Medical Cannabis

New Zealand Expands Medical Cannabis; Adult-Use Referendum Expected

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New Zealand lawmakers have passed a comprehensive medical cannabis law that will allow for immediate use by terminally ill patients, ABC News reports.

The full medical cannabis regulations will take time to roll out, which is why the law provides protection for those who may not have the time to wait. New Zealand is also expected to hold an adult-use legalization referendum within the next two years.

Prior to this development, medical cannabis in the country has been highly restricted. The new regulations will allow patients to have much broader access to cannabis.

“People nearing the end of their lives should not have to worry about being arrested or imprisoned for trying to manage their pain.” — Dr. David Clark, Health Minister for New Zealand, via ABC News

Opponents of the new law call it “decriminalization by stealth” and say dry herb cannabis is “not a medicine.”

New Zealand‘s Ministry of Health is expected to release a paper explaining the coming medical cannabis market’s structure sometime early next year, which will be followed by a period of open public comment.

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The Chicago, Illinois city skyline photographed from distance.

Illinois Gov.-Elect Wants to Legalize Before Michigan

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Illinois Gov.-elect J.B. Pritzker doubled down on adult-use cannabis legalization this week, telling reporters he thinks Illinois could be the first Midwestern state to establish a taxed-and-regulated marketplace, NPR Illinois reports.

Pritzker’s progressive cannabis views have raised the hopes of Illinois advocates but his latest sentiment — that the state should launch its regulated marketplace before Michigan, which legalized cannabis in the midterms via a voter referendum — goes far beyond the zeal expressed by most other pro-cannabis politicians.

“There’s an opportunity for us to be the first state in the Midwest to make it available, and so I think the legislature should get at it.” — Illinois Gov.-elect J.B. Pritzker, via NPR Illinois

While Michigan lawmakers are looking at ways to restrict the state’s voter-approved legalization initiative, Pritzker says Illinois should press the issue in the early 2019 legislative session and launch its market as quickly as possible.

“The good news about being eighth or ninth to get this done is we can look at what works and put it in place in Illinois,” Pritzker said.

“I suspect it’s a done deal. People see it as a new source of revenue,” cannabis consultant and lobbyist Pat Brady told The Chicago Tribune in November. “The true battle will be over who gets their cut of it taxwise.”

10 states plus the District of Columbia have now ended cannabis prohibition, but only one state so far — Vermont, early in 2018 — has successfully done so via the legislature.

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Michigan Statehouse

Michigan Bill Would Remove Background Checks for Some Cannabis Investors

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The Michigan House of Representatives passed a bill on Tuesday that would remove some background check requirements for people who own 5 percent or less of a business seeking a cannabis license, according to the Detroit Free Press.

Michigan’s current regulations require persons owning any stake at all in a potential cannabis business to undergo a background and credit check. This created a high barrier to entry for anyone who has ever been convicted of cannabis possession, among other charges.

Under HB6500, those who own less than 5 percent no longer need to undergo the background check. This class of owner is looked at as an investor and the bill should encourage more investors into the fledgling cannabis economy. The bill also further limits the Medical Marijuana Licensing Board’s ability to consider arrests, charges without a conviction, and expunged records against applicants.

“If you own less than 5 percent, then you don’t have to go through all the financial disclosures. If they own less than 5 percent, they’re not really decision makers, they’re really just investors. And rather than clog the system and create lag in issuing licenses, this allows investment to come into state more easily.” — State Rep. Klint Kesto (R-Commerce Township), to the Detroit Free Press

Dissidents fear that removing the background check requirement will encourage those of questionable character — and their questionable money — to insert themselves into the legal cannabis economy. Advocates disagree and, like Rep. Kesto, argue that it will only encourage investment and not derail the entire market.

Many states with legalization prevent cannabis licenses from going to those with controlled substance convictions — including for simple cannabis possession. Advocates argue that this unfairly limits access to the new economy by minorities and other communities that were disproportionately targeted by the War on Drugs. For this reason, New York, Massachusetts, and other states with more recent cannabis reforms have started implementing social justice provisions in their laws.

While HB6500 is a small step, it’s a step in the right direction. The bill now must pass Michigan‘s Senate before going to the governor’s desk to be signed into law.

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Graduates

Colleges Across Canada Are Adding Cannabis Production Classes

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Canadian colleges are starting to add for-credit cannabis classes to their offerings as the cannabis sector grows, The Washington Post reports.

The trend is growing. Companies like Beleave Kannabis Corp in Ontario are pressuring universities there to provide training for the cannabis sector.

“I’m going to pillage the top of your class. All your 4.0 GPAs, send them this way.” — Roger Ferreira, Chief Science Officer of Beleave Kannabis Corp to The Washington Post

Almost a dozen colleges across Canada are expanding their cannabis education options, many of which will count towards degrees. Starting in 2020, McGill University in Montreal will even offer a graduate degree in cannabis production for students with botany backgrounds.

Modern cannabis production is heavily informed by science. Genetics, horticulture, and soil chemistry are just a few of the serious subjects covered by cannabis growers.

But even these programs may not be enough. Job openings for cannabis positions have tripled in the last year, according to jobs site Indeed.com. 34 out of every 10,000 postings on the site are for cannabis jobs.

When Canadian lawmakers legalize edibles, which is expected next year, the need for cannabis labor will intensify. But any demand that the legal market can’t meet will be scooped up by the still-remaining illicit market, delaying the transition to a fully legal market.

Education, it turns out, is a big part of normalization.

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Delivery Person

California Approves Statewide Cannabis Delivery Services

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California’s Bureau of Cannabis Control (BCC) on Friday moved to allow the delivery of cannabis products across the entire state — even to areas with local bans on cannabis sales — according to NBC San Diego.

The move was protested by several law enforcement groups as well as the California League of Cities due to the fact that deliveries can now be made to jurisdictions where cannabis sales have been banned.

The BCC nonetheless argued that Proposition 64 — California’s adult-use legalization initiative — allows for statewide deliveries. The bureau, however, needed to add explicit language addressing the issue after several law enforcement officials said they would arrest licensed delivery drivers if they were caught in areas that had banned cannabis sales.

Supporters say that sick or handicapped patients in regions with cannabis bans will need deliveries so that they can still receive their medication. California is one of the largest states in the U.S. — it can be a multi-hour drive from some areas to the nearest dispensary.

The California League of Cities is waiting to see if the Office of Administrative Law intervenes on the issue before deciding whether or not to proceed further in their opposition.

Unless California‘s Office of Administrative Law intervenes, the rules will become law in 30 days.

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Mitch McConnell Uses Hemp Pen to Sign Finalized Farm Bill

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The final version of the 2018 Farm Bill was released this week and Senate Majority Leader Mitch McConnell (R-Kentucky) symbolically signed his name to the bill — which will federally legalize industrial hemp — using a pen made from hemp, the senator tweeted yesterday.

The 800-page text of the farm bill was made public on Monday and, as promised, hemp legalization made the cut. The bill will also allow for insurance packages for hemp crops.

The bipartisan bill, when approved in its final vote sometime this week, is expected to pass President Trump’s desk into law without issue.

In his tweet, Sen. McConnell shared a video that loops himself signing the bill with a “hemp pen.”

“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality,” he wrote.

There were some hangups in the process of consolidating the House and Senate versions of the bill, including a partisan dispute over adding work requirements to the federal food stamp program, SNAP.

There was also a contested effort to block people with felony convictions related to a controlled substance from participating in the soon-to-be-established federal hemp industry. Lawmakers reached a compromise, however, that would only block said individuals for the ten years directly following their drug-related conviction.

When passed, the bill is expected to more or less normalize the industrial hemp and therefore CBD product industries.

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Pesticide Plane

Canada Unveils New Cannabis Testing Standards for 2019

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Health Canada has announced new pesticide testing rules for licensed producers in Canada, The Growth Op reports.

Starting January 2, Canada will require licensed producers (LPs) to submit samples of all products to independent laboratories to be tested for nearly 100 different pesticides. During Canada’s medical-only days, most pesticides were prohibited but there was no system of independent testing to guarantee the rules were being followed.

LPs largely support the move and herald it as a necessary step.

“My opinion is that the industry, on the whole, is trying to do a good job. The problem is, you’re going from essentially a completely illegal industry to one that is legal and highly regulated, and it’s a transition. Getting rid of some of the bad habits is going to take a bit of time.” — John Coleman, President of Anandia Labs, via The Growth Op

Only pesticides approved by the Pest Management Regulatory Agency will be allowed for cannabis cultivators.

Should the tests turn up any unauthorized pesticide use, Health Canada will quarantine the product and launch an investigation into the LP and exactly where the contamination originated.

Adult-use cannabis became legal in Canada on October 17.

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Empty Billboard

Maryland Commission Votes to Ban Medical Cannabis Advertisements

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Last Thursday, Maryland’s Medical Cannabis Commission voted unanimously to ban billboard, TV, radio, and most online advertising for cannabis in the state, The Baltimore Sun reports.

Cannabis trade associations and other cannabis firm representatives said they will fight the move in the Maryland legislature in the 2019 session.

The rules, which technically still allow for some advertising, require jumping through hoops so difficult that many say it’s effectively a complete ban on advertising. For instance, any online ad must be preceded by an age gate — meaning that many Internet advertising platforms will be out of reach, as they are hosted and coordinated by third parties like Google and don’t have the possibility of an easy gate.

“This a total ban on advertising. Social media is our only source. How do we communicate with anyone when Instagram is shutting down every cannabis-related account there?” — Mackie Barch, Chairman of the Maryland Wholesale Medical Cannabis Trade Association, to The Baltimore Sun

Cannabis industry advocates say the new rules squash competition and make it impossible for new cannabis companies to expand their business.

Some have attributed the ban to concerns from just two lawmakers over a single incident involving a billboard on Maryland Route 50 that depicted Adam and Eve smoking a joint. Regulators, however, claim the changes were made to align medical cannabis advertising rules with the rules already in place for tobacco.

Many were surprised by the rule change, which came shortly after a period of public testimony on the issue. Nearly everyone who testified — including the Attorney General’s office — were hesitant to support the ban and asked the commission to take its time in considering the issue.

The final step is a review by the state Attorney General office, though some industry advocates are holding out hope for interference from Maryland‘s General Assembly.

It’s unclear when exactly the rules would take effect.

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Surgeon General

Surgeon General Advocates for Rescheduling Cannabis

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U.S. Surgeon General Jerome Adams said that cannabis’ federal Schedule I classification should be reconsidered, Marijuana Moment reports.

Dr. Adams spoke at a Q&A session during a conference held by the Police Assisted Addiction Recovery Initiative in Massachusetts.

“Just as we need to look at criminal justice laws, rules and regulations, we need to look at health laws, rules and regulations, and that includes the scheduling system. … I’ll take it somewhere else: marijuana. We need to look at the way we schedule different medications across the board, because one of the concerns that I have with marijuana is the difficulty that the folks have to do research on it, because of the scheduling system.” — U.S. Surgeon General Jerome Adams, via Marijuana Moment

Adams has not shown support for any cannabis-specific issue beyond research. He has, however, shown disbelief for the plant’s usefulness as an opiate off-ramp, despite evidence to the contrary. While he has favored other drug harm-reduction strategies, Adams’ position seems to be mostly against full adult-use cannabis legalization.

It has been observed by many before that, outside of reasons for legalization or other issues, at the very least cannabis’ Schedule I Classification is a hindrance for research into either side of the issue. An endorsement for rescheduling by the nation’s top doctor is favorable as we inch closer to an end to the federal war on cannabis.

 

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U.S. Department of Justice

Trump Taps Drug War-Era AG William Barr to Replace Sessions

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President Donald Trump told reporters on Friday that his next nominee for U.S. Attorney General will be William Barr, who previously held the post for two years under President George H.W. Bush, according to a Leafly report.

Barr is a known Republican who has served multiple roles in the Justice Department aside from his stint as attorney general from 1991 to 1993.

During his tenure as attorney general, Barr advanced a stern anti-drug agenda pursuant to President Bush’s platform. H.W. Bush’s administration was known for embracing the drug war.

Because of mixed messages from the Trump administration, it’s unknown whether or not Barr would continue an anti-drug agenda if confirmed as attorney general. While Bush seemed to be the impetus behind most of the anti-drug policy of that administration, Barr himself endorsed a government report that encouraged incarceration among other pro-prison and anti-drug decisions. The Drug Policy Alliance has called Barr “a fierce advocate for mass incarceration and punitive drug policies.”

It’s possible, however, that Barr may have updated his stance on cannabis.

“Mr. Barr is a very smart man, and I don’t have any doubt that he’s fully apprised of the failures of the drug war. As to what his leanings might be concerning cannabis, I think it’s difficult to look through a lens that existed in 1991 and 1993 and extrapolate that to this time.” — Barry Grissom, former U.S. Attorney for Kansas, in an interview with Leafly

Grissom also said the $1.5 billion in cannabis sales seen in Colorado last year is a potent reason for any nominee to take a softer stance on cannabis legalization. “What that should tell anyone that’s a prosecutor is that $1.5 billion didn’t go to criminals,” said Grissom.

Barr is pending confirmation by Congress. Until then, acting Attorney General Matt Whitaker — who took over after the firing of Jeff Sessions — will continue to head the Justice Department.

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Mexican Flag

Aurora Strikes Supply Deal With Mexican Pharmaceutical Company

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Aurora Cannabis has announced that it completed a medical cannabis supply deal with Mexican pharmaceutical company Farmacias Magistrales, according to the CBC.

Mexico’s federal government has only recently started acting on the Mexican Supreme Court’s ruling to end cannabis prohibition. The court has now ruled several times in favor of the the right to possess cannabis, which mandates legislative action to officially legalize cannabis.

Farmacias Magistrales received the country’s first cannabis import license following that development. Farmacias Magistrales has tens of thousands of retail outlets and operates hundreds of hospitals and pharmacies across Mexico.

Aurora, one of Canada‘s largest licensed cannabis producers, said the partnership between the two companies is exclusive.

CEO Terry Booth said the partnership cements Aurora’s early-mover advantage in the region.

“We look forward to working with Farmacias, and leveraging its strong retail, pharmacy, and hospital networks to provide high-quality, medical grade cannabis to patients in this new and significant market. We will also offer the Mexican government authorities whatever support they deem valuable, based on our insights and experience … in multiple … medical cannabis systems around the world.” — Aurora CEO Terry Booth, in a statement

Aurora shares climbed on the Toronto Stock Exchange after news of the development broke.

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Data Breach at Florida Dispensary Highlights Vulnerabilities

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Last week, a Florida medical cannabis dispensary took their website offline after it was found that patient information was obtainable through the site’s basic search function.

Sarasota-based AltMed is a licensed Medical Marijuana Treatment Center (MMTC) that also goes by the name MÜV. AltMed responded quickly by taking their website offline after a customer noticed the search function was revealing sensitive customer information.

“Within 10 minutes, our Information technology staff removed the search engine function. We then retained Kroll, Inc. an industry leader in data risk and security,” the company said in a statement posted to its Facebook page.

“Based on the forensic review thus far it appears that there was limited access to the site with limited information accessed. The review will continue until we fully understand what happened and who is responsible.”

The site remains down while AltMed conducts an investigation; the dispensary will notify all affected individuals by mail. Meanwhile, patients can still access medicine from AltMed by contacting their local dispensary to set up deliveries.

A recent Canna Law Blog investigation warns that cannabis businesses are particularly vulnerable to data breaches.

Breaches are inevitable and happen in all sectors of the economy, the article acknowledges, but cannabis is especially at risk due to its special relationship with technology and the plant’s ongoing federal prohibition.

Besides the financial cost, which can run into the tens of thousands, depending on the severity of the breach, cannabis businesses face damage to their reputations and risk becoming embroiled in federal and state investigations.

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A cannabis worker plucks a leaf from the stem of a fully grow commercial-grade marijuana plant.

Pennsylvania Establishes Process for Approving Cannabis Qualifying Conditions

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The Pennsylvania Medical Marijuana Advisory Board on Friday unanimously approved a new process for approving conditions recognized under the state’s Medical Marijuana Act, according to a press release.

The application — which is listed under it’s own tab on the Medical Marijuana Advisory Board website — is available to patients, doctors, and members of the general public. Anyone who wants to can fill out the form and present a case for adding, changing, or removing a medical cannabis qualifying condition.

Applicants will need to provide several pieces of evidence to successfully augment the program, including:

  • References supporting their opinion
  • Documentation supporting cannabis’ efficacy in treating the condition
  • Documentation supporting the opinion that cannabis’ benefits for the condition would outweigh any potential health risks

“As medical literature surrounding the uses of medical marijuana expands, we want to ensure our list of qualifying conditions meets the needs of Pennsylvanians. This process will allow those with serious medical conditions to apply to have their condition be part of the list of qualifying conditions, with the support of medical professionals and documentation that supports their application.” — Pennsylvania Secretary of Health Dr. Rachel Levine, in a statement

Since it’s launch in 2016, more than 95,000 patients have registered with the Pennsylvania medical cannabis program. Among those patients, more than 64,000 carry identification cards that enable them to purchase medical cannabis products from dispensaries. There are approximately 1,360 physicians registered with the program.

Note: Pennsylvania dispensaries can sell concentrates, tinctures, pills creams, and flower products (but only for vaporization purposes — the program does not condone smoking). Edibles are not allowed.

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Marlboro Parent Company Makes $1.8 Billion Bet On Cannabis

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Altria Group Inc. announced today the world’s first “Big Tobacco” investment into the cannabis space: a whopping $1.8 billion for Canadian LP Cronos Group, CNN reports.

Altria — the parent company behind Phillip Morris USA and Marlboro cigarettes — will have a 45 percent stake in Cronos following the investment, with the option for increasing its share to 55 percent over the next five years.

News about the potential investment first broke earlier this week.

“Altria is the ideal partner for Cronos Group, providing the resources and expertise we need to meaningfully accelerate our strategic growth.” — Cronos Group Chairman, President, and CEO Mike Gorenstein, in a press release

Altria has seen its stocks consistently drop in recent years as the popularity of cigarettes and tobacco in general has diminished.

“Investing in Cronos Group as our exclusive partner in the emerging global cannabis category represents an exciting new growth opportunity for Altria,” Altria Chairman and CEO Howard Willard said in a statement. “We believe that Cronos Group’s excellent management team has built capabilities necessary to compete globally, and we look forward to helping Cronos Group realize its significant growth potential.”

Altria stock had fallen 25 percent so far, this year — however, following its cannabis announcement, the major tobacco firm’s shares saw a 2 percent rise in early trading on Friday. Meanwhile, Cronos shares had soared some 30 percent.

“Importantly, Altria shares our vision of driving long-term value through innovation, and we look forward to continuing to differentiate in this area,” said Cronos CEO Mike Gorenstein. “As one of the largest holding companies in the adult consumer products sector, Altria has decades of experience in regulatory, government affairs, compliance, product development and brand management that we expect to leverage, particularly as new markets for cannabis open around the world.”

The $1.8 billion investment — about C$2.4 billion — is the industry’s first “Big Tobacco” investment, but several major alcohol companies have already injected money into the cannabis space. Constellation Brands, the brewer of Corona beer and a major North American distributor for Svedka vodka, invested $4 billion into Canada’s Canopy Growth earlier this year. It remains the largest investment into the cannabis space, so far.

Coca-Cola Inc. was also in talks briefly about launching a CBD product line in Canada but the potential deal reportedly stalled shortly after it was revealed.

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Sewer

Canada Using Sewage to Track Cannabis Consumption

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Statistics Canada is performing tests on wastewater in Canada in an attempt to track consumption of cannabis and the size of the illicit market, The Globe and Mail reports.

The method is called Wastewater-Based Epidemiology, or WBE. The process was pioneered more than 10 years ago in Europe as a way of tracking cannabis use without relying on self-reporting, which is notoriously unreliable — especially during prohibition.

The Canadian national statistics agency is using WBE in five cities across Canada. According to results from this method, these are the five cities listed in the order of highest to lowest consumption per capita: Halifax, Montreal, Toronto, Edmonton, and lastly Vancouver.

Some 8.4 million Canadians reside in those cities, about 4.3 percent of the nation’s population. Researchers hope to look at baseline levels and then subtract the amount of cannabis known to be sold through the regulated market to estimate illicit market’s size and track if it’s growing or shrinking.

While the amounts tracked are extremely minute, one of the researchers said that the goal was to track a trend over time and not specific consumption rates.

Some criticize the method, however, claiming there are too many variables in the equation such as storm water runoff, cannabis potency, method of delivery — such as edibles or smoking — and unpredictable water conditions.

One researcher said, however, “There may be some flaws in it, but I think if the flaws are consistent over time, then the trend will emerge.”

Cannabis was legalized for adults throughout Canada in October.

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Montreal, Quebec

Quebec May Outlaw Public Cannabis Consumption, Raise Age to 21

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On Wednesday, the Quebec provincial legislature began discussing a bill to outlaw public cannabis consumption and raise the legal age for possession to 21, CTV News report.

The Coalition Avenir Quebec party campaigned on the promise to raise the age of consumption to 21 and is following through on that promise with the new legislation. The proposal would also prohibit any public use of cannabis in parks or on the street.

The legislation poses potential problems for the city of Montreal, where a large percentage of the province’s residents. Additionally, 60 percent of Montreal’s population are renters. Current laws allow landlords to prohibit cannabis consumption in their properties and, if the right to consume outside is also removed, it will leave many people with no ability to partake at all.

Some also argue that raising the age limit is a mistake, including Prime Minister Justin Trudeau, who championed cannabis legalization during his campaign.

“An 18-year-old this week could buy cannabis legally, but in a few months maybe he’ll just have to buy it from Hells Angels.” — Canadian PM Justin Trudeau, to reporters in Ottawa

Quebec public health officials say the dangers of cannabis for developing brains have been made clear via research and that the ideal age to start consuming cannabis is 25. Therefore, their goal is to, “delay the first consumption as much as possible.”

Quebec already has some of the strictest cannabis laws in Canada, having already removed the possibility of home grows, which are allowed under federal law. Federal officials say they have no interest in intervening and will allow Quebec to set its own policies, as provided for by the federal law.

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Salt Lake City, Utah

Utah Advocates Sue State Gov. Over Cannabis Replacement Bill

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Two groups representing Utah patients are suing the state legislature over its replacement of a voter-backed medical cannabis initiative with a weaker bill, according to the Salt Lake Tribune.

The groups, the Epilepsy Association of Utah (EAU) and Together for Responsible Use and Cannabis Education (TRUCE), say the Utah legislature “abridged the rights of voters” in an effort to appease the Church of Jesus Christ of Latter-day Saints.

TRUCE had previously promised to sue if the voter-backed Proposition 2 was not passed into law as-written. The legislature nonetheless replaced Proposition 2 with the Utah Medical Cannabis Act (UMCA) on Monday.

“In … direct contravention of the expressed will of the People, … the Legislature, at the behest of the Church and as a result of the Church’s domination and interference, voted to dramatically undermine core purposes of Proposition 2 and the Initiative statute by radically amending, and essentially replacing, the Initiative statute with the passage of [the Utah Medical Cannabis Act], which deprives, reduces, and unreasonably burdens access to medical cannabis.” — Excerpt from the lawsuit filed by TRUCE and EAU

The UMCA was the result of negotiations between previous supporters of Proposition 2 — including the Utah Patients Coalition and the Libertas Institute — the Chuch of Latter-day Saints, and Utah state lawmakers. Advocates said they agreed to the compromise in order to prevent the legislature from gutting the measure entirely.

Technically, church meddling in legal procedures is illegal under the Utah state constitution. Says the constitution: “There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions.” However, while 62.9 percent of Utah residents may report as Mormon, a disproportionate 87.5 percent of lawmakers in the state are Mormon.

The Church of Latter-day Saints has not yet commented on the lawsuit, though previous comments and emails to TRUCE suggest they will fight the suit. Additionally, according to an email provided by TRUCE, the Church plans to fund their battle with 5-10 million dollars, “raised from wealthy members of the Church.”

Utah Gov. Gary Herbert (R) has also not yet commented on the issue.

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A man holds a lighter to a glass pipe loaded with ground cannabis.

Michigan Legalization Takes Effect Today

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Cannabis is officially legal for adults in Michigan starting today.

Adults who are 21 or older are now allowed to consume the plant, possess up to 2.5 ounces of flower and 15 grams of concentrates, and grow up to 12 plants at home. Adult citizens can also possess the harvests of their home grows, up to a maximum of 10 ounces of flower.

Cannabis commercialization, including a taxed-and-regulated marketplace, will hopefully launch in Michigan sometime at the end of 2019.

56 percent of voters approved the Michigan Regulation and Taxation of Marijuana Act despite heavy opposition during the 2018 midterms.

As Michigan is the 10th U.S. state to legalize, a whopping 20 percent of the nation’s 50 states have now ended cannabis prohibition.

“This is a great day for the state of Michigan and, as the first midwest state to legalize marijuana for adult use, a huge step forward in the nationwide fight to end the failed policy of prohibition and incarceration and to replace it with a sensible system of legalization and regulation.” — NORML Executive Director Erik Altieri, in a statement

Potential legislative interference

The reforms are not 100 percent secure, however, as outgoing Michigan Senate Majority Leader Arian Meekhof has introduced legislation via a lame-duck session that would gut several key aspects of the voter-approved ballot initiative, including the right to home-grow cannabis. Sen. Meekhof’s proposal would also reduce the cannabis excise tax down from ten percent to just three percent, which would in turn slash the state’s future cannabis tax revenue.

Activists are not happy about the possible interference with Michigan’s electoral process.

“It’s disrespectful to the political process and it’s disrespectful to the voters of Michigan,” Josh Hovey, spokesperson for the Coalition to Regulate Marijuana Like Alcohol, said in an interview with MLive. “The people of Michigan have spoken. They knew what they were voting on.”

“I think it’s a Hail Mary attempt to satisfy some big business interests and wealthy donors who want to get into the industry,” said Hovey.

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New York City

New York Accepting Hemp Applications for CBD Products

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New York announced it is now accepting applications for growers and processors of industrial hemp, according to a Weed News report.

Though the 2018 Farm Bill, which is on track to soon be passed and sent to the president’s desk for his signature, is expected to completely legalize industrial hemp, New York’s program is for now operating under the pilot program structure laid out in the 2014 Farm Bill. The new applications are solely for industrial hemp to be used in CBD preparations — hemp products meant for human or animal food products are not condoned under the current application process.

The current application period closes on December 28, 2018. Questions about the program can be sent to industrialhempNYS@agriculture.ny.gov and relevant answers will be posted on the Department of Agriculture website’s FAQ section.

New York established its pilot program for industrial hemp in 2015 and held a Hemp Summit in 2017. More details can be found on the Department of Agriculture‘s website.

New York is also currently attempting to structure and pass full adult-use cannabis legalization following a favorable report from the state’s Department of Health earlier this year.

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Drive Thru

Drive-Thru CBD Available in Vermont

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A former bank has been turned into a drive-thru CBD dispensary in Battleboro, Vermont, the Battleboro Reformer reports.

Ceres Natural Remedies opened for business in early November, offering convenient access to CBD-only products.

“We are constantly looking for ways to make the buying experience more convenient while still maintaining the same quality of service to our customers, many of whom have debilitating health issues that make getting around harder. We think this will set a new standard for delivery in our industry here in Vermont and throughout New England in the future.” — Shayne Lynn, Ceres Natural Remedies and Southern Vermont Wellness CEO, via the Reformer

While currently anyone 18 and older can purchase CBD products, Southern Vermont Wellness hopes to be able to provide THC products through a similar drive-thru experience for registered medical cannabis patients in the future as well. Registered patients will be able to order THC products online and then pick them up at the drive-thru window through the soon-to-be-deployed system.

All the products currently for sale are hemp-based, with many using hemp grown locally by the Mettawee Valley Hemp Company. The products range from edibles to capsules, oils, vapes, and pet treats.

Cannabis is legal in Vermont for medical and adult-use purposes, but there is not — and there are not currently plans for — a taxed-and-regulated commercial market for recreational cannabis products.

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Cannabis Strain

Cannabis Researchers Discover Strain Uniquely Effective for Diabetics

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A cannabis pharmaceutical consortium says it has discovered a strain of cannabis that produces useful levels of a rare cannabinoid that may help in the treatment of diabetes, Mercury News reports.

Tetrahydrocannabivarin, or THCV, is a cannabinoid found only in tiny amounts in most cannabis strains. The strain known as “Black Beauty,” however, appears to contain an abundance of the cannabinoid. Black Beauty is so named for its leaves, which are typically darker than other medical cannabis strains. There exists evidence, including a study published in the scientific journal Nature, demonstrating that THCV is uniquely powerful against the symptoms of diabetes.

The Black Beauty strain was discovered several years ago by Marin County medical cannabis expert George Bianchini and partner Ed Rosenthal. At first, the plant was nearly discarded when lab results showed it contained little THC and no CBD. However, Black Beauty contains approximately 3.5% THCV. Rosenthal and Bianchini have been working to roll back decades of THC-focused breeding of cannabis and Black Beauty is now part of that process.

Several biotech companies have been working on implanting the genes for THCV into industrial hemp, which would enable large-scale production of the cannabinoid while circumventing federal regulations against cannabis.

Marin County-based bio-pharmaceutical company Liposome Formulations Inc. announced it will soon release a product line of THCV pills, though the pills are expected to carry a high price until the biotech companies in Marin County can successfully produce THCV with industrial hemp.

With the 2018 Farm Bill set to legalize industrial hemp this year, breeding a strain of hemp that can be produced cheaply and in large amounts with a gene for THCV could be just the ticket for diabetics.

Either way, following the discovery of several previously unknown cannabinoids earlier this year, it’s clear that medical cannabis discussion and research should include further experiments into the lesser-known cannabinoids.

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Marlboro

Marlboro Owner In Talks to Acquire Canadian LP Cronos

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Altria, the parent company of Phillip Morris USA and maker of Marlboro cigarettes, is in talks with Canadian cannabis producer Cronos over a possible acquisition, The Guardian reports.

Cronos representatives said no agreement was reached yet and cautioned investors, who caused the company’s shares to rise following release of the news, that there is no promise of a future agreement between the companies.

Any successful deal between the companies would be momentous. Previously, several large alcohol brands like Corona, Molson-Coors and others have made investments into the cannabis space. The only other notable deal from a tobacco company was London’s Imperial Brands, which took an undisclosed stake in Oxford Cannabinoid in June earlier this year.

Altria is seeking to diversify into cannabis from its traditional tobacco business as the number of tobacco smokers in the U.S. continues to fall. Shares of Altria have declined 20% this year.

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Providence, Rhode Island

Rhode Island to Consider Cannabis Legalization This Term

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Lawmakers in Rhode Island say they will look seriously at cannabis legalization in the coming term, due to reforms in surrounding states and the reelection of a governor who favors cannabis reforms, according to the Providence Journal.

Rhode Island lawmakers return in January for the start of a new legislative session with a host of new representatives. Returning state Rep. Scott Slater, who has previously sponsored several failed cannabis legalization bills, says he is optimistic for 2019.

“With the reality of it being all around us, I think folks have to look at it a little harder now. Even if you’re against recreational cannabis and you feel there are social costs to it, you’re going to be dealing with those issues within your own borders, regardless, and without any of the revenue you could be raising. You might as well regulate it and tax it and put some of that money toward prevention.” –Scott Slater (D-Providence), to the Providence Journal

Slater said to combat negative pressure from many anti-legalization groups, his upcoming proposal will give local communities an opt-out and other abilities to limit the cannabis industry. Slater also said the state’s medical cannabis program has implemented new seed-to-sale tracking that could easily be implemented into an adult-use program.

Rhode Island Gov. Gina Raimondo has said she is open to legalization in Rhode Island as long as safeguards are in place to prevent child consumption.

“Regardless of what the General Assembly does, Rhode Island adults will be buying legal marijuana from Massachusetts stores … very soon,” said Matthew Schweich, deputy director of the Marijuana Policy Project, in an interview with the Providence Journal.

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Utah Capital

Utah Legislature Replaces Medical Cannabis Voter Initiative

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The Utah state legislature voted to replace the voter-backed Proposition 2 with the Utah Medical Cannabis Act (UMCA) on Monday, the Salt Lake Tribune reports.

The replacement, designed by the state of Utah, passed both houses by a wide margin in a single-day special legislative session. Some supporters of Prop. 2 agreed before Election Day to a potential compromise bill, though others — such as advocacy organizations Together for Responsible Use and Cannabis Education and Alliance for a Better Utah — have taken issue with the replacement legislation.

Most advocates are happy nonetheless that there is any sort of law, however limited, including Connor Boyack, president of free market think group Libertas Institute, which supported Prop. 2.

“For years, we have been seeking a balance between political concessions and pushing the needle as far in favor of medical freedom as we could. This negotiated result is a decent balance to get the program underway. With this result, a major gutting of Prop 2 has been prevented, unlike what we have seen in the past and may see in the future on other issues.” — Connor Boyack, in a prepared statement.

There are several key changes in the UMCA over Prop. 2:

  • The number of allowed dispensaries has been reduced from 40 to just seven.
  • Edibles were largely stripped away as well, with only gelatin cubes allowed under the new rules.
  • Many autoimmune disorders were also removed from the list of qualifying conditions, leaving just Crohn’s Disease and ulcerative colitis.
  • Lawmakers also raised the age for participation in the program to 21, despite arguments by Democrats that patients aged 18-20 could be approved via a compassionate use board.

More amendments to the bill are expected once the Utah state Senate enters its regular session next year. Some state senators have also suggested that future updates to the Act are a possibility, similar to how the state’s alcohol code is updated almost yearly.

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