May 1, 2021
Aiming for equity, D.C. may reserve some medical cannabis licenses for ex-inmates with drug convictions
The D.C. Council will vote later Tuesday on legislation that would reserve some new medical marijuana business licenses for people who were previously incarcerated for drug-related offenses — the latest effort by city lawmakers to bolster equity in the expanding industry. The bill, introduced by Council member Robert White (D-At Large), comes as Mayor Muriel E. Bowser (D) is considering legislation passed last month that allows people with felony convictions to work at medical dispensaries, cultivation centers or testing labs. The council unanimously approved that legislation, which also makes it legal for people with felony convictions to own and operate medical cannabis businesses if they haven’t been convicted of certain crimes within three years of filing an application. White says his bill goes a step further by instructing the Alcoholic Beverage Regulation Administration, which oversees the medical cannabis program, to reserve at least one dispensary license, one cultivation center license and one testing lab license for businesses that are majority-owned by people who were previously incarcerated for drug crimes whenever new licenses are next approved.
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Six months after Costa Mesa voters resoundingly approved Measure Q — a move to legalize retail cannabis sales and delivery — city officials on Tuesday adopted legislation intended to regulate such businesses while weeding out bad actors. “Out of humility I’ve said it’s not perfect, and that’s probably true,” Mayor John Stephens said of an ordinance that will allow dispensaries in commercial zones but institute a 1,000 barrier from sensitive uses, such as K-12 schools, playgrounds, child daycare centers and homeless shelters. “But we’re never going to get perfect, and we shouldn’t have the perfect be the enemy of the good,” Stephens continued. “And these ordinances drafted are very good, very well thought out and very considered by staff and by the council.” The law will also prohibit pot shops from opening within 600 feet of youth centers, where children socialize; buffer distances will be measured, in a straight line, even through what some claim is the impenetrable barrier that is the 405 Freeway. Costa Mesa will impose a 7% tax on all cannabis goods — a move that’s estimated could bring in $3 million to the city annually but which, on top of sales tax and a state excise tax, will constitute a 30% levy customers will have to pay. While no cap will be placed on the number of businesses in town, any property where an illegal business has operated in the past cannot be granted a retail permit until at least one year has passed. A recommendation by the city’s planning commission to prohibit dispensaries from doing business within 500 feet of one another was overruled by a set of recommendations made by an ad hoc subcommittee just prior to an April 20 first reading and approved in a 5-2 vote.
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Tennessee lawmakers didn't agree to make medical marijuana legal in the state this year but did pass legislation that could pave the way in the future. On the final day of this legislative session, members reached an agreement on a bill that would form a special commission to study the legalization of medical marijuana in Tennessee. The legislation would also decriminalize the possession of cannabis oil containing 0.9% or less of THC for patients with specific medical conditions. The committee, made up of nine members appointed by the leaders of both houses and the governor, would study laws and legislation regarding the medical use of cannabis. The members would be tasked with preparing recommendations on how best to "establish an effective, patient-focused medical cannabis program in this state and include proposed legislation in its recommendations." A growing number of states have approved the use of marijuana for those with serious health problems and those whose conditions are terminal. The new legislation says people with nine debilitating medical conditions could possess and use the specifically defined cannabis oil if they have a letter from a doctor. Those illnesses include Alzheimer's disease; ALS; end stage cancer; inflammatory bowel disease, including Crohn's disease and ulcerative colitis; epilepsy or seizures; multiple sclerosis; Parkinson's disease; HIV or AIDS; and sickle cell disease. The letters from the doctors would only be good for six months, and the patients would have to obtain the oil from out of state because it cannot be sold in Tennessee. Governor Bill Lee still has to sign the bill before it becomes law. Sen. Becky Duncan Massey (R-Knoxville) sponsored a bill this session that would have decriminalized the use of cannabis for people with those same debilitating diseases. It failed to pass, but she believes support is growing in the state. “That the attitudes toward marijuana, I think are changing,” said Massey in an interview last month with WBIR.
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Alabama's State Legislature voted to legalize medical marijuana late Thursday, becoming the most recent state to possibly approve its use amid ongoing talks over revamping cannabis laws. The measure would create a medical cannabis commission to regulate, license and oversee distribution of medical marijuana. Doctors could prescribe medical marijuana for several conditions including cancer, a terminal illness, epilepsy and chronic pain. Patients would receive medical cannabis cards, and vaping or smoking of medical marijuana would be prohibited while products including gummies, oils or creams are allowed. The House version of SB 46 passed 68-34 in the chamber with bipartisan support Thursday after a vote on the measure had been blocked by Republicans during a nearly nine-hour debate in the chamber Tuesday night. The Senate, which initially passed the measure in February, approved of amendments to the legislation made by the House on Thursday night by a 20-9 vote, with one abstention. The legislation now heads to Gov. Kay Ivey's desk for her signature. Gina Maiola, press secretary for Ivey, told CNN in an email Thursday that "as with any piece of legislation that reaches the governor's desk, we look forward to thoroughly reviewing it." "We appreciate the debate from the Legislature on the topic," Maiola continued. "This is certainly an emotional issue. We are sensitive to that and will give it the diligence it deserves."
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May 1, 2021
Idaho Legalized Industrial Hemp. Now What?
Idaho has become the last state to legalize industrial hemp, more than two years after the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized it as a commodity crop. On April 16, Idaho Gov. Brad Little signed House Bill 126 into law, legalizing the production, processing, research and transportation of industrial hemp with up to 0.3% tetrahydrocannabinol (THC) in the state, beginning with the spring 2022 growing season, the legislation states. Since the passage of the Agricultural Act of 2014 (2014 Farm Bill) and the 2018 Farm Bill, the conversation of hemp legalization in Idaho has been an ongoing debate. The state focused on how it could create a bill that would provide Idaho farmers the opportunity to grow hemp while still maintaining an enforceable drug policy, said Braden Jensen, the deputy director of governmental affairs and national affairs coordinator at the Idaho Farm Bureau Federation, a grassroots organization affiliated with the American Farm Bureau Federation that advocates for the agricultural community. "The state wanted to be methodical, careful and cautious as they went forward with legalization," he said. “That was kind of the balance that attempted to be struck with the bill that passed this year, and we have seen different variations of the bill over time that have tried to have that appropriate balance." Compared to other state's hemp laws, Jensen said the bill is very "narrowly tailored," as it only applies to licensed growers and processors. He also notes that the sale of hemp products containing any amount of THC to Idaho consumers is still prohibited, as was the case before the law passed. The bill permits hemp to be grown and processed in the state, outlining regulations in the United States Department of Agriculture (USDA) final rule and the 2018 Farm Bill, he said. A state management hemp plan and state regulations must be in place before hemp cultivation can begin in Idaho, and the state is already working to construct both, he said. "We see them putting together a hemp website on their webpage, and anybody interested in participating in that can sign up to receive notifications of when those rulemaking meetings would happen—that is specifically for the state regulations and rules," he said. "But when it comes to the state management [hemp] plan, there is a state house bill that was passed that specified the [hemp] plan has to be put together in consultation with a law enforcement officer, the governor's office and the Idaho agriculture industry." The Idaho State Department of Agriculture (ISDA) must prepare and submit a state management hemp plan that complies with the 2018 Farm Bill rules and regulations no later than Sept. 1, 2021, as previously reported by Hemp Grower.
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Texas' medical cannabis program, one of the most tightly regulated in the nation, may be expanded this year by the Texas Legislature — but time is running out. One of the proposals with the most momentum took a step forward May 20 when it was referred to the Senate State Affairs committee. House Bill 1535 would allow thousands, if not millions, more patients access to low-THC medical cannabis — and boost a nascent sector of the state economy. The bill would expand the ailments treatable by cannabis from seizure disorders, multiple sclerosis, autism, terminal cancer and a few other diseases to include chronic pain, post traumatic stress disorder and all forms of cancer. The state's medical cannabis program, called the Compassionate Use Program, had just 5,413 patients as of April. That's up from 1,863 patients in April 2020. “We thank the [lieutenant governor] for giving the Senate an opportunity to weigh in on this important legislation that could help millions of Texans," said Morris Denton, CEO of medical cannabis dispensary Texas Original Compassionate Cultivation. HB 1535 also proposes increasing the amount of THC allowed in the medicine from 0.5% to 5%. That is still far below the level of tetrahydrocannabinol found in recreational pot, which can be greater than 15%. The bill was initially received from the House on May 3 but didn't see any movement for more than a week. On May 17, the Texas Legislature's website showed that the bill had been co-sponsored in the Senate by Brownsville Democrat Eddie Lucio Jr., Georgetown Republican Charles Schwertner, Houston Republican Paul Bettencourt and San Angelo Republican Charles Perry. But by May 18 the co-sponsors had disappeared. Cristie Strake, a staffer in Sen. Bettencourt's office, said May 18 that the removal of the Senate co-sponsors was due to a clerical error; a bill is not permitted to have Senate sponsors and co-sponsors before being referred to committee. Strake added that Bettencourt did intend to sponsor the legislation and that "all the sponsors that were there are still accurate." Representatives for Sen. Perry and Sen. Lucio, Jr. confirmed May 18 that both intended to remain as co-sponsors of the bill. Efforts to reach Sen. Schwertner were unsuccessful. Both Lucio and Schwertner sit on the state affairs committee, which has already considered other cannabis-related legislation this session. House Bill 2593 — which would reduce penalties for possession of cannabis-infused products, such as edibles, and treat them more like traditional marijuana — was reported favorably out of committee on May 20 and is awaiting a Senate vote.
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A bill to ban the sale of psychoactive cannabinoids synthesized from hemp – such as Delta-8 THC – at shops not licensed as cannabis retailers in Michigan is headed to the House after passing the Committee on Regulatory Reform, MLive reports. The bill expands the definition of cannabis to include THC “regardless of whether it is artificially or naturally derived” and put regulation of the cannabinoids under the state’s Marijuana Regulatory Agency. Currently, the products can be found at some traditional retailers in the state, such as convenience stores. Republican state Rep. Pat Outman said the unregulated cannabinoids remind him of other “sketchy substances that are working their way into gas stations and other retail places” and that there are “no consumer protections or any sort of regulatory structure” for the products. Dave Crabill, a spokesman for trade group iHemp Michigan, said hemp that can be used for Delta-8 has “the highest value right now” for producers.
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Louisiana Governor John Bel Edwards, a Democrat, expressed his belief that marijuana will soon be legalized in his state, while asserting that he still has concerns about allowing people to consume the plant. The Louisiana state legislature was considering a bill that would have taxed cannabis as lawmakers there pushed for legalization. But that legislation was rejected in the state House on Tuesday, making it unlikely that cannabis will be legalized in the southern state this year. However, Edwards suggested in a live radio interview on Wednesday that he believes marijuana will be legalized in the near future. "In the past, as a legislator and as governor, I've been opposed to legalizing recreational marijuana," he said on the monthly program Ask the Governor broadcast on local radio. "I will tell you, I have come to believe that it is going to happen in Louisiana eventually." "I'm not quite comfortable yet," the governor added, "but I understand we're likely to get there in the next several years."
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A study published in the scientific journal Addiction provides evidence of the association between recreational cannabis laws in U.S. states and responses in the illegal markets for cannabis, heroin and other drugs. The study found that the implementation of recreational cannabis laws was associated with a decrease illicit cannabis prices, and an increase in the prices of heroin and oxycodone, the news and information source Newswise reported. Following were some of the reported responses in the illegal drug market in those states studied: 2% decrease in street/illegal cannabis prices. 5% decrease in low-quality street/illegal cannabis prices. 64% increase in heroin prices. 54% increase in heroin potency. 3% increase in street/illegal oxycodone prices. 1% increase in street/illegal hydrocodone prices. 93% decrease in law enforcement seizures of street/illegal cannabis >50% decrease in law enforcement seizures of heroin, oxycodone, and hydrocodone. Angélica Meinhofer, assistant professor of population health sciences at Weill Cornell Medicine, told Newswise that the findings suggest that markets for illegal drugs may not be independent of legal cannabis market regulation. “As more states move towards legalization and additional post-(recreational cannabis law) implementation data become available, we’ll need to do more research to determine whether recreational cannabis laws cause those changes in the illegal market and what happens in the long-term,” Meinhofer said. The study used crowdsourced data from Price of Weed and StreetRx on the price and quality of illegal drugs, which may be subject to error and sampling bias.
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May 1, 2021
Dan Patrick again blocking effort to expand Texas’ medical marijuana program, advocates say
With less than two weeks left in Texas’ legislative session, medical marijuana advocates are ratcheting up pressure on Lt. Gov. Dan Patrick, who they say is blocking an effort to expand the state’s Compassionate Use Program. House Bill 1535, by state Rep. Stephanie Klick, R-Fort Worth, would expand the state’s medical cannabis program to include those with chronic pain, all cancer patients and Texans with post-traumatic stress disorder. It would also authorize the Department of State Health Services to add additional qualifying conditions through administrative rulemaking. Current law requires the Legislature to pass a bill to expand eligibility. The Texas House voted 134-12 last month to send the proposal to the state Senate, where it has languished in a legislative purgatory. The upper chamber received the bill May 3, but it has not yet been referred to a committee, let alone voted on and sent to the floor. Wednesday is the last day the Senate can take up bills. Patrick, who leads the Senate, has the final say on which bills are considered and to which committees they’ll be referred. His office did not respond to a request for comment. “It’s difficult to come up with any explanation that makes sense as to why the lieutenant governor would block this legislation,” said Heather Fazio, director of Texans for Responsible Marijuana Policy. She added that the legislation is a “carefully crafted and moderate expansion” with wide bipartisan backing. Fazio said state Sens. Charles Schwertner, R-Georgetown, and Donna Campbell, R-New Braunfels, who are both doctors, have voiced support for HB 1535. Spokespeople for Schwertner and Campbell did not respond to requests for comment. Nick Etten, founder of the Veterans Cannabis Project, said in a statement that the medical marijuana expansion would provide “a vital lifeline to military veterans.”
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