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New York Bill Would Ban Cannabis Smoking and Vaping Within 30ft of Children

10/10/2023

A bill introduced in New York seeks to prohibit smoking or vaping cannabis within 30 feet of a child or 30 feet of any location in which children reside or attend for any recreational or educational purpose. The legislation, introduced by Democratic Assemblymembers Phil Steck and Marianne Buttenschon, would impose a $25 fine and no more than 20 hours of community service for a first offense, rising to a class B misdemeanor for subsequent violations.

In a statement posted to Facebook, Steck said that “Many constituents have expressed concern over irresponsible behavior with marijuana that adversely affects the rights of others to raise their children as they feel is appropriate.”

“People do not have a God-given right to engage in any behavior they want at any time, in any place, under any circumstances. People have a right to enjoy marijuana so long as it does not adversely affect the rights of others. Further, the [Centers for Disease Control] has described significant adverse health effects from modern marijuana. That does not mean making it illegal. It just means taking a sensible approach to it.” — Steck in a statement on Facebook

Stack added that while he has “steadfastly supported” cannabis legalization and “resisted attacks” on legalization by colleagues, he is “not a libertarian with respect to marijuana, or anything else for that matter.”

“Marijuana and alcohol (which is already substantially regulated) need to be regulated in the best interest of the entire community,” he wrote in the Facebook post.

The measure is currently in the Assembly Codes Committee.

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Portland, Maine City Council Passes Resolution to Deprioritize Psychedelic Mushroom Prosecutions

10/10/2023

The Portland, Maine City Council last week passed a resolution to deprioritize criminal prosecution for personal use of psychedelic mushrooms, Spectrum News reports. The resolution passed 6-3; however, Corporation Counsel Michael Goldman described the resolution as “a statement of the council’s opinion.”

“You’re not directing the city manager to do anything. You’re not directing the chief of police to do anything. It’s a statement of opinion of what the council wants to see in terms of priority of issuance of citations, arrests, prosecutions, those kinds of things.” — Goldman via Spectrum News

During the meeting, Portland Police Chief Mark Dubois described it as a “non-issue.”

“Nobody can recall arresting anybody for any of these things that we’re talking about, ever,” he said.

Councilor Mark Dion, a former Cumberland County Sheriff, was one of the three who voted against the resolution, saying while he supports the use of psychedelics for legitimate medical purposes, he thinks the decision “belongs to the state legislature” and that the term “deprioritization” could be misunderstood.

“This difference of term – deprioritization versus decriminalization – we think we know what that means,” he said. “I can guarantee you, young people out in the community will say, ‘OK, they’ve legalized it. I’m all set in Portland!’ and they’re going to have adverse consequences because of that.”

Councilor April Fournier, chair of the council’s Health & Human Services and Public Safety Committee, sponsored the measure. She said the resolution will send a positive message to people who use psychedelic plants for medical purposes.

“I truly believe in harm reduction and being able to figure out what is everyone’s path to wellness,” she said during the meeting. “…I think it should be up to the individual to really have the ability to consider that.”

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California Gov. Vetoes Bills to Legalize Cannabis Cafes and Decriminalize Some Psychedelic Plants

10/09/2023

Gov. Gavin Newsom (D) over the weekend vetoed a bill to legalize cannabis cafes, another to decriminalize some psychedelic plants, and a third that would have imposed new restrictions on the labeling and packaging of cannabis products.

In his veto message for the cannabis cafes bill, Newsom said the measure “could undermine California’s long-standing smoke-free workplace protections” but urged the bill’s author to address the concern in subsequent legislation.

In his veto of the bill to decriminalize some psychedelic plants, including mescaline, DMT, psilocybin, and psilocin, Newsom said that while “peer-reviewed science and powerful personal anecdotes” lead him “to support new opportunities to address mental health through psychedelic medicines” he believes the state should first “begin work to set up regulated treatment guidelines,” including “dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses.”

“I urge the legislature to send me legislation next year that includes therapeutic guidelines. I am, additionally, committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place.” — Newsom in his veto message

Newsom’s veto of the bill that would have prohibited cannabis product labels and packaging from being “attractive to children” was due to his concern that the term “attractive to children” is “overly broad.” He said that the state’s medical and adult-use cannabis laws, and Department of Cannabis Control (DCC) regulations already prohibit such marketing.

“By prohibiting entire categories of images, this bill would sweep in commonplace designs,” Newsom said in his veto message, “and I am not convinced that these additional limits will meaningfully protect children beyond what is required under existing law.”

Newsom added that he will direct the DCC “to strengthen and expand existing youth-related cannabis protections.”

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Low-THC Medical Cannabis Oil Will Soon Be Available in Independent Georgia Pharmacies

10/09/2023

Low-THC cannabis oil will soon be available in some Georgia pharmacies as officials hope to make access to the products easier for the state’s registered medical cannabis patients, the Associated Press reports. Georgia is the first state in the nation to allow medical cannabis to be sold at independent pharmacies.

The Georgia Board of Pharmacy began accepting applications last week, and nearly 120 pharmacies have agreed to provide medication from Botanical Sciences, one of the state’s two licensed production companies, the report says. Currently, patients must obtain their medicine from one of just seven licensed cannabis dispensaries in the state that have opened since April.

Gary Long, CEO for Botanical Sciences, told the AP that “Pharmacists have been fielding questions from patients for years without ever having the ability to do anything about it.”

“Finally, they have the ability not just to give people advice but provide them with the therapies they’ve been seeking.” — Long to the AP

Gov. Brian Kemp (R) approved rules last month passed by the state Pharmacy Board clearing the way for pharmacies to begin selling the low-THC oil, which can contain no more than 5% THC. There are more than 400 independent pharmacies in Georgia and Jonathan Marquess, vice president for the Georgia Pharmacy Association and the owner of several pharmacies in the Atlanta area, told the AP that he expects most would be interested in carrying the products.

National chains like CVS and Walgreens will not sell the medical cannabis products, the report says.

“We’re going to have patients that need this health care in some remote parts of Georgia that probably would never have a dispensary near them,” Marquess told the AP. “But they do have a caring professional, a knowledgeable professional pharmacist, in their communities who can talk to them.”

There are currently about 14,000 registered medical cannabis patients in Georgia, according to state Department of Public Health data, which had previously been miscounting the number of medical cannabis patients and caregivers by as many as 36,000.

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Anchorage, Alaska Proposal Would Relax Cannabis Policies for Most City Employees

10/09/2023

City officials in Anchorage, Alaska are considering exempting some city employees from penalties for cannabis use, Must Read Alaska reports. Instead of termination, employees who test positive for cannabis will be offered counseling and addiction treatment.

According to the proposed ordinance text, the purpose of the ordinance “is to repeal and replace the Municipality of Anchorage’s drug testing policy, specifically shifting from a punitive policy to a health-centered approach.”

“It also substantially changes the policy regarding the testing of marijuana for municipal employees. With the changing legal landscape surrounding marijuana in Alaska and the evolving understanding of individual liberty and privacy interests, it is time to reevaluate our drug testing policy,” the ordinance states. “This proposal aims to remove marijuana testing for most municipal employees, aligning with the state’s stance on marijuana legalization while still maintaining safety standards for safety-sensitive positions, as defined by the Department of Transportation.”

The ordinance does not explicitly outline what would be considered a safety-sensitive position; however, it does note that some jobs regulated by the federal Department of Transportation (USDOT) mandate drug testing for cannabis and that it is the policy of the Alaska Police Standards Council to prohibit sworn officers from cannabis possession, distribution, and cultivation and that Anchorage police “should remain covered under USDOT testing protocols.”

The Anchorage Assembly will consider the proposal on Tuesday.

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ATF Raises Concerns About Arkansas Law Allowing Cannabis Patients to Carry Concealed Handguns

10/06/2023

In a letter to Division of Arkansas Crime Information Operations Director Rick Stallings, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) outlined safety concerns with the state agency’s decision to allow medical cannabis patients to receive concealed handgun carry licenses (CHCL).

In the letter, signed by Marianna Mitchem, chief of the Firearms and Explosives Industry Division Office of Enforcement Programs and Services, wrote that the “ATF is concerned that the issuance of CHCLs to individuals who are prohibited by Federal law from possession of firearms creates an unacceptable risk of placing firearms in the hands of prohibited persons.”

The letter adds that while a 2023 audit of Arkansas’ alternative permit process by the Federal Bureau of Investigations (FBI) Criminal Justice Information Services (CJIS) Division resulted in no findings that required corrective action, the ATF had previously sent guidance to Federal Firearms Licensees (FFL) advising them that regardless of state laws, cannabis is a Schedule 1 controlled substance, and “therefore, a person who uses or is addicted to marijuana is an unlawful user of or addicted to a controlled substance and is prohibited by Federal law from possessing firearms and ammunition.”

Arkansas lawmakers passed a bill in April that protects the rights of medical cannabis patients in the state to carry concealed handguns and prohibits Arkansas State Police from considering “a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution … in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun,” according to the bill text.

The letter asks Stallings for clarification on how the state ensures “all current CHCL holders and applicants are not ‘controlled substance users,’ including users of medicinal marijuana” and how the state reconciles its state law with federal law.

“If Arkansas law does not require authorized State officials to confirm that an individual is not a ‘controlled substance user,’ then federally prohibited marijuana users may obtain firearms using the CHCL,” the letter states. “If ATF does not receive a response to the above issues, ATF will reevaluate the Arkansas CHCL as an alternative permit. As a result of that process, ATF may determine an Arkansas CHCL no longer qualifies as an alternate to the NICS check requirement.”

Mitchem asked for a response from Stallings on the questions within 30 days.

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Ohio Attorney General Provides Legal Analysis of Cannabis Legalization Ballot Question

10/06/2023

Ohio Attorney General Dave Yost this week issued a legal analysis on the proposed ballot initiative to legalize cannabis in the state in an effort to provide “Ohioans with vital clarity and transparency” ahead of the November 7 vote.

“The people of Ohio hired me to do a job. I owe it to them to give them accurate information so they can make informed decisions. This work is for them.” — Yost in a press release

In the analysis, Yost contends that the legalization measure “is not expected to eliminate the black market” for cannabis products but the analysis does not take a position on the question.

The analysis notes that industry licenses would be based on numerous factors, including “wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business”; “social disadvantage” based on race, color, ethnic origin, gender, physical disability, long-term residence in an area of high employment, or previous cannabis-related criminal offenses; and “economic disadvantage based on economic and business size thresholds and eligibility criteria aimed at stimulating development in qualified census tracts.”

“The new program would also implement an outreach initiative to educate potential participants about the program; provide financial assistance, loans, grants, and technical assistance to certified participants; encourage employment practices that focus on hiring and educating minorities, women, veterans, and persons with disabilities; fund various studies; and propose policy change,” the analysis says.

The analysis also notes that, if approved, the measure would create a program for cannabis addiction services to be implemented by the Ohio Department of Mental Health and Addiction Services, paid for by the 10% excise tax on cannabis products.

“The program would include best practices for education and treatment of individuals with addiction issues related to marijuana or other controlled substances,” the analysis says, “including opioids, as well as a toll-free telephone number Ohio residents could call to obtain basic information about addiction services available, and options for an addicted consumer to obtain help.”

Additionally, the AG’s analysis explains that the measure “does not address the interplay between the proposed state law and existing federal law” and that the federal government could still choose to prosecute those who violate federal law despite state law reforms.

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Florida Supreme Court to Hear Arguments on Cannabis Legalization Initiative Next Month

10/05/2023

The Florida Supreme Court has scheduled for November 8 oral arguments on the proposed ballot initiative to legalize cannabis for adult use, WFLA reports. The challenge to the proposal is led by state Attorney General Ashley Moody who claims the measure “misleads” voters to benefit Trulieve, the state’s largest medical cannabis company.

According to the ballot question’s summary, the measure would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption.” However, Moody argues the proposal, if passed, “would not actually allow anything,” because cannabis possession is illegal under federal law.

Smart and Safe Florida, the sponsor of the petition, argues that Moody’s arguments are a “thinly veiled policy agenda.”

In oral arguments for the ballot initiative, each side will have 20 minutes to state their case before the Florida Supreme Court. The petition has garnered over 1,033,000 valid signatures from across the state. Adult-use cannabis initiatives had made it onto statewide ballots in 2014 and 2016 but neither surpassed the 60% threshold required for constitutional amendments. The Florida Supreme Court rejected a recreational marijuana initiative in 2021 on the grounds that the ballot summary did not address its contradiction with federal law.

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Minnesota County Considering Operating Cannabis Dispensary

10/05/2023

Officials in Cook County, Minnesota are considering operating a municipal cannabis dispensary, WTIP reports. The county currently runs a liquor store in Grand Marais and the arrangement for the dispensary would be similar.

County Administrator James Joerke told WTIP that officials are interested in a county-run dispensary “because it would create a new revenue stream for county government” that could potentially be used to offset the county levy.

Were the county to open a dispensary, they would purchase the cannabis products from a non-county entity, most likely a grower unaffiliated with any form of local government. Commissioner Dave Mills compared the scenario to that of the liquor store in Grand Marais – in that the city does not distill its own liquor, but buys it from someone else and then sells it.

To curb federal law, Mills suggested that the Cook County Economic Development Authority (EDA) could be the organization that actually has claim to the dispensary. However, he said that the EDA Board of Directors did not have “a whole lot of comfort” about the plan.

According to Minnesota Department of Revenue data outlined by WTIP, the state received nearly $600,000 in sales tax alone through August 21. According to Revenue Department data, the sales tax is projected to provide $15.4 million in additional funding to the state’s General Fund in Fiscal Year 2024, $50 million in 2025, and $84 million and in 2026.

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Michigan Bill Would Allow Students to Use Medical Cannabis at School

10/05/2023

A bill introduced in Michigan seeks to allow students to use medical cannabis at school, CBS News reports. It is the second time the measure, known as Jayden’s Law, has been introduced in the state and supporters say it would allow students to take their medicine without interrupting academic time.

State Rep. Jimmie Wilson Jr. (D), one of the bill’s sponsors, told CBS News that the proposal allows medical cannabis pediatric patients to have their medication in the schools the same way anyone else has their medications stored.”

“The same way, whether it be in a nurse’s office or an administration office, they would go up and access their medication the same way anyone else would, and they would go back to class.” — Wilson Jr. to CBS News

Under current state law, students must be checked out of school and taken at least 1,000 feet from the building to take their medicine and then be checked back into school.

State Sen. Dylan Wegela (D) told CBS News that the bill’s passage “would simply make their day more cohesive.”

“It is an inconvenience for students who take this medicine,” he said. “Most of those students who have autism or have chronic pain or epilepsy have to take time out of the school day, miss instructional hours and go off campus to take medicine, and then come back.”

The proposal does not allow smokeable forms of cannabis to be administered on school grounds. Students would be able to access products like tinctures and pills. The measure also allows schools to opt out if the federal government challenged the regulations.

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VCT Announces New Proprietary Delivery Method for Cannabis Vaporization Which Aims to Eliminate Risks Associated with Unregulated Counterfeits

10/04/2023

Vapor Cartridge Technology (VCT) is proud to introduce a groundbreaking solution to address the pressing concerns surrounding vape cartridges in the cannabis market. With a commitment to ensuring the safety and quality of cannabis consumption, VCT presents a new proprietary delivery method that stands to revolutionize the industry.

The Current Cannabis Landscape

In today’s cannabis landscape, the demand for cannabis extracts is skyrocketing. Vaporization has become a preferred method of consumption due to its quick onset of effects and high bioavailability, making vape pens one of the most popular delivery methods among US consumers. However, the extraction of THC and CBD oils, achieved through methods such as Super Critical CO2 and hydrocarbon extraction, often involves the use of diluting agents to optimize their functionality in vape cartridges. These diluting agents have been associated with health concerns stemming from vape usage. Additionally, the ease of counterfeiting existing vape pens and the presence of unregulated manufacturers pose significant risks to consumers.

Summary of New Technology

Vapor Cartridge Technology (VCT) is proud to introduce its innovative solution to these challenges. VCT’s approach is revolutionary in several key aspects:

Product Purity: VCT’s delivery method utilizes no diluting agents or additive oils, resulting in clean and precise vapor.
Patented Thermal Distillation Process: VCT employs a patented “Thermal Distillation Process,” a “whole plant” extraction method that extracts all 150+ cannabinoids, terpenes, trace flavonoids, carotenoids, and chlorophylls from cannabis.
Conductive Aluminum Substrate: Botanical extracts are accumulated on a conductive aluminum substrate, which can be easily “rolled” into a cartridge cylinder for implementation in a vaporizer.
Low Temperature Vaporization: VCT’s process ensures that only the botanical compounds are inhaled, minimizing any potential risks associated with inhaling harmful substances.
No Chemical Solvents: The Thermal Distillation process uses no chemical solvents, ensuring a safe and pure vaping experience. Additionally, the aluminum cartridges are recyclable, reducing environmental impact.

Opportunities for Licensees & Regulators

Vapor Cartridge Technology offers an exceptional opportunity for regulators and licensees to take control of vape cartridge manufacturing, thereby curbing counterfeiting and delivering a superior product to consumers. VCT is actively seeking partnerships with cannabis regulatory bodies, brand manufacturers, and makers of extraction and processing equipment. Moreover, VCT has recently published a proposal for the California Department of Tax and Fee Administration (CDTFA), detailing how its technology can reinvigorate the legal cannabis market in California.

VCT founder Timothy McCullough is available for discussions regarding the proposal and the potential benefits of implementing this groundbreaking technology.

About VCT:
Vapor Cartridge Technology (VCT) is a patented and FDA-approvable process for extracting essential oils and resins from cannabis, along with an FDA-approvable device for delivering a pure and exact dose of the extracted oils/resins as a consistently reliable, precise inhalable vapor. This cutting-edge technology, once commercialized, will provide a pure and exact dose of inhalable vapor and will be far more cost-effective than current methods in both medical and recreational markets.

Vapor Cartridge Technology LLC is actively seeking licensing opportunities for their new technology. Regulators and venture capital firms in both existing markets and emerging markets may reach Tim McCullough via email or telephone.

Email: TLM.VCT.144@comcast.net Mobile: 651- 491- 2115

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General Cannabis Licensing Opens in New York

10/04/2023

General cannabis licensing in New York opens today amid an injunction on its Conditional Adult-Use Retail licensing program imposed by a judge in August. The 60-day window includes licensing applications for cultivators, processors, distributors, retailers, and micro licenses.

The window opens two days before the state Supreme Court is set to make a decision on the current injunction. Justice Kevin Bryan in August imposed the injunction on cannabis licenses in New York after finding that the state had not followed its own rules with regard to the definition of social equity. The lawsuit was filed by four service-disabled military veterans who argued that the Office of Cannabis Management created a licensing system that ran afoul of New York‘s adult-use cannabis law and improperly limited initial licenses to people with cannabis convictions rather than a wider category of social equity applicants, including service-disabled military veterans. The lawsuit claims that the cannabis regulators overstepped their authority by creating the licensing category for people with convictions because that decision was not approved by the Legislature and that the decision violates the state constitution.

Since the imposition of the injunction, all of New York’s cannabis licensees that have not opened their business in earnest have been in flux, forced to stop building out their sites or working toward opening.

The slow rollout of adult-use cannabis sales in New York, paired with the court order, has led to what lawmakers described in a letter to Gov. Kathy Hochul (D) as “250,000 pounds of unsold cannabis.” In that letter, the signatories urged the governor to pass the Cannabis Crop Rescue Act, which would allow farmers to sell their cannabis to dispensaries on Tribal lands in the state.

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Study: Nearly 19% of Online Cannabis Sellers Do Not Require Age Verification

10/04/2023

A recent study published in JAMA Pediatrics suggests that 18.8% of online cannabis sellers do not require age verification, according to a Healio News report outlining the research. Among the 80 sellers included in the study, 84% offered nontraceable payment methods, which could help children hide their purchases, and 28% had an out-of-state delivery option.

Between July 1, 2022, and June 15, 2023, researchers created a list of Google search terms to identify online cannabis dispensaries that sold to U.S. customers, and collected data on various attributes of the sites, such as “if a site verified a user prior to entering the website and prior to checkout,” Ruth L. Milanaik, DO, a developmental and behavioral health specialist at Cohen Children’s Medical Center, explained to Healio.

It is not clear if the researchers differentiated between licensed brick-and-mortar cannabis dispensaries operating within a state-regulated market and online-only businesses selling processed hemp products. In most states, licensed cannabis dispensaries and delivery services are required to manually check ID for every purchase, often at multiple points of interaction. Purveyors of hemp-derived products are essentially unregulated, operating under the disputed assumption that the 2018 Farm Bill legalized any hemp-derived cannabinoid product containing less than 0.3% THC.

The researchers found 80 online dispensaries based in 32 states and recorded their policies and products. Seventy percent of the websites prompted users to click yes to confirm they were of legal age, and 3.8% asked for a specific birth date, but none required verified age documentation to enter the website.

“The lack of age verification was surprising, but not unexpected,” she said, “as we knew that age verification tactics were lacking on many alcohol and e-cigarette sites as well from reading previous research.”

According to the research, another 66.3% required users to verify age when completing a purchase or on a receipt of a cannabis product, with half accepting options such as government-issued identification, 26.3% accepting a medical cannabis identification number, and 10% accepting a self-reported birth date. 92.5% of the dispensaries offered vapes, 93.8% offered edibles, 53.3% offered nonalcoholic beverages, and 78.7% offered chocolates.

Local delivery was offered by 67.5% of the sellers, with 66.3% offering pickup. Another 27.5% of the sites offered out-of-state delivery, with 95% saying they could deliver to states with differing cannabis laws than the state where the dispensary was located.

Milanaik told Healio that the researchers were “most surprised by the offers to ship across states and the vague language” on many of the websites.

Since the researchers used Google to identify dispensaries, and since licensed dispensary owners would be unlikely to publicly flaunt rules that would result in their license being revoked (i.e. selling across state lines), it is likely that many if not all of the reviewed dispensaries offering interstate sales were selling hemp-derived products, not regulated cannabis.

The fact that the researchers apparently did not distinguish between hemp-derived products and regulated cannabis products highlights the lack of consumer awareness of the difference, and the urgent need for better regulations governing intoxicating hemp products to prevent them from winding up in the hands of children.

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Georgia Has Been Miscounting Medical Cannabis Patients and Caregivers for Years

10/03/2023

The Georgia Department of Public Health (DPH) has been miscounting the number of medical cannabis patients and caregivers enrolled in its low-THC oil registry for years, 11 Alive reports. Health officials had previously reported there were about 50,000 people signed up for the registry, but the figure is actually about 14,000.

The inconsistency was due to officials counting expired and duplicate ID cards, patients counted as caregivers, and about 3,400 patients who had died. The state database had counted 21,000 caregivers but the number is actually 1,200. DPH Commissioner Kathleen Toomey told 11 Alive that the state relied on physicians to remove patients who stopped using the oil or died, but many of them stopped reporting the information during the COVID-19 pandemic.

In Georgia, the number of registered medical cannabis patients directly impacts the number of dispensaries that can open.

Gary Long, CEO of Botanical Sciences, one of the state’s two licensed medical cannabis companies, said the firm is “disappointed to learn of this discrepancy” because it relies on the state data “to make critical business decisions.”

“We are eager to continue working with the state to increase awareness about and broaden Georgians’ access to medical cannabis,” he told 11 Alive.

In an interview with the Atlanta Journal-Constitution, Long said “focus should be on how we move past this in a cohesive way that increases awareness of this industry in our state and the availability of these therapeutic products for patients in need.”

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Former Massachusetts Cannabis Control Commission Head Sues Over Suspension

10/03/2023

The former chairwoman of the Massachusetts Cannabis Control Commission (CCC) is suing the state treasurer after she was removed from her position leading the agency, SHNS reports. In the lawsuit, Shannon O’Brien accuses Deborah Goldberg of removing her as head of the CCC “without notice, without articulated reason, and without any opportunity to be heard, all of which is required by the clear and unambiguous provisions of Massachusetts law … as well as basic norms of due process.”

Goldberg had appointed O’Brien to chair the CCC a year ago but suspended her two weeks ago without offering a reason publicly. In a statement following the suspension, but prior to the lawsuit, Goldberg said she removed O’Brien based on “several serious allegations” made by an unnamed commissioner and staff about her behavior. In a response to the lawsuit, a spokesperson for Goldberg said the treasurer “is confident that she has taken the appropriate actions to address the matter.”

“Several serious allegations were made by a Commissioner and CCC staff about the Chair’s behavior and the CCC initiated an investigation, hiring an outside law firm. The law firm undertook an investigation and has returned with a report. According to the CCC’s employee handbook, suspension with pay is the only allowable remedy at this point, as the findings are being reviewed and action is considered. A second challenge involved in this situation is that the enabling legislation for the Commission clearly establishes the CCC as an independent entity. The role of the Treasurer is to appoint the Chair and jointly appoint two other Commissioners, but beyond that the office of the Treasurer has no other authority, oversight, management, or influence over the Commission.” — Goldberg in a statement

The lawsuit is asking for a preliminary injunction to stop Goldberg from removing O’Brien, describing the move as “unlawful.”

Last year, the CCC’s first chair, Steve Hoffman, resigned from the position. O’Brien’s lawsuit claims Hoffman left the role after the agency’s “entrenched bureaucracy” made “false allegations against him.” At that time, Hoffman offered no reason for his departure, saying it was “a natural inflection point when the time is right for a transition in leadership.”

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Sen. Grassley Says Congress Should Prioritize Scheduling Fentanyl-Related Substances Over Cannabis Banking

10/03/2023

In a letter to Senate Majority Leader Chuck Schumer (D-NY), Sen. Chuck Grassley (R-IA) said the chamber should prioritize a measure to permanently schedule fentanyl related substances under the Controlled Substances Act over the passage of the Secure and Fair Enforcement Regulation (SAFER) Banking Act Banking Act.

In the letter, Grassley claims that the banking bill “could equip criminal actors with resources to expand their influence.”

“For years, the law enforcement community has raised serious concerns that the SAFE Banking Act and its progeny are a boon for the very cartels that are pumping fentanyl into our streets. Despite its relation to Title 18, the legislation has largely bypassed the critical eyes of the Senate Judiciary Committee, and the current text does little to resolve the Justice Department’s enforcement concerns.” — Grassley in the letter

Grassley added that he is “disheartened” that Schumer intends to bring the cannabis banking bill “to the Senate floor with all due speed.”

Instead of addressing the fentanyl crisis, Grassley said “the Senate appears to be turning its attention to legislation designed to ease the movement of marijuana money through the financial system, and provide access for Wall Street to invest billions of dollars into this industry.”

The bipartisan SAFER Baking Act passed the Senate Committee on Banking, Housing and Urban Affairs late last month. The measure has received support from a bipartisan group of more than 20 attorneys general who sent their own letter to Congressional leadership urging lawmakers to approve the bill.

In their letters, the AGs note “the lack of access to banking services creates both barriers to entry into the industry and instability for existing businesses” and the law “will enable the evolution of a banking system for legalized cannabis-related businesses that is both responsive and effective in meeting the demands of our economy.”

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Federal Judge Blocks Arkansas Law to Ban Hemp-Derived THC

10/02/2023

A federal judge has blocked an Arkansas state law that aimed to ban hemp-derived THC products, Arkansas Business reports. The decision by U.S. District Court Judge Billy Roy Wilson prevents the state from enforcing the law and the judge also denied the defendants’ motion to dismiss the case, setting a bench trial for September 7, 2024.

The ban, which took effect August 1, narrowed the definition of hemp “to recriminalize the possession, manufacturing, transportation, and shipment of certain popular hemp-derived cannabinoid products,” the plaintiffs said in the lawsuit, adding that they feared that if the law wasn’t blocked, it “would lead to thousands of lost jobs around the state and turn farmers, business owners, and consumers – including Plaintiffs – into criminals overnight, despite no change in federal law.”

The now unenforceable state law covered hemp-derived delta-9 THC, delta-8 THC, and delta-10 THC and added each to the state’s controlled substances list.

In the ruling, Wilson said the plaintiffs were likely to win the case and that they suffer “a credible threat of criminal prosecution” that could affect their ability to obtain a license to grow or handle legal hemp as well as lost profits.

Abtin Mehdizadegan of the Little Rock office of Hall Booth Smith, who represented the plaintiffs, said in an email to Arkansas Business that the judge’s order “represents an important watershed moment for the hemp industry,” noting that while it only applies to Arkansas, the plaintiffs “hope and expect that other states with similarly misguided ideas about banning industrial hemp products will take note.”

The plaintiffs named Arkansas officials, including Gov. Sarah Huckabee Sanders (R), Attorney General Tim Griffin and prosecuting attorneys as defendants. They argued that the law is unconstitutional because it directly conflicts with the federal 2018 Farm Bill, which removed hemp from the federal schedule of controlled substances.

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Michigan Ends Pre-Employment Cannabis Testing for Most State Jobs

10/02/2023

Rules ending cannabis testing for tens of thousands of government employees in Michigan took effect on Sunday, FOX 2 reports. The Michigan Civil Service Commission had first proposed the rule change last May and the reforms were unanimously approved by the commission in the summer.

Employees who work in safety-sensitive positions, including law enforcement, operate vehicles, provide health care, or work with prisoners, will still be tested for cannabis before being hired but the change impacts about two-thirds of the jobs within the state government.

In an interview with FOX 2, Commissioner Nick Ciaramitaro said “Whether or not we agree with (recreational cannabis) is kind of beyond the point in terms of pre-hire.”

“Use of marijuana on the job is different than having used it months before you take the test. It doesn’t make sense to eliminate qualified people because they took a gummy two weeks ago.” — Ciaramitaro to FOX 2

There are currently about 200 applicants who are barred from working for the state due to a failed pre-employment cannabis test. Under the new rules, those individuals can reach out to the civil service department and request the removal of the sanction, allowing them to be eligible for state employment.

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South Dakota Considers Increasing Medical Cannabis THC Caps

10/02/2023

South Dakota officials are considering allowing 10% more THC in medical cannabis products and larger-sized containers as part of proposed changes to the state’s medical cannabis program, KELO reports. The changes also include rules prohibiting medical cannabis products from being manufactured with unadulterated cannabis and requiring rolling papers used for prerolls to be tested by state-approved laboratories.

During a hearing by the Legislature’s Rules Review Committee, Jeremiah Murphy, representing the Cannabis Industry Association of South Dakota, said that while he agreed that some additives are harmful and should be banned under the medical cannabis program, other additives can be either beneficial or dangerous depending upon the product that they are in. He suggested that the agency should develop a more detailed list of adulterants rather than outlawing them in a general rule.

Murphy also told the panel that a proposed testing requirement for rolling papers would be costly for manufacturers and the higher prices would be economically uncompetitive. He added that patients could still buy rolling papers and cannabis from dispensaries to roll their own, which wouldn’t be subject to state-required testing. He suggested that officials should instead develop a list of pre-approved rolling papers that manufacturers could use.

The Department of Health is accepting public comments on the proposal through October 9.

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American Nurses Association Formally Recognizes Cannabis Nursing Specialty

9/29/2023

The American Nurses Association (ANA) on Thursday announced it is formally recognizing cannabis nursing as a specialty. The American Cannabis Nurses Association (ACNA) identifies cannabis nursing as a practice focused on the care of healthcare consumers seeking education and guidance in the therapeutic use of cannabis.

ANA is the sole reviewing body of specialty nursing scope of practice and standards of practice, requests for specialty recognition, and affirmation of focused practice competencies.

In a statement, ANA President Jennifer Mensik Kennedy said the recognition “highlights the essential role and special contribution of cannabis nurses to the health care system and promotes enhanced integration of cannabis therapies for health care consumers across diverse health care settings.”

ACNA President Rachel Parmelee said the organization is “deeply gratified by the groundbreaking establishment of cannabis nursing as an ANA-recognized nursing specialty.”

“Nurses are the largest group of health professionals, providing an opportunity to change the health care paradigm and include diverse wellness modalities beyond traditional Western medicine. Cannabis nursing requires specialized knowledge and competencies to navigate care and address the stigma associated with medical cannabis use to support a healthy society. We seek to create lasting, transformative change that enriches both specialized and general nursing practices, ultimately serving the well-being of patients nationwide.” — Parmelee in a press release

The ANA added that it “supports the urgency of clinical research to inform patients and providers on the efficacy of marijuana and related cannabinoids.” In a 2021 position statement, the organization said it supported the “review and reclassification of marijuana’s status from a federal Schedule I controlled substances.”

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Former Michigan Medical Cannabis Board Head Sentenced to Nearly 5 Years in Prison for Accepting Bribes

9/29/2023

Rick Johnson, the former Michigan House speaker and head of the Michigan Medical Marihuana Board (MMB) was sentenced on Thursday to nearly five years in prison for accepting bribes while leading the MMB, the Associated Press reports. Johnson admitted he accepted at least $110,000 from 2017 to 2019.

Johnson served as Michigan’s House speaker from 2001 to 2004. During his sentencing, he told the judge he is “a corrupt politician.”

Others already sentenced in the scheme include Michigan businessman John Dalaly, who pleaded guilty to charges levied against him in April. Dalaya admitted to paying Johnson at least $68,200 in cash and other benefits, including two private flights to Canada, and hired Johnson’s wife, who helped him fill out forms that would end up in front of the state board, as a consultant for $4,000 a month. Dalaya was sentenced earlier this month to more than two years in federal prison.

Two lobbyists have also pled guilty in the scheme.

After Johnson’s hearing, U.S. Attorney Mark Totten said the former lawmaker’s “brazen corruption tainted an emerging industry, squandered the public’s trust and scorned a democracy that depends on the rule of law.”

Prosecutors had recommended a nearly six-year prison term for Johnson.

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More Than 20 AGs Send Letter to Congressional Leadership Urging Passage of SAFER Banking Act

9/29/2023

A bipartisan group of more than 20 attorneys general on Tuesday sent a letter to Congressional leadership urging them to pass the Secure and Fair Enforcement Regulation (SAFER) Banking Act. The bill passed the Senate Committee on Banking, Housing and Urban Affairs on Wednesday.

In the letter, the attorneys general note that current federal law, which classifies cannabis as a Schedule I drug, presents “a risk of criminal and civil liability to banks providing services to state-licensed cannabis dispensaries and related businesses” which significantly inhibits “the ability of financial institutions to provide services to regulated cannabis operators and leaves those businesses struggling to find financing.”

“The lack of access to banking services creates both barriers to entry into the industry and instability for existing businesses. Recently, Mastercard announced that it will no longer allow its cardholders to use their bank cards to purchase cannabis, cutting off a key revenue stream and making it harder for customers and businesses alike,” the letter states. “Further, where the public perceives that regulated businesses can only conduct business in cash, employees and customers are at greater risk of violent crime in pursuit of that cash. Several jurisdictions have seen a spike in robberies of cannabis businesses, some of which have resulted in deaths.”

The signatories add that passage of the law “will enable the evolution of a banking system for legalized cannabis-related businesses that is both responsive and effective in meeting the demands of our economy.”

The letter is signed by the attorneys general of Arizona, California, Colorado, Connecticut, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Vermont, Washington state, and Washington, D.C.

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Körber Offers Preroll Solutions to Help Cannabis Brands Increase Profit

9/28/2023

Pre-rolls have undeniably become one of the fastest-growing categories in the cannabis industry. Consumers seek convenience, and the era of worrying about low-quality cannabis in pre-rolls has faded into the past.

Furthermore, the introduction of cylindrical or cigarette-style pre-rolls (straight pre-rolls) has elevated an outstanding smoking experience, adding to the allure of this category.

With rising sales figures in many states, the need to optimize production becomes paramount, especially in light of limited financial liquidity and workforce availability. The focus shifts towards profitability, cost reduction, increased product quality, and enhanced appeal.

Let’s face it; achieving these goals requires departing from conical pre-rolls and slow-paced automated production. It’s time to draw inspiration from the tobacco and cigarette industry’s rod production methods.

Efficiency and Precision in Cannabis Production
In the 1950s, cigarettes came in various shapes, mostly lacking filters. Brands like Marlboro recognized the potential of filters, appealing to a broader consumer base. Standardizing the cylindrical shape introduced automation, significantly reducing production costs. Today, those early adopters dominate the global cigarette market, and Körber (formerly Hauni), the pioneer of filter cigarette making machines, stands as the undisputed number one machine supplier for this industry.

The question arises: Can this approach thrive in the highly fragmented U.S. cannabis market, challenged by interstate shipments? The answer is affirmative, albeit on a smaller scale. Körber’s CANTOS cylindrical pre-roll efficiently produces 40,000 pre-rolls per 8-hour shift. Leveraging the cigarette shape, it seamlessly integrates with regular cigarette packers. As national legalization approaches, highly automated and efficient production hubs emerge, making it even more enticing for some to transition to the world’s fastest pre-roll maker, the Nano-H, producing over 1,000 pre-rolls per minute.

Continuous Flow Production
Cigarettes are produced in a continuous flow, rather than individually rolled. This principle allows production speeds of up to 20,000 cigarettes per minute while maintaining the highest possible quality. Körber’s pre-roll makers embrace this continuous production principle, with adjustments to handle sticky cannabis. Achieving production costs per pre-roll (including all non-cannabis materials) below $0.02 becomes attainable.

The Filter Plug: Customization and Trends
Upon opening a classic cigarette box, consumers immediately notice the filter plug. Beyond potentially reducing harmful substances, filter plugs enhance pre-roll appearance and flavor. With over 80% of filters worldwide produced on Körber’s filtermaking machines, Körber collaborates with customers to develop innovative filters. These include the capsule filter, featuring a crushable flavor capsule (e.g., mint), and the multi-filter, combining segments like charcoal and acetate. The crimped paper filter plug, once popular in France, has made a comeback due to the demand for biodegradable materials. The crutch tip, commonly found in many pre-rolls, reflects the growing popularity of paper filters. The filter plugs are attached to the cannabis rod by a tipping paper. This tipping paper offers an excellent opportunity for product customization with various colors and logos.

Material Preparation and Airflow Control
Drawing from the tobacco industry’s experience, cannabis production benefits from techniques like resting and cooling to prepare materials for downstream processes. Blending, initially met with skepticism, can however standardizes cannabis characteristics, ensuring a consistent and enjoyable smoking experience, especially with psychoactive substances. With 75 years of expertise in tobacco preparation machinery, Körber applies this knowledge to refine the cannabis preparation process.

Airflow control is a critical factor in mastering the smoking experience. Cigarette companies have perfected the ideal combination of product hardness and airflow to ensure a slow, enjoyable burn. The continuous cigarette production principle, coupled with meticulous filler preparation, enables cannabis companies to achieve similar metrics. Perforated tipping paper or online perforation enhances airflow and can be used in case a lighter taste wants to be achieved.

About Körber
The Körber Group, with over 12,000 employees worldwide, provides machinery and solutions across pharmaceuticals, tissue, and tobacco industries. Körber Logistics offers automated warehouse and parcel handling solutions, while Körber Digital provides AI-based solutions. Körber Technologies (formerly Hauni Maschinenbau), with over 4,000 employees, leads in tobacco machinery and solutions. For over three years, Körber has offered pre-roll makers tailored for the cannabis industry. The compact TFM machine efficiently fills pre-made cylindrical tubes, which are significantly more cost-effective than cones, at 80 cpm. Beyond this, CANTOS and NANO-H are the machines using the continuous cigarette making principle. Körber’s pre-roll makers handle high-THC material and industrial hemp with precision and Körber assist customers in optimizing the entire production process, from material preparation to production flow, as well as the with the selection of the materials (tipping paper etc.).

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The Current Cannabis Landscape

Summary of New Technology

Opportunities for Licensees & Regulators

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