Federal Labor Agency Agrees to Settlement Between Missouri Cannabis Company and Union

11/16/2023

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The National Labor and Relations Board (NLRB) has approved a settlement agreement between a Missouri cannabis dispensary and a union which forces the company to reinstate five employees and pay more than $145,000 in backpay, front pay, and interest and compensation to 10 employees who were terminated following a March union organizing action.

In a statement, NLRB Region 14 Regional Director Andrea J. Wilkes said, “Individually and collectively, this settlement vindicates employee rights under the National Labor Relations Act.” — Wilkes in a press release

The agreement between Point Management, which owns Columbia-based Shangri-La dispensary, and the United Food and Commercial Workers Union, Local 655 resolves 15 unfair labor practices complaints which were set for an October 30 trial.

Under the settlement, Shangri-La agreed to:

  • Recognize and bargain with UFCW Local 655;
  • Pay backpay to 10 terminated employees;
  • Offer reinstatement to five terminated employees;
  • Pay front pay to five terminated employees in lieu of reinstatement;
  • Pay damages to a terminated employee for the interest on a high-interest loan that an employee was forced to take out because of their termination;
  • Rescind its ban on terminated employees from public areas of Shangri-La;
  • Rescind certain provisions of its Handbook and Non-Disclosure Agreement;
  • Read a remedial Notice to Employees at meetings covering each shift;
  • Email the remedial Notice to Employees to its current employees;
  • Place the Notice to Employees on WhatsApp, the messaging platform utilized by Shangri-La to communicate with its employees; and
  • Attend a training conducted by the NLRB for its managers and supervisors about employee rights under the National Labor Relations Act.

In an editorial published in the Labor Tribune, UFCW Local 655 President David A. Cook said, “workers won.”

“This settlement will allow workers at this company to participate in union organizing the way all workers deserve: out in the open and without the fear of reprisals,” he wrote. “Whether or not workers wish to form a union in their workplace is a decision that should be up to them, and only them. It’s a democratic process that, if done fairly, allows for workers to make an informed decision based on all the facts.”

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Blunt Truth: 50% of Gloves Are Contaminated

11/15/2023

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Wash your hands? Duh. Clean hands don’t spread germs.

Wash your gloves? Should you? Do you have to? Cliff notes to this blog; no, you should not have to wash your gloves. But truth be told, we had a lab test new gloves right out of the box and … if you saw what we found, you may think twice about needing to wash them before they touch your product.

The Dark Side of Cannabis Gloves

This story doesn’t start in a village far away; it starts a little over five years ago. We, at Eagle Protect, ordered a mix of gloves that were currently available for sale and sent them to a third-party lab for testing. 2,800 gloves from 26 brands, which included a mix of medical and food-grade gloves, were tested. All the gloves were new and unopened. We wanted to get a glimpse into what the status of the glove market actually was.

We were shocked. Our research found:

  • 50% of the gloves were found to carry fecal indicators. Yes…components of poop were on half of the gloves.
  • 260 unique and viable microbes were detected, including E. Coli, Listeria, Anthrax, Salmonella and you guessed it, Aspergillus.
  • Based on CFU sample measurements, we could expect to see 100,000 colony-forming units (CFU) per glove. This means there could be over one million CFUs per box of gloves! I’m not a scientist, but even I can tell you that this is outrageous and completely unacceptable.

Enabling Glove Contamination

How does this happen? How is there so much contamination on new disposable gloves, an item meant to improve cleanliness and help mitigate contamination? Basically, it boils down to dirty water (pun intended), poor water sources, poor filtration, contaminated systems and so on. Gloves are frequently washed during manufacturing. Oversimplifying it, everything in that dirty water is now on your gloves.

This isn’t fair, you say. We agree. How does a box of contaminated disposable gloves get past government compliance checks and onto the shelf?

Most gloves used in the cannabis industry are FDA-compliant for food handling. To be compliant with FDA (21 CFR 177), an initial one-time test is conducted by the factory in southeast Asia and is focused solely on the chemical content of the glove and the potential for any harmful chemicals to migrate from the glove onto the food or product it touches. FDA Food Compliance does not require gloves to be clean or without holes. And to top it off, disposable gloves are not inspected upon arrival into the US. The actual gloves imported to the US are never tested to see if they are clean or not full of holes. The glove industry has a little bit, ok, a lot of bit, of the honor system built in.

Fighting to Protect Cannabis Companies

This is not fair! It’s not fair to the company, who should be able to trust the products they buy to uphold the standards the product is intended for. It’s not fair that the company, which has no way of truly knowing whether their gloves were made responsibly, is the one that is 100% responsible for the ramifications of potentially contaminated gloves.

What can you do?

First off, we recommend asking questions. Ask about the factories that manufacture the gloves. Ask for factory and supplier certifications. What are they doing to prove they are producing a cleaner and safer glove that will protect your product, your workers and your brand?

Secondly, don’t settle. Find a supplier that can continuously supply you with a trustworthy and consistently high-quality glove. Don’t let a distributor send you whatever they have on the shelf unless you like to live wildly and play contamination roulette.

Third, look for red flags. Are your gloves constantly ripping? Do they irritate your skin? Are sizing and quality inconsistent? These are all red flags telling you to find a better-quality disposable glove. If you want to learn more about the specs of the right cannabis glove, read our previous blog, Glove Essentials: Cannabis Industry Must Knows.

Of course, we’re biased. We know we source the best cannabis gloves on the market. But we can also confidently say that if you put in a little work finding a reliable and consistent glove supplier, you’ll never have to think about gloves again. Inventory will always be available. You will receive the same product (that works) every time. Less ripping. Fewer skin issues. One thing off your plate for good. Wouldn’t that be nice? It’s not too good to be true. And truth be told, you may save a little green along the way.

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South Africa National Assembly Approves Bill to Legalize Personal Cannabis Use

11/15/2023

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A bill to allow personal cannabis use in South Africa was approved by the National Assembly on Tuesday, according to a report from The Citizen. The measure was first proposed in 2018 after the Constitutional Court decriminalized cannabis for private use. 

During the session on Tuesday, MP Janho Engelbrecht noted that the measure does not legalize cannabis sales and if individuals want to consume it legally, they have to grow it.  

The measure also provides expungement of criminal records of those convicted of possession, use, or dealing in cannabis based on presumption, the report says. It does not specify the quantities of cannabis plants and dried cannabis that a person may be allowed to possess for private use. 

The bill also does not legalize cannabis for medical use.

Moloto Mothapo, a Parliament spokesperson on the issue, indicated, though, that the Portfolio Committee on Justice and Correctional Services, which is in charge of processing the bill, is hopeful the measure will lead to a broader commercialization of cannabis, which the government has identified as one of 14 priority sectors to secure investment, job creation, and support for sustainable rural livelihoods. 

The Western Cape Town High Court in 2017 ruled that it is unconstitutional to prohibit cannabis use by adults in private homes in a case filed by Dagga Party leader Jeremy Acton and Rastafarian Garreth Prince who argued that some of the sections of the Drug Trafficking and Medicines Control acts are discriminatory, outdated, or unfair, and applied disproportionately to Black individuals. The Constitutional Court would affirm that ruling the following year and require the government to approve an appropriate bill by September 28, 2024. 

The bill moves next to the National Council of Provinces for concurrence. 

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Montana Cannabis Companies and State Agree to 60-Day Injunction Against Increased Licensing Fees

11/15/2023

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Three Montana cannabis licensees and the state last week agreed to a joint agreement to allow a 60-day preliminary injunction against a state law that increased licensing fees for businesses that operate multiple dispensaries, KTVH reports. The agreement in the lawsuit filed by cannabis business owners in the state gives the plaintiffs and the state time to come to a negotiated settlement.

Under the law, which passed at the end of the 2023 legislative session, dispensary owners would pay $5,000 for the first dispensary, $10,000 for the second, and another $5,000 added to the fee for each additional. Under the previous state law, businesses paid a flat $5,000 fee for each additional dispensary.

Granite Peak Holdings, one of the plaintiffs in the lawsuit, said that under the new regime, it would have to pay $525,000 in fees for its 14 active dispensaries, compared to $70,000 under the previous law.

“If the State is not enjoined from implementing its newly enacted fee structure, Plaintiffs will have to shut down many of their dispensary locations,” the lawsuit contends, “resulting in employee job losses, harm to the public who utilize the Plaintiffs’ dispensary locations, loss of value in their owned and leased locations, and liability arising from probable breaches of their lease obligations.”

Two other licensees – TSB, which operates 15 Top Shelf Botanicals dispensaries, and MariMint, which operates five dispensaries – expressed the same concerns in the lawsuit and further argued the new fee structure would be an unjustified “taking” of their property, the report says.

The Montana Department of Justice argues that the state does have legitimate regulatory costs when licensees decide to open additional dispensaries and that the plaintiffs couldn’t establish that there is a taking of property simply because they don’t have the opportunity for more locations.

“The burden on Plaintiffs is minimal,” the state said in the filing. “There exists one reason and one reason only that Plaintiffs seek to open different marijuana industry locations under the same license – they want to make money.”

A hearing set for this week was canceled due to the agreement.

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Australian Medical Association Opposes Adult-Use Cannabis Legalization Bill

11/15/2023

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The Australian Medical Association (AMA) is opposing a bill to legalize cannabis for adult use citing the potential for increased “health and social-related harms.” In its opposition letter, the organization says that while it supports decriminalization for personal use and raising the age of criminal responsibility to 14-years-old, it is concerned that “people may use recreational cannabis products to self-medicate when Australia already has an existing, high-quality process for assessing the safety, quality, and efficacy of therapeutic products through the [Therapeutic Goods Administration].” 

“The AMA believes that if cannabis was legalized for recreational purposes, it would indicate to the public that cannabis use is not harmful. However, the AMA recognizes that the current approach to cannabis regulation could be improved. The AMA believes that cannabis use should be treated first and foremost as a health issue instead of a criminal issue. The AMA supports the Therapeutic Goods Administration’s role in assessing the safety, quality, and efficacy of cannabis products for therapeutics purposes.” — AMA Submission to the Senate Legal and Constitutional Affairs Committee – Legalizing Cannabis Bill 2023, Nov. 3, 2023 

The letter notes that “the absolute risk of harms associated with cannabis use is low and those who use cannabis occasionally are unlikely to be affected” but that “there are short- and long-term mental and physical health impacts of using cannabis which can vary depending on the individual’s mood and weight, their method of administration and quantities used.” The AMA also said it is concerned that legalization would “put further pressure on an already strained health system, including further strain on already limited and under-funded mental health and drug rehabilitation services.” 

Cannabis is the most common illicit drug used in the country, with 36% of Australians 14-and-older using cannabis in their lifetime, according to 2019 figures from the Australian Institute of Health and Welfare cited by the AMA. In 2019, 11.6% of Australians said they had consumed cannabis within the previous year. Cannabis is legal for medical purposes in Australia.  

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oHHo’s Community Program Offers CBD Affiliate Opportunities

11/14/2023

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oHHo, a leading provider of high-quality hemp products, is offering a Community Program designed to foster sustainable affiliate partnerships and promote its mission of providing premium CBD products. This initiative offers affiliates an opportunity to earn commissions while contributing to expanding the brand’s reach.

Key highlights of the oHHo Community Program include:

  1. Generous Commissions:
    • Affiliates can earn a 25% commission on every sale generated through their unique affiliate link.
    • An additional 10% commission is provided on purchases and sales made by those who join the community through affiliate referrals.
    • Affiliates can also earn a 10% commission on wholesale accounts.
  2. Monthly Cash Bonus Opportunities
  3. Personal 25% discount on purchases
  4. Additional Perks:
    • Affiliates have the opportunity to earn free products, exciting trips, oHHo merchandise, and more.
  5. Comprehensive Support:
    • Dedicated support is readily available to provide affiliates with the resources and assistance they need to succeed.
  6. Marketing Materials:
    • Affiliates gain access to a library of professionally designed social media assets and educational materials.
  7. Education Program

Joining the oHHo Affiliate Program is a simple process: affiliates can sign up as a Community Connector for $49 and immediately receive their unique URL. They will also gain access to the community platform, which offers a range of tools, resources, and a comprehensive educational program. For those looking to build a team and explore additional earning opportunities, signing up as a Community Builder for $79 is also an option. There are no recurring monthly fees or requirements for participation, making it accessible to all.

oHHo’s mission is centered on sharing exceptional products that positively impact lives. The company achieves this by crafting the cleanest, most sustainable, and high-potency CBD and hemp products available in the market. Every oHHo product is carefully formulated with minimal additional ingredients, ensuring each one delivers its unique benefits while complementing the power of cannabis extracts.

oHHo proudly collaborates with small farms, cultivating areas ranging from 1 to 40 acres, to harness the full spectrum of beneficial compounds found within natural cannabis plants. Rigorous third-party analysis of crude extracts and finished products is conducted to assess potency and purity. Each oHHo product comes with a QR code for transparency, linking customers to a detailed COA (certificate of analysis, a report prepared by the labs that test the product).

As part of its commitment to sustainability, oHHo utilizes sustainable, eco-friendly, and recyclable materials in its packaging. The brand actively seeks biodegradable and compostable alternatives to plastic wherever feasible. oHHo is also a cruelty-free brand, holding Leaping Bunny Certification, as well as a supporter of independent science journalism and medical research via Project CBD.

To explore oHHo’s full product line and learn more about the Community Program, please visit their website.

For inquiries about oHHo’s Community Program and further information about the brand, please contact:

Jill Kay, Email: jillkay.ohho@gmail.com, Instagram: @Jill.ohHo

About oHHo: oHHo is a trusted provider of premium CBD products that prioritize quality, sustainability, and effectiveness. With a mission to share life-enhancing products, oHHo prides itself on crafting clean and potent CBD solutions sourced from small farms. The brand places a strong emphasis on transparency, sustainability, and cruelty-free practices to create a positive impact on individuals and the planet.

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Oklahoma Regulators Seek to Revoke 165 Medical Cannabis Cultivation Licenses

11/14/2023

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The Oklahoma Medical Marijuana Authority (OMMA) is seeking to revoke the licenses of 165 cultivation facilities in the state for failing to post signage on their property as required under a bill that took effect last year. The law requires licensed medical cannabis growers in the state to have a sign indicating their business name, phone number, address, and business license number and allows for immediate revocation of their license if the signage is not up within 60 days after license renewal.

In a statement, OMMA Executive Director Adria Berry said that following the bill’s passage, OMMA inspectors “immediately began noting which facilities were in compliance and which ones were not.”

“As a regulatory body, it’s our job to ensure the licensed medical marijuana industry is in compliance with state laws and regulations. Consistent regulation is essential for shaping a balanced and well-regulated cannabis market in our state. Kudos to the thousands of businesses out there that took the time to put up proper signage.” — Berry in a press release

The agency notes that within the last year, OMMA inspectors have completed almost 7,000 inspections and 4,600 operational status visits, which led to the seizure of nearly five tons of illicit cannabis and an entire dispensary, and the embargo of around 3,000 pounds of cannabis and nearly 71,200 plants. The agency said it has also assisted law enforcement partners throughout the state more than 114 times, including conducting 13 search warrants which led to an arrest, and 65 location visits to investigate complaints.

Oklahoma’s medical cannabis program is considered one of the country’s most permissive and last session lawmakers passed several bills aimed at curbing the diversion of medical cannabis products and enhancing state regulations.

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Gallup Poll: Support for Cannabis Legalization in U.S. Reaches 70%

11/14/2023

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A Gallup poll released November 8 found a new record level of support for cannabis legalization among U.S. adults, topping 70% after totaling a then-record 68% for three years. The pollster found 28% of respondents opposed the reforms with 1% unsure. 

In 1969, when Gallup first asked about legalizing cannabis, just 12% favored the reforms.  

Cannabis legalization was popular among a majority of all subgroups, including 91% of self-identified liberals, 87% of Democrats, 52% of self-identified conservatives, 55% of Republicans, and 70% of independents. Respondents 18-34-years-old strongly backed the reforms, with support reaching 79%, along with 71% of those 35-54, and 64% of those 55 and older. 

“There are no significant differences in support by gender, race or education,” Gallup said in a press release. “While most of the regional differences seen this year are also not statistically significant, the lower support for legalization in the East than in the West and Midwest is consistent with the recent trend.” 

The pollster notes that “the poll finds no difference in support for legalization between residents living in the 23 states plus the District of Columbia where recreational use was already legal at the time of the poll and those living in the other 27 states that retain more restrictive laws.” 

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Ohio Gov. Calls for Changes to Voter-Approved Cannabis Legalization Bill

11/14/2023

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Ohio Gov. Mike DeWine (R) is calling on lawmakers to make changes to the voter-approved cannabis legalization measure before it takes effect on December 7, Ohio Capital Journal reports. During his remarks to reporters last week, DeWine said that while “We respect what the people have done … we’re also going to live up to our responsibility to all the people in the state of Ohio, whether they voted for it or voted against it.” 

“My recommendation to the General Assembly is that they take action to make sure that both rights are protected. … People have a right to smoke it. People have a right to consume it. But also that everybody else’s who doesn’t choose to do so is also protected with their rights as well.” — DeWine via Ohio Capital Journal 

DeWine, along with Republican lawmakers in the state, had opposed the reforms which ultimately passed with 57% of voter support. 

DeWine said changes to the law should focus on limiting cannabis advertising, potential harm to children, and the social impacts, such as public consumption. 

The governor said he hoped to have any changes to the measure completed by December 7 so that lawmakers and his administration are “not in a situation of taking something away from people.” 

Ohio House Speaker Jason Stephens and Ohio Senate President Matt Huffman, both Republicans, have indicated that they, too, would like changes to the bill. 

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Missouri Nears 100,000 Cannabis Expungements Under Adult-Use Law

11/13/2023

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Missouri has expunged nearly 100,000 convictions as part of the adult-use cannabis constitutional amendment approved by voters last year, KMBC 9 reports. Under the law, nearly every misdemeanor cannabis conviction was to be expunged by June 8, except for offenders still incarcerated or currently supervised by the Department of Corrections, and felony convictions are supposed to be expunged by December 8.

Dan Viets, who wrote parts of the constitutional amendment, told KMBC 9 that while state officials “have not technically met the deadline” laid out in the law, as long as courts “are making a good faith effort to comply” with it, advocates will be satisfied; however, if communities don’t work on the expungements, lawsuits could be possible.

“…We’re dealing with a century of marijuana prohibition in Missouri. So, there are hundreds of thousands of cases.” — Viets to KMBC 9

John Mueller, co-owner of 31 Greenlight Dispensary stores, including 15 in Missouri, noted that adult-use cannabis sales are generating tax dollars for municipalities and the state and that those funds can be used for the expungement process.

“That’s one of the things that I think the industry is the most proud of,” he said in the report, “is getting that in the Constitution.”

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BDSA: Ohio Medical Cannabis Market on Pace to Total $520M This Year

11/13/2023

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Ohio’s medical cannabis market is expected to reach $520 million this year, according to cannabis industry intelligence firm BDSA, which also anticipates the state’s combined cannabis market will total $820 million in 2025 – the anticipated first year of adult-use sales after voters approved the reforms on Tuesday.  

BDSA estimates that by 2027, combined cannabis sales in Ohio will reach $1.65 billion, making the state’s cannabis market “one of the fastest growing” in the U.S. In 2022, Ohio saw a 26% sales growth in medical cannabis sales, the firm said. 

In a statement, Roy Bingham, co-founder and CEO of BDSA, said that “In recent years, the Midwest has become a thriving hub for the cannabis industry and Ohio is rapidly emerging as a promising market.” 

“Ohio’s unique regulatory environment and the increasing acceptance of medical cannabis underline the significance of this market,” he said. 

According to BDSA, in Q2 2023, flower held a 51% market share in Ohio’s medical cannabis space, with vape products holding a 23% market share. Concentrates accounted for 4% of sales, which BDSA notes is half of the 8% market share concentrates holds in other medical-only cannabis states.  

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Wyoming Bill Seeking to Ban Synthetic Intoxicating Hemp Products Moves to Legislature

11/13/2023

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A bill to ban intoxicating hemp products in Wyoming is moving to the Legislature after passing the Joint Judiciary Committee in a 6-8 vote on Monday, WyoFile reports. However, following the vote, at least two lawmakers, including the co-chair of the committee, said the proposal would need more work to get through both chambers.

State Sen. Bill Landen (R) told WyoFile he doesn’t “have any doubt that this is a work in progress” but likes the fact that moving it out of committee is a step in “a necessary direction.”

The committee in September considered similar legislation but ultimately scrapped the plan after pushback from the state’s hemp companies. State Rep. Art Washut (R) previously told WyoFile that “The first draft went too far in terms of causing a threat” to the state’s hemp farmers, and lawmakers “didn’t want to go there.”

The proposal approved on Monday would ban the addition of “synthetic substances” to hemp and would prohibit hemp products from containing more than 0.3% of any type of THC on a dry weight basis, including delta-8 THC and delta-10 THC. The measure defines “synthetic substances” as “any synthetic THC, synthetic cannabinoid or any other drug or psychoactive substance.”

State Rep. Barry Crago (R), during Monday’s hearing, said he would not vote in favor of the law of “for one instance” it feels like it will ban CBD products.

“…And I’m guessing most everybody on the committee is not going to vote for it,” he said.

Marcus Jones, operations manager for Platte Hemp Company, noted that there are concerns about the definitions in the bill, including “synthetic” and its lack of definition of “psychoactive,” which could target CBD products.

“There’s CBD, which is considered a non-psychoactive, but by definition, it is a psychoactive because it alters your mood state,” Jones said during the hearing. “It elevates your mood state.”

The bill aims to outlaw delta-8 and delta-10 THC products, despite the state already having a law on the books imposing such a ban; however, a state Crime Lab expert has testified that there is no way to differentiate between synthetic and natural delta-8 compounds.

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Virginia Cannabis Regulators Call for End to Intoxicating Hemp Free-For-All

11/10/2023

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The Virginia Cannabis Control Authority on Wednesday published its General Assembly-mandated report on consumable hemp products in the state, saying the products have “exploded in popularity due in large part to their accessibility and potential to produce intoxicating effects comparable to the ‘high’ experienced from marijuana.”

The agency alleges the “public health risks posed by these products are numerous and grave” due to “minors’ relatively unhindered access to the products, unwitting consumption of the products because of their resemblance to other commonly consumed non-intoxicating goods, and the potential ingestion of products contaminated by residual solvents, microbials, and pesticides.”

Based on the finding, the CCA made for recommendations for lawmakers to consider, including imposing “robust contaminant testing requirements for all consumable hemp products,” requiring “ingredient limits and implementing a pre-approval process for the products,” restricting “the access of minors to consumable hemp products at retail locations and through online sales,” and imposing “further limits on online sales of the products.”

The report notes that the products are legal under federal law, and that while federal lawmakers could address some of the issues associated with intoxicating hemp products in the 2023 Farm Bill, “competing legislative priorities in Congress, action on the 2023 Farm Bill, including any changes affecting hemp, is more likely to occur in 2024 than in 2023.”

“As of the publication of this report, no action on the farm bill has occurred,” the report says. “Without further action from Congress addressing the loopholes created through the 2018 Farm Bill, hemp-derived product manufacturers, distributors, and retailers will remain emboldened to challenge any state-level efforts to impose restrictions on hemp-derived products.”

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University of Mississippi to Launch Medical Cannabis and Dietary Supplements Graduate Program

11/10/2023

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The University of Mississippi this week launched an online medical cannabis and dietary supplements graduate program. The university said the program “builds on the expertise and research excellence” found in its School of Pharmacy’s National Center for Natural Products Research and National Center for Cannabis Research and Education.

The National Center for Cannabis Research and Education was launched in 2021. The University of Mississippi for more than 50 years held the only federal license to cultivate cannabis through the National Institute on Drug Abuse Drug Supply Program.

In a statement, Donna Strum, dean of the School of Pharmacy, said the program “promises to open up a world of opportunities for those looking to advance their careers in these industries.”

“With these industries growing in our state and our country, this program is designed to ensure the workforce is well-trained and has the knowledge and skills to be effective and contribute to these industries.” — Strum in a press release

David Colby, the program’s organizer and a professor in the school’s Department of BioMolecular Sciences, noted that no other institutions in the state offer such a program and only a handful exist nationwide. He added that even those programs are “mostly focused on training pharmacists and health care professionals how to manage patients on medical cannabis and how to help train patients who want to know about therapeutics.”

“We want to train them in the chemistry, the biology, and the toxicology,” Colby said in a statement. “We’ll be teaching about plant genomics and formulation and manufacturing, as well as regulation. We want to train people who want to work in those industries, not necessarily a pharmacist who wants to recommend the correct cannabis product.”

The program will officially launch next year and will offer rolling admissions.

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Lawsuit Challenges New Hemp Rules in Alaska

11/10/2023

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A lawsuit in Alaska is challenging a recently approved Department of Natural Resources (DNR) regulation that limits intoxicating hemp products, claiming the rule is unconstitutional, the Alaska Beacon reports. The DNR rule took effect last week and prohibits the agency from approving industrial hemp products that contain delta-9 THC.

The lawsuit, brought by hemp growers and manufacturers, argues that the new regulations outlaw every hemp-derived product made in the state and will “have the effect of destroying” the state’s Industrial Hemp Pilot Program. It names the State of Alaska, the DNR and Commissioner John C. Boyle III, the Alaska Division of Agriculture (DoAg) and Director Bryan Scoresby, and Lieutenant Gov. Nacy Dahlstrom as defendants.

Further, the lawsuit contends the regulations provide “a clear protectionist affect (sic)” for the state’s cannabis businesses and the state’s cannabis tax regime. It also argues the regulation violates the U.S. Constitution’s commerce clause because hemp is federally legal.

“The amendments state that the DoAg may declare any cannabis product for human consumption as a ‘public nuisance injurious to the public interest,’ and grants the DoAg the right to destroy products once declare (sic) a public nuisance,” the lawsuit states. “Additionally, the DoAg will no longer endorse any industrial hemp product that contains Delta-9-THC, which [is] a significant portion of the final product and depending on when tested for THC, all hemp products. Thus, the processing and manufacturing of cannabis products contain no more than 0.3% Delta-9-THC will be left entirely to the marijuana industry, which has lesser testing requirements than hemp.”

Attorney Christopher Hoke, representing the plaintiffs, has requested a temporary restraining order to prevent the regulations from taking effect while the lawsuit proceeds.

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California Cannabis Regulators Deem National Agricultural Workers Union a Fake Labor Organization

11/09/2023

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The California Department of Cannabis Control (DCC) on Tuesday clarified that the National Agricultural Workers Union (NAWU) is not a bona fide labor organization and that cannabis licensees required to have labor peace agreements in place who entered into an agreement with the NAWU are out of compliance with licensure requirements.  

The state had been investigating the organization as a “fake” union and had received a complaint from the International Brotherhood of Teamsters in July, according to an MJBizDaily report. The NAWU had entered into labor peace agreements with licensees under the Caliva brand name, the report says.  

An investigation into the Teamsters’ claims by the Agricultural Labor Relations Board (ALRB) found that the NAWU had “no employees,” only one member, and that the NAWU’s total receipts for three years, including union dues, amounted to zero. 

“NAUW claimed that after it was founded as a ‘grassroots’ labor organization in early 2020, it attempted to organize workers using volunteers, but was met with obstacles such as the COVID-19 pandemic and cannabis workers’ lack of interest,” the ALRB said in its decision. “However, NAWU did not provide any evidence to support its claim that it made efforts to organize and represent cannabis workers, such as literature, brochures, or flyers distributed to the workers. NAWU failed to show that it had any meaningful online presence where individuals could have learned about the organization.” 

According to the DCC, any agreements made with the NAUW are null and void.  

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Award-Winning Documentary ‘Cannabis + Creativity’ Lights Up the Film Festival Circuit

11/09/2023

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“Cannabis + Creativity,” a documentary examining the role of cannabis in the artistic process, has claimed two prestigious awards at film festivals this past month. At the Catskills International Film Festival on October 22, 2023, the film was honored with both Best Documentary and Best Documentary: Audience Selection. Continuing its successful run, it also secured the Best Documentary award at the Montreal Women Film Festival a mere week later.

Directed by Elana Frankel with executive producers Etain, a woman-owned cannabis brand based in New York, along with Dr. Nancy B. Austin, “Cannabis + Creativity” spotlights the personal and professional insights of artists who incorporate cannabis into their creative workflow. Assistant Director Kassia Graham and Cabin Creek Films contribute to a film that features a prominent lineup, including scientist Miyabe Shields, PhD, Chef Ali, jazz singer Kaya Nicole, musician treya lam, creative director Sam Jones, and poet Jasmine Mans.

The film’s exploration of cannabis’ impact on creativity has resonated with audiences and critics alike, generating a buzz on social media and earning positive reviews: Cara Wietstock of GreenState praised the documentary for providing “a full meal for thought in a short time frame.”

This documentary’s success is reflective of a larger conversation about the intersection of cannabis use and art, a connection that has long been understood but seldom explored in-depth in mainstream culture.

The featured interviews in “Cannabis + Creativity” give a voice to those who see cannabis as an integral part of their artistic endeavor. From the culinary arts to jazz music and poetry, the documentary presents cannabis as a muse and a partner in the creative process, inviting viewers to reconsider the potential of this often-misunderstood plant.

For updates on the documentary’s tour and viewing opportunities, audiences can follow Elana Frankel on Instagram.

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Washington DC Opens Licensing Window for Unlicensed Cannabis Operators

11/09/2023

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In a much-anticipated development, the third licensing round for D.C.’s expanded medical cannabis program officially kicked off last week, as highlighted by reporter LJ Dawson for The Outlaw Report. The Alcohol Beverage and Cannabis Board reported receiving a total of 20 applications for retail licenses and one application for an internet retailer license on the very first day of the application period.

This licensing round aims to address the longstanding issue of unlicensed operators, including the various “weed-gifting” shops that have operated throughout the city. These shops have ranged from legitimate retail stores that gifted cannabis products after the purchase of other items to out-of-state operators setting up temporary shops to distribute illicit market products without adhering to any gifting protocol.

Key points applicants need to know:

  1. Location: Applications will be accepted on a first-come, first-served basis, but shops cannot be within 400 feet of an existing retailer, which could be a deciding factor in obtaining a license.
  2. Social equity: The application process includes both social equity and standard licenses. Unregulated shops can still apply for an equity retail license during this period if they were operating in 2022 and can provide evidence. New retailer social equity applications will open in March.
  3. Timeline: The application period is open until 4 P.M. on January 29, 2023. The applications will be approved on a rolling basis, and there are four remaining board meetings where licenses could be approved.

Over the years, these shops proliferated across the city resulting in a quasi-legal unregulated local cannabis market. The government never intended for Initiative 71 (I-71), which initially legalized recreational cannabis in D.C., to create such an unregulated landscape.

To combat this issue and the ongoing federal prohibition on cannabis, the Medical Marijuana Expansion Bill was passed as a creative solution. This bill allows these shops to transition into the legal market by applying for licenses.

Notably, there was no chaotic scene or long lines at the Alcohol Beverage and Cannabis Administration office on the opening day of applications. Most applications were submitted online, although a few individuals opted to submit their applications in person.

For many, this moment marks a significant step towards the righting of past injustices, especially for those who grew up in D.C. and witnessed the negative impacts of the war on drugs and gentrification in their communities.

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Medical Cannabis Patient Counts in New Mexico Fall to 85k

11/09/2023

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Patient counts in New Mexico’s medical cannabis program have dropped significantly from the May 2022 peak of more than 135,000 to about 85,000, KRQE reports. According to Duke Rodriguez, president and CEO of Ultra Health, the loss of patients equates to the loss of around $85 million in cannabis demand.   

“The concern that we should all have is 50,000 New Mexicans felt like they got priced out of the market. It wasn’t available, it wasn’t affordable and the biggest concern we should be concerned about is what are they seeking in lieu of cannabis for their treatment.” — Rodriguez to KRQE 

New Mexico lawmakers legalized cannabis for adult use in April 2021 and sales commenced in April 2022.  

According to state Regulation and Licensing Department figures, adult-use sales in the state for October totaled about $34.6 million, with medical cannabis sales reaching about $12 million, losing about $600,000 from the previous month. 

In a statement to KRQE, the Department of Health indicated that they expected a reduced medical cannabis patient count in the wake of adult use legalization.  

According to state data, in October 2022, patient counts in the state totaled 119,819 and fell by about 3,000 patients in November, December, January, February, and March. From March to April 2023, patient counts fell by about 1,000, which continued into May and June, before falling again by about 3,000 in July. From July to August, about 4,000 patients left the program, and from August to September the headcount was reduced by about 5,000 patients.

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Ohio Voters Legalize Adult-Use Cannabis

11/08/2023

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Voters in Ohio on Tuesday voted to legalize cannabis for adult use, the Associated Press reports. Under the law, adults 21 and over can buy and possess up to 2.5 ounces of cannabis and grow plants at home. The measure imposes a 10% tax on purchases, which is earmarked for administrative costs associated with the program, addiction treatment, municipalities with dispensaries, and social equity and jobs programs supporting the new industry. 

However, as a citizen-initiated statute, lawmakers could make changes to the program – or even repeal it. The measure was opposed by Republican Gov. Mike DeWine, Republican state senators, and the Ohio Association of Health Commissioners.

Following the vote, Republican Ohio Senate President Matt Huffman, via a text by his spokesperson, told the AP that lawmakers may also reconsider “questionable language” regarding limits on THC.

In a statement, Matthew Schweich, executive director of the Marijuana Policy Project, said the approval by voters indicated “There should no longer be any doubt that cannabis legalization can win in a conservative state.”

“In the years ahead, more states will adopt legalization and further increase pressure on Congress to address the glaring conflicts between state and federal law regarding cannabis.” — Schweich in a press release

NORML Deputy Director Paul Armentano noted in a statement that “Cannabis legalization is an issue that unites Democrats, Republicans, and Independents.” 

“Ohioans have seen similar legalization laws adopted in neighboring states and they know that regulating the cannabis market is preferable to the failed policy of prohibition,” he said. “It is imperative that elected officials respect the voters’ decision and implement this measure in a manner that is consistent with the sentiments of the majority of the electorate.” 

A position paper from Scioto Analysis published late last month found that cannabis legalization in Ohio would likely generate about $260 million in “net benefits for society,” ranging between $200 million in net costs and $1.9 billion in net benefits. According to the report, Ohio would see an estimated $190 million from cannabis-derived tax revenues and the funds directed to the for the Cannabis Social Equity and Jobs Fund and the Substance Abuse Addiction Fund, could “generate over $800 million of social value by themselves.”     

Ohio is the 24th state to enact the reforms. 

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Wyoming Lawmakers Make Second Attempt to Ban Intoxicating Hemp Products

11/08/2023

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Lawmakers in Wyoming are making a second attempt on legislation to ban intoxicating hemp products after the Joint Judiciary Committee in September scrapped their first attempt after pushback from hemp companies, according to a WyoFile report. State Rep. Art Washut (R) told WyoFile that “The first draft went too far in terms of causing a threat” to the state’s hemp farmers, and lawmakers “didn’t want to go there.”

“So we got that completely removed. And what we’re focused on now are the delta-8 products, delta-10 products that we’re seeing, advertised and sold at so many locations around Wyoming.” — Washut to WyoFile

The new proposal would ban the addition of “synthetic substances” to hemp and would prohibit hemp products from containing more than 0.3% of any type of THC on a dry weight basis, including delta-8 THC and delta-10 THC. The measure defines “synthetic substances” as “any synthetic THC, synthetic cannabinoid or any other drug or psychoactive substance.”

Sam Watt, co-owner of Platte Hemp Company, told WyoFile that the ban would have a negative impact on the state’s hemp industry but that he would welcome more regulations on hemp products sold in the state, such as labeling rules to ensure consumer safety.

“In the hemp industry, it’s a free-for-all,” he told WyoFile. “And some of these guys that I meet, they’re dumping who knows what in their gummies and now, I mean, it’s not regulated. And that’s where I push for regulation, and so it’s safe for our consumers.”

Wyoming already has laws on the books banning synthetic hemp products but Sarah Barrett, the Wyoming State Crime Laboratory drug chemistry and toxicology supervisor, testified in September that there is currently no “scientific test … to prove” delta-8’s origins.

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Study: Majority of American Psychiatric Association Members Believe Psychedelics Show Promise in Treating Psychiatric Conditions

11/08/2023

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A study published in September in the journal Psychedelic Medicine found a majority of respondents – randomly selected American Psychiatric Association (APA) members – moderately or strongly believed that hallucinogens show promise in treating psychiatric conditions (80.9%) and substance use disorders (60.8%).

A majority of those surveyed also moderately or strongly supported research into hallucinogens‘ therapeutic potential for psychiatric conditions (93.9%) and substance use disorders (88.6%), as well as federal funding of associated clinical trials – 84.7% and 80.9%, respectively.

The survey was a follow-up to a 2016 survey which found 50.4% of respondents reporting moderate or strong intentions to incorporate hallucinogen-assisted therapy into their practice.

“Our data reveal a striking positive shift in attitudes toward the therapeutic potential of hallucinogens among American psychiatrists since 2016, with a majority of responding psychiatrists planning to incorporate hallucinogen-assisted therapy into their practice if regulatory approval is granted.” — “American Psychiatrists’ Opinions About Classic Hallucinogens and Their Potential Therapeutic Applications: A 7-Year Follow-Up Survey,” Psychedelic Medicine, Sept. 19, 2023

The survey was sent to 1,000 randomly selected American Psychiatric Association members, including 250 resident-fellows and 750 attending psychiatrists, in late 2022 and early 2023, and had a 13.1% response rate.

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Is Aroma An Underrated Factor In Cannabis Competitions?

11/08/2023

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Cannabis competitions are an excellent way for cannabrands to network, gain notoriety, and show off their top-shelf products. With so much incredible flower vying for attention from the judges, it’s essential to consider every aspect of your submission.

My years of experience in the cannabis industry have taught me that aroma is one of the critical factors determining quality cannabis — and it should be one of the top considerations in competitions, too. Read on to explore the criteria at cannabis competitions, why aroma is so important, and which competitions consider scent in their selection process.

Before states began legalizing cannabis and requiring lab testing, growers and buyers of cannabis relied heavily on aroma. Of course, the look, structure, and full effect of the high were all part of the overall consideration of the quality — but the aroma was always the most reliable determiner of the quality of cannabis flower. High-quality flower cultivars distinguish themselves with intense, compelling, and often pungent aromas, and growers knew through experience that if the aroma was great, the high and overall enjoyment of the flower was assured.

In the past year, scientific and medical studies have confirmed through double-blind testing that aroma is the most critical factor in determining the enjoyment of cannabis flower. If a consumer liked the aroma of a cultivar, they almost always loved the high. And yet, despite this, aroma is not given the emphasis that it should have in competitions.

Common Cannabis Competition Judging Criteria

Though the exact criteria vary depending on the competition and award type, judging usually comes down to these basic categories.

  • Appearance: In competitions evaluating the overall experience of consuming cannabis flower, award-winners need to be aesthetically pleasing, not just potent.
  • Aroma: Scent is one of the first things consumers and judges notice about cannabis flower. It can signal quality and provide valuable clues as to what type of experience the strain will elicit — and for seasoned cannabis consumers like the judges at these prestigious events, there’s no better smell than top-shelf cannabis flower.
  • Burn: Prizewinning flower will burn smoothly and evenly to produce a thick cloud of mellow smoke.
  • Taste: No matter what method judges use to sample the flower, they will notice how it tastes on the inhale and exhale.
  • Effects: Judges at cannabis competitions pay close attention to the overall experience, including how each cultivar in the lineup makes them feel.
  • Lab Results: To qualify for contests, cannabis must be lab tested for safety and to give the judges information they can’t observe directly, like the exact cannabinoid and terpene content.

Two Reasons Aroma Should Be a Top Criteria in Cannabis Competitions

Though all aspects of a cultivar are important, aroma should be weighted heavily in the overall results.

1. An Olfactory Focus Reflects Cannabis Expertise

Most judges in cannabis competitions are seasoned growers and consumers with years of experience interacting with cannabis plants. Experts know how vital aroma is in identifying high-quality weed that fits individual preferences and delivers desired results.

Professionals in the industry typically rely at least partially on smell to select flower for their personal use; it makes sense to emphasize this factor in competitions and formal settings, too.

Acknowledging the critical role of aroma in cannabis cultivation and consumption at competitions can also educate the public on what they should be looking for the next time they visit a dispensary or browse booths at a cannabis event.

2. Cannabis Aroma is Central to Meeting Consumer Desires

Scent is one of the first ways consumers interact with and experience cannabis. Experienced and novice cannabis consumers alike can smell different cultivars and instinctively decide which ones they will enjoy; it’s a more accessible and often more accurate method than decoding scientific-sounding terpenes and THC percentages.

Emphasizing aroma and working to cultivate cannabis with an attractive scent also plays a crucial role in attracting customers. Because scent is an integral part of the flower selection process, it is an excellent way to capture new consumers and retain existing clients.

Cannabis Competitions that Emphasize Scent

Most well-known cannabis competitions include aroma in their basic judging criteria; only a select few don’t consider scent in the judging process.

Competitions Without Aroma as a Criteria

Most cannabis competitions that don’t include aroma in their judging criteria focus on a specific niche in the cannabis industry.

The Grow-Off: This competition approaches cannabis competitions from a unique angle: all participants are provided with a clone of the same plant and are judged on the overall cannabinoid and terpene content they achieve. Though entries are likely to vary slightly in scent, this competition focuses strictly on growing conditions, not cultivar creation.

Cannabis Competitions with Aroma as a Criteria

These well-known competitions all include scent on the scoring sheet.

The Cannabis Cup: This event, hosted by High Times, is potentially the most prestigious cannabis competition in the United States. Judges evaluate flower entries based on “aroma, taste, visual aesthetics, stone/high, and burnability/flush.” Each cultivar receives a quantitative score based on their lab results, too.

American Autoflower Cup: Based in California, this competition celebrates — and evaluates — autoflower cultivars. Each entry is judged on “appearance, aroma, taste, effects, and the overall experience.”

The Errl Cup: This event is open to producers and distributors in Arizona. Judges evaluate entries based on seven categories: “visual; presence of seeds; aroma; taste; flush/burn/purity; strength and correct effect.” Lab results also affect each product’s score.

The National Cannabis Championship: An offshoot of the National Cannabis Festival hosted in Washington, D.C., this multi-tier competition is open to growers in Washington, D.C., and Virginia. Each entry is judged on its name, genetics, cannabinoid and terpene profiles, appearance, aroma, flavor, and experience.

Future Competitions Could Grade Cultivars Within Aroma Profile Groups

Once cannabis competitions properly emphasize aroma, we can dive deeper into what these different scents mean for the consumer.

Over the years, growers have found that there are key descriptives of common aromas and that getting to know these common aroma groupings can offer the consumer another way of understanding the flower and learning what types of flower are most appealing to each individual. While different growers may use different descriptive words, most agree that the common aroma profiles are Gas, Pine, Cheese, Purple, Fruit, and Dessert. Studying these aroma profiles shows how they grew from the distinctive cannabis cultivar family trees and their unique genetics.

One hopes that future competitions may allow entries within these aroma profile groups as a fun and meaningful way to explore high-quality cannabis from different genetic backgrounds and learn how these different aroma profiles appeal to different consumers.

Elevating Aroma as a Key Factor in Cannabis Competitions

Aroma plays a significant role in the overall quality and experience of cannabis cultivars. To reflect the importance of scent in cannabis cultivation, it only makes sense to include it as a key criterion in cannabis competitions that judge participants based on the creativity of their cultivation. Next time you attend a cannabis competition, pay close attention to the scents of the winning cultivars — especially if you’re looking to participate.

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Cannabis and Criminal Justice Advocates Urge Biden to Fully Deschedule Cannabis

11/07/2023

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In a letter to President Joe Biden (D), the Marijuana Justice Coalition and Cannabis Freedom Alliance said that the administration’s plans to move cannabis from Schedule I to Schedule III under the Controlled Substances Act “would simply maintain federal criminalization” of state-approved medical and adult-use cannabis programs, calling instead for full descheduling under federal law.  

“Currently, the cannabis marketplace is regulated by 48 states through various regulatory systems. In our federal system, these laboratories of democracy should not be impeded in their development of effective measures to ensure public safety and promote public health. Any action to move marijuana to another CSA schedule rather than removing it would simply maintain federal criminalization of these programs, licensed companies, and individuals operating in a fully legal manner under existing state rules and regulations. Further, this mere change of scheduling classification as opposed to descheduling would not alleviate existing distrust in law enforcement around cannabis given the supermajority public support for ending criminalization.” — Marijuana Justice Coalition, Cannabis Freedom Alliance in the November 2 letter 

The letter notes that, according to Federal Bureau of Investigation data, nearly 250,000 individuals were arrested nationwide for cannabis-related crimes in 2021 and that Black people were arrested at three times the rate of their white counterparts, despite similar rates of cannabis use.  

“People arrested for marijuana often face severe penalties, including months of prison or jail time and thousands of dollars in fines,” the letter states. “Incarceration or an arrest creates barriers to securing gainful employment, education, and housing opportunities.” 

The letter urges Biden to use his influence in Congress to pass comprehensive cannabis descheduling legislation “that includes a well-thought-out plan for reasonable federal regulation and for implementing interstate commerce that protects public health and the ability for small businesses to thrive in the emerging legal marketplace.”  

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