BudTrainer™ Launches the BudCups™: The Earth-Friendly, Root-Friendly Alternative to Single-Use Seedling Pots and Cups

11/28/2023

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In another move towards sustainable gardening, BudTrainer just announced the launch of their 4th product, the BudCups: a reusable, better-performing alternative to single-use seed starting cups and pots. Engineered to optimize root development, the BudCups are a patent-pending invention set to redefine the standards of not just planting and transplanting, but environmentally responsible gardening.

First, they’re dishwasher-friendly, made from 100% recycled and food-grade plastic, and designed to be reused indefinitely, making them the most earth-friendly choice for gardeners committed to reducing waste. They were also designed without a single corner where pathogens can live, turning the washing process into a breeze.

Secondly, the BudCups feature a unique Triple-Drainage system that optimizes for runoff flow, promoting the best drybacks, ensuring optimal root health and growth, and preventing root rot or other pathogenic diseases.

The best part? The BudCups’ Shock-Free Transplanting mechanism was designed not only to minimize transplant shock to the roots, but also to make it easy and clean to transplant. Just pop the bottom, and the entire root ball comes out, untouched.

Henrique Dias, the innovative founder of BudTrainer, states, “Our vision with BudCups™ goes beyond just creating a better gardening container. We’re introducing a sustainable practice in home gardening, merging the love we have for the plant with the care we have for the planet.”

About BudTrainer™
BudTrainer™ is an innovative designer of cannabis gardening products and a community leader in the cannabis space. Renowned for its high-quality, earth-conscious, and user-friendly products, BudTrainer empowers home growers to achieve superior results in their gardens.

To purchase your BudCups on Indiegogo, visit this LINK, and to check out BudTrainer, visit this LINK.

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Georgia Issuing Final Medical Cannabis Licenses Following 2-Year Court Battle

11/28/2023

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Georgia cannabis regulators are issuing the state’s final medical cannabis licenses after a more than two-year legal fight, the Valdosta Daily Times reports. The Georgia Access to Medical Cannabis Commission (GMCC) had been unable to issue its Class II production licenses amid lawsuits from unsuccessful applicants but a recent Georgia Court of Appeals ruling against some of those applicants is allowing the commission to move forward. 

The state’s medical cannabis law allowed for two Class I licenses and four Class II licenses and the state had received about 70 applications. In July 2021, the GMCC awarded the Class I licenses to Trulieve GA and Botanical Sciences LLC Class I licenses; however, due to pending lawsuits from Class II applicants, the commission had not issued the licenses to the chosen candidates: FFD GA Holdings LLC, TheraTrue Georgia LLC, Natures GA LLC, and Treevana Remedy Inc.  

GMCC voted on November 15 to provisionally issue those licenses. 

GMCC Chair Sid Johnson told the Daily Times that “the commission has determined that the issuance of these provisional awards furthers the objectives and purposes of the Hope Act, providing patients with meaningful opportunities to locally access low THC oil and products as recommended and approved by their physicians for medical treatment and medical relief.” 

Under the state medical cannabis law, there are nearly 20 conditions to qualify patients for the medical cannabis program.  

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Maryland Supreme Court Declines to Review Injunction Against State’s Anti-Intoxicating Hemp Products Law

11/28/2023

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The Maryland Supreme Court last week declined to review a lower court’s injunction against the enforcement of a state law to ban intoxicating hemp products, the Daily Record reports. The decision allows the injunction to remain in place and will allow the sale of the products, such as delta-8 THC and delta-10 THC, to continue.  

The lawsuit against the rules was filed in July by the Maryland Hemp Coalition and several hemp farmers and businesses and in October Washington County Circuit Court Judge Brett R. Wilson issued the injunction in an effort to allow the businesses to remain operational while the case made its way through the legal process. In the ruling, Wilson said that the public interest weighs in favor of the cannabis companies because “this case is not about standardizing health and safety regulations but is about the ability of persons to engage in lawful business.” 

Maryland officials argued that the unregulated sale of intoxicating cannabinoid products creates a public health risk. 

A spokesperson for the Maryland Attorney General said the office is evaluating the Maryland Supreme Court’s decision and considering its next steps. The case will move next to the Maryland Appellate Court.  

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Study: Massachusetts High Schoolers No More Likely to Use Cannabis Post-Legalization

11/27/2023

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A study by University of Massachusetts Amherst researchers found that high school students are no more likely to use cannabis after legalization but were more likely to use cannabis if they perceived that their family or friends used cannabis themselves.  

In a statement, Faith English, a doctoral candidate in the School of Public Health and Health Sciences and lead author of a paper published in a special issue of Clinical Therapeutics, said “It’s not news that youth are influenced by peers” but described the paper as “the first to look at these three particular roles within a person’s social network and then look at changes from pre- to post-legalization.”

“One of the million-dollar questions as cannabis policies are being implemented across the country is whether or not youth use increases after legalization. There’s a lot of concern that underage folks will start using cannabis with greater frequency. The brain isn’t done developing until about age 26, so the messaging really is to delay use until after that age.” — English in a press release 

The researchers analyzed two datasets collected by a local substance use coalition who surveyed students at two eastern Massachusetts high schools. After comparing data from 2016, prior to broad cannabis legalization in the state, and after legalization in 2018 but before retail cannabis stores opened, the researchers found no statistically significant differences in the prevalence of past 30-day cannabis use. Among the 2016 participants, 19% of females and 27% of males reported past 30-day cannabis use. In the 2018 survey, 20% of females and 28% of males reported past 30-day cannabis use. 

After legalization, there was an increase in the proportion of adolescents who reported a perception that their parents used cannabis (from 18% before legalization to 24% after legalization), even before retail stores opened. Perceived cannabis use by a best friend – compared to perceived use by a parent or sibling – had the largest association with cannabis use by adolescents, the researchers found. 

The study notes that “the impact of availability of retail cannabis for adult use could affect the associations observed in this study, but that was out of the scope of the present investigation.”  

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Budtenders at Columbus, Ohio Dispensary First in State to Join Teamsters

11/27/2023

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Budtenders at Strawberry Fields in Columbus, Ohio last week voted to join Teamsters Local 413, becoming the first in the state to join the union.

In a statement Tony Jones, Teamsters International vice president at large and president of Local 413, said “This is the first of many proprietors” the union will be organizing in the state, “especially now that recreational cannabis is legal.”

“These workers are an amazing group of people who stood strong in spite of the company running a nasty anti-union campaign. I have no doubt that the tenacity, bravery, and solidarity they demonstrated during the lead up to the election will serve them well when we start negotiations.” — Jones in a press release

Estlin Hiller, a budtender at Strawberry Fields, called the vote “a huge moment for the Teamsters, Ohio, the labor movement, the cannabis community, and especially us.”

“By unanimous decision, after months of hard work by everyone involved, we won,” Hiller said in a statement. “We are ecstatic about this outcome, immensely proud of one another, and looking forward to bargaining our first contract. Strawberry Fields united, solidarity forever.”

Peter Finn, Teamsters Western Region International vice president and food processing division director, added that the success of the effort “is a clear message to the Ohio cannabis industry: workers demand and deserve respect.”

“This is just the beginning,” he said in a statement. “We’re on a mission to transform this industry one contract at a time, with sustainable, middle-class careers.”

The vote included 95% of eligible workers participating.

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Veriheal Awards $30k to Three Winners of Innovation in Cannabis Scholarship

11/27/2023

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Cannabis health-tech company Veriheal on Tuesday announced three winners for its annual Innovation in Cannabis Scholarship for 2023, with each winner receiving $10,000 for college tuition and fees.

The company said it had received a record number of submissions – more than 800 – which Joshua Green, co-founder of Veriheal said in a statement “speaks volumes about the passion and vision of the next generation of cannabis leaders.”

“We’re thrilled to support and empower the minds and futures of those who will undoubtedly shape the industry.” — Green in a press release

This year’s winners include Quemarr Moatamedi, a linguistics and anthropology major at the University of Montana, who proposed “an emulsion-based drug delivery system tailored for cannabinoids and made to tackle America’s diabetes crisis”; Maya Woods-Arthur, a sociology major at Harvard University who proposed a Bluetooth enabled cannabis bowl called buddie that tracks consumption; and Jensyn Huynh, a computer science major at Texas A&M who proposed how hemp could be used as a renewable resource for computer components.

Veriheal increased the awards in this year’s program – it had awarded $5,000 scholarships to five individuals in 2022 – because the company said it “recognizes that higher education is as expensive as it’s ever been.”

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Minnesota Launching Pilot Program for Saliva-Based Drugged Driving Tests

11/24/2023

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Minnesota’s Office of Traffic Safety (OTS) is pilot testing a saliva-based roadside cannabis impairment test, FOX 9 reports. The test will screen for six different compounds, including cannabis and opioids.  

Mike Hanson, director of OTS, told FOX 9 that officials are “not looking to find somebody who used 10 days or 14 days ago” but rather for people who “used within the last couple of hours.”   

The pilot program will be used for data-gathering purposes, so the samples will be voluntary and won’t be used to make arrests or suspend or revoke driver’s licenses, the report says. 

“We’re going to get a good sampling not only in metro areas, but also in the greater Minnesota areas that will give us an idea of how prevalent drug impaired driving is on our roads.” — Hanson to FOX 9 

The devices will be given to drug recognition evaluators, who are specialized law enforcement officers trained to recognize someone who’s under the influence of something other than alcohol. The state is using the SoToxa Oral Fluid Mobile Analyzer and the Drager DrugTest 5000 in the pilot program. 

According to Minnesota state data, from 2018-2022, there were 15,810 drugged driving incidents in the state, compared to 8,069 incidents from 2013-2017. 

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Alabama Cannabis Regulators Reach Deal to End Lawsuits

11/24/2023

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The Alabama Medical Cannabis Commission (AMCC) this week reached a settlement with license applicants covering most of the issues that led to lawsuits against the agency, WBRC reports. The settlement still needs to be ratified, which is expected during the AMCC’s November 27 meeting. 

Under the settlement terms, the AMCC will toss the scores of the original application evaluators, which the agency said in June had “potential inconsistencies” and led to a pause in the application process, and allow applicants in all categories, except for the integrated licensing category, to resubmit videos and briefing materials before the commission begins a new round of discussions and licenses for those categories. 

The AMCC is on its third attempt to award industry licenses but said last month that it intends to finalize the licenses by December 12.   

AMCC Chairman Rex Vaughn had previously indicated that commissioners could “choose to disregard the previous scoring,” but under the terms of the deal, the scores from the University of Alabama will not be considered at all. 

The commission had first issued licenses in June but rescinded those permits after lawsuits related to scoring data, claims of violations of the state’s open meetings law, and pushback against voiding the previously awarded licenses.   

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Lawsuit Filed Over 2022 Worker Death at Trulieve Facility in Massachusetts

11/24/2023

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The family of the woman who died last year at Trulieve’s Holyoke, Massachusetts cannabis facility has filed a lawsuit against the company and the people who worked on its HVAC system, NBC Boston reports. The lawsuit alleges negligence, recklessness, and misconduct surrounding the death of then-27-year-old Lorna McMurrey, who the Occupational Safety and Health Administration (OSHA) said died after inhaling “ground cannabis dust.”

In the lawsuit, McMurrey’s family claims that she had an asthma attack about two months before her death while working at the facility and that “Truelive was aware of this incident, but took no steps to protect Lorna following her collapse while inside the Facility.”

A report published last week by the U.S. Centers for Disease Control and Prevention concluded that McMurrey’s death was the first reported occupational asthma death in the cannabis industry, although it did not name McMurrey in the report, NBC Boston reports. The report says the worker’s death “illustrates missed opportunities for prevention, including workplace exposures, medical surveillance, and treatment according to the current asthma guidelines.”

In January, Trulieve agreed to a settlement with OSHA that led to a $14,502 fine, reduced from $35,219.

In June, Trulieve announced plans to “wind down” its Massachusetts operations.

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Oklahoma Extends Medical Cannabis Licensing Moratorium Through 2026

11/22/2023

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Oklahoma has extended its moratorium on new medical cannabis licenses until 2026, Tulsa World reports. The legislation does allow the state Medical Marijuana Authority (OMMA) to end the moratorium if its leadership “determines all pending licensing reviews, inspections or investigations are complete.”

The state’s moratorium has been in place for more than a year and thousands of license reviews remain pending, the report says. Michael Kimball, OMMA communications manager, told the World that it’s “hard to imagine” the moratorium ending early.

According to state data outlined by the World, 5,905 cultivation licenses were active in November 2020, which swelled to 9,178 by November 2021. When the moratorium first went into effect in August 2022, the number of active cultivation licenses had dropped to 7,167, the report says. The moratorium does not prohibit current licensees from renewing or selling their licenses.

The moratorium came as the state began cracking down on problematic medical cannabis cultivators who were accused of diverting products. The state Bureau of Narcotics in August said that over the previous two years, it had shut down more than 800 unlawful operators operating under the guise of the state medical cannabis program. Last week, OMMA said it planned to revoke the licenses of 165 cultivation facilities for failing to post signage on their property as required under a bill that took effect last year.

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California Regulators Embargo Cannabis Products From 3 Companies

11/22/2023

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California cannabis regulators on November 9 issued an embargo on products from three companies, claiming the products may have been “adulterated,” SF Gate reports. The letter to the firms, outlined by SF Gate, says the products may contain “poisonous or deleterious” substances but the Department of Cannabis Control (DCC) declined to provide further information. 

In an email to SF Gate, David Hafner, a spokesperson for the DCC said the agency “is currently investigating the facts and circumstances related to these products to determine the appropriate next steps, including whether a recall is necessary.”  

The products affected by the embargo include Shark Bite Pacific Chemistry pre-rolls, West Coast Cure Biscotti disposable vape pens, and Cru Cannabis Mai Tai disposable vape pens. 

The DCC’s letter directs all companies in possession of the products to immediately stop the sale of the products and hold on to them for further investigation. The DCC letter implies that the regulators may have information showing that the original third-party safety tests were inaccurate or that the products were adulterated after being tested. 

Hafner indicated that since 2021, the agency has issued 79 products embargoes; however, the DCC does not make them public unless they are subject to a mandatory recall.  

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Second Adult-Use Cannabis Ballot Initiative Proposed in South Dakota

11/22/2023

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A second adult-use cannabis legalization measure is being proposed in South Dakota with Attorney General Marty Jackley last week releasing a draft of his official explanation of a proposal sponsored by Emmett Reistroffer, KELO reports. Jackley previously issued his explanation of a proposal to legalize cannabis for adult use by Matthew Schweich and Quincy Hazen in August. 

Reistroffer’s proposal would legalize the possession of up to three ounces of cannabis flower by adults and allow personal cultivation of up to 12 plants per household (six per person), according to Jackley’s analysis. The proposal by Schweich and Hazen would allow the personal possession of up to two ounces of flower with the same cultivation limits, Jackley’s analysis says.    

The attorney general’s analysis of both proposals notes that “driving under the influence of marijuana remains illegal,” cannabis possession would be restricted similar to where tobacco is prohibited, employers and property owners can impose restrictions, the programs would not affect the state’s hemp laws, and that cannabis remains outlawed under federal law.    

Each initiated measure requires 17,509 valid petition signatures from registered South Dakota voters to qualify for the 2024 general election ballot. The deadline to submit the signatures to the South Dakota Secretary of State is May 7, 2024. 

South Dakota voters in 2020 approved both medical and adult-use reforms; however, the state Supreme Court ruled that the proposed constitutional amendment to legalize cannabis for adults violated the state’s single-subject rules on ballot initiatives.  

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Hawaii AG Unveils Cannabis Legalization Proposal

11/21/2023

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Hawaii Attorney General Anne Lopez has authored a bill to legalize cannabis for adult use, Hawaii News Now reports. The measure seeks to keep the state’s medical cannabis industry intact by not imposing taxes on medical-only cannabis sales, while imposing a 10% tax surcharge and 4.25% excise tax on adult-use sales.

The measure creates the Hawaii Cannabis Authority, which would regulate the cannabis industry, and oversee product testing, program enforcement, and social equity and health education programs created by the legislation.

State Sen. Jarrett Keohokalole (D), Consumer Protection chair, told Hawaii News Now the plan is “the best version to date.”

Prior legalization efforts in the state had faced pushback from the attorney general’s office but Lopez, who was confirmed in April, said during the confirmation process that she wanted to “create a structure that will allow the state to have legal recreational marijuana with as few problems as other states on the mainland have experienced,” according to Hawaii News Now.

Part of Lopez’s plan is to offer state grants and support to growers currently operating illegally and help them adopt a traditional retail model and deal with regulation and taxation. She called that piece “the most important thing” policymakers can do in an effort to diminish the illicit market.

The proposal could be considered by lawmakers during the upcoming session, which begins in January.

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New York Cannabis Regulators Ban Delta-8, THC-A, THC-O

11/21/2023

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New York cannabis regulators have finalized rules for intoxicating hemp products in the state, which include a ban on Delta-8 THC, THC-A, and THC-O, Syracuse.com reports. The regulations also require hemp products that include THC must have CBD-THC ratios of 15-1 and limit THC to 10 milligrams per package and 1 milligram of THC per serving.  

The rules, first published as emergency rules in July, were the subject of an injunction by Supreme Court Judge Thomas Marcelle last week; however, the injunction does not apply to the finalized version of the rules. 

Joshua Bauchner, chair of the cannabis and psychedelics group at Mandelbaum Barrett PC, told Syracuse.com that he expects legal challenges to the adopted regime because they amount to a government body banning the sale of a legal product. 

“I think there’s gonna be a lot of constitutional challenges to what the state’s trying to do here, and it just smacks of government overreach.” — Bauchner to Syracuse.com 

During the meeting, the Cannabis Control Board also approved new fees for cannabis testing laboratories – either 1% of the lab’s gross revenue, or $1,000 (whichever is greater) and approved registration renewals for nine of the state’s 11 medical cannabis companies.  

The Office of Cannabis Management  Director of Policy John Kagia also said during the meeting that New York retailers have sold just under $109 million worth of legal cannabis products to date, with sales reaching $23 million sold so far in the fourth quarter of 2023. 

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Missouri Cannabis Sales Total $113M in October

11/21/2023

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Cannabis sales in Missouri totaled $113.1 million in October, according to Department of Health and Senior Services data. In all, adult-use cannabis sales reached $95.5 million with medical cannabis sales topping $17.6 million.  

According to state data, medical sales were about $2 million less than the previous month and have been on the decline every month since March, when sales reached $32.7 million. In April, sales dipped to $30.1 million, then to $28.3 million in May, to $26 million in June, to $24.5 million in July, and to $22 million in August.

Adult-use sales in the state have ebbed from month to month but were down about $2.3 million from September to October. September sales totals increased about $1.2 million from the previous month but dipped about $1.7 million from July to August. July’s totals were up about $3.5 million from June and the state has seen at least $90 million in sales every month since March.  

The state collects a 6% sales tax on adult-use cannabis products and a 4% tax on medical cannabis products. Most of the taxes collected go to veterans’ services – which has so far totaled nearly $40 million – while some of the adult-use sales tax goes toward expungement expenses, which has led to the expungement of nearly 100,000 cannabis convictions to date.  

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Mississippi Dispensary Owner Sues Officials Over Cannabis Advertising Ban

11/20/2023

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A Mississippi medical cannabis dispensary owner filed a federal lawsuit on Thursday challenging state rules on cannabis advertising that he argues censors cannabis companies and violates their First Amendment rights, the Associated Press reports. The lawsuit, filed by Clarence Cocroft II, owner of Tru Source Medical Cannabis, names the heads of the state Department of Health, Department of Revenue, and Alcoholic Beverage Control Bureau as defendants. 

“All I want to do, like any other business owner, is have the opportunity to advertise. If I pay taxes in this business, which I do, I should be able to advertise. All I’m asking from this state is to provide us with the same liberty that they’ve provided other businesses.” — Cocroft, during a press conference, via the AP 

During the press conference, Katrin Marquez, one of Cocroft`s attorneys, said her client “can’t advertise in any media” including in newspapers or magazines, on television or radio, or on billboards that he already owns. 

“The First Amendment does not allow a state to completely censor a legal business,” Marquez said. “If it is legal to sell a product, it is legal to talk about that product.” 

Under Mississippi rules, the only advertising available to cannabis companies is on their own websites.  

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Missouri Revokes License of Cannabis Company That Had 63k Products Recalled

11/20/2023

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Missouri cannabis regulators have revoked the manufacturing facility license of Delta Extractions – the company that, in August, was the subject of a near-63,000 product recall. In a press release, the state Division of Cannabis Regulation (DCR) said the revocation is meant to “ensure the health and safety of Missourians and the integrity of Missouri’s voter-approved regulatory program for cannabis.” 

Delta Extraction’s license was already suspended by the DCR after the company admitted to sourcing THC-A from outside the Missouri cannabis program, converting the THC-A to THC, and selling that THC within Missouri’s regulated market, which violates state law. In a statement, Amy Moore, director of the DCR said that while Delta’s use of out-of-state cannabis “has been well-publicized and is a critical issue” the agency “found numerous other violations of rules,” including failure to track products in the state’s seed-to-sale system, falsification of products put into the seed-to-sale tracking system, and vast failures with regard to facility security. 

“The Missouri Constitution charges the Department with ensuring the safety of marijuana product and the safety and security of marijuana facilities through enforcement of rules. We must be clear on this: Businesses that choose to participate in Missouri’s marijuana industry do not get to decide which rules and which parts of Article XIV they want to follow.” — Moore in a statement 

Following the initial recall, a lawsuit was filed against Delta by Dark Horse Medicinals Missouri, LLC which said it purchased $325,632 worth of the ultimately recalled products from Delta “not knowing that the distillate was unusable in Missouri.”     

In September, a Cole County Circuit Judge dismissed Delta’s bid to stop the recall, ruling that the company did not exhaust administrative remedies and that the court lacked the jurisdiction to hear the complaint. 

Earlier this month, the DCR removed about 15,000 products from the recall order saying that they had verified the products contain “THC solely sourced from marijuana products grown in the Missouri regulated market” but more than 48,530 products remain on the list.      

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University of Minnesota School of Public Health Launches Cannabis Research Center

11/20/2023

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The University of Minnesota School of Public Health on Thursday announced the launch of the Cannabis Research Center (CRC) which will assess the impact of adult-use cannabis legalization and help inform future cannabis policies and practices in the state.  

The state’s adult-use legalization law includes a $2.5M annual appropriation from the cannabis sales tax to establish CRC. 

In a statement, School of Public Health Professor Traci Toomey, who will serve as the CRC’s first director, said the center will “conduct innovative research on the health effects of adult-use cannabis legalization on people and communities across the state, including prevention and treatment of substance use disorders, equity issues, education and decriminalization.” 

School of Public Health Interim Dean Timothy Beebe said the first priorities for the CRC include identifying key staff and faculty members with related expertise, establishing an executive committee to help guide center strategy, and identifying partners across the state to help advance the center’s work. 

The CRC has already established several core principles that will guide its work, including: 

  • Leading the scientific community in cannabis research. 
  • Upholding antiracist principles by prioritizing questions related to equity and incorporating antiracist practices into collaborations, research questions and methods, interpretations and communications. 
  • Maximizing health benefits and minimizing health problems related to cannabis by addressing timely questions now and into the future. 
  • Being a trusted source of information about cannabis research for individuals, communities and organizations. 

“We will work collaboratively with state and local agencies and community-based organizations to explore and identify the initial research priorities related to cannabis use in Minnesota,” Beebe said in a statement. “I am confident that, under Dr. Toomey’s leadership, the CRC will provide the data and evidence our policymakers need to make informed decisions about cannabis to prevent inequity and adverse health impacts throughout Minnesota.” 

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Citizen Petition in Canada Seeks to Raise THC Limit for Cannabis Edibles

11/17/2023

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A citizen petition in Canada’s House of Commons is seeking to raise the maximum amount of THC in edible cannabis products from 10 milligrams to 100 milligrams, which advocates say will “benefit consumers and will contribute to a more sustainable industry as a whole.” 

The petition notes that both the Canada Competition Bureau and the Ontario Cannabis Store, which is run by the government, have called upon Health Canada to increase THC limits. 

“The Competition Bureau has stated that ‘restricting THC levels may not be necessary to achieve the government’s objectives,’ while the Ontario Cannabis Store has emphasized the need to ‘revisit the current THC limits.’ These endorsements from reputable organizations highlight the importance of reconsidering the current restrictions.” — Petition e-4643 text 

The petition argues that while the current 10 milligram THC limit “serves as a suitable starting point for newcomers,” it “fails to adequately cater to existing consumers”; the limits prevent legal businesses from competing against the illicit market, and that the low, often single-use, products “are contributing to an entirely new stream of single-use plastics” which runs “contrary” to Canada’s “plan to address pollution and prevent plastic waste.” 

The petition opened on November 8 and had garnered 1,344 signatures as of Wednesday morning. The signature period will close on March 7, 2024.  

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New York Gov. Signs Clean Slate Act, Allowing Sealing of Eligible Criminal Convictions

11/17/2023

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New York Gov. Kathy Hochul (D) on Thursday signed a bill that allows the sealing of eligible misdemeanor convictions after three years and certain felony convictions after eight years, following their release from incarceration.  

During a signing ceremony for the Clean Slate Act, Hochul said the new law “will help New Yorkers access jobs and housing while allowing police, prosecutors and school officials to protect their communities.”

“The best crime-fighting tool is a good-paying job. That’s why I support giving New Yorkers a clean slate after they’ve paid their debt to society and gone years without an additional offense. … And as our state faces a worker shortage, with more than 450,000 job openings right now, this new law will help businesses find more workers who will help them grow, expand and thrive.” — Hochul via ABC 7 NY 

The move was lauded by law enforcement officials, business and labor leaders, state and local lawmakers, and civil rights advocates. 

In a statement, Rev. Al Sharpton, founder of the National Action Network, called the bill’s final approval by the governor “a momentous day for the state of New York.”    

“We know some will do their best to stand in the way of economic and racial justice. They will try to stoke fear and create needless panic. We will not let them,” he said. “The best way to keep communities and New Yorkers safe is by allowing people who have paid their debt to society to rebuild their lives and care for their families. Governor Hochul is creating a brighter – and safer – future for New York.” 

Hazel Dukes, president of the New York chapter of the NAACP called the move “a landmark step forward” for the state.  

“Overincarceration has destroyed far too many communities of color,” Dukes said in a statement. “And even worse, that damage lingers when those who paid their debt in full are still blocked from finding a job or a place for their families to live.” 

New York Civil Liberties Union Executive Director Donna Lieberman added that the bill “will benefit millions of New Yorkers who are currently trapped in cycles of poverty and punishment for a past criminal conviction.”  

“It will help address the harm done by decades of racist over-policing that targeted Black and Brown communities and remove a significant barrier to employment, housing, and other necessities that formerly incarcerated New Yorkers need to re-enter society and rebuild their lives with dignity,” she said in a statement. “Albany lawmakers must build on this reform to provide more protections for formerly incarcerated New Yorkers.” 

The bill takes effect in one year. Hochul’s office said that it will take the State Office of Court Administration up to three years to implement the processes necessary to identify and seal all eligible records. 

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Japan’s Lower House Passes Bill to Legalize Cannabis-Derived Pharmaceuticals

11/17/2023

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Japan’s lower house of the National Diet on Tuesday passed a measure to legalize cannabis-derived pharmaceuticals, the Japan Times reports. The bill would also close a loophole in the country’s 1948 Cannabis Control Law, which bans possession, trade, and cultivation of cannabis and related products but does not contain a specific reference to use. 

Under the bill, cannabis would be added as a banned substance under the Narcotics and Psychotropics Control Law, and violations of the law would be punishable by up to seven years in prison.  

The measure would allow clinical use for pharmaceuticals derived from cannabis, such as Epidiolex – which has been approved in the U.S. and Europe to treat severe epilepsy. A clinical trial of the drug, manufactured by GW Pharma, is currently underway in Japan, the report says. 

Following the vote, Cabinet Secretary Hirokazu Matsuno told the Times that lawmakers “hope that, through this bill, a path will be opened for patients with intractable epilepsy to use medicines derived from the cannabis plant, helping to improve their quality of life.” 

“At the same time, we hope that the bill will help us crack down on the illicit use and possession and prevent its abuse.” — Matsuno to the Times 

The 1948 law had avoided referencing cannabis consumption in an effort to protect the nation’s hemp farmers who could accidentally inhale cannabis while harvesting hemp crops. During a Lower House Health, Labor and Welfare session deliberating the bill last week, experts contended that criminalizing cannabis “use” would excessively penalize young offenders, and ostracize them, which would make reintegration back into society more difficult. A resolution was added to the proposal calling for the government to create a support system for such offenders so they can receive drug abuse prevention education, rehabilitation, and job assistance. 

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Lubbock, Texas City Council Rejects Cannabis Decriminalization; Issue to Head to Voters

11/17/2023

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The Lubbock, Texas City Council on Tuesday unanimously rejected a proposed ordinance to decriminalize personal possession of cannabis, the Texas Tribune reports. The rejection by the council paves the way for the issue to be put to voters next year, which appeared to be the endgame for advocates behind the proposal. 

Adam Hernandez, communications chair for Lubbock Compact, advocated for the council to leave it up to a vote during the public comments, saying the issue is too important to be decided by seven people.  

“It’s not fair to either side – the council or the citizens – so our position was that it should go to a vote. We just needed them to vote it down so it would be put on the ballot. That’s what they chose to do, not necessarily for those reasons, but we’re good with that.” — Hernandez to the Tribune  

During the meeting, Mayor Tray Payne applauded the group’s efforts but said the proposal contradicts state law and, therefore, was “void and unenforceable.” 

“I do not think it’s appropriate that we try to contradict state law in this manner,” Payne said during the meeting. “Until and unless amendments are made by the Legislature, the city of Lubbock is curtailed by current state laws on the issue.” 

Residents in five Texas cities have approved similar ballot questions; however local city councils have declined to put the rules in place. The question will be put on ballots in May and, if approved, Lubbock would be the largest city in Texas to pass the reforms. 

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Florida Supreme Court Poised to Allow Cannabis Legalization Ballot Question in 2024

11/16/2023

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The Florida Supreme Court seems poised to allow an adult-use cannabis legalization proposal to be put to voters next year, seemingly rejecting the arguments by state Attorney General Ashley Moody that the initiative’s wording is misleading and that it violates the state’s single-subject rule on ballot questions, the Miami New Times reports.  

During a hearing last week, Justice Charles T. Canady said he was “baffled” by the argument laid out by Chief Deputy Solicitor General Jeffrey Paul DeSousa of the Florida Attorney General’s Office, which claimed that the initiative will make voters believe that approving the measure will protect Floridians from federal cannabis law violations. Canady responded to this argument by pointing to the 74-word initiative, which explicitly says the provisions of the constitutional amendment “Applies to Florida law; does not change, or immunize violations of, federal law.” 

Justice John D. Couriel said that the state Supreme Court’s decision in 2021 to block a similar initiative based on misleading language was due, in part, “because the ball was hidden” regarding federal law issues. 

“Where’s the hidden ball?” Couriel asked state attorneys during the hearing. “It says on the face of this that it applies to Florida law.” 

Chief Justice Carlos G. Muniz noted that while the measure would legalize cannabis and authorize current medical cannabis operators to sell products directly to adults, he didn’t see how those two provisions are “not directly connected” and, therefore, a single subject.  

Canady added that Moody’s office was “turning the single-subject requirement not into anything other than a straitjacket on the people.” 

The Supreme Court has until April 1, 2024, to rule on the case. 

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Maryland Opens First Round of Adult-Use Cannabis Business Licensing

11/16/2023

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The first round of adult-use cannabis licensing is open in Maryland. The first round of licenses is set aside for social equity applicants, defined by -state law as companies with “at least 65% ownership held by one or more individuals who have been verified as social equity applicants.” The state has already verified social equity applicants eligible under the law.  

Additionally, social equity applicants lived or went to public school in an area disproportionately impacted by the criminalization of cannabis or attended a four-year institution of higher education in Maryland where at least 40% of enrollees were eligible for a Pell Grant. The state has previously published the ZIP codes and public schools in Maryland that are within a disproportionately impacted area, and the qualifying four-year institutions of higher education.  

The Maryland Cannabis Administration will award up to 179 licenses, including 75 standard dispensaries, which will be distributed by county, and 16 standard growers, 32 standard processors, 24 micro growers, 24 microprocessors, and eight micro dispensaries, each of which will be distributed by region. Each applicant may apply for multiple license types but will only be awarded one.  

The application period will close on December 12. 

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