Survey: Majority of U.S. Truckers Favor Changes to Federal Cannabis Testing Regulations

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Nearly two-thirds of U.S. truck drivers and their carriers favor changes in federal cannabis testing regulations, according to a report from the American Transportation Research Institute (ATRI). The report found that 41.4% of truck drivers reside in states with legal adult-use cannabis access in 2023, compared to 18.5% in 2019.  

The ATRI survey found 70% of truck drivers and 62% of representatives from motor carrier companies said that “changes were needed to federal drug policy rules in light of state-level legalization” and another 65% of all respondents agreed that some form of cannabis impairment testing should replace cannabis use testing. 

In a statement, Minnesota Trucking Association President John Hausladen noted that more states are legalizing cannabis which “underscores the critical need for tools to effectively determine marijuana impairment by current and prospective employees.” 

Federal law mandates that commercially licensed drivers submit to both pre-employment and random cannabis urinalysis testing, which detects the presence of THC metabolites but does not test for impairment because the metabolite can remain detectable in urine for weeks. 

According to Drug and Alcohol Management Information System (MIS) data, from 2012 to 2021, 1,057,692 drug tests have been performed on drivers with a 66.9% positive test rate for cannabis. Among those more than one million tests, 572,306 were pre-employment drug screens, which had a 71.1% positivity rate for cannabis. Another 455,901 of the tests were random, which had a 58% positivity rate for cannabis. 

The report notes that “The federal prohibition of marijuana use by [Commercial Driver License] holders has been highlighted as a potential disincentive for drivers to stay in the industry” and that the high pre-employment positivity rates, which likely purport past cannabis use “is filtering out a significant number of potential truck drivers from the industry.” 

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Cannabis Company Files Lawsuit Against ‘Stacking’ of Adult-Use Sales Taxes

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A Missouri cannabis company is suing the state claiming the sales tax stack on adult-use cannabis sales is unconstitutional, KSHB 41 reports. St. Louis County-based Robust Missouri Dispensary 3 argues that the 3% tax passed by voters in Jackson and Cass counties violates state law and that in February the Missouri Department of Revenue issued a statement that clarified “based on constitutional language, a city and a county cannot ‘stack’ the additional up to 3% local tax on recreational marijuana sales.”

That interpretation is based on Article XIV of the Missouri Constitution, which reads: “The governing body of any local government is authorized to impose, by ordinance or order, an additional sales tax in an amount not to exceed three percent on all tangible personal property retail sales of adult use marijuana sold in such political subdivision.” The “local government” language means a county, according to the Revenue Department interpretation outlined in the lawsuit and, therefore, St. Louis County dispensaries located within incorporated areas are only subject to a municipality sales tax.

Later in February, the Revenue Department issued a statement saying the language of Article XIV is “ambiguous” and that it was rescinding the previous guidance. The statement said that there are “two interpretations” of what “any local government” means and that the agency would no longer advise municipalities or counties on whether or not they could stack sales taxes on adult-use cannabis sales.

The lawsuit seeks to settle in court which interpretation of Article XIV is constitutional and whether or not Missouri counties can stack sales taxes on top of municipal sales taxes for cannabis businesses operating in incorporated areas.

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Wyoming Advocates Renew Push for Medical and Adult-Use Ballot Questions

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Advocates in Wyoming are pushing forward with plans to put adult-use and medical cannabis legalization questions on 2024 election ballots, the Star-Tribune reports. The renewed bid by Compassionate Options Wyoming, Wyoming NORML, and the Wyoming Libertarian Party comes after a misunderstanding of guidance from the secretary of state’s office led them to believe that the proposed measures did not qualify, but they did.  

Initially, the organizers believed they had thousands fewer signatures than needed, so they didn’t submit them to the secretary of state’s office before the March deadline; however, they had actually reached the benchmark. According to updated guidance from the secretary of state, the campaign must now recollect the signatures and submit them before the upcoming legislative session, which begins in January. 

The organizers’ spokesperson Apollo Pazell told the Star-Tribune that the process was “really convoluted and confusing” but that the campaign would seek to extend the process beyond the start of the session due to the confusing guidance from the secretary of state’s office.  

Wyoming requires organizers seeking to put issues on ballots to gather the number of signatures equal to 15% of votes cast in the last general election and reach that same threshold in two-thirds of the state’s counties to put the issue to voters. The petition must be signed on paper, in person. 

Once the sponsors get their petition form from the state, they have 18 months to gather the required signatures and must submit their petition with the signatures before the start of the legislative session in the year that they aim to have their initiative on the ballot. The groups gathered roughly 36,000 signatures for both initiatives before their deadline in March, Pazell said. 

When the organizers received their petition in September from the then-Secretary of State Edward Buchanan, it was impossible to know what the signature requirement would be based on 2022 voter turnout because the elections hadn’t occurred yet, the report says. The signature requirement based on 2020 voter turnout was 41,776 signatures, meaning the measures didn’t reach the 15% threshold for two-thirds of Wyoming’s counties; however, the secretary of state’s office now reports that, based on 2022 voter turnout, 29,730 signatures are required to get an initiative on the 2024 ballot. 

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Massachusetts Cannabis Company Suing Over Host Community Agreement Fees

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A Pittsfield, Massachusetts cannabis company is suing the city over its Community Impact Fees, alleging officials have not identified any “impacts” the company has had on the community, JD Supra reports. Under the state’s legalization law, the Community Impact Fees imposed on cannabis businesses must be “reasonably related” to the costs incurred by a municipality as a result of cannabis business operations and municipalities must furnish annually documentary proof of such costs to operators. 

Berkshire Roots is seeking to recoup $440,000 in Community Impact Fees it paid to Pittsfield since 2018; however, the state’s legalization law does not expressly address whether cannabis businesses may recoup past Community Impact Fee payments that were not in accordance with the law.  

According to the complaint, Berkshire Roots has two so-called Host Community Agreements with the city – one for its medical cannabis operations and one for its adult-use operations.  

Amendments to the state’s legalization law expressly authorize licensees to sue host communities for breach of contract if a licensee believes the preceding year’s municipal cost documentation – which a municipality is now required to provide to an operator during the license renewal process – is not “reasonably related” to the actual costs imposed on the municipality. Under those provisions, licensees can sue to “recover damages, attorneys’ fees, and other costs encompassed in the community impact fee that are not reasonably related to the actual costs imposed upon the city or town,” according to the JD Supra review. Berkshire Roots’ lawsuit does not cite the new law as the legal basis for the lawsuit but references the prior statutory regime and a 2020 Guidance Document issued by the Cannabis Control Commission on Host Community Agreements. 

Pittsfield-based Bloom Brothers filed its own lawsuit against Pittsfield last year and is seeking to recoup $110,000 in Host Community Agreements fees, alleging the city has never provided the documentation showing the company’s impact on the city. 

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Connecticut Cannabis Sales Surpass $25M In September for New Monthly Sales Record 

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Combined medical and adult-use cannabis sales in Connecticut surpassed $25 million in September, setting a new monthly sales record in the state, according to Department of Consumer Protection (DCP) data outlined by CT News Junkie. September also saw the lowest average product prices at $38.21 for medical cannabis and $38.37 for adult-use products. 

The price per product was highest in January at $44.61 and has declined nearly every month since. 

In all, adult-use sales totaled $14.3 million while medical cannabis sales neared $11 million. The majority of total sales – 52% – were flower, followed by vape products (30%) and edibles (11%).   

Adult-use customers purchased 376,035 products in the month of September while medical cannabis patients purchased 284,116 products. 

The September figures issued by DCP are considered preliminary and don’t account for sales tax collected at point-of-sale for adult-use products. Medical cannabis products are exempt from taxes. 

In August, combined cannabis sales in the state totaled $25 million, which set the previous record, with $14 million in adult-use sales and $11 million in medical cannabis sales. 

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The Hidden Harvest: How Glove Choice Can Boost Profits

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Ever shop for disposable gloves and think, “What’s the difference? They all look the same.” A natural reaction would be to find the best deal and click that purchase button with authority knowing you saved money.

There’s so much more to it. We talked in our last article, “Glove Essentials: Cannabis Industry Must Knows” about why gloves are essential safety equipment in the cannabis industry. There is also a big financial component to consider. Duh, right? Stick with me. I’ll explain.

Gloves with Profit Protection?

There will always be a bottom line. A budget that must be met. But purchasing disposable gloves includes more factors than simply the price in your cart. Think of it as like buying an energy-efficient freezer. The sticker price may be slightly higher, but over the life of the freezer it’s going to cost you less than a standard freezer. No, gloves won’t lower your electricity bill – wouldn’t that be great – but purchasing better quality gloves can actually reduce the amount you spend on them over time.

Higher-quality gloves can lower costs in a few different ways. Put your calculator down and listen up. Better gloves reduce:

  • Ripping: It’s no shock that if a product is made with higher quality ingredients and manufacturing processes, it is going to be a better caliber product and likely last longer. The same can be said for gloves. Manufacturers can cut corners and save money by using cheap ingredients and fillers, such as chalk. Basically, they have a large bucket of nitrile ‘goo’. Adding cheap fillers like chalk to the bucket makes more ‘goo’. More ‘goo’ = more gloves for less money.You can see the problem here. The manufacturer makes gloves at a reduced cost. Possibly giving you that ‘Yay, I found cheap gloves!’ feeling. But chalk doesn’t stretch, causing these cheaply made gloves to rip and tear at an extremely higher rate than ones made with high-quality ingredients. Not to mention, if a glove rips when you are handling a product all the ‘glove juice’ inside, made of sweat and whatever else was on your hands, can pour out onto the product … and that is pretty darn disgusting.

  • Glove Use: Have you ever had to put on five gloves to get one to work because they keep ripping or the cuff keeps tearing off? How frustrating and time-consuming is that? The manufacturer adding cheap ingredients and fillers, which degrade the integrity of the glove, could be why. Cheaply made gloves dramatically increases the number of gloves your team actually uses. Buying a box of 100 gloves and having your team only wear and use 60-70% of them drastically increases the cost per glove. Not to mention the hit to your team’s efficiency, because when they are constantly changing ripped gloves, they aren’t working.In contrast, a higher-quality glove (in the correct size) won’t rip when you put it on and will have superior durability, which will also enable it to be worn longer during use. Therefore, the box of gloves that, at first glance, may have a slightly higher sticker price may actually work to protect your team and product better, for a longer period of time and less per glove cost.
    Wouldn’t it be nice if you didn’t have to order as many disposable gloves? We think so. This can also support your sustainability efforts, which I’ll mention more about below. Let’s stick to the financial impact for the time being.
  • Glove Waste: Eliminating ripped gloves that your staff is throwing away without even using and reducing the number of gloves used per shift will lower your company’s overall glove use. Consequently, using fewer gloves also reduces the amount of trash your company disposes, lowering waste disposal costs. This also helps the environment; we’ll dive into that later.
  • Contamination & Recall Risk: Disposable gloves protect your cannabis products from cross-contamination. They should anyway! But imagine for a minute that those gloves, used to protect your product, were dirty and, in fact, were a source of contamination. It’s happened. A cannabis producer and processor actually had a recall because the gloves they used had O-Phenylphenol on them. They did everything right, but new gloves right out of the box had a fungicide on them that was flagged during product testing. How does this happen? If a manufacturer uses dirty water sources or cuts corners by inadequately heating their water tanks (required to sanitize the water), everything in the water can get on the gloves during the washing stage. In turn, everything on those gloves can get on your product!
    We’re not the messengers of doom and gloom. In fact, we’re quite a fun bunch. There are solutions. We understand the sheer number of details you think about and decisions you make every day for your cannabis company, and we realize disposable gloves are likely ones that don’t rise to the surface often.
    The cannabis industry is a unique market as it progresses and develops regulations and testing requirements. Historically, the disposable glove industry has operated on blind trust. There are no ingredient labels on the box. Manufacturers are not required to show how they made the gloves. The user has had one option: to buy, use and trust gloves that they know nothing about. This isn’t fair! …Louder for the people in the back! So, we developed our proprietary glove testing program, Delta Zero™, to mitigate the risk of glove contamination.

  • Worker skin issues: Now, on to those who wear the gloves. We know you care about your staff, and we hear, more often than we’d like, how workers have skin issues from the gloves they are wearing. Straight up, a glove made with higher-quality ingredients and manufacturing processes is less likely to irritate the wearer’s skin, also typically reducing the amount of hand sweat.Commonly, cheap ingredients and chemicals added during manufacturing are what is irritating your workers skin. You can read a deep dive into skin issues caused by gloves here. Working with sore irritated hands all day? That’s just miserable and unnecessary! Not to mention, it decreases workers’ efficiency and increases days needed off work for their skin to heal. Workers need taking care of, and so does your bottom line. A high-quality glove can do both.

A Greener Glove?

Here’s the part about supporting your sustainability initiative with disposable gloves. There are an estimated 300 billion disposable gloves used in the US each year across various industries. We are often asked by companies for the best solution to reduce their environmental impact of glove use. A company can increase their environmental impact in a few different ways: reduce, reuse or recycle.

  • Reduce: In addition to a higher quality glove reducing overall glove use and waste it can also be made thinner, without sacrificing durability, reducing the amount of glove waste even further. To break it down to easy math, if you could successfully use a more durable 3mil glove for a process where you had previously used a 6mil, you’d be cutting your environmental impact in half with a simple product switch! No training or new processes necessary. Currently, we recommend this strategy for glove sustainability.
  • Reuse: Using gloves multiple times is not an option due to contamination risks. So, let’s toss that idea in the garbage…where you could be placing fewer gloves.
  • Recycle: Nitrile glove recycling is currently done by Terracycle, but there are additional investments and carbon impacts that should be considered in your sustainability analysis, such as transport and energy used during recycling.

We are constantly looking for ways to do disposable gloves better. In the meantime, we recommend using high-quality nitrile gloves to reduce cost, contamination risk, skin issues and waste.

Is there anything in the glove world you’d like covered in our next blog? Let me know!

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USDA Says Genetically Modified Hemp Plant Containing 0% THC Can Be Grown In U.S.

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The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has approved a genetically modified hemp plant engineered by Growing Together Research Inc. that has reduced THC and cannabichromene (CBC) levels. The agency said it reviewed the plant to determine whether it posed an increased plant pest risk compared to other varietals.

In its letter to the USDA, Growing Together notes that the plant contains 0% THC, which would reduce farmers’ risk of growing so-called “hot crops” which “creates an economic and regulatory risk to farmers who want to grow hemp.”

Growing Together noted in a press release last year announcing the cultivar that from 2018-2020 more than 10% of planted hemp acreage was “hot.” 

USDA, through APHIS, regulates the “Movement of Organisms Modified or Produced through Genetic Engineering” under the Plant Protection Act of 2000.

In a letter to Growing Together, APHIS Deputy Administrator Bernadette Juarez said the agency “found this modified hemp is unlikely to pose an increased plant pest risk compared to other cultivated hemp.”  

“As a result,” she wrote, “it is not subject to regulation under [the Plant Protection Act]. From a plant pest risk perspective, this hemp may be safely grown and bred in the United States.”

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New York Bill Would Ban Cannabis Smoking and Vaping Within 30ft of Children

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A bill introduced in New York seeks to prohibit smoking or vaping cannabis within 30 feet of a child or 30 feet of any location in which children reside or attend for any recreational or educational purpose. The legislation, introduced by Democratic Assemblymembers Phil Steck and Marianne Buttenschon, would impose a $25 fine and no more than 20 hours of community service for a first offense, rising to a class B misdemeanor for subsequent violations. 

In a statement posted to Facebook, Steck said that “Many constituents have expressed concern over irresponsible behavior with marijuana that adversely affects the rights of others to raise their children as they feel is appropriate.”    

“People do not have a God-given right to engage in any behavior they want at any time, in any place, under any circumstances. People have a right to enjoy marijuana so long as it does not adversely affect the rights of others. Further, the [Centers for Disease Control] has described significant adverse health effects from modern marijuana. That does not mean making it illegal. It just means taking a sensible approach to it.” — Steck in a statement on Facebook 

Stack added that while he has “steadfastly supported” cannabis legalization and “resisted attacks” on legalization by colleagues, he is “not a libertarian with respect to marijuana, or anything else for that matter.”  

“Marijuana and alcohol (which is already substantially regulated) need to be regulated in the best interest of the entire community,” he wrote in the Facebook post. 

The measure is currently in the Assembly Codes Committee.  

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Portland, Maine City Council Passes Resolution to Deprioritize Psychedelic Mushroom Prosecutions

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The Portland, Maine City Council last week passed a resolution to deprioritize criminal prosecution for personal use of psychedelic mushrooms, Spectrum News reports. The resolution passed 6-3; however, Corporation Counsel Michael Goldman described the resolution as “a statement of the council’s opinion.” 

“You’re not directing the city manager to do anything. You’re not directing the chief of police to do anything. It’s a statement of opinion of what the council wants to see in terms of priority of issuance of citations, arrests, prosecutions, those kinds of things.” — Goldman via Spectrum News 

During the meeting, Portland Police Chief Mark Dubois described it as a “non-issue.”   

“Nobody can recall arresting anybody for any of these things that we’re talking about, ever,” he said. 

Councilor Mark Dion, a former Cumberland County Sheriff, was one of the three who voted against the resolution, saying while he supports the use of psychedelics for legitimate medical purposes, he thinks the decision “belongs to the state legislature” and that the term “deprioritization” could be misunderstood.     

“This difference of term – deprioritization versus decriminalization – we think we know what that means,” he said. “I can guarantee you, young people out in the community will say, ‘OK, they’ve legalized it. I’m all set in Portland!’ and they’re going to have adverse consequences because of that.”   

Councilor April Fournier, chair of the council’s Health & Human Services and Public Safety Committee, sponsored the measure. She said the resolution will send a positive message to people who use psychedelic plants for medical purposes.  

“I truly believe in harm reduction and being able to figure out what is everyone’s path to wellness,” she said during the meeting. “…I think it should be up to the individual to really have the ability to consider that.”  

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California Gov. Vetoes Bills to Legalize Cannabis Cafes and Decriminalize Some Psychedelic Plants

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Gov. Gavin Newsom (D) over the weekend vetoed a bill to legalize cannabis cafes, another to decriminalize some psychedelic plants, and a third that would have imposed new restrictions on the labeling and packaging of cannabis products.

In his veto message for the cannabis cafes bill, Newsom said the measure “could undermine California’s long-standing smoke-free workplace protections” but urged the bill’s author to address the concern in subsequent legislation.

In his veto of the bill to decriminalize some psychedelic plants, including mescaline, DMT, psilocybin, and psilocin, Newsom said that while “peer-reviewed science and powerful personal anecdotes” lead him “to support new opportunities to address mental health through psychedelic medicines” he believes the state should first “begin work to set up regulated treatment guidelines,” including “dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses.”

“I urge the legislature to send me legislation next year that includes therapeutic guidelines. I am, additionally, committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place.” — Newsom in his veto message

Newsom’s veto of the bill that would have prohibited cannabis product labels and packaging from being “attractive to children” was due to his concern that the term “attractive to children” is “overly broad.” He said that the state’s medical and adult-use cannabis laws, and Department of Cannabis Control (DCC) regulations already prohibit such marketing.

“By prohibiting entire categories of images, this bill would sweep in commonplace designs,” Newsom said in his veto message, “and I am not convinced that these additional limits will meaningfully protect children beyond what is required under existing law.”

Newsom added that he will direct the DCC “to strengthen and expand existing youth-related cannabis protections.” 

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Low-THC Medical Cannabis Oil Will Soon Be Available in Independent Georgia Pharmacies

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Low-THC cannabis oil will soon be available in some Georgia pharmacies as officials hope to make access to the products easier for the state’s registered medical cannabis patients, the Associated Press reports. Georgia is the first state in the nation to allow medical cannabis to be sold at independent pharmacies.  

The Georgia Board of Pharmacy began accepting applications last week, and nearly 120 pharmacies have agreed to provide medication from Botanical Sciences, one of the state’s two licensed production companies, the report says. Currently, patients must obtain their medicine from one of just seven licensed cannabis dispensaries in the state that have opened since April.   

Gary Long, CEO for Botanical Sciences, told the AP that “Pharmacists have been fielding questions from patients for years without ever having the ability to do anything about it.” 

“Finally, they have the ability not just to give people advice but provide them with the therapies they’ve been seeking.” — Long to the AP 

Gov. Brian Kemp (R) approved rules last month passed by the state Pharmacy Board clearing the way for pharmacies to begin selling the low-THC oil, which can contain no more than 5% THC. There are more than 400 independent pharmacies in Georgia and Jonathan Marquess, vice president for the Georgia Pharmacy Association and the owner of several pharmacies in the Atlanta area, told the AP that he expects most would be interested in carrying the products. 

National chains like CVS and Walgreens will not sell the medical cannabis products, the report says.   

“We’re going to have patients that need this health care in some remote parts of Georgia that probably would never have a dispensary near them,” Marquess told the AP. “But they do have a caring professional, a knowledgeable professional pharmacist, in their communities who can talk to them.” 

There are currently about 14,000 registered medical cannabis patients in Georgia, according to state Department of Public Health data, which had previously been miscounting the number of medical cannabis patients and caregivers by as many as 36,000.   

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Anchorage, Alaska Proposal Would Relax Cannabis Policies for Most City Employees

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City officials in Anchorage, Alaska are considering exempting some city employees from penalties for cannabis use, Must Read Alaska reports. Instead of termination, employees who test positive for cannabis will be offered counseling and addiction treatment.  

According to the proposed ordinance text, the purpose of the ordinance “is to repeal and replace the Municipality of Anchorage’s drug testing policy, specifically shifting from a punitive policy to a health-centered approach.”  

“It also substantially changes the policy regarding the testing of marijuana for municipal employees. With the changing legal landscape surrounding marijuana in Alaska and the evolving understanding of individual liberty and privacy interests, it is time to reevaluate our drug testing policy,” the ordinance states. “This proposal aims to remove marijuana testing for most municipal employees, aligning with the state’s stance on marijuana legalization while still maintaining safety standards for safety-sensitive positions, as defined by the Department of Transportation.” 

The ordinance does not explicitly outline what would be considered a safety-sensitive position; however, it does note that some jobs regulated by the federal Department of Transportation (USDOT) mandate drug testing for cannabis and that it is the policy of the Alaska Police Standards Council to prohibit sworn officers from cannabis possession, distribution, and cultivation and that Anchorage police “should remain covered under USDOT testing protocols.” 

The Anchorage Assembly will consider the proposal on Tuesday.

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ATF Raises Concerns About Arkansas Law Allowing Cannabis Patients to Carry Concealed Handguns

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In a letter to Division of Arkansas Crime Information Operations Director Rick Stallings, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) outlined safety concerns with the state agency’s decision to allow medical cannabis patients to receive concealed handgun carry licenses (CHCL).  

In the letter, signed by Marianna Mitchem, chief of the Firearms and Explosives Industry Division Office of Enforcement Programs and Services, wrote that the “ATF is concerned that the issuance of CHCLs to individuals who are prohibited by Federal law from possession of firearms creates an unacceptable risk of placing firearms in the hands of prohibited persons.”  

The letter adds that while a 2023 audit of Arkansas’ alternative permit process by the Federal Bureau of Investigations (FBI) Criminal Justice Information Services (CJIS) Division resulted in no findings that required corrective action, the ATF had previously sent guidance to Federal Firearms Licensees (FFL) advising them that regardless of state laws, cannabis is a Schedule 1 controlled substance, and “therefore, a person who uses or is addicted to marijuana is an unlawful user of or addicted to a controlled substance and is prohibited by Federal law from possessing firearms and ammunition.”  

Arkansas lawmakers passed a bill in April that protects the rights of medical cannabis patients in the state to carry concealed handguns and prohibits Arkansas State Police from considering “a person’s status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution … in determining whether an applicant or licensee is eligible to be issued a license to carry a concealed handgun,” according to the bill text.   

The letter asks Stallings for clarification on how the state ensures “all current CHCL holders and applicants are not ‘controlled substance users,’ including users of medicinal marijuana” and how the state reconciles its state law with federal law.  

“If Arkansas law does not require authorized State officials to confirm that an individual is not a ‘controlled substance user,’ then federally prohibited marijuana users may obtain firearms using the CHCL,” the letter states. “If ATF does not receive a response to the above issues, ATF will reevaluate the Arkansas CHCL as an alternative permit. As a result of that process, ATF may determine an Arkansas CHCL no longer qualifies as an alternate to the NICS check requirement.” 

Mitchem asked for a response from Stallings on the questions within 30 days. 

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Ohio Attorney General Provides Legal Analysis of Cannabis Legalization Ballot Question

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Ohio Attorney General Dave Yost this week issued a legal analysis on the proposed ballot initiative to legalize cannabis in the state in an effort to provide “Ohioans with vital clarity and transparency” ahead of the November 7 vote.  

“The people of Ohio hired me to do a job. I owe it to them to give them accurate information so they can make informed decisions. This work is for them.” — Yost in a press release 

In the analysis, Yost contends that the legalization measure “is not expected to eliminate the black market” for cannabis products but the analysis does not take a position on the question. 

The analysis notes that industry licenses would be based on numerous factors, including “wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business”; “social disadvantage” based on race, color, ethnic origin, gender, physical disability, long-term residence in an area of high employment, or previous cannabis-related criminal offenses; and “economic disadvantage based on economic and business size thresholds and eligibility criteria aimed at stimulating development in qualified census tracts.”  

“The new program would also implement an outreach initiative to educate potential participants about the program; provide financial assistance, loans, grants, and technical assistance to certified participants; encourage employment practices that focus on hiring and educating minorities, women, veterans, and persons with disabilities; fund various studies; and propose policy change,” the analysis says. 

The analysis also notes that, if approved, the measure would create a program for cannabis addiction services to be implemented by the Ohio Department of Mental Health and Addiction Services, paid for by the 10% excise tax on cannabis products.  

“The program would include best practices for education and treatment of individuals with addiction issues related to marijuana or other controlled substances,” the analysis says, “including opioids, as well as a toll-free telephone number Ohio residents could call to obtain basic information about addiction services available, and options for an addicted consumer to obtain help.” 

Additionally, the AG’s analysis explains that the measure “does not address the interplay between the proposed state law and existing federal law” and that the federal government could still choose to prosecute those who violate federal law despite state law reforms.  

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Florida Supreme Court to Hear Arguments on Cannabis Legalization Initiative Next Month

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The Florida Supreme Court has scheduled for November 8 oral arguments on the proposed ballot initiative to legalize cannabis for adult use, WFLA reports. The challenge to the proposal is led by state Attorney General Ashley Moody who claims the measure “misleads” voters to benefit Trulieve, the state’s largest medical cannabis company. 

According to the ballot question’s summary, the measure would allow “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption.” However, Moody argues the proposal, if passed, “would not actually allow anything,” because cannabis possession is illegal under federal law 

Smart and Safe Florida, the sponsor of the petition, argues that Moody’s arguments are a “thinly veiled policy agenda.”  

In oral arguments for the ballot initiative, each side will have 20 minutes to state their case before the Florida Supreme Court. The petition has garnered over 1,033,000 valid signatures from across the state. Adult-use cannabis initiatives had made it onto statewide ballots in 2014 and 2016 but neither surpassed the 60% threshold required for constitutional amendments. The Florida Supreme Court rejected a recreational marijuana initiative in 2021 on the grounds that the ballot summary did not address its contradiction with federal law.    

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Minnesota County Considering Operating Cannabis Dispensary

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Officials in Cook County, Minnesota are considering operating a municipal cannabis dispensary, WTIP reports. The county currently runs a liquor store in Grand Marais and the arrangement for the dispensary would be similar. 

County Administrator James Joerke told WTIP that officials are interested in a county-run dispensary “because it would create a new revenue stream for county government” that could potentially be used to offset the county levy.  

Were the county to open a dispensary, they would purchase the cannabis products from a non-county entity, most likely a grower unaffiliated with any form of local government. Commissioner Dave Mills compared the scenario to that of the liquor store in Grand Marais – in that the city does not distill its own liquor, but buys it from someone else and then sells it. 

To curb federal law, Mills suggested that the Cook County Economic Development Authority (EDA) could be the organization that actually has claim to the dispensary. However, he said that the EDA Board of Directors did not have “a whole lot of comfort” about the plan. 

According to Minnesota Department of Revenue data outlined by WTIP, the state received nearly $600,000 in sales tax alone through August 21. According to Revenue Department data, the sales tax is projected to provide $15.4 million in additional funding to the state’s General Fund in Fiscal Year 2024, $50 million in 2025, and $84 million and in 2026. 

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Michigan Bill Would Allow Students to Use Medical Cannabis at School

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A bill introduced in Michigan seeks to allow students to use medical cannabis at school, CBS News reports. It is the second time the measure, known as Jayden’s Law, has been introduced in the state and supporters say it would allow students to take their medicine without interrupting academic time.   

State Rep. Jimmie Wilson Jr. (D), one of the bill’s sponsors, told CBS News that the proposal allows medical cannabis pediatric patients to have their medication in the schools the same way anyone else has their medications stored.” 

“The same way, whether it be in a nurse’s office or an administration office, they would go up and access their medication the same way anyone else would, and they would go back to class.” — Wilson Jr. to CBS News 

Under current state law, students must be checked out of school and taken at least 1,000 feet from the building to take their medicine and then be checked back into school. 

State Sen. Dylan Wegela (D) told CBS News that the bill’s passage “would simply make their day more cohesive.” 

“It is an inconvenience for students who take this medicine,” he said. “Most of those students who have autism or have chronic pain or epilepsy have to take time out of the school day, miss instructional hours and go off campus to take medicine, and then come back.” 

The proposal does not allow smokeable forms of cannabis to be administered on school grounds. Students would be able to access products like tinctures and pills. The measure also allows schools to opt out if the federal government challenged the regulations.   

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VCT Announces New Proprietary Delivery Method for Cannabis Vaporization Which Aims to Eliminate Risks Associated with Unregulated Counterfeits

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Vapor Cartridge Technology (VCT) is proud to introduce a groundbreaking solution to address the pressing concerns surrounding vape cartridges in the cannabis market. With a commitment to ensuring the safety and quality of cannabis consumption, VCT presents a new proprietary delivery method that stands to revolutionize the industry.

The Current Cannabis Landscape

In today’s cannabis landscape, the demand for cannabis extracts is skyrocketing. Vaporization has become a preferred method of consumption due to its quick onset of effects and high bioavailability, making vape pens one of the most popular delivery methods among US consumers. However, the extraction of THC and CBD oils, achieved through methods such as Super Critical CO2 and hydrocarbon extraction, often involves the use of diluting agents to optimize their functionality in vape cartridges. These diluting agents have been associated with health concerns stemming from vape usage. Additionally, the ease of counterfeiting existing vape pens and the presence of unregulated manufacturers pose significant risks to consumers.

Summary of New Technology

Vapor Cartridge Technology (VCT) is proud to introduce its innovative solution to these challenges. VCT’s approach is revolutionary in several key aspects:

  1. Product Purity: VCT’s delivery method utilizes no diluting agents or additive oils, resulting in clean and precise vapor.
  2. Patented Thermal Distillation Process: VCT employs a patented “Thermal Distillation Process,” a “whole plant” extraction method that extracts all 150+ cannabinoids, terpenes, trace flavonoids, carotenoids, and chlorophylls from cannabis.
  3. Conductive Aluminum Substrate: Botanical extracts are accumulated on a conductive aluminum substrate, which can be easily “rolled” into a cartridge cylinder for implementation in a vaporizer.
  4. Low Temperature Vaporization: VCT’s process ensures that only the botanical compounds are inhaled, minimizing any potential risks associated with inhaling harmful substances.
  5. No Chemical Solvents: The Thermal Distillation process uses no chemical solvents, ensuring a safe and pure vaping experience. Additionally, the aluminum cartridges are recyclable, reducing environmental impact.

Opportunities for Licensees & Regulators

Vapor Cartridge Technology offers an exceptional opportunity for regulators and licensees to take control of vape cartridge manufacturing, thereby curbing counterfeiting and delivering a superior product to consumers. VCT is actively seeking partnerships with cannabis regulatory bodies, brand manufacturers, and makers of extraction and processing equipment. Moreover, VCT has recently published a proposal for the California Department of Tax and Fee Administration (CDTFA), detailing how its technology can reinvigorate the legal cannabis market in California.

VCT founder Timothy McCullough is available for discussions regarding the proposal and the potential benefits of implementing this groundbreaking technology.

About VCT:
Vapor Cartridge Technology (VCT) is a patented and FDA-approvable process for extracting essential oils and resins from cannabis, along with an FDA-approvable device for delivering a pure and exact dose of the extracted oils/resins as a consistently reliable, precise inhalable vapor. This cutting-edge technology, once commercialized, will provide a pure and exact dose of inhalable vapor and will be far more cost-effective than current methods in both medical and recreational markets.

Vapor Cartridge Technology LLC is actively seeking licensing opportunities for their new technology. Regulators and venture capital firms in both existing markets and emerging markets may reach Tim McCullough via email or telephone.

Email: TLM.VCT.144@comcast.net   Mobile: 651- 491- 2115

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General Cannabis Licensing Opens in New York

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General cannabis licensing in New York opens today amid an injunction on its Conditional Adult-Use Retail licensing program imposed by a judge in August. The 60-day window includes licensing applications for cultivators, processors, distributors, retailers, and micro licenses.

The window opens two days before the state Supreme Court is set to make a decision on the current injunction. Justice Kevin Bryan in August imposed the injunction on cannabis licenses in New York after finding that the state had not followed its own rules with regard to the definition of social equity. The lawsuit was filed by four service-disabled military veterans who argued that the Office of Cannabis Management created a licensing system that ran afoul of New York‘s adult-use cannabis law and improperly limited initial licenses to people with cannabis convictions rather than a wider category of social equity applicants, including service-disabled military veterans. The lawsuit claims that the cannabis regulators overstepped their authority by creating the licensing category for people with convictions because that decision was not approved by the Legislature and that the decision violates the state constitution.  

Since the imposition of the injunction, all of New York’s cannabis licensees that have not opened their business in earnest have been in flux, forced to stop building out their sites or working toward opening.   

The slow rollout of adult-use cannabis sales in New York, paired with the court order, has led to what lawmakers described in a letter to Gov. Kathy Hochul (D) as “250,000 pounds of unsold cannabis.” In that letter, the signatories urged the governor to pass the Cannabis Crop Rescue Act, which would allow farmers to sell their cannabis to dispensaries on Tribal lands in the state.           

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Study: Nearly 19% of Online Cannabis Sellers Do Not Require Age Verification

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A recent study published in JAMA Pediatrics suggests that 18.8% of online cannabis sellers do not require age verification, according to a Healio News report outlining the research. Among the 80 sellers included in the study, 84% offered nontraceable payment methods, which could help children hide their purchases, and 28% had an out-of-state delivery option. 

Between July 1, 2022, and June 15, 2023, researchers created a list of Google search terms to identify online cannabis dispensaries that sold to U.S. customers, and collected data on various attributes of the sites, such as “if a site verified a user prior to entering the website and prior to checkout,” Ruth L. Milanaik, DO, a developmental and behavioral health specialist at Cohen Children’s Medical Center, explained to Healio. 

It is not clear if the researchers differentiated between licensed brick-and-mortar cannabis dispensaries operating within a state-regulated market and online-only businesses selling processed hemp products. In most states, licensed cannabis dispensaries and delivery services are required to manually check ID for every purchase, often at multiple points of interaction. Purveyors of hemp-derived products are essentially unregulated, operating under the disputed assumption that the 2018 Farm Bill legalized any hemp-derived cannabinoid product containing less than 0.3% THC.

The researchers found 80 online dispensaries based in 32 states and recorded their policies and products. Seventy percent of the websites prompted users to click yes to confirm they were of legal age, and 3.8% asked for a specific birth date, but none required verified age documentation to enter the website.

“The lack of age verification was surprising, but not unexpected,” she said, “as we knew that age verification tactics were lacking on many alcohol and e-cigarette sites as well from reading previous research.” 

According to the research, another 66.3% required users to verify age when completing a purchase or on a receipt of a cannabis product, with half accepting options such as government-issued identification, 26.3% accepting a medical cannabis identification number, and 10% accepting a self-reported birth date. 92.5% of the dispensaries offered vapes, 93.8% offered edibles, 53.3% offered nonalcoholic beverages, and 78.7% offered chocolates. 

Local delivery was offered by 67.5% of the sellers, with 66.3% offering pickup. Another 27.5% of the sites offered out-of-state delivery, with 95% saying they could deliver to states with differing cannabis laws than the state where the dispensary was located.  

Milanaik told Healio that the researchers were “most surprised by the offers to ship across states and the vague language” on many of the websites.    

Since the researchers used Google to identify dispensaries, and since licensed dispensary owners would be unlikely to publicly flaunt rules that would result in their license being revoked (i.e. selling across state lines), it is likely that many if not all of the reviewed dispensaries offering interstate sales were selling hemp-derived products, not regulated cannabis.

The fact that the researchers apparently did not distinguish between hemp-derived products and regulated cannabis products highlights the lack of consumer awareness of the difference, and the urgent need for better regulations governing intoxicating hemp products to prevent them from winding up in the hands of children.

 

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Some New Jersey Cannabis Dispensaries to Share $12M in State Grants

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Nearly 40 New Jersey cannabis dispensaries will share $12 million in state joint venture grants from the state Economic Development Authority, PIX 11 reports. The grants are geared toward diverse representatives of communities most affected by the war on drugs.    

In an interview with PIX 11, Francesca DeRogatis, co-founder and COO of Nightjar which will receive a $250,000 grant, described the program as “really life changing.” 

“We can market the business better, so we have the budget now to engage in marketing tactics that we weren’t able to do before. We’ll also be able to hire employees.” — DeRogatis to PIX 11 

Jill Cohen, founding owner of Elevated by The Cannaboss Lady Dispensary, said the funds will help her “recoup a lot of those startup costs” which she described as “crippling.”

“You need that working capital to now buy supply and keep payroll going,” she told PIX 11.

The state had initially offered the grants to 24 businesses, but Gov. Phil Murphy (D) opened the program up to 48 businesses. 

Tai Cooper, with the New Jersey Economic Development Authority, told PIX 11 that the agency had received about 160 applications within the first hour or so of officials opening the application process on April 20.      

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Georgia Has Been Miscounting Medical Cannabis Patients and Caregivers for Years

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The Georgia Department of Public Health (DPH) has been miscounting the number of medical cannabis patients and caregivers enrolled in its low-THC oil registry for years, 11 Alive reports. Health officials had previously reported there were about 50,000 people signed up for the registry, but the figure is actually about 14,000. 

The inconsistency was due to officials counting expired and duplicate ID cards, patients counted as caregivers, and about 3,400 patients who had died. The state database had counted 21,000 caregivers but the number is actually 1,200. DPH Commissioner Kathleen Toomey told 11 Alive that the state relied on physicians to remove patients who stopped using the oil or died, but many of them stopped reporting the information during the COVID-19 pandemic. 

In Georgia, the number of registered medical cannabis patients directly impacts the number of dispensaries that can open. 

Gary Long, CEO of Botanical Sciences, one of the state’s two licensed medical cannabis companies, said the firm is “disappointed to learn of this discrepancy” because it relies on the state data “to make critical business decisions.” 

“We are eager to continue working with the state to increase awareness about and broaden Georgians’ access to medical cannabis,” he told 11 Alive. 

In an interview with the Atlanta Journal-Constitution, Long said “focus should be on how we move past this in a cohesive way that increases awareness of this industry in our state and the availability of these therapeutic products for patients in need.” 

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Former Massachusetts Cannabis Control Commission Head Sues Over Suspension

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The former chairwoman of the Massachusetts Cannabis Control Commission (CCC) is suing the state treasurer after she was removed from her position leading the agency, SHNS reports. In the lawsuit, Shannon O’Brien accuses Deborah Goldberg of removing her as head of the CCC “without notice, without articulated reason, and without any opportunity to be heard, all of which is required by the clear and unambiguous provisions of Massachusetts law … as well as basic norms of due process.” 

Goldberg had appointed O’Brien to chair the CCC a year ago but suspended her two weeks ago without offering a reason publicly. In a statement following the suspension, but prior to the lawsuit, Goldberg said she removed O’Brien based on “several serious allegations” made by an unnamed commissioner and staff about her behavior. In a response to the lawsuit, a spokesperson for Goldberg said the treasurer “is confident that she has taken the appropriate actions to address the matter.”

“Several serious allegations were made by a Commissioner and CCC staff about the Chair’s behavior and the CCC initiated an investigation, hiring an outside law firm. The law firm undertook an investigation and has returned with a report. According to the CCC’s employee handbook, suspension with pay is the only allowable remedy at this point, as the findings are being reviewed and action is considered. A second challenge involved in this situation is that the enabling legislation for the Commission clearly establishes the CCC as an independent entity. The role of the Treasurer is to appoint the Chair and jointly appoint two other Commissioners, but beyond that the office of the Treasurer has no other authority, oversight, management, or influence over the Commission.” — Goldberg in a statement 

The lawsuit is asking for a preliminary injunction to stop Goldberg from removing O’Brien, describing the move as “unlawful.” 

Last year, the CCC’s first chair, Steve Hoffman, resigned from the position. O’Brien’s lawsuit claims Hoffman left the role after the agency’s “entrenched bureaucracy” made “false allegations against him.” At that time, Hoffman offered no reason for his departure, saying it was “a natural inflection point when the time is right for a transition in leadership.”   

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Sen. Grassley Says Congress Should Prioritize Scheduling Fentanyl-Related Substances Over Cannabis Banking

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In a letter to Senate Majority Leader Chuck Schumer (D-NY), Sen. Chuck Grassley (R-IA) said the chamber should prioritize a measure to permanently schedule fentanyl related substances under the Controlled Substances Act over the passage of the Secure and Fair Enforcement Regulation (SAFER) Banking Act Banking Act. 

In the letter, Grassley claims that the banking bill “could equip criminal actors with resources to expand their influence.” 

“For years, the law enforcement community has raised serious concerns that the SAFE Banking Act and its progeny are a boon for the very cartels that are pumping fentanyl into our streets. Despite its relation to Title 18, the legislation has largely bypassed the critical eyes of the Senate Judiciary Committee, and the current text does little to resolve the Justice Department’s enforcement concerns.” — Grassley in the letter 

Grassley added that he is “disheartened” that Schumer intends to bring the cannabis banking bill “to the Senate floor with all due speed.”  

Instead of addressing the fentanyl crisis, Grassley said “the Senate appears to be turning its attention to legislation designed to ease the movement of marijuana money through the financial system, and provide access for Wall Street to invest billions of dollars into this industry.” 

The bipartisan SAFER Baking Act passed the Senate Committee on Banking, Housing and Urban Affairs late last month. The measure has received support from a bipartisan group of more than 20 attorneys general who sent their own letter to Congressional leadership urging lawmakers to approve the bill.   

In their letters, the AGs note “the lack of access to banking services creates both barriers to entry into the industry and instability for existing businesses” and the law “will enable the evolution of a banking system for legalized cannabis-related businesses that is both responsive and effective in meeting the demands of our economy.”    

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