New York Times Follows Trend of Fear Mongering With Story Focused on Edibles and Children

2/20/2022

by

a word from our sponsors:

advertisement

advertise here

Editor’s note: this article is part of our new series, “Cannabias,” where resident journalist and media studies professor TG Branfalt uses an academic lens to pinpoint concrete examples of anti-cannabis in the mainstream news. For a full introduction to the series and the framework TG uses to identify bias, click here.

The New York Times on January 14 published an article titled “More Young Kids Are Getting Sick From Cannabis Edibles” – a headline which you’ll find monthly in some form or fashion kicking around. Overall, the Times does balance the piece with its last four graphs explaining how consumers can prevent their children from accessing cannabis edibles. However like most other authors that cover this issue, they fail to note the very simple premise: of course more kids are getting sick because cannabis is legal which has led to a proliferation of edibles, and now that cannabis is legal parents are naturally going to be more likely to bring their children to ERs in these situations because there is less fear of arrest or other punishment.

Presence of bias:

Yeah, I know I’ve been here before, ranting about personal responsibility but it bears repeating – it’s up to the parents to keep cannabis out of the hands of children. Gun owners make the argument all the time, “Guns don’t kill people, people do.” Well, cannabis edibles that are safely locked up or out of reach don’t give kids exposure sickness; it’s down to the people who are irresponsible with such products. That’s the ideal.

Moreover, about halfway through the piece, the author states that Dr. Sharon Levy, the director of the Adolescent Substance Use and Addiction Program at Boston Children’s Hospital, told her that “Many adults and teenagers alike generally assume that edible marijuana products are harmless.” This is attribution bias, as you would be hard-pressed to find any responsible adult who thinks cannabis is totally benign, and teenagers are probably not the best indicator of what is and isn’t harmless. Levy also makes broad generalizations that are included in the story, such as “a whole lot more psychosis and cannabinoid hyperemesis syndrome” but neither Levy nor the author backs up these claims (context bias).

How to remedy:

Instead of going with another alarmist headline and fear-mongering story, why not focus on what parents can do better? That story could offer real solutions, instead of pushing the tired narrative that brands are creating infused candy that children just can’t wait to gobble up. Would the Times bother to run a story about how hard cider and hard seltzer packaging are reminiscent of popular soda brands or Capri Sun? Probably not, and keep in mind: alcohol poisoning actually kills people.

I will credit the Times with not using “weed” or “pot” in the coverage here, but I would also have liked to see some statistics on kids being accidentally exposed to alcohol or pharmaceutical drugs, or an acknowledgment that high-potency edibles are often used by patients with severe health conditions, either of which would help balance the story.

End

Fox News: No Fairness or Balance in Coverage of San Francisco Cannabis Tax Suspension

2/20/2022

by

a word from our sponsors:

advertisement

advertise here

Recently, officials in San Francisco, California voted unanimously to suspend the implementation of its voter-approved cannabis tax. Supervisor Rafael Mandelman, who sponsored the bill to suspend the tax, cited the “illegal market” and “out-of-control retail theft” as the reasons for the tax’s suspension.

On December 5, Fox News published a report on the plan with the headline: “San Francisco crime surge prompts city to suspend cannabis tax to help dispensaries versus drug dealers” and while the statement is generally accurate, it contains adjective bias with its use of the term “drug dealers.”

Presence of bias:

By using the term “drug dealers,” Fox is continuing to demonize cannabis as a dangerous “drug,” and purports that those selling cannabis without state- or city-issued permits are dangerous as well.

The Fox News report also completely ignores that this tax had been previously suspended due to the city’s logistical issues getting businesses the permits they need to sell cannabis legally. This creates a context bias by not including the fact that the city had already not implemented the tax and the city would remain unaffected by the second suspension.

Additionally, the Fox News article describes San Francisco as having a “staggering surge in crime during the past year,” however, the city’s own crime statistics indicate increases among some crimes, while reporting decreases in others – including a 5.1% decrease in robberies, a 13.2% decrease in rape, and a 3.1% decrease in burglaries from Jan. 1, 2021 to Dec. 12, 2021. The statistics do show increases in homicides – from 46 the previous year to 53 this year – and assaults (2,075 in 2020 to 2,271 in 2021); but the overall increase in the city’s crime rate (10.2%) seems to be largely driven by larceny theft – from 24,474 to 28,947 (an 18.3% increase).

The crime statistics do, objectively, show a crime increase but, again, the Fox News article fails to address the contextual issues associated with that increase (and “drug dealing” is not one of them).

An Atlantic article from September dives into the “crime wave” increase claims from 2020 and concluded that “America is in the midst of what is specifically a violence wave, not a broad crime wave.”

“Even as violent crime rose, led by significant jumps in murders and aggravated assaults,” David A. Graham writes, “property crime continued a years-long decline.”

Philip Cook, a crime expert at Duke University described last year’s increase in crime as “no crime wave,” rather “a tsunami of lethal violence, and that’s it.”

Yes, in late November, there was a “wave of robberies” at cannabis dispensaries, including in San Francisco, as we at Ganjapreneur reported; however, the argument could be made that cannabis businesses are targeted due to federal law forcing them to operate mostly in cash, rather than attribute it to a national trend.

The Fox News article also employs a false-balance bias in their last graph, pointing to a “mob of thieves” in Oakland – not San Francisco – that targeted dispensaries and traditional pharmacies. High-end stores in San Francisco’s Union Square were, in fact, targeted by looters last month; however, Fox News doesn’t mention those crimes as they don’t fit their narrative that dispensaries and pharmacies are key targets (and are therefore dangerous for communities), making it appear that “drugs” are the culprit, rather than criminals.

Fox News also fails to link the increase in crime rates with unemployment as studies have indicated, when the unemployment rate rises, property crimes rate rise with it by 1.8% to as much as 4%.

How to remedy:

Fox News is always going to put its own spin on stories – and target ‘liberal’ cities in the process – but including some city statistics, evidence from the city it is covering rather than relying on other cities to prove its point, and using fair phrasing (unregulated sales versus “drug dealers”) would provide the fairness and balance Fox News purports to convey in its reporting.

End

CNN’s Cannabis and Sleep Headline Doesn’t Jive with Reality or Article Content

2/20/2022

by

a word from our sponsors:

advertisement

advertise here

A Dec. 6, 2021 CNN article boasts the headline “Marijuana may make sleep worse, especially for regular users, study finds;” yet midway through provides a more accurate line that should have informed the header – that there is “no clear evidence either way” that cannabis actually makes sleep worse. CNN kind of has a penchant for skewing their cannabis coverage and that trend continues in this piece focused on a sleep-and-cannabis-related study.

Presence of bias:

From the context bias in the alarmist headline to the tone bias in the second subheader (“Still, people continue to believe that weed is helping their sleep,”) CNN is making claims it later walks back and uses a negative tone in its description of how cannabis, anecdotally, helps some people.

The statement midway through the article from lead study author Calvin Diep, a resident in the department of anesthesiology and pain medicine at the University of Toronto, noted that there is a disconnect between what cannabis consumers report and evidence behind it, which is empirically true, but most non-cannabis industry reporters seem to forget that cannabis research has been outlawed since the enaction of prohibition. The statement from Diep should not be buried midway through the article (an example of structural bias) but rather should appear in the first couple of graphs. 

The article also cites several people who were not involved in any way with the study, which can be a great way to balance study-related stories; however, CNN runs a quote from Bhanu Prakash Kolla, a sleep medicine specialist in the Center for Sleep Medicine at the Mayo Clinic, that claims cannabis consumers who stop regular use experience sleep disruptions due to withdrawal symptoms. It should be noted that Kolla is not an expert on cannabis, and the assertion about “withdrawal symptoms” should be taken with a grain of salt – and certainly not published without additional supporting evidence or context. The choice to only use medical experts who do not specialize in cannabis amounts to gatekeeping bias.

The article also makes the suggestion that cannabis is more potent now than ever before – a claim which is not backed by science, as we only know the actual cannabinoid concentrations of cannabis products now that it has been legalized. Our parents may say, “this is a lot stronger than what I smoked back in the seventies,” but the truth is there is no way to tell, honestly, whether cannabis cultivated during prohibition was weaker than what is available now. Making this claim is also an example of adjective bias.

And as usual, deep within the piece is where the chosen headline is fully revealed as clickbait. The author closes with a quote from Dr. Karim Ladha, staff anesthesiologist and clinician-scientist in the department of anesthesiology and pain medicine at the University of Toronto, who provides perhaps the most honest quote in the whole article, which would have made for a much better headline: “The studies just give us the possibilities that (marijuana) could hurt your sleep, but it may help and so we just don’t know until you try it.”

An article free of bias will never call cannabis “weed” or any other street name; second, if cannabis helps people sleep, then it helps people sleep. It’s not something they “believe” – it’s their experience as consumers. A simple baseline for quality reporting is to avoid implying something with words such as “still.” The headline is misleading; just look a few graphs into the piece and you’ll find your baseline for an objective headline. To their credit, CNN’s use of the word “cannabis” (13) outpaced “marijuana” (9) and “weed” (8) but the organization still has a lot of work to do when covering cannabis, as their clickbait-style headlines on the topic tend to tilt toward the anti-cannabis camp.

How to remedy:

CNN should avoid make sweeping generalizations, whether it be about the potency of cannabis or via phrases such as “people continue to believe.” Maybe find some people who actually use cannabis for sleep and get their take? Scientists and researchers can add balance, but they are going to try and stick to what they know (their experiences) and not including the voices of any consumers does this piece a great disservice. And enough with using “weed” as a synonym for cannabis in your reporting, especially when it’s painfully obvious that you don’t have any real familiarity with the plant.

End

CNN Cannabis Heart Attack Report Strikes Alarmist Tone

2/20/2022

by

a word from our sponsors:

advertisement

advertise here

CNN’s article, “Young adult cannabis consumers nearly twice as likely to suffer from a heart attack, research shows,” suffers from several biases, including tone, oversimplification, and omission.

Presence of bias:

Tone bias is apparent in the first graph and is meant to scare readers but the study – like the CNN article – “confuses absolute risk for relative risk and makes a huge deal out of 1% risk turning into a 2% risk,” Dr. Mitch Earleywine wrote on Facebook. This assessment may be an indictment of the study itself, but also illuminates the simplicity bias apparent in the CNN report on the study.

“’Some people assume that consuming cannabis is safe and can’t harm your body, but that is incorrect,’ said lead study author Dr. Karim Ladha, clinician-scientist and staff anesthesiologist at St. Michael’s Hospital and the University of Toronto in Canada. ‘There’s increasing evidence that this could potentially be harmful to you, both in the short term and the long term,’ he said.”

“Some people” is an over-generalization and the story fails to dive deeper on Ladha’s claims.

First of all, “some people” assume a lot of things that aren’t true. Most people know that inhaling smoke is not what our bodies were designed to do. Are there “some people” who smoke cannabis and think they are not being harmed in any way by that method of consumption? Sure, but there are also “some people” who believe that smoking tobacco and drinking alcohol aren’t harmful either. When compared with the well-known harms of tobacco and alcohol and the hundreds of thousands of deaths per year attributed to them, does the doctor’s comment actually warrant the level of alarm projected by this article, or does this comment actually refer to the widely-held (and evidence-backed) assumption that cannabis seems to be less harmful than other substances? Careful readers will also note Ladha’s use of the word “potentially.” He’s not being nearly as firm on his position as the article would lead the reader to believe.

Additionally, the article never tells us the primary ingestion method of the 73 cannabis consumers (of the 5,610) enrolled in the study who had a heart attack but the lede doesn’t take this into consideration and strikes an alarmist tone. Also, were these people smokers? Did they use any pharmaceuticals, what was their diet, any drugs, how many children?

“The study did not research how cannabis affects heart health, Ladha said, but he noted that previous research showed the drug can affect a user’s heart rate,” the article states.

Okay, where are the studies, CNN? Not including them is omission bias plain and simple. Your header says, “It can create an irregular heart rate.” Prove it.

Next, CNN shifts to the potency issue. Why? Aside from being alarmist? Did the study know the potency of the cannabis used by the 73 afflicted consumers? This is an example of simplicity bias because the narrative benefits the prohibitionist narrative that we need to keep cannabis outlawed because it is, allegedly, stronger than it was 50 years ago (which happened during prohibition, CNN).

How to remedy:

CNN included zero voices from anyone within the sphere of cannabis legalization. There are thousands of cannabis experts in the U.S. and Canada (including Dr. Mitch) that they could have reached out for comment to, but they instead relied on the study author (whose job is to defend his research) and the chair of the American Heart Association – which, it should be noted, does support removing cannabis from Schedule I under the Controlled substances act. However, their chosen expert does not speak to the study itself, but rather in oversimplified terms. The article would have certainly been fairer had the reporter included scientific voices from within the cannabis industry, referenced the health risks of other legal substances, or mentioned any of the numerous studies that have suggested potential therapeutic value of cannabis in treating a wide variety of conditions. The lede could also have been more honest, instead of implying all methods of cannabis consumption were carefully documented, which they weren’t.

End

Cannabis Legalization Bill Filed In Kentucky

2/18/2022

by

a word from our sponsors:

advertisement

advertise here

Democratic lawmakers in Kentucky on Thursday filed legislation to legalize cannabis for adults in the state and tax sales, the Louisville Courier-Journal reports. The bill, however, is likely a longshot in the Republican-controlled General Assembly which over the past decade has failed to pass bi-partisan medical cannabis reforms.

The bill is sponsored in the House by state Rep. Rachel Roberts and in the Senate by state Sens. Morgan McGarvey and David Yates. It also includes provisions to automatically expunge cannabis-related misdemeanor charges within one year.

“While cannabis will not be a panacea for all that ails the state, Kentucky stands to gain up to $100 million a year if our sales near those of our neighbors in Michigan and Illinois – but not if we keep letting neighboring states beat us to the punch.” – Roberts, during a press conference, via the Courier Journal

The measure includes a tax rate of up to 11%, including the state’s 6% sales tax and an optional 5% local tax.

The proposal would create a seven-member Cannabis Control Board that would be appointed by the governor and confirmed by the Senate. It would also create a 19-member Social Impact Council which would use a portion of state proceeds for scholarships and grants to those that have been subject to “historical overuse of criminal justice responses,” the report says. In 2018, the state reported 7,600 cannabis-related arrests, Roberts said, while a 2020 American Civil Liberties Union report found Black Kentuckians were 9.4 times more likely than white Kentuckians to be arrested for cannabis possession; the national rate of cannabis arrest disparities among Black people and white people is 3.64 times.

McGarvey told the Courier-Journal that he believes there will be bipartisan support for the reforms.

“I think you’d be surprised how many lawmakers from both sides of the aisle, all across the state, are coming up in the hallways and in the chamber saying ‘it’s time we do something to legalize marijuana in Kentucky,'” he said in the report.

The House did pass a medical cannabis bill in 2020 but it was not taken up by the Senate. Another medical cannabis bill introduced by Republican Rep. Jason Nemes this session has not been assigned to a committee.

End

Italy High Court Tosses Voter-Backed Cannabis Reform Referendum

2/18/2022

by

a word from our sponsors:

advertisement

advertise here

Italy’s Constitutional Court struck down a proposed voter initiative that would have eased restrictions on growing cannabis and other cannabis-related offenses, according to a Reuters report. Giuliano Amato, president of the high court and a former prime minister, said the proposal included policies that were “enough to make us violate multiple international obligations.”

Although unclear, Amato may be referring to the inclusion of psilocybin in the ballot effort.

Riccardo Magi, a lawmaker and leading supporter of the initiative, said the decision was a “terrible blow to democracy.”

“It’s almost impossible to hold a referendum in Italy,” he said in the report.

The court also threw out a ‘right to life’ voter petition along with the cannabis proposal. Combined, the two potential ballot measures gathered 1.8 million signatures but still failed to pass the court’s inspection. However, five lesser-known judicial system-related measures did pass court scrutiny and will be in front of voters later this year, Reuters notes.

Last year organizers of the ballot measure said they collected 500,000 signatures in just one week, prior to submitting it to the court. They believed the effort “would put an end to unnecessary trials for small amounts of the drug and ensure that patients who use it to relieve their excruciating pain will never have to face a court again.”

In December, fellow European Union member Malta became the first country in the union to legalize adult-use cannabis. Germany’s new coalition government, meanwhile, last November announced it would move to legalize cannabis.

End

Washington State Fails to Pass Cannabis Industry Social Equity Bill

2/18/2022

by

a word from our sponsors:

advertisement

advertise here

A Washington bill to increase social equity in the state’s cannabis industry failed to clear the House on Tuesday, The Chronicle reports. The bill had lost the support from several Democratic lawmakers over issues related to how many licenses would be issued, concerns with the bill’s grant and loan requirements, zoning law issues, and the elimination of the buffer requirements for cannabis retailers.

The substitute version of the bill that was advanced to the House removed the phrase “racial minorities” from the social equity definition, cut the social equity grant and low-interest loan fund from $22.5 million to $3 million – but kept the $1.1 million technical assistance program to help applicants navigate the cannabis licensing process – and removed one of the key features of the bill that would have created new licenses specifically for social equity applicants through 2029.

The bill rejected by lawmakers also removed a mobility clause that supporters said was key in equitably distributing the 39 retail licenses the state’s Liquor and Cannabis Board currently has available. However, of those licenses, 20 are in jurisdictions that do not currently allow cannabis operations, and 17 are in parts of Washington where the markets are likely unprofitable, the report says.

“I think it just takes a little bit more work with the Liquor and Cannabis Board to try to figure out how the licensing could be distributed in a way to make sure that, especially as the forfeit of licenses come into play, that they go to the social equity program,” House Majority Leader Rep. Pat Sullivan told The Chronicle.

Two other bills concerning racial equity and the cannabis industry passed both the House and Senate prior to Tuesday’s end of session, but neither were able to be heard by the other chamber.

End

New York Passes Bill to Let Hemp Farmers Start Growing for Adult-Use Cannabis Program

2/18/2022

by

a word from our sponsors:

advertisement

advertise here

The New York Legislature has approved a bill that will allow the state’s licensed hemp growers to obtain early, conditional licenses to cultivate and process cannabis for the state’s adult-use program, News10 reports. Farmers eligible to obtain a temporary conditional license must have a valid industrial hemp grower authorization and must have grown or harvested hemp for at least two years.

Assemblywoman Carrie Woerner (D) said the bill will allow growers to get crops into the ground “this year and grow it through the summer and have it processed and ready to be distributed to the retail outlets and offered for sale in the springtime.”

Tremaine Wright, the head of New York’s Cannabis Control Board, has indicated that licensing would likely begin in spring 2023; however, Office of Cannabis Management (OCM) Executive Director Chris Alexander said last week that officials could release industry regulations in May, which would likely put sales on track for spring 2023.

Both cultivator and processor licensees would be required to participate in a social equity mentorship program and an environmental sustainability program. The bill also includes an agreement that allows cannabis farm workers to unionize.

In a statement, Assembly Majority Leader Crystal Peoples-Stokes (D) said the bill will help the state “meet the demand of the adult-use cannabis market when retail dispensaries open.”

“With the passage of this bill, we have the opportunity to create a responsible start to the adult-use cannabis industry by authorizing temporary conditional cultivator and processor licenses to current New York hemp farmers,” she said.

The measure would allow for growing cannabis outdoors or in greenhouses with up to 20 lights. It moves next to Gov. Kathy Hochul (D) for final approval.

End

Marijuana Matters: Equity Through Education, Advocacy, and Entrepreneurship

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

Marijuana Matters is a Washington D.C.-based social enterprise organization dedicated to social equity through a three-pillar mission encompassing cannabis Education, Advocacy, and Entrepreneurship. Khadijah Tribble founded the organization in 2020 to model equity in cannabis regulations at the local, state, and federal levels — today, Executive Director Courtney Davis is carrying out this mission. Courtney recently spoke with Ganjapreneur about current initiatives, her personal goals as Marijuana Matters’ Executive Director, and what to expect from the organization in the coming year.

Before joining Marijuana Matters, Courtney spent a decade as a staffer for the U.S. Senate — her last position was for U.S. Senator Michael Bennet (D-CO). But when she started to grow frustrated with the work on that side of policymaking, Courtney decided she wanted to make more tangible changes. Her experience in agriculture and involvement in the 2014 Farm Bill had sparked her cannabis curiosity and today she is directing programs and initiatives to elevate the three pillars of their mission. In 2022, she is especially focused on bringing their work to the South. “When you think about the demographics of these states, there are a lot of Black and Brown folks who have been criminalized by this plant,” Courtney said, “and essentially these are the folks that we really want to target to help to be a part of this industry or at least to benefit from the legalization of something that has harmed so many communities.”

Education

While approximately 55% of Black Americans live in the South (according to the 2010 census), the region has so far largely failed to consider social equity concerns in its conversations around cannabis reform. In an attempt to activate further advocacy in the South, the team wants to engage with members of the Black community who aren’t yet comfortable speaking about or using cannabis medicine. Historically, the Southern Black faith community has been essential in civil rights movements, so Marijuana Matters wants to destigmatize cannabis within the church community and believes that, eventually, these powerful groups will see social equity as a civil rights issue.

“Black churches in particular have always been a part of civil rights issues, and we would consider legalization and decriminalization of cannabis in this country as a civil rights issue. One of the goals I have is to figure out ways to activate the faith community around this issue,” said Courtney.

At Black CannaCon in New Orleans, the organization hosted a panel with two pastors and one of the few licensed cultivators in Louisiana. The number of people who engaged with the panel showed Courtney how many people of faith are interested in participating in the regulated cannabis industry. Their questions centered around how to have progressive conversations about cannabis with loved ones and faith leaders who aren’t comfortable with, or are downright against, cannabis as medicine. The team would like to host these conversations around the country in the coming years. Courtney hopes this work will one day lead to a world where churches host expungement clinics and directly engage with the issue of social equity.

For cannabis businesses looking for how to create an equitable industry, Marijuana Matters offers the social equity toolkit for operators. The toolkit is easily downloaded and can inspire different ways of thinking about social equity. Rather than putting all of the focus on licensing, for example, they’d like people to expand their thinking about the ecosystem of social equity. If businesses are looking for a personalized approach to social equity or a diversity equity and inclusion program (DEI), the organization offers consulting services alongside the toolkit. They provide training for all private businesses, whether they’re looking for specific assistance in DEI or a lesson on the basic history and impact of the drug war.

The Green Light Blog and podcast, written and produced by freelance writer Dianna K. Benjamin, are the final prong of the organization’s education pillar. The blog covers a swath of topics like inspiration for Black cannabis entrepreneurs, an FAQ on how to be an ally for social equity in cannabis, and how environmental justice is an equity issue. Content is a big part of their education pillar and harkens back to their strategy of developing an ecosystem around social equity.

“It’s nice when you are working for an organization like this because we really get to come up with all this content on our own,” said Courtney. “And these are through relationships that we’ve had and making sure that we’re centering these conversations on folks that have lived this and have been disenfranchised by the plant. That’s the lens that we’re coming from for everything that we produce.”

In the coming year, the blog will explore various types of relationships people have with the cannabis plant. They will also revisit conversations with faculty members at HBCU FAMU’s Medical Marijuana Education and Research Initiative, to educate future graduates on cannabis opportunities and expand the pipeline for people of color entering the industry.

Advocacy

Marijuana Matters’ advocacy efforts run alongside its educational initiatives; the group regularly informs and suggests regulatory guidelines for building social equity into the framework of the industry. They are working in D.C. to advance the appropriations bill that legalized and decriminalized cannabis but didn’t build a framework for legal sales. The most important goal there is for Congress to remove a rider from Washington D.C.’s legalization initiative that has so far blocked licensed operations in the District. In preparation, they’ve provided many recommendations to policymakers.

They’re also doing a lot of advocacy work in Virginia, which legalized cannabis through the legislature shortly before Republicans won back the majority in the House of Delegates and Republican Glenn Youngkin beat out Democrat incumbent Terry McAuliffe in the race for governor. The new Republican majority is a threat to social equity in the state. Sen. Thomas Norment Jr. has already introduced Senate Bill 107, which seeks to remove the state’s social equity measures. SB 107 would remove the line from the adult-use legalization law that reserves 30% of cannabis taxes to be reinvested into communities harmed by the drug war. While they fight to preserve this policy, they are building a community in Louisiana and Georgia by raising awareness, educating, and destigmatizing cannabis use. “Part of this is really removing the stigma so that folks can have a better understanding of the health benefits that are available,” Courtney said.

Entrepreneurship

In keeping with Marijuana Matters’ final pillar of operation, Entrepreneurship, the group graduated its inaugural class of the Minorities in Cannabis (MIC) Fund Bootcamp in 2021, which seeks to help Black entrepreneurs build successful cannabis ventures.The five bootcampers tuned in from all over the country to learn from experts through general training and individualized planning. This bootcamp helps entrepreneurs at any stage, whether they’re just starting their business or are already selling products.

“There are a lot of bootcamp and incubator-type programs out there. I would say that this is more of a family-style relationship,” said Courtney. “We are smaller, we have more individualized help, and we are always looking to increase the reach of our network. Everyone who comes through our program — we are hoping that we can continue to help them however they need to be helped.” In one example, the organization was able to partially fund access to a commercial kitchen for a bootcamper who was already operating their CBD business.

This is the work that drives Marijuana Matters. Education can change minds, advocacy can change the landscape, and entrepreneurship can shape the industry —this is the social equity ecosystem.

As a newer organization, support from industry insiders and enthusiasts is invaluable. Marijuana Matters accepts donations and sells merch to drive funding. People who can offer pro-bono services or lead a discussion for an MIC bootcamp are also welcome to reach out. Lastly, the group encourages everyone to follow and engage with their content on social media.

End

Man Serving Life In Prison for $20 Cannabis Sale Gets Chance at Freedom Under New Louisiana Law

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

Kevin O’Brien Allen, a 39-year-old Louisiana man serving life in prison without parole after being arrested for selling $20 worth of cannabis to a police informant, has a legitimate shot at freedom under a state law passed last year.

The sales in question took place in 2012 and 2013, and in 2014 Allen was sentenced to 20 years imprisonment and hard labor. But the nightmare didn’t stop there: state prosecutors ultimately pushed to enhance the punishment under Louisiana’s habitual offender statutes. Due to multiple past drug-related convictions, Allen’s sentence was increased to life imprisonment without the chance of parole, probation, or sentence suspension.

But under the new law La.C.Cr.P. art. 930.10a — which allows district attorneys to reach post-conviction plea agreements with prisoners — there is now an opportunity for Bossier and Webster Parish District Attorney J. Schuyler Marvin to facilitate Allen’s release. The cannabis prisoner advocacy group Last Prisoner Project recently launched the #FreeKevinAllen campaign, putting public pressure on DA Marvin to consider Allen’s case.

“Kevin Allen’s conviction and sentence of life imprisonment without the possibility of parole is a stark example of the injustice that still pervades our criminal justice system,” said Mariah Daly, a legal fellow with LPP.

“Today, the fact that the jury’s verdict in Mr. Allen’s case was not unanimous would require a mistrial under Louisiana law. Additionally, the Supreme Court has held that conviction by a nonunanimous jury is an unconstitutional denial of the Sixth Amendment right to a jury trial. … Mr. Allen’s egregious sentence is borne from Louisiana’s draconian habitual offender laws due to his prior drug charges, which resulted in sentencing enhancement. Mr. Allen’s case, like many other cannabis offenders’, is an utter travesty of justice.” — Daly, in an emailed statement

LPP is encouraging the public to contact DA Marvin by phone or by email to push for Allen’s release; call and/or email scripts are available through LPP’s #FreeKevinAllen campaign page.

End

Survey: Cannabis Consumers Have More Sex

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

A recent survey commissioned by MariMed’s Betty’s Eddies brand and conducted by The Harris Poll suggests that cannabis consumers have more sex, finding half of consumers said they have sex several times a week or more, compared to only 35% of non-cannabis consumers.

The survey found 65% of sexually active cannabis consumers agree that cannabis enhances their sex life, with 67% saying that it helps get them in the mood for sex. More than half (51%) of cannabis consuming respondents believe that cannabis is a natural aphrodisiac, which 30% believe it is the most effective natural aphrodisiac – more than chocolate (16%) or oysters (12%). Another 52% of sexually active respondents indicated they prefer edibles or smoking cannabis to get in the mood for sex.

MariMed Chief Operating Officer Tim Shaw said that the survey validates the company’s product development strategy and ingredient selection, “that yes, cannabis users want and have more sex than non-users.”

“As more consumers continue to seek tailored-use products, MariMed is on a mission to offer a house of brands with high-quality products to meet those demands. It’s innovative products like Smashin’ Passion, which combines real passion fruit and all-natural aphrodisiacs like horny goat weed and cannabis, that take people from where they are to where they want to be.” – Shaw in a press release

The survey was conducted online within the U.S. by The Harris Poll on behalf of MariMed from January 27-31, 2022, and included 1,967 adults ages 21-and-older of whom 763 consume cannabis, defined by the survey as THC-rich cannabis products.

The survey also found that cannabis was popular among those with Valentine’s Day plans, with 72% of respondents indicating plans to incorporate cannabis as part of their plans, 53% planning to consume edibles, 63% saying they would rather receive cannabis than flowers or chocolate, and 46% saying they would like to receive cannabis as a Valentine’s Day gift.

End

Minnesota Medical Cannabis Patients Will Be Able to Access Flower Next Month

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

Minnesota medical cannabis patients will be able to buy flower products, including pre-rolls, starting next month. According to the state Health Department, patients have been able to get pre-approval from dispensary pharmacists to access the products since February 1 and will be able to purchase up to a 90-day supply of smokeable products.

In a press release, Minnesota Commissioner of Health Jan Malcolm said that smokeable medical cannabis products “may not be right for everyone [and] patients should have a conversation with their health care practitioner for guidance.”

“Patients need to weigh the risks of smoking medical cannabis, including those related to secondhand smoke and lung health, with any potential benefits.” — Malcolm in a statement

The state announced the program change last May after the reforms were approved by lawmakers.

The Health Department said it expects patient enrollment to double or triple, based on the experiences of other states that added flower to their medical cannabis program. In an October 2021 survey by the Office of Medical Cannabis, 71% of enrolled medical cannabis patients said they were “very likely” or “somewhat likely” to try smokable cannabis when it becomes available.

The agency notes that smokable medical cannabis products can be used on private property, but not in public places where it is illegal to smoke or vape tobacco and medical cannabis cannot be smoked or vaped where a minor could be exposed to secondhand smoke or vapor.

In December, the agency announced that infused candies like gummies and chews would be allowed under the state medical cannabis program in August. The Health Department indicated that it is still on target to roll out the products by August 1.

Prior to the changes, Minnesota patients could only access pills, vapor, liquids, topicals, powdered mixtures, and orally dissolvable products, like lozenges.

End

Sha’Carri Richardson, Olympic Runner Banned for Cannabis, Asks Why Russian Athlete Can Compete Despite Failing Drug Test

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

Sha’Carri Richardson, the U.S. track and field star who was denied an Olympic start at the Tokyo Summer Olympics after testing positive for cannabis, this week questioned the decision to let a Russian figure skater compete in the Winter Games despite testing positive for trimetazidine – a substance banned by the Olympics which is typically used to increase blood flow to the heart for patients suffering from chest pains or other heart conditions, the Chicago Sun-Times reports.

Russian figure skater Kamila Valieva tested positive for the heart drug at the 2021 Russian Nationals in December but the results only came to light this week after she helped Russia win gold in the figure skating team competition. The medal ceremony was the only consequence, the Sun-Times notes, which is a stark contrast to Richardson’s ban, who was suspended for 30 days after testing positive for cannabis last July. The ban ultimately denied the 100-meter U.S. Track and Field winner a spot at the starter block in Tokyo.

Richardson was also left off the U.S. relay team due to the positive test.

“Can we get a solid answer on the difference of her situation and mines?” Richardson posted on Twitter.

In their ruling, the International Olympic Committee said Valieva was a “protected person” as a 15-year-old minor, the report says.

Richardson has explained she consumed cannabis to help deal with stress stemming from her mother’s death but her appeals went unanswered last year by the Olympic Committee.

End

Cannabis Decriminalization Bill Introduced in Wyoming

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

A bill to decriminalize up to three ounces of cannabis has been introduced in the Wyoming legislature, KGAB reports. Currently, arrests for up to three ounces of cannabis in Wyoming can result in a $1,000 fine and up to a year in jail. The measure seeks to reduce the penalty to a $100 fine with no chance for jail time.

The legislation is a step back from a broad legalization bill that passed the House Judiciary Committee last year but was shelved by Republicans and missed a key deadline for a floor vote. The bill is sponsored by a bipartisan group of legislators including the state’s only Libertarian representative, Rep. Marshall Burt.

For now, the conservative Mountain West state remains one of the few states in the country with little to no cannabis reforms on the books.

Wyoming does have a hemp program but recent advocate efforts to pass cannabis reforms at the ballot box have failed to get off the ground, at least for elections coming later this year. Marijuana Moment reported in January that two Wyoming campaigns to legalize medical cannabis and decriminalize cannabis possession did not reach the required signatures threshold for 2022 — activists say they are now looking to 2024 as the next opportunity to pass reforms through the ballot initiative process.

Citing weather challenges and the pandemic, campaign organizer Apollo Pazell told Marijuana Moment that the group had considered “keeping teams on the ground [to collect signatures] through the holiday season, and we may have made it, but the uncertainty was too much in my opinion.”

End

New Mexico Senate Approves Cannabis Regulatory Bill Without Proof of Water Rights Provision 

2/17/2022

by

a word from our sponsors:

advertisement

advertise here

The New Mexico Senate on Monday narrowly approved an amendment to the state’s cannabis regulation bill that would no longer require cannabis producers and manufacturers to prove they have water rights for their businesses, The Paper reports. The proposal is opposed by the New Mexico Acequia Association, whose Executive Director, Paula Garcia, said the organization was “blindsided” by the legislation’s approval and that the group had no time to intercede or comment on it.

The state’s legalization law had originally included a paragraph requiring cannabis businesses to prove they have the water rights to receive an industry license.

“That paragraph was something we advocated for really strongly last year as part of the agreement to pass the Cannabis Regulation Act. When you get a cannabis license, you should demonstrate you have valid water rights.” – Garcia to The Paper

The amendment by Sen. Cliff Pirtle (R) does include language allowing the state to revoke a business’ license if the business does not have the rights to the water it uses; however, Pirtle said requiring proof of the water rights upfront is preventing a lot of microbusinesses from entering the space. He said that he knows farmers who lease from other farmers with water rights but cannot prove they have the rights themselves and that urban operators can just tap into existing urban water supplies and prove proof of access.

“It’s unnecessary red tape,” Pirtle said during the Sunday committee hearing, according to The Paper. “It’s already illegal to pump water and grow corn as opposed to cannabis or any other plant. It adds unnecessary burden on other licensees, especially on microbusinesses.”

Democratic Sen. Linda Lopez, one of the 19 senators that opposed the measure – which passed by just one vote – said that other communities, aside from the Acequia Association, “have concerns about the availability of water.”

“There are other crops that use much more water in a drought situation,” she told The Paper. “This is something very astute, to make sure applicants are showing [they] have access and rights to the water that can be used for this product.”

The Paper notes that New Mexico is in an ongoing “megadrought.”

The cannabis regulation bill must still pass through a House committee, which could put back in the water rights provision, and the full chamber. The state’s legislative session ends Thursday.

End

San Diego City Council Votes to Reduce Tax on Cannabis Producers

2/16/2022

by

a word from our sponsors:

advertisement

advertise here

The San Diego, California City Council on Tuesday voted to reduce the tax rate on cannabis production facilities from 8% to 2% despite budget analyses suggesting the city would lose between $2 million and $4 million over the next five years by lowering the tax, according to a San Diego Union-Tribune report. The tax rate reduction does not include dispensaries, which will still pay the 8% rate.

The reduction comes as just 19 of the 40-city approved cannabis production facilities have opened, which has created local supply chain gaps, led to the creation of fewer jobs, and greater opportunities for unregulated sales.

Gina Austin, the leading attorney for the region’s cannabis industry, said the Independent Budget Analyst report was based on the flawed assumption that approved-but-unopened cannabis production facilities would eventually open without a tax cut, which she said was “absolutely not true.”

“They do not intend under any circumstances to stay here if the tax rate does not decrease.” – Austin to the Union Tribune

Councilmember Monica Montgomery Steppe, who opposed the changes, said she has a “major, major issue with reducing the tax rate for an industry that we have not opened up to everyone.”

Critics of the city’s cannabis rules have long complained that it still doesn’t have a social equity program, the report says, although city officials have maintained that the program would be in operation sometime this year.

Councilmember Joe LaCava proposed delaying the date of the tax reduction from May 1 to January 2023 so that the equity program will be in place, but the proposed amendment didn’t receive enough support. Another amendment that would have added a three-year sunset clause to the reduction also did not receive enough support.

The proposal still requires second approval from the council. That vote is expected next month.

End

Virginia Senate Passes Bill to Launch Adult-Use Sales in September

2/16/2022

by

a word from our sponsors:

advertisement

advertise here

The Virginia Senate on Tuesday passed legislation that would allow adult-use cannabis sales to begin September 15, NPR-affiliate VPM reports. The bill includes provisions requiring the state’s three current medical cannabis companies to pay $6 million each to the state to start sales early and would let hemp producers start cultivating cannabis for the program for a $500,000 fee.

Other prospective retailers would still be required to wait until January 2024 to start selling to adults.

The legislation sponsored by state Sen. Adam Ebbin (D) also requires the medical cannabis firms to “incubate five qualified social equity applicant retailers for a period of six months or support and educate qualified social equity applicants that wish to participate in the cannabis market.” Ebbin told VPM that the social equity program would “ensure the little guy – especially those most disadvantaged by the prohibition on cannabis – receive the seed funding and startup support necessary to slingshot small Virginia businesses into economic success.”

Three Senate Republicans voted in favor of the bill but committees in the GOP-controlled House of Representatives have so far avoided taking up the legalization issue.

Advocates have warned that allowing some businesses a head start would shut out smaller operators and create an oligopoly in the state. Critics ranging from the Minority Cannabis Business Association to the libertarian-leaning Americans for Prosperity previously told VPM that Virginia is giving big operators a blank check by giving them a 15-month head start.

Currently, Jushi, Columbia Care, and Green Thumb are the only three businesses licensed to sell medical cannabis in the state. Columbia Care has estimated that the state’s cannabis industry could be worth $3 billion annually by 2026.

End

Ascend Counters MedMen Claims About Influencing New York Politicians

2/16/2022

by

a word from our sponsors:

advertisement

advertise here

In its legal battle against MedMen in New York, Ascend Wellness Holdings is accusing the company of fabricating a narrative that it “exerted undue influence on New York State government officials in order to obtain regulatory approval” for its $73 million takeover of Medmen’s New York operations, the Times Union reports.

The two multistate cannabis companies have been at odds since December when both Ascend and the state Office of Cannabis Management claimed the companies had the regulatory approvals necessary to go through with their deal but MedMen claimed that the state regulators’ approvals could not be considered final and that officials’ assurances to that effect had been unduly influenced by Ascend’s political giving. Earlier this month, MedMen motioned to subpoena Gov. Kathy Hochul’s office, claiming her administration used its influence to help Ascend purchase MedMen’s New York business as the firm was looking to end the deal.

The Times Union notes that those subpoena requests were approved last week but in Ascend’s recent Supreme Court motion, it outlines MedMen’s own 2018 donations to former Gov. Andrew Cuomo’s campaign and state Attorney General Letitia James.

In the updated complaint, Ascend said it has already made “almost $8.5 million in cash payments to bail out MedMen” since the takeover deal was signed a year ago. Ascend’s Chief Financial Officer Dan Neville told the Times Union in January that the payments had been made at a time when MedMen was in dire need of a cash infusion.

MedMen had agreed to the deal a year ago but has sought not to move forward in the last few months as the state started the adult-use licensing process. Ascend argues that “MedMen is essentially challenging the regulators’ authority and ignoring the regulations of the state’s medical program.”

End

Parallel CEO Apologizes, Calls Out Corporate Cannabis Lobbying in Open Letter

2/15/2022

by

a word from our sponsors:

advertisement

advertise here

James Whitcomb, CEO of multistate cannabis operator Parallel, published an open letter today decrying systemic inequities in the cannabis industry and pledging to support fundamental changes to make the industry more equitable. The letter highlights a failure by Parallel and other multistate operators (MSOs) to honor the “social responsibility” that comes with operating in the cannabis industry, which was built on tireless advocacy work and which exists alongside ongoing racist and classist drug-related persecution of disenfranchised communities.

In the letter, Whitcomb admits: “we did not take the time to honor the long-time cannabis producers … who laid the foundation for us,” that “we did not follow the path laid out by activists … who fought for our right to participate,” and “we did not understand the [industry’s] responsibility … to use legal cannabis as a tool for restorative justice.”

“As the new CEO at Parallel, I pledge that going forward, Parallel will be a model among all large cannabis operators in bridging the business with the social responsibility of our industry,” he writes.

Referencing the Minority Cannabis Business Association’s (MCBA) recent National Cannabis Equity Report — which analyzes inequity in the industry and provides a toolkit for recognizing and rising to the social responsibility that comes with working in cannabis — Whitcomb pledges to “commit our resources to help advocate for the fundamental changes the report highlights as necessary for the cannabis industry to become truly equitable.”

The letter also seems to confirm suspicions held by many independent cannabis operators that large trade organizations which cater to multistate brands are maneuvering to make the industry difficult to enter for smaller startups and legacy growers. “It’s time for us as a multi-state operator to stop hiding behind the veil of ‘safety and transparency’ that has led to … exclusionary, protectionist policies,” Whitcomb wrote.

Given that Parallel is itself a multistate brand, and one that counts billionaire chewing gum heir Beau Wrigley among its founders, some in the cannabis industry will likely view this move with a healthy degree of skepticism. When asked about this specifically, Whitcomb said, “We have a lot of work to do to win people’s trust. For people who are skeptical, I ask them to pay attention and hold us accountable. If we fall short of the commitments we are making, I want to hear about it.”

Amber Littlejohn, Executive Director of the MCBA, said in an emailed statement to Ganjapreneur, “I commend James and Parallel. This isn’t an MLK post on social media or even a single social equity investment. This is stepping up to lead and call for systemic change to create real equity instead of playing kingmaker to a handful of businesses in an otherwise captured market.

“Markets captured by a few will never out-compete the legacy market that doesn’t carry the extraordinary compliance costs of legal businesses,” Littlejohn said. “Good companies, with good products, who are truly committed to equity should have nothing to fear in opening the industry to others. In fact, they are leveling the playing field.”

When asked how Parallel plans to make this a lasting change, Whitcomb told Ganjapreneur the company will be “implementing several initiatives internally and externally” to help jumpstart the process, but “the most important change … is the way in which we lobby or advocate for expansion of the markets in which we operate.”

“The big operators in our industry must stop pretending that the best way to grow a cannabis market and create opportunities for economic empowerment is by concentrating all the opportunity amongst a few large companies. It hasn’t worked. We will no longer advocate for the exclusionary, protectionist policies that have allowed MSOs to dominate legal cannabis markets, and we hope our fellow large cannabis companies will join us in advocating for the end of an industry structure that has largely blocked people of color from using cannabis as a pathway to economic empowerment.” — James Whitcomb, CEO of Parallel, in a statement to Ganjapreneur

Parallel holds multiple cannabis industry licenses across a mix of medical and adult-use markets — the company operates in Florida through the Surterra Wellness brand, in Texas and Pennsylvania under the goodblend brand, in Massachusetts as New England Treatment Access (NETA), and in Nevada through a joint venture with Cookies.

Read Whitcomb’s full letter below:

If only we knew then what we know now. When we started Parallel (then Surterra) in 2016, those of us jumping into the legal cannabis market for the first time made a number of mistakes: we did not take the time to honor the long-time cannabis producers and suppliers who laid the foundation for us to build our business, we did not follow the path laid out by activists and advocates who fought for our right to participate in this industry legally, we did not understand the responsibility our industry had to use legal cannabis as a tool for restorative justice, including the scope of the opportunity for cannabis to be a true mechanism for social equity, and we did not advocate for an industry structure that would allow those opportunities to be realized in legal markets across the country. Hindsight is unfortunately 20/20.

Cannabis is now legal in some form in nearly 40 states. While I’m proud of so much of the work we have done to increase access to cannabis for tens of millions of people across the country, in hindsight, it’s clear that Parallel has not handled the social responsibility that came with being in such a privileged position in the markets we serve. While I can’t speak for every large cannabis company out there, I can speak for our company when I say, “I’m sorry, it’s past time for us to do better.” So, what does that mean?

As the new CEO at Parallel, I pledge that going forward, Parallel will be a model among all large cannabis operators in bridging the business with the social responsibility of our industry.

Over the past few months my top priority has been to listen and learn from our talented, empathetic, and truly passionate team about the work they are doing and the impact they know we can have. These conversations, as well as conversations our team has been having with activists and advocates in the cannabis community, have led me to the realization that it’s time for leaders of large cannabis companies to take a step back and learn from those who have been in this space a lot longer than we have. That is the only way we are going to realize the industry’s so far unfulfilled promise to be a catalyst for economic empowerment and restorative justice.

Last week, the Minority Cannabis Business Association (MCBA) commissioned a full report on the current inequities in the legal cannabis industry and has put together state and federal policy recommendations aimed at creating a more equitable industry in the future. MCBA’s report focuses on several key parts of the industry; analyzes and confirms how unequitable the industry has become; and provides a toolkit with recommendations on what new and existing legal cannabis markets can do to ensure a more equitable structure moving forward.

We are honored to provide our full support of this report and pledge to commit our resources to help advocate for the fundamental changes the report highlights as necessary for the cannabis industry to become truly equitable. In the states where we operate, we will work with state legislators to advance policies that foster an equitable industry and create real restorative justice measures. In the states we plan to operate in, we commit to providing as many opportunities to communities of color as possible, through financial support to entrepreneurs and a diversified supply line that supports those in ancillary markets.

Many people may ask why we are joining these efforts, given that the report and the partners promoting the report are advocating for a breakdown of the industry we helped create, and which has been built to support the creation of well-regulated oligopolies. Quite simply, it’s because it’s the right thing to do, and will create long-term stakeholder value.

We have an obligation as a participant in the legal cannabis industry to ensure that we are paving a pathway for entrepreneurs of color. It’s time for us as a multi-state operator to stop hiding behind the veil of “safety and transparency” that has led to advocacy for exclusionary, protectionist policies. By working with advocates and activists to expand the industry in an equitable fashion we will develop the next phase of an industry that will create real opportunities for economic empowerment for underserved communities; foster innovation; and expand access to a plant we all believe can create a paradigm shift in health and wellness around the world.

A modern corporation should also understand that becoming more inclusive and equitable, and supporting the communities you serve are key pillars to growing a sustainable business. Doing this work will allow us to grow the industry and innovate, continue to create thousands of jobs by reaching untapped talent and build shareholder value, all by doing the right thing.

Like many large cannabis companies, Parallel has taken a number of meaningful steps —partnerships with local organizations to provide training in communities of color and increase hiring diversity; fostering entrepreneurship by working with the Nu Project, as well as partnering with Black Canna Conference (on the ongoing Hot Box Pitch Competition); supporting regular restorative justice and expungement initiatives to reverse course and address some of the industry’s fundamental issues of inequity. However, it’s been made abundantly clear by our partners that we as operators must have a multifaceted approach to addressing equity, one that includes financial support, a commitment to building a diverse workforce and supporting awareness of inequity, and most importantly and meaningfully, an approach that includes using our voice and our resources to promote legislation and policies that create an equitable industry, rather than one that only benefits a few large corporations. MCBA’s toolkit gives us what we need to advocate for meaningful policy changes at the state and federal level.

Over the past year, instead of funding the cannabis trade organizations who have pushed for exclusionary, protectionist policies at the state and federal level, we are proud to have diverted our resources to consistently support the MCBA’s legislative advocacy efforts. We will continue to use our resources to support advocacy efforts that represent the underrepresented in our industry: communities of color, veterans, small business owners, and patients/customers. We hope our fellow MSOs will join us in abandoning the narrow-minded policies that have put us in such a privileged position and begin utilizing MCBA’s landmark report and toolkit to lock arms and help lift up those who have created this incredible opportunity for all of us.

 

End

More Than 40% of Connecticut Municipalities Opt Out of Cannabis Industry

2/15/2022

by

a word from our sponsors:

advertisement

advertise here

Over 40% of Connecticut towns have opted to place bans or moratoriums on adult-use cannabis businesses, including 75 out of the state’s 169 municipalities, according to Hearst Connecticut Media Group data outlined by the New Haven Register. The opt-outs are mostly in small towns and suburbs.

Connecticut’s adult-use law was approved by lawmakers in July 2021. Like many states, it includes provisions that allow localities to outright ban or take a “wait and see” approach to the new policy. In all, 25 of the towns implemented bans, while 53 implemented moratoriums. In the surveys and interviews conducted by Hearst Media, some leaders say they still need time to review the new law to craft regulations. Notably, cities like Greenwich cited a conflict between Connecticut and federal law as the reason for their ban.

“When the Planning and Zoning Commission reviewed the zoning regulations regarding the ban, the merits of recreational or medicinal marijuana were not considered on-topic,” said Katie DeLuca, Greenwich’s director of planning and zoning. “The reason is that they found that there was a legal conflict between state and federal law in that state law permits such uses and federal law does not. In such instances, federal law takes precedent.”

Industry experts like Aaron Smith, executive director of the National Cannabis Industry Association, maintain towns that wait or ban cannabis businesses are missing out on tax revenue and economic growth. He is quick to point out the bans do not change buying habits, but consumers will “end up driving to another jurisdiction” to purchase cannabis.

End

Indiana Senate Passes Bill to Intervene With Prosecutors Who Refuse to File Cannabis Charges

2/15/2022

by

a word from our sponsors:

advertisement

advertise here

A bill proposed in Indiana that would allow the state attorney general to intervene with the decisions of county prosecutors has passed the state Senate, WRTV reports. Although the bill sponsor, Republican state Sen. Mike Young, did not name specific prosecutors, he indicated the measure is meant to address “social justice prosecutors.”

The measure would target officials like Marion County prosecutor Ryan Mears who in 2019 said his office would no longer prosecute simple cannabis cases so it could focus on violent crimes.

“It is disappointing that legislators are spending their limited time focusing on this rather than the real issue: marijuana. This is an issue that members of their caucus and a majority of Hoosiers believe deserves an earnest discussion.” – Mears in a statement

Young told WRTV that it’s not up to county prosecutors “to decide which laws to enforce or not enforce.”

“I began seeing these articles about social justice prosecutors and they weren’t prosecuting certain drug laws, paraphernalia,” he said in the report. “They weren’t enforcing theft laws.” Young explained that the bill would require counties to pay for a special prosecutor if their elected prosecutor is considered non-compliant under the law.

“We don’t want the taxpayers, someone, that is doing their job, to have to pay for someone who is not doing their job,” he added.

The measure would not allow citizens to request the assistance of the state attorney general if they are frustrated that a county prosecutor declined to file charges.

The bill is supported by Indiana Attorney General Todd Rokita whose legislative director, Jared Bond, said that while the AG’s office believes “in individual prosecutorial discretion” it does “not feel that a prosecutor should categorically refuse to prosecute crimes created by the legislature.”

The Indiana Prosecuting Attorneys Council opposes the proposal and indicated it has opposed similar bills in the past.

“Anytime there is a bill that attempts to limit prosecutor discretion, prosecutors will oppose it,” the council said in a statement, “and we have been against several similar bills in the past that have been offered.”

The measure has been sent to the House Courts and Criminal Code Committee. It must be heard by February 25 or it will not move forward this year.

End

Cannabis Could Be Allowed As Workplace Accommodation for People with Disabilities in New Hampshire

2/15/2022

by

a word from our sponsors:

advertisement

advertise here

A New Hampshire Supreme Court ruling could require businesses to allow cannabis use as a workplace accommodation for people with disabilities, according to a New Hampshire Business Review report. The ruling does not say that businesses must allow cannabis as an accommodation, rather cannabis should be tolerated as one of many accommodations considered.

The plaintiff in the case, Scott Paine, worked for Ride-Away as an automotive detailer. He suffered from post-traumatic stress disorder and was enrolled in the state medical cannabis program for the condition. Paine said that he was drug-tested regularly at Ride-Away and requested an exception from the company’s drug-testing protocol. His request was limited to off-duty conduct only and he never requested to use cannabis or to be under the influence of it while at work, the report says. Ride-Away denied Paine’s request and ended their employment relationship, according to the lawsuit; however, the reason the request was denied was not made clear.

Paine sued for failing to accommodate treatment of his disability under New Hampshire’s anti-discrimination law while Ride-Away contested the lawsuit on the grounds that the definition of “disability” excludes the “current, illegal use of or addiction to a controlled substance as defined in the Controlled Substances Act,” according to the opinion. Because cannabis remains a federally-outlawed substance, Ride-Away argued that it had no legal obligation to accommodate Paine’s use of cannabis to treat his PTSD despite New Hampshire’s medical cannabis program.

The court disagreed and found that Paine was entitled to an interactive process and that, while illegal drug use is not a protected disability, the law does not preclude treatment of a disability with cannabis and perhaps other federally-controlled substances.

End

Michigan Consolidates Hemp and Cannabis Regulatory Agencies

2/15/2022

by

a word from our sponsors:

advertisement

advertise here

Michigan Gov. Gretchen Whitmer (D) last week consolidated the state’s cannabis and hemp regulatory agencies, which she says will increase efficiency, help grow the sectors’ economies, create jobs, and increase investments in local communities.

“Consolidating multiple government functions into the newly named Cannabis Regulatory Agency will help us continue growing our economy and creating jobs. And to be blunt – safe, legal cannabis entrepreneurship, farming, and consumption helps us put Michiganders first by directing the large windfall of tax revenue from this new industry to make bigger, bolder investments in local schools, roads, and first responders.” – Whitmer in a press release

Currently, the state Department of Agriculture and Rural Development (MDARD) regulates hemp, while the Marijuana Regulatory Agency regulates medical and adult-use cannabis. The executive order renames the Marijuana Regulatory Agency as the Cannabis Regulatory Agency and tasks it with regulating the processing, distribution, and sale of both hemp and THC-rich cannabis starting when the order takes effect in 90 days.

Oversight of hemp cultivation will remain with MDARD but the governor’s office said the restructuring “will allow for a more effective, efficient administration and enforcement of Michigan laws regulating cannabis in all its forms.”

“Consolidating the regulation of the processing, distribution, and sale of marijuana and hemp into a single state agency will allow for more effective and efficient administration and enforcement of state laws relating to cannabis,” the order states.

End

New York Cannabis Regulator Predicts Licensing by Fall

2/14/2022

by

a word from our sponsors:

advertisement

advertise here

New York Office of Cannabis Management (OCM) Executive Director Chris Alexander expects the state to release its proposed cannabis industry regulations in May, which would open the window for the state to begin accepting licenses in October, November, or December, according to a Mondaq report. Alexander’s comment came during a webinar last week during which Alexander said the agency would allow a five-to-six-month window, including a 60-day public comment period, in order for stakeholders to assess the regulations and allow for changes by regulators.

Alexander also explained the decision by regulators to recently send cease-and-desist letters to more than two dozen businesses accused of illegally ‘gifting’ cannabis – or giving cannabis to patrons as part of the purchase of another, usually overpriced item. He said the agency has “been aware for some time” of the practice and that “even though the police aren’t coming to knock down your door, this activity is still not legal.”

“And for us as the regulating body, it’s concerning that we’ve taken this step and still in the law said, ‘Don’t do this thing or wait for a license’ and folks are still taking that step.” – Alexander via Mondaq

He added that the agency is not interested in cracking down on ‘legacy operators’ – those that have been “operating on the fringes” prior to the passage of the adult-use law.

“Those operations continue,” he said during his remarks. “We have not ‘cracked down’ on those operations. It’s the acknowledgment that there are operators in the space, in communities et cetera, who have used cannabis to support their families and all that stuff. That’s part of the broader strategy.”

He said that regulators are seeking creative ways to allow those operators to get licensed.

“We’re starting with education and we hope that people heed our warnings and if they don’t, we have to take additional steps. But hopefully, the message has been made clear: legacy folks still understand that there’s a space for them to participate in this market,” he said. “We’re learning, we’re trying to figure out the best ways to do so, that work is not done. But we do want them to know that they’re welcome and that needs to be a part of the conversation.”

End