Despite making permanent such pandemic-era innovations as “beer to go,” Florida lawmakers haven't acted to codify a recently expired policy allowing medical marijuana patients to renew their certifications virtually.

With the state's nearly 600,000 patients now required to visit a doctor in-person for recertification, pressure is mounting for the legislature to act during its 2022 regular session.

The policy allowing telemedicine to be used for medical marijuana patient recertification was promulgated by an executive order signed by Florida Gov. Ron DeSantis at the start of the pandemic. The order expired June 26, nearly two months after the end of this year's regular legislative session.

Measures to expand telemedicine were considered, but making the medical marijuana telemedicine policy permanent wasn't in the offing.

"We've grown accustomed to this virtual world that we live in, and a lot of these things make things easier," said Taylor Biehl of the Medical Marijuana Business Association of Florida, a lobby group pushing for easier access to the drug.

CNBC reports that governmental behavior is being noticed in the judicial branch. The focus is upon comments of Justice Clarence Thomas of the United States Supreme Court. Over the years, he has been derided by the press, largely for not asking questions during oral arguments. But, appointed in 1991, Justice Thomas is the senior member of this court, and he brings an interesting perspective to things. His writing was most recently here in Near Unanimity, Untethered (June 2021), an advocacy for standards and principles to guide the law. His special concurrence described in Toto, We're Not in Kansas Anymore (March 2020) regarding federal preemption is also worthy of note.

The recent CNBC article focuses upon Thomas' comments regarding Gonzales v. Raich, 545 US 1 (2005). There, the Court concluded that federal law regarding marijuana could be enforced despite contrary state laws. One might expect the case to be heavy with Supremacy Clause discussion, but it is all about interstate commerce. The Court's decision in Wickard v. Fillburn plays predominantly in the analysis. Wickard is the foundation of the Court's conclusions regarding modern interpretation of the Interstate Commerce Clause, and has its share of critics. It is foundational to the Court's conclusion that your government can compel you to purchase products or services you do not desire. See NFIB v. Sebelius, 567 U.S. 519 (2012).

CNBC's analysis of the comments regarding Raich are presented in parallel with a recent decision by the Court not to hear a case regarding tax deductions claimed by marijuana businesses in Colorado. The discussion regards whether Justice Thomas' perspectives might signal coming change in the court's perspective on marijuana. Justice Thomas was seen as critical of the inconsistent state laws regarding the production, possession, and sale of pot. He suggested that

Note that this suggests interstate commerce as did Wickard and Raich. Justice Thomas was critical of the federal law regarding marijuana. Included is the clear and definitive "marihuana is illegal" that comes from its listing in Schedule I by the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA). Inclusion on that list, by definition, means that a substance (pot) is a "drug() with no currently accepted medical use and a high potential for abuse. " Thus, the very term "Medical Marijuana" may be an oxymoron. (2015).

A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) claims that the organization did not make its meeting agenda available to the public, which violated a state law known as the Oklahoma Open Meeting Act.

The lawsuit is led by Tulsa-based attorney Ron Durbin of Durbin Law – Viridian, who spoke at a rally at the Oklahoma State Capitol in Oklahoma City on July 30. “One of the main reasons I’m here today is, we filed a new lawsuit against the OMMA, against Director Williams, against her secretary, against a lot of the new members of the board of health and the food safety standard board,” Durbin said.

Approximately 100 people attended the rally, according to Fox 25. “We don’t want to do this; this is ridiculous that we have to continue to do this stuff, but if they keep forcing our hand, we’re going to keep doing it.”

The lawsuit claims that new, emergency rules for the industry, which went into effect on July 1, were agreed upon without making the community properly aware.

The lawsuit states that the OMMA violated the Oklahoma Open Meeting Act, which requires that all state meetings (such as local boards, commissions and all other groups) must be open to the public, and must post an agenda regarding topics of discussion. According to Durbin, the OMMA violated this law. 

As much as I loathe playing pundit, I am often asked by journalists, legislators and business leaders: Will cannabis be legalized this year? Until recently, I was telling people the chances were slim to none. But something has changed recently—and the building momentum feels like Colorado in 2014. 

At that point, I was the newly minted cannabis czar, appointed by then-Governor John Hickenlooper to oversee the establishment of the nation's first legal cannabis market. Since then, I have advised and consulted with 19 different governments on implementing legal cannabis frameworks—there is something about this moment that feels like legalization is just around the corner. As of 2021, 18 states and Washington, D.C., have legalized adult-use cannabis, and an astounding 36 states and D.C. have legalized cannabis for medical use. In the last 12 months, 10 states have approved cannabis measures—ranging from full legalization in New York to decriminalization in Alabama.

Momentum is building for legalization, both in the raw numbers of states but also in broad, bipartisan public support. Multiple polls released this year show a majority of Americans support adult-use cannabis and an even larger majority support cannabis for medical use. Even in deep-red states like South Dakota, 54 percent of voters approved legalizing cannabis at the ballot box. But like in South Dakota, where resistance from the governor has slowed implementation of a legal cannabis market, support for legalization in the nation's capital has lagged that of the public. The tide is shifting, however, and Democrats and Republicans in Congress are no doubt taking note.

Senate Majority Leader Charles Schumer (D-N.Y.), joined by Senators Cory Booker (D-N.J.) and Ron Wyden (D-Ore.), speak at a press conference on introducing legislation to end federal cannabis prohibition on July 14, 2021.KEVIN DIETSCH/GETTY IMAGES

Recently, the greatly anticipated draft "trio bill"—aptly nicknamed for the three-way cannabis reform effort by Senate Majority Leader Chuck Schumer (D-N.Y.), Senate Finance Chairman Ron Wyden (D-Ore,) and Senator Cory Booker (D-N.J.)—was revealed, intended to spur discussion before a formal bill is introduced. With broad public support and both parties introducing bills to establish legal cannabis at the federal level, cannabis legalization is surely on the horizon.

An organization hoping to regulate marijuana in Ohio has changed routes on legalization. 

The Coalition to Regulate Marijuana Like Alcohol announced Tuesday it will now try passing a state law instead of through a constitutional amendment, which was the original plan, as outlined in March 2020.

“We are proposing to regulate marijuana for adult use, just like we do for alcohol," said Tom Haren, a spokesman for the group, in a statement. "Our proposal fixes a broken system while ensuring local control, keeping marijuana out of the hands of children, and benefiting everyone.”

The coalition submitted its proposal, along with more than 1,000 signatures, to the Ohio attorney general's office on Tuesday. The AG has 10 days to review the summary proposal.

The group would need to collect 132,887 signatures of registered Ohio voters to put the measure before the Legislature.

Canada is opening their border to vaccinated U.S. travelers on August 9, but while cannabis is now legal in New York state and Canada, it’s still illegal to take it between the two locations.

Since Canada legalized cannabis in 2018, Mike Niezgoda with U.S. Customs and Border Protection said there have been a number of smuggling cases.

“We had an incursion that came via helicopter that landed in Grand Island, just north of Buffalo,” he said. That was in 2019 when Border Patrol agents recovered four duffel bags carrying a total of more than 100 pounds of weed with an estimated street value of more than $100,000.

However, Niezgoda said that smaller infractions, and unintended smuggling, are another matter for travelers to keep in mind.

“Say they went to Toronto to go up to see the Maple Leafs play the Sabres, they bought some marijuana, and then they forgot about it and then came back and they realized it right when they saw the booth.”

Chuck Schumer Is Still Working To Pass His Federal Reform Bill

Image credit: Marijuanastocks.com - MarijuanaStocks

3 Political Figures Want Cannabis Federally Legalized ASAP

Senate Majority Leader Chuck Schumer at the end of the week spoke on his approach for gaining enough votes to pass his federal reform bill. He went on to explain the means of asking for feedback on the legislation from colleagues. From this, he hopes to work on including any requested “modifications” in order to get the measure passed in 2021. Just a short time ago Schumer released his draft for his new cannabis reform legislation. This reveal was done with Senate Finance Committee Chairman Ron Wyden and Sen. 

As the political figures made clear that public input is important. With this, they’ve created an email where people can send comments in regards to the bill until September 30th. The new comments offer a raw look into the legislative process to build backing for the bill within the Senate.

“We’re now going around to our colleagues saying, ‘Would you sign onto the bill? And if you don’t like what’s in the bill and want some modifications, tell us,’” he told ABC’s The View. “I want to get this done. And I think we will get it done because it’s so, so overwhelmingly supported by the American people.”

To date, 19 states have voted to legalize marijuana for recreational purposes. Where is the legality of recreation, marijuana production and distribution is booming, Billions of dollars Provides industry, tax revenue and work.

Meanwhile, 36 State and 4 territories Pots may be legal for some uses, but not all, as they have legalized medical pots and their numbers overlap to some extent with recreational aggregates. Two states And under federal law, cannabis is still completely illegal. In other words, you need to know from state to state whether you will be imprisoned for possessing marijuana. When you cross state boundaries, it’s a misleading patchwork of law and a legitimate minefield, and numbers continue to change.

As a nation, how will we tackle this issue at the federal level and create a fair competition for all?

Jason Flores-Williams is a Colorado-based lawyer. Jonathan wallA 25-year-old man awaiting trial on marijuana-related charges at Supermax Prison in Baltimore. Wall faces up to 15 years to distribute cannabis, which is perfectly legal in other states. Williams is trying to raise awareness of these disparities in the United States and is calling on the federal government to intervene and end the marijuana ban.

Jonathan Wall is awaiting trial in 2022 on marijuana-related charges.

On July 12, 2021, California Gov. Gavin Newsom signed into law Assembly Bill 141 (AB-141), which creates the Department of Cannabis Control (DCC). The DCC will consolidate the three state cannabis programs – the Bureau of Cannabis Control (BCC), the California Department of Food and Agriculture’s (CDFA) CalCannabis Cultivation Licensing Division, and the California Department of Public Health’s (CDPH) Manufactured Cannabis Safety Branch – under a single department in an effort to centralize and simplify regulatory and licensing oversight in California. Governor Newsom has appointed Nicole Elliott as the initial Director of the DCC.

The complexities associated with dealing with California’s three-headed cannabis regulatory monster – for example, determining which regulatory body to answer to, understanding how the various regulatory bodies play into vertical integration, and keeping track of each program’s frequent updates – sometimes impeded the success of entrepreneurs and businesses in the cannabis industry.

The creation of the DCC aims to eliminate these issues. AB-141 transfers the “powers, duties, purposes, functions, responsibilities, and jurisdiction” of the BCC, CDFA, and CDPH to the DCC.

“The state’s consolidation effort delivers on the commitment made by the Newsom Administration to listen to and work with California’s legal cannabis industry to streamline participation in the legal market by offering a central point of contact for licensed operators,” Lourdes Castro Ramirez, secretary of the Business, Consumer Services and Housing (BCSH) Agency, said in a statement.

In addition to consolidating California’s cannabis regulatory bodies, the DCC will also increase licensing transparency within the cannabis industry. AB-141 will require the DCC to provide information on its internet website related to the status of every license issued by the DCC, including the county of a licensee’s address of record. Beginning January 1, 2022, AB-141 will require this information to include information on suspensions and revocations of licenses and final decisions adopted by the DCC. However, AB-141 will prohibit the sharing of personal identifying information, including home addresses, home telephone numbers, dates of birth, or social security numbers.

Plant Growth Regulators seem nonthreatening, but this cannabis should instill fear in you as a user. Heres why. Of course, you have heard about the negative impact of fungicides and pesticides on your bud, but that is not the only risk of contamination you will experience. There is another chemical scare brewing in the cannabis industry, and you’ve got to know how to identify it.

Plant Growth Regulators (PGR) weed is a novel substance in the cannabis sector, and it came to bear because of the desire for larger buds and yields. When consumer’s demand for cannabis goes higher, farmers start cutting corners by squirting the cannabis crop with damaging PGRs. So now metal contamination should be your sole concern as a cannabis consumer; you also need to be worried about the possibility of PGR in your weed.

What is PGR?

In the 1930s, American agricultural enthusiasts were faced with a chemical revolution. At this time, the farm industry in America had accepted the use of synthetic chemicals, which includes things like:

This was also a time when new chemical applications referred to as “Plant Hormones” and regulators were applied to pineapples to boost their flower production. Farmers in this American agricultural era started to adopt these methods with other crops, hence gaining popularity.

The plant growth regulators used on crops were aimed at controlling their growth in a particular way. For example, with cannabis, it meat that cannabis growers will have denser buds, larger yields, and bushier crops, which were a sign of abundant growth.

Aside from cannabis, the plant growth regulator can be sprayed on trees to keep them short and preserve them; there are also other ways of application on crops. PGRs are chemicals utilized to change the rate at which a plant grows or alters a part of the plant.

New York Cannabis United is calling on both the Cuomo Administration and New York State Legislators to uphold the promises made in the new law by swiftly appointing leadership to the Cannabis Control Board.

By Imani A. Dawson

On March 31st, Governor Cuomo signed the Marihuana Regulation and Taxation (MRTA) into law, conceived as one of the nation’s most equitable. The law has the potential to create the country’s largest legal cannabis industry and mitigate the harms experienced by Black and brown communities in the process.

Three months later, legalization has stalled in New York. Elected officials have taken no clear and public steps to create the promised cannabis industry grounded in social justice, economic equity, and environmental renewal. Every day that goes by without the administrative structure in place to implement the MRTA harms New Yorkers. The lack of transparency around selection criteria and lack of action around proposing candidates undermines this historic victory.

New York Cannabis United (NYCU), a coalition of New York cannabis advocacy organizations, businesses, farmers, aspiring entrepreneurs and people disproportionately impacted by cannabis prohibition, is calling on both the Cuomo Administration and New York State Legislators to uphold the promises made in the new law by swiftly appointing leadership to the Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) leadership who represent the geographic and cultural diversity of New York state.

Dear Governor Cuomo and New York Lawmakers:

Chairman Bryan says he doesn’t intend on calling any additional hearings regarding medical marijuana. 

On Wednesday, the Mississippi Senate Public Health and Welfare Committee met to hear from a series of speakers as the lawmakers continue to gather information in preparation for a medical marijuana bill to implement a program in the state.

The committee heard testimonies from:

Sen. Hob Bryan

After each individual spoke in front of the senators, Chairman Sen. Hob Bryan stated that one of the goals he had in mind with holding the public hearings is to flesh out the issues and have some public conversation. Chairman Bryan feels as if the committee has accomplished this.

“I do not intend to call any additional hearings. I think the hearings we’ve had have been productive,” said Bryan. “Just speaking for myself, I think that I have gotten something out of every single presentation at every single hearing which is a pretty good track record.” 

A new survey shows a majority of Floridians are in support of it, but organizations are still concerned it may not make the ballot in 2022. 

It's been nearly a decade since Colorado and Washington become the first two states to legalize recreational marijuana. Now, it's legal in 18 states, including the District of Columbia and Guam. Many hope the Sunshine State is next. 

"This is not a partisan issue. Across the political spectrum there is a majority of support," Suncoast NORML Chapter Executive Director Chris Cano said.

A recent survey by Public Policy Polling, shows 59% of Floridians support legalizing recreational marijuana compared to 31% of people who oppose it.

"Why is there this disconnect between public policy and what people want and it really does boil down to the other forces at work that our representative government have at play," Cano said.

Several new doors are being opened in New York State due to the legalization of recreational marijuana. You can now take your stash with you when you travel on an airplane.

The Albany Times Union reports that Transportation Security Administration officials will no longer be looking for marijuana when searching individual passengers or their luggage. The Times Union spoke with a former New York State Police Colonel by the name of Bart Johnson about the discovery of marijuana in the luggage of New York travelers. Johnson told the Times Union, "We don’t seize it. We just look for threats — explosives, knives, guns; we don’t look for illegally possessed narcotics."The author of the Times Union article also spoke with Albany County Sheriff Craig Apple about deputies who are called on to respond to TSA checkpoint lines during searches. Apple tells the Times Union that they no longer issue tickets or make arrests for possession of three ounces of pot or less, per New York State law. Not only do the deputies not issue tickets or make arrests, they do not confiscate the marijuana either.

Similar experiences have been shared about travel in states like California and Colorado. With the legalization of recreational marijuana, it's likely you'll continue to see less regulations and less enforcement when it comes to possession of pot. In the years to come, New Yorkers will be able to walk into a store and purchase pot products and in several varieties. There's comfort in knowing you can bring your favorite strain on any plane. While some law enforcement agencies are looking the other way when it comes to pot on planes, you may want to call ahead or make sure your local airport allows it.

US medical cannabis company MedPharm Holdings subsidiary MedPharm Research has been approved for a Drug Enforcement Administration (DEA) Schedule I Researcher License.

Acquiring this was no mean feat as the DEA is still particularly sensitive to anything cannabis related.

“It’s been a long road to getting a federally approved license,” said Albert Gutierrez, CEO of MedPharm Research. “We are thrilled and honored that the DEA saw the importance and significance of the work we do at MedPharm. We proved to them that we deserve this license.”

MedPharm Research says the DEA license authorises it to possess and use cannabis related Schedule I substances for research purposes. This will enable the firm to isolate and evaluate the activity of phytocannabinoids on various types of brain cells, and allows MedPharm to study all of the 400+ molecules known to be made by the cannabis plant.

“Access to the diversity of chemicals produced by cannabis has never been greater and we are excited to unlock the medical potential of these compounds,” said Medpharm director of chemistry and research, Tyrell Towle, PhD.

Maryland legislature announced it will place a cannabis measure on the 2022 ballot and will establish a work group to begin studying potential issues of legalization.

(image: shutterstock)

Maryland state lawmakers announced last week that the legislature will turn to the voters on the issue of cannabis policy reform by placing a marijuana legalization measure on the statewide ballot next year. Maryland House of Delegates Speaker Adrienne A. Jones said in a statement on Friday that she would establish a legislative work group in the fall to begin studying the issues surrounding cannabis legalization.

“While I have personal concerns about encouraging marijuana use, particularly among children and young adults, the disparate criminal justice impact leads me to believe that the voters should have a say in the future of legalization,” Jones said in a statement. “The House will pass legislation early next year to put this question before the voters but we need to start looking at changes needed to State law now.”

Former Mexican President Vicente Fox expects cannabis will be a part of the new North American free-trade deal following the country's Supreme Court decision to loosen some of the rules on how the drug can be consumed.

 "Cannabis has to be part of the trading between United States, Canada and Mexico," Fox said in a broadcast interview.  "Canada is an open market for cannabis, so, too is Mexico today. For the moment today for medical use, in September for recreational use."

Fox's comments come after Mexico's Supreme Court ruled to strip prohibitions against consuming marijuana last month despite lawmakers failing to formally pass legislation to establish the rules behind a recreational market. The court also ruled that it will now allow anyone who wants a permit for recreational cannabis to receive one. 

The ruling doesn’t decriminalize the sale of cannabis or its use without a permit. Mexico legalized medical cannabis in 2017 and regulations on how the country will manage its recreational marketplace are expected to be announced later this year. 

"The Supreme Court finally corrected the law in order to proceed with the opening of the market," Fox said. "Congress was resistant but the Supreme Court made the final decision."

The University of Florida has brought its two-year Industrial Hemp Pilot Project for a landing with guidance that the crop might be a viable commodity for Florida growers in the future, with caution for economic and environmental challenges.

The UF/IFAS-led pilot project began in spring 2019 after federal and state legislation established an industrial hemp pilot program with research and education priorities that support hemp cultivation.

“From our research, including the on-farm trials with growers around the state, we have found that hemp can grow in Florida, but there is more work to be done on the way to a viable crop,” says Zachary Brym, UF/IFAS agronomy Assistant Professor and hemp pilot project lead scientist. “There are a variety of environmental and management factors that influence hemp productivity that we need to spend more time understanding. We’ll keep up that work as long as there is support to do so.”

According to UF/IFAS, key observations from the pilot project include:

Hemp research and education efforts continue beyond the end of the two-year pilot program. This includes the online hemp research workshop and the newly established cultivar approval program that provides science-based evaluation of industrial hemp varieties. The approval program is led by Brian Pearson, Assistant Professor of crop management at the UF/IFAS Mid-Florida Research and Education Center in partnership with Roseville Farms.

The St. Regis Mohawk Tribe is poised to open the first adult-use cannabis shop in New York State, beating out the non-tribal retailers by up to a year…or more.

The tribe, located in northern New York along the U.S.-Canada border, adopted its own ordinance regarding legal marijuana last month, following New York state’s April 1 legalization.

How and why

Their ordinance went further than the state’s law, created under the Marijuana Regulation and Taxation Act (MRTA), by setting up rules for growing and processing cannabis, licensing retail shops and declaring that everything, from seed to sale, must take place on tribal territory.

The plan includes licensing tribal entrepreneurs, rather than running the businesses themselves. The tribal council has already received more than a dozen applications to be reviewed and issued by a tribal cannabis control board, reported Syracuse.com.

“We want to ensure that our community is prepared to utilize this opportunity to support our local entrepreneurs’ efforts to help diversify our local economy and support community programs and services through tribal licensing fees,” the St. Regis tribe said in a statement.