New York Settles Lawsuit That Prevented Adult-Use Dispensary Licensing

11/30/2023

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The New York Cannabis Control Board on Monday approved a settlement in a lawsuit that has prevented more than 400 adult-use cannabis dispensaries from moving forward with the application process, LoHud reports. Under the terms of the deal, which require final approval from state Supreme Court Justice Kevin Bryant, a group of four military veterans will receive dispensary licenses and other legal protections given to social-equity licensees.  

State officials did not admit to any wrongdoing under the settlement. In a statement to the New York Times, Gov. Kathy Hochul (D) said the settlement will allow the state “to move toward this worthy goal, expanding the number of legal cannabis retailers as we continue our significant efforts to shut down illegal storefronts.” 

The settlement will allow 436 provisional licensees to open their dispensaries or delivery services once their applications are finalized but state regulators would be prohibited from issuing any new or additional licenses through the Conditional Adult-Use Retail Dispensary program until April 1, 2024.   

In an interview with Spectrum News, Chris Alexander, executive director of the state Office of Cannabis Management, called the settlement “a significant moment.” 

“We’re hopeful that folks get out the gate running,” Alexander said. “We want to have a lot of openings as quickly as possible.” 

There were 23 businesses that were ready to open before the injunction. 

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Report: 90% of Virginia Medical Cannabis Patients Obtain Products Outside of Legal Market

11/30/2023

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The price of medical cannabis in Virginia is “categorically higher” than prices in other states, which has resulted in 90% of the state’s patients purchasing products from outside the state’s medical cannabis market, according to a Cannabis Public Policy Consulting (CPPC) report authored at the request of the Virginia Cannabis Control Authority.

The report, which surveyed 1,827 cannabis consumers in Virginia, 476 of whom are registered medical cannabis patients, found patients on average spent $19 per gram for flower; however, publicly available price data from the state dispensaries suggests prices are about $14 per gram. Comparatively, CPPC found the average price per gram in Washington, D.C. was $8.73 per gram and a $9.27 average per gram price in Maryland. The CPPC found that 12% of Virginia medical cannabis patients traveled to D.C. or Maryland to obtain medical cannabis products.

The firm also found that about 57% of Virginia medical cannabis patients grew their own cannabis and that 65.2% of patients obtained cannabis from friends or family.

The report suggests that the high prices of medical cannabis in Virginia “are likely necessary for Pharmaceutical Processors to remain solvent given the current market and policy conditions and are unlikely to indicate an effort to intentionally overcharge medical patients.” The report suggests that Virginia medical cannabis patients are obtaining 76.4% of their cannabis grams from sources outside of the state’s regulated market.

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Wisconsin Bill Would Create Pilot Program to Study Psilocybin as PTSD Treatment

11/30/2023

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A bipartisan bill in Wisconsin aims to make it easier for researchers to treat patients with acute post-traumatic stress disorder with psilocybin, WPR reports. The measure would create a trust fund called the “medicinal psilocybin treatment program” that would be administered by the University of Wisconsin-Madison, which launched a center for studying psychedelics to treat PTSD in 2021.

State Sen. Jesse James (R), one of the bill’s sponsors, told WPR that the “federal government has failed us when it comes to marijuana and the psilocybin and all these other variants that are out there in doing these studies.”

James and State Rep. Clinton Anderson (D), the measure’s co-sponsor, said they hope to include $100,000 in state funds to establish a trust that can be used for psilocybin research in the state.

“Let’s try to find some alternatives to treatment for our veterans who serve our country. And I think that’s something we should all be able to get behind. Otherwise, we’re just playing political theater when we talk about how important our veterans are.” — Anderson to WPR 

Ander added that the bipartisan nature of the legislation shows lawmakers are “serious” and “not just throwing out a messaging bill.”

Under the proposal, individuals eligible to participate in the pilot program must be military veterans who are 21 years of age or older and who suffer from treatment-resistant PTSD. The bill text notes that “individuals who are law enforcement officers are not eligible to participate in the pilot program study.” The psilocybin therapy provided by the pilot program must be provided through pathways approved by the federal Food and Drug Administration (FDA), and the research accomplished in the pilot program may be accomplished in conjunction with other medications approved by the federal FDA, the bill states.

The proposal was sent last week to the Senate Universities and Revenues Committee.

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Weedmaps Data Finds ‘Green Wednesday’ Cannabis Sales Outpace Black Friday Sales

11/29/2023

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Cannabis sales on the day before Thanksgiving surpassed sales on Black Friday, accounting for 21% of the weekly gross market value over the holiday week, according to order data from Weedmaps. The day before Thanksgiving has been dubbed “Green Wednesday” due to historically strong cannabis sales. 

Weedmaps saw 42% growth in total order volume on Green Wednesday and the average basket value that day was 103% higher than the average Wednesday during the month of November; however, the day’s gross market value was down 4% compared to Green Wednesday 2022.  

Orders for edibles increased most significantly on Green Wednesday, according to Weedmaps data, up 81%. Edibles also held six of the top 10 products sold on Green Wednesday – last year the category held five of the top 10. Vape pen orders also increased by 52% and flower increased by 48% over the average Wednesday in November, according to Weedmaps data.  

So far this year, edible products hold seven of the top 10 selling products, while vape and flower products each hold two spots, according to Weedmaps data, which notes that while flower is still the most purchased product category overall, the firm reports an 18.5% year-over-year increase for edible products compared to a 9.37% increase in flower. 

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Minnesota Tribe Creating Vertically Integrated Campus for Hempcrete Housing

11/29/2023

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A Minnesota tribe is constructing a campus to manufacture hempcrete, which, once complete, will grow hemp, process plants into the building material, and then build houses with it, according to a Grist report. The 20,000-square-foot complex is being built on the Lower Sioux Indian Reservation in southwestern Minnesota.

The campus will be the first of its kind in the nation: currently no facility in the U.S. is a vertically integrated hempcrete facility – meaning a site that grows the plants, processes them into the building material, and completes the construction, the report says.

The tribe is facing a housing crisis, with about half of the 1,124 enrolled tribal members in need of homes. Robert “Deuce” Larsen, the tribal council president, told Grist that “The idea of making homes that would last and be healthy was a no-brainer” but that the tribe “need to build capacity in the community and show that it can be an income stream.”

So far, the tribe has constructed two prototypes that are nearly completed. The tribal council used loans, government grants, and tribal funds to raise more than $6 million to build the processing campus and the two prototypes.

Jody McGuinness, executive director of the U.S. Hemp Building Association, called the project “fantastic,” adding that she is unaware “of any other fully integrated project like this domestically.”

The possible industrial applications for hemp, including for use in construction, have long been touted by cannabis advocates as one of the long-term benefits of legalizing the plant, and prior to its criminalization, hemp had been used widely for ropes and fiber. While over the past few years the hemp industry has been focused mostly on extracting cannabinoids, projects such as this hempcrete campus could help mainstream industries recognize the plant’s potential.

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University of Utah Health Launches Center for Medical Cannabis Research

11/29/2023

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The University of Utah Health is partnering with the state to launch the Center for Medical Cannabis Research (CMCR) which aims to “advance scientific understanding of medical cannabis and help patients and providers make informed health decisions about this increasingly common medication.”   

Valerie Ahanonu, B.S., senior manager of the CMCR, said in a statement that the center’s overall aim is to “look at the methodology behind how people are using cannabis, and to create a translational approach to understanding its benefits and risks.” 

The goal of the CMCR is to support research about medical cannabis within the University of Utah and statewide, improve patient, provider, and pharmacist education about cannabis risks and benefits, and work to instate a Drug Enforcement Administration-approved cultivation site for research-grade medical cannabis, according to a press release. 

The center will work in partnership with Utah State University which has been growing cannabis for research purposes since 2019, with the Genetic Science Learning Center at the University of Utah to create educational materials about medical cannabis, and plans to work with the Spencer S. Eccles Health Sciences Library to produce an accessible database of the most rigorous and up-to-date information in the field.  

Jerry Cochran, M.S.W., Ph.D., interim director for the CMCR, describes the spectrum of research the center will support as “bench to bedside.” Starting with pilot grants to help scientists begin projects on medical cannabis, the CMCR will promote research ranging from chemical characterization of the active components of cannabis through to late-stage clinical trials.  

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Study: People Who Consume Cannabis for Sleep Quit Sleep Aids

11/28/2023

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A study by Washington State University (WSU) researchers found people who consume cannabis to help with sleep quit using prescription and over-the-counter sleep aids such as melatonin and benzodiazepines. The study, published in the Exploration of Medicine journal, found 80% of the 1,255 cannabis consumers surveyed, no longer used the sleep aids, relying instead on high-THC cannabis products. 

Half of those surveyed reported specifically using cannabis containing CBD and the terpene myrcene, 33.8% used cannabis edibles, and 14.1% used cannabis capsules.     

In a statement, Carrie Cuttler, senior author of the study and associate professor of psychology at WSU, said that people were seeking out cannabis products with myrcene in them to help with sleep “surprised” her. 

“There is some evidence in the scientific literature to support that myrcene may help to promote sleep, so cannabis users seemed to have figured that out on their own.” — Cuttler in a press release 

Study participants reported varying morning outcomes and side effects – cannabis users more commonly reported feeling refreshed, focused, and better able to function in the morning after consuming cannabis, and said they experienced fewer headaches and less nausea compared to using traditional sleep aids. Cannabis consumers also reported feeling sleepier, and more anxious and irritable in the morning after consuming cannabis compared to other sleep aids and were also more likely to report experiencing dry mouth and red eyes after consuming cannabis. 

“In general, the use of cannabis for sleep-related issues was perceived as more advantageous than over the counter medications or prescription sleep aids,” Cuttler said. “Unlike long-acting sedatives and alcohol, cannabis was not associated with a ‘hangover’ effect, although individuals reported some lingering effects such as sleepiness and changes in mood.” 

More than 60% of study participants said they got six to eight hours of sleep when using cannabis alone, while less than 20% of participants said they got six to eight hours of sleep when using a sleep aid.  

The study, “A large-scale survey of cannabis use for sleep: preferred products and perceived effects in comparison to over-the-counter and prescription sleep aids,” was published October 25 and appeared in the journal’s special issue titled Beyond Weed: Clinical Applications of Cannabis and Cannabinoids. 

  

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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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