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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September 15, 2020
These states are voting on cannabis legalization this November
In 2016, the US election resulted in a green wave as cannabis legalization measures passed in eight out of nine states. Now, the industry and its supporters are hoping for another big win in November. This year, voters in five states will decide whether to adopt either new medical or recreational cannabis laws -- or, perhaps, both in the case of one state. As it stands now, 33 states have legalized medical cannabis, and of those, 11 states have legalized cannabis for adult recreational use. If more states join that list, it could serve as a huge opportunity for industry growth as legalization supporters believe successful ballot initiatives could have a domino effect on other states -- especially those looking to address budgetary and social justice issues. "We've seen public support continue to grow every year," said Karen O'Keefe, director of state policies for the Marijuana Policy Project, the legalization advocacy group backing several of the measures. Cannabis sales in states that have legalized the plant for medical and recreational purposes totaled about $15 billion in 2019, and are expected to top $30 billion by 2024, according to data from BDS Analytics, which tracks dispensary sales. Below is a look at the five states voting on legal cannabis this November. Four years ago, residents in the Grand Canyon State narrowly defeated an initiative to legalize recreational cannabis. It failed by fewer than 67,100 votes, with 51.3% of voters saying no. The 2016 measure was hotly contested, attracting a combined $13 million from high-profile donors such as soap company Dr. Bronner's, which was in favor of the measure, and opponents such as billionaire casino magnate Sheldon Adelson, tire retailer Discount Tire, and pharmaceutical company Insys. This time around, the backers of the recreational cannabis initiative include some of the biggest names in the US cannabis business -- an industry that has matured significantly during the past four years. State election finance records show that contributors supporting Proposition 207 include multi-state cannabis producers and retailers such as the Tempe, Arizona-based Harvest Health & Recreation (HRVSF) and firms such as Curaleaf (CURLF) and Cresco Labs (CRLBF), which have cultivation and retail operations in Arizona's medical cannabis industry. Still in staunch opposition are Governor Doug Ducey, the Arizona Chamber of Commerce and Smart Approaches to Marijuana, a national organization that opposes the legalization and commercialization of cannabis.
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September 15, 2020
Vermont house passes bill to expunge criminal records for low level cannabis offenses
The Vermont House of Representatives passed a bill Friday that would automatically expunge all criminal records for past low level cannabis possession offenses. The bill would also decriminalize possession of cannabis in amounts that are up to twice the legal limit for adults, as well as reduce some cannabis penalties. The bill will require a final vote from the House and Senate before it moves to Gov. Phil Scott's desk for approval. House and Senate negotiators also appear to be heading toward a final agreement on legislation that would legalize, regulate and tax cannabis sales.
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September 14, 2020
Group Says Lift Limits on Cannabis Licenses
A free-market think tank said Illinois lawmakers should make the state's adult-use cannabis industry more equitable by lifting the limits on how many licenses are available. About 700 businesses applied to get one of the 75 licenses available in the state's upcoming license lottery, which was delayed by more than four months. Of the 21 entities that made it through to the lottery that could lead to a coveted cannabis business license, more than half are owned by people of color, state officials said. Gov. J.B. Pritzker said this week that the outcome was not perfect
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September 14, 2020
Nebraska court strips medical marijuana measure from ballot
Nebraska voters won’t get the chance to legalize medical marijuana this year after the state Supreme Court ruled Thursday that the measure set to appear on the November ballot is unconstitutional. The court’s ruling was a win for social conservatives, including Gov. Pete Ricketts, who argued that the state shouldn’t legalize a drug that isn’t approved by federal regulators. The court also ruled that a measure to allow casino gambling can appear on the ballot, despite opposition from Ricketts and other conservatives who say it will contribute to gambling addiction and bankruptcies.
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September 14, 2020
Pet owners could talk to their vets about CBD, marijuana products under Michigan House-passed bill
Products promising to alleviate a beloved pet’s pain with CBD oil or THC have long been available to consumers - but Michigan veterinarians are currently operating in a legal gray area when talking about those products with pet owners. Many Michigan lawmakers are hoping to change that. This week, a bill that would let veterinarians consult with pet owners about the use of marijuana or industrial hemp products for their animals passed the Michigan House unanimously. Rep. Greg Markkanen, R-Houghton, sponsored the bill after learning from veterinarians in his district that while clients often have questions about how products containing CBD or THC could affect their pet’s health, state law doesn’t explicitly allow veterinarians to discuss the pros and cons of the products with pet owners.
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