Latest Cannabis News: May 5, 2021
Latest Cannabis News: May 5, 2021
Stay up to date with the latest legalization and cannabis news with the CB Advisors. Every week, we will release a snippet of what’s happening with each state in the cannabis industry. Did you miss last week? No worries – click here for last week’s cannabis news.
CBD States
Alabama: A medical marijuana bill that has already passed the Alabama Senate was filibustered on the House floor on Tuesday. After previously clearing two House committees last month, the measure came to the floor for consideration—but a small number of opponents drew out the process by making a series of speeches and asking questions until the end of the day’s session at midnight approached. Supporters believe the legislation could be brought up again on Thursday. If it does clear the House it will have to go back to the Senate again so the originating body can consider changes that have recently been made. Sponsored by Sen. Tim Melson (R), the bill would allow people with qualifying conditions to access cannabis for therapeutic purposes. The full Senate approved the legislation in March.
Source: https://www.marijuanamoment.net/alabama-medical-marijuana-bill-gets-filibustered-on-house-floor/
Iowa: Iowa officials are requesting that federal agencies guarantee they won’t punish people for participating in the state’s medical marijuana program, avoiding a protracted legal challenge in the process. Last year, the legislature approved a bill that required the state to seek the protections for its medical cannabis program from the Drug Enforcement Administration (DEA). After months of inaction, activist Carl Olsen filed suit against the governor, alleging that she failed to ensure that the law was effectively carried out because the Department of Public Health had unnecessarily delayed the mandated request. But, within weeks of that lawsuit being filed, the state department on April 23 sent letters to DEA, the Food and Drug Administration, the Centers for Medicare and Medicaid Services and the Department of Education seeking a policy carve-out for Iowa’s limited medical cannabis market.
Kentucky: Kentucky Commissioner of Agriculture Dr. Ryan Quarles announced the Kentucky Department of Agriculture (KDA) has licensed 445 hemp growers to cultivate up to 12,000 acres and 140 hemp processors and handlers for 2021. The Department has also licensed 3.7 million square feet of greenhouse space for production. Of the 445 hemp growers licenses, 130 are “storage only” licenses for growers to market a previously grown hemp harvest in 2021. The KDA oversaw 970 licensed growers and 178 processors in 2020. Kentucky growers reported growing 5,000 acres of hemp in 2020.
North Carolina: The NC General Assembly introduced two different bills regarding marijuana in April. Senate Bill 771 focuses on legalizing medical marijuana while HB 617 aims to legalize recreational use. A task force convened by Gov. Roy Cooper proposed a series of policy recommendations to support racial equity late last year. They backed marijuana decriminalization, expunging cannabis convictions, and considering more broadly legalize marijuana.
Source: https://www.themycenaean.org/2021/04/new-marijuana-bills-in-the-general-assembly/
South Carolina: This week Sen. Tom Davis (R-Beaufort) profiled the medical cannabis law of South Carolina. The bill calls for the legalization of medical cannabis in the state and the legalization of recreational cannabis. Senator Davis says he has been pushing for the legalization of medical cannabis since 2014 and believes it has a chance of passing next year. Davis says the law has some limitations, but he says it’s still a step in the right direction for South Carolina’s medical cannabis industry.
Tennessee: The Tennessee legislature on Wednesday sent the governor a bill to expand the state’s limited CBD program and create a commission to study broader medical marijuana legalization. The legislation represents a compromise between reform supporters and opponents, though advocates remain disappointed that more comprehensive medical cannabis legalization measures were rejected in committees earlier in the session. Under the proposal, a nine-member commission would be tasked with analyzing federal and state cannabis laws and helping to prepare legislation to legalize medical marijuana. The measure states that implementing a medical cannabis market would be incumbent on Congress rescheduling the plant. The Senate approved the bill by a vote of 19-12 on Tuesday. Then the House cleared it in a 74-17 vote on Wednesday.
Source: https://www.marijuanamoment.net/tennessee-senate-approves-limited-medical-marijuana-compromise-bill/
Texas: The Texas House passed a bill 88-40 Friday that would lower the criminal penalty for possessing small amounts of marijuana and provide a path for many Texans charged with such a crime to expunge it from their criminal records. The bill applies to possession of 1 ounce or less. Currently in Texas, possession of up to 2 ounces of marijuana is a Class B misdemeanor, which can be punishable by up to 180 days in jail and a $2,000 fine. House Bill 441, authored by state Rep. Erin Zwiener, D-Driftwood, would reduce possession of 1 ounce or less to a Class C misdemeanor, which carries no jail time. Police also wouldn’t be allowed to make arrests for possession at or under an ounce.
Source: https://www.texastribune.org/2021/04/29/texas-marijuana-posession-penalties/
Wisconsin: Wisconsin’s Department of Agriculture, Trade, and Consumer Protection (DAC&CP) issued a new emergency rule that will let some hemp growers save crops that go over the federal THC limit of 0.3%. The state adopted two federal rules affecting such adulterated plants. First, allowances have been set that shield growers from fines if their crops go “hot,” raising the tolerance level from a total 0.5% to 1.0% for THC in hemp crops. Those non-compliant crops could be at least partially saved by cutting off and destroying only the flowers, or grinding the entire plant into biomass, said Brian Kuhn, who heads the DAC&CP’s hemp program.
Source: https://hemptoday.net/thc-rules-loosened-in-wisconsin-but-it-wont-help-cbd-growers/
Medical States
Kansas: A Kansas House committee on Tuesday approved a bill to legalize medical marijuana in the state. Members of the House Federal and State Affairs Committee adopted a series of amendments before advancing the legislation in a 12-8 vote. This is the second time that panel has approved the reform proposal this session. After passing in March, it was sent to the House floor but was then rereferred back to the committee for further consideration.
Arkansas: Medical marijuana sales have topped $300 million in Arkansas since the first dispensaries opened in the state in 2019. According to the latest report from the Arkansas Medical Marijuana Commission, there have been 45,286 pounds of medical marijuana sold in Arkansas since that time. In total, medical marijuana sales have reached $303.5 million in Arkansas as of May 2. Since the last medical marijuana sales report, released on April 13, there have been approximately $18.5 million in sales. The April 13 report showed $285 million in sales. In 2021, there has been approximately $85 million in medical marijuana sales. In January 2020, the Medical Marijuana Commission reported that the state had recorded $218.1 million in sales at that point in time (Jan. 13, 2021). Currently, there are 38 licensed dispensaries with 32 active and six working toward opening. Throughout Arkansas, there are 76,533 active patient cards, according to the Arkansas Department of Health.
Source: https://armoneyandpolitics.com/medical-marijuana-sales-in-arkansas-top-300-million/
Florida: Florida State Boxing Commission voted to remove cannabis from its list of prohibited drugs on Tuesday, which means combat sports athletes who use marijuana are no longer at risk of lengthy suspensions or overturned results. “We’re not testing for it,” Florida Department of Business and Professional Regulation spokesperson Patrick Fargason told ESPN. “We’re not doing anything with it — period.” United States Anti-Doping Agency (USADA), charged with drug testing the Ultimate Fighting Championship (UFC) roster before, during, and after each mixed martial arts (MMA) event, made a similar change earlier this year.
Louisiana: The Louisiana House has backed proposals to legalize and tax the raw, smokable form of medical marijuana, a key expansion of the state’s medical program as lawmakers debate looser rules for the drug. The House voted 73-26 Monday to approve Speaker Pro Tem Tanner Magee’s House Bill 391 to allow patients to buy up to 71 grams – or 2.5 ounces – of raw marijuana every two weeks. Currently, patients who get marijuana through the state’s medical program can only access several non-smokable forms of the drug, including tinctures and gummies. Magee’s bill would let the state’s two licensed producers – partners of the agricultural centers at LSU and Southern University – sell the smokable form of the drug to the state’s nine pharmacies licensed to sell marijuana to patients.
Maryland: Since December 2017 when medical cannabis sales in Maryland got underway, the state has generated over $1 billion in cannabis retail sales, according to Marijuana Business Daily. Quarterly sales of $60.5 million in 2019 nearly doubled in the same period of 2020, reaching $115 million. In the first three months of 2021, cannabis sales reached $135 million. According to William Tilburg, executive director of the Maryland Medical Cannabis Commission, the state will hit another billion dollars in about half the time.
A Maryland appeals court has ruled police officers can no longer stop people based on the smell of marijuana alone, further limiting when the distinctive odor can justify police actions. In a decision issued this week, Maryland’s second-highest court found that a whiff of marijuana does not give police a legal reason to stop and investigate someone. Police need “reasonable suspicion” that a crime is being committed before they can detain someone for even a short period of time. Marijuana smell is no longer enough to meet that standard because small amounts of the drug are decriminalized, the court ruled.
Minnesota: Another Minnesota House committee approved a bill to legalize marijuana on Saturday, raising the total number of panels that have advanced the proposal to 10. The Health Finance and Policy Committee passed the legislation by a vote of 11-8 at the joint hearing, which was held in conjunction with the Human Services Finance and Policy Committee—though only members of the former panel voted. House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the measure in February. It would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.
Missouri: Last week Missouri’s cannabis regulators issued a stark warning to licensees who, after holding their license for more than a year, are not yet up and running. “We have emphasized with licensees for a while now that extensions beyond September 30 are very unlikely to be approved,” said the April 22 Guidance Letter from the Department of Health and Senior Services. It continued: “We are mindful of the fact that granting an additional year to a licensee will always be problematic since we could have revoked that licensee at the one-year mark and replaced them with someone who could meet that obligation.” As of April 28, 21 of 60 licensed cultivators, 12 of 85 licensed manufacturers, and 91 of 191 licensed dispensaries were certified to operate by Missouri regulators. While the state has over 122,000 registered medical marijuana patients, cannabis supply remains tight and wholesale flower prices hover around $4,500 a pound as cultivator license holders have struggled to put together capital investment with a 51% local ownership, numerous cultivators have told Grown In off the record.
Source: https://grownin.com/2021/04/29/missouri-warns-hundreds-of-cannabis-license-revocation/
North Dakota: Pro-marijuana activists say a bill recently passed in North Dakota has outlawed the sale of some previously allowed cannabis-related products found in convenience stores and smoke shops around the state. Officials dispute the claim and say the new law only goes after vendors who are exploiting a legal loophole by selling powerful and unregulated pot-like substances. Gov. Doug Burgum signed House Bill 1045 into law last month after the Legislature passed it nearly unanimously. In its original form, the legislation was just a few unremarkable paragraphs aiming to align the state’s definition of hemp with federal law. But as it meandered through the legislative process, the bill grew in scope and specificity, and late amendments brought by the state Attorney General’s Office prohibited the sale of several variations of tetrahydrocannabinol, or THC — the main psychoactive ingredient in cannabis. The restrictions ban state-licensed hemp growers and processors from creating or selling products that have undergone “isomerization” — a chemical process that transforms cannabidiol, better known as CBD, into THC.
Oklahoma: An Oklahoma judge ordered the 60-day suspension of a rule requiring medical cannabis businesses in the state to use the Metrc seed-to-sale tracking system that regulators had contracted for the service. The order by Special Judge Pandee Ramirez of the Okmulgee County District Court comes about two weeks after Dr. Z Leaf of Tulsa filed a lawsuit seeking to stop the state from implementing the seed-to-sale program that required businesses to plug into Florida-based Metrc’s tracking platform. The lawsuit, which seeks class action status, questions whether the Oklahoma State Department of Health exceeded its legal authority in implementing a seed-to-sale program and requiring more than 10,000 MMJ licensees to pay for the program. In particular, the attorney representing Dr. Z Leaf argued that regulators wrongly handed Metrc a monopoly over the service, The Oklahoman reported.
Source: https://mjbizdaily.com/oklahoma-judge-suspends-states-cannabis-seed-to-sale-requirement/
Pennsylvania: Harrisburg, Pa. – A bill to legalize recreational cannabis through Pennsylvania’s existing state store system recently was introduced in the House. The 19-page proposed amendment to the Liquor Code would regulate adult use cannabis in a similar manner to alcohol, setting the legal age at 21 and taxing it. H.B. 1180 also would expunge low-level marijuana convictions and permit individuals to grow up to six plants.
Rhode Island: A House panel in Rhode Island considered an adult-use marijuana legalization proposal from Gov. Daniel McKee (D) on Thursday along with three separate bills that would make significant reforms to the state’s current medical cannabis system. While lawmakers did not act on any of the proposals, they asked detailed questions of the governor’s administration about how—not whether—to eventually legalize cannabis in the state.
West Virginia: The West Virginia Office of Medical Cannabis (OMC) encourages eligible West Virginians with serious medical conditions to register for a medical cannabis patient card at www.medcanwv.org. A list of physicians registered to certify patients as eligible for the use of medical cannabis is also available on the website. Though the registered physician will certify that the patient is eligible, the patient must apply for a patient identification card on the website. The West Virginia Medical Cannabis Act permits West Virginia residents with serious medical conditions to procure medical cannabis for certified medical use in the following forms: pill; oil; topical forms including gels, creams, or ointments; a form medically appropriate for administration by vaporization or nebulization; dry leaf or plant form; tincture; liquid; or dermal patch.
Recreational States
Alaska: “High noon” is what the operators of Herbal Outfitters called their grand opening at midday October 29 in Valdez, Alaska. The historic event made Herbal Outfitters the first retail marijuana store to open in Alaska since residents voted to legalize recreational use two years ago. Derek Morris, manager of Herbal Outfitters, says that in the first few days of operating, they served over 1,000 people and that customers drove from all over the state to see them. “Some people drove eight hours,” he adds.
Source: https://www.westword.com/marijuana/alaska-opens-its-first-recreational-dispensary-8473631
Colorado: The Colorado Legislature has approved a bill that would double the legal amount of recreational marijuana that adults 21 and older can possess, from one to two ounces. House Bill 1090 cleared its final state Senate vote in late April, and now awaits the signature of Governor Jared Polis. The Governor’s Office hasn’t commented on the bill, but Polis has been a vocal proponent of marijuana reform in the past and will sign a measure expanding medical marijuana access for child patients at public school later today, May 5. On top of doubling the recreational possession limit, HB 1090 qualifies convictions for up to two ounces of pot possession for record clearing; it would also wipe out former Class 3 marijuana cultivation felony convictions, as well as charges for growing more than twelve plants but fewer than 25. (Growing more than twelve plants would remain illegal for anyone without a medical marijuana card and extended plant count, however.)
Source: https://www.westword.com/marijuana/colorado-legislature-doubles-marijuana-possession-limit-11959107
Illinois: Illinois has done it again, breaking another monthly marijuana sales record with nearly 2.5 million cannabis items purchased in April. All told, residents and out-of-state visitors bought $114,961,668 worth of adult-use marijuana last month. That’s about $5 million more than in March, which itself broke the previous record. Illinois residents accounted for $79,909,284 of the April sales, while visitors purchased $35,052,383 in cannabis products.
Massachusetts: After a slow start, the Massachusetts marijuana industry is starting to pick up momentum. Recreational cannabis stores in the state have now sold more than $1.5 billion of pot products since their debut in November 2018, according to new data released by the Cannabis Control Commission, passing the milestone just before the traditional “4/20″ stoner holiday observed on April 20. The sector also set an all-time single-day sales record on April 17, the Saturday before 4/20, when the roughly 140 pot shops in Massachusetts sold more than $5.04 million worth of cannabis buds, edibles, vapes, and other products. That surpassed the previous high-water mark of nearly $4.77 million set on April 2, the Friday before Easter.
Michigan: Voters in the village of Constantine on Tuesday, May 4, 2021, decided not to halt recreational marijuana sales. The battle at the ballot box over recreational marijuana sales was the only item on the ballot that’s exclusive to voters who live in Constantine. If certified, the referendum vote would determine that recreational marijuana sales, a billion-dollar industry in Michigan, would not be banned from within the village limits. If voters had approved the amendment, dispensaries would have only been able to sell medical marijuana in Constantine. The ballot item on the May 4, 2021 election sought to amend an existing ordinance, asking Constantine voters: “Shall Constantine adopt an ordinance completely prohibiting adult-use recreational marihuana establishments in the village?”
Source: https://wwmt.com/news/election/constantine-village-marijuana-referendum-may-4-2021
Montana: Montana’s state legislature has approved a legislation that establishes the recreational cannabis program voters had approved during the November 2020 elections and advanced it to the governor’s desk. Last week, the House approved HB 701, which had thrice been modified by the state Senate. The retail sale of recreational cannabis in the state is scheduled to begin early in 2022.
New Jersey: In March, the Orange City Council took a preliminary vote, 4-2, in favor of an ordinance that would ban recreational marijuana sales within its borders. The vote, which happened following the first reading of the ordinance, drew the ire of many in the community, including several business owners who are preparing to open recreational marijuana operations in the predominately Black township. The ordinance would need to be passed again at a second reading to become law.
New Mexico: New Mexico’s regulation and licensing department has received more than 100 applications for the Cannabis Regulatory Advisory Committee—which will help make rules to regulate the new industry. It’s one of the first crucial steps toward setting up the state’s recreational marijuana market.
Oregon: April sales in the mature Oregon market exceeded $110.5 million, according to new figures from the Oregon Liquor Control Commission, including $100.5 million in adult-use sales, up 0.5% over March; $10 million in medical sales, up 4.3% over March. April marks the first time Oregon’s booming legal recreational cannabis market exceeded $100 million in monthly sales. Regulated cannabis sales in Oregon totaled $1.11 billion in 2020. Sales in the 17-month-old Illinois adult-use marijuana market also set a monthly record, totaling nearly $115 million in April, according to figures from the state Department of Financial and Professional Regulation.
Source: https://mjbizdaily.com/oregon-illinois-post-record-cannabis-sales-in-april/
South Dakota: In February a Circuit Judge ruled in favor of those trying to stop Amendment A, and supporters are appealing to the state’s highest court. At the heart of the lawsuit, whether the amendment comprises more than a single subject, which it can’t. And whether the amendment is considered to be an amendment or a revision to the state constitution. The hearing started out with the chief Justice laying out the ground rules and calling on Brendan Johnson, the lawyer supporting Amendment A, to get things started. “The circuit court recognized this when it struck down Amendment A, and we are asking this court to do the same. There are two primary issues before the court, does Amendment A violate the one-subject rule, and is it an unconstitutional revision, the answer to both of those questions is yes,” Prostrollo told the justices. The justices asked questions of both attorneys during the hour-long hearing, then wrapped up. There is no indication as to when a decision will be handed down.
Vermont: Vermont is among a dozen states that are cracking down on Delta-8, a psychoactive compound processed from hemp that agriculture officials say is not allowed under state law. When hemp became legal, a frenzy of producers flocked to the industry to make CBD products. But with supply outstripping demand, some processors then began trying to use hemp for other means, including processing Delta-8, a cannabis compound containing THC that is illegal. Sean O’Hearn, the director of operations at Newton Hill Labs in Milton, specializes in processing hemp into CBD oil, a compound in cannabis that does not have psychoactive effects. But in recent years he and other processors through a chemical process called isomerization, have also been creating Delta-8, which can be ingested through vaporizers and gummies, though some disagree on whether it’s weaker than marijuana. “We’re taking the same thing but causing a little bit of a molecular shift,” O’Hearn said. But last week, The Vermont Agency of Agriculture said the creation, possession, of sale of Delta-8 violates the state law banning synthetic cannabinoids in hemp products. “We’re using the term synthetic with respect to it’s not naturally occurring,” said Stephanie Smith, the state’s cannabis quality control policy administrator.
Source: https://www.wcax.com/2021/04/28/vt-cracks-down-on-producers-of-psychoactive-hemp-byproduct/
Washington: License applicants who have prior convictions for pot-related crimes will now qualify for grant funding and expert advice to help them get started in the business. The state’s marijuana business is booming, but not everyone is reaping the benefits.Gov. Jay Inslee, D-Washington, signed House Bill 1443 into law Monday, which is aimed at helping minorities get into the state’s marijuana sales and manufacturing business. According to data provided by the Washington State Liquor and Cannabis Board, when asked to identify themselves by race, 82% of the state’s licensed marijuana business owners identified themselves as non-minority. The data shows 7% of owners said they were Asian, 4% replied as multiracial, 3% said they were Black, and 2% replied as Hispanic. The bill expands the state’s Task Force on Social Equity in Cannabis, which called for some of the changes in the law. License applicants who have prior convictions for marijuana-related crimes, or who live in areas defined as “disproportionately impacted,” now qualify for grant funding and expert advice to help them get started in the business. “It’s a down payment on what the state of Washington owes its Black residents,” said Paula Sardinas, co-chair of the task force, “We’re doing things to make those wrongs, right.”
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