The Department of Defense (DOD) says that marijuana’s active ingredient delta-9 THC is the most common substance that appears on positive drug tests for active duty military service members. The second most common is delta-8 THC, which is found in a growing number of hemp-derived products that are being made available, including in states where marijuana itself remains illegal.

In a letter responding to a 2022 inquiry from Sen. Ed Markey (D-MA) and several colleagues, DOD explained last month what it’s doing to combat drug overdoses, promote harm reduction programs and destigmatize treatment, with a focus on address opioid misuse.

It also answered the senator’s question about the percentage of different types of substances that show up on randomized drug screenings for service members. As could be expected from general population use rates, cannabis is by far the most common reason for a positive drug test.

DOD said that in Fiscal Year 2021, delta-9 THC, the most well-known intoxicating cannabinoid, “was the most prevalent drug for active duty Service members, accounting for 73.4 percent of all unique drug positive active duty Service members” who underwent urinalysis.

That’s followed by delta-8 THC, which occurs naturally in trace amounts of the cannabis plant but is synthetically manufactured in these cases, DOD said. Delta-8 THC showed up in 42.7 percent of drug tests for service members.

“Most of the delta-8-THC positives also contain delta-9-THC,” DOD said in a footnote to the letter. “This is due to delta-9-THC contamination during the production process of delta-8-THC products.”

Cocaine was detected in 14.4 percent of drug tests, while fentanyl and its primary metabolite norfentanyl was identified in 2.5 percent of the screenings combined.

That disparity is partly explained by the fact that marijuana is the most commonly used federally illicit substance, and increasingly available in regulated markets as states enacted legalization, but it’s also the case that the inactive metabolite for THC can stay in a person’s system for weeks or months after use. In contrast, drugs like cocaine leave a person’s system within days.

In its response letter to Markey, DOD also described steps it has taken to promote education about the risks of substance misuse and the penalties for testing positive. The department said it has been working to implement harm reduction policies to support service members who are seeking treatment, and it touted campaigns on reducing stigma around addiction.

“The Department of Defense’s latest report underscores the urgency of this moment and our need to ensure access to quality care and treatment without stigma or shame,” Markey said in a press release last week. “I am thankful the Department has provided this critical data and has demonstrated a serious commitment to taking steps to prevent overdoses that will save lives.”

DOD has paid particularly close attention to cannabis policy amid the state-level legalization movement.

Last year, DOD put out a notice expressing concern that even using CBD-infused products like hand sanitizer or hemp granola could inadvertently compromise “military readiness,” and so they’re off limits.

One of the first attempts by the U.S. military to communicate its cannabis ban came in the form of a fake press conference in 2019, where officials took scripted questions that touched on hypotheticals like the eating cannabis-infused burritos and washing cats with CBD shampoos. That was staged around the time that DOD codified its rules around the non-intoxicating cannabinoid.

With respect to THC, some branches have adopted more lenient policies for would-be service members.

For example, the Air Force recently said that it is granting far more marijuana waivers to recruits than it expected after launching a pilot program that’s meant to give more flexibility to candidates.

The program launched last year, authorizing the branch to grant waivers to recruits who test positive for THC metabolites during their initial drug screening and giving them 90 days before they’re retested. Previously, Air Force candidates who tested positive would be automatically barred from joining.

The Navy, for its part, issued an initial notice in 2018 informing ranks that they’re barred from using CBD and hemp products no matter their legality. Then in 2020 it released an update explaining why it enacted the rule change.

The Naval War College has gone so far as to warn Sailors and Marines about new hemp products on the market, issuing a notice earlier last year that says members can drink a new Pepsi-owned Rockstar energy drink that contains hemp seed oil.

However, that military branch does permit waivers for recruits who test positive for THC if there are no other outstanding issues with the candidate. The Marine Corps also permits temporary waivers for THC-positive applicants.

The Coast Guard said that sailors can’t use marijuana or visit state-legal dispensaries.

A factor that may have influenced these policy updates is that the Substance Abuse and Mental Health Services Administration released guidance to federal agency drug program coordinators in 2019 that outlined concerns about THC turning up in CBD products and causing failed drug tests. The agency issued an updated warning in 2020 after several more states voted to legalize marijuana.

A government-funded report from the RAND Corporation that was released in 2021 looked into U.S. Army recruits and concluded that past cannabis use has relatively little impact on overall performance.

An Army spokesperson told Military Times that the army provides THC-positive recruits with a 90-day waiver before they can try to join the service again. A second positive test would render the recruit permanently disqualified.

Meanwhile, a joint explanatory statement attached to a large-scale congressional defense bill that was enacted late last year does contains a directive for the military to examine the potential of “plant-based therapies” like cannabis and certain psychedelics for service members.

A U.S. Senate committee approved a bipartisan bill last month to promote marijuana research for military veterans—becoming the first piece of standalone cannabis legislation ever to advance through a committee in the chamber.

Outside of the military, tens of thousands of commercial truckers tested positive for marijuana as part of federally mandated screenings, recent data from the Department of Transportation (DOT) shows. And a significant portion of those truckers have declined to return to work, contributing to a labor shortage.

A top Wells Fargo analyst said last year that there’s one main reason for rising costs and worker shortages in the transportation sector: federal marijuana criminalization and resulting drug testing mandates that persist even as more states enact legalization.

Last year, a coalition of more than two dozen congressional Democrats filed bill on promoting workplace investment to combat climate change, and they want to boost the workforce nationwide by protecting people in legal marijuana states from being penalized due to federal drug testing policies.

The nation’s largest union representing federal employees adopted a resolution last year in support of marijuana legalization and calling for an end to policies that penalize federal workers who use cannabis responsibly while they’re off the clock in states where it is legal.

Read DOD’s response letter on military drug testing policy and more below: 

Advocates And Experts Join Fight Against DEA In Federal Psilocybin Rescheduling Case

Photo courtesy of Martin Alonso.

The post Marijuana Is ‘Most Prevalent Drug’ In Military Drug Tests, Department Of Defense Tells Senators, With Delta-8 THC Second appeared first on Marijuana Moment.

NH legalization back to floor; Fed marijuana cases declining; Congress advances Schedule I research bill; ND medical cannabis hospice bill signed

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/ TOP THINGS TO KNOW

A new report from the U.S. Sentencing Commission shows that federal marijuana cases are continuing to decline as more state-legal cannabis markets come online and provide consumers with access to regulated products.

The House Energy & Commerce Committee approved a bill to ramp up criminalization of fentanyl-related substances while also removing some barriers to research on Schedule I drugs like marijuana and certain psychedelics.

The Maryland Senate Finance Committee amended and approved a bill to regulate marijuana sales following voters’ approval of a legalization referendum. A floor vote is expected this week, and the House has already passed its version.

The New Hampshire House Ways & Means Committee amended and approved a marijuana legalization bill that was previously passed on the House floor. It now heads back to the full body for one more vote before potentially advancing to the Senate.

North Dakota Gov. Doug Burgum (R) signed a bill into law allowing people receiving hospice care to self-certify as medical cannabis patients in order to expedite their access to relief.

The chair of the Idaho House Health and Welfare Committee introduced a new bill to legalize medical cannabis.

/ FEDERAL

The National Institute on Drug Abuse awarded a cannabis production contact to the University of Mississippi.

The Agency for Healthcare Research and Quality updated a living systematic review on cannabis and other plant-based treatments for pain.

Sen. Charles Grassley (R-IA) criticized a Drug Enforcement Administration report on the agency’s foreign operations for being “stunningly vague in its actual evaluation of known problems at the DEA and remedies to fix them.”

Rep. Tom Tiffany (R-WI) is calling out the Bureau of Alcohol, Tobacco, Firearms and Explosives for not prosecuting Hunter Biden for allegedly lying about illegal drug use on a gun purchase form.

/ STATES

New York Gov. Kathy Hochul (D) announced the opening of the state’s first woman-owned recreational marijuana dispensary opening in Queens on Thursday.

South Dakota lawmakers sustained Gov. Kristi Noem’s (R) veto of a bill that would have allowed in-process hemp to contain up to 5 percent THC.

The Georgia Senate amended and approved a House-passed bill to amend medical cannabis rules.

The Missouri House of Representatives voted to eliminate the state’s sentencing disparity between crack and power cocaine.

The Wyoming House minority caucus whip tweeted, “Illegally produced fentanyl that is the cause for so many deadly overdoses is a direct consequence of our punitive war on drugs that has failed miserably. The cartel exists only because of our delusional policies banning some drugs rather than regulating and taxing them.”

An Alabama senator filed a bill to regulate delta-8 THC products.

Arkansas lawmakers are considering extending a special tax on medical cannabis.

The California Agricultural Labor Relations Board proposed rules on cannabis labor peace agreements.

Illinois regulators adopted changes to medical cannabis rules.

Massachusetts regulators are being pressed to explain agents’ behavior during an inspection at a marijuana business.

The Bad River Ojibwe Tribe, located within Wisconsin, is hiring a cannabis consultant to help prepare for potential legalization.

Ohio regulators posted updated medical cannabis patient and caregiver numbers.

Washington State regulators published a newsletter about cannabis issues.

Colorado regulators will host a workgroup meeting on revised marijuana tax rules on Tuesday.

Vermont regulators will host an event on navigating local cannabis licensing on Thursday.

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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/ LOCAL

A Montgomery, Alabama City Council member is preparing a marijuana decriminalization proposal.

/ INTERNATIONAL

Canadian regulators are accepting public comment about potential changes to cannabis rules.

The head of the Mexican Senate Second Legislative Studies Commission hosted an event about the role of women in cannabis regulation.

A Maldives lawmaker is calling for the legalization of medical cannabis.

The European Medicines Agency posted a video of an official discussing the therapeutic potential of psychedelics.

/ SCIENCE & HEALTH

A review concluded that “clinical data suggest that CBD is well tolerated and associated with few serious [adverse events] at therapeutic doses both in children and adults.”

A case series suggested that “CBD may help manage patients with [Lennox-Gastaut Syndrome] regarding seizure control and improve other aspects of the clinical spectrum of the disease, such as postural tone and stability.”

/ ADVOCACY, OPINION & ANALYSIS

The New York Daily News editorial board is calling on state lawmakers to legalize safe consumption sites for illegal drugs.

/ BUSINESS

Acreage Holdings, Inc. obtained a final order from the Supreme Court of British Columbia approving its arrangement with Canopy Growth Corporation and Canopy USA, LLC.

Verano Holdings Corp. converted all its outstanding Class B proportionate voting shares into Class A subordinate voting shares, resulting in one class of outstanding shares.

Ben Cohen of Ben & Jerry’s launched a new nonprofit cannabis brand called Ben’s Best Blnz.

The owner of Toys R Us is suing Zaza R Us for alleged trademark infringement.

/ CULTURE

Snoop Dogg said he moderated his cannabis consumption after becoming a grandfather.

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The post MD legal cannabis sales bill advances (Newsletter: March 28, 2023) appeared first on Marijuana Moment.

A Maryland Senate committee has amended and approved a marijuana sales bill to get the state ready for the implementation of a voter-approved legalization referendum, sending it to the floor—where a vote is expected this week.

At a meeting of the Senate Finance Committee, members passed the legislation from Sens. Brian Feldman (D) and Antonio Hayes (D) in a 7-2 vote.

Senate President Bill Ferguson (D) said last week that there were a number of issues that lawmakers needed to address before advancing the measure, including input from existing hemp businesses who’ve expressed concern about possible ramifications of the measure as introduced.

The top senator said that “a lot of legislators are struggling with it right now,” describing it as a “tough issue” that will be addressed as the bill moves.

The House of Delegates already approved its companion version this month. The bills were identical when introduced, but the House and Senate bills have now been amended in different ways.

The Senate panel adopted a large-scale amendment that largely aligns the legislation with the House version. That includes approving numerous technical revisions, setting the sales tax on cannabis at a consist nine percent rate, changing polices on the structure of the advisory commission and amending definitions related to delta-8 THC that could impact the state’s existing hemp industry. The definition of a social equity applicant was also changed to mirror the House legislation.

Members adopted additional revisions that differ from the House bill, for example to require a process for verifying ID for cannabis consumers at retailers and prohibiting on-site consumption of combustable cannabis products.

The committee defeated several GOP-led revisions that deal with issues related to labor peace agreements, requiring cannabis processors to be awarded microgrower licenses and giving existing hemp businesses more time to either close shop or apply for a marijuana business license.

“We have a date by which we’re supposed to stand up this program,” Sen. Melony Griffith (D), the chair of the Finance Committee, said at the meeting, referring to the July 1 start date for legalization.

“There has been a lot of work from each of the members on this committee and many of our colleagues in the Senate,” she said. “Many stakeholders have provided input. Some have been working in partnership with our colleagues in the House. Our staff has put in a lot of time and a lot of hours hearing from each of us about little modifications—some little, some big—that we would like to see to this bill.”

Prior to the House vote on its version of the regulations bill this month, the Senate president said that he expects that bicameral lawmakers will work to “resolve” differences between the two versions, “potentially” in a conference committee, “sooner than later.”

“We want to get this moving. There’s a lot of pieces to this,” he said. “And I think, you know, there’s no such thing as perfect in legislation. It’s doing the best you can to mitigate any of the potential unintended consequences that we can imagine today.”

Here’s what the SB 516 as amended would accomplish: 

Cannabis would be taxed at nine percent. Medical marijuana patients would be exempt from the tax.

Thirty percent of marijuana tax revenue would go toward a community reinvestment fund for at least the next 10 years. The bill further calls for 1.5 percent of revenue to go to localities, 1.5 percent to counties and 1.5 percent each for a Cannabis Public Health Fund and the Cannabis Business Assistance Fund.

The Marijuana Alcohol and Tobacco Commission would be renamed as the Maryland Alcohol, Tobacco and Cannabis Commission, which would be responsible for regulating the program. Under the commission, there would be a Division of Cannabis Regulation and Enforcement that would be tasked with reviewing and issuing marijuana business licenses.

Existing medical cannabis dispensaries would be converted into dual licensees at the same time that legalization takes effect on July 1 if they’ve paid a fee. Regulators would need to start approving additional marijuana business licenses by July 1, 2024.

Social equity applicants would need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.

A Capital Access Program would be created under the state Department of Commerce to promote industry opportunities for social equity applicants and provide low-interest loans.

The bill stipulates that $5 million would be appropriated annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants that involves mentorship, training and/or shared business space.

Localities could not impose additional taxes, nor could they prohibit existing medical cannabis businesses that convert to dual licenses from operating in their area.

Medical cannabis patients would be able to grow up to four plants for personal use, rather than two under the current law. They would not have to pay taxes on medical marijuana products.

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

The House version was amended in several ways before being approved on the floor. For example, it was revised to allocate 1.5 percent of cannabis tax revenue to counties and a requirement was removed stipulating that the head of the regulatory commission needed to be a member of law enforcement.

Also, the House panel adopted an amendment that eliminates a 200 license cap for delivery services, with members determining that the category would be covered under the separate micro-dispensary licenses.

Members also revised the legislation’s definition of a social equity applicant, clarifying that a disproportionately impacted area is one that has experienced more than 150 percent the state’s average cannabis possession charge rate over the past 10 years. Also, social equity applicant eligibility was changed to include those who attended for at least two years either an HBCU or one of certain other institutions of higher learning in the state.

The measure was further amended to prohibit localities from imposing licensing, operating or other fees or requirements that are greater or more burdensome than businesses “with a similar impact on the area.”

The House bill was also revised to include language allowing both adults and medical patients to purchase plants and other cultivation supplies through the licensed market.

Finally, the chamber’s version now says that existing medical marijuana businesses have the option to either convert to a dual-market retailer, selling products to both adults and medical patients, or sell their license to another operator.

Because the bills are considered emergency legislation that would take effect immediately, they must be approved with three-fifths of the vote in both chambers to be enacted. The legalization of possession of up to 1.5 ounces of cannabis takes effect on July 1, putting pressure on lawmakers to get regulations in place for commerce.

A spokesperson for Gov. Wes Moore (D) told The Baltimore Banner that the governor considers the proposal “a well-crafted piece of legislation and is looking forward to future collaboration with the legislature.”

The bill is partly a product of extensive work from bipartisan and bicameral lawmakers who were part of House Cannabis Referendum and Legalization Workgroup, which was formed in 2021 by Speaker Adrienne Jones (D).

Members have held numerous meetings to inform future regulations following Maryland voters’ approval of a legalization referendum during last year’s election, which triggered the implementation of complementary legislation covering rules for basic policies like possession and low-level home cultivation.

In addition to legalizing the purchase and possession of up to 1.5 ounces of cannabis for adults starting this summer, the legislation will also remove criminal penalties for possession of up to 2.5 ounces. Adults 21 and older will be allowed to grow up to two plants for personal use and gift cannabis without remuneration.

Federal Marijuana Trafficking Cases Declined Again In 2022 Amid Legalization Movement, Federal Report Shows

Photo courtesy of Martin Alonso.

The post Maryland Senators Approve Marijuana Sales Bill As State Prepares For Legalization This Summer appeared first on Marijuana Moment.

A bill to legalize marijuana in New Hampshire is going back to the House floor after a second committee passed the legislation with amendments on Monday.

The proposal, which is being sponsored by Majority Leader Jason Osborne (R) and Minority Leader Matthew Wilhelm (D), cleared the House Ways & Means Committee in a 16-4 vote.

The full chamber already approved the legislation last month, but it needed to be sent back to the finance-focused committee because of its fiscal provisions. It must pass the House again before potentially being sent to the Senate for consideration.

Previously, members of the House Commerce and Consumer Affairs Committee had spent weeks working the proposal over a series of meetings, going back and forth about a variety of provisions and making amendments to the original measure.

Now, the Ways & Means Committee has approved a number of additional changes during Monday’s executive session as part of an all-encompassing amendment. That was adopted in a 16-4 vote.

While the bill previously set a 15 percent tax on marijuana flower at the wholesale level, the panel changed that to a 12.5 percent tax on the price of products in their final form at the wholesale level.

The committee also made changes to how cannabis revenue would be allocated.

After the costs of legalization implementation are covered, $100,000 would fund data collection and reporting on health impacts of cannabis prohibition and cannabis regulation. Of remaining funds after that, 50 percent would be disbursed to cities and towns to offset the education tax, 30 percent would be credited to the New Hampshire retirement system to offset its unfunded accrued liability, 10 percent or $25 million (whichever is less) would fund substance use programs, 5 percent would be used to hire and train drug recognition experts and 5 percent would support children’s behavioral health services.

Members additionally adopted a change to remove large prescribed fees for medical businesses that want to enter the recreational market, instead leaving it up to regulators to determine those fees.

A prior change made to the legislation from its introduced form, adopted by the Commerce and Consumer Affairs Committee prior to its first stop on the floor, would put the state’s existing Liquor Commission in charge of regulating the marijuana market, rather than create a new independent commission to do so, as was proposed in the original version of HB 639. The body would also be renamed the Liquor and Cannabis Commission.

Advocates are disappointed that provisions allowing home grow and to annul prior cannabis convictions have been removed from the bill as filed, but it was viewed as a necessary compromise for the legislation to have a chance of being enacted this session.

Here’s what HB 639 as amended would accomplish:

Adults 21 and older would be able to purchase, possess and gift up to four ounces of cannabis.

The newly renamed Liquor and Cannabis Commission would be responsible for regulating the marijuana market and issuing business licenses.

There would not be any statewide cap on the number of marijuana businesses that could be licensed.

Within 18 months of enactment, the state Department of Health and Human Services (DHHS) and commission would need to develop regulations allowing existing medical cannabis dispensaries to apply for dual licenses to start serving adult consumers.

Cannabis would be taxed in the amount of 12.5 percent of of products’ value in their final form at the wholesale level.

After the costs of legalization implementation are covered, $100,000 of revenue would fund data collection and reporting on health impacts of cannabis prohibition and cannabis regulation. Of remaining funds after that, 50 percent would be disbursed to cities and towns to offset the education tax, 30 percent would be credited to the New Hampshire retirement system to offset its unfunded accrued liability, 10 percent or $25 million (whichever is less) would fund substance use programs, 5 percent would be used to hire and train drug recognition experts and 5 percent would support children’s behavioral health services.

Localities could limit or ban marijuana businesses from operating in their area.

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

Last week, the New Hampshire House approved a bill to allow medical marijuana patients to grow their own plants for personal use.

The floor vote on home grow came about a week after the House approved a second cannabis legalization bill for the session, one that contains virtually no regulations or limitations on cannabis.

While there’s optimism about the prospects of legalization finally moving in the Granite State this year, advocates still have work cut out for them.

Republicans held on to the both the House and Senate after last year’s election, and the latter chamber is where marijuana reform has faced its toughest obstacles in past sessions even as the House has repeatedly approved legalization bills.

The Senate rejected two House-passed reform bills last year, including one that would have created a non-commercial cannabis program and another providing for commerce under a state-run model.

In the Senate, there were some shifts that favor reform, however. For example, a Democratic senator who opposed legalization efforts was replaced by a Republican who voted in favor of ending prohibition during his time as a House member.

Gov. Chris Sununu (R), who was reelected last year, remains opposed to legalization—but his more recent comments on the issue seem to show a softening of his position. He said during a debate last year that reform “could be inevitable,” but he added that states need to “be patient about how you do it.”

After the Senate rejected two reform bills last year, the House included legalization language as an amendment to separate criminal justice-related legislation—but that was also struck down in the opposite chamber.

Federal Marijuana Trafficking Cases Declined Again In 2022 Amid Legalization Movement, Federal Report Shows

Photo courtesy of Mike Latimer.

The post New Hampshire Lawmakers Send Marijuana Legalization Bill To House Floor A Second Time, With New Amendments appeared first on Marijuana Moment.

A congressional committee has approved a bill that aims to ramp up criminalization for fentanyl-related substances, while also streamlining research into Schedule I drugs like marijuana and certain psychedelics.

The legislation, sponsored by Rep. Morgan Griffith (R-VA), passed the House Energy & Commerce Committee with amendments on Thursday.

An amendment in the nature of a substitute was adopted by the panel, striking original provisions of the bill and replacing them with updated language that lays out penalties for fentanyl-related offenses and revised requirements for researchers interested in studying any Schedule I drug under the Controlled Substances Act (CSA).

Advocates who oppose the war on drugs are generally opposed to the legislation given that its main thrust is permanently placing fentanyl and its analogues in the most strict schedule and enhancing penalties for activity related to the opioid substances.

BREAKING The House Energy & Commerce Committee passed the HALT Act out of committee, ramping up mandatory minimums for fentanyl-related substances. But to save lives, Congress must center a public health approach, not more criminalization. https://t.co/r9sQeAWYcM pic.twitter.com/JGAJYqXnyy

— Drug Policy Alliance (@DrugPolicyOrg) March 24, 2023

However, other provisions of the bill that aim to expedite registrations for studies into Schedule I drugs and allow for limited manufacturing by researchers could address some concerns surrounding how the strict classification of marijuana, psychedelics and other substances has impeded science.

Congress should instead pass legislation like the STOP Fentanyl Act, which proposes increased access to harm reduction services and substance use disorder treatment, and the TEST Act, which provides funding for FRS research and better strategies to address the opioid epidemic.

— Due Process Institute (@iDueProcess) March 23, 2023

“Scheduling fentanyl-related substances should not be a political issue,” Rep. Bob Latta (R-OH) said at the committee markup last week. “Protecting and ensuring the safety of our communities is the reason we are all here in Congress, and working to eradicate the scourge of fentanyl in order to save lives should be one of our top priorities.”

He acknowledged concerns about the potential consequences of the legislation on research objectives, saying that it “specifically includes a carve-out that enables researchers to continue studying Schedule I substances for the purposes of identifying potential medical benefits.”

Some of the research provisions of the bill are similar to those contained in a marijuana-focused measure that President Joe Biden signed into law last year, giving the U.S. attorney general 60 days to either approve a given application or request supplemental information from a prospective research applicant. It also creates a more efficient pathway for researchers who request larger quantities of cannabis.

Under Griffith’s bill that’s now advancing in the House, a research applicant who is actively registered with the Drug Enforcement Administration (DEA) to study Schedule I and II drugs would need to have their request assessed within 30 days of sending a notice to the Justice Department.

A non-registered applicant would have to have their submission considered within 45 days of sending the notice.

The measure also states that research that’s being conducted or funded by federal agencies like the U.S. Department of Health and Human Services (HHS) would qualify for expedited processing.

Further, the amended bill says that duplicative registrations would no longer be required for all researchers involved in an approved study of a Schedule I substance if they’re all part of the same research institution.

The legislation goes on to say that “a person who is registered to perform research on a controlled substance may perform manufacturing activities with small quantities of that substance…without being required to obtain a manufacturing registration, if such activities are performed for the purpose of the research and if the activities and the quantities of the substance involved in those activities.”

When it comes to the main fentanyl crackdown thrust of the legislation, reform advocates are opposed

“We all want to turn the tide on the overdose crisis, which has already claimed the lives of hundreds of thousands of our friends, family members and neighbors,” Maritza Perez Medina, director of the Office of Federal Affairs at the Drug Policy Alliance, said in a press release. “But increasing drug war criminalization is a disproven, failed strategy.”

“By voting in favor of a version of the HALT Fentanyl Act that doubles down on mandatory minimums, proponents of permanent class-wide scheduling are showing their true colors,” she said. “The goal is not to address the overdose crisis and keep people alive. The goal is to grandstand using tough-on-crime rhetoric of the past to control communities and provide a false sense of safety. This approach is not only counterproductive to addressing the issue of overdose, but it will continue to disproportionately impact Black, Latinx and Indigenous communities because of targeted enforcement and oversurveillance.”

The Halt All Lethal Trafficking of (HALT) Fentanyl Act was introduced last Congress as well, but it did not advance at the committee level.

The National Institutes of Health (NIH) posted a request for information (RFI) last year, seeking input on barriers to cannabis research specifically to help “strengthen the scientific evidence” of the plant’s therapeutic potential.

Meanwhile, federal agencies included HHS and DEA are working to complete an administrative review into marijuana scheduling that Biden directed late last year.

HHS and the Food and Drug Administration (FDA) have stressed that while its scientific assessment is binding, DEA makes the final call as far as possible scheduling decisions are concerned.

HHS Secretary Xavier Becerra said last week that he’s aware that there’s significant public interest in the timeline for the administrative review of marijuana scheduling—but there are “a few hoops we need to jump through” before completing that assessment.

HHS Secretary Xavier Becerra took to Twitter on Wednesday to share a media clip of his interview about cannabis with KDKA-TV that aired earlier in the week, assuring followers, “I see the comments and I know a lot of you are asking about the status of marijuana.”

“I hear you, and just know that we are trying to work quickly but still have a few hoops we need to jump through,” he said. “As always, the science will guide this decision.”

Asked in the interview whether HHS would make its decision by April 20, Becerra laughed and said simply, “I know we’re going to try to move quickly.”

“It’s got to go through a number of hoops and, again, safety and efficacy are what will drive this determination, so stay tuned,” the secretary, who has been known to play into the symbolism of 420 on Twitter, said.

Federal Marijuana Trafficking Cases Declined Again In 2022 Amid Legalization Movement, Federal Report Shows

The post Congressional Panel Approves Bill To Streamline Marijuana And Psychedelics Research While Ramping Up Fentanyl Criminalization appeared first on Marijuana Moment.

Federal marijuana trafficking cases continued to decline in 2022, according to the latest annual report from the U.S. Sentencing Commission (USSC).

As more states have moved to legalize cannabis and federal priorities have shifted, prosecutions for marijuana-related cases have significantly declined over the years. The number of federal cannabis trafficking offenders has fallen from about 5,000 in 2013 to just under 806 last year, USSC found.

Meanwhile, trafficking cases involving powder cocaine, fentanyl and methamphetamine increased from 2021 to 2022.

Via USSC.

The report also shows that marijuana cases carry the lowest sentences among the six drug types that USCC tracks, with the average sentence in a cannabis trafficking case being 33 months, compared to 94 months for methamphetamine and 65 months for fentanyl, for example.

The commission has separately proposed amending its guidelines for federal judges to treat prior marijuana possession offenses more leniently in sentencing decisions. Earlier this month, the Justice Department testified in support of the change at a USSC public hearing.

Legalization advocates have long argued that providing access to regulated marijuana markets for adults would drive down demand for illicit products, translating into fewer arrests.

The new USSC report is the latest to support that idea by showing the gradual decline in federal cannabis trafficking cases as more states have enacted legalization.

Meanwhile, federal data from Customs and Border Protection (CBP) that was released in January shows that cannabis seizures fell to a record low in Fiscal Year 2022, continuing an enforcement trend that advocates attribute to the state-level legalization movement.

A report from the Government Accountability Office (GAO) that was released last year also paints a clearer picture of who is getting caught up in its enforcement activities. At checkpoints across the country, agents are mostly taking small amounts of marijuana from American citizens, rather than making large busts of international cartels like some might assume.

Also, consistent with other studies and federal reports, the analysis revealed a significant decline in cannabis seizures at checkpoints overall since 2016. In 2016, there were 70,058 pounds of marijuana seized at checkpoints by Border Patrol, compared to 30,828 pounds in 2020.

FBI’s Uniform Crime Reporting (UCR) program has similarly shown a notable decrease in cannabis “arrests” that are made at the local and state level as more states enact reform. (However, experts have raised questions about the quality of FBI’s data, based on alleged confusion among law enforcement agencies about reporting requirements.)

In another report from last year, the Congressional Research Service said that the spread of legal cannabis states domestically, combined with international reform efforts, has reduced demand for illicit marijuana from Mexico.

As part of its Fiscal Year 2023 performance budget summary submitted to Congress last year, the Drug Enforcement Administration (DEA) also acknowledged that as more marijuana is being produced domestically in the U.S., it’s undermining illicit cannabis trafficking across the southern border.

A study released by the Cato Institute in 2018 found that “state-level marijuana legalization has significantly undercut marijuana smuggling.”

Federal prosecutions of drug-related crimes overall increased in 2019, but cases involving marijuana dropped by more than a quarter, according to an end-of-year report released by Supreme Court Chief Justice John Roberts in December.

Most Canadian Neighborhoods Are Located Within 5-Minute Drive Of A Marijuana Dispensary, Study Shows

The post Federal Marijuana Trafficking Cases Declined Again In 2022 Amid Legalization Movement, Federal Report Shows appeared first on Marijuana Moment.

North Dakota’s governor has signed a bill allowing patients admitted to hospice care to self-certify as medical marijuana patients.

The legislation, which cleared the House in an 86-6 vote and the Senate unanimously in a 45-0 vote, was signed into law on Thursday by Gov. Doug Burgum (R).

Under the measure from Rep. Mary Schneider (D), terminally ill patients will be able to use proof of their admittance in hospice care in lieu of a doctor’s written recommendation to register as a medical cannabis patient.

As introduced, the measure would have given the self-certification option to any person age 65 and older, but that was amended out by the House Human Services Committee last month.

The new law states that regulators will have to issue a cannabis patient card within 14 days of receiving the documentation, and that application fees will be waived for qualifying hospice patients.

In the interest of expediency, the bill also makes it so designated caregivers will be able to pick up marijuana products for patients in hospice without going through a background check process, just as they’re already allowed to do for terminally ill patients.

“When someone is in hospice, they often don’t have the time to go through the entire process,” Senate Majority Caucus Leader Kristin Roers (R) said on the floor ahead of the vote to send the measure to the governor’s desk last week. “And so I wanted to allow there to be a little bit easier of a path if somebody was admitted into a hospice program to be able to obtain medical marijuana while they’re in that.”

Roers added that cannabis can be used as a substitute for opioids, and so access to marijuana could help them be “more alert in those final days and final hours of their lives that they spend with their families.”

Burgum previously signed a cannabis decriminalization measure into law in 2019.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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In terms of self-certification, a Washington, D.C. measure that became law this month following a congressional review period  codifies the right of adults 21 and older to become medical cannabis patients without a doctor’s recommendation—effectively circumventing a congressional spending bill rider that blocks the District from using its tax dollars to set up a system of recreational sales despite voters approving legalization at the ballot in 2014.

Back in North Dakota, voters have twice rejected ballot proposals to legalize marijuana for adult use, first in 2018 and then again during last year’s election.

The ballot initiative was similar to a bill that was introduced in the legislature in 2021. The proposal from Rep. Jason Dockter (R) passed the House, but it was defeated in the full Senate after advancing out of committee there.

Meanwhile, a bill to significantly expand North Dakota’s current marijuana decriminalization policy cleared the House last year but was later defeated in the Senate.

Under the current statute, possession of half an ounce or less of cannabis is an infraction punishable by a fine of up to $1,000, with no jail time. The defeated proposal would’ve made possession of up to an ounce a non-criminal offense that carried a $50 fine.

North Dakota voters approved a medical cannabis ballot measure in 2016.

The legislature also recently passed a resolution that encourages residents to buy U.S. flags that are made out of hemp and manufactured in the state.

House Majority Leader Chet Pollert (R) previously said that he’s not “a marijuana person,” but he’s acknowledged that cannabis legalization is coming. Pollert said that voter approval of a legalization initiative in South Dakota in 2020 has made him reconsider his position on the issue, adding that the legislature should “take a long, hard look” at the policy change.

Nevada Senators Discuss Psilocybin Legalization Bill In Committee, Including Amendment To Increase Possession Limit

The post North Dakota Governor Signs Bill Letting People In Hospice Care Self-Certify As Medical Marijuana Patients appeared first on Marijuana Moment.

Most of Idaho’s surrounding states either allow medical cannabis, as Utah does, or recreational cannabis.

By Clark Corbin, Idaho Capital Sun

A new bill designed to provide for a “tightly regulated system” of medical cannabis was introduced Friday morning in the Idaho House of Representatives.

House Health and Welfare Committee Chairman John Vander Woude (R) introduced House Bill 370, the Idaho Medical Cannabis Act, as a personal bill on the floor of the Idaho House on Friday morning.

Vander Woude took the unusual step of introducing the bill as a personal bill rather than following the more traditional practice of bringing a draft bill to a legislative committee for an introductory hearing.

In practice, personal bills typically do not advance—because they circumvent the committee process—and are often introduced to start a discussion and lay the groundwork for future policy discussions.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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Because the bill was not introduced in a public committee meeting or debated on the floor, there was no public testimony or discussion of the new medical marijuana bill Friday.

The bill arrived unexpectedly and with little fanfare, as it did not appear on any legislative agendas and the Idaho House’s deadline to introduce personal bills was back on January 27.

This is not the first time Idaho legislators have introduced medical marijuana legislation. In 2012, former Rep. Tom Trail (R) introduced a medical marijuana bill that never passed, the Moscow-Pullman Daily News reported at the time.

What would the Idaho Medical Cannabis Act allow?

Under the new Idaho Medical Cannabis Act, patients with a significant medical condition such as cancer, AIDS, amyotrophic lateral sclerosis (ALS), wasting syndrome, epilepsy, debilitating seizures, Crohn’s Disease or a terminal illness would be eligible for a medical cannabis card that would be valid for up to one year before renewal.

The bill would allow for “ingestible” cannabis processed as a pill, droplet, tablet or chewable containing up to 10 milligrams of tetrahydrocannabinol, which must be obtained only from a licensed Idaho pharmacist. The bill would not allow for cannabis in its raw form or allow for cannabis to be smoked or vaped.

Under the bill, cannabis producers would need to obtain a state license to grow, process and handle medical cannabis. Cannabis producers would be subject to criminal background checks and inspections.

Most of Idaho’s surrounding states either allow medical cannabis, as Utah does, or recreational cannabis, as Oregon, Washington, Nevada and Montana do. Wyoming does not allow medical or recreational cannabis.

This story was first published by Idaho Capital Sun.

Most Canadian Neighborhoods Are Located Within 5-Minute Drive Of A Marijuana Dispensary, Study Shows

Photo courtesy of Brian Shamblen.

The post Idaho Republican Lawmaker Files Medical Marijuana Legalization Bill appeared first on Marijuana Moment.

MD legal sales vote; OR interstate marijuana commerce suit; NV psychedelics; Canada dispensary study; Congressman: protect patients from pesticides

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/ TOP THINGS TO KNOW

Sens. Jon Tester (D-MT) and Mike Braun (R-IN) filed a new bipartisan bill to ease testing and sampling requirements on industrial hemp producers who grow the crop for purposes other than cannabinoid extraction.

Rep. Scott Peters (D-CA) argued at a House Natural Resources Federal Lands Subcommittee hearing that his bill to combat the use of banned pesticides at illegal marijuana grow sites will protect the health of consumers—especially medical cannabis patients.

Maryland’s Senate president said the chamber will vote on a bill to regulate marijuana sales this week. Meanwhile, regulators released new reports to help the state prepare for legalization’s launch.

The Nevada Senate Health and Human Services Committee held a hearing on a bill to legalize psilocybin—hearing testimony from many advocates, including an Assembly lawmaker who described his own experiences with psychedelic therapy.

An Oregon marijuana business challenging the state’s ban on interstate cannabis commerce is asking a federal judge to allow its lawsuit to be heard in court and reject state officials’ motion to dismiss the case.

A new study of Canada’s legal marijuana industry found that “59% of neighbourhoods were within a 5-minute drive of a cannabis store” and that the market has “expanded enormously over the first 4 years” following legalization.

South Dakota Gov. Kristi Noem (R) vetoed a bill that would have allowed hemp products in process to have up to 5 percent THC.

The Montana Senate Business, Labor and Economic Affairs Committee rejected House-passed bills to ban most marijuana advertising and require warning labels for pregnant women on cannabis products.

Virginia lawmakers are considering amending a hemp product restriction bill to accommodate the concerns of patients who say it may impede their access to CBD medicines.

/ FEDERAL

The Drug Enforcement Administration released a report with recommendations on improving the effectiveness and integrity of the agency’s foreign operations.

A U.S. Air Force official spoke about the branch’s marijuana enlistment waiver program during testimony at a Senate hearing.

A new resolution from Sen. Sherrod Brown (D-OH) commemorating National Poison Prevention Week notes the issue of accidental edible cannabis ingestion.

/ STATES

Kentucky Gov. Andy Beshear (D) signed a bill to regulate delta-8 THC products. Separately, he signed an emergency regulation banning the sale of products containing tianeptine.

Colorado Gov. Jared Polis (D) signed a bill allowing regulators to embargo and destroy marijuana if “health, safety, or welfare of the public imperatively requires emergency action.” Separately, the Senate confirmed the governor’s nominations to serve on the Natural Medicine Advisory Board.

South Dakota Gov. Kristi Noem (R) signed legislation to add new medical cannabis qualifying conditions, prohibit doctors from issuing recommendations to pregnant and breastfeeding women and restrict them from having certain financial relationships with medical marijuana businesses.

Missouri Republican gubernatorial candidate Bill Eigel, currently a state senator, spoke about his opposition to marijuana legalization.

The Oklahoma Senate passed a number of bills amending medical cannabis rules.

North Carolina senators filed a bill to ban delta-8 and delta-9 THC products from schools and school-sponsored events.

A South Carolina senator expressed frustration in a Senate floor speech about his medical cannabis legislation being blocked from consideration.

A California senator tweeted, “Our bill to decriminalize possession & use of psychedelics (SB 58) passed the Senate Public Safety Committee. It’s time for CA to move away from criminalizing these substances, which are not addictive & which have so much potential for mental health & substance use treatment.”

Minnesota representatives discussed a bill to create a psychedelics task force.

A Pennsylvania senator said he’s “not a big fan of” the idea of putting marijuana sales in state-run stores.

New York regulators adopted rules on marijuana packaging, labeling, marketing, advertising and laboratories.

Washington State regulators are considering extending the application deadline for social equity cannabis retail licenses.

Vermont regulators updated the list of cannabis products registered for sale.

Oregon regulators posted a series of forms that people must fill out before receiving psilocybin services.

—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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/ LOCAL

The St. Louis County, Missouri Council is considering enacting a ban on smoking marijuana at county parks.

/ INTERNATIONAL

Toronto, Ontario, Canada’s government expanded its drug decriminalization proposal to cover young people in addition to adults, as well as all drugs.

The leader of the Irish Labour Party said the government should license the sale of cannabis at music festivals.

A Bogota, Colombia economic development official participated in a cannabis event.

/ SCIENCE & HEALTH

A review concluded that “oral fluid tests showed the most promise for use in roadside screening for blood THC levels over legal limits,…urine tests are generally inadvisable, and observational tests require sensitivity improvements.”

/ ADVOCACY, OPINION & ANALYSIS

A poll of Britons found that 55 percent said they could definitely identify the smell of cannabis.

A poll of Philadelphia, Pennsylvania residents found that 22 percent support arresting drug users and 27 back allowing safe consumption sites for illegal drugs.

RTI International is holding an event on cannabis equity on Thursday.

/ BUSINESS

atai Life Sciences reported a quarterly net loss of $45 million.

Altria Group Inc.’s CEO said the company is considering expanding into cannabis products.

Aurora Cannabis Inc. received notification that it is not in compliance with Nasdaq’s minimum bid price requirements.

Curaleaf Holdings, Inc. is delaying its earnings call scheduled for Tuesday.

Ascend Wellness Holdings LLC is being sued by a former employee who says he was improperly fired after being incorrectly blamed for theft.

MedMen Enterprises Inc. changed its auditor.

Canadian retailers sold C$395.5 million worth of legal cannabis products in January.

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Photo courtesy of Chris Wallis // Side Pocket Images.

The post Senate hemp bill aims to loosen restrictions (Newsletter: March 27, 2023) appeared first on Marijuana Moment.

The Senate committee also defeated legislation that would have required businesses to add a warning label to cannabis packaging directed specifically at pregnant women.

By Max Savage Levenson, Montana Free Press

On Tuesday, one day after a hearing that drew pointed opposition from representatives of the cannabis and media industries, the Senate Business, Labor and Economic Affairs Committee voted down—and then tabled—a bill to ban most marijuana advertising in Montana.

In its current form, House Bill 351, sponsored by Rep. Kerri Seekins-Crowe (R) prohibits the “publication, dissemination, solicitation, or circulation of visual, oral, or written communication” that could “directly induce” someone to buy or consume marijuana. It would allow businesses to maintain websites and to employ outdoor signage. It had already been approved by the House.

Before the vote, the committee approved an amendment that would permit cannabis businesses to donate to charitable causes and have their name listed as a donor. The amendment also allows businesses to sell merchandise that bears their name or logo.

The bill failed on a vote of 4-6. The committee voted unanimously to table it.

The committee also on Tuesday voted down and subsequently tabled House Bill 611, sponsored by Rep. Jane Gillette (R). That bill, which had also passed the House, would require businesses to add a warning label to marijuana packaging directed specifically at pregnant women.

During Monday’s hearing on the two bills, a single proponent, Coleen Smith, executive director of Helena-based Youth Connections, spoke in favor of HB 351, the ad ban bill. “Kids and families should not have to be subjected to being inundated with advertising about this very addictive substance,” she said.

Bill opponents argued that the ad ban contradicts language in HB 701, last session’s industry framework bill, as well as rules established by the Department of Revenue. Those rules permit the advertising of a brand, but prohibit businesses from advertising specific products.

Pepper Petersen of the Montana Cannabis Guild highlighted HB 351’s prohibition of advertising via “oral” communication. “Could we even speak loudly about our brand?” he asked the committee.

Kate Cholewa of the Montana Cannabis Industry Association argued that the Cannabis Control Division does not currently have sufficient staff to crack down on bad actors, and that the vast majority of businesses adhere to the “spirit” of current policy.

Later in the hearing, Smith spoke again as the sole public proponent of HB 611, while industry representatives argued that the science cited by Gillette to justify warning labels for pregnant women is scant and unsubstantiated.

The committee voted HB 611 down 3-7. The committee tabled the bill unanimously.

This story was originally published by Montana Free Press at montanafreepress.org.

Nevada Senators Discuss Psilocybin Legalization Bill In Committee, Including Amendment To Increase Possession Limit

Photo courtesy of Mike Latimer.

The post Montana Senators Reject House-Passed Bill To Ban Most Marijuana Advertising appeared first on Marijuana Moment.

“Increasing the THC level to 5 percent would hinder our successful hemp program and undermine enforcement of our drug laws.”

By Makenzie Huber, South Dakota Searchlight

Gov. Kristi Noem (R) vetoed a bill Thursday that would increase the amount of THC that industrial hemp processors can have in their products.

THC is short for tetrahydrocannabinol, the compound in cannabis plants that produces a high when present in sufficient amounts. Hemp, unlike its cousin marijuana, is low in THC. Hemp plants can be used in a multitude of products.

Noem said the bill would “jeopardize the effectiveness and safety” of the state’s industrial hemp industry “by creating conflict with federal law while also allowing marijuana products to be considered hemp products.”

Today, I VETOED HB 1209.

South Dakota has a safe and responsible hemp program that we have worked many years to implement properly.

This bill would jeopardize the effectiveness and safety of our program by classifying marijuana as hemp. pic.twitter.com/YczofNW9Ok

— Governor Kristi Noem (@govkristinoem) March 23, 2023

Legislators will return to Pierre on Monday to consider the hemp veto and other vetoes from Noem. It takes a two-thirds vote to override a veto. Earlier this winter, the House of Representatives passed the bill in a 44-26 vote while the Senate passed it in an 18-16 vote.

Under current state law, up to 1 percent of THC is allowed in a hemp “product in process,” which is already over the federally recognized limit of 0.3 percent. The “product in process” definition includes hemp that’s being transported from one place to another during processing.

The bill would increase the limit to 5 percent.

“If I allowed this bill to become law, it would jeopardize the clearly expressed will of the people,” Noem said in a statement, referencing the failed 2022 ballot measure to legalize recreational marijuana. “Increasing the THC level to 5 percent would hinder our successful hemp program and undermine enforcement of our drug laws.”

Today, I VETOED HB 1209, which would increase the amount of THC allowed in hemp to 5%, classifying marijuana as hemp.

South Dakotans spoke clearly this past November: they do not want recreational marijuana. Signing this bill would go against the will of the people. pic.twitter.com/wQMHDthBDk

— Kristi Noem (@KristiNoem) March 23, 2023

Noem also argued that the change would increase the THC level for crops in the field.

“That’s absolutely a lie. That’s not true,” said Rep. Oren Lesmeister, D-Parade, the bill’s prime sponsor in the House. “The only time we’re allowing it above 0.3 percent is processor to processor. Crops are still under 0.3 percent, biomass is still under 0.3 percent and end products are still under 0.3 percent.”

The higher THC levels are temporary, Lesmeister explained, and tied to the production of hemp-derived products. While hemp plants in the field have a THC below 0.3 percent, processors have concentrated levels of THC when extracting oils and CBD from the crops for products such as lip balms, oils and lotions.

Those higher levels of THC are all but unavoidable in the production of consumer hemp products, Lesmeister said. Processors themselves are not federally regulated, and other states with hemp processors “turn a blind eye” to processing-related concentrations over 0.3 percent, Lesmeister said. South Dakota would join two other states, Colorado and New York, were it to allow the 5 percent limit.

Lesmeister is not a hemp farmer but plans to plant the crop in the future. The 2023 legislative session is the second time he’s introduced the bill.

The 1 percent level was a compromise when the hemp program started, Lesmeister said. But processors exceed 1 percent THC “pretty much every time” before THC levels are reduced again when processing is finished. Raising the limit to 5 percent would ensure processors are producing legally, and Lesmeister said this veto could “stifle the industry.”

“If we could have zero THC in our hemp products, we’d love that,” Lesmeister said. “It’s a pain in our butt. We don’t want THC. We just want the CBD and the isolates and the oil. But when you extract, you concentrate the oil and that raises the THC level.”

South Dakota had the second-most industrial hemp acres in the nation in 2022, following Montana, according to reporting citing the South Dakota Industrial Hemp Association. The state increased harvested yields in 2022 by 35 percent to 2,540 acres, up from 1,674 in 2021.

“There are people processing in the state who don’t want to do anything wrong,” Lesmeister said. “They can’t get crop insurance on it yet. There’s no safety nets like all the other crops.”

This story was first published by South Dakota Searchlight.

Bipartisan Senators File Bill To Ease Restrictions On Industrial Hemp Farmers

Photo courtesy of Brendan Cleak.

The post South Dakota Governor Vetoes Bill To Increase Hemp THC Limits During Processing appeared first on Marijuana Moment.

Maryland’s Senate president says the body will vote next week on a bill to create regulations for an adult-use marijuana market, getting the state prepared for a voter-approved legalization law that takes effect this summer.

Senators have a number of factors to take into account as they prepare to enact the reform, including feedback from hemp industry stakeholders who’ve raised concerns about possible ramifications of the legislation and newly released reports from regulators on consumer trends.

Senate President Bill Ferguson (D) said during a press briefing on Friday that the chamber’s version of a cannabis regulations bill is “nearing completion,” and the plan is to “have it on the Senate floor early next week.”

The House already approved its companion version this month. The bills were identical when introduced, but the House bill has been amended throughout the legislative process.

Ferguson suggested that his chamber’s legislation, which was discussed in the Senate Finance Committee earlier this month, will also be revised, especially in light of issues identified by hemp businesses who feel the measure as drafted could inadvertently upend their businesses.

The Senate president said that “a lot of legislators are struggling with it right now,” describing it as a “tough issue” that will be addressed as the bill advances.

The existing market for hemp-derived cannabinoids like delta-8 THC exists because of a “loophole” in the federal statute that legalized the crop, he said. “This product was never anticipated to be on sale with no regulation.”

Lawmakers are exploring a possible “off ramp” for hemp businesses that have been operating in the cannabinoid market that may be impacted by the marijuana regulations legislation, Ferguson said.

Another possible consideration for the Senate is a pair of reports released by the Maryland Medical Cannabis Commission on Wednesday. One study focused on medical cannabis patients and the other looked broadly at marijuana use and perceptions in the unregulated market.

“These studies are the result of collaborative efforts of many state agencies, organizations, and Maryland residents”, Dawn Berkowitz, deputy executive director of the commission, said in a press release. “The rich information provided allows the State to plan data-driven initiatives to guide health, safety, and regulatory efforts.”

The medical-focused survey found that patients “largely plan to remain in the medical cannabis program, even with an expanded legal adult-use market in the State,” according to the press release.

The separate Cannabis Use Baseline Study concluded that about one in ten Maryland adults report that they’re current marijuana consumers. The study is also being made available to a new Cannabis Public Health Advisory Council that’s responsible for promoting public education about legalization and youth prevention.

“I think one of the important aspects of all of this cannabis legalization—and I think one of the driving factors for me individually—is public health,” Ferguson said on Friday.

Prior to the House vote on its version of the regulations bill this month, the Senate president said that he expects that bicameral lawmakers will work to “resolve” differences between the two versions, “potentially” in a conference committee, “sooner than later.”

“We want to get this moving. There’s a lot of pieces to this,” he said. “And I think, you know, there’s no such thing as perfect in legislation. It’s doing the best you can to mitigate any of the potential unintended consequences that we can imagine today.”

Here’s what the Senate bill as currently drafted would accomplish: 

Cannabis would be taxed at six percent for the first fiscal year starting this summer. It would increase by one percent each year until 2028, maxing out at 10 percent. Medical marijuana patients would be exempt from the tax.

Thirty percent of marijuana tax revenue would go toward a community reinvestment fund for at least the next 10 years. The bill further calls for 1.5 percent of revenue to go to localities, 1.5 percent to counties and 1.5 percent each for a Cannabis Public Health Fund and the Cannabis Business Assistance Fund.

The Marijuana Alcohol and Tobacco Commission would be renamed as the Maryland Alcohol, Tobacco and Cannabis Commission, which would be responsible for regulating the program. Under the commission, there would be a Division of Cannabis Regulation and Enforcement that would be tasked with reviewing and issuing marijuana business licenses.

Existing medical cannabis dispensaries would be converted into dual licensees at the same time that legalization takes effect on July 1 if they’ve paid a fee. Regulators would need to start approving additional marijuana business licenses by July 1, 2024.

Social equity applicants would need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.

A Capital Access Program would be created under the state Department of Commerce to promote industry opportunities for social equity applicants and provide low-interest loans.

The bill stipulates that $5 million would be appropriated annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants that involves mentorship, training and/or shared business space.

Localities could not impose additional taxes, nor could they prohibit existing medical cannabis businesses that convert to dual licenses from operating in their area.

Medical cannabis patients would be able to grow up to four plants for personal use, rather than two under the current law. They would not have to pay taxes on medical marijuana products.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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The House version was amended in several ways before being approved on the floor. For example, it was revised to allocate 1.5 percent of cannabis tax revenue to counties and a requirement was removed stipulating that the head of the regulatory commission needed to be a member of law enforcement.

Also, the House panel adopted an amendment that eliminates a 200 license cap for delivery services, with members determining that the category would be covered under the separate micro-dispensary licenses.

Members also revised the legislation’s definition of a social equity applicant, clarifying that a disproportionately impacted area is one that has experienced more than 150 percent the state’s average cannabis possession charge rate over the past 10 years. Also, social equity applicant eligibility was changed to include those who attended for at least two years either an HBCU or one of certain other institutions of higher learning in the state.

The measure was further amended to prohibit localities from imposing licensing, operating or other fees or requirements that are greater or more burdensome than businesses “with a similar impact on the area.”

The House bill was also revised to include language allowing both adults and medical patients to purchase plants and other cultivation supplies through the licensed market.

Finally, the chamber’s version now says that existing medical marijuana businesses have the option to either convert to a dual-market retailer, selling products to both adults and medical patients, or sell their license to another operator.

It remains to be seen which, if any, of those amendments the Senate might take up ahead of floor consideration next week. If they’re not made identical, the outstanding differences could be resolved in a conference committee.

Because the bills are considered emergency legislation that would take effect immediately, they must be approved with three-fifths of the vote in both chambers to be enacted. The legalization of possession of up to 1.5 ounces of cannabis takes effect on July 1, putting pressure on lawmakers to get regulations in place for commerce.

A spokesperson for Gov. Wes Moore (D) told The Baltimore Banner that the governor considers the proposal  “a well-crafted piece of legislation and is looking forward to future collaboration with the legislature.”

The bill is partly a product of extensive work from bipartisan and bicameral lawmakers who were part of House Cannabis Referendum and Legalization Workgroup, which was formed in 2021 by Speaker Adrienne Jones (D).

Members have held numerous meetings to inform future regulations following Maryland voters’ approval of a legalization referendum during last year’s election, which triggered the implementation of complementary legislation covering rules for basic policies like possession and low-level home cultivation.

In addition to legalizing the purchase and possession of up to 1.5 ounces of cannabis for adults starting this summer, the legislation will also remove criminal penalties for possession of up to 2.5 ounces. Adults 21 and older will be allowed to grow up to two plants for personal use and gift cannabis without remuneration.

The post Maryland Senate Will Vote On Marijuana Sales Bill Next Week, As Lawmakers Consider Hemp Industry Input And New Studies appeared first on Marijuana Moment.

Nevada senators held a hearing on a bill to legalize the possession of psilocybin on Thursday, discussing a proposed amendment to remove therapeutic use provisions and taking extensive testimony from advocates and experts—including from an Assembly lawmaker who shared his own experience with ketamine treatment.

The Senate Health and Human Services Committee took up the legislation from Sen. Rochelle Nguyen (D), which under the amendment would remove criminal penalties for possession of up to six ounces of the psychedelic for adults 21 and older.

“Veterans, law enforcement, first responders and all Nevadans deserve the right to explore treatment options in the safety of their own home,” Nguyen said at the hearing. “We want to reduce the prosecution of people who wish to heal themselves and protect those who protect us. It’s the least that we can do.”

As introduced, the measure would have also streamlined the process of researching psilocybin and MDMA, providing protections for scientists and adults who participate in the studies. But the proposed amendment would eliminate that language.

Instead, the revision would contain less prescriptive language, saying simply that the state Department of Health and Human Services (DHHS) would need to establish a Psychedelic Medicines Working Group to “study psychedelic medicines and make recommendations to the legislature.”

The legal possession limit was also increased from four to six ounces under the amendment.

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Under the bill, the working group would be responsible for reviewing the therapeutic potential of psychedelics including psilocybin for certain mental health conditions and existing laws and regulations governing entheogenic substances at the federal, state and local levels.

Members would further need to develop “a strategic, measurable, and actionable plan on how to enable access to therapeutic entheogens and compounds including, but not limited to psilocybin and psilocin products that are safe, accessible, and affordable.”

A report with findings and recommendations would be due to the legislature by December 31, 2024.

Assemblymember Max Carter (D) testified at Thursday’s hearing and discussed his personal experience using ketamine for chronic depression. He said that while the substance is effective, it’s a short-term therapy, especially compared to psilocybin.

“The lingering effects of psilocybin are measured in months and years, and that’s why we need to take and look at this and allow it to be explored in our state,” he said. “Right now, we’ve got veterans, active duty first responders and common people just like you and I that are seeking out and benefiting from psilocybin therapy. Unfortunately, it’s happening in the shadows. This is the first step to bringing this promising therapy into the light where it belongs.”

The chair of the committee, Sen. Fabian Doñate (D), said that while he wasn’t alive in the 1980s, “the ramifications of the war on drugs we still see to this very day.”

Although I wasn’t alive in the 1980s, the ramifications of Reagan’s “War on Drugs” can be felt to this very day.

Psilocybin has been utilized by cultures longer than any of us have been alive, it’s time to decriminalize it and study its effects. pic.twitter.com/IG1ZozdL6R

— Fabian Doñate (@fabiandonate) March 24, 2023

“I think that’s something that all of us can see in general throughout this country,” the senator, who is cosponsoring the legislation, said. “The fact of the matter is what we have seen, particularly with this issue, is we have forbidden our researchers from actually understanding what this process could entail—and that has persisted for generations.”

The whereas section of the bill states that Nevada “has a high prevalence of adults with behavioral health conditions,” and studies show that psilocybin have “efficacy and safety in the treatment of a variety of behavioral health conditions.”

“Numerous state and local lawmaking bodies throughout the United States have already enacted or are currently considering legislation decriminalizing certain conduct by certain persons relating to psilocybin and psilocin,” it says.

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Nevada is joining a rapidly growing list of states where legislators are pursuing psychedelics reform this session as interest in the therapeutic potential into entheogenic substances expands.

For example, a Hawaii Senate committee approved a House-passed bill on Wednesday that would create an advisory council to look into possible regulations to provide access to federal “breakthrough therapies” like psilocybin and MDMA.

On Tuesday, a California Senate committee approved a bill to legalize possession of certain psychedelics and facilitated use of the substances.

A Minnesota House committee took up a bill last week to establish a task force to study and advise on the potential legalization of psychedelics like psilocybin, MDMA and ibogaine.

Texas lawmakers recently filed a series of new bills aimed at promoting and expanding psychedelics research in the state.

This month, the Oklahoma House of Representatives approved a bill to promote research into the therapeutic potential of psilocybin while providing legal protections against prosecution for people with eligible conditions who possess the psychedelic.

Also this month, a Rhode Island House committee held a hearing on a bill that would remove penalties for the use and possession of psilocybin and allow the home cultivation of psychedelic mushrooms for personal use.

The Washington State Senate recently passed a bill to create a task force supporting research into psilocybin and develop a pathway for legal access to the psychedelic.

Hawaii’s Senate and House passed three psychedelics research bills earlier this month.

Missouri lawmakers also cleared a GOP-led bill in committee this month to facilitate research into the therapeutic potential of certain psychedelics such as psilocybin, MDMA and ketamine.

Those are just a few examples of the types of reforms that legislators across the country are considering this session.

An analysis published in an American Medical Association journal last year concluded that a majority of states will legalize psychedelics by 2037, based on statistical modeling of policy trends.

A national poll published this month found that a majority of U.S. voters support legal access to psychedelics therapy and back federally decriminalizing substances like psilocybin and MDMA.

Most Canadian Neighborhoods Are Located Within 5-Minute Drive Of A Marijuana Dispensary, Study Shows

The post Nevada Senators Discuss Psilocybin Legalization Bill In Committee, Including Amendment To Increase Possession Limit appeared first on Marijuana Moment.

A new study shows that four years after Canada legalized marijuana for adult use, nearly six out of every ten neighborhoods in the country is located within a five-minute drive of a cannabis dispensary, demonstrating the level of access afforded to consumers.

The study, which was a collaborative effort by investigators from various universities and research institutes in Ottawa and Toronto, also showed that over the course of a four-year span only 7 percent of retail cannabis locations permanently closed.

The team of researchers collected longitudinal data regarding the status and location of “all legal cannabis stores in Canada” and determined that as of October 2022 there were 3,305 retail locations operating. Researchers then cross-referenced dispensary location data against “dissemination areas” as defined by Statistics Canada.

The study, published in Drug and Alcohol Review last week and funded by Canadian Institutes of Health Research, also examined per capita stores and sales in addition to analyzing store closure rates and consumer retail accessibility.

“Over 4 years, per capita stores and per capita sales increased each year by an average of 122.3% and 91.7%, respectively, with larger increases in private versus public systems (4.01 times greater for per capita stores and 2.46 times greater for per capita sales),”  the researchers said.

The research team pointed out that Canada’s legal cannabis market “expanded enormously” during the first four years following the launch of legal adult-use sales and that there is “considerable variation in access” between different Canadian markets.

“The legal cannabis market in Canada expanded enormously over the first 4 years following legalisation.”

Leading up to the launch of legal adult-use sales in late 2018, Statistics Canada estimated in a report at the time that roughly 90 percent of Canadians lived within 10km (or about 6 miles) of a liquor store. By comparison, only 35 percent of Canada’s population was expected to live within the same distance of a planned cannabis store when legal adult-use sales launched according to the same analysis.

Multiple studies have found positive outcomes in neighborhoods where legal cannabis dispensaries are located. For example, a study conducted by the University of New Mexico in 2021 found that unemployment fell in Colorado counties in which dispensaries opened post-legalization, compared to counties in which dispensaries did not open.

A separate study from 2021 found that “higher medical and recreational storefront dispensary counts are associated with reduced opioid related death rates, particularly deaths associated with synthetic opioids such as fentanyl.”

A study from 2020 examined crime rates in Colorado before and after the state’s enactment of legalization and the researchers “observed a substantial reduction in certain types of crimes, namely, property crime, larceny, and simple assault, in border counties in the Colorado region.”

Oregon Company Defends Federal Lawsuit Challenging The State’s Ban On Cannabis Exports

Photo courtesy of WeedPornDaily

The post Most Canadian Neighborhoods Are Located Within 5-Minute Drive Of A Marijuana Dispensary, Study Shows appeared first on Marijuana Moment.

A bipartisan pair of U.S. senators have filed a bill to reduce regulations on farmers that grow industrial hemp for non-extraction purposes.

Sens. Jon Tester (D-MT) and Mike Braun (R-IN) introduced the Industrial Hemp Act on Thursday—the latest piece of congressional legislation focused on the crop, which was federally legalized under the 2018 Farm Bill.

As it stands, hemp and its derivatives like CBD that contain no more than 0.3 percent THC by dry weight are not controlled substances, and regulatory responsibility falls with the U.S. Department of Agriculture (USDA). The new bill seeks to create a distinction between “industrial” hemp that’s grown for products like fiber and “hemp for any purpose” which would cover crops cultivated to extract cannabinoids like CBD.

Farmers that cultivate industrial hemp would no longer be subject to background checks in order to participate in the market, and they wouldn’t have to fulfill rigorous sampling and testing requirements.

Instead, they would simply have to go through an annual visual inspection, where they would need to demonstrate that they’re growing the crop for a purpose covered under the new “industrial hemp” definition. If they failed the initial visual review they would then need to provide documentation demonstrating “a clear intent and in-field practices consistent with the designation” of industrial hemp. Only if they refused to do so would regulators then be empowered to physically test harvested plant material.

“Montana farmers don’t need government bureaucrats putting unnecessary burdens on their operations,” Tester said in a press release. “It’s time we cut red tape, and make it easier for industrial hemp farmers to get their product to market. My bipartisan bill builds on Montana’s leadership on hemp policy and creates good-paying jobs for folks across rural America.”

Braun added that it’s “important that we set American farmers up for success by cutting burdensome regulations and red tape.”

“This legislation will expand opportunities for industrial hemp producers in Indiana and across the country and allow them to tap into one of the fastest growing agricultural markets,” the senator said.

The measure also preempts states and tribes from enacting requirements on industrial hemp growers that are more stringent than those laid out in the bill. It further provides that anyone who knowingly produces hemp crops that are inconsistent with their designation will be ineligible to participate in the legal hemp industry for a period of five years.

This bill’s introduction comes as discussions are heating up over the next iteration of the Farm Bill, in which lawmakers will likely try to include provisions to further ease burdens on the hemp market. Stakeholders have backed several standalone measures that tackle the issue so far this Congress.

For example, a group of House lawmakers introduced a bill this month that seeks to end what they say is a “discriminatory” federal policy that bars people with prior felony drug convictions from owning or leading legal hemp businesses.

Another pair of bipartisan lawmakers recently refiled bills meant to provide a pathway for the regulation of hemp derivatives like CBD as dietary supplements and food and beverage additives.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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The Food and Drug Administration (FDA) announced in January that it would not be creating rules to allow the marketing of CBD as dietary supplements or food items, leaving the massive industry without regulations despite repeated calls for administrative action from lawmakers, advocates and stakeholders.

Following a “careful review” of the non-intoxicating cannabinoid, FDA said it reached the conclusion that the existing regulatory pathways that are in place for other dietary supplements and food additives will not work for CBD. Instead, the agency said that wants to “work with Congress on a new way forward.”

FDA’s announcement came days after the agency released finalized guidance that focuses on developing cannabis-based drugs and outlined the process and unique considerations for scientists when it comes to hemp and marijuana.

Meanwhile, House Oversight and Accountability Committee Chairman James Comer (R-KY), said in January that he was preparing to confront FDA over their failure to enact regulations for hemp-derived products like CBD.

Reps. Morgan Griffith (R-VA) and Brett Guthrie (R-KY) sent a letter to FDA Commissioner Robert Califf last year, demanding answers over the continued lack of regulations for CBD for commercial purposes.

At a House Appropriations subcommittee hearing last year, FDA’s Califf recognized that the agency had moved slowly with rulemaking for CBD in the food supply, stating that the situation “looks pretty much the same in terms of where we are now” as compared to when he first worked on the issue in 2016.

He said the FDA has taken steps to research the safety profile of cannabinoids to inform future rules, but he also punted the criticism about inaction to Congress, saying he doesn’t feel that “the current authorities we have on the food side or the drug side necessarily give us what we need to have to get the right pathways forward.”

“We’re going to have to come up with something new,” Califf said. “I’m very committed to doing that.”

FDA also recently touted its role helping a state agency crack down on a company selling delta-8 THC gummies that they said are linked to “serious adverse events.”

In November, the agency sent warning letters to five companies that sell foods and beverages containing CBD.

The agency didn’t specify why it targeted those particular five companies out of the many more that market similar cannabidiol-infused consumables, but it said that they sell products “that people may confuse for traditional foods or beverages which may result in unintentional consumption or overconsumption of CBD.”

All of this comes in the background of a major task for FDA: Conducting a scientific review into marijuana, at the direction of President Joe Biden, to aid in an assessment of its federal scheduling. FDA’s recommendation won’t be binding, but officials say they expect DEA to product a scheduling recommendation that’s consistent with their findings about its risks and benefits.

Read the text of the Industrial Hemp Act below: 

Oregon Company Defends Federal Lawsuit Challenging The State’s Ban On Cannabis Exports

Photo courtesy of Pixabay.

The post Bipartisan Senators File Bill To Ease Restrictions On Industrial Hemp Farmers appeared first on Marijuana Moment.

An Oregon marijuana business challenging the state’s ban on interstate cannabis commerce asked a federal judge last week to allow the case to be heard in court, arguing that the company has a “right to operate its business—federally legal or not—free of unconstitutional state laws such as the export ban.”

The cannabis wholesaler, Medford-based Jefferson Packing House, sued Oregon officials in November in an effort to overturn the state export ban. Its attorneys claim the law violates the U.S. Constitution’s Dormant Commerce Clause, a provision meant to promote competition among states by preventing them from independently regulating interstate commerce.

The company’s suit says the export ban “harms not only Oregon growers, processors, and wholesalers, but also non-residents, who are denied access to the high-quality marijuana products created in Oregon unless they physically travel to Oregon to purchase those products.”

Lawyers for the state have asked the court to dismiss the case, asserting that Jefferson lacks standing. In a January motion, they wrote that because federal law also prohibits the export of cannabis products, the company’s “alleged injuries are not likely to be addressed by the relief that it is seeking.” Further, they argue the Dormant Commerce Clause does not apply as the lawsuit describes it.

“That doctrine prohibits states from treating interstate and intrastate commerce differently,” the state’s filing says. “Here, however, there is no interstate commerce to treat differently.”

A March 17 reply from Jefferson, however, contends that the federal Controlled Substances Act (CSA) “did not ‘eliminate’ commerce in marijuana any more than a criminal statute ‘eliminates’ the act or conduct it forbids.”

“Plaintiff’s injuries arise out of the fact that it must operate in an environment where Oregon law unconstitutionally regulates the commerce (illegal or not) in which Plaintiff desires to engage,” the latest filing says, “including competing with out of state marijuana businesses, accessing out of state customers, and taking advantage economies of scale.”

The response asks a federal judge to allow the matter to be heard at oral argument. No ruling has been made either on that request or the state’s motion for dismissal.

Under federal law, virtually all cannabis commerce in the United States remains illegal, regardless of the drug’s status at the state level. Currently, no formal federal protection exists to guard businesses, consumers or even medical patients from prosecution. States, however, are generally not legally required to enforce federal law.

The company doesn’t expect the lawsuit to overturn federal cannabis prohibition, as it acknowledged in a letter sent separately to defendants at the time the lawsuit was filed. But it says Oregon’s own law shouldn’t stand in the way as an additional obstacle to cross-border trade.

“We recognize that marijuana is still illegal under federal law, and that this lawsuit will not change that fact,” the letter said. “However, we believe that the State of Oregon should be fully aligned with supporting its local marijuana industry, and therefore that Oregon law should no longer prohibit the export of marijuana to other states.”

Named defendants include Oregon Gov. Tina Kotek (D), Attorney General Ellen Rosenblum (D) and the head of the Oregon Liquor and Cannabis Commission.

The state’s former governor, Kate Brown (D), in fact signed a bill into law in 2019 positioning the state to import and export cannabis. At the time, the state had a vast oversupply of marijuana, and the policy change was seen as a way to give Oregon businesses the ability to export some of that excess to states where prices were higher.

But that law allows Oregon to enter cross-border agreements with other states only if the federal government makes it legal or if the Justice Department implements an administrative policy allowing for such commerce. And as it stands, no such federal policy exists.

At least some of the company’s confidence in the suit stems from a federal appellate court’s August opinion in a case out of Maine.

In that case, the U.S. Court of Appeals for the First Circuit ruled that Maine’s state law prohibiting non-residents from owning medical marijuana businesses was unconstitutional because it violates the Dormant Commerce Clause. Although the Oregon case is not within the First Circuit, and thus not bound by that precedent, legal experts have speculated the decision could have more far-reaching implications for interstate cannabis commerce.

Oregon isn’t the only state to have readied itself for an interstate marijuana market. California’s governor signed a similar measure last year, and lawmakers in Washington State are currently considering a law that would also allow interstate cannabis trade pending federal action.

On the other side of the country, New Jersey’s Senate president filed a similar proposal last year, but it has not yet been enacted.

Despite legislatures laying groundwork for the future, however, bans on exporting and importing cannabis are in place in legal states across the U.S., in large part as a protective measure meant to insulate the states from federal enforcement action given the Justice Department has previously identified interstate marijuana trafficking as a prosecutorial priority.

To remedy the situation, plaintiffs in the Oregon case are asking the court to declare the state’s export ban is unconstitutional and enjoin the state from “implementing, enforcing, or giving any effect to the residency requirement for dispensaries.”

The case is Jefferson v. Kotek (21-CV-1776). Read the latest filings below: 

Justice Department Says Ending Gun Ban For Medical Marijuana Patients Would Have ‘Wide-Ranging Consequences’ In New Federal Court Brief

Photo courtesy of Chris Wallis // Side Pocket Images

The post Oregon Company Defends Federal Lawsuit Challenging The State’s Ban On Cannabis Exports appeared first on Marijuana Moment.

“After eight years of using the same thing with great results, I don’t want her to have to go seek something else.”

By Graham Moomaw, Virginia Mercury

Before many people even knew what CBD was, a particular group of families was asking Virginia lawmakers to legalize it.

At the urging of parents with children diagnosed with severe epilepsy, Virginia passed a law in 2015 creating a legal shield allowing families to possess cannabis-derived CBD oils for medical use without fear of being criminally prosecuted due to CBD’s connection to marijuana.

Under the original law, that legal defense only applied to CBD—a substance typically derived from non-intoxicating hemp plants marketed as a remedy for aches and pains, sleep trouble, anxiety and other ailments—that was obtained specifically to prevent or reduce seizures. The initial 2015 law also included limits on THC, the compound in cannabis plants that gets users high and can come in both natural and synthetic forms.

To date, the anti-seizure medication Epidiolex remains the only CBD drug approved by the U.S. Food and Drug Administration (FDA) as safe and effective for a specific medical use. In testimony before the General Assembly eight years ago, when Epidiolex was still three years away from FDA approval, many Virginia families said non-prescription CBD oil was the only thing that worked to alleviate their children’s seizures. State lawmakers responded accordingly, indicating they would work to create a legal way to let Virginia families get CBD for medical purposes.

But Lisa Smith, a Youngkin-supporting Northern Neck resident who was one of the mothers involved in the initial push to legalize CBD oil, says the strict hemp regulation bill the General Assembly passed this year threatens to undo the help legislators extended to families like hers nearly a decade ago.

The 100 milliliter bottles of CBD oil she gets shipped from a Colorado-based company called Charlotte’s Web, Smith said, are big enough they’d most likely violate a provision in the pending law that says cannabis products can contain no more than two milligrams of THC “per package.”

“After eight years of using the same thing with great results, I don’t want her to have to go seek something else,” Smith said of her daughter, Haley, who has a form of epilepsy called Dravet syndrome.

Smith said the bottles she gets contain 216 milligrams of THC but have a total THC concentration of less than 0.3 percent, a standard measurement separating industrial hemp from marijuana The contents of Charlotte’s Web products aren’t entirely clear from labeling and descriptions on the company’s website, but more specific certificates of analysis available on the website back up Smith’s claim that the THC contents would be above the limits laid out in the proposed Virginia law. The company also offers “THC-free” CBD oils that have only 1.2 milligrams of THC in a 30 milliliter bottle. Charlotte’s Web didn’t respond to an emailed request for comment on how Virginia’s proposal would affect its business in the state.

After a whirlwind of pushback by Smith, lawmakers who sponsored the hemp bill are now considering amendments to try to address her concern.

“We want to fix that,” Sen. Emmett Hanger (R) the sponsor of the Senate version of the hemp bill, said in an interview.

Hanger said the concerns some Virginians have about potentially losing access to largely unregulated cannabis products illustrate what he sees as a broader problem.

“A lot of people are self-medicating with these products,” Hanger said. “But a doctor should be involved with these things. Sometimes these are potent drugs of sorts that are not FDA-approved.”

Hanger did not elaborate on specific amendments being considered to his bill, but one idea being discussed is a carveout to the THC limits for CBD products, as long as they have a high-CBD, low-THC ratio, meant to only cover products unlikely to get users high from a standard dose.

The hemp legislation is currently awaiting action by Gov. Glenn Youngkin (R), who has said he supports its main goal of getting tougher on unregulated hemp-derived products like delta-8, which contain enough THC to produce intoxicating effects but are openly sold throughout Virginia because they’re technically not marijuana.

Youngkin’s office did not specify what specific changes the governor might propose for the bill.

“The final text of the bill is in review and the administration is meeting with stakeholders,” said Youngkin spokeswoman Macaulay Porter. “The governor looks forward to the enhanced enforcement this will bring to keep dangerous intoxicants off the shelves and away from Virginia children.”

The governor is facing a Monday deadline to sign, veto or recommend changes to the hemp bill.

‘We have major seizures’

The first form of state-sanctioned cannabis possession approved in 2015 gradually grew into the medical marijuana program Virginia has today as lawmakers created legal avenues to purchase CBD oil, broadened the list of health conditions that could be treated with cannabis products and expanded the program to allow actual marijuana. The medical dispensaries remain the only fully legal way to buy marijuana in the state, even though possessing small amounts of pot and growing up to four plants at home is no longer a criminal offense.

If other businesses were to stop selling hemp products in Virginia to comply with the pending law, the state’s medical cannabis dispensaries would remain an option for Virginians looking to legally buy marijuana or CBD. Those products are also subject to stricter regulations and testing to ensure consumers know exactly what they’re buying.

Proponents of the tougher THC rules say the medical marijuana program was created specifically so that Virginians would have access to safer, better-regulated products.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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Michelle Peace, a forensic science professor at Virginia Commonwealth University who specializes in cannabis-related research, said she’s sympathetic to Smith’s plight. But the problem of unregulated products, she said, is clear given the numerous “adverse events” Virginians have experienced from ingesting cannabis products with intoxicating ingredients.

“The unregulated marketplace is dangerous to hundreds of people on a regular basis in Virginia,” Peace said.

Changing the bill to allow products with more THC, she said, leaves the door open to intoxicating products and could create confusion for people who “just want plain old CBD.”

“Consumers have access to a regulated marketplace in Virginia,” Peace said. “So they no longer need to ship products from other states.”

Smith said she’s not eager to switch to a different product available from Virginia’s government-licensed dispensaries because they may or may not have the same effects on Haley as what she’s been getting in the mail from Charlotte’s Web.

“It’s not like switching from cherry Tylenol to orange Tylenol,” Smith said. “There’s so many other implications because of how fragile she is medically. We have major seizures that can end in hospitalization or death.”

Haley is 22 but functions at about a four-year-old level. Smith said that, from her perspective, the medical dispensaries seem geared toward products for adults, not medicine for “someone of a child’s intellect.”

“I’m definitely not going to teach her how to vape something,” Smith said of her daughter.

Smith said she supports the idea of cracking down on bad actors in the industry profiting from selling unregulated or dangerous products, but she said she and others feel “blindsided” by the proposed law.

“You can’t harm all the work that parents like myself and others have done to help our kids,” Smith said. “We got so far.”

This story was first published by Virginia Mercury.

Michigan Attorney General Pushes Congress To Pass Marijuana Banking Bill After Issuing Warrants For Dispensary Break-Ins

Photo courtesy of Kimzy Nanney.

The post Virginia Lawmakers Consider Amending Hemp Restriction Bill To Protect Patient Access To CBD Products appeared first on Marijuana Moment.

The sponsor of a bill to combat the use of banned pesticides at illegal marijuana grow sites argued at a hearing on Thursday that the legislation will protect the health of consumers—especially medical cannabis patients.

The House Natural Resources Federal Lands Subcommittee took up the bill from Reps. Scott Peters (D-CA) and Doug LaMalfa (R-CA), which was introduced earlier this month.

While the idea of yet another stepped up federal effort to crack down on illegal cannabis production might seem like an extension of prohibitionist enforcement at a surface level, the lawmakers have said that the primary intent of the Targeting and Offsetting Existing Illegal Contaminants (TOXIC) Act is consumer safety and environmental protection.

Peters said at Thursday’s hearing that “when cannabis plants are treated with illegal pesticides, the chemicals can be absorbed by the plant and ultimately end up in the consumer product.”

“Consuming cannabis that has been treated with illegal pesticides can trigger a range of negative health effects from lingering nausea and respiratory problems to acute sickness,” the congressman said. “This is particularly concerning for medical cannabis users who rely on the plant for relief from symptoms associated with various medical conditions, but may struggle to afford safe market rate cannabis at current price points.”

Advocates, industry stakeholders and regulators share a broader concern about the environmental damage associated with illicit grows, where banned pesticides are sometimes used and can damage the ecosystem by polluting water and soil and poisoning wildlife.

Subcommittee Chairman Tom Tiffany (R-WI) said that illegal cannabis grows cause “significant environmental degradation, harm to wildlife, increased crime and catastrophic wildfires.”

“The Mexican drug cartels operating these sites are causing enormous damage,” he said. “At one site alone, cleanup crews donning hazmat suits remove 3,000 pounds of waste and trash and over 1,100 pounds of fertilizer and banned pesticides. The chemicals they use are so dangerous. One teaspoon could kill a 600-pound black bear.”

U.S. Forest Service Deputy Chief for National Forest Systems Chris French said at the hearing that “illegal cannabis cultivation affects public safety and the environment, with pesticides poisoning wildlife, soil and water.” He added that the legislation provides “very appreciated” resources to his agency for remediation purposes.

In written testimony, the federal official said his agency “would like to work with the bill sponsors and subcommittee on technical changes to better define the Forest Service’s enforcement authority and the appropriate remediation activities to be undertaken.”

In terms of consumer safety, advocates have long maintained that creating regulated cannabis markets for adults and patients, where products are subject to testing and other compliance policies, can mitigate the risks of consuming contaminated products.

Peters and LaMalfa both represent California, where illicit cultivation has been an ongoing issue despite legalization.

With the majority of California’s localities banning at least some types of marijuana businesses from operating in their areas—and an expansive network of public lands where illicit growers can mask their activities—demand for illegal products persists.

LaMalfa, the Republican sponsor, is no fan of cannabis and even posted an iconic video of himself bulldozing illegal grows alongside law enforcement in California in 2021.

The TOXIC Act, which did not advance last session, is a two-tiered approach to the issue. The bill would provide up to $250 million in funding for the U.S. Forest Service (USFS) over five years to remediate areas where banned pesticides have been used as part of unsanctioned cannabis cultivation and also increase criminal penalties for people who have used those prohibited chemicals.

It would also increase criminal penalties for the use of banned pesticides for illegal marijuana grows, proposing that it be treated the same way as smuggling those pesticides, with maximum penalties of up to $250,000 in fines and up to 20 years in prison.

“The stakes are high for our environment and our health, but too often those who manage illicit grow sites receive slaps on the wrist when they’re caught,” Peters said at the hearing. “The TOXIC Act will help us restore the long-term health of our ecosystems, restrict the cross border flow of toxic contaminants, protect public health and consumers and support regulated cannabis businesses that comply with the law.”

The panel did not vote on the bill on Thursday.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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Congressional lawmakers have also sought to fund remediation efforts related to illegal marijuana grows in appropriations and defense legislation. Last year, for example, Sens. Alex Padilla (D-CA) and Dianne Feinstein (D-CA) proposed a defense bill amendment calling for federal, state, tribal and local collaboration to address remediation of lands damaged by illicit cannabis cultivation.

At the state level in California, officials announced in 2021 that they were soliciting concept proposals for a program aimed at helping small marijuana cultivators with environmental clean-up and restoration efforts.

Last month, the federal Fish and Wildlife Services (FWS) said that the steep costs associated with marijuana business licensing in California are contributing to illegal grow sites, where unauthorized chemicals are being used, thus endangering species of spotted owls.

California officials separately announced last month that the state is launching a first-of-its-kind grant program to support cities and counties in establishing local cannabis business licensing programs to address unmet consumer demand and help curb the illicit market.

The Department of Cannabis Control’s (DCC) Local Jurisdiction Retail Access Grant will provide $20 million in funding to localities across the state, prioritizing those where surveys show a disconnect between the availability of licensed retailers and rates of cannabis use among adults.

Last year, California lawmakers passed, and the governor signed, a bill aimed at combatting the illicit market by reducing legal growers’ costs through the elimination of the state’s cannabis cultivation tax.

Also last year, a pair of GOP congressional lawmakers asked key cabinet officials in the Biden administration to study the environmental impacts of marijuana cultivation—acknowledging both the intensive electrical demand that growing cannabis can involve as well as the role that legalization can play in setting regulations for the plant.

Michigan Attorney General Pushes Congress To Pass Marijuana Banking Bill After Issuing Warrants For Dispensary Break-Ins

Photo courtesy of Chris Wallis // Side Pocket Images.

The post Bill Punishing Illegal Pesticides Will Protect Medical Marijuana Patients, Congressman Says At Hearing appeared first on Marijuana Moment.

WA interstate marijuana commerce; Safe consumption bills; HI legalization dead for 2023; MI AG wants cannabis banking

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/ TOP THINGS TO KNOW

Health and Human Services Sec. Xavier Becerra said the Biden administration still has “a few hoops we need to jump through” before completing an ongoing marijuana scheduling review.

Congress allowed a Washington, D.C. medical cannabis expansion bill to become law. It removes license caps, provides 280E tax relief, lets patients self-certify without doctors, prioritizes equity and allows on-site consumption facilities while providing for enforcement against unlicensed sellers.

Lawmakers in three states have voted to advance bills to legalize safe consumption sites for illegal drugs so far this year.

The Washington State House Regulated Substances and Gaming Committee approved a Senate-passed bill to legalize interstate marijuana commerce.

Hawaii lawmakers will not enact a Senate-passed marijuana legalization bill this year after it failed to get a House hearing by a key deadline—but advocates are hopeful the still-alive measure will advance in the second half of the session in 2024.

The Hawaii Senate Health and Human Services Committee approved a House-passed bill to create a Breakthrough Therapy Designation Advisory Council that would study the therapeutic benefits of psychedelics like psilocybin and MDMA.

Michigan’s attorney general issued warrants for 12 people suspected of being responsible for more than 20 marijuana dispensary break-ins across the state—saying that the incidents highlight the need for Congress to pass cannabis banking legislation.

/ FEDERAL

Senate Banking Committee Chairman Sherrod Brown (D-OH) said the panel’s focus on recent bank failures “doesn’t mean long-term delay” for cannabis banking legislation, “but it means delays a couple weeks.”

Former Rep. Denver Riggleman (R-VA) tweeted, “I’m thinking there might be a correlation between psychedelics and Bigfoot sightings…and alien abductions. And those who constantly say the word ‘globalist.'”

/ STATES

South Dakota Gov. Kristi Noem (R) vetoed a bill that would have allowed hemp products in process to have up to 5 percent THC.

New York Gov. Kathy Hochul (D) announced that the first adult-use marijuana dispensary in the state’s Capital Region will open on April 1. Separately, a top regulator spoke about efforts to roll out legal recreational cannabis sales.

The California legislature’s Joint Legislative Audit Committee authorized an investigation into corruption related to cannabis licensing.

The Georgia Senate Committee on Regulated Industries and Utilities approved a House-passed bill to amend medical cannabis rules but stripped provisions that would have issued additional production licenses. It also heard legislation to change hemp rules.

The Connecticut legislature’s Public Health Committee held a hearing on a bill to allow safe consumption sites for illegal drugs.

A North Carolina representative is preparing to file a bill to fund research on the therapeutic potential of psychedelics.

A Massachusetts senator discussed his bill to provide more transparency and accountability in marijuana regulations.

Nevada’s Cannabis Compliance Board will meet on Tuesday.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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/ LOCAL

The Cheyenne, Wyoming City Council’s Committee of the Whole rejected a marijuana decriminalization proposal.

Austin, Texas police seized 98 pounds of marijuana during the South by Southwest festival.

/ INTERNATIONAL

The Nigerian House of Representatives delayed action on a marijuana legalization bill.

The head of the UK Labour Party said it would not treat cannabis a “low-level” crime, complaining about marijuana smoke that “creeps in” to people’s homes from the street.

A Brazilian judge ruled that a company can grow and manufacture medical cannabis products.

/ SCIENCE & HEALTH

A review concluded that “the majority of [people with epilepsy] across all studies perceived that [non-medical cannabis] aided in seizure control.”

/ ADVOCACY, OPINION & ANALYSIS

Wine & Spirits Wholesalers of America sent a press release about its new call for Congress to federally legalize marijuana.

/ BUSINESS

Curaleaf is closing a cannabis cultivation facility in Bellmawr, New Jersey.

Workers at Grassdoor in Brisbane, California joined Teamsters Local 2785.

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The post Congress lets DC cannabis expansion proceed (Newsletter: March 24, 2023) appeared first on Marijuana Moment.

The attorney general of Michigan says that a string of break-ins at marijuana dispensaries in the state underscore the need for Congress to pass cannabis banking reform.

Attorney General Dana Nessel (D) said that 12 warrants have been issued for people suspected of being involved in breaking into 20 marijuana retailers last year. Their charges range from safe breaking (a felony that can carry a life sentence) to breaking and entering (a 10-year felony).

As pressure builds on congressional lawmakers to pass cannabis banking reform, the state’s top law enforcement official said that the alleged criminal activity is “an unfortunate example of why Congress must pass the Secure and Fair Enforcement (SAFE) Banking Act.”

.@MIAttyGen @dananessel has issued warrants for 12 individuals responsible for over 20 marijuana dispensary break-ins across the state.
Read morehttps://t.co/BSqN2EXNw2 pic.twitter.com/Q1Ri839QfX

— Michigan Attorney General Dana Nessel (@MIAttyGen) March 23, 2023

“Without access to traditional banking the cannabis industry is left as a ripe target for criminals,” she said. “Any legal business should have fair access to our banking institutions for the security of their own business and employees as well as public safety.”

Supporters of the SAFE Banking Act have long argued that enacting the policy change would serve a public safety interest, allowing state-legal marijuana businesses to access traditional financial services, without having to operate on a largely cash-only basis.

Marijuana businesses in Washington State saw a surge in burglaries and robberies, some of them violent or deadly, late last year, according to a report from StoptheDrugWar.org. Nearly 100 shops were impacted over a period of less than five months, it shows.

Washington State Treasurer Mike Pellicciotti has repeatedly raised the issue, and last year he reiterated his call for a federal policy change and discussed steps the state can take on its own while Congress fails to act.

U.S. Senate President Pro Tempore Patty Murray (D-WA) has also pushed for passage of the SAFE Banking Act in the interest of public safety.

Senate Banking Committee Chairman Sherrod Brown (D-OH) said on Wednesday that lawmakers need to act on marijuana banking legislation “this year,” and his Republican counterpart on the panel agrees that the issue will “come to a conclusion likely in this Congress.”

Both Brown and the committee’s ranking member, Sen. Tim Scott (R-SC), spoke at the American Bankers Association (ABA) Washington Summit—one day after the lead GOP sponsor of the SAFE Banking Act urged the financial sector to put pressure on Congress to get the job done.

Brown also said that he’s under the impression that the White House is supportive of the legislation.

That’s a notable detail, as White House Press Secretary Karine Jean-Pierre declined to say what President Joe Biden thinks about the policy proposal during a briefing in January, stating that it was up to Congress.

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Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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House Financial Services Committee Chairman Patrick McHenry (R-NC) also spoke at the ABA summit on Wednesday. He stressed that the SAFE Banking Act is “not a priority” on his agenda, though he acknowledged that several of his Republican colleagues on the panel such as Rep. Dave Joyce (R-OH) are working to advance the issue.

McHenry previously said that while he still opposes the banking proposal, he wouldn’t stand in its way.

On Tuesday, a coalition of cannabis industry associations sent a letter to Senate Banking Committee leadership, urging a swift action on the bipartisan banking legislation, which has cleared the House multiple times in past sessions only to stall in the Senate.

The National Cannabis Roundtable (NCR), National Cannabis Industry Association (NCIA), U.S. Cannabis Council (USCC), Minority Cannabis Business Association (MCBA) and National Hispanic Cannabis Council (NHCC) led the letter to Brown and Scott.

They groups said that the committee should “immediately schedule a hearing to discuss the lack of access to banking and other financial resources that is harming the U.S. cannabis industry, and advance bipartisan legislation expeditiously to improve public safety and provide much-needed access to capital to these businesses.”

Advocates and industry stakeholders have run low on patience with the Senate after leadership failed to pass the banking reform, along with other modest proposals on issues like expungements, as part of the so-called SAFE Plus package last session.

Senate Majority Leader Chuck Schumer (D-NY) said last week that he’s still committed to moving the legislation with SAFE Banking sponsor Sen. Steve Daines (R-MT), even with a divided Congress where Republicans control the House.

After last year’s election, Sen. Cory Booker (D-NJ) said that he believed it could take “many years from now” to pass cannabis legislation if Democrats didn’t get the job done during the lame duck session.

Treasury Secretary Janet Yellen said during a Senate Finance Committee hearing last week that regulators are separately exploring options to address the cannabis banking issue.

Top Federal Health Official Says Marijuana Scheduling Review Still Needs To Go Through ‘A Few Hoops’

The post Michigan Attorney General Pushes Congress To Pass Marijuana Banking Bill After Issuing Warrants For Dispensary Break-Ins appeared first on Marijuana Moment.