WeedLife News Network

As this Congress enters its final months, lawmakers warm to the idea of cannabis banking “plus.”

After a dip during the peak of the pandemic in 2020, federal law enforcement agents and their partners arrested 25% more people for cannabis-related crimes in 2021, during the first year of the Biden Administration. 

But while a post-pandemic bump in arrests would have been fair to expect, the biggest jump in cannabis arrests in a decade was not. The nation’s oldest cannabis reform organization NORML noted the 6,606 marijuana-related arrests in 2021 represented the most since the 8,500 arrested in 2011. 

This followed Joe Biden’s February 2021 promise he would pursue decriminalization and mass expungements for people with prior cannabis convictions. A month after that promise, word got out that some staff may have been a little too honest with Joe about their past marijuana use, dozens of young White House staffers were asked to resign. So the hopes of cannabis policy reformers were squashed quickly, but the new soaring arrest numbers are certainly salt in the wound. 

2021 saw a similar bump in the amount of plants destroyed by the feds and partners, via the domestic eradication program. The 5.53 million cannabis plants destroyed represented 20% more plants than the previous year. 

California saw the most enforcement as usual. A total of 86% of plant seizures and 60% of arrests conducted by federal authorities happened in the Golden State. 

Government officials in Switzerland are moving forward with plans to loosen restrictions for medical weed patients.

The Switzerland government announced on June 22 that it will lift the ban on medical cannabis, as according to an amendment to the Swiss Narcotics Act that parliament approved in March 2021. According to Agence France Presse, the government “intends to facilitate access to cannabis for medical use for patients.”

“The decision to use a cannabis-based medicine for therapeutic purposes will rest with the doctor, in consultation with the patient,” the government said of the amendment. As of August 1, patients will no longer be required to obtain permission from the Federal Office of Public Health (FOPH). However, adult-use cannabis sale and consumption will still remain illegal.

In Switzerland, medical cannabis is only allowed for patients with a doctor’s approval, or previously required approval from the FOPH. However, medical cannabis is still only allowed if the medicine contains less than 1% THC, and is licensed. Currently, only Sativex is approved for prescription to patients.

The country’s federal public law institution, Swissmedic, which is responsible for both “authorization and supervision of therapeutic products” including cocaine, methadone, and morphine could eventually be directed to manage the cannabis industry going forward.

Back in 2019, FOPH issued approximately 3,000 authorizations for cannabis patients suffering from a wide variety of medical conditions. However, the FOPH described this process as “tedious administrative procedures.” “Sick people must be able to access these medicines without excessive bureaucracy,” it stated.

Programs are in place to clear certain types of cannabis records in New York, but lawyers worry the state isn’t going far enough.

As adult-use cannabis thrives in New York, some residents say their lives are still ruined due to past cannabis convictions that haunt their records. While programs are in place to clear certain types of records, lawyers worry the state isn’t doing enough.

The Marijuana Regulation and Taxation Act (MRTA) passed last year, and under the MRTA, certain people can ask the court to vacate their convictions if they are experiencing “severe or ongoing consequences related to either their conviction or the sentence,” according to the law.

To date, the state expunged or suppressed search results for nearly 400,000 cannabis-related convictions. Plus last March, the New York State Cannabis Control Board voted unanimously to propose regulations to allow the first couple hundred retail licenses to be given to people convicted of cannabis-related crimes.

Still, certain cases are being denied by county district attorney offices in the state. On June 22, Syracuse.com and NY Cannabis Insider profiled some New York cases involving people who are still trying to clear their name but not finding any luck. In some cases, small details such as the amount of cannabis can make all the difference in the expungement process.

Lawyers say everyone with a cannabis-related conviction faces “severe or ongoing consequences.”

Strict drug testing policies add to a shortage of drivers.

There is a serious truck driver shortage in the US in 2022 fueled by inflation and the pandemic. And for truck drivers who enjoy the benefits of marijuana, there is another speed bump: draconian Federal marijuana laws.

Commercial truck drivers are required to take randomized drug tests. But many who are marijuana users fail those tests because cannabis shows up in drug tests days or weeks after use.

This has kept truck drivers off the road and off cannabis, including those who live in legal states and use marijuana for recreational or medical purposes during their off-hours.

As one Alabama trucking company wrote to the Department of Transportation, according to Politico:

"Drivers who are off duty or even on vacation for a week can't enjoy marijuana in a legal state."

A recent gathering of the Texas State Republican Party issued a number of platform stances on multiple topics, including cannabis.

The 2022 Texas State Republican Convention was held last week between June 16-18 for the first time in-person since 2018. There, the party voted to establish 275 platform planks, or principal policies of the Republican party, to address a multitude of agenda topics.

Democratic gubernatorial candidate Beto O’Rourke posted on Twitter some of the “extreme agenda” among these planks as: “abolish abortion, defund public schools, take away health care, repeal gun laws, deny voting rights, reject marijuana legalization.”

The Report of the Permanent 2022 Platform & Resolutions Committee policy list briefly addresses cannabis, marijuana, hemp and synthetic drugs.

It only mentions cannabis once, which is described as “Cannabis Classification: Congress should remove cannabis from the list of Schedule 1 and move to Schedule 2.”

However, it also uses the term marijuana as well. “Marijuana Remains Illegal: Oppose the legalization of recreational marijuana and offer opportunities for drug treatment before penalties for its illegal possession, use, or distribution.”

2022 has been a banner year for the global cannabis industry and this is a trend that we are bullish on. So far this year, several countries have passed some form of legislation to allow for the sale of medical and/or recreational cannabis.

Interest in burgeoning international cannabis markets is steadily increasing and this trend has shown no signs of slowing down. From Thailand to Mexico, the capital markets are highly focused on the advancement of the cannabis industry in certain countries and have highlighted 5 emerging international markets that our readers should be aware of. (Technical 420)

Ukraine wants medical cannabis to support mental health

Although legal cannabis is one of the least significant topics of discussion in Ukraine as a war with Russia continues to escalate, the country’s Health Minister Viktor Liashko said the government supports a bill that would legalize medical cannabis. 

Ukraine’s Health Minister said the government understands the negative effects that war has on mental health and that citizens will need medical treatment to combat the increased stress. The legislation intends to improve the quality of medical services and encourage medical research on cannabis. Health Minister Liashko said those who do not support the bill want to discredit the idea of the use of medical cannabis.

Is Germany about to legalize recreational cannabis?

Following a regime change in Germany, we are more confident on the likelihood for the legalization of recreational cannabis in the European Union’s (EU) largest market (as measured by GDP). With a population of 82 million, we are bullish on the potential size of the country’s cannabis market and have noticed an increase in the number of companies that are executing on a strategy to capture market share in the EU’s largest market.

During the last year, several licensed Canadian and Latin American cannabis companies have reported a significant uptick in the amount of medical cannabis that is being exported to Germany. Going forward, we expect demand for cannabis to steadily increase and believe the legalization of recreational cannabis would be a massive catalyst for the entire sector. 

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care about cannabis issues. Or is it that the Biden administration cares so much about cannabis issues to leave them in the hands of the current judiciary? Or something in the middle?

The Immediate Future of Roe

Regardless of your opinion on the correctness or wisdom of Roe v. Wade, the possibility that it may be overturned as reflected in the recently leaked opinion represents a potential sea change in the Court’s jurisprudence. It further represents the current Court’s willingness to take strong and decisive opinions on matters of broad political and cultural significance.

Cannabis is certainly one of those issues that sits at the intersection of law and order, popular opinion, and individual liberty. 

So, what does Roe have to do with the Biden administration’s approach to cannabis? Stay with us: In the words of Andy Dufresne, if you’ve come this far, maybe you’re willing to come a little further.

Why are you reading about a workers’ compensation case?

This Spring the Court has received briefing in a case presenting the question of whether the Controlled Substances Act (CSA) preempts an order under a Minnesota workers’ compensation law requiring an employer to reimburse an injured employee for the cost of medical marijuana used to treat a work-related injury. Specifically, the petitioner, Daniel Bierbach, sustained a work-related injury that required surgery and physical therapy. Bierbach was certified as suffering from intractable pain, which is a qualifying medical condition under Minnesota’s Cannabis Act. Bierbach subsequently purchased marijuana in accordance with the act and sought reimbursement from his employer. After the company refused the reimbursement on both state law and federal-preemption grounds, a state workers’ compensation judge held an evidentiary hearing and sided with Bierbach. The Minnesota Supreme Court reversed, holding that the federal CSA preempted state law. Bierbach petitioned the Supreme Court for review of the decision.

Committee members raised questions about the risk that younger workers could begin consuming cannabis.

The Michigan House Committee on Regulatory Reform held a hearing of testimonies on Tuesday about allowing people younger than 21, but at least 18 to work in the cannabis industry in Michigan, reported Fox47News. Currently, employees at adult-use dispensaries and cultivation facilities must be 21 or older. State Rep. Kevin Coleman (Democratic Party) is trying to change this.  “People have to be 21 to work in cannabis and that doesn’t matter if it’s on the science aspect, cultivation, marketing, sales, so House Bill 6061 is simple, what it does is it would lower the age from 21 to 18,” Rep. Coleman said during his testimony. One of his arguments for pushing this change is a shortage of cannabis workers. “We have folks, young people, who are in these college programs or who are trying to start their careers off, who are unable to get involved in the industry because they might be 18, 19, or 20. We want to give young people the opportunity to learn on the job,” Coleman said. (Benzinga)

Senate Democrats are eyeing a cannabis banking bill that has bipartisan support as a potential vehicle for long-sought restorative justice measures.  

Prominent Democrats have been pushing to pass the SAFE Banking Act, which would enable legally operating cannabis firms to use banking services, as part of a larger China competition package being conferenced in both the House and Senate. The bill was included in House Democrats’ competition bill passed earlier this year, but not in the bipartisan Senate-passed version. 

Supporters of the banking bill say it’s urgently needed to stop a surge of violent robberies targeting cash-only pot dispensaries. But the measure, which has passed the House six times in recent years, has had trouble securing passage in the Senate due to resistance from both sides of the aisle, though for different reasons.  

Senate Majority Leader Charles Schumer (D-N.Y.) told The Hill that Democrats are working to add social equity measures to the bill, which is backed by members of both parties. 

“We’re trying to add some of the social justice provisions and see if we can come up with a compromise,” Schumer said.  

A separate bill to legalize marijuana is also backed by Democrats, but it appears unlikely to notch enough support from Senate Republicans to clear a 60-vote procedural hurdle. 

The Sixth Panel of the Superior Court of Justice of Brazil authorized three people to grow marijuana for medicinal purposes, reported O Antagonista.

“The Superior Court of Justice decided Tuesday, June 14 to grant two safe conducts that advance the regulation of artisanal marijuana cultivation in Brazil.” (Benzinga)

The case should serve as a precedent for lower courts and the advance of cannabis legalization in the potentially huge market of 200 million people. The decision contemplates the use of cannabidiol (CBD) for personal use and allows marijuana cultivation only for medicinal purposes, with a prescription. In addition, this gives home growers a legal precedent that can evolve into more comprehensive legislation as in the case of Argentina, where hemp and medicinal cannabis production are already legally produced in the country.

With the current state of uncertainty in the country and in the GOP, November elections may provide some answers as to which direction cannabis legalization is headed in this country.

The 2022 midterm elections are in full swing, and there is nothing that causes friction and clashes on issues quite like an election season. This year, the pile of political issues seems to grow by the day, and each new issue has conservatives and liberals more and more at odds.

There are even a few issues that are creating a fork in the road among conservatives this election season. As major GOP players emerge in 2022, politicians both seasoned and new are taking vastly different stances on cannabis legalization. These differing stances also seem to represent two different futures of the GOP. The midterm elections may help shed light on which type of Republican party voters are looking for moving forward, and also how the conservative base really feels about cannabis legalization. 

One of the most notable GOP candidates when it comes to the future of cannabis and the GOP is Rep. Nancy Mace. Mace has made headlines for many reasons, but most notably for being a conservative who is sponsoring cannabis legalization legislation. The States Reform Act is a bill that would decriminalize cannabis. 

Mace faces Katie Arrington in this Tuesday’s primary. Cannabis policy is not the only thing these two clash on. Arrington is backed by former President Trump, while Mace “blamed Trump for the deadly Jan. 6 Capitol riot, ” according to Politico. In fact, Trump has gone so far as to call Mace “nasty, disloyal, and bad for the Republican Party,” according to the article.

While Arrington has Trump’s backing, Mace and her cannabis bill have their own backing.

Cannabis decriminalization in two cities in West Virginia is being pushed for this year’s November ballot.

A West Virginia cannabis advocacy group called Charleston Can’t Wait has recently been collecting signatures to put a decriminalization measure on the ballot this November in Fairmount and Charleston.

The organization is connected to West Virginia Can’t Wait, which is led by former 2020 governor candidate Stephen Smith. Described as “a movement to win a people’s government in the Mountain State,” it strives to support political candidates who represent the people of West Virginia and aren’t accepting donations from corporations or the fossil fuel industry.

Charleston Can’t Wait is on track to collect the required 2,000 signatures for its decriminalization effort by July 14. As of May 27, the organization’s Facebook page reported an update on the overwhelming support from local residents.

“We’re a whole heap of signatures closer tonight! Why? Because nearly every single person we ask says YES,” the organization said on its social media.

If voted into law, those caught in possession of cannabis would be charged a fine similar to that of a speeding ticket.

Oregon will soon become the first-ever state to ban synthetic weed sales, which includes products containing lab-grown cannabinoids like delta-8.

Starting on July 1, weed shoppers won't find certain weed gummies and other products at their go-to stores, even if they're THC-free, The Oregonian reported. That's because Oregon Liquor and Cannabis Commission officials say they're concerned about the unregulated nature of these products, many of which exist in a federal legal loophole.

"We have testing for pesticides. We have testing for residual solvents from the extraction process. We don't have any testing for any of the whole universe of chemical reagents that you could use to synthetically turn one cannabinoid into something else, or for any of the byproducts of that reaction," Steven Crowley, the hemp and processing compliance specialist with the Oregon Liquor and Cannabis Commission (OLCC), told The Oregonian.

The federal government has banned or temporarily banned certain synthetic cannabinoids like K2 or "spice," but there are hundreds that remain unregulated at the state level.

Scientists are lab-engineering naturally-occurring cannabinoids 

All cannabinoids, the chemical compounds in weed, start as CBG (short for cannabigerol), or the "mother" cannabinoid, as researchers often call it.

When exposed to environmental factors like light or heat, CBG reacts and turns into other cannabinoids, like THC, CBD, THCV, and CBN. THC, the cannabinoid best known for getting a person "high," but isn't legal everywhere, is also the most commonly occurring one in the cannabis plant.

San Bernardino County in California is sponsoring state legislation aimed at increasing fines for illegal cannabis grows and targeting illegal cultivation operations that are polluting groundwater.

Two bills were recently introduced to prevent illegal cannabis cultivation efforts, which are using more water than ever in the wake of a historic California drought.

“Illegal cannabis farming is devastating the desert communities of San Bernardino County,” said San Bernardino County Board of Supervisors Chairman Curt Hagman in a press release.

“The County is determined to stop this terrible damage to the environment and to protect the lives and property of our residents from lawless criminals.”

The county is sponsoring Assembly Bill 2728, introduced by Assemblymember Thurston Smith, and Senate Bill 1426, introduced by Senator Anna Caballero, to tackle these concerns.

AB-2728 would increase the fines for illegal cultivation to $1,000 for each day of violation, and $2,500 for each acre-foot of water diverted (and if that measurement isn’t specified, $500 per plant). These stipulations would only take place in a “critically dry year immediately preceded by two or more consecutive below normal, dry, or critical dry years” in the event that the California state governor has issued a state of emergency.

The Delaware House of Representatives failed to override Governor John’s Carney’s veto of a bill to legalize possession of small amounts of cannabis, likely dooming hopes of reform in the state for the foreseeable future.

The Delaware House of Representatives failed on Tuesday to override a veto of a bill to legalize possession of small amounts of pot, likely dashing hopes for meaningful cannabis reform in the state for the rest of the year. Members of the House voted 20-20 in the bid to override the veto, failing to reach the three-fifths majority required for success.

House Bill 371 from Democratic Representative Ed Osienski would have legalized possession of up to one ounce of weed by adults. Osienski introduced the bill and another measure to establish a regulated cannabis industry in April after a more comprehensive proposal to legalize cannabis possession and commerce failed earlier this year.

Osienski has said that the bill to regulate recreational production and sales, House Bill 372, would create good jobs “while striking a blow against the criminal element which profits from the thriving illegal market for marijuana in our state.” But the measure failed in the House last month despite being favored in the vote 24-14, but failing to reach the 60% supermajority required because the bill includes a 15% tax on cannabis sales.

HB 371 fared better, passing in the House by a vote of 26-14 on May 5. A week later, the Delaware Senate approved the measure by a vote of 13-7, sending the bill to Democratic Governor John Carney for his consideration. But on May 24, Carney vetoed the bill, citing concerns about safety and the economic impact of legalizing recreational cannabis.

“That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” Carney said in his message vetoing HB 371.

A growing number of states have legalized marijuana for medical or recreational use, and at the federal level, Congress is considering decriminalizing the drug and expunging past convictions for marijuana-related offenses.

These policies align with the views of most Black Americans, according to an October 2021 Pew Research Center survey. Wide majorities of Black adults support legalizing marijuana at least for medical use (85%) and favor reforms to the criminal justice system such as releasing people from prison who are being held only for marijuana-related charges and expunging marijuana-related offenses from the criminal records of individuals convicted of such offenses (74% each).

Opinions vary more on whether marijuana should be legal for medical and recreational use or for medical use only. About six-in-ten Black adults (57%) say marijuana should be legal for medical and recreational use by adults, while 28% say marijuana should be legal for medical use only. Notably few Black adults (11%) say marijuana use should not be legal.

The views of Black Americans on this question are similar to those of the public overall. About six-in-ten U.S. adults overall (57%) say marijuana should be legal for medical and recreational use, while 31% say it should be legal for medical purposes only and 11% say it should not be legal at all.

The survey comes as Black adults are disproportionately likely to be arrested for marijuana-related offenses, according to FBI data. Though non-Hispanic, single-race Black and White Americans used marijuana at roughly comparable rates in 2020, Black people accounted for 39% of all marijuana possession arrests in the U.S. despite being only 12% of the U.S. population.

Black Americans’ views on legalization differ notably by party identification and ideology. Similar shares of Black Democrats and Black Republicans say marijuana use should be legal (88% and 85%, respectively), though views differ somewhat on the type of legalization. Roughly six-in-ten Black Democrats and those who lean toward the Democratic Party (61%) say medical and recreational marijuana use should be legal, compared with roughly half of Black Republicans and Republican leaners (48%). By contrast, a greater share of Black Republicans than Black Democrats say marijuana should be legal for medical use only (37% vs. 27%).

And then there were two.

That's how many marijuana bills have survived the 2022 legislative session.

One bill would allocate funds from the Smart and Safe Arizona Fund to tribal police and fire departments, university police and the Arizona Department of Public Safety. The other, a strike-everything amendment mirroring a failed senate bill, poses major changes to Arizona’s marijuana licensing process.

All marijuana bills introduced in 2022 bring the legislatures’ developing relationship with the cannabis business into focus. But continuing debate on changes to licensing show the legislative moves in Arizona’s marijuana market continue to remain internal and hotly contested.

Bills looking to heighten regulation and decrease sentencing largely failed early in the process, with many failing to grab a committee assignment or see a vote. The bills that did gain traction often saw mixed opinion from those within the broader cannabis industry.

Living legislation

Senate Bill 1324

Prime Sponsor: State Senator Thomas Shope, R-Coolidge

In Portugal, the left-wing group Left Bloc is pressing for legalization based on both local drug reform history, as well as current events across Europe.

For those watching the swing of European states into the pro cannabis column, the developments in Portugal have been a source of both optimism and frustration for the past several years.

The production of cannabis for medical export purposes was initiated by Tilray as they looked for a country more open to cannabis cultivation than Germany in 2017. Since then, commercial cultivation and extraction has blossomed domestically. Indeed Portugal is now seen as one of the most important feeder countries for the German medical cannabis market.

As a result of this as well as the general tolerance of cannabis in the country, the legislature was widely expected to introduce and pass formal recreational reform legislation late in 2021 or at the latest, by early this year. However, the issue stalled when the sitting government failed to pass the 2022 budget and a snap election was called for the end of January. The swearing in of the new Parliament was also delayed by a month and a half due to controversies that arose from the counting of overseas ballots.

In such an environment, cannabis reform is not going to be the priority.

European cannabis reform is a zeitgeist topic

However, those advocating for reform have not just gone away. Further, it appears that as of this summer, the prioritization of legalization has re-entered the political room.

What’s safe in pot? Depends on where you are

The spread of legal marijuana across the US is bringing with it a unique challenge: Absent federal guidelines, states are cobbling together hodgepodge rules that leave users without a uniform safety net. 

Take New Jersey, which on April 21 became the latest state with legalized pot. Regulators there are re-examining their own rules on issues as varied as mold limits and batch size for contaminants testing. As with all the 19 states that allow recreational marijuana use for adults, it’s up to local officials to decide what’s best.

This isn’t how the US treats aspirin, lipstick, food, tobacco, carpet, tires — just about everything that’s for sale is subject to uniform health and safety regulations. But marijuana is in odd territory: Federally illegal, yet tried by half the adult population, it’s a fledgling multibillion-dollar market steered by fast-evolving rules. 

Attempts at regulation mark a departure from a black market that flourished bureaucracy-free for decades. But with a US retail market projected to hit $43 billion by 2025, according to researcher New Frontier Data, many in the industry are asking for some government intervention.

“Standardization across product forms, product naming, labeling and testing would simplify our business,” said Dennis Curran, chief operating officer of Acreage Holdings, with 27 dispensaries in eight states.