had agreed to hear his case, agreeing that he had “ineffective assistance of counsel at sentencing on post-conviction review.”
In the opinion, Louisiana Supreme Court Justice John Weimer described Harris’ previous offenses as “nonviolent and related to his untreated dependency on drugs.” Harris developed a drug problem upon returning from “his honorable military service in Desert Storm,” a U.S. military operation in Iraq in 1990, he noted in the ruling.
Weimer added that Harris was “not a drug kingpin” and didn’t appear to be a full-time drug dealer. During the 2012 resentencing, 15th Judicial District Judge Durwood Conque said his hands were tied by the habitual offender law when he imposed the life term.
The Louisiana Supreme Court has found that judges can and must deviate from a mandatory minimum sentence in a case if they determine it “shocks the conscience.”
Harris’ release date has not been confirmed but he is expected to move closer to his family in Kentucky. His brother, Antoine, said his brother is still a little bit “shocked” by the ruling. The brothers lost their mother during Derek’s incarceration.
It might be hard to imagine in the face of an ongoing global pandemic, but one of the top stories this time last year was the presence of a few thousand cases of a mysterious disease associated with vaping. By the time officials scrambled to learn more about an underground vape industry they had long ignored, the crisis had already taken hold around the country. But when COVID-19 took over the news cycle, the focus on EVALI — short for “e-cigarette or vaping product use associated lung injury” — took a back seat. The crisis, however, is ongoing.
The UK faced its first official vaping related death in July amid its response to the coronavirus pandemic and states like Utah and Minnesota have started seeing another influx of EVALI cases in hospitals. A total of 2,561 people were hospitalized due to vaping related lung injuries in 2019 and there were 55 confirmed deaths by December. These numbers may seem slight amid the deadly COVID-19 pandemic but, at the time, the EVALI vaping crisis was considered a national emergency.
Cutting agent culprit
In November, the CDC identified the use of a cutting agent called vitamin E acetate as the likely culprit behind the spate of vaping-related hospitalizations and deaths. But the crisis was already in full swing. EVALI patients were diagnosed with lipoid pneumonia, a condition that occurs after inhaling an excess of mineral oil. Vitamin E acetate, which is typically used to play with oil viscosity and has been approved by the FDA for use in lotion and other topicals, was consistently found at the primary injury site in afflicted patients.
The search for Dank Vapes
One of the first states to see a flush of patients with vape-related pulmonary issues was Ohio, where some patients voluntarily turned in cartridges they were using and most products were in turn traced to the legacy or unregulated markets. From there, multi-million dollar busts occurred in the Midwest along the I-80 in Wisconsin, Minnesota, Iowa, Indiana, and Illinois. As more hospitalizations rolled in, police, lawmakers, and citizens were all seeking a common thread. Crafty producers even managed to create off-brand versions of popular licensed vape manufacturers like TKO and Stiizy, but one brand — Dank Vapes — rose above the rest as it appeared to knit together the most cases.
With Dank Vapes’ flashy little boxes that so mathematically mimicked legal cartridge packaging and the slurry of easily accessible online markets, there were paths leading to the unlicensed operation everywhere. “Who created Dank Vapes?” was the question on everyone’s mind but the answer was obviously more complicated than the question implied — simply put, Dank Vapes appeared to come from … well, everywhere.
People in prohibition states could easily access Dank Vapes products online, making it particularly popular for people outside of state-legal markets. But Dank Vapes packaging, and other common black market cart packaging like Mario Carts, Exotic, and Dankwoods, could also be easily purchased online from overseas factories. And, with the ability to purchase extraction equipment and set up an illegal lab almost anywhere — coupled with easy access to professional-looking packaging and cartridge tech — it wasn’t long before the underground vape industry cast a deep and expansive net across the United States. Ultimately, getting started in dealing Dank Vapes was almost as simple as buying some for yourself.
By the time officials could muster a response, Dank Vapes’ production was on the decline but the renegade vaping brand had already shone its light on exactly how prolific the legacy market had remained despite legalization footholds around the country. Eventually, Dank Vapes sank back into the shadows but the damage was done.
Perhaps most frustrating, however, is that while the true origins of the contaminated vape products will likely be forever unknown, it stands to reason that federal legalization, coupled with reasonable regulatory guidelines, could have curbed the crisis from the very beginning.
Uncoordinated response
In response to the crisis, law enforcement shifted its focus to shutting down unlicensed dispensaries in cities like Los Angeles, where the unregulated market still thrived. Websites and social media pages that previously advertised and shipped out unlicensed cartridges eventually started to disappear.
Additionally, with the death toll climbing, many governors in adult-use states took action. Washington Gov. Jay Inslee banned all non-native vape additives including vitamin E acetate and plant-derived terpenes. In California, Gov. Gavin Newsom focused on quelling the unregulated market and recommended more education and warnings around the dangers of vaping. Massachusetts, on the other hand, opted to quarantine some 600,000 cannabis vaporizer products in December due to the ongoing confusion circulating those products, which were only just released from quarantine this week.
Today, even with vitamin E acetate having been identified as the culprit behind the EVALI crisis, many of the restrictive responses including bans on plant-derived terpenes and flavorings have remained in place.
EVALI vs COVID-19
As the COVID-19 pandemic tightened its grip on the world, medical professionals understandably shifted their focus to the respiratory virus, which happens to have very similar symptoms to EVALI. And, while the news cycles and national attention have obviously moved on, it’s very likely that EVALI never actually stopped presenting in hospitals. This is made extra complicated not only because the condition reflects symptoms of the coronavirus, but also because patients in prohibition states often remain reluctant to admit that they have been vaping cannabis. If THC use was legal and regulated, however, then patients would be more willing to share such activities with medical professionals.
Regulation remains the obvious, best answer
Last November, the CDC’s Principal Deputy Director Anne Schuchat quietly admitted that regulating cannabis vaporizer products, including lab test and labeling requirements, would help protect consumers from EVALI.
Legalization would also require regulatory bodies to focus on understanding the industry for the purpose of regulating the wholesale shipment of industrial goods, including vape technology. With those regulations in place, many legal companies would likely not have been forced to forfeit and quarantine their products, which led to compounded profit losses.
Ultimately, that lack of government oversight allowed for a blindspot in vape tech and hardware regulations. There may not have been a way to fully avoid the crisis but a country equipped with a legal and regulated marketplace for cannabis vape products would have been significantly better prepared for identifying the issue and taking action to keep the general public safe.
And, although the EVALI vape crisis must feel distant to most Americans after the wild and unprecedented year we’ve had so far, it’s never too late to get started.
A New Jersey physician has been suspended by the State Board of Medical Examiners for “indiscriminately” authorizing medical cannabis for “thousands of patients,” the Courier Post reports. Dr. Andrew Medvedovsky was also fined $15,000 and ordered to reimburse the board about $44,000.
Medvedovsky authorized the patients through New Jersey Alternative Medicine. The board said he did not establish the “bona fide physician-patient relationships prior to authorizing medicinal marijuana.” The board also claims that Medvedovsky neither took a medical history nor examined the patient before approving them for the medical cannabis program.
The board launched its investigation in September 2018 after the state Attorney General’s Office received a tip that Medvedovsky had been violating the state’s medical cannabis laws. He has had a medical license in New Jersey since 2012.
In addition to the suspension and fines, Medvedovsky will serve a second year as a “period of probation” and during the active suspension cannot enter “any medical practice in New Jersey during business hours when patients may be present.” He must also complete classes on recordkeeping and medical ethics.
Medvedovsky “neither admits nor denies” the board’s charges but no longer has any connection to New Jersey Alternative Medicine.
Last year, Gov. Phil Murphy signed a bill expanding medical cannabis access in the state. In November, Garden State voters will decide whether or not to legalize cannabis for adult-use.
The Multi-disciplinary Association of Psychedelic Studies (MAPS) publicly responded to the Drug Enforcement Administration (DEA) concerning new rules that guide the agency’s consideration of applications to “cultivate and provide” medical-grade cannabis to researchers and to the Food and Drug Administration for drug development.
MAPS partnered with Prof. Lyle Craker, Professor Emeritus of Botany and Plant Sciences at the University of Massachusetts, Amherst’s Stockbridge School of Agriculture, to submit two applications to the DEA for cultivating research-grade cannabis, aiming to break the National Institute for Drug Abuses (NIDA ) monopoly on research-grade cannabis. The association’s first application, submitted in 2001, was rejected; their application submitted in 2017 is still awaiting a decision.
“MAPS welcomes the opportunity to provide these comments in response because the Proposed Rules are centrally important to our work and our continuing efforts to obtain DEA Registration for Professor Craker,” a representative said.
The DEA announced the new rules earlier this year in March. If adopted, the rules will change how the DEA takes possession of and distributes cannabis grown for research and update the definitions for “medicinal cannabis” and “cannabis preparations” in order to “enable DEA to evaluate each of the 37 pending applications to grow marijuana for research under the applicable legal standard and conform the overall program to relevant laws,” according to a DEA press release.
In their public comment, MAPS is cautiously optimistic about the new rules.
“We strongly support and commend DEA for its Proposed Rules’ commitment to ending the NIDA monopoly system, and to grant additional DEA Registrations in order to facilitate and enhance privately funded commercial medicinal cannabis drug development. However, we also have significant concerns regarding whether DEA will follow through with effective and consistent implementation that actually enhances and facilitates the opportunities for commercial medicinal cannabis drug product development, including the whole-plant botanical drug development that MAPS has long sought to accomplish.” — Excerpt from the MAPS 2020 public comment
According to the DEA, there are more researchers registered to grow cannabis than any other Schedule I controlled substance. Due to the increase in researchers, the DEA has increased its cannabis “quota” from 472 kg in 2017 to 3,200 kg in 2020.
“MAPS has an immediate need for DEA licensing of Professor Craker to produce marijuana for an FDA-regulated study of veterans with PTSD,” the association said. “Other applicants have immediate needs of their own. U.S. businesses and jobs will be created by federal licensing of additional domestic marijuana producers for research and development into potential medical, commercial and industrial applications.”
The cannabis legalization ballot initiative in Arizona has survived a legal challenge after a Superior Court judge ruled that the provisions included in the ballot summary language relayed enough information for voters who signed the petitions, the Mohave Daily News reports.
Anti-cannabis activists led by Arizonans for Health and Public Safety argued that the 100-word summary of the petition did not tell voters the reforms would allow more potent forms of cannabis – such as concentrates – changes state driving under the influence laws, and doesn’t specifically say that the proposed 16 percent tax on sales can’t be increased by the Legislature.
Superior Court Judge James D. Smith wrote in his decision that the principal provisions of the Smart and Safe Arizona Act were included in the summary and said that it took the anti-cannabis group 25 pages to outline what had not been included in the 100-word summary of the petition.
“Addressing legalizing a previously illegal substance must account for laws touching many parts of life. But if everything in an initiative is a principal provision, then nothing is.” – Smith in the ruling via Mohave Daily News
The ruling is likely to be appealed to the state Supreme Court and the petition signatures still need to be verified by the Secretary of State to ensure they all qualify. Republican Gov. Doug Ducey, in a statement of opposition last week, called the reforms “a bad idea based on false promises.”
If approved, individuals 21-and-older would be allowed to make legal purchases and possess up to 1 ounce. The 16 percent excise tax would be implemented, along with regular sales taxes. Industry-derived taxes would be mostly directed toward public safety and community colleges. Edibles would be permitted but THC in edible products would be capped at 10 milligrams.
In 2016 52 percent of voters rejected legalizing cannabis in the state.
Michigan’s Marijuana Regulatory Agency has recalled about 3,200 pre-rolls and suspended a processing center’s license for 14 days after an employee at the site allegedly licked one of the pre-rolls while making the product, MLive reports. The incident occurred at a Bay City processing center operated by the owners of Dispo.
The recall affects pre-rolled blunts and joints produced at the center and sold at medical and recreational dispensaries in Ann Arbor, Bay City, Detroit, Ferndale, Hazel Park, Lansing, Lapeer, Lowell, Negaunee, Quincy, River Rouge, and Traverse City.
On July 31, state regulators identified the potentially impacted cannabis products and placed them on “administrative hold” in METRC, the state tracking system, which alerts sellers of any issues at the time of sale. Several sales of the recalled product were made following the initiation of the investigation although it’s unclear whether retailers purposely ignored the “hold” alerts. The state may levy penalties on dispensaries that sell products on administrative hold.
According to MRA documents, the business owners complied with the agency’s request to voluntarily stop processing at the site on July 31, “took steps to address the issue internally” and “intends to remain inactive until further instruction” from regulators. The 14-day suspension began yesterday.
The recall affects a variety of products under different brand names sold at 15 dispensaries.
It’s unclear how officials learned of the incident. The suspension order states that the MRA “initiated its investigation based on information” that an employee licked one of the pre-rolls on July 13.
A great-grandmother is suing Disney after she was arrested at Florida’s Magic Kingdom last year for having CBD oil in her bag, Fox 35 News reports. Hester Burkhalter, 69, is being represented in the case by civil rights attorney Ben Crump. Crump is also representing the family of the late George Floyd.
Last May, Burkhalter was on a trip with her adopted children at the Orlando theme park when security officers found a bottle of CBD oil in her bag. The officers handcuffed her and took her to jail. Following the incident, Crump held a press conference saying Burkhalter would take legal action against Disney if they failed to “take ownership, sit down with this family and try to repair the harm.”
Burkhalter says she uses the CBD oil for “really bad arthritis” in her legs, arms, and shoulder.
On Wednesday, Crump and his legal team announced the lawsuit, saying that Burkhalter “was wrongfully arrested and taken into custody at Walt Disney World in Orlando, Florida, for possessing federally legal CBD oil.”
“She was treated like a common criminal because she had medical issues but still wanted to take her [children] for a lifelong dream that they have saved for two years. They came from North Carolina to try to fulfill the wishes of their young [children] and these loving grandparents were humiliated. Disney World lacks two things: common sense and common decency in how they treat people. It is entirely outrageous that Disney World would discriminate against people who have medical conditions that don’t respond to common pain relievers.” – Crump in a news conference via Fox 35
Burkhalter called the arrest “the most humiliating day of her life” and said at the time of the arrest she had a panic attack and vomited outside of the police car. When she asked for an ambulance, she was told to get back inside the car.
She was banned from Disney property, but that order has since been lifted.
“Every time I think about it a whole lot, or talk about it a whole lot, I get sick to my stomach and just don’t feel well,” she said in the report. “It affects you when something like this – having to take off your clothes in front of people. It affects me. I have dreams, can’t sleep sometimes.”
At the time of the arrest, CBD was illegal under Florida law, but it has since been legalized. Burkhalter is seeking $18 million in damages.
South Africa Cabinet officials have approved a draft bill allowing for personal cannabis use and sent the measure to Parliament, according to a BusinessTech report. The measure comes more than three years after a ruling by the Western Cape Town High Court that declared prohibiting cannabis use in private homes is unconstitutional.
Justice and Correctional Services Minister Ronald Lamola said in a media briefing on Thursday that the bill will codify the Constitutional Court judgment, which declared some parts of the Drugs and Drug Trafficking Act and Medicines and Related Substances Control Act unconstitutional.
The judgment was suspended for two years to allow lawmakers to correct the affected sections of the laws, he said during his remarks.
“This bill regulates the use and possession of cannabis and the cultivation of cannabis plants by an adult for personal use. It provides the limit of the quantity of cannabis that may be possessed by an adult and criminalizes the smoking of cannabis in public places.” – Lamola, during a press conference via BusinessTech
The details of the proposal have not been released as they still require review by Parliament and a public consultation process before becoming law.
According to the United Nations Office on Drugs and Crime, an estimated 3.65 percent of South Africans consume cannabis and the nation ranks 100th among cannabis consuming countries.
The original suit that sparked the broad law changes was filed by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince. The duo argued successfully that some of the sections of the Drug Trafficking and Medicines Control acts were discriminatory, outdated, or unfair, and applied disproportionately to Black individuals. They had obtained stays of prosecution for people arrested for possession pending the outcome of the case.
A survey by cannabis company Verilife found that baby boomers – people aged 56 to 76 – use cannabis medically at twice the rates of millennials – those 22- to 38-years-old. Half of the boomers surveyed said they consumed cannabis primarily for medical reasons, with 28 percent saying they use solely for recreational reasons, and 22 percent saying they use for both.
The figures are completely flipped for millennials surveyed, as 49 percent said they used only recreationally, with 22 percent saying they use for medical purposes and 29 percent who use for both.
Twenty-seven percent of millennials who use cannabis medically say it helps their chronic pain, followed by migraines (13 percent), to manage nausea (11 percent), arthritis (8 percent), to manage weight loss (8 percent), autism (8 percent), and irritable bowel syndrome (4 percent). For boomers, arthritis was the most common reason for medical cannabis use (15 percent), followed by chronic pain (13 percent), cancer (11 percent), migraines (8 percent), to manage weight loss (8 percent), nausea management (8 percent), and autism (7 percent).
Among millennial recreational uses, 34 percent said they use cannabis to relax, while 23 percent said they use for social reasons, 22 percent for anxiety, 9 percent to help them sleep, and 5 percent to enhance physical activity. For boomers, relaxation was the primary reason for recreational use (42 percent), followed by anxiety (17 percent), socialization (17 percent), and physical activity enhancement (17 percent). Another 8 percent said it was for some other, unnamed, reason.
Both generations still prefer to smoking as their primary method, with half of millennials and 39 percent of boomers saying smoking is their top choice. Boomers prefer capsules at more than twice the rate of millennials (23 percent to 10 percent), while other methods such as edibles, vaping, and tinctures were preferred at similar rates.
Neither generation reported more than 2 percent preference for dabbing or topicals.
The survey suggests that boomers’ cannabis use is increasing more than millennials’ during the coronavirus pandemic, as 44 percent of boomers said their use has increased, compared to 36 percent of millennials.
The majority of respondents from both generations – 57 percent – said they believe there is still a cultural stigma surrounding cannabis and both generations believe that cannabis has medical benefits.
“In fact, 92 percent of millennials and 89 percent of boomers agree that there are medical benefits, and if given the option, 68 percent of millennials and 61 percent of boomers would prefer medical marijuana over a prescription medicine to relieve pain.” – “Marijuana & the Differences Between Millennials vs. Baby Boomers”
The survey was conducted from May 29 to June 5, 2020 and included 1,000 current cannabis consumers from each generation. For millennials, the average age was 31 with 54 percent male and 46 percent female respondents. Of this group, 63 percent were employed full-time and 80 percent completed some type of post-secondary education. For baby boomers, the average was 59 with 61 percent male and 39 percent female respondents. Within this group, 66 percent were employed full-time and 79 percent completed some type of post-secondary education.
The 10th U.S. Circuit Court of Appeals in Denver, Colorado ruled last week that not all drug convictions in the state can trigger the deportation of an immigrant with a green card or prohibit an individual from obtaining legal status, the Colorado Sun reports.
In the case of Everette Johnson, a 50-year-old Bahamian man who has held a green card since 1977, the court said Johnson should not be deported for violating federal drug laws because of the substantial differences between Colorado and federal law.
Johnson pleaded guilty in 2016 to hydrocodone possession, a Class 4 drug felony, and sentenced to 18 months in prison. The conviction led the Department of Homeland Security to begin the process of revoking his green card and deporting him. Lower immigration courts sided with the government and backed the deportation. Deportations of green card holders occur when the holders violate federal laws.
However, Appeals Court Judges Joel M. Carson and Judge Robert E. Bacharach said in the decision that “a state drug conviction cannot qualify as a basis for removal if the state statute’s elements are broader than the federal analogue.”
“Although the Colorado statute may be divisible as to the particular schedules, the statute is indivisible as to the identity of the particular controlled substance. And because the Colorado statute includes morpholine as a schedule II controlled substance, and the [Controlled Substances Act] does not, the Colorado statute’s schedules sweep more broadly. Thus, no categorical match exists between state and federal schedules.” – Carson and Bacharach in the opinion
Johnson’s attorney, Hans Meyer, suggested that the ruling has the potential for older, similar, cases to be reviewed.
“Immigration courts used the wrong analysis when reviewing simple possession crimes and either took away people’s green cards for life or denied them the ability to apply for green cards for life,” he told the Sun.
Last year Colorado lawmakers passed a bill reducing the sentence for Class 2 misdemeanors in the state from a year in jail to 364 days because deportation is triggered for legal immigrants who are convicted of crimes that carry jail terms of a year or more.
The University of Pittsburgh is partnering with cannabis company Parallel (formerly Surterra Wellness) on a 10-year medical cannabis research program. Parallel, through its retail brand Goodblend, will provide Pitt researchers $3 million in grants to study cannabis efficacy for conditions including sickle cell disease, anxiety, and chronic intractable pain.
Anantha Shekhar, senior vice chancellor for health sciences and the John and Gertrude Petersen Dean of the University of Pittsburgh School of Medicine, said the University of Pittsburgh School of Medicine “sees great value” in the partnership “for residents of the commonwealth and beyond.”
“Pennsylvania’s medical marijuana law emphasizes the need for rigorous research related to the use of medical cannabis. Pitt is taking a leadership role in conducting that research and we look forward to advancing the safety and efficacy of cannabis therapies via scientific rigor. Parallel’s focus on the innovation, quality, safety and consistency of its products makes them an ideal partner for Pitt’s research program.” – Shekar in a statement
Pitt will begin the research program with a clinical trial for sickle cell patients. The trial will investigate what role cannabis can play in treating the symptoms of the disease, which afflicts about 100,000 Americans, is associated with a median life expectancy of 45 years, and disproportionately affects African Americans.
Dr. Laura DeCastro, a Pitt associate professor of medicine, director of benign hematology for the Institute for Transfusion Medicine and UPMC Hillman Cancer Center, and director of Clinical Translational Research for the Sickle Cell Disease Research Center of Excellence, noted that patients with the disease have “no real alternative to chronic opioid therapy.”
Pitt is one of eight Pennsylvania institutions approved to conduct clinical studies as part of the state’s medical cannabis research program. Parallel has been approved for cannabis cultivation and processing licenses along with approval for six Goodblend retails locations across the state.
U.S. Sen. Tina Smith (D-Minn) has introduced a bill that would regulate cannabis like alcohol and tobacco, giving regulatory authority to the Food and Drug Administration. The proposal sets the legal purchase and consumption age at 21, would establish a national strategy to combat cannabis use by youth, and establish rules for cannabis-impaired driving.
The measure would remove cannabis from the federal Controlled Substances Act.
Smith said the DUI laws should “ensure that recommended best practices do not contribute to racist enforcement patterns” and that the strategy to prevent youth use would include “special considerations to prevent racially disparate impacts of the strategy.”
“The federal prohibition on marijuana is a failed policy that contributes to mass incarceration and the racist overpolicing of communities of color. It is time to end that policy. In addition to addressing the harmful and racist legacy of the War on Drugs by passing bills like Senator Harris’ Marijuana Opportunity Reinvestment and Expungement (MORE) Act, we must address marijuana legalization in a manner that ensures that cannabis and cannabis products are safe, regulated, and well-researched.” – Smith in a statement
Currently, the bill sits in the Committee on the Judiciary, which is chaired by conservative South Carolina Republican Lindsay Graham. The measure does not presently include any co-sponsors.
There are at least four other bills in the Senate that would legalize cannabis and allow commercial sales. All are sponsored by Democrats, which are currently the minority in the chamber.
During a speech on Tuesday, Senate Majority Leader Mitch McConnell (R-Kentucky) threw shade at Speaker of the House Nancy Pelosi (D-California) over comments she made last week in defense of provisions giving the cannabis industry access to traditional banking services, Marijuana Moment reports.
During his speech, McConnell blasted House Democrats’ COVID-19 relief bill on Tuesday as a wishlist containing “strange new special interest carveouts” and said Democrats were refusing to compromise on the issue.
“[Speaker Pelosi] said that, with respect to this virus, marijuana is ‘a therapy that has proven successful.’ You can’t make this up. I hope she shares her breakthrough with Dr. Fauci.” — McConnell, on the Senate floor
Pelosi’s comments last week, however, argued against the notion that cannabis — which was accepted by every state-legal market except Massachusetts as an essential service during the pandemic — is unrelated to the federal government’s COVID-19 relief package.
“I don’t agree with you that cannabis is not related to this,” she said. “This is a therapy that has proven successful.” It is unclear whether she meant as a treatment for the coronavirus or as a general treatment for the many diseases and health conditions for which millions of U.S. citizens rely on medical cannabis to treat.
There have been at least two preprint studies (meaning they were published without undergoing the typical peer-review process) that suggest cannabinoids and certain terpene formulations could be effective at quelling an immune system response to the coronavirus that has proven fatal in some patients.
Speaker Pelosi is still holding up this entire package over bizarre unrelated things like carveouts for the marijuana industry. She even claimed to the press that pot is a proven COVID-19 therapy!
I hope she’s shared this breakthrough with Dr. Fauci.
The disputed cannabis provisions include language from the SAFE Banking Act that was inserted after the GOP-controlled Senate sat on and refused to consider the standalone legislation for months.
The Massachusetts Cannabis Control Commission is allowing most products that were quarantined during last year’s vape-illness crisis to again be sold in the state, so long as they are re-tested and don’t contain vitamin E acetate. The agency said if a product fails the test it must be destroyed.
More than 600,000 vaporizer products manufactured before Dec. 12, 2019 have been quarantined since last November following a nationwide spate of vaping-related lung injuries that were linked to, mostly illegal, cannabis vape products and some nicotine vape products.
MCCC Executive Director Shawn Collins said since the agency’s vape product quarantine last fall, it has “dedicated significant energy and resources to investigating the additives, hardware, and storage practices that licensees use to produce and sell cannabis vaporizer products.” Those tests, Collins said, did not find detectable levels of vitamin E acetate but “did establish that heavy metal contamination may increase in vaping products over time.”
“This new order seeks to strike a balance between those products that can be retested or remediated safely for sale or repurposing with proper warning to patients and consumers, and those that cannot. As the nation continues to learn more about the broader health implications of vaping in all forms, I urge patients and consumers to understand the risks when they choose to consume any cannabis vaporizer product.” – Collins in a statement
The MCCC order will also allow some products to be “reclaimed,” allowing the oil to be repurposed for other products. Reclaimed products will include a statement indicating that the product was manufactured with previously quarantined material. If the material twice fails remediation, it must be destroyed.