September 18, 2020
Hemp industry asks New York to release draft regulations
Cannabis farmers, processors and business leaders urged the Cuomo administration Tuesday to release long-awaited draft regulations that will set quality standards, labeling requirements and other rules for selling hemp products in New York. Key context: With the new hemp regulations set to take effect in January, the New York Cannabis Growers and Processors Association called on Gov. Andrew Cuomo and state health officials to immediately share the proposed rules.
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September 17, 2020
Proposed Roxbury pot shop stirs debate
WHEN IT COMES to the debate over marijuana legalization in Massachusetts, the horse has left the barn. Voters legalized recreational marijuana sales via a 2016 statewide ballot question, and pot shops are becoming part of the landscape. But just because storefront weederies are legal doesn’t mean they are necessarily desirable. That’s the argument some are putting forward in the debate over a proposed pot store in Nubian Square in Roxbury. There was lots of support for a dispensary in the business district during a virtual community hearing on Tuesday night — but also opposition from a well-known activist who has spent decades working to uplift the neighborhood. The Boston Herald reports that Sadiki Kambon, chairman of the Nubian Square Coalition, spoke strongly against the proposal. “We have many families and students in the immediate area, along with visitors and shoppers, and do not want the visual of individuals standing in line to purchase … marijuana in order to get high,” Kambon said. The proposal needs approval first from a city cannabis review board and then must go to the state Cannabis Control Commission, which licenses marijuana businesses. Legalization proponents have argued that marijuana laws had a particularly devastating effect on black communities, where lots of people got criminal records for pot offenses that held them back from employment and educational opportunities. Indeed, the state cannabis commission’s website says it is “committed to an industry that encourages and enables full participation by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement.” That social equity argument was on full display at last night’s hearing, where Brian Keith, one of four co-owners of the company looking to open a store in Nubian Square, spoke about building “generational wealth” through a business “that’s 100% people of color owned and 100% people of color invested.” There may be a generational divide to the issue. Kambon, a veteran of decades of activism, is both a figurative — and now literal — greybeard of the Roxbury community. The only other person the Herald quotes speaking against the proposal is 78-year-old Alvert Owens. Voters “should never have made it legal because people start out with marijuana and then go on to some other drug,” Owens said. “There’s enough of that around here.”
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September 17, 2020
DEA: Hemp rules raises concerns among the CBD industry
In the latest developments between legalized hemp and illegal marijuana, the DEA recently released proposed rules for hemp and CBD just this month. With the agency explaining how it plans to redefine marijuana to exclude hemp, the DEA's new interim final rule has some in the CBD industry questioning the DEA's motives. "The federal government description, legal definition of hemp, is it contains less than 0.3% THC content. Thereby, not making it marijuana," said Dante Sorianello, the assistant special agent in charge of the Drug Enforcement Administration in the San Antonio district. Ever since hemp has been legalized, CBD has become a popular ingredient lately. Businesses are selling CBD products made into lotions, capsules, gummies so long as its THC concentration is less than 0.3%.Those who use it, claim it can alleviate pain or other conditions such as anxiety, depression and insomnia. But according to the DEA, it's impossible to tell the difference between marijuana and hemp with the naked eye. "If the THC content exceeds that, it is considered marijuana in a controlled substance," said Sorianello. There are 2 species of the cannabis plant, one that produces hemp, the other, marijuana. The difference amounts to how much of the psychoactive compound THC, or tetrahydrocannabinol, they contain. "THC is the chemical properties of the marijuana plant that give you the different influence behavioral patterns," said Sorianello. A concern the hemp and CBD industry has is how much the DEA is taking matter into their own hands with their proposed rules. But according to the DEA, the problem is that some are finding new ways to mix weed with legal hemp and selling it for more. "Most of what we're seeing is, it's really not CBD they're disguising it. It's high THC content, edibles, oils and other things that come in from places such as Colorado where I recently was, and it's just absolutely amazing to see the marijuana dispensary, dispensaries on virtually every other corner," said Sorianello. Trying to differentiate between the two, requires testings from a lab and drug traffickers are figuring out, not everything is going to be tested. In your neighborhoods, on the streets, Fox San Antonio and the DEA will keep you informed and safe.
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September 16, 2020
Advocates to drop their legal challenge over Utah’s marijuana initiative
The last major court dispute over Utah’s controversial Proposition 2, legalizing medical marijuana, is over — for now. Patient advocates announced Monday they were ending what remained of a lawsuit filed against the state Legislature’s 2018 move to replace the voter-approved Utah Medical Cannabis Act with its own House Bill 3001. A spokeswoman for Together for Responsible Use and Cannabis Education in Utah confirmed the group, which had brought the legal case along with the Epilepsy Association of Utah, would file in state court to withdraw the matter. TRUCE founder, brain tumor survivor and longtime cannabis activist Christine Stenquist said the case was being pulled due to their inability to keep paying legal costs in their two-year battle. Groups first sued after state lawmakers altered Prop 2 despite its 2018 passage by 53% of state voters. “While this lawsuit is coming to an end, the fight for a real medical cannabis system for the state of Utah, which will meet all patient needs, continues,” Stenquist said. A spokesperson for the Utah Attorney General’s Office declined to comment on the case Monday. Sen. Evan Vickers, R-Cedar City and the sponsor of HB3001, did not respond to an inquiry seeking comment. Stenquist says the case, brought against Gov. Gary Herbert and other state leaders over HB3001, eventually forced Utah legislators to remove key portions of the revamped law — rules that Proposition 2 proponents claimed were designed to curtail marijuana distribution in Utah against the public’s will. “We did get a big win out of that. We absolutely crushed it,” said Stenquist, who noted that legislators later deleted the requirement that state and local health departments serve as cannabis outlets in a hastily convened special session.
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September 16, 2020
For first time, House will vote on bill that would legalize marijuana on federal level
For the first time, a bill to legalize marijuana at the federal level will soon go to the floor of the U.S. House for a vote. “The MORE Act would actually erase past convictions for marijuana offenses, opening the door to opportunities to jobs, housing, education, things that could help people, but it would also make it so people will no longer be denied federal benefits because of marijuana activity,” said Maritza Perez, Director of the Drug Policy Alliance.
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September 16, 2020
Council rejects proposed cannabis store downtown
A proposal for a cannabis shop on George Street ran into a roadblock at city council on Monday. In a rare four-four tie vote, city council defeated a temporary use permit for a recreational cannabis store proposed by Epik Products Inc. at 356 George St. The city had received 20 letters from local businesses and the public opposing the proposed store, as well as 13 letters of support from nearby businesses.
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September 16, 2020
Prosecutors in State’s Largest County Now Know if it’s Hemp or Marijuana
Is it marijuana or hemp? Do we prosecute or drop charges? Those are questions prosecutors around Texas have been wrestling with since the legislature legalized hemp in 2019. In Harris County, they now have answers. Well, sort of. A new testing method being used by the Houston Forensic Science Center can measure whether delta-9 tetrahydrocannabinol, the controlled substance in the cannabis plant that causes a “high,” is above or below 1 percent. This will allow the laboratory to differentiate illegal marijuana from legal hemp in specific circumstances.
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September 15, 2020
NJ voters weigh putting pot legalizaion in constitution
The presidential election and the coronavirus outbreak have largely overshadowed New Jersey’s highest-profile ballot question this year, but the state could be the latest to legalize recreational marijuana if voters say yes to a constitutional amendment. Ballots are about to go out to all registered voters in New Jersey's first-ever mostly vote-by-mail election. In addition to voting for president, U.S. Senate and House, New Jerseyans will also decide whether to amend the state constitution to permit those 21 and older to use marijuana. The amendment also allows for the state to set up a regulated market for the drug. New Jersey would become the 12th state, along with the District of Columbia, to legalize recreational marijuana, if the question succeeds. Supporters are optimistic, pointing to polls showing more than three-fifths of voters support legalization. Opponents are nonetheless holding out hope they can persuade voters against adopting the change. Both sides have launched campaigns. NJ Can 2020 is planning digital ads in support of the question. The social welfare group is a coalition of organizations including the ACLU of New Jersey, the Latino Action Network, Drug Policy Action and the New Jersey CannaBusiness Association, among others. The group argues that legalization will boost the economy by creating jobs and bringing in tax revenue for the state. They also point to the disparities in marijuana arrests, with Black residents facing arrest more than three times as much as white people in New Jersey, and say that legalization will right a social injustice. “New Jersey has a pivotal opportunity to advance racial justice and move the state forward through marijuana legalization this November," said Amol Sinha, the executive director of the New Jersey ACLU. Don't Let NJ Go To Pot is opposing the question. Gregg Edwards, the group's executive director, said the racial justice argument is persuasive, but it doesn't mean legalization is necessary. “The way to deal with that is to decriminalize small amounts of marijuana,” he said. Edwards also questioned whether an estimated $165 million in revenue would really help with a nearly $40 billion state budget. He raised concerns over the potency of marijuana as well. New Jersey seemed on track to pass legislation legalizing cannabis last year, with support from Democratic Gov. Phil Murphy and fellow Democrats Assembly Speaker Craig Coughlin and Senate President Steve Sweeney. But the effort went up in smoke when legislative leaders couldn’t wrangle enough support from lawmakers. Instead, the Legislature voted in December to put the question to voters this year. Legalizing marijuana was a prominent campaign promise of Murphy's and was one of the biggest looming issue before New Jersey became a hotspot of the coronavirus outbreak that struck the state in March. If the measure is approved, the state's commission overseeing the medical marijuana program would be in charge of setting up the new recreational-use market. Along with the age restriction, cannabis would be subject to the state's 6.625% sales tax. The amendment also authorizes the Legislature to enact a law letting towns and cities to collect a tax on cannabis of up to 2%. It’s unclear, though, how soon after the amendment passes that marijuana could hit the market. Lawmakers are wrestling with whether to enact legislation before the public weighs in in order to speed up when the market can open.
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September 15, 2020
Companies may drop suit over marijuana licensing if Illinois gives applicants more time to fix errors
A federal lawsuit filed by two companies over Illinois’ handling of marijuana licenses could be dropped if the state agrees to certain changes to the licensing process, officials familiar with the matter said Sunday. The state previously announced 21 of 700 “social equity” applicants will proceed to a state lottery for 75 available marijuana licences later this month. These “social equity” licenses are meant to benefit individuals from under-developed communities impacted the most by the war on drugs. “The Illinois legislature with the governor’s support felt it was a good idea to legalize marijuana to eliminate some of the disparities and give people a chance at an economy that will allow them to have a business in Illinois selling cannabis,” Illinois state Representative La Shawn Ford said. However, Ford and some social equity applicants are alleging those selected for the lottery are “politically-connected insider companies.” A federal lawsuit filed by two companies who were rejected is currently pending. “These licences are worth millions of dollars and will be life-changing for applicants who earned them,” Ford said. “That excitement has now turned in frustration and bitter disappointment.” Southshore Restore and Heartland Greens didn’t make the cut and are suing the state’s Department of Financial and Professional Regulation, which oversees dispensaries, and Bret Bender, Deputy Director of the Cannabis Control Section. On Sunday, Ford said attorneys are willing to dismiss the lawsuit if the playing field is “leveled” through changes to what’s called a “deficiency notice procedure.” Under the proposed changes, applicants would be given a 10-day period to fix any problems on their forms. Ford said some applicants were never given the opportunity to correct any errors. “Many did not learn their applications were deemed insufficient until they received notice on September 3rd that they did not win,” Ford said. Another concern is reports of inconsistencies in the way scores have been calculated. “Teams that submitted identical exhibits sometimes received different scores,” Ford said. Ford adds those who feel they weren’t given a fair shake, have no recourse. “Among 700 social equity applicant teams invested so much time and borrowed money and are in debt right now, and they deserve a fair process,” Ford said. Governor Pritzker’s office did not immediately respond to requests for comment Sunday evening.
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September 15, 2020
Ohio hemp farmers lobby for less regulation
Julie Doran stood between two neat rows of chest-high hemp plants on a 5-acre plot in Westerville last week and explained what the crop is used for and how it grows. While the farm tour was intended to educate the public about the intricacies of hemp cultivation, there was another important message aimed squarely at the three members of the Ohio House of Representatives who toured the farm. Ohio’s hemp laws, Doran said, must be loosened to give farmers the leeway they need to grow the crop, which is used in products ranging from nutritional supplements to rope and bags. The crop is planted in the spring and harvested in the fall. The passage of Senate Bill 57 last year legalized hemp in Ohio, giving the state’s farmers access to a potentially lucrative market. Kentucky’s hemp processors made more than $57 million last year. Nearly 200 Ohioans have a license to grow hemp so far, and this year’s crop will serve as a trial run for both farmers and the regulators. The Ohio Hemp Farmers Cooperative, which Doran heads, is lobbying the state to regulate hemp the way it regulates other crops. But hemp, state officials counter, isn’t like other crops because of its close relationship to marijuana (both plants come from cannabis), which is still illegal under federal law. Ohio’s regulations, they say, are necessary to keep the state’s hemp program in line with federal guidelines and ensure that no one is growing marijuana. Marijuana cultivation is licensed through the Ohio Medical Marijuana Control Program. The visiting lawmakers seemed receptive to Doran’s message Tuesday. “I want to make sure that what we’ve placed into law can really be effective to the (farmers) we want to help,” said Rep. Juanita Brent, D-Cleveland, who is on the House Agriculture Committee. Farmers are required to grow at least 1,000 hemp plants under state law. Brent and Rep. Erica Crawley, D-Columbus, who also toured the farm Tuesday, agreed that the requirement is too big a barrier for many aspiring hemp farmers, particularly urban farmers with few acres. “Having to have 1,000 plants would be difficult for a lot of people,” Crawley said. She added that farmers in her district told her the requirements are too stringent. Senate Bill 57 left it to the Ohio Department of Agriculture to create the rules governing hemp farming. The agency looked to other states and the U.S. Department of Agriculture for guidance. Minimum planting requirements were based on Kentucky’s rules and are meant to ensure that hemp production is commercial, David Miran, director of the agriculture department’s hemp program, said in a statement. A $500 licensing fee is intended to pay for the inspectors, laboratory staff and office staff the agriculture department needs to oversee hemp production, Miran said. “ODA’s licensing fees are on average with other states,” he said. Federal law governs one of the most stringent restrictions. If hemp crops contain more than 0.3% THC the psychoactive ingredient in marijuana those plants must be destroyed. Under state law, which takes its cue from a 2016 farm bill that created national guidelines for hemp production, any cannabis that exceeds that threshold is considered marijuana. Doran would like farmers to have a little more leeway on the THC limit. The Westerville farmer has several growing locations for hemp, each featuring a different variety, and must pay the state $500 to inspect each of them. On top of that, she needs three to five workers to tend to the crops to ensure they’re growing correctly and aren’t exceeding the THC limit.
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