The night skyline of Los Angeles, California in a digital collage with a black and white picture of cannabis foliage.

Los Angeles Awards First Licenses Under Prop. 64 Rules

1/15/2018

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The City of Los Angeles, California has granted its first licenses under the state’s new cannabis regime, according to an LA Weekly report. Regulators granted Mother Nature’s Remedy in Woodland Hills a medical cannabis permit and WHTC in Studio City an adult-use license.

David Slocum, owner of Mother Nature’s, said he chose not to apply for a recreational license because he wanted to see how the new sector shaped up; he’s operated his medical dispensary for 12 years.

“Not that I don’t want to apply for adult, but I don’t want to apply and be the first black man arrested for it. Not state and not local, but federally. There are only five black owners in the whole city. When I spoke with everybody, we all decided not to apply for a recreational right away, but to apply for our medicinal first.” – Slocum to LA Weekly

The manager of WHTC said they had applied for a city license as soon as they were able – 10 days ago.

“We got an email yesterday [Friday] morning, and then we ran to the office to complete what we needed to do, and we are licensed in the city. We’ve already submitted to the state — we’re very efficient — and I hear that the state is processing things quickly. Yesterday, we started to get prepared as much as we could so that we’re ready. We’re hoping to be recreational by Monday at the latest.” – Jackie (no last name given), to LA Weekly

Under the new city rules, the only Los Angeles dispensaries allowed licenses are those open since 2007 and who are Prop D eligible.

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Indoor cannabis grow operation under a glowing, purple-red light.

U.S. Attorney in Oregon Shares Cannabis Industry Concerns in Op-Ed

1/15/2018

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In an op-ed in the Oregonian, U.S. Attorney for the District of Oregon Billy J. Williams said that while “national policy has changed” – referring to the rescinding of the Cole Memo protections by Attorney General Jeff Sessions – federal attorneys’ “commitment to exercising good judgment in charging decisions has not.”

“We will continue to look at cases individually and assess whether charges are appropriate considering the best needs of our community.” – Williams in the Oregonian op-ed.

Williams pointed out that the state’s recreational cannabis program has a “massive marijuana overproduction problem,” noting that last year postal agents in Oregon seized 2,644 pounds of cannabis and more than $1.2 million in cash tied to illicit cannabis sales headed out of the state. Comparatively, he adds, officials in Colorado seized just 984 pounds of cannabis headed outbound in the mail since 2013. Moreover, Williams says that federal agents and port police at Portland International Airport have seized more than $1 million in cannabis-linked cash and law enforcement in 16 states have reported seizing cannabis from Oregon.

“Overproduction creates a powerful profit incentive, driving product from both state-licensed and unlicensed marijuana producers into black and gray markets across the country. This lucrative supply attracts cartels and other criminal networks into Oregon and in turn brings money laundering, violence, and environmental degradation.”

He indicated that officials are currently working on a report detailing out-of-state cannabis diversion, cannabis sales to minors, cannabis cultivation on public land, and violent crime associated with the state’s legal cannabis industry.

“In sum, I have significant concerns about the state’s current regulatory framework and the resources allocated to policing marijuana in Oregon.”

Williams said he will convene a summit soon with members of the cannabis industry, public health organizations, citizen groups, and members of federal, state, local, and tribal law enforcement to address his concerns.

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A person with their hands on the keys of a complex keyboard console.

Pennsylvania Removes MMJ Patient Data from Law Enforcement Computers

1/15/2018

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Pennsylvania medical cannabis regulators will cease making patient information available on the state’s law enforcement computer systems in an effort to reduce the chances that a registered medical cannabis patient will be flagged during a federal background check when purchasing a firearm, the Associated Press reports.

“Medical marijuana is an important medication for Pennsylvanians suffering from serious medical conditions. It’s essential that we treat medical marijuana as we would any other medication, and that we protect patient privacy in the process. As with any other health information, patient information regarding medical marijuana is not accessible to police.” – Health Department spokeswoman April Hutcheson to the AP

Instead of having the information in their computers, law enforcement officers in the state will have to rely on the state-issued medical cannabis cards to verify whether an individual is enrolled. Each card contains a state seal and expiration date.

Federal law prohibits registered medical cannabis patients are prohibited from purchasing or owning firearms because of its Schedule I status. The federal form required when purchasing guns specifically asks whether the purchaser is “an unlawful user of, or addicted to, marijuana” or other illegal drugs, noting that “the use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medical or recreational purposes” in the state the applicant resides.

There are more than 10,000 medical cannabis patients in Pennsylvania. The program is set to commence early this year.

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Wooden desks in a classroom in front of a black chalkboard.

Federal Judge Rules Illinois Student Can Use & Store MMJ on School Grounds

1/15/2018

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Federal U.S. District Court Judge John Blakely on Friday ruled that an 11-year-old medical cannabis patient in Illinois can be administered cannabis oil in school, according to an NPR report. The Illinois attorney general’s office told the court they would not challenge the ruling and would work with state officials to address the issue in the state’s medical cannabis law.

The patient, Ashley Surin, suffers from epilepsy brought on by leukemia treatments. She wears a low-THC patch on her foot but requires oil drops to be administered if she has a seizure. Her parents sued the state and Schaumburg School District, arguing that the state’s ban on medical cannabis in schools violates the Individuals With Disabilities Education Act, the Americans with Disabilities Act, the Constitution, and due process. Surin has been out of school for two weeks as the case unfolded.

District 54 Superintendent Andy DuRoss said before the case that the district was legally unable to grant the Surins’ request to allow Ashley to store her medication on school property, buses and school-related events and have faculty and staff administer it when necessary. He indicated the district would comply with whatever the court ordered.

The case is the first of its kind in the U.S.

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Looking across the water at the Newark, New Jersey shoreline.

Cannabis Legalization Bill Introduced in New Jersey

1/12/2018

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New Jersey state Sen. Nicholas Scutari has introduced legislation to legalize cannabis for recreational use in the state. The measure would allow adults 21-and-older to purchase cannabis products in a taxed-and-regulated market.

The move comes on the first day of the state’s legislative session, which will mark the first term of incoming Democratic Gov. Phil Murphy who campaigned on the legalization issue. The proposal would allow adults to possess up to 1 ounce of flower, 16 ounces of cannabis-infused products in solid form, 72 ounces in liquid form and 7 grams of concentrates. Neither public-use nor home cultivation is permitted under the law.

The legislation includes a tax scale that increases over time. The year one rate would be set at 7 percent, followed by rates that climb annually of: 10 percent, 15 percent, 20 percent, and 25 percent.

In an interview with the Associated Press, Scutari said that the recent federal policy changes are not going to prevent New Jersey lawmakers from moving forward with the reforms.

“We’re still going to move forward. I think it’s going to be difficult for the federal government, especially without local law enforcement, to close it down.” – Scutari, to the AP

The measure has been sent to the Senate Judiciary Committee, of which Scutari is the chair.

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New York Lawmakers Hold Cannabis Legalization Hearing

1/12/2018

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New York Assembly members held a hearing to debate the merits of legalizing cannabis in the state – the first step toward potential reforms – but advocates will have a huge roadblock to overcome in Democratic Gov. Andrew Cuomo, who still believes in the gateway theory.

The measure would legalize cannabis for individuals 21-and-older and create a taxed-and-regulated system. According to an amNewYork report, the last time the state made significant changes to its criminal cannabis laws was when non-public cannabis possession was decriminalized in the state about 40 years ago.

New York does have a medical cannabis system; however, it is limited in scope and does not allow patients access to flower.

The hearing featured members of both pro and anti-legalization public interest and advocacy groups, including incoming New York State Sheriffs’ Association President Sheriff Barry Virts who said he was concerned about drugged driving and cannabis fueling the opioid epidemic. Dr. Julia Arnsten, a professor at the Albert Einstein College of Medicine, addressed Virts’ concerns, citing a 2014 study published in the JAMA Internal Medicine journal which purported a 25 percent decrease in opioid overdoses in cannabis-legal states.

The measure is sponsored by Assemblywoman Crystal Peoples-Stokes, who, during the hearing, said that current drug laws disproportionately target minorities.

“It’s almost criminal what we’ve done as a country.” – Peoples-Stokes, via PIX11

In the Assembly, the legislation carries 14 co-and-multi sponsors.

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Parents of 11yo Illinois MMJ Patient Sue to Allow Use of Meds at School

1/12/2018

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The parents of a Schaumburg, Illinois elementary school’s student are suing the district and the state after officials denied their 11-year-old daughter the right to use medical cannabis on school grounds, the Chicago Tribune reports. The plaintiffs argue that the denial is unconstitutional and violates due-process, the Individuals with Disabilities Education Act, and the Americans with Disabilities Act.

The student was treated for leukemia with chemotherapy, which led to the girl developing epilepsy and a seizure disorder, the suit says. According to the report, the suit could set a legal precedent as a landmark case.

District 54 Superintendent Andy DuRoss told the parents that state law prevents school officials from allowing cannabis products on school grounds, even for medical purposes. The student wears a low-THC patch on her foot to help control her seizures. When the patch is unable to control the seizures, she uses low-THC drops on her tongue or wrists to help control her condition.

“We cannot legally grant the request. We’re going to abide by the law and do our best to support our students within the confines of the law.” – DuRoss to the Tribune

The suit seeks a preliminary injunction to allow a school employee to help the student store and consume her medication on school property, on school buses, and at school-related events.

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Medical Cannabis Bill Introduced in Kentucky

1/12/2018

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Medical cannabis legislation has been introduced in the Kentucky House of Representatives by state Reps John Sims and Alan Gentry, the Ledger Independent reports. The measure would establish excise taxes of 10 percent for a cultivator, processor, or producer selling directly to a compassion center; taxes of 5 percent for a cultivator, processor, or producer selling to a distributor; and taxes of 5 percent for a distributor selling to a compassion center.

The majority – 80 percent – of the revenues derived from the industry would go to the administration of the medical cannabis trust fund for the operation of the Cannabis Enforcement Program. The remaining 20 percent of the revenues would go to the local medical cannabis trust fund for enforcement of medical cannabis laws, medical cannabis licensing, hiring of drug recognition experts, local evidence-based drug rehabilitation projects, or educational activities within local jails, according to the bill text.

Secretary of State Alison Lundergan Grimes offered support for the measure, saying the state should “waste no more time.”

“What started as a whisper years ago is now a loud chorus. Kentuckians have declared 2018 as the year they expect action on medical marijuana from their legislators. … We’ve heard real, heart-wrenching stories from all over the Commonwealth about how access to cannabis can provide long-lasting and life-changing relief. The serious discussions this task force had have resulted in a solid piece of legislation that can change lives.” – Grimes to the Ledger Independent

If approved, the passage would make Kentucky the 30th state to legalize medical cannabis.

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Federal Proposal Would Add Adult-Use Protections to Rohrabacher-Blumenauer Amendment

1/11/2018

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An amendment proposed by U.S. Representatives Jared Polis (D-CO) and Tom McClintock (R-CA) would create protections for state-legal, adult-use cannabis markets from federal interference.

The McClintock-Polis fix is actually quite simple: if approved, the amendment would update the existing Rohrabacher-Blumenauer protections by simply removing the word “medical” in “medical cannabis.” This would extend Rohrabacher-Blumenauer protections — which have blocked prosecutors from spending federal funds in the pursuit of licensed and legal medical marijuana operations since 2014 — to every state-legal cannabis program in the country.

The McClintock-Polis amendment has been proposed and rejected multiple times in the past — however, following Jeff Sessions’ unpopular move of rescinding the Cole Memo, many federal lawmakers have spoken out in favor of states’ rights and the time is ripe for sending a pro-reform message.

According to a NORML report, there is a letter circulating today among Congressional leadership that urges lawmakers to support the amendment. In their report, NORML urges readers to contact their elected representatives and ask them to support the McClintock-Polis amendment.

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Amazing view of a corporate skyscraper from the bottom.

Report: FinCEN Not Consulted on Sessions’ Cannabis Policy Change

1/11/2018

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According to a report from Reuters, regulators at the federal Financial Crimes Enforcement Network (FinCEN) were not informed about Attorney General Jeff Sessions’ cannabis policy change but FinCEN spokesperson Stephen Hudack said the agency’s 2014 guidance “remains in place.”

According to September 2017 data from FinCEN more than 300 banks and nearly 100 credit unions are currently providing banking services to cannabis industry operators under the agency’s guidance. The 2014 FinCEN guidance was developed with input from Justice Department officials at that time; however, it also relied on the protection offered by the now-invalid Cole Memo.

Representatives Dennis Heck (D-WA) and Ed Perlmutter (D-CO) told Reuters that they will be sending a letter to FinCEN this week asking them not to rescind their guidance – which could “inject uncertainty into financial markets.”

In October 2016, FinCEN reported that 318 cannabis businesses were allowed access to banking services and that figure jumped to 400 at the end of August 2017, where it remained in September. The number of institutions dealing with the cannabis industry has been steadily increasing since the second quarter of 2014 – the quarter after the FinCen policy changes.

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Two women, laughing, enjoy a smoke session outside.

Survey: Canadians ‘Uncomfortable’ Using Cannabis with Family; Support Legalization

1/11/2018

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As Canada moves forward with federal legalization, two in three Canadians surveyed by Business of Cannabis and Nanos Research indicated they are “uncomfortable” or “somewhat uncomfortable” using cannabis products with their families but citizens across all age demographics are supportive of legalization and retail sales.

The survey, released Jan. 10, found that 82.1 percent of Canadians under 35-years-old supported the reforms, along with 67.6 percent of those between 35 and 54, and 64.2 percent of citizens 55-and-older. Forty-two percent of respondents indicated they are “familiar” of what the federal and provincial government are doing in terms of regulations, another 46 percent said they are “somewhat familiar.”

Citizens would like the industry to do more to raise awareness about safety and education. The survey found just 17 percent of Canada agreed that the industry is taking sufficient steps to ensure responsible usage and safety, while 25 percent “somewhat” agreed and nearly the same percentage – 25 percent – disagreed that the industry was taking such steps.

Canadians overwhelmingly believe there are medical benefits to cannabis. A whopping 49 percent agreed that cannabis consumption has medical benefits, and another 32 percent “somewhat” agreed; while 7 percent “somewhat” disagreed and 6 percent disagreed.  

The survey was conducted Dec. 6 and 10, 2017 and polled 1,000 Canadians.

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Denmark Physicians Not Prescribing MMJ Under New Trial Program

1/11/2018

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On Jan. 1 Denmark rolled out its four-year $3.2 million medical cannabis trial in earnest; however, according to the Copenhagen Post, few physicians have agreed to prescribe cannabis to qualified patients – and are under no obligation to do so.  

When the trial was announced by officials in November 2016, the stated goals were to “establish a defensible framework for the implementation of medical cannabis in the public health sector so patients with certain treatment indications can be treated with medicinal cannabis prescribed by a doctor.”

Why, then, aren’t doctors prescribing? The medical association Dansk Selskab for Almen Medicin has warned physicians that prescribing medical cannabis could compromise their safety. Doctors are required to carry out a professional assessment prior to prescribing cannabis and some experts have indicated that many of the nation’s general practitioners might now know how to prescribe or what for.

Klaus Høm, the head of the Scleroseforeningen association – which focuses on multiple sclerosis – said that many other doctors are refusing to prescribe cannabis as a matter of principle.

When approved by lawmakers, the program had the support from a wide-range of political parties. Jane Heitman, health spokesman for the Venstre Party, told the Post the development is “worrying.”

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Stacks of bitcoin.

Cannabis Payment Solutions Company to Integrate Bitcoin

1/11/2018

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Nevada-based Medical Cannabis Payment Solutions, developers of payment processing technology Green, will soon begin accepting and processing payments in Bitcoin. The move comes amidst uncertain federal policy and questions about whether the federal Financial Crimes Enforcement Network (FinCEN) will continue to allow financial institutions to offer services to the industry without the protections of the Cole Memo.

“Traditional banking systems do not allow state-sanctioned marijuana to access their payment systems. The feedback we have received indicates that the opportunity is bigger than just cashless electronic payments in US currency.” – Jeremy Roberts, CEO of Medical Cannabis Payment Solutions, in a press release.

Today, FinCEN spokesperson Stephen Hudack said the agency’s 2014 guidance for cannabis businesses “remains in place”; however, the recent federal policy changes have created some uncertainty for industry operators.

Medical Cannabis Payment Solutions did not indicate a date for which they will begin accepting Bitcoin, but Sean Hullinger, chief legal officer, said the company plans on rolling out the tech “rapidly.”

“The payment system will offer a unique Bitcoin payment option enabling consumers to easily use the digital currency to make purchases. This process allows stores to accept not only electronic payments in U.S. dollars, but also digital currency (instead of cash only).” – Hullinger in a statement

The company operates throughout the U.S. in states with both medical and recreational regimes.

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The Vermont Capitol Building in Montpelier, Vermont photographed on a colorful, autumn afternoon.

Vermont Legalizes Cannabis For Adults; No Tax-and-Reg

1/10/2018

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Vermont has become the first state to legalize cannabis via the legislature for the second time today in a voice vote, rather than a debate and roll call vote. The approval will allow adults 21-and-older to possess up to 1 ounce of flower, 5 grams of concentrate, and grow up to two mature plants beginning on July 1.

The landmark legislation still needs to be signed by Republican Gov. Phil Scott – who famously vetoed similar legislation last May citing drugged driving and public safety concerns. The House passed the measure 81-63 last Thursday.

Tax-and-regulate not included. The governor has convened a commission on the issue which forced the House to amend the bill to remove same-as provisions. Another amendment included in the bill requires would-be cultivators to obtain written permission from the landowner, or landlord, before growing cannabis for personal use.

A recent Public Policy Polling survey found 57-39 percent support for allowing adult use and possession; support dropped to 54-40 percent for a taxed-and-regulated regime.

Eli Harrington, co-founder of Heady Vermont, called the passage an important first step for advocates, patients, and the burgeoning cannabis and hemp industries in the state.

“We’ve taken the most important step of recognizing that in Vermont we believe adults have the right to responsibly consume and cultivate cannabis. Through this process the legislature has spent a lot of time educating themselves and deserve credit for listening to their constituents and learning about and issue many probably didn’t anticipate being so significant. This is the first step in a thousand-mile journey, and it is an important one, but this is the beginning not the end of cannabis reform in Vermont including focusing on updating out medical program.” – Harrington, to Ganjapreneur

Matt Simon, Marijuana Policy Project’s New England political director, said, “Vermonters should be proud” of their legislators.

“This will be an important milestone for the legalization movement. When Gov. Scott signs this legislation, Vermont will become the first state in the country to end marijuana prohibition through legislative action. MPP is proud to have helped lead the Vermont effort, just as we led the legalization ballot initiative campaigns in Maine and Massachusetts in 2016. In the past two years, we’ve seen incredible progress on marijuana policy across New England. Now that yet another state has rejected marijuana prohibition, there is even more pressure for Congress to take action to prevent any federal interference from Attorney General Jeff Sessions. It’s time for the federal government to respect the authority of states to determine their own marijuana policies.” – Matthew Schweich, MPP interim executive director, in a statement

Scott has indicated he would sign the bill if it made it to his desk this session, and once signed, Vermont will be the ninth state to legalize cannabis for adults, along with Washington, D.C. Vermont decriminalized cannabis possession in 2013.

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A collection of young medical cannabis plants under a ceiling of purple LED lights.

California Bill Would Force Courts to Expunge Low-Level Cannabis Crimes

1/10/2018

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A bill introduced in California would make it easier for individuals with low-level cannabis convictions to expunge the charge from their records. The measure, introduced by Democratic Rep. Rob Bonta, would require courts to automatically expunge eligible records under provisions of the voter-approved Prop 64.

The legalization measure, which took effect on Jan. 1, also allows defendants to petition their sentencing court for a sentence reduction; however, courts are not obligated to take any action on a case without a petition.

In a press release announcing the legislation, Bonta said that the measure would “give people a fresh start to which they are legally entitled.”

“Long after paying their debt to society, the collateral consequences of having a criminal conviction continues to disrupt their lives in profound ways such as preventing them from gaining employment or finding housing. The role of government should be to ease burdens and expedite the operation of law – not create unneeded obstacles, barriers and delay. This is a practical, common sense bill. These individuals are legally-entitled to expungement or reduction and a fresh start. It should be implemented without unnecessary delay or burden.” – Bonta, in a statement

The measure would force courts to expunge the records of those convicted of possession under the new regime – up to 28.5 grams of cannabis and 8 grams of concentrate – but it would not force courts to seek sentence reduction for those currently incarcerated.

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The Detroit, Michigan city skyline.

Detroit MMJ Licensing on Hold After Lawsuit Filed Against City

1/10/2018

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Detroit, Michigan’s medical cannabis licensing process is on hold after a business group filed suit against the state claiming they were denied a business license under the new regime because they violated Detroit’s old ordinance, the Detroit Free Press reports. If the suit drags on until Feb. 15, all current operators licensed under the city’s emergency rules could be forced to shut down.

Detroit’s rules allow the city’s currently operating dispensaries to stay in businesses until Feb. 15 as they work toward final approvals; however, none of the dispensaries have yet obtained such approval.

“All the dispensaries operating in the city are going to have to shut down. Everybody who is a card holder in Detroit is going to be impacted.” – Amir Makled, attorney for Advanced Wellness dispensaries in Detroit to the Free Press

David Harns, a spokesman for the Department of Licensing and Regulatory Affairs, indicated that those who do not receive final approval by Feb. 15 and choose to stay open could be at risk of being denied a state license for failing to adhere to the rules, according to the report.

“This just does a great deal of harm for all the stakeholders. Hopefully we can find a solution before the 15th.” – Jonathan Barlow, spokesman for Sensible Cannabis Reform to the Free Press

Michael Stein, the attorney for the seven to 10 businesses who filed the suit, said his clients were denied a medical cannabis operator license because they didn’t meet the zoning requirements of the old ordinance; however, the new rules – approved by Detroit voters in November – reduce the required distance for medical dispensaries from schools, parks, and daycare centers from 1,000 to 500 feet and Stein argues that his clients should qualify under the new regime.

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Toker Supply #RIPiece Marketing Strategy Incentivizes New Sales

1/10/2018

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Toker Supply, the online headshop with an unmatched social media presence, has created a unique and engaging social media campaign that encourages followers to share pictures of broken pipes for a discount on their next purchase.

The #RIPiece program encourages followers — whether they are current or future customers — to post a picture of their broken pipe on a social media account with the accompanying hashtag for a 10% discount. Any pipe is eligible, regardless of its origin or style.

As smoking gradually gains mainstream acceptance, smokers are desperate for durable products, especially with cheap, breakable products dominating the market. The proprietors of Toker Supply strive to meet these expectations by providing reliable, high-quality pieces.

For smokers who enjoy smoking in groups, it’s common for pieces to break after moderate use. The #RIPiece program was conceived as a way to console smokers experiencing emotional distress or anxiety due to lacking a pipe and offer a simple solution. Solo smokers who cycle through pieces at a slower rate also benefit from this program, as Toker Supply makes it easy to select and purchase a new piece, regardless of style preference. This program has targeted and incentivized sales from customers with the greatest need for new pipes, creating a loyal customer base in the process.

As a major online headshop, Toker Supply carries products suited to satisfy a wide range of needs for smokers. With simple yet durable bongs under $100, as well as traditional water pipes with advanced filtration systems, they carry a product that will appeal to everyone. Their collection of glass dab rigs and oil rigs continues to meet the needs of the ever-growing dabbing community. Finally, they carry various glass hand pipes with different designs, shapes, and colors. The #RIPiece discount is applicable to all of these products.

Toker Supply also ensures that customers will not need to undergo a similar process soon by selling only the strongest, damage- and break-resistant pieces.

For a look at the durability of Toker Supply pieces, check out this short video:

To take advantage of Toker Supply’s #RIPiece program, simply post a photo of your old broken piece on Twitter or Instagram with the hashtag. Toker Supply will direct message you with a personalized coupon code for a discount. Check out their blog for educational resources about smoking products.

You can further engage with Toker Supply, a trailblazer in the online headshop industry, by following them on Instagram and other social media outlets.

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A cannabis worker plucks long leaves off recently harvested cannabis buds.

Nevada Congressional Members Working to Protect State Cannabis Laws

1/10/2018

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Nevada lawmakers are working on two pieces of federal cannabis reform legislation which, if approved, would amend the Controlled Substances Act to allow cannabis to be used medically and researched, and another allowing states to regulate cannabis for recreational use, the Las Vegas Review-Journal reports. The move comes less than a week after Attorney General Jeff Sessions rescinded the Cole Memo which had directed federal prosecutors to take a mostly hands-off approach to state-legal cannabis programs.

According to the report, Reps. Dina Titus, a Democrat, and Mark Amodei, a Republican, are working on the legislation from their colleagues on both sides of the aisle; Titus went so far as to say she would “be forced to oppose” the final budget bill if medical cannabis protections are not included. Amodei, in a conference call, said Congress needs “to get off its butt and start dealing with the issues.”

Nevada Rep. Jacky Rosen, a Democrat, also condemned Sessions’ decision in a letter to the attorney general, saying the new guidance “completely disregards the steps Nevada has taken to regulate both medical and recreational marijuana” and “creates legal uncertainty” for both patients and business owners.

“In order to prevent legal uncertainty, maintain Nevada’s vibrant economy, and continue to allow our constituents legal access to safe, effective medical cannabis products, I implore you to reinstate past DOJ policy, as outlined in the Cole Memorandum, immediately. To do otherwise would be an affront to states’ rights, a threat to small businesses, and an insult to Nevada voters.” – Rep. Rosen in letter to Sessions

At least two bi-partisan measures have already been introduced that would effectively end federal cannabis prohibition; however, none have made it to the floor of either chamber for a vote.

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The Louisiana State Capitol Building.

In Letter to Trump, Louisiana Gov. Asks for MMJ Program Protections

1/10/2018

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In a letter to President Donald Trump, Louisiana Gov. John Bel Edwards urged the president to protect state-approved medical cannabis programs by supporting the continued inclusion of the Rohrabacher-Blumenauer with the federal budget.

The amendment, formally known as Rohrabacher-Farr, prevents the federal government from using funds to crackdown on state-legal medical cannabis regimes; however, while the amendment was included in the Continuing Budget Resolution to prevent a government shutdown, it was blocked from consideration by the House during budget negotiations. The funding mechanism, along with Rohrabacher-Blumenauer protections, expire on Jan. 19 – unless included in the budget process moving forward.

“This exposes state actors and state-sanctioned agents to potential federal criminal liability despite their adherence to state law which was approved by our legislature and signed into law. If this were to take place, it would be devastating to so many men, women, and children who are anxiously awaiting access to this treatment option.” – Gov. Edwards in letter to President Trump

The amendment is currently the only protection for state-approved cannabis programs following the decision by Attorney General Jeff Sessions to rescind the Obama-era Cole Memo. Louisiana’s medical cannabis program is expected to roll out this summer.

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The New Hampshire Capitol Building in Concord, New Hampshire.

New Hampshire House Approves Adult Use Measure, Refers Bill to Committee

1/09/2018

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Lawmakers in the New Hampshire House of Representatives voted 207-139 on Tuesday for a bill that would legalize the possession, consumption, and home cultivation of cannabis for adults.

Instead of moving immediately to the Senate for consideration, however, HB 656 has been referred by leadership to the House Ways & Means Committee for further review, according to a New Hampshire Public Radio report. The committee will either make adjustments to the bill or do nothing, at which point it will continue to a Senate committee and, eventually, before the Senate for a full floor vote.

The proposed measure would strictly legalize home cultivation and possession while the commercial cannabis industry would remain illegal.

“The House deserves tremendous credit for taking this reasonable step forward. Most Granite Staters understand that marijuana is less harmful than alcohol, and they’re ready to see it treated that way. Allowing adults 21 and older to grow a few plants without penalty will give them a much-needed alternative to buying from illicit dealers.” — Matt Simon, New England political director for the Marijuana Policy Project, in a statement

New Hampshire is hot on the heels of Vermont, whose legislature is also considering a cannabis legalization bill in 2018’s first legislative session.

Eight states plus Washington D.C. have legalized the adult use of cannabis. If New Hampshire’s bill is ultimately successful, it may be the first state to legalize cannabis without establishing a regulated industry for the plant (Washington D.C. has a similar regime, where voters originally approved the creation of such regulations but were ultimately stymied by federal government interference).

Editor’s note: A previous version of this article incorrectly indicated that Vermont’s pending cannabis legalization measure would establish a taxed-and-regulated system. In fact, it would only legalize possession, cultivation, and consumption of the plant (not its sale/commercial distribution).

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Massachusetts U.S. Attorney ‘Cannot Provide Assurances’ Cannabis Licensees Won’t Face Federal Prosecution

1/09/2018

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In a memo dated Jan. 8, the U.S. Attorney in Massachusetts, Andrew E. Lelling, said he cannot “provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”

“This is a straightforward rule of law issue. Congress has unambiguously made it a federal crime to cultivate, distribute and/or possess marijuana. As a law enforcement officer in the Executive Branch, it is my sworn responsibility to enforce that law, guided by the Principles of Federal Prosecution. To do that, however, I must proceed on a case-by-case basis, assessing each matter according to those principles and deciding whether to use limited federal resources to pursue it.” – U.S. Attorney Lelling in a memo

The memo comes less than a week after Attorney General Jeff Sessions announced he was rescinding the federal cannabis industry protections outlined in the 2013 Cole Memo, issued by former Deputy Attorney General James M. Cole. Lelling indicated that “people and groups” had sought additional guidance as Massachusetts regulators move forward implementing rules for the state’s voter-approved adult-use cannabis program.

“Our priority has always been to protect public safety and develop regulations that are compliant with all laws including those passed by the voters and the legislature legalizing the recreational use of marijuana in the Commonwealth. As for as the mandate and the work of the Cannabis Control Commission is concerned nothing has changed.” – Statement from Massachusetts Cannabis Control Commission

Sessions, in his memo rescinding the Cole Memo protections, said “prosecutors should follow the well-established principles that govern all federal prosecutions.”

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Palm trees swaying in the wind beneath a lightly cloudy, California sky.

Cannabis Still Banned on California College Campuses

1/09/2018

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The University of California System – which includes all “UC” colleges and universities and 114 community colleges – has not lifted its restrictions on cannabis possession on university grounds or campus buildings despite broad legalization in the state, according to a report from EdSource. The ban applies to both employees and students.

In a Nov. 9, 2016 statement, UC administration released a statement indicating that federal law prevents the allowance of cannabis on campuses.

“Using and possessing marijuana is still illegal under federal law. The federal Drug Free Schools and Communities Act and the Drug Free Workplace Act require that UC, which receives federal funding, have policies that prohibit marijuana use, possession and distribution on campus and in the workplace. UC students and employees who violate the university’s policy may face discipline, with a maximum penalty of dismissal.” – University of California, “Despite passage of Prop.64, you still can’t use marijuana on UC property”

Stanford University issued its own directive just a few days after the passage of Prop 64 explaining that the institution must also maintain the status quo due to federal law.

“Stanford University receives federal funding for various uses, including research and student financial aid. As such, Stanford must comply with federal law, including all current federal drug laws. Therefore, even though California has legalized marijuana for recreational use for some individuals, the possession, use, storage and cultivation of marijuana (as defined below) is prohibited on Stanford University property for all faculty, staff and students under the university Controlled Substances and Alcohol Policy.” – Nov. 2016 Stanford “Marijuana Policy Statement”

Officials for both institutions confirmed that the policies will remain the same.

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New York Gov. Wants to Make State ‘National Leader in Hemp Production’

1/09/2018

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In his 2018 State of the State Budget proposal, New York Gov. Andrew Cuomo has earmarked $650,000 for a hemp processing plant, $2 million for a state-run hemp seed certification program, and plans to import “thousands of pounds” of industrial hemp seed into the state to ensure farmers have “access to a high quality product” and ease “the administrative burden” on hemp farmers.

The processing plant, located in the Binghamton area, is estimated to cost a total of $3.2 million.

“Despite growing production values, the U.S. still relies heavily on imported hemp plants and seeds, which are expensive and often poorly adapted for New York’s agricultural environment. To avoid long-term dependence on seed from other states and countries, the State must begin to produce its own unique seed to drive New York’s industrial hemp industry forward.” – 2018 New York State of the State Budget Book

The investments come on the back of a successful 2017 hemp campaign in the state, which saw the first-ever New York State Industrial Hemp Summit and Working Group commit $10 million to support hemp research, production, and processing. The budget book indicates that the state more than tripled the numbers of hemp farmers in the state last year, leading to 2,000 acres of crops.

Cuomo also announced plans for an Industrial Hemp Research Forum to take place in February.

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The California State Capitol Building in Sacramento, California photographed at nighttime.

California AG Wants Meeting with Federal Attorneys About Cannabis

1/08/2018

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California Attorney General Xavier Becerra has asked to meet with the state’s four federal prosecutors to figure out whether they plan to enforce federal cannabis laws in the recently legalized state, NBC Los Angeles reports. The issue comes one week after adult-use sales took effect throughout California and on the heels of a memo by Attorney General Jeff Sessions rescinding the Obama-era Cole Memo, which protected state-legal cannabis programs.

“I’ve reached out to all four to sit down with them… because we’d like to know how each of the four will intend to move forward with this new policy from US DOJ. … I would encourage everyone in the state of California including the 400 people who have now gotten a license and registered to partake in our new industry to do it the right way… We are moving forward.” – AG Becerra to NBC4

Becerra indicated that state officials would take legal action against the federal government if prosecutors and law enforcement attempt to crack down on the newly-legal industry and stymie the will of the voters.

California Lt. Gov. Gavin Newsom, via Twitter, also said that state officials would “pursue all options” to protect the state’s “reforms and rights.”

“Jeff Sessions has destructively doubled down on the failed, costly, and racially discriminatory war on drugs, ignoring facts and logic, and trampling on the will of CA voters.” – Lt. Gov. Newsom, Jan. 4, Twitter

On the federal level, lawmakers from both sides of the aisle have come out against AG Sessions’ decision.

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