Presale orders are now beginning for a fascinating new type of cannabis impairment testing equipment. Current, traditional THC impairment tests can be highly inaccurate, as most only test for THC metabolites, which can stay in a person’s system for a several weeks or more. This problem with accurate drug testing has caused enormous problems with law enforcement all across the country. If they test a person on the spot, the equipment or testing methods they’re using could be inaccurate, which could cause all sorts of legal troubles for them if challenged. Employers, too, are having a hard time with this. Often, an employer may fully understand that a metabolite type of test is not accurate for immediate intoxication. They might even use cannabis themself! But, employers also need business insurance, and those insurance companies often require that employees be drug tested. So while an employer may desperately need employees, and want to hire certain ones, often the insurance companies inaccurate and outdated drug testing policies can prevent that. Perhaps the most concerning, immediate need for accurate employer drug testing is with transportation. We all know the last couple years have brought some serious supply chain issues, and unfortunately improper cannabis impairment testing is causing that problem to get worse. Each of us rely on truck deliveries to keep products in stock. Not just the products we as consumers directly use, but also the countless supplies needed by the businesses we also rely on for our day to day life. Unfortunately, though, the American Trucking Association estimates that there are currently 80,000 unfilled truck driver positions. And despite this huge gap in needed truck drivers, the Department of Transportation reported that more than 70,000 truckers in the last two years have lost their jobs due to testing positive for cannabis use. The Department of Transportation is aware this is, in part, due to inaccurate metabolite testing, and have thus issued warnings to drivers that until they get better testing equipment, drivers should not use ANY form of cannabis, even off the job and in legal states, or even with a valid prescription. Also using CBD gummies for sleep, or topical CBD cream for skin conditions or pain management can show positive for a cannabis metabolite test. So clearly accurate testing is needed. But it also needs to be functional, meaning, it must be portable enough for a cop to easily carry it, fast enough to test on the spot, and undeniably accurate to prevent challenging lawsuits. One company, Gaize, has announced that they have just the thing… and they’re now taking pre-sale orders for their new testing device, which they say will be shipping soon. The technology sounds really interesting… Here’s how they say it works: a virtual reality headset is placed on the subject. The headset uses extremely sensitive, high quality embedded eye tracking sensors to measure eye movement. That data is then used to precisely correlate that to the behavior of sober or impaired eyes. All this is done in just six minutes. Gaize says their tests are highly accurate, as well as also being objective, and something else very important: scientifically defensible, should the results be challenged. The Gaize website says the units are available for law enforcement, as well as employers. And the Chronic Magazine is reporting the Employer cost is $399 a month, so it sounds like a subscription type of service. https://www.gaize.ai/ Texas City Offcials Try to Block Cannabis Decriminalization Measures Just Passed by Voters11/30/2022
Marijuana Moment’s Kyle Jaeger just reported that city officials are trying to block cannabis decriminalization measures in several Texas cities where they were just passed by voters. Voters had overwhelmingly approved the decriminalization measures at the ballot on November 8th in Harker Heights, Denton, Kileen, Elgin, and San Marcos. But after passing those measures, city councils and officials in three of those cities, so far, have made moves to attempt to block those measures. City council members from Harker Heights voted at their meeting last week to repeal the decriminalization measure, overriding the will of the people. City officials in Denton challenged their new decriminalization measures, saying the city is not authorized to make changes to police policies. City council members in Killeen have said there are legal concerns they must sort through before they will allow the decriminalization measure to go into effect. The last two cities of Elgin and San Marcos have not made any objections to their cities newly passed decriminalization measures measures. At least not yet! Mike Siegel, who is a co-founder of Ground Game Texas, which is the activist group which worked to collect signatures for these decriminalization measures, said, “City staff do not have the authority to disregard election results and usurp the will of the voters.” Ground Game Texas has already started collecting more signatures, in an effort to push back against the local leaders and ensure that the will of the people is enacted. Ground Game Texas is also continuing their on-going efforts to help other cities get decriminalization measure in their jurisdictions on the next ballot. Currently they have been collecting signatures for the city of San Antonio. They’ll need to collect at least 20,000 of them by January in order to qualify for the ballot scheduled for May 2023. These city measures are necessary for Texas, because that state does not allow statewide measures on the ballots that are from citizen-led initiatives. Only local jurisdiction ballots can have citizen-led initiatives, if they qualify. Polls have repeatedly shown that Texas, like the rest of the country, has a majority of citizens who support cannabis legalization. Up to 20% of veterans are affected by post-traumatic stress disorder (PTSD). This is a huge factor in the large number of veterans dealing with homelessness, difficulty with employment and thousands of suicides. There have been many studies which show that cannabis can help treat post-traumatic stress disorder. However, because of the Schedule I classification of cannabis, VA doctors cannot prescribe it to their veteran patients, nor will the VA be able to cover any costs associated with medical marijuana treatment. Thankfully, the VA recently clarified that veterans could chose to seek out such treatment on their own, in legal states, and they would not be denied VA benefits for doing so. The bad part of that, though, is that there are many vets who simply cannot afford to pay for this out of pocket, and so they go without. One veteran who served during “Operation Iraqi Freedom,” Anton Harb Jr., has partnered with “NGO Hero Project USA” to do something to help these types of vets, by creating the Veteran Compassion Care Program which will distribute free cannabis for veterans in need. The program will be donating free cannabis products every two weeks to veterans with PTSD or traumatic brain injuries. The donated gift boxes will contain commercial cannabis edibles, smokable flower, vaping supplies and other various cannabis products that have been donated by licensed cultivators, processors, dispensaries, and retail establishments. Right now the program is starting small, with 25 veterans, but Harb says he would love to see this grow into a statewide program across all of Michigan. He says that they have been “inundated with emails from brands that want to participate.” The programs official launch will be in January, and if you or someone you know are in Michigan and would like to participate as a donating vendor or as a recipient vet, check out their website at HeroProjectUSA.org. Press Release: Hero Project USA Partners with The Canna Social Equity Foundation to Launch Veteran Compassion Care in Michigan | Hero Project Southern Illinois University Examines Cannabis as a Possible Prevention for Ovarian Cancer11/30/2022
As we all know, cancer is one of the top causes of death in this country, and also one that very difficult to treat and defeat. The Centers for Disease Control and Prevention (CDC) says that in women, the top reproductive system cancer, is ovarian cancer. Right now, professor Dr. Dale "Buck" Buchanan, at Southern Illinois University’s Cannabis Science Center is leading a team who are researching the potential of preventing ovarian cancer, by examining the relationship between cannabinoid proteins and potentially cancerous ovarian cysts. One of the research assistants, graduate student Didas Roy, said the endocannabinoid system most likely does play some sort of role in the production of ovarian cancer, but it is not yet known what exactly the relationship is between the two, so that is what they are focusing on. A local senate committee has approved a bill to legalize cannabis in Colombia , reported El Tiempo. The bill is not finalized into law, but it is expected to, as Columbia’s Minister of Justice, Néstor Osuna, said the national government does support it. Once this bill is finalized and goes into effect as law, cannabis would be legal for all adults over 18 in Columbia. The bill states it will allow “citizens to decide on the consumption of cannabis in a regulated legal framework.” Columbia’s Minister of Justice, Néstor Osuna, pointed out that Colombia has been the victim of “a failed [drug] war that was designed 50 years ago and, due to absurd prohibitionism, has brought us a lot of blood, armed conflict, mafias, and crime.” He also added, “We believe that it is very important that this step be taken towards a responsible market—a responsible regulation that allows us to overcome this prohibitionist atmosphere.” Oregon Governor Kate Brown has announced that she will be pardoning an estimated 45,000 people for prior cannabis convictions for simple posesssion. The state also says they will be forgiving more than $14,000,000 in associated fines and fees. The pardons will help remove ineligibility barriers for tens of thousands of people when seeking employment, housing, and educational opportunities. The pardon applies to convictions prior to 2016 for possession of 1 ounce or less of marijuana, as long as they were 21 years of age or older, this was the only charge, and there were no victims. Governor Brown’s said in her press release, “No one deserves to be forever saddled with the impacts of a conviction for simple possession of marijuana — a crime that is no longer on the books in Oregon.” Following the Governor’s pardon, the Oregon Judicial Department will ensure that all court records associated with these pardoned offenses are sealed, as required by law. More information can be found here. Florida’s agriculture and consumer services commissioner, Nikki Fried, filed a lawsuit earlier this year against the federal government. She was suing to allow medical marijuana patients the right to buy and own firearms. Current Federal law bans anyone who uses cannabis, even medical patients, from owning firearms, and they face felony charges if they lie about their marijuana use on the federal firearm application. Fried’s lawsuit had argued that the federal ban requires state legal medical marijuana cardholders to choose between their health and their Second Amendment right. Earlier this month, a US District Judge gave a final ruling against Fried’s case, stating that cannabis users, even medical patients, are simply “too dangerous to have guns.” Judge Allen Winsor also compared cannabis users to the mentally ill, saying that neither group should be allowed to have guns because, as he wrote, “both categories of people can be dangerous when armed.” Fried isn’t done fighting for cannabis users rights, though. She said, “I will never stop being an advocate for full cannabis legalization." Fried announced that she has filed an appeal, and said, “Our appeal today is an important step in the fight to make sure no patient has to choose between their rights and their medicine.” Fried believes that the ruling would not have gone against her suit if the state had sought opinions from licensed medical providers and advisors who she believes would back her suit. Fried said, “Medical cannabis patients have the same Second Amendment rights as every American. Federal law cannot deem it illegal for a medical cannabis cardholder to purchase a firearm.” Russia’s deputy foreign minister, Sergei Ryabkov, has just said that there has been new “activity” in the possibility of a prisoner swap for WNBA star Brittney Griner and former Marine Paul Whelan. ESPN reported that Ryabbkov said, “The Americans are showing certain activity and we are working on this through appropriate channels.” Ryabkov acknowledged that the two countries have not yet been able to find ‘’common ground,” but he said Russia is “hoping for a positive result,” in discussions about swapping Griner and Whelan for Russian arms Dealer Viktor Bout. However, despite his optomistic statement, ESPN quoted a U.S. State Department spokesperson saying, “… that the Russian Federation has consistently failed to negotiate in good faith,” and that, “The Russian government’s failure to seriously negotiate on these issues in the established channel, or any other channel for that matter runs counter to its public statements.” Regarding the U.S. proposal for a prisoner swap, White House press secretary, Karine Jean-Pierre said, ”… despite a lack of good faith negotiation by the Russians, the U.S. government has continued to follow up on that offer and propose alternative potential ways forward with Russians through all available channels.” Griner has been in Russian custody since February when she was caught at Moscow’s International airport with a small amounf of cannabis vape cartridges. She was sentenced to 9 years in prison, and her appeal was denied. Earlier this month, she was transferred to a Russian penal colony. But Griner is of course not the only person in jail for cannabis. The organization called the Last Prisoner Project says that, “tens of thousands of cannabis prisoners [are sitting in a jail cell] today in the United States alone, [with] countless others languish[ing] in [other] jails and prisons worldwide.” Kentucky currently has no laws allowing for legal medical or recreational cannabis, but Governor Andy Beshear has long been trying to change that. Earlier this month, Governor Beshear issued an executive order intended to decriminalize medical cannabis. Governor Beshear issued statement saying that people who are charged with or convicted of possession of up to 8 ounces of medical marijuana could be issued a prospective pardon if certain conditions are met. The conditions require that the individuals have a “certification” from a Kentucky physician which shows they qualify as having a specified medical condition, and are able to provide proof that the medical cannabis was purchased in a state where it is legal to do so. The bill Governor Beshear issued does not change any laws or create any sort of regulation. It just means that people who meet this criteria could be pardoned at the state level. Governor Beshear said this executive order will go into effect on January 1, 2023. On the opposite side of this story, though, there are many lawmakers in the conservative state who have criticized the Governor’s action, calling it a power grab and saying it overstepped the legislative process. Last week during a House Subcomittee meeting, Texas Congressman Pete Sessions drew harsh criticism for comparing cannabis legalization to slavery. The statements were made during a hearing by the House Subcommittee on Civil Rights and Civil Liberties, which was held to examine the many benefits of cannabis decriminalization at the federal level. Maryland Democratic Representative Jaime Raskin, who chaired the committee, opened the hearing on a more positive note, by saying that “decriminalizing cannabis would benefit a lot of communities, including especially people of color, individuals incarcerated for non-violent offenses, veterans, and federal employees.” He also pointed out how it would benefit the small businesses by providing banking access. During the hearing, committe members heard testimony from the heads of several cannabis advocacy groups who “discussed how decriminalizing cannabis at the federal level would improve treatment options for veterans and help address the racial disparities in the criminal justice system,” as well as help cannabis businesses with banking access. Witnesses included: Randall Woodfin, Mayor of the City of Birmingham, Alabama Paul Armentano, Deputy Director of National Organization for the Reform of Marijuana Laws Andrew Freedman, Executive Director of Coalition for Cannabis Policy, Education, and Regulation (CPEAR) Eric Goepel, Founder and CEO of Veterans Cannabis Coalition Keeda Haynes, Senior Legal Advisor of Free Hearts Amber Littlejohn, Senior Policy Advisor for Global Alliance for Cannabis Commerce Jillian Snider, Policy Director of Criminal Justice & Civil Liberties, R Street Institute. Ultimately, the subcommittee members and witnesses finsished their meeting by concluding that the federal government should establish protocols to regulate cannabis as it does alcohol—including by removing cannabis from the list of controlled substances. But it was during the meeting that Texas Republican Representative Pete Sessions caused a stir with his bizzare and highly offensive correlation between cannabis legalization and slavery. Sessions, who is white, spoke about cannabis, saying, “The product is being marketed. The product is being sold. The product has been advocated by people who were in it to make money. Slavery made money also and was a terrible circumstance that this country and the world went through for many, many years.". Other committee members were quick to call out Sessions for his offensive comments. South Carolina Republican Representative Nancy Mace was the first to do so, calling Sessions’ remarks “a disgusting comparison.” Maryland Democratic Representative Jaime Raskin, who chaired the committee, agreed with Mace, saying, “I would begin by associating myself entirely with [her] remarks,” and added, “I think we can all disavow that, and we apologize that that the lectern was used for that purpose at some moment today.” Birmingham Mayor Randall Woodfin, spoke after Sessions. Mayor Woodfin was at the meeting to testify on how he pardoned several thousand Birmingham residents of their misdemeanor marijuana convictions, spoke after Sessions’ statement. Mayor Woodfin said, “While I’m on record, I would just like to say to you directly, your committee members, that putting cannabis and slavery in the same category is patently offensive and flagrant.” Twitter user Luke Sheppard used humor to discredit Sessions, by pointing out that Session’s argument about cannabis being used to “make money” could be applied to virtually anything. He wrote, “Hamburger is being advocated by people who are in it to make money. Television is being advocated by people who are in it to make money. Wallpaper is being advocated by people who are in it to make money. Ivermectin is being advocated by people who are in it to make money.” And reporter Zack Linly, of NewsOne, wrote about how Sessions statement smacked of hypocrisy, writing, “It’s just wild how Republicans are pro-capitalism and pro-“the past is the past” in regard to slavery until it’s time to make erroneous arguments like this.” Linley also added that this was, “the dumbest anti-cannabis argument heard since Fox News’ Laura Ingraham tried to blame marijuana use for school shootings.” The National Organization for the Reform of Marijuana Laws’ Political Director Morgan Fox summed up the whole mess with a tweet, calling Sessions statement, “shameful,” and asked, “Texas, when are you going to send Pete Sessions packing?” New York Adult Use Retail Cannabis Market Creeps Closer to Opening with New Licensees Announced11/25/2022
New York’s Office of Cannabis Management has announced that they have offically awarded the state’s first 36 conditional dispensary licenses to social equity groups, moving the state closer to their first legal adult use retail cannabis sales. In the group of 36 licensees, there were 8 nonprofits and 28 individuals. This first group of licensees was chosen from 903 applications that were submitted. And, the state will use this same applicant pool to also award licenses to an additional 122 businesses and 17 nonprofits moving forward. In addition to countless New York residents who are anxious for the legal adult use sales to begin, there are also dozens of licensed cultivators and processors who are also very anxious for sales to start, because they are sitting on an estimated $750 million worth of cannabis ready to sell. The newly awarded licensees will now need to jump through a few more hoops, and submit a secondary supplemental application showing approval from a municipality before they are fully licensed and ready to go. The state has a $200 million fund set aside to help these businesses get up and running quickly. New York has long been promising that legal adult use sales would begin before the end of 2022. Here is a list of the first awarded licensees: 1. Capital District Cannabis & Wellness Inc – Capital Region 2. William Durham – Southern Tier 3. D-Andrews LLC – Capital Region 4. Nube NYC LLC – The Bronx 5. Gabby Green LLC – Queens 6. Essential Flowers – Capital Region 7. Brian Stark Enterprises LLC – Long Island 8. Albert D Capraro – Long Island 9. Strain Stars LLC – Long Island 10. On Point Cannabis, Inc. – Binghamton 11. Smacked LLC – Manhattan 12. Brent L Rogers – North County 13. Root 13, LLC – Long Island 14. Gabriel Marin – Manhattan 15. Housing Works Cannabis LLC – New York City 16. Florisun LLC – Manhattan 17. Growth Industries – Long Island 18. The Doe Fund LLC – New York City 19. Carl M. Anderson III – The Bronx 20. Royal Leaf NY LLC – The Bronx 21. Keep It A 100 LLC – Long Island 22. CGG Enterprises Inc – Queens 23. CURED NY, LLC – Mohawk Valley 24. Kush & Kemet, LLC – Queens 25. Urban Weeds LLC – Queens 26. GOTHAM CAURD LLC – New York City 27. CWS Holdings I, LLC – Ithaca 28. EASTERN HOLDINGS 88 LIC – Staten Island 29. PLANET 51 LLC – Manhattan 30. Stage One Cannabis LLC – Capital Region 31. Suzanne M Furboter – Queens 32. NYCCABUDS – Center for Community Alternatives – NYC, Rochester and Syracuse 33. Anthony Crapanzano – Queens 34. SAMJNY Holdings LLC – Staten Island 35. Union Chill Cannabis NY LLC – Southern Tier 36. Hydro Phonics – Long Island We reported last week that Cresco Labs, who has been in process of aquiring Columbia Care, announced that they are selling certain Cresco and Columbia Care assets in New York, Illinois, and Massachusetts to Combs Enterprises, which is owned and controlled by music figure, Sean Combs, otherwise known as “Diddy” and previously, “Puff” or “Puff Daddy.” The assets include facilities that will enable Combs Enterprises to grow, manufacture, distribute, and sell their branded products in the states where they are located, which again were New York, Illinois, and Massachusetts. However, New York’s State Office of Cannabis Management has just released their proposed regulations list for the state, and they are causing headaches for Multi State Operators. With Combs Enterprises asset purchases making him a multi state operator, his new aquisition may not be so great. These are, again, just "proposed," but they're likely to stay the same. The part of the new regulations that MSOs are really focusing on is Section 123.17 (d). It basically says that if you want to operate a licensed cannabis retail business in New York State, you cannot hold a direct or indirect interest in any licensed cannabis business outside of New York state. This applies to owners, operators, investors, landlords, financiers, or management service provider for any licensed cannabis cultivator, processor, distributor, retail store, delivery service, or laboratory that is outside of New York State. This rule probably even applies to those who own stock or interest in a fund which happens to invest in cannabis businesses. So, if you want a license to operate a retail cannabis business in New York State, you will not be a Multi-State Operator. You’ll be limited to New York only. And that also applies to Sean Combs new asset purchase. Since he aquired asssets from Cresco Labs and Columbia Care that are located in Illinois, Massachusetts, and New York, he will not be able to operate retail cannabis locations in New York State. On the other hand, Combs could still operate in New York’s medical marijuana market. There are also many Multi-State Operators who will also now have to drop any plans for joining the New York state retail cannabis market. ThoseMSO’s who are already in the state as a medical marijuana provider can continue in the medical market, they just can’t expand to adult use retail sales. Or, the multistate operators could reclassify themselves as distributors within the state. This way, as distributors, they can have their branded products for sale in retail stores owned by other vendors. Likewise, existing brand names from other states can partner with distributors to create New York grown products, with their brand name on it, for selling in New York retail stores. Some love this new proposed regulation and feel it could keep New York’s medical marijuana industry flourishing, pointing out that often when a state opens up to retail sales, the medical market dies down, whereas this rule could have the Multi-State Operators working to keep that avenue open and strong. Others have said that they feel this new regulation is ‘terribly designed’ and will leave new retail store license holders with a lack of investors with cannabis experience. Their thought is that perhaps the regulation could be modified to apply only to New York licenses for cultivation and manufacturing businesses. As mentioned earlier, at this time, these regulations are just proposals, and not yet finalized. Cresco Labs has been in process of aquiring Columbia Care, and as part of closing that transaction, Cresco was required to announce the selling of other assets. Thus, they have just announced that they will be selling certain Cresco and Columbia Care assets in New York, Illinois, and Massachusetts to Combs Enterprises, which is owned and controlled by music figure, Sean Combs, otherwise known as “Diddy” and previously, “Puff” or “Puff Daddy.” The assets sold will give Combs the ability to grow and manufacture cannabis products, and distribute those branded products to licensed dispensaries in major metropolitan areas like New York City, Boston, and Chicago. He will also be able to operate retail stores in all three states. This is Combs first investment in the cannabis industry, and it will make him the very first minority owned, vertically inetegrated, multi state operator. Charles Bachtell, Cresco Labs’ CEO, called this transaction, “momentous … and incredibly exciting.” Columbia Care CEO and Co-founder, Nicholas Vita, added, “These assets offer the Combs’ team significant market presence, enabling them to make the most impact on the industry as a whole.” Sean Combs commented on the deal, saying, “…this acquisition provides the immediate scale and impact needed to create a more equitable future in cannabis.” Those in the cannabis industry are already well aware of the dreaded IRS Tax Code Section 280E, which prevents cannabis businesses from reducing their taxable income by their business expenses. 280E disallows normal business “deductions” for cannabis companies, and creates huge income tax liabilities. What many may not be aware of already, though, is that it also prevents cannabis companies from tax settlements. Normally, when a tax liability is assessed, the IRS has up to 10 years to collect from the taxpayer. During that time, taxpayers may be allowed to pay in installments, which are usually around six years for individuals and three years for businesses, but the IRS can allow for certain installment cases to be up to 10-years. After a few years of payments, the IRS may also sometimes offer a compromise of full debt settlement for pennies on the dollar. But those settlements are off the table for the cannabis industry. Many cannabis businesses facing huge tax debt that they can’t pay are waiting and hoping for Federal change to see if they can someday settle their taxes. If a cannabis business is in tax debt, Bloomberg tax experts say it’s crucial for them to settle their state and local taxes first, because the IRS provides credit for state payment plans. Additionally, the states can be more aggressive in collections and a business can lose their license. Once the state taxes are under control, the taxpayer can focus on its federal tax debt. One very important difference is whether the cannabis company owes the tax debt or whether it is owed by the individual owners. For owners with tax debt, offers are unavailable, and the IRS can collect against their personal assets and income. For corporate debt, the individual owners are not liable, and the IRS collection powers are limited to the company’s profits and assets (although the agency can’t seize the marijuana). If there is no profit, and the company is current, the IRS will stand by and wait. Hopefully the cannabis industry will get some federal legislative tax relief - and soon! The American Dental Association, or ADA, says that just over half of all dental patients arrive high on marijuana or another drug. The ADA issued a press release about this, and they suggested that patients try to refrain from using marijuana before dental visits. Surveyed dentists reported they sometimes need to increase anesthesia in patients who are high, because of how marijuana and anesthesia impact the central nervous system. ADA spokesperson Dr. Tricia Quartey, a dentist in New York said, “Marijuana can … increase heart rate and has unwanted respiratory side effects, which increases the risk of using local anesthetics for pain control.” Because of this, the ADA recommends patients speak openly with their dentist while reviewing health history during dental visits. Dr. Quartey said, “If we ask, it’s because we’re here to keep you in the best health we can.” On anther note, the ADA also pointed out that studies have also shown regular marijuana users are more likely to have significantly more cavities than non-users. Dr. Quartey said, “The active ingredient in marijuana, THC, makes you hungry, and people don’t always make healthy food choices under its influence … Medically speaking, munchies are real.” Lastly, the ADA press release reminded marijuana users that keeping up with regular dental visits is necessary for keeping your mouth healthy, because as they said, “Smoking marijuana is associated with gum disease and dry mouth, which can lead to many oral health issues.” The ADA recommends that patients who use marijuana brush twice a day with fluoride toothpaste, visit the dentist regularly, and watch out for those muchies! For more information on the oral health effects of marijuana, visit ADA.org. The American Dental Associations Media Relations [email protected] The various forms of cannabis medicine can be confusing. Most people feel pretty comfortable with the terms marijuana, cannabis, CBD, and THC. But there are also pharmaceutically-developed, cannabis-based prescription medications such as Marinol, Epidiolex, and Sativex. First we will look at Marinol, which can also be sold as Syndros, or it’s generic form called Dronabinol. This is a synthetic, laboratory made version of THC, that was approved by the US Food and Drug Administration in 1985 for treating nausea and vomiting caused by chemotherapy, and also used for combatting weight loss and appetite loss due to AIDS or HIV. In addition to these health benefits, it can also cause some patients to experience a high from the synthetic THC. Next up we’ll look at Epidiolex, which contains a purified CBD compound derrived from the marijuana plant. It does not contain any THC. Epidiolex was approved by the FDA in 2018 as an anti-epileptic drug to treat very rare forms of seizures. It is also used for tuberous sclerosis complex. Epidiolex is the very first drug containing natural marijuana plant extracts to ever be legalized by the US Food and Drug Administration . Lastly we will consider Sativex, which is another natural marijuana plant based drug. Sativex is a mouth spray which contains both CBD and THC extracts. It is usually prescribed for the treatment of multiple sclerosis side effects, such as spasticity, bladder conditions, pain, sleep problems, and tremors. Sativex can be found in the United Kingdom, Norway, Switzerland, Turkey, and Mexico. As for non-pharmaceutical cannabis medicine, the marijuana plant itself is pure, natural medicine. And as such, it is safer and more well tolerated when compared to pharmaceutical drugs. Speak to a cannabis-knowledgeable doctor to help you make the best choices for your needs. Is it really necessary to remind people not to lick the wildlife? Toad-ally! National parks are known to have very logial rules laid out for patrons. Gentle reminders to not leave trash, not take artifacts, and of course… don’t feed the bears! But recently the U.S. National Park Service issued a strange reminder for visitors, asking them to ‘please refrain from licking’ toads! The park reminded people that the Sonoran desert toad, also known as the Colorado river toad, is highly toxicc to humans. People can get sick if they touch it, or be poisoned if it get’s into their mouth. But what people have also learned about the toxic secretions, is that they contain a powerful hallucinogenic known as 5-MeO-DMT, and because of this, licking the toad has actually become pretty popular. In fact, it’s become so popular that New Mexico’s Department of Game & Fish has said that due to "collectors that want to use the animal for drug use," the species is now considered threatened in New Mexico. So stay safe and head up to Colorado or Oregon where DMT has been decriminalized, and partake safely. And remember… “please don’t lick the toads”! High Times is one of the most recognizable names in cannabis. Their holding company, Hightimes Holding Corp., announced this week that they are expanding their California cannabis portfolio by aquiring the cannabis company: Moxie.
Moxie was the first licensed cannabis company in California. This new deal includes High Times Holding aquiring Moxie’s manufacturing facility, flowering canopy cultivation, and an exclusive 99-year license to use the Moxie, MX and HighNow brands in California. Paul Henderson, the Chief Executive Officer of High Times, noted. “This move opens the door to a whole new world of brands from the High Times organization.” Prior to this acquisition announcement, High Times already owned and operated 8 retail stores in California, has licensing agreements for stores in Michigan and Florida, and have branded cannabis products available in 6 markets. Despite voters shooting down legalization measures in Arkansas, North Dakota, and South Dakota, comprehensive surveys still show that the majority of citizens do support legalization, even if they did not support the specific initiatives that were before them.
There are many factors why legalization measures in those states didn’t pass this time. For one, it’s an increasingly bipartisan issue. Someone may support legalization, but they support their political party more, and so vote according to party lines. Another important reason is who are the people who are actually getting out there and doing the voting. Records show that older, conservative, Republicans are the most likely to show up and vote, especially during the mid term elections. And that demographic is the least likely to support cannabis legalization measures. Also, as usual, cannabis opponents mounted serious campaigns to try to persuade voters against legalization measures. Some advocates have said that donations from national cannabis companies have been focusing more of their contributions on federal reform, and not as much towards other elections. And while these legalization defeats can be discouraging for some cannabis advocates and fans, it’s worth recognizing that not all measures are necessarily the most beneficial for the industry or consumers. What this means is that sometimes cannabis advocacy groups themselves can also campaign against legalization measures. This may be due to the way legislation is written, and differing opinions on what is or is not the correct way to reach legalization. They may all want and work towards eventual legalization, but the path they feel is best can differ, and thus, certain measures can fall by the wayside for now, while new measures are written for future votes. Legislatures and advocates can disagree about measures based on such as things like licensing, equity, expungements, tax rates, revenue distribution, home grow rights and more. These kinds of policy disputes were issues in several states during this past mid term election. And while consumers and businesses may be frustrated by delays, it’s important to understand these reasons behind legalization measures failing, so that changes can be made to get them passed next time. California is the most populated state in the U.S., with close to 40 million people. But despite the population size, the state has less than 900 legal dispensaries. The Center for Disease Control estimates that 18% of American’s use marijuana, which means there has clearly been a serious need for more dispensaries in the state!
One of the reasons for so relatively few retail locations is that many municipalities had not been willing to allow them in their jurisdictions. But, after educational campaigns and efforts, this month, mid-term voters in several California cities showed that they are willing to support cannabis commerce in their towns. California voters approved local ballot measures in twelve municipalities this month that will either expand or create retail cannabis markets. Eventually, these new local approval measures should translate to more than 70 new retail licenses in the state, as well as countless other ancillary business opportunities. Most of the new approved locations are centered in Southern California. Los Angeles, which is America’s most populous county, could create 25 new retail licenses. San Diego, which is the country’s fifth-most-populous county, and currently only has approved only five marijuana licenses within it’s jurisdiction, can now create 20 new retail licenses. Orange County is traditionally more conservative, but they have voted approval for what could equate to 10 new retail licenses in locations such as Huntington Beach and Laguna Woods. On the other end of the spectrum, California voters rejected six other ballot measures in the cities of Sacramento, Redondo Beach, Hermosa Beach, Manhattan Beach and El Segundo. Hirsh Jain, who is the Founder of Los Angeles-based cannabis consultancy Ananda Strategy, pointed out that sometimes it’s the way a measure is written that can be the problem. He said, “Even though people may have been OK with legal sales, they were not OK with these measures.” Jain believes that it’s the perception of monopolies or unfair business advantages that can turn voters off. He pointed out that clearly a majority of people support legal cannabis, but well written, balanced measures are needed. He said, “It’s really a wake-up call that we have to sit down and pass public policy that designs regulation, or we’re going to keep having these battles.” Leafly’s Bruce Barcott wrote a great article on the lessons we can learn in the cannabis industry after elections like we just had. And one point he brought up is that when it comes to cannabis legalization, who citizens elect for state Governor, really matters.
While cannabis remains a state issue, Governor’s wield a lot of power. National media’s obsessive focus on Congress and the President tend to make us forget that governors matter too. In Arkansas, a popular current Governor (Asa Hutchinson), a popular former Governor (Mike Huckabee), along with his daughter and very popular Governor-elect (Sarah Huckabee Sanders) all loudly opposed the legalization effort, and subsequently that state’s legalization efforts failed. In South Dakota, Governor Kristi Noem has used her position and it’s power to defeat legalization by managing to reverse the 2020 measure which voters passed, and again this month she used her influence to squash the 2022 legalization measure. Past Governors in New Jersey and Maine (Chris Christie and Paul LePage, respectively) were able to use their power to promote their prohibitionist positions to both slow down and undermine medical and adult use legalization. On the other hand, one of two states which just passed adult use legalization measures, Maryland, is fortunate to have also elected Wes Moore, who is a legalization advocate with what the National Organization for Marijuana Reform, or NORML, calls an A-rated pro-cannabis voting record. On November 10, 2022, a federal judge temporarily stopped New York’s Office of Cannabis Management (OCM) from issuing conditional adult-use retail dispensary (CAURD) licenses in certain parts of the state. This was because of litigation over the application’s state residency requirements.
This case has implications on New York licenses … but even more importantly for the country’s cananbis industry, the outcome of this case could ultimately open the way for interstate cannabis commerce! But first, for New York state, their retail market is being held up. The state has not yet issued any licenses, but is in process, and plans to soon begin issuing 150 of them. And those license applications include wording that says an applicant must demonstrate “a significant presence in New York State, either individually or by having a principal corporate location in the state.” Because of this residency requirement, one cannabis company sued the state of New York on grounds that the residency requirements violate the U.S. Constitution’s “dormant commerce clause”. (A copy of the full decision is available here.) This clause prohibits states from enacting laws which inhibit trade among the states. It grants the federal government jurisdiction over any interstate commerce if a state law or regulation prohibits or prevents interstate commerce by favoring its residents over the residents of other states. Just a few years back in 2019, the US Supreme Court used this clause to rule that a residency requirement for Tennessee retail liquor stores was unconstitutional. This recent ruling was just a preliminary injunction, so it could be overturned. It’s also limited to five geographic areas within the state. The state may be able to get around this clause if they are able to explain why their regulations are narrowly tailored to residents in a way that doesn’t violate this constitutional clause. Thus far, they have not done so, but the case is on-going. The other very important reason to follow this case’s outcome closely, is that the final ruling on this Dormant Commerce Clause’s application to cannabis could potentially open the way for interstate commerce! If the final ruling does find that this US constitutional ammendment applies to cannabis, then potentially all state cannabis regulations which restrict licensees from purchasing only from instate suppliers could also be unconstitutional. Industry and expert, David Rabinowitz, wrote about this potential, saying, “…interstate commerce is becoming closer to a reality as court decisions set the table for interstate trade.” So while our US legislative representatives have been dragging their feet and squabbling between parties over legalization and banking issues, Rabinowitz believes the courts are the way to ultimate cananbis freedom. He writes, “Cannabis progress will happen in the courts, driven by decisions like these.” And he emphasizes his conviction by adding, “Count on it!” This week, NJ Spotlight News posted an interview with New Jersey Democratic Senator Cory Booker.
Booker has previously spoken about his hopes that cannabis legislation could be passed during this year’s “lame duck session”. That is the period between the November mid-term elections and early January, when the new Congress session, with newly electeed congressional representatives, begins. When asked in this interview about his views on the likelihood of this happening now, he said, “There’s a greater understanding on these issues—and I just have a feeling that we can get something done. … But the problem we have right now is the clock. There’s very little time in this lame duck and a lot of things that people want to do.” It’s “going to be hard to get as much done as we need to.” Booker has previously spoken optimistically about introducing marijuana legislation measures and the SAFE Banking Plus package during this period. And while this week he sounded cautious about the limited time available, he also signaled that there is an urgency around marijuana issues over the next few weeks in the Senate. Booker said that the imminent Republican Congressional majority set to take over in January is probably not likely to advance any cannabis issues. He said, “… even though there’s a lot of House members from states that have legalized marijuana in one way or the other—I just don’t see the Republicans wanting to advance that.” Booker added, “So it’s either now, or it might be many years from now.” It’s happening now!!
If you’re not already in Las Vegas, you need to get down there and attend the MJBIZ CON 2022 which is taking place November 15-18. It’s one of the largest cannabis conferences of all, held at the Las Vegas Convention center, and attracts more than 35,000 people. This year the 280,000 square feet of exhibition space showcases more than 1400 exhibitors. Additionally, there will be 180 speakers with some of the biggest names in cannabis and top level executives and insiders. And of course, there will also be countless networking opportunitites! We will be attending this week, and have a full report when we’re back. If you are there, or are headed there, let us know! We’d love to hear your thoughts on what you experienced! Drop us a line or message us for a meet up! You can reach The M News Now via twitter, linked in, leafwire, or email us at: [email protected] A Congressional hearing will take place next week to discuss bipartisan cannabis reform issues at the federal and state level. On Tuesday, the House Oversight Civil Rights and Civil Liberties Subcommittee posted a notice announcing the meeting, which will take place on November 15th. The congressional meeting is titled, “Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level.” It’s not clear if the hearing will focus on any specific pieces of federal marijuana reform legislation, but Rep. Nancy Mace (R-SC), who serves as the GOP ranking member on the panel, previously told Marijuana Moment that she had received a “promise” from leadership that her States Reform Act (SRA) would be taken under consideration in the panel. The States Reform Act legislation would end federal cannabis prohibition and also take steps to ensure that businesses in existing state markets can continue to operate unencumbered by changing federal rules.
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