Latest Cannabis News: March 27, 2023
Latest Cannabis News: March 27, 2023
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.
No legislation
Idaho: A new bill designed to provide for a “tightly regulated system” of medical cannabis was introduced Friday morning in the Idaho House of Representatives. House Health and Welfare Committee Chairman John Vander Woude, R-Nampa, introduced House Bill 370, the Idaho Medical Cannabis Act, as a personal bill on the floor of the Idaho House on Friday morning.
Vander Woude took the unusual step of introducing the bill as a personal bill rather than following the more traditional practice of bringing a draft bill to a legislative committee for an introductory hearing. In practice, personal bills typically do not advance — because they circumvent the committee process — and are often introduced to start a discussion and lay the groundwork for future policy discussions.
Source: https://idahocapitalsun.com/2023/03/24/idaho-house-introduces-late-session-medical-cannabis-bill/
Nebraska: A Kansas state Senate committee on Thursday voted to table a bill to legalize medical marijuana, likely killing the measure for the remainder of the year. The Senate Federal and State Affairs Committee voted to table the measure, Senate Bill 135, after hearing from advocates on both sides of the issue at a pair of hearings last week. Republican state Representative Mike Thompson, the chair of the panel, said later that he has no plans to bring the bill up for consideration again during the current legislative session, according to a report in local media.
After the committee voted to table the bill, Kansas Governor Laura Kelly expressed her frustration at the development. The Democratic governor, who has previously called on state lawmakers to pass a medical marijuana legalization bill, also urged residents who support cannabis policy reform to contact state lawmakers and call on them to revive the proposal.
Source: https://hightimes.com/news/kansas-senate-panel-tables-medical-cannabis-legalization-bill/
CBD
Georgia: A bill aimed at bolstering Georgia’s long-awaited medical cannabis program took one step closer to the finish line, but not before major changes were made to the original bill.
A Senate committee kept language in a bill that would, for the first time make the Georgia Medical Cannabis Commission subject to the state open records act. State Sen. Bill Cowsert unveiled his committee’s version of the Medical Marijuana Bill proposing to make Georgia’s Medical Cannabis Commission more transparent and create more licenses for companies to grow and sell medical marijuana.
Kentucky: Kentucky is one step closer to the legalization of medical marijuana. This week, the Kentucky Senate voted 26-11 in favor of Senate Bill 47. The legislation would provide residents with pain and other serious medical conditions access to non-smokable forms of medical marijuana. Several medical conditions could qualify someone to use the product, including cancer, chronic and other types of pain, epilepsy, multiple sclerosis, muscle spasms, chronic nausea, and post-traumatic stress disorder.
Before accessing cannabis, patients must register and receive approval for a special identification card. Patients under 18 years old would not be allowed to possess, purchase, or acquire medicinal cannabis without the assistance of a designated caregiver.
Other proponents of the bill include the creation of separate licenses for cultivators, dispensers, and producers, and allowing the Kentucky Cabinet for Health and Family Services oversight and latitude in developing regulations. Governor Beshear has signaled he would sign the bill.
Source: https://www.eaglecountryonline.com/news/local-news/kentucky-senate-passes-medical-marijuana-bill/
Texas: Texas lawmakers approved a bill on Monday that would allow doctors to recommend medical marijuana to patients if they have a condition causing chronic pain that would otherwise be treated with prescription opioids.
The legislation from Rep. Stephanie Klick (R)—which would also replace the THC cap that was established under the state’s existing limited medical cannabis law—cleared the House Public Health Committee about a week after members took testimony on the proposal in an initial hearing. This development comes weeks after a separate House committee unanimously approved a bill to decriminalize cannabis possession in the state, while providing a pathway for records expungement.
Medical
Arkansas: Arkansas’ special tax on medical marijuana transactions sunsets in July, but the state Legislature will soon consider extending it for at least two more years.
The 4% excise tax generates millions annually for the University of Arkansas for Medical Sciences’ pursuit of recognition from the National Cancer Institute, known as NCI designation.
Since its 2017 inception, the tax — levied at the wholesale and retail levels — has bothered industry and patient advocacy groups. It is charged in addition to sales tax on a drug that many Arkansans voted to consider medication in 2016.
In Arkansas and 48 other states, prescription medication is exempt from sales tax. Medical marijuana in Arkansas doesn’t require a prescription, but a patient must have a written certification from a physician that they suffer from a qualifying condition to receive a cannabis patient ID card.
Delaware: The Delaware state Senate is expected to vote in favor of two adult-use marijuana legalization bills last Tuesday. An affirmative vote for recreational cannabis would set up another potential showdown with Gov. John Carney, according to the Delaware News Journal. The governor, a Democrat, is an avowed legalization opponent whose veto blocked adult-use legalization last year. Earlier this month, two separate bills passed the state House of Representatives.
The measures would legalize recreational marijuana for adults 21 and older and set up a regulated industry in the nation’s second-smallest state: House Bill 1 ends criminal penalties for adults 21 and older possessing an ounce or less of marijuana. HB 2, which requires a three-fifths supermajority to become law, sets up a regulatory framework like those seen in other states. Localities would be allowed to ban commercial cannabis activity.
Source: https://mjbizdaily.com/delaware-lawmakers-could-approve-adult-use-marijuana/
Hawaii: Adult-use cannabis legalization appears dead for the year in Hawaii, despite support from the state’s Senate and Democratic governor.
Senate Bill 669, which would have legalized adult-use sales for adults 21 and older and set up a regulatory system similar to those seen in other states, was not scheduled for a state House hearing before a key legislative deadline, according to Marijuana Moment. That means that despite support from Gov. Josh Green and the fact the bill passed the state Senate on a 22-3 vote, legalization in the state ran into a roadblock that advocates anticipated.
Hawaii House Speaker Scott Saiki has said he prefers state lawmakers spend the summer “studying” legalization rather than taking quicker action.
Source: https://mjbizdaily.com/adult-use-cannabis-legalization-in-hawaii-blocked-in-state-house/
Mississippi: Mississippi lawmakers last week approved a bill mandating changes to the state’s Medical Cannabis Act, the bill to legalize medical marijuana that was passed by the legislature last year. The measure, House Bill 1158, now heads to the desk of Republican Governor Tate Reeves for his consideration.
Republican Senator Kevin Blackwell, a Republican and one of the bill’s authors, said that the legislation clarifies provisions of Mississippi’s medical marijuana law, which was passed by state lawmakers in 2022.
Source: https://hightimes.com/news/mississippi-lawmakers-approve-changes-to-medical-cannabis-law/
New Hampshire: The New Hampshire House of Representatives has approved a bill to allow medical marijuana patients to grow their own plants for personal use. Weeks after moving through committee, the full chamber passed the legislation from Rep. Wendy Thomas (D) on a voice vote as part of the uncontested consent calendar on Wednesday. The measure—which would allow patients and designated caregivers to cultivate up to three mature plants, three immature plants and 12 seedlings—now heads to the Senate.
Plants would have to be grown in an “enclosed, locked space” at a location that would have to be reported to regulators at the Department of Health and Human Services (DHHS).
Oklahoma: A bill that would extend Oklahoma’s moratorium on issuing new medical marijuana cultivation licenses to Aug. 1, 2026, advanced in the state House and is headed to the Senate. House Bill 2095 is one of four proposed house and senate bills aimed at battling the illicit market, according to the (Oklahoma City) Journal Record. The current two-year moratorium is scheduled to end in August 2024.In addition to extending the moratorium another two years, House Bill 2095 would:
- Allow the state attorney to help the Oklahoma Medical Marijuana Authority (OMMA) investigate cultivation sites.
- Give the OMAA the right to inspect cultivation facilities without warning.
- Allow the agency to review land ownership documents “upon reasonable suspicion.”
The other bills at play are:
- Senate Bill 806, which would force licensed growers to show proof they own the land they’re operating on and ban more than one licensee to be registered under an address.
- SB 913, which would require cultivators to post a $50,000 bond if a property is abandoned or a license is revoked.
- SB 808, which authorizes the OMMA’s director to issue cease-and-desist orders to cannabis operators in the case of environmental damage.
Source: https://mjbizdaily.com/oklahoma-proposes-extending-marijuana-cultivation-license-moratorium/
Pennsylvania: State lawmakers are considering a new bill that would drastically change marijuana laws in Pennsylvania. The proposal calls for legalizing recreational marijuana and selling it through the state liquor store system.
The legislation would allow customers to purchase both products at the same store.
The bill would also expunge low-level cannabis convictions and allow individuals to grow up to six marijuana plants.
South Dakota: Gov. Kristi Noem (R) vetoed a bill Thursday that would increase the amount of THC that industrial hemp processors can have in their products. THC is short for tetrahydrocannabinol, the compound in cannabis plants that produces a high when present in sufficient amounts. Hemp, unlike its cousin marijuana, is low in THC. Hemp plants can be used in a multitude of products.
Noem said the bill would “jeopardize the effectiveness and safety” of the state’s industrial hemp industry “by creating conflict with federal law while also allowing marijuana products to be considered hemp products.”
Recreational
Arizona: A bill that would expand the list of qualifying conditions for medical cannabis and lower the cost of the treatment was approved by lawmakers in Arizona.
The bill, SB 1466, was approved on Monday by a legislative committee. If it were to become law, the measure would result in a host of changes to the state’s medical cannabis law––perhaps most notably, the addition of autism and post-traumatic stress disorder to the list of qualifying conditions.
It was approved by a 7-2 vote by members of the Health and Human Services Committee Hearing.
Maryland: A Maryland Senate committee has amended and approved a marijuana sales bill to get the state ready for the implementation of a voter-approved legalization referendum, sending it to the floor—where a vote is expected this week.
The Marijuana Alcohol and Tobacco Commission would be renamed as the Maryland Alcohol, Tobacco and Cannabis Commission, which would be responsible for regulating the program. Under the commission, there would be a Division of Cannabis Regulation and Enforcement that would be tasked with reviewing and issuing marijuana business licenses. Existing medical cannabis dispensaries would be converted into dual licensees while legalization takes effect on July 1 if they’ve paid a fee. Regulators would need to start approving additional marijuana business licenses by July 1, 2024.
Social equity applicants would need to have 65 percent ownership by people who have lived in disproportionately impacted areas for at least five of the past 10 years, attended public school in such an area for at least five years or meet other criterial based on a disparity study.
Missouri: Less than two months into recreational pot being legal, there’s already a marijuana shortage, and that’s leading to an increase in prices.
It starts with cultivators not being able to keep up with demand, moves down the line to manufacturers paying more for what’s grown, and ultimately leads to higher checkout totals at dispensaries.
Missouri initially predicted around $50-$60 million would be spent on cannabis. Now, we’re looking at $100 million being spent. Missouri has eight bordering states, only one of which has legalized recreational use. So, demand coming in from outside of the state was not factored in and supply is suffering.
Michael Wilson, co-founder and CEO of Franklin Stash House, said customers can expect at least a 50-60 percent hike on most of his business products. For example, a blunt pack that used to cost you $35 could cost you closer to $50 or $60.
Source: https://www.kctv5.com/2023/03/23/marijuana-shortage-leads-soaring-prices-missouri/
Montana: Last Tuesday, one day after a hearing that drew pointed opposition from representatives of the cannabis and media industries, the Senate Business, Labor and Economic Affairs Committee voted down—and then tabled—a bill to ban most marijuana advertising in Montana.
In its current form, House Bill 351, sponsored by Rep. Kerri Seekins-Crowe (R) prohibits the “publication, dissemination, solicitation, or circulation of visual, oral, or written communication” that could “directly induce” someone to buy or consume marijuana. It would allow businesses to maintain websites and to employ outdoor signage. It had already been approved by the House. Before the vote, the committee approved an amendment that would permit cannabis businesses to donate to charitable causes and have their name listed as a donor. The amendment also allows businesses to sell merchandise that bears their name or logo.
The bill failed on a vote of 4-6. The committee voted unanimously to table it.
Nevada: A bill introduced in Nevada aims to allow mobile cannabis vendors at events that are 21-and-up, KSNV reports. The measure would create licenses for vendors to sell cannabis at certain events, like concerts, if the licenses are permitted by municipalities.
Under the proposal, social-equity applicants would receive priority for the licenses. A’Esha Goins, founder of the Cannabis Equity and Inclusion Community, which is lobbying for the bill, told KSNV that the licenses would remove the huge financial burden for social equity applicants seeking other industry opportunities.
The bill would permit the state Cannabis Compliance Board to create license rules and requirements and allow it to impose fees. The measure was referred to the Assembly Judiciary Committee on March 7.
Source: https://www.ganjapreneur.com/nevada-bill-would-allow-cannabis-vending-at-some-events/
Washington: A House panel in Washington State took another step toward allowing interstate cannabis commerce on Thursday, advancing a Senate-approved bill that would one day enable businesses in the state to import and export marijuana products.
The bill, SB 5069, from Sen. Ann Rivers (R), would give the governor the authority to enter into agreements with other legal states to permit interstate trade between licensed cannabis companies. But it would take effect only if there’s a federal law change “to allow for the interstate transfer of cannabis” between legal businesses or if the U.S. Department of Justice issues an opinion “allowing or tolerating” marijuana commerce across state lines, according to the measure’s text.
Washington, D.C.: A Washington, D.C. bill to make fundamental changes to the medical marijuana program in the nation’s capital became law on Wednesday after undergoing a congressional review period.
The measure includes reforms such as eliminating cannabis business licensing caps, providing tax relief to operators, further promoting social equity and creating new regulated business categories such as on-site consumption facilities and cannabis cooking classes.
It also provides a pathway for current “gifting” operators that sell non-cannabis items in exchange for “free” marijuana products to enter the licensed market, while empowering officials to crack down on those who continue to operate illegally.
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