Latest Cannabis News: April 19, 2022
Latest Cannabis News: April 19, 2022
Stay up to date with the latest legalization and cannabis news with the C.B. 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
Georgia:
A Fulton County judge Friday granted an injunction that prevents Gwinnett County District Attorney Patsy Austin-Gatson from enforcing a ban on products containing hemp-derived substances, including delta-8 THC, while litigation proceeds to determine whether they are legal. Judge Charles M. Eaton’s decision extends a 30-day temporary restraining order granted on March 18.
The injunction prohibits Austin-Gatson from prosecuting delta-8 or delta-10 THC sellers and from seizing products or money from them. The district attorney’s task force already seized more than $2 million worth of product, including about $300,000 worth of delta-8 edibles, and more than $220,000 in cash from a distributor, court documents said. The injunction also applies to products containing cannabidiol (CBD), cannabinol (CBN), or cannabigerol (CBG.)
Georgia Attorney General Chris Carr moved to have the Gwinnett store owners’ case dismissed, but the court on Tuesday denied that motion.
Kentucky: A House-passed bill to legalize medical marijuana in Kentucky might be stalled in the Senate in the final days of the legislative session this week, but the governor on Monday reiterated that he’s exploring the possibility of taking executive action to advance reform.
Gov. Andy Beshear (D) first signaled last week that he’s interested in what could be done at the administrative level to provide patients with access to medical cannabis, as it’s become increasingly unlikely that the legislature will act by the time lawmakers adjourn on Thursday.
South Carolina: A bill to legalize medical cannabis in South Carolina is headed for a vote in the state House of Representatives after the measure was approved by a legislative committee last week. The bill, known as the Compassionate Care Act, was approved by the House Medical, Military, Public, and Municipal Affairs Committee by 15-3 on Thursday.
The legislation would create one of the nation’s strictest medical cannabis programs, allowing only patients with specified serious medical conditions to use a limited selection of cannabis products. The measure does not allow patients to smoke cannabis, and possession of plant forms of cannabis would still be a crime. Regulated suppliers would produce medical products, including topicals, oils, and vapes. Patients would be limited to purchasing a two-week supply of cannabis products at one time.
Source: https://hightimes.com/news/south-carolina-medical-cannabis-bill-heads-to-house-floor/
Tennessee: Two Republican lawmakers in Tennessee are sponsoring legislation that would create a medical cannabis program in the state.
Representative Bryan Terry (R-Murfreesboro-D48) and Senator Ferrell Haile (R-Gallatin-D18) are the sponsors of HB2641/SB2532. Under the bill, a medical cannabis commission created in the state would oversee establishing a medical cannabis program.
The bill would also exclude products with less than 0.9% THC from being considered “marijuana” under the definition, allowing patients or caregivers with a qualified patient ID or designated caregiver ID to possess 3 grams or less of a concentrated product or 3,000 milligrams or less of infused products.
The bill will be heard in the House Criminal Justice Committee on Wednesday.
Wisconsin: ext week’s hearing on a medical marijuana program for the state has already upset many Democrats at the Wisconsin Capitol who’ve pushed for legal marijuana in the state for years.
On Monday, the Senate Committee on Insurance, Licensing, and Forestry scheduled a hearing for SB 1034, which would open a path for Wisconsin to treat marijuana as medicine. That hearing is scheduled for next Wednesday, April 20. Wisconsin lawmakers essentially wrapped up their spring session at the end of February. They are not expected to take any substantial action until after November’s election.
Republican Sen. Mary Felzkowski, R-Tomahawk, who will lead the hearing, said what matters is that Wisconsin is taking its first step toward joining 37 other states in allowing sick people to use marijuana as medicine.
Medical
Delaware: A pair of complementary bills to legalize marijuana and set up regulations for cannabis commerce in Delaware were approved in separate House committees on Wednesday.
Rep. Ed Osienski (D), the sponsor of both measures, previously tried to pass a comprehensive bill that would have accomplished both goals at once, but it failed to receive the required three-fifths supermajority vote on the floor last month.
Rather than throw in the towel, the lawmaker devised a two-track approach to reform by introducing one basic legalization bill that would allow adults 21 and older to possess and share up to an ounce of cannabis and another that lays out a specific regulatory framework for an adult-use market.
Mississippi: As multiple cities across the state have chosen to opt-out of the Mississippi Medical Cannabis Act of 2022, other cities wonder what is in store for those who still qualify for the act.
On Monday, the Mississippi State Department of Health (MSDH) released information regarding requirements for qualifying conditions, licensing, business registration, and cultivation of medical marijuana. License Application
The MSDH announced they would begin taking online applications in June for the following:
Patients; Medical practitioners; Cannabis cultivation facilities; Cannabis processing facilities; Cannabis testing facilities; Cannabis waste disposal entities; Cannabis transportation entities
Medical cannabis dispensaries are not included in those who apply to the MSDH. However, the Mississippi Department of Revenue will be over the application process for the dispensaries.
If businesses wish to apply for a license through the MSDH, it is recommended that they first register with the Mississippi Secretary of State’s Office.
Source: https://www.supertalk.fm/msdh-releases-medical-marijuana-qualification-requirements/
Missouri: With the end of the legislative session only weeks away and organizers of an initiative petition campaign sounding the alarm about an even more pressing deadline, dueling efforts to legalize marijuana in Missouri face uncertain fates.
In the legislature, GOP state Rep. Ron Hicks is sponsoring a bill to legalize possession and use of marijuana for individuals 21 and older.
But while it received a committee hearing in early March, it took nearly a month to get a vote—and when it did, a pair of amendments were added that the bill’s supporters labeled poison pills. But Hicks’ bill was adamantly opposed by Missouri’s medical marijuana industry. The House committee chairman, the bill was assigned to add an amendment to limit the number of licenses to the number of current medical marijuana permits.
Through negotiation, the amendment was altered to allow twice as many business licenses as are currently issued, but Hicks still doesn’t like it.
New Hampshire: On Thursday, A New Hampshire Senate committee took a historic step by approving a House-passed bill to legalize marijuana possession and cultivation for adults 21 and older.
This marks the first time a cannabis legalization bill has moved through a Senate panel. While the House has advanced several reform proposals over the past several sessions—including a separate bill this year to create a regulated, state-run marijuana market—the Senate has long posed a serious obstacle.
The Senate Judiciary Committee has passed the bipartisan non-commercial legalization bill from Rep. Carol McGuire (R) in 3-2 votes. It next heads to the Senate floor.
Ohio: If Ohio is going to legalize marijuana this year, it’s probably going to need to happen on the ballot, a GOP state lawmaker cosponsoring a legalization bill said last week.
At an event hosted by Ohio State University on Thursday, Rep. Ron Ferguson (R) expressed disappointment that the Republican-controlled legislature has declined to take action on cannabis reform and instead seems positioned to leave the issue up to voters if activists collect enough signatures to qualify their legalization measure for the November ballot.
Oklahoma: The Oklahoma Medical Marijuana Authority (OMMA) announced a $2 million allocation to the state Office of Juvenile Affairs (OJA) to fund statewide evidence-based substance abuse interventions.
State law requires part of Oklahoma’s medical marijuana excise tax revenue to fund anti-drug and rehabilitation programs. The $2 million for OJA’s research-based program comes from that funding. When making purchases at dispensaries, licensed medical marijuana patients and caregivers pay the excise tax, plus state and local sales taxes.
The $2 million allocations is included in OMMA’s fiscal year 2022 budget. OJA will provide quarterly project reports to OMMA.
Pennsylvania: The Pennsylvania Senate on Wednesday approved a bill to safeguard banks and insurers against being penalized by state regulators for working with state-legal medical marijuana businesses.
The bipartisan legislation from Sens. John DiSanto (R) and Sharif Street (D) moved through two committees recently before being taken up on the floor and passing in a 46-3 vote. It now heads to the House.
This effort is yet another example of how states are working to provide financial protections to institutions willing to service the cannabis market as Congress continues to stall on a federal fix.
Recreational
Alaska: Gov. Mike Dunleavy announced in a press release on Friday that Anchorage attorney Joan Wilson has been appointed to direct the Alaska Alcohol and Marijuana Control Office, following the departure of former director Glen Klinkhart.
In the email announcing his resignation, Klinkhart wrote that “the organization I am mentoring no longer has to rely on me to meet or exceed their mission statement.”
California: California employers would be prohibited from discriminating against workers and job applicants for off-duty cannabis use under legislation that gets a hearing on April 20—coincidentally the date of annual pot-centered celebrations.
Lawmakers are trying to fill in the gaps to protect those who use a substance that 37 states and the District of Columbia have legalized for medical use and 18 states and D.C. have legalized for recreational use, according to the National Organization for the Reform of Marijuana Laws (NORML), which advocates for legalization and decriminalization and the National Conference of State Legislatures.
Illinois: As the cannabis industry grows in Illinois, State Senator Cristina Castro (D-Elgin) has championed a measure to ensure prospective employees at dispensary or cultivation centers have an equitable application process.
“The cannabis industry has boosted the Illinois economy,” Castro said. “Streamlining the process for people to get involved in this business will ensure a more equitable, diverse workforce and bring multiple cannabis laws on the books in line with each other.”
Currently, individuals who wish to work for a cannabis dispensary or cultivation center are subject to two different application processes: medical and adult use. However, practically speaking, most medical dispensaries also serve adult-use cannabis. House Bill 2380 streamlines prospective dispensary and cultivation center employees to receive their identification cards by consolidating the application process.
Maine: The bill aims to increase the number of municipalities participating in the adult-use program. Lawmakers this week approved a bill that they hope will encourage more towns and cities to allow retail marijuana sales and help them recoup the costs of overseeing the adult-use program.
L.D. 1195, which the Maine House passed on Thursday and the Senate on Friday, calls for the state to reimburse municipalities up to $20,000 for costs associated with opting into the state’s adult-use marijuana market.
Only about 10 percent of Maine municipalities allow adult-use sales.
Massachusetts: Legislation is currently pending in Massachusetts, Senate Bill 2823, which outlines social equity provisions for the state’s cannabis industry and expectations for the establishment of new businesses.
If passed, the bill would mandate that a portion of retail profits from social equity marijuana businesses be reinvested in the community that the business serves. Moreover, it requires that host communities encourage those individuals from communities that have been disproportionately harmed by marijuana prohibition and enforcement to participate in the industry. The bill also allows localities and municipalities to ask voters on the ballot about the necessity of marijuana businesses in their communities so that they may decide whether or not to opt into/out of retail sales.
Sources: https://norml.org/act/massachusetts-legislation-to-promote-social-equity-within-cannabis-industry/
Michigan: Friday, April 15, THC-infused blue-raspberry gummies were placed on hold by the state licensing agency.
By noon, other flavors were added to the list. The gummies came from a licensed marijuana processor named Sky Labs in Mount Morris, a company that specializes in making edibles. Additional vaping products sold under a brand sometimes produced by Sky Labs were also placed on hold by the Cannabis Regulatory Agency, formerly the Marijuana Regulatory Agency, renamed by executive order this week.
Attorney Denise-Policella, who represents Sky Labs, said the hold was placed on all of the business’s products, worth over $5 million, without explanation at about 4 p.m. Thursday, April 14. When the CRA places a product on hold, it theoretically prohibits transfer and sales; however, point-of-sale systems don’t automatically flag sales of marijuana that is on hold in the statewide monitoring system.
Montana: Recreational cannabis revenue in Montana exceeds projections — by a wide margin.
Providers in the Treasure State had sold about $44 million in recreational marijuana products since the beginning of the year when sales first became legal. According to Montana Department of Revenue data from early April, add in medical marijuana, which totals $73 million year to date.
If the current trajectory continues, the state will hit $174 million in recreational cannabis sales by the end of the year. The state budget office initially projected $130 million in 2022.
Source: https://dailyinterlake.com/news/2022/apr/17/recreational-cannabis-sales-good-start/
Nevada: Marijuana, while legalized by the state of Nevada, may not be consumed in public. Sometimes tourists who buy it have nowhere to legally use it, ignore the law, and openly use it on the Las Vegas Strip.
A solution to this problem will be cannabis consumption lounges legalized by the state and are getting closer to opening throughout Nevada. Regulations for cannabis consumption lounges are now being finalized, and licensing will follow.
“There will be twenty independent licenses that will go out. Ten of them will be made available for social equity,” said A’Esha Goins, Cannabis Advisory Commission’s Subcommittee Chair for Diversity, Equity, and Inclusion.
Source: https://www.fox5vegas.com/2022/04/14/cannabis-lounges-coming-soon-nevada/
New Jersey: Recreational marijuana sales in New Jersey for those 21 and older will begin April 21, Democratic Gov. Phil Murphy said Thursday. And a new memo from the state attorney general’s office says that police can partake, too, as long as they’re off duty.
The news comes just three days after state regulators greenlighted permits for seven facilities that already sell medical cannabis to begin retailing recreational marijuana. Seven existing medical cannabis businesses have been cleared to start servicing the recreational market at 13 dispensaries across the state.
Source: https://www.wishtv.com/news/national/new-jersey-to-start-recreational-marijuana-sales-april-21/
Oregon: As of April 1, Oregon cannabis dispensaries can now officially sell recreational edibles that contain twice as much THC per package as previously allowed by the Oregon Health Authority (OHA). The change comes after years of pushback from Oregon cannabis retailers, asking the OHA to align the state’s recreational dosage limits with those in Washington, California, and Colorado.
The bill responsible for this, SB 408, was passed in June 2021. Ever since it went into effect on January 1 of this year, Oregon cannabis consumers may have noticed an increase in the amount of flower they can purchase (2 ounces per adult, per day) and doubled THC dosage limits for transdermal patches, extracts, and concentrates.
Virginia: The medical cannabis market is thriving in Virginia, while the future of recreational cannabis, including hemp, is hazier.
Cannabis advocates and smokers are disappointed after a 2022 General Assembly session that saw lawmakers fail to expedite recreational cannabis sales and propose penalties for possessing over 2 pounds—despite lawmakers making it easier to get a medical cannabis card. The Republican-led House of Delegates refused to pass a bipartisan Senate bill through a subcommittee that would have expedited retail sales of cannabis to September rather than waiting until the initially proposed 2024 date.
Since certain aspects of the 2021 bill were not reenacted, it is unlikely that the retail cannabis market will open in 2024 as initially planned.
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