UK Prime Minister’s Office: ‘No Plans’ to Reclassify Cannabis from Class B to Class A Drug

10/11/2022

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The United Kingdom prime minister’s office is distancing itself from a proposal from Conservatives that would reclassify cannabis from a Class B to Class A drug in the country, with a Downing Street spokesperson telling The Guardian that there are “no plans” to make the change.   

The plan was pitched last week by Conservative police commissioners in the U.K. It would have put cannabis in the same category as heroin and cocaine and meant harsher penalties for possession and potential life sentences in prison for dealers and producers. The proposal was also reportedly backed by Home Secretary Suella Braverman. 

A Home Office spokesperson last week said there were no current plans to reclassify cannabis. 

“Our priority is on cracking down on illegal drugs and the crime they drive. We’ve launched a drug strategy backed by record investment to deliver a whole-system approach to tackling supply and demand.” — Prime Minister Liz Truss spokesperson to The Guardian 

In a Sunday Times article published October 9, a source close to Braverman said she is strongly opposed to cannabis decriminalization. The source said Braverman believes cannabis is a “gateway drug” and decriminalization would send a “cultural” and “political” sign that using cannabis was “acceptable behavior.”   

Peter Reynolds, the president of CLEAR, which opposes cannabis prohibition, called the proposal “completely crazy” following the calls from the police commissioners.

“The idea of doing more of the same as the past 50 years, which has quite obviously dramatically failed, is ridiculous,” Reynolds told the BBC. “The only people who want this are ignorant politicians and the people who sell illegal drugs, I’m crystal clear about that.”

Under UK drug laws, penalties for possession of a Class A drug include an unlimited fine and up to seven years in prison, while suppliers and producers can be sentenced to life. Sentences for Class B drugs are up to five years for possession and up to 14 years for supply or production.

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Illinois Community College Lauches State’s First Cannabis Associate Degree Program

10/11/2022

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Pullman, Illinois’ Olive-Harvey College is now offering an associate degree in Applied Cannabis Studies next year, which will make it the first community college in the state to offer a cannabis-focused degree program, WGN9 reports. Courses will include cannabis and the law, hemp horticulture, basic chemistry, and general botany. 

Dr. Kimberly Hollingsworth, Olive-Harvey College president, said the degree could help students on their career paths into the cannabis industry as consultants, extraction technicians, cultivators, and dispensary operators.  

“Our students will have an opportunity to have a hands-on experience with our hemp plants. Cultivation, how to run your own dispensary. The good thing about this new degree is it’s science based.” — Hollingsworth to WGN9 

The college has set up a state-of-the-art greenhouse on campus that will help students grow and maintain hemp as part of the program. As many as 140 students can be enrolled in the program at a time. After completing the two-year program, students could move on to other STEM-related degrees at a four-year college or university.  

Several other colleges and universities in Illinois offer cannabis certificate or degree programs, including Southwestern Illinois College, the University of Illinois Urbana-Champaign, and the University of Illinois, Springfield. In all 11 community colleges are offering cannabis-related courses but not yet full degree programs. 

From January to August this year, Illinois dispensaries sold more than $1 billion in adult-use cannabis products. The state didn’t reach a billion in sales in all of 2021. 

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U.S. Health Secretary Already Working With FDA On Cannabis Scheduling Review

10/10/2022

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The U.S. Health & Human Services (HHS) Secretary Xavier Becerra said on Friday that his agency intends to move “as quickly as we can” to deliver on President Biden’s request for the review of federal cannabis laws, the Florida Phoenix reports.

Biden formally requested for Becerra and U.S. Attorney General Merrick Garland to expedite a review of the nation’s cannabis laws on Thursday; at the same time, the president issued pardons for all federal cannabis possession and personal use offenses.

Because the scheduling review will fall largely upon the Federal Food and Drug Administration, Becerra said he is already in discussions with FDA Commissioner Robert Califf.

“The president was very clear — he wants this done as quickly as possible. It’s not new science, but there’s a lot of information to gather because in many states marijuana has been legalized for either medical purposes or recreational purposes.” — Becerra, via the Phoenix

Cannabis remains a Schedule I substance under the Controlled Substances Act, which is reserved for drugs “with no currently accepted medical use and a high potential for abuse,” despite the advent of dozens of successful medical cannabis programs throughout the U.S. Additionally, 19 states have legalized adult-use cannabis and five more states are set to vote on the issue this November.

A recent poll found that 60% of U.S. voters support the federal legalization of adult-use cannabis.

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Poll: Most Americans Support Biden Pardons & Want State-Level Action

10/10/2022

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A recent YouGov America poll found a 61% majority of Americans in support of President Biden’s move last week to pardon federal convictions related to cannabis possession and personal use. Additionally, 62% of Americans said they would like to see their own governors to follow suit and issue sweeping cannabis pardons at the state level, according to a follow-up question posed by the pollster.

YouGov found that 26% of respondents disapproved of the president’s move to pardon federal cannabis offenses while 13% were uncertain. Meanwhile, 25% of respondents disapproved of the idea of state-level pardons with 14% uncertain.

According to a final follow-up question, 25% of Americans support the current Schedule I status of cannabis under the Controlled Substances Act, which is reserved for “drugs with no currently accepted medical use and a high potential for abuse,” while 51% said that cannabis should not be considered a Schedule I drug and 24% were unsure.

The polling comes amid historic support for the federal reform of cannabis laws, with another poll released last week recording 60% support nationwide for cannabis legalization.

Nineteen states have already established adult-use cannabis reforms while five more states are set to consider their own legalization proposals this November.

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Poll: 60% of U.S. Voters Back Federal Cannabis Legalization

10/07/2022

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A Morning Consult/Politico poll released Wednesday found that 60% of U.S. voters believe cannabis should be federally legalized. The survey found that 27% of all voters preferred it remains outlawed with 13% unsure. 

The reforms were backed by 71% of Democrats, 61% of independents, and 47% of Republicans; they were opposed by 16% of Democrats, 24% of independents, and 41% of Republicans polled. 

Legalization saw the strongest support, 71%, among 35-44-year-olds (17% opposed), followed by 69% of 18-34-years-olds (17% opposed), 59% of 45-65-year-olds (30% opposed), and 45% of voters 65-and-older (41% opposed). 

A majority of voters across all racial demographics backed the reforms, in all 72% of Black voters, 67% of Hispanic voters, 58% of White voters, and 57% of voters who identified as another race.   

A Gallup poll from last November found that 68% of Americans backed the reforms, maintaining the record level of support ever measured by the pollster. 

The poll was released just one day prior to President Joe Biden (D) announcing the pardoning of all federal cannabis possession charges – the most significant step to reform federal cannabis policy since the enactment of the Controlled Substances Act, which outlawed cannabis in 1970.  

In a statement posted online, Biden added that his Secretary of Health and Human Services and the U.S. Attorney General would “initiate the administrative process to review expeditiously how marijuana is scheduled under federal law,” which could lead to the rescheduling or descheduling of cannabis under federal law. 

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DEA Museum Historian Admits ‘Racial, Ethnic, and Class Prejudice’ Led to Drug Laws

10/07/2022

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In an episode of “Stories from the Collection” by the Drug Enforcement Administration (DEA) Museum, museum historian Kasey Sease, Ph.D., admitted that racially discriminatory drug laws, in part, led to the agency’s founding.

“Increased non-medical use – as well as racial, ethnic, and class prejudice – affected public opinion. What had been a medical condition became deviant or criminal. This shift led to a wave of laws against heroin, marijuana and cocaine.” — Sease, “Stories from the Collection: Opium Order Form” 

In 1914, prior to the Marihuana Tax Act or the formation of the DEA, Congress passed the Harrison Narcotics Act which required narcotics manufacturers, sellers, and distributors to register with the Bureau of Internal Revenue.  

The first drug law enforcement agency, the Bureau of Narcotics, was authorized by Congress in 1930 and is the predecessor to the modern DEA. 

In 2016, a 1994 quote from John Ehrlichman, then-President Richard Nixon’s chief domestic policy advisor, resurfaced and made it clear that the Nixon administration’s reason for criminalizing drug use was purely to throw into disarray Black communities and the anti-war movement. 

“‘You want to know what this was really all about?’ he asked with the bluntness of a man who, after public disgrace and a stretch in federal prison, had little left to protect,” Dan Baum quoted Ehrlichman as saying. “‘The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and Black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or Black, but by getting the public to associate the hippies with marijuana and Blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.’” 

In June, the DEA reported 6,606 federal cannabis arrests in 2021, an increase from 3,992 in 2020. 

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U.S. Trade Court Rules Cannabis Paraphernalia Can Be Imported

10/07/2022

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The U.S. Court of International Trade (CIT) last month ruled that cannabis paraphernalia could be imported into the country, breaking with the rule outlined under the federal Controlled Substances Act (CSA), Above the Law reports. The ruling came in Eteros Technologies USA, Inc. v. U.S., in which Eteros had challenged the CSA ban on cannabis paraphernalia importation after Customs and Border Patrol blocked the entry of its cannabis-trimming equipment at the Port of Blaine, Washington.

Under the CSA, “Drug paraphernalia” is considered “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” 

In 2012, when Washington state legalized adult cannabis use, it also amended its prohibition on drug paraphernalia to expressly exclude cannabis from its definition. 

In April 2021, Eteros attempted to import the trimmer into the U.S. via the port and was asked by CBP officials whether the trimmer would be used for cannabis that contained more than 0.3% THC – the federal threshold for legal hemp. After being told the tool would, in fact, be used in the adult-use cannabis market, CPB officials seized the equipment. The following month, CPB told Eteros that it would not allow the product entry into the country and Eteros sued the government in June. 

The CIT analyzed the CSA and Washington state’s drug laws, but also considered and applied Murphy v. NCAA, a Supreme Court case that held up New Jersey’s sport-betting law despite conflicting with federal law. The CIT concluded that Washington law authorized the importation of Eteros’s trimmer and deemed CBP’s seizure unjustified. 

If the ruling survives any possible appeals, it could serve as a national precedent and allow the importation and possibly exportation of federally outlawed paraphernalia.

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President Biden Pardons Federal Cannabis Offenses

10/06/2022

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President Joe Biden (D) on Thursday pardoned all federal cannabis possession convictions and said his administration would take steps to consider rescheduling cannabis under federal law, according to a White House press release.

“As I’ve said before, no one should be in jail just for using or possessing marijuana,” the president said on Twitter on Thursday. “Today, I’m taking steps to end our failed approach.”

In a statement posted online, Biden said his Secretary of Health and Human Services and the U.S. Attorney General would “initiative the administrative process to review expeditiously how marijuana is scheduled under federal law.”

“Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances. This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic.” — President Biden, in a statement

He also said governors around the U.S. should take similar steps to pardon cannabis offenses at the state level but that “important limitations on trafficking, marketing, and under-age sales should stay in place.”

Biden campaigned for office on a promise of relief for individuals convicted or incarcerated for using cannabis but after nearly two years of no visible effort, voters and advocates had grown vocal about the president’s apparent inaction. NORML’s Executive Director Erik Altieri said in a statement that while the action was “long overdue,” the cannabis advocacy group was “pleased” to see the president follow through on his campaign promise and called for swift collaboration to “repeal America’s failed marijuana criminalization laws.”

“Congress should be inspired by the Administration’s actions today to act quickly and send legislation to the President’s desk that would help close this dark chapter of our history,” Altieri said.

“We are thrilled that President Biden has taken this initial action to pardon thousands of individuals suffering the collateral consequences of a cannabis conviction,” said Sarah Gersten, Executive Director for Last Prisoner Project. “While we will continue to call on his administration to release those still incarcerated in federal prison for cannabis offenses other than simple possession, these grants are an important first step in acknowledging the need to repair the harms of prohibition. We look forward to continuing to work with the Biden administration on broader clemency grants, the release of every federal cannabis prisoner and the federal legalization of cannabis.”

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Eteros Wins Court Case Over the Import & Export of ‘Marijuana-Related Drug Paraphernalia’

10/06/2022

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Las Vegas, NV, September 21, 2022 — Eteros Technologies USA, Inc., the industry leader in post-harvest cannabis automation equipment, announced the success of its court case regarding the authorization exemption of 21 U.S.C. Section 863(f)(1) of the Controlled Substances Act (CSA). This was a case of first impression never before decided by a Federal or State court. It sets an important precedent for international trade in cannabis paraphernalia, recognizing that States’ authorization of persons to manufacture, distribute or possess cannabis paraphernalia triggers the “authorization exemption” which allows the importation of such products into the United States. The decision effectively instructs U.S. Customs and Border Protection (CBP) to permit the importation of cannabis paraphernalia into states that have legalized the manufacture, distribution, and possession of such items. With the cannabis market estimated at $38.8B in 2023 and multi-state operators’ capital expenditures representing up to 30% of revenue, this decision could impact billions of dollars of cannabis equipment imports annually.

Eteros traces its roots back to Surrey, British Columbia when in 2016, founder Aaron McKellar and a core group of engineers from diverse backgrounds and a passion for innovation and “divergent thinking” began manufacturing equipment for Canada’s newly legalized cannabis industry. In 2019, Eteros, the parent company of the Mobius and Triminator brands, expanded sales from Canada into the US to help support farmers growing now federal-legal hemp and the growing market of state-legal cannabis.

In April 2021, Eteros attempted to import sub-assembly components used to manufacture the Mobius M108S cannabis trimming machine into the Port of Blaine, Washington. On inspection, CBP deemed the parts prohibited “drug paraphernalia,” citing the Federal Controlled Substances Act. Eteros engaged counsel who challenged CBP’s determination by arguing that Washington State’s legalization of cannabis and related paraphernalia triggers the authorization exemption, serving to exclude importations of cannabis paraphernalia from the federal prohibition. The federal authorization exemption states that Section 863 shall not apply to “any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items[.]” CBP ultimately disagreed with Eteros’ legal arguments and Eteros filed an action in the U.S. Court of International Trade to get a definitive court ruling on the meaning of the authorization exemption of Section 863(f)(1).
After months of litigation, CIT Judge Gary S. Katzmann ruled in favor of Eteros, confirming that state law authorizing the manufacture, possession, and distribution of cannabis harvesting equipment (and other cannabis-related paraphernalia) exempts Eteros from the prohibition against importing such merchandise into the United States, at least insofar as the goods are imported into a State like Washington which authorizes manufacture, possession, and distribution of cannabis-related paraphernalia.

“The Court’s decision today is a huge win for the cannabis industry. States’ authorization of persons to manufacture, possess, and/or distribute marijuana-related drug paraphernalia serves to trigger the federal authorization exemption, therefore exempting cannabis-related paraphernalia from the import prohibitions which prevent the importation of all other forms of drug paraphernalia,” said Eteros Technologies’ legal counsel, Richard O’Neill, of Neville Peterson LLP.

“NCIA commends Eteros for challenging the Customs and Border Patrol on this important issue and bringing about this win for the legal cannabis industry. Legitimate businesses all over the world are serving the legal cannabis industry, which generates hundreds of thousands of U.S. jobs. Hopefully, this decision will ensure that these law-abiding businesses will no longer face unfair impediments to importation or exportation of legal products across our borders”, said Aaron Smith, Co-founder, and CEO of The National Cannabis Industry Association.

The ruling comes during a pivotal time in the agricultural evolution of the cannabis industry. Cannabis cultivators are increasingly automating their post-harvest workflow and rely on equipment from innovators like Mobius and Triminator to keep pace with ever-evolving cannabis markets.

For more information, contact Eteros at info@eteros.com.

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Poll Finds 74% Support for Cannabis Legalization in Maryland

10/06/2022

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A new poll from the Washington Post and the University of Maryland found supermajority support among Maryland voters for adult-use cannabis reforms. The poll found that 74% of voters said they plan to back the reforms at the ballot box in November, with 23% opposed and 4% unsure. 

A Goucher College poll conducted last month found 59% support for the reforms, with 34% opposed and 7% undecided.  

The legalization question is set for a statewide voter after state lawmakers passed House Bill 1 in April, which created the Constitutional Amendment that voters will consider. If approved, the amendment would legalize adult-use cannabis starting July 1, 2023, with a transitional period from January 1 to July 1 where possession of up to 1.5 ounces of cannabis would be considered a fineable offense. 

Lawmakers also approved companion legislation which would begin implementing the program following the measure’s passage. That bill also includes automatic expungement of any previous simple cannabis possession charges, resentencing for anyone currently held in a jail or state prison on a cannabis-related conviction, and would establish a study to investigate potential public health concerns including patterns of use and impaired driving. The bill also contains social equity provisions. 

The question posed by the Washington Post/University of Maryland poll mirrored the question that will appear on November ballots in Maryland: “Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the state of Maryland?” 

The poll found that 87% of voters under 40 years old backed the reforms. 

Michael Hanmer, the director of the University of Maryland’s Center for Democracy and Civic Engagement, which co-sponsored the poll, told the Post that what stood out to him was “the high level of support and the diversity of support.” 

“Whether you look across party, region, almost every characteristic, you see majorities supporting this,” he said. “That’s been the trend across the country. People have really shifted their views across time on this issue, all pointing in the direction of being more supportive.” 

If Maryland voters approve the question, the state will be the 20th to legalize cannabis for adults.  

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Authorities Investigating Details Surrounding the Death of Lorna McMurrey

10/06/2022

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Massachusetts authorities are investigating the death of Lorna McMurrey, the employee who died in January at a Trulieve Holdings LLC facility in Holyoke, Western Mass News reports. The investigation is not criminal in nature but Holyoke Fire Department Capt. David Rex told Western Mass News that the medical examiner and police are focused on the call made to the fire department on January 7 around 11 p.m.    

The federal Occupational Safety and Health Administration (OSHA) concluded in its report that McMurrey, 27, died from inhaling “ground cannabis dust.” 

“Filling pre-rolls She (sic) said she couldn’t breathe. Not being able to breathe Marijuana kief (dust) At 11:00 p.m. on January 7, 2022, an employee was grinding cannabis flowers, and packaging ground cannabis in pre-rolls. The employee could not breathe and was killed, due to the hazards of ground cannabis dust.” — OSHA in the January 7 report   

OSHA filed three citations, including more than $35,000 in fines, against Trulieve related to a lack of appropriate training and available safety information for hazardous chemicals. Trulieve is contesting the fines. 

There is no exposure limit in place per OSHA for exposure to “ground cannabis dust.”

In a statement to Western Mass News, Trulieve said, “Our hearts go out to Ms. McMurrey’s family, friends, and colleagues as the circumstances around her passing have recently resurfaced, resulting in their having to re-experience their loss.” 

McMurrey’s death was first reported by The Young Jurks podcast.   

“Out of respect for the family’s privacy, we are not going to provide any details as to the specifics of that day. However, OSHA conducted a thorough investigation of the Holyoke facility. [Personal Protective Equipment] was available onsite,” the spokesperson told Western Mass News. “They tested the air quality throughout the facility and the samples were all well below acceptable ranges. OSHA did issue citations related to communication standards and Trulieve has contested those findings. We cherish and value all of the 9,000 employees who make Trulieve a family and the safety of our team members is paramount to our core values.” 

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Kansas Lawmakers to Review Medical Cannabis Legalization

10/06/2022

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Kansas lawmakers will meet twice this month to review medical cannabis legislation ahead of next year’s legislative session, KSNT reports. The Special Committee on Medical Marijuana will meet on October 12 and October 19 to go over the bill’s details and to hear testimony from law enforcement, state agencies, local government representatives, and the public. 

Law enforcement, state agencies, and local government representatives will provide testimony on October 12, while the public will provide testimony on October 19, the report says.

State lawmakers failed to pass the reforms last session but state Sen. Rob Olson (R) said he expected medical cannabis would be “in full effect in the next few years.”

The House passed a version of the bill in 2021 but it stalled in the Senate. The chambers had convened a conference committee last May to work on the bill but negotiators were unable to finish the legislation before the Legislature adjourned.

Under the legislation drafted by the committee, medical cannabis would have been available to patients suffering from one of more than 20 qualifying conditions and allowed to obtain a 30-day supply with a purchase limit of three ounces for flower products, which would be capped at 35% THC. Physician recommendations would be valid for 90 days, after which they would have required renewal for another 90 days.

Last month, the Wichita City Council voted 5-4 to decriminalize cannabis in the city, the report says.

Spencer Duncan, deputy mayor of Topeka and City Council member, told KSNT that the capital city may also consider decriminalization reforms but not until 2023. He said city officials were waiting to see how decriminalization played out in Wichita, Kansas.

“It’s okay to use other cities as Guinea Pigs for lack of a better word, and see… did your program work, and where didn’t it work, and then take the things that work from those ideas,” he said.

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High-Precision Check Weigher Receives NTEP Certification

10/05/2022

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Achievement marks the first weighing system certification specific to the cannabis industry

October 4, 2022 – Canapa by Paxiom is proud to announce that its Pre-CheQ Analyzer from WeighPack Systems has been awarded the NTEP Certificate of Conformance from the National Conference on Weights and Measures.

After rigorous, repetitive testing of the Pre-CheQ and its electro-magnetic force restoration (EMFR) weigh cell technology, the NCWM issued this prestigious certificate within their Accuracy Class II, used for laboratory weighing of products ranging from cannabis to precious metals.

Engineered to accurately weigh product to 0.001g, the Pre-CheQ weighs product after the weigh filling stage to ensure weight accuracy just prior to product packaging. If the products falls above or below the target weight, it is sent to an accumulation bin for reuse. This type of precise measurement closer to the final container is preferred over other systems that use less accurate strain gauge load cells to weigh individual weigh buckets prior to product dispensing.

Designed to check weigh products directly above the package prior to filling, the Pre-CheQ Analyzer, and its ultra-precise EMFR weigh cell technology, is perfectly suited to weigh cannabis flower, gummies, capsules and other products with seamless integration into bagging and container filling systems.

This compact, modular check weigher also features stainless-steel frame construction, toolless removable re-accumulation and real-time reporting with data export to both USB and seed-to-sale software.

To receive more information on this industry-leading technology, visit https://www.canapasolutions.com/cannabis-packaging-machine-inquiry/.

About Canapa
Canapa is a global leader in the design, manufacture and integration of automated cannabis packaging machines for the legal cannabis and hemp industries. From weighing, pre-roll filling, jar and pouch filling, bagging and wrapping to conveying, cartoning, case packing and palletizing, Canapa packaging solutions can be tailored to meet specific production, space and budgetary needs.

Contact: David Morgan, Director of Marketing, dwmorgan@canapasolutions.com, 702-450-0808 x625

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Nevada Sees Nearly $1B In Annual Cannabis Sales

10/05/2022

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Nevada cannabis sales reached nearly $1 billion during the fiscal year 2022 — July 1, 2021, to June 30, 2022 — the Nevada Independent reports. The $965 million in taxable sales is a 4% year-over-year decrease, however.

Reasons for the drop in sales may include the expiration of COVID-19 restrictions and other economic factors like inflation, the report says. 

“Over the first part of the year, Nevada’s cannabis industry saw lower retail sales, a trend consistent with other mature cannabis marketplaces nationwide,” Nevada Cannabis Compliance Board spokesperson Tiana Bohner said in an email to the Independent. “While sales increased during the COVID-19 pandemic, cannabis businesses are not immune to the effects of inflation and lack of disposable income as consumers adjust their spending habits and priorities.”

Much of the tax revenue, $147 million in total, will go to K-12 education. The state imposes a 10% excise tax, which totaled $89 million, and a 15% wholesale excise tax, which totaled $63 million, the report says. Two other funds benefit from cannabis sales — $5 million to local governments and the remainder will go to funding state regulatory duties like the compliance board.

Despite the high sales figures, some cannabis businesses and activists have expressed concerns about large fees and the state’s wholesale taxation formulas, the Independent says.

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FDA Hires Former New York & Rhode Island Cannabis Regulator as Senior Policy Advisor

10/05/2022

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The Food and Drug Administration (FDA) last week hired Norman Birenbaum to serve as its first senior policy advisor on cannabis, LA Weekly reports. Birenbaum most recently served as director of cannabis programs for New York State. Prior to that role, he served as Rhode Island’s top cannabis regulator. 

Birenbaum was also one of the founding members of the Cannabis Regulators Association, which was formed to link regulators across states to collaborate on industry policies and best practices.

NORML Political Director Morgan Fox told LA Weekly that given the FDA’s “ineffective approach” to cannabis policy over the years “it is good to see them being more proactive and bringing on people with actual cannabis experience.” 

“The FDA’s work related to cannabis is likely going to increase and become more complicated in the not-too-distant future, and it should be preparing for this now by continuing to bring on additional staff with a wide array of expertise in the space.” — Fox to L.A. Weekly 

Aaron Smith, founder of the National Cannabis Industry Association. Told L.A. Weekly that the organization is “hopeful that Mr. Birenbaum’s background in cannabis regulations will bring to the FDA the experience and understanding of the nuances they will need to effectively regulate the vastly diverse array of cannabinoid products, including CBD products an increasing number of Americans are relying on for pain relief and other benefits.” 

In his FDA role, Birenbaum will be working with the Center for Regulatory Programs to advise on projects involving cannabis research and the regulation of cannabis products. In New York, Birenbaum helped oversee the implementation of rules that allowed CBD and other hemp-derived cannabinoid products to be sold as food, beverage, and dietary supplements. 

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DEA Pharmaceutical Cannabis License Holder Raises $20M

10/05/2022

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Biopharmaceutical Research Company (BRC), which holds an active Drug Enforcement Administration (DEA) pharmaceutical cannabis license, on Tuesday announced the completion of a $20 million Series A fundraising round. 

The round is led by Intrinsic Capital Partners, with participation from Argonautic Ventures, Achari Ventures, AFI Capital Partners, Delta Emerald Ventures, Self Health America (SHAC), and a number of family offices, the company said in a press release. 

George Hodgin, BRC CEO, said the “significant new financial infusion will further accelerate” the company’s “ability to grow as a business while establishing BRC as an industry leader.” 

“Receiving our DEA Schedule I registration in 2021 allowed us to significantly advance our research capabilities, optimize our cannabis growing operation, and produce novel cannabis-derived products in a federally compliant manner.” — Hodgin in a statement 

BRC has partnerships with academic research institutions including Washington State University and the University of California-Davis. 

Howard Goodwin M.D., Intrinsic managing partner, said BRC “has exactly the kind of high-growth potential” the firm “looks for in a company.”  

“They’re a mission-driven company with excellent leadership in a high-growth industry,” he said in a statement, “and we’re thrilled to have engaged with a business that is already in a significantly advantageous position given their unique ability to be fully compliant with the DEA.”   

Hodgin said BRC is grateful to the Intrinsic team and its other partners “for seeing the high-growth potential of our work.”  

“Intrinsic not only provides us with the cash we need to scale aggressively,” he said, “they also bring a wealth of experience in the pharmaceutical space.” 

BRC said the funding will enable it to scale its operations, increase its product offerings, conduct sponsored research, and execute its go-to-market strategy. 

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Morocco Issues First Medical Cannabis Cultivation Permits

10/05/2022

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Morocco has issued its first 10 permits for cannabis production after passing a medical cannabis legalization law last year, Reuters reports. A state agency said farmers who organize into cooperatives in the northern mountain areas of Al Houceima, Taounat, and Chefchaouen will be allowed to cultivate cannabis to meet the needs of the newly legal market. 

The bill approved in February 2021 said that Morocco’s illegal cannabis trade was worth about $15 billion – the majority of which ($14.5 billion) goes to drug traffickers rather than farmers ($500 million).  

Morocco had previously allowed cannabis cultivation in some rural areas under a special status but seven years ago reduced the amount of land where the practice was allowed from 134,000 hectares to 47,000 hectares. 

In 2015, the United Nations Office on Drugs and Crime identified Morocco as the world’s largest producer of hashish, and 235 tons of hash were seized in the country that year alone. The report found 80% of the national hash production is destined for export, leaving 20% for the local market. 

The law is intended to improve the incomes of farmers, who had protested over income inequality in recent years, and protect them from drug traffickers who control the cannabis trade and export it illegally to Europe. 

Production under the law can only focus on cannabis for “medical, pharmaceutical and industrial purposes.” 

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Matt Noestheden: Bringing Mass Spectrometry to the Cannabis Industry

10/05/2022

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Testing labs play an essential role in cannabis regulations and consumer safety. These labs utilize mass spectrometers to measure and record the various compounds within any given cannabis product including its various cannabinoids, terpenes, and even potentially harmful microbials, pesticides, and heavy metals — and the mass spectrometers used by labs must be accurate and reliable.

Matt Noestheden is the Market Development Manager for SCIEX, which researches, designs, and manufactures mass spectrometers for research centers worldwide; with a PhD. in Analytical Chemistry, Matt focuses on cannabis, environmental, and food and beverage research projects. This written Q&A covers how SCIEX works to support its cannabis testing lab clients, the steps of getting oneself set up with a mass spectrometer, his thoughts on the state of cannabis science, and more.

Read the full interview below!

Ganjapreneur: In a nutshell, how does SCIEX help cannabis testing labs?

Matt Noestheden: Over the last six years, SCIEX has helped dozens of cannabis and hemp laboratories bring their testing services online, sometimes before their facility build out is even complete. Using the lessons learned from helping these labs, as well our 50-year strong pedigree in supporting our customers conducting similar contaminant testing for food and environmental samples, SCIEX is able to provide technical guidance and information regarding laboratory set-up and operations that is specific to the cannabis industry and the tests they are required to perform.

In developing your approach to help cannabis analysis facilities, what are some of the similarities and differences you’ve encountered, compared with other product testing niches?

The common thread amongst the food, beverage, environmental and cannabis testing spaces is the critical role that regulations play in not only defining the contaminants that require testing, but also supporting consumer safety through codified, rigorous, science-based testing programs.

However, unlike food and environmental legislation, which is frequently set at the federal level, the regulatory requirements regarding testing cannabis are set at the state level and therefore often differ from state-to-state Further complicating things is the fact that hemp (federally legal) and cannabis (federally illegal) testing legislation may differ in their testing requirements. These differences can be a challenge for testing labs that have reached the point of expansion planning as not only may the regulations be different, but the necessary analytical instrumentation needs may differ as well.

Coming from a hard science background, what has been one of the most surprising aspects of your experience with the cannabis industry?

Notwithstanding the challenges of regulatory variation from state-to-state, the most surprising thing for me has been how much we, as a collective scientific community, don’t yet understand about the fundamental science of cannabis. The comprehensive biological impact of CDB and d9-THC (not to mention other cannabinoids) and definitive investigations into their synergy with terpenes, the potential benefits of cannabis flavonoids and, from a testing perspective, the optimal methods to accurately quantitate contaminants in the myriad of commercially available products containing cannabis are all areas ripe for scientific discovery. And I think it also has been really interesting to watch our understanding of vaping science and its relationship with consumer safety evolve in recent years.

What is “mass spectrometry,” and how is it used in cannabis testing? What types of tests can be conducted with this approach?

A mass spectrometer is an analytical instrument that is capable of detecting a particular compound of interest (or hundreds of compounds, depending on your needs) with a very high degree of specificity and sensitivity. Fundamentally, a mass spectrometer measures the mass of a compound to provide that specificity while simultaneously measuring how much of that mass is present. Owing to these capabilities, mass spectrometry is the gold-standard technique for detecting and quantitating pesticides and mycotoxins. These particular contaminants typically have regulatory requirements measured in parts-per-billion – a concentration that can only be achieved with suitable accuracy, specificity and sensitivity using mass spectrometry.

Does a lab technician need training or a specialized degree to functionally operate a mass spectrometer?

The routine operation of a mass spectrometer does not require a specialized degree, provided there is a thorough inhouse training program for technical staff and a strong QA/QC process before data is released. You can also look at purchasing third party training to build staff expertise, but this may become cost-prohibitive depending on employee turnover. If, however, you move beyond routine operation into method development, troubleshooting and QA/QC functions, advanced schooling (e.g., MSc, PhD) and/or at least 3-5 years of direct experience will increase your chance of successful outcomes in these areas.

Are there different types of mass spectrometers available, and if so, how do they differ?

There are two main types of mass spectrometers that a cannabis testing laboratory may consider. The first, and most common in a regulatory testing environment, is a triple quadrupole mass spectrometer. These systems are heavily used for contaminant testing and have a well-deserved reputation for sensitivity and reproducibility. The second type that a cannabis lab might consider is an accurate mass system. These systems can do the same sort of quantitative work as a triple quadrupole, but they are designed to provide additional specificity by very accurately measuring the mass of a specified molecule(s). Because this mass is measured so accurately, accurate mass systems allow users to answer questions about their samples beyond ‘how much of compound X is in here?’. For example, you could use accurate mass systems to aid in the identification of new cannabinoids, or help confirm the identity of a presumptive pesticide finding that is being disputed.

What are some of the most important considerations for a cannabis testing lab when choosing what kind of testing equipment to use?

Any instrument vendor should be able to clearly discuss your testing needs with you and advise on the right type suite of instrumentation for your business needs. However, while testing equipment is an important capital purchase, staffing needs, sample throughput and operational costs should also be built into your ROI models. Consistently generating high quality, defensible results for customers requires highly qualified staff – not just for mass spectrometers, but for all of your analytical testing operations. So working with companies that provide you with clear guidance on not only what instrument(s) you are likely to need, but also can provide resources on your other likely needs is invaluable when setting up a new testing laboratory.

How does a lab need to prepare for the implementation of a new MS instrument in their space?

Aside from having suitable bench space to accommodate the instrument itself, there are power considerations, gas supply needs, laboratory ventilation and temperature control requirements, chemical supplier details and staffing considerations that need to be factored into a successful implementation of mass spectrometry to your testing portfolio. Recognizing that this can be a lot to work through when building out a new facility, SCIEX has developed an implementation guide specifically for cannabis labs that covers these considerations and others to help as you consider starting a cannabis testing laboratory.

Does SCIEX maintain relationships with clients after setup? What kinds of ongoing support, training, and educational resources do you provide?

Absolutely. Installation of the instrument is only the start our relationships we build with customers. To help in their successful implementation of mass spectrometry, SCIEX offers ongoing technical support for our instruments and software, as well as support specific to an application customers are having challenges with. We also understand that one of the big challenges in the laboratory industry is staff retention. To help cannabis customers build their in-house expertise and keep staff engaged and learning, SCIEX has developed a series of free webinars that discuss mass spectrometry in general and also the specifics of cannabis compliance testing. SCIEX is also working closely with several industry partners to advance the science of cannabis testing and feel very strongly that instrument vendors should support basic scientific research whenever possible.

What topics are covered in the educational webinar series, and what other information is available in the SCIEX library? Can anyone access the library?

Our cannabis resource hub includes a four-part webinar series that covers all aspects of chemical testing (i.e., not microbiology) associated with cannabis compliance testing. This includes potency, terpenes, residual solvents, pesticides, mycotoxins and the techniques used in their analysis (sample preparation, HPLC, GC-MS, LC-MS). Also included in the resource hub are documents that outline tips for analysts to avoid common testing challenges and solutions for specific state pesticide lists. The resource hub is frequently updated with new content, all of which is free to access. Our hope is that the cannabis testing industry can leverage these resources in their staff training and development activities.

What would you say is one of the biggest problems with the current state of regulations around cannabis testing in the markets where it’s legal?

The lack of federal oversight for cannabis compliance testing causes a great deal of frustration for testing laboratories. Not only during the initial phases of setting up your laboratory, but also during growth and expansion phases since you are limited to accepting samples from in-state (for cannabis) and expanding to new states requires understanding a new set of regulations.

What is one piece of advice would you give to someone planning to start a cannabis testing laboratory?

Even if your specific regulations do not require it, implementing a robust quality management system that is consistent with ISO 17025 specifications will go a long ways to ensuring you have the many of the necessary checks and balances to consistently produce high quality, accurate data that your customers can stand behind. And not to be too sneaky here by adding in a second piece of advice, but I would also strongly encourage the recruitment of high quality scientists to run your tests and manage your laboratory, as your reputation will depend on the quality of that data they are able to product.

Thanks, Matt, for answering these questions and sharing your expertise! Readers can visit SCIEX.com to learn more.

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Kentucky Medical Cannabis Advisory Committee Finds 98% Support for Reforms

10/04/2022

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In an online poll conducted by Kentucky Gov. Andy Beshear’s (D) Medical Cannabis Advisory Committee, the overwhelming majority of respondents backed medical cannabis reforms. The committee released its full report last week, which showed 98.4% of Kentuckians backed the reforms with just 1.36% opposed.   

The polling coincided with a series of Town Hall meetings by the committee from July 6 through 25.  

“Polling suggests 90% of Kentucky adults support legalizing medical cannabis. Our team traveled the state to talk directly to Kentuckians, and they found our people do indeed overwhelmingly support it. I appreciate the work of those who participated, and I am taking this information into consideration as I analyze what steps I can take to legalize medical cannabis for those suffering from chronic, debilitating medical conditions.” — Beshear in a press release 

In a statement, Kerry Harvey, co-chair of the committee and secretary of the Justice and Public Safety Cabinet, noted the advisory committee did not hear any opposition at their town hall meetings. 

“Everyone who spoke supported legalizing medical cannabis in Kentucky,” Harvey said in a statement. “We heard from many Kentuckians that use cannabis for its beneficial medical effects but can only do so by breaking the law as it now exists. Many of these Kentuckians must leave the commonwealth to legally obtain medical cannabis in one of the 38 states where it is legal.” 

A military veteran who spoke at the meetings described his daily struggle after being prescribed 13 medications that weren’t effective, which left him contemplating suicide. After turning to cannabis, he said, “Within a year, I didn’t drink and was off 12 of the 13 medications.”  

“I still have all those injuries and disabilities, but I can function. I can live,” he said during his remarks. “I can have friendships and conversations again.” 

The report from the committee includes stories from attendees, ranging from parents with chronically ill children who have been helped with cannabis, to physicians who back the reforms. 

Dr. John Farmer, an advisory committee member, OB/GYN, and addiction treatment provider who also serves as medical director of Solid Ground Counseling and Recovery, noted that he has “no knowledge of any reported overdoses from cannabis.”

“It is not possible to die from consuming too much cannabis. By legalizing medical cannabis, physicians would be allowed to prescribe THC products instead of opioids,” he said. “This not only gives doctors more options for treating patients but also helps stop addiction before it starts.” 

During the last legislative session, Beshear backed the passage of medical cannabis reforms but they were blocked by Republicans in the state Senate. In response, Beshear formed the committees and said he planned to look for options to legalize medical cannabis in the state via executive action.  

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Amsterdam Council Expected to Vote Against Banning Tourists from Coffee Shops

10/04/2022

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The Amsterdam, Netherlands city council is expected to vote against a proposal to ban tourists and other visitors from consuming cannabis in coffee shops, WION reports. The official vote is Wednesday but coffee shop owners and representatives, and researchers vocalized their opposition during a debate last week.  

The plan was first announced in 2020 by Mayor Femke Halsema but Amsterdam had secured a legal exception. Halsema – along with the police chief and public prosecutor – wants to slow the growth of the gray-market ‘soft drugs’ industry, address acute annoyances expressed by residents, and combat criminality, the report says.

There are more than 100 coffee shops that serve tourists. 

During the debate last week, Fatihya Abdi, Labour PvdA politician, said she would oppose the plan because officials could not offer “adequate guarantees” that action would be taken to prevent street dealing. 

Denk party leader and councilor Sheher Khan said there was little evidence to support the idea that soft drugs helped the hard drug trade and that as long as there is demand for cannabis, there would be street dealing, which could lead to more criminality than the sales that occurred in the coffee shops.  

A report published in April for the Bond van Cannabis Detaillisten business group found just under half of the tourists came for cannabis, and 24% would still come, even if they were prohibited from accessing cannabis. 

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Iowa Democrats Add Cannabis Legalization to Election Agenda

10/04/2022

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Iowa Democrats have included adult-use cannabis legalization on their election agenda as part of the party’s “people over politics” electoral plan, Iowa Capital Dispatch reports. The plan also includes lowering the cost of living, protecting abortion access, and investing in public schools.   

Democratic gubernatorial nominee Deidre DeJear also included cannabis reforms in her campaign platform, saying that adult-use sales in the state could generate as much as $50 million annually in new state revenues.  

“Regulating legal use of cannabis for people 21 years of age and older provides the opportunity for our state to ensure the product on the market is as safe and reliable as possible. Regulation will also help to realign our criminal justice system which will free up law enforcement resources for more pressing challenges affecting our communities such as gun violence and protecting our children. We will work to remedy the harm, both past, and present, caused by the criminalization of cannabis which has disproportionately impacted marginalized groups like people of color and low-socioeconomic groups. As we work towards these goals, we will ensure that people of color and small businesses have a strong stake in the inevitable economic windfalls of legalization.” — DeJear’s campaign website 

A March 2021 Des Moines Register/Mediacom Iowa poll found that 54% of adults in the state-supported adult-use cannabis legalization, with 39% opposed and 6% unsure. Democrats in the Legislature have pushed for the reforms but could not get the support of either their Republican counterparts or Republican Gov. Kim Reynolds.

Reynolds’ anti-legalization position was the focus of a recent ad by libertarian candidate for governor Rick Stewart. 

According to FiveThirtyEight polling data, Reynolds maintains a commanding lead over her Democratic challenger, leading by as much as 17 points. 

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Georgia Judge Halts Medical Cannabis Production By Recent Licensees

10/04/2022

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A judge in Georgia ruled two companies that were recently awarded licenses to produce low-THC medical cannabis in Georgia must halt their production processes, 11Alive reports. The decision comes after attorneys said the process used to award the licenses was flawed, the report says.  

Atlanta attorney Jake Evans said the state “cannot go out and execute on those licenses” until courts look at “issues about the way that process went forward to determine whether it was properly done.” 

The state had received 70 applications to produce medical cannabis and late last month, two applicants, Trulieve Georgia Inc. and Biological Sciences, were awarded licenses. That licensing decision came seven years after Georgia had decriminalized low-THC medical cannabis oils but failed to provide a legal path for producing, distributing, or otherwise accessing the medicine. In 2019, state lawmakers created a medical cannabis licensing structure but after awarding six licenses, complaints calling the system unfair and arbitrary stalled the program from moving forward.

This session, the Legislature ultimately failed to regulate cannabis products, the report notes, and Gov. Brian Kemp (R) set aside $150,000 from the state’s emergency fund to help move the process forward.

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Adult-Use Cannabis Sales Begin in Vermont

10/03/2022

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Adult-use cannabis sales in Vermont launched over the weekend with three shops opening to the public. Mountain Girl Cannabis in Rutland, FLŌRA Cannabis in Middlebury, and Ceres in Burlington all started retail sales on Saturday, the first day sales were allowed.  

Russ Todia, chief operating officer at Ceres told MyNBC5 on Friday that the rollout of adult-use sales in the state was a “real monumental for the state” and for his company. 

In all, at least 70 Vermont municipalities have opted in to allow retail cannabis sales. Other adult-use license hopefuls throughout the state are expected to get licensed in the coming weeks and months.  

The reforms were approved by state lawmakers in October 2020 after Gov. Phil Scott (R) allowed the legislation to become law without his signature. Cannabis had already been legal for medical and personal use in the state. 

Earlier this year, Rhode Island lawmakers approved a bill to legalize adult-use cannabis sales, making New Hampshire the only New England state to not have approved adult-use cannabis reforms.  

In an October 2021 report, the Vermont Cannabis Control Board estimates that spending on adult-use cannabis in the Green Mountain State could reach $225 million annually by 2025, equating to nearly $46 million in new state taxes. Vermont imposes a 14% excise tax on adult-use cannabis products sold to the public but does not impose a tax on the sale from cultivator to retail. Municipalities can also impose a 6% tax on sales that occur within their jurisdiction. 

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OSHA: Worker Death at Trulieve Holyoke, Massachusetts Facility Caused By Inhaling ‘Ground Cannabis Dust’

10/03/2022

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The federal Occupational Safety and Health Administration (OSHA) says a worker at a Trulieve Holdings LLC facility in Holyoke, Massachusetts, Lorna McMurrey, died from inhaling “ground cannabis dust,” commonly referred to as kief. 

McMurrey was 27 years old. 

“Filling pre-rolls She (sic) said she couldn’t breathe. Not being able to breathe Marijuana kief (dust) At 11:00 p.m. on January 7, 2022, an employee was grinding cannabis flowers, and packaging ground cannabis in pre-rolls. The employee could not breathe and was killed, due to the hazards of ground cannabis dust.” — OSHA in a report 

The facility is a non-union shop. Few other details are included in the report. In June, OSHA issued Trulieve three fines totaling $35,219 for alleged violations related to the death. Trulieve has contested those violations, according to OSHA records. The penalties are categorized as “serious” by the agency. 

McMurrey’s death was first reported by The Young Jurks podcast.  

Her obituary notes that she had “recently started working at Trulieve’s Grow Facility in Holyoke” but does not offer any further details.    

There is no exposure limit in place per OSHA for exposure to “ground cannabis dust.” 

Holyoke Mayor Joshua Garcia told The Shoestring that it was the first time he had heard about the death at Trulieve’s facility. He said he was “very shocked” to hear the news but provided no further comment. 

Holyoke has become a destination for cannabis companies as the city’s municipal dam and canal system can provide low electric rates. 

Trulieve has been cited at least twice before by OSHA for workplace accidents. In 2019, the agency cited the company for violating respiratory protection and hazard communication regulations at its grow facility in Quincy, Florida. In March, the company settled an OSHA case in Reading, Pennsylvania, where it was cited for violating a regulation requiring companies to report an employee’s in-patient hospitalization, amputation, or loss of an eye. 

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