WeedLife News Network

New Mexico lawmakers passed a bill to legalize recreational cannabis on Wednesday, making the state the second in the nation to approve such legislation this week. Also on Wednesday, Gov. Andrew Cuomo of New York signed an adult-use cannabis law passed by the legislature late Tuesday, making the Empire State the 16th in the nation to do so.

New Mexico lawmakers came close to reaching an agreement on legalizing recreational marijuana use and sales last month, but failed to complete a deal by the end of the legislative session on March 20. That led Democratic Gov. Michelle Lujan Grisham to call a special legislative session that began on Tuesday to complete work on the legalization bill.

State legislators also passed a separate measure that will expunge the records of those with convictions for some past marijuana offenses. Lujan Grisham said she would sign the bills and  characterized the special legislative session as a “success” after the bills were passed by lawmakers.

“This is a significant victory for New Mexico. Workers will benefit from the opportunity to build careers in this new economy. Entrepreneurs will benefit from the opportunity to create lucrative new enterprises,” the governor said in a statement released on Wednesday. “The state and local governments will benefit from the additional revenue. Consumers will benefit from the standardization and regulation that comes with a bona fide industry. And those who have been harmed by this country’s failed war on drugs, disproportionately communities of color, will benefit from our state’s smart, fair, and equitable new approach to past low-level convictions.”

Up To Two Ounces Of Pot OK Under Bill

Thanks to the state of New York’s recent move to legalize recreational cannabis, laws are going to change across the board. One exciting new development is that the smell of cannabis alone is no longer cause for search and seizure in the state. 

As of this week, the NYPD issued a memo to all officers that, now that cannabis is officially legal, more probable cause than just the smell of cannabis is needed for a car to be searched. The memo lays down the new law and explains how it will affect officers’ interactions with folks who may or may not have cannabis legally on their person. 

“Effective immediately, the smell of marijuana alone no longer establishes probable cause of a crime to search a vehicle,” the memo explains. “This change applies to both burnt and unburnt marijuana.”

While driving high will remain a crime in New York, like in other legal states, and the small of burned cannabis could be cause for officers to decide a driver is impaired, they will only be allowed to search the passenger compartment, not the trunk of the vehicle, unless there is more evidence that the trunk could contain something illegal. While using cannabis in a vehicle is illegal, transporting legally purchased cannabis back home after purchase is not, as long as the cannabis is sealed and not being used. Therefore, simply smelling of cannabis is no longer a crime.

Other Major Changes In New York

The Swiss Federal Office of Public Health (FOPH) has announced further draft details on the plans for legalised supply of adult-use cannabis under pilot schemes. Under the current plan, the pilot schemes can be set up from May 15th 2021 and can run until May 2031 at the latest.

If your business is interested in getting involved in the market in Switzerland, get in touch with our consulting team at info@prohibitionpartners.

Mexico’s lower house of Congress in March handily approved a bill to legalize the recreational use of cannabis. The bill is now with the Senate, where it is likely to pass, as Mexican senators have previously voted to legalize cannabis.

If that happens, Mexico will join Uruguay and Canada in allowing people to use cannabis recreationally, albeit in more limited fashion.

Mexico’s bill would not outright legalize cannabis; it would raise the country’s existing threshold of nonpunishable personal possession from 5 grams to 28 grams. Possession of 29 to 200 grams of cannabis would result in a fine. After that, prison would still be a possibility.

Selling cannabis will still be a crime, meaning peasant farmers in the states of Sinaloa, Chihuahua, Durango or Michoacán who make a pittance growing cannabis can still end up in jail.

However modest, marijuana legalization would be a symbolic milestone for Mexico, a country immersed in an unforgiving drug war.

Here is one basic fact of legalization that has permeated most reform movements in the United States at the state level and in Canada, if not just south of the Rio Grande (Mexico). To some extent, it is also the legal argument at the heart of German reform. It is absolutely the one at the heart of a major Spanish case now accepted for argument at the European Court of Human Rights. But here is the basic premise: Access to cannabis, particularly as medicine (but not limited to just medical access), is a basic constitutional right.

It is an interesting thought, really, that access to a plant might be considered so fundamental to human dignity if not individualism. It makes sense if you are a patient with a debilitating disease, but nobody really ever pays attention to the disabled if not “stoners” involved in this discussion (sadly). It is, however, thanks to these outsiders and their legal cases however, that reform has moved at all. 

However, even outside of a courtroom, as reform has moved forward only with this definition if not challenge to the same, that this powerful idea has permeated, even punctured, basic reform in several countries so far (as well as U.S. state markets). 

Why that has become of the tip of the spear of reform is one question. What it means, downstream, as the world normalizes, is another.

What Are Constitutional Rights and Where Does Cannabis Cross into Them?

If New Mexico is to become the latest state to embrace marijuana legalization, it will apparently take a special legislative session to pull it off.

Lawmakers there have been summoned back to the state capital of Santa Fe for a special legislative session this week to tackle the issue, after a previous effort to end pot prohibition fell short.

New Mexico’s legislative session officially ended on March 20, but the state’s Democratic governor, Michelle Lujan Grisham, called the legislators back.

“I am grateful to those legislative leaders and members who have expressed enthusiasm about returning to the people’s work so soon after a challenging 60-day session,” Lujan Grisham said in a statement on Friday. “The unique circumstances of the session, with public health safeguards in place, in my view prevented the measures on my call from crossing the finish line. While I applaud the Legislature and staff for their incredible perseverance and productivity during the 60-day in the face of these challenges, we must and we will forge ahead and finish the job on these initiatives together for the good of the people and future of our great state.”

The special session is slated to begin on Tuesday.

Read entire article at Technical420

During the last year, the global cannabis market has recorded significant advancements as new markets in the European Union (EU) and Latin America have started to gain traction. 

Mexico is a market that has been in focus and is an opportunity we are excited about. The country is working to pass recreational cannabis legislation and we expect a positive outcome to be a major catalyst for the entire sector. 

Over the weekend, we read a few articles that stated that the Mexican Senate is prepared to approve a legislation to legalize cannabis after it was amended by the Chamber of Deputies earlier this month.

The comments come a few weeks after the Chamber of Deputies passed a legalization bill that had been revised since it was approved by the Senate in late 2020. We consider this to be an important development as it relates to the potential for the legislation to be passed quickly and will monitor how the Mexican market advances from here.  

Scofflaws could be hit with penalties ranging from $200 to $2,000

Starting today, travellers who lie about carrying marijuana over the Canadian border could face fines.

Recreational cannabis has been legal in Canada since the fall of 2018, but it's illegal to bring it across the border without a permit or exemption.

The Canada Border Services Agency announced today that travellers who provide false information to an officer or fail to report imported goods containing cannabis, including CBD products, could be hit with fines ranging from $200 to $2,000.

Those caught with undeclared cannabis could also lose their membership in programs like NEXUS — which speeds up border crossings for pre-approved travellers — or the Free and Secure Trade (FAST) program, a commercial clearance program.​

The agency said it may also pursue prosecution in serious cases, but it stressed that its goal is to discourage illegal activity while also avoiding criminal charges.

Will New York Go Legal Next Week

The cannabis industry is one of the fastest-growing sectors across the world. Especially in the United States with more states looking to legal in 2021. Recent data reported that the total sales in the U.S. reached a record-breaking $17.5 billion between the medical and recreational market. Right now there is a great deal of anticaption in regards to cannabis legislation between state and federal. For example, more states are implementing different cannabis laws that will help to regulate things more smoothly.

In addition to this with better state-level legislation, it will also aid in the overall protection for cannabis consumers inside the state. Now on a federal level which more people are paying attention to is the bigger focus when it comes to cannabis legislation. If the new administration can somehow pass a bill that would reschedule cannabis many doors will soon be open. When cannabis becomes federally legal it will allow not only more states but outside regions to be involved in the U.S. cannabis industry without fear of breaking the law.

Back in 2020 during the presidential election, 5 new states legalized marijuana in some form. One of these states was New Jersey which has one of the largest consumer bases for a new cannabis market. With New Jersey voting to go legal it has inspired its neighboring New York to follow it in the same footsteps. Just like New Jersey, the big apple has a big market for cannabis consumers.

If New York does vote to go legal it will only add more value to the U.S. cannabis industry. So with much to be seen in 2021 New York is preparing to pass a bill that would establish legal cannabis in the state. Below we will go over the recent update with the NY cannabis bill.

Will New York Go Legal In 2021

Lawmakers and political figures have come together to work out a way to agree on a bill that would legalize cannabis. This new legislation would be to legalize the various marijuana products and the adult use of cannabis. As well this new bill would allow residents to have a small number of marijuana plants in their homes.

Two years ago, the Michigan Department of Agriculture and Rural Development (MDARD) established the state’s first Industrial Hemp Ag Pilot Program so farmers, processors, and colleges and universities could grow, handle, process, and research industrial hemp. The program continued into the 2020 growing season, with 631 growers and 517 processor-handlers registered and/or licensed to grow, process, and market industrial hemp.   The bill, sponsored by Senator Dan Lauwers (R-Brockway Township) set a lot of parameters for hemp growers.

It might not make a lot of sense with marijuana being legal in Michigan, but the Feds hold a different view and want to make sure the industrial hemp grown won’t get anybody high.  The bill two years ago required that government inspectors sample the plants for THC analysis.

Today, Governor Whitmer signed another bill sponsored by Senator Brockway, that gets the state program in line with the federal guidelines, which went into effect on Monday March 22nd.

“Updating our industrial hemp growers act was a critical step in maintaining regulatory certainty for hemp cultivation in Michigan,” said Gary McDowell, director of the Michigan Department of Agriculture and Rural Development. “This helps our hemp growers and processors ensure they’re aligned nationally and signals the importance of supporting this emerging part of our agriculture economy. I appreciate the bi-partisan support and swift movement ensuring Michigan’s legislative framework meets federal requirements.” 

Key revisions and updates to the state’s Industrial Hemp Growers Act include the following: 

To the surprise of many, South Dakota’s Governor Kristi Noem is considering a bill that would decriminalize cannabis in South Dakota. While Noem has been unflinchingly strict on cannabis before, she is now starting to loosen up a bit, though not enough for some advocates.

The legislation, which is being proposed by the governor’s office, would limit the number of plants medical cannabis patients could have, as well as stop the process of incarcerating people for possessing small amounts of recreational cannabis. Up to an ounce, or eight grams of concentrate, would simply get a petty offense charge, no jail time, as long as the person was 21 or older. Repeat offenses would result in a class 2 misdemeanor instead of a felony charge. 

“This is one of several draft bills being circulated for discussion and Gov. Noem has not endorsed any of them,” said Tony Venhuizen, Noem’s chief of staff.

Noem is allegedly concerned about the medical statutes that will go into effect this summer, as they don’t specify a cap for how many medical plants a patient can have in their home. Under this new proposal, the limit would be three.

A competing proposal drafted by cannabis advocates South Dakotans for Better Marijuana Laws sets the limit for home-grown plants at six instead, and wants less severe charges for those under 21 found to be in possession of cannabis. The competing proposal has some backing from senators who are more pro-cannabis and feel that Noem’s bill doesn’t go far enough. 

In April 1990, Jackee Winters and her 2-year-old daughter, Autumn, were driving in their new black Mitsubishi truck when they got hit by a car.

Autumn died that day. Winters was in a coma for a few days and needed to relearn how to speak and walk. Doctors reconstructed her chest after the steering wheel damaged it and bruised her heart.

Winters, who now lives in Idaho City, was eventually diagnosed with depression, and the accident left her with disabilities, pain and nightmares that she has battled since then. She takes a variety of medications for her mental health and traumatic brain injury, according to medical documents.

On a vacation to Oregon several years ago, Winters said she tried marijuana. She said she slept soundly that night. And when her teenage daughter was battling brain cancer, she took her to Oregon to let her also try cannabis. Winters said it relieved her daughter’s pain.

Winters’ daughter is now in remission. Winters said she thought about moving out of the state to access medical cannabis, but she grew up in Boise and loves the area. If her daughter’s cancer ever returned, Winters said she’d likely want to move.

The FDA said in a statement that the products that are the subject of the warning letters have not gone through the FDA drug approval process and are considered unapproved new drugs.

The U.S. Food and Drug Administration has issued warning letters to two companies for selling products labeled as containing cannabidiol (CBD) in ways that violate the Federal Food, Drug, and Cosmetic Act (FD&C Act). Specifically, the warning letters address the illegal marketing of unapproved drugs labeled as containing CBD. The companies are Honest Globe and BioLyte Laboratories.

The letter sent to Honest Globe referenced the products “ELIXICURE ORIGINAL PAIN RELIEF with CBD” (roll-on and pump versions) and “ELIXICURE LAVENDER PAIN RELIEF with CBD” (roll-on and pump versions) (hereinafter referred to as “ELIXICURE PAIN RELIEF with CBD” products). The “ELIXICURE PAIN RELIEF with CBD” products were labeled as containing cannabidiol (CBD) and require no prescription.

The letter reads, “Your “ELIXICURE PAIN RELIEF with CBD” products are unapproved new drugs introduced or delivered for introduction into interstate commerce in violation of sections 505(a) and 301(d) of the FD&C Act, 21 U.S.C. 355(a) and 331(d). Furthermore, your “ELIXICURE PAIN RELIEF” products are misbranded drugs introduced or delivered for introduction into interstate commerce in violation of sections 502(a), 502(ee), and 301(a) of the FD&C Act, 21 U.S.C. 352(a), 352(ee), and 331(a).” The FDA also said that although CBD was listed as an inactive ingredient in the labels of the “ELIXICURE PAIN RELIEF with CBD” products, the product labeling clearly represented CBD as an active ingredient, which is a component of a drug intended to furnish pharmacological activity or other direct effects in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or function of the body. Ultimately an inactive ingredient should not exert pharmacological effects.

In addition to the marketing, Honest Globe was cited for production issues. The letter stated, “Your Quality Unit (QU) lacked control over your topical over-the-counter drug manufacturing operations and failed to ensure that you had adequate procedures. In your response, you committed to working with your contract laboratory to investigate the cited OOS results and future OOS results. Your response is inadequate because you did not address your responsibilities to investigate potential manufacturing deficiencies that may have led to the OOS results. Your response also failed to evaluate batches with OOS test results that had been distributed and were still within expiry.”

In 2019, the SAFE Banking Act, a measure that would prevent federal banking regulators from sanctioning banks for working with legal cannabis businesses, passed in the House of Representatives only to languish in the then Republican-controlled Senate. Last week, the bill showed a shred of life when it was reintroduced in the House. Now that the Democrats are in control of Congress and the White House, is there hope that the SAFE Banking Act will finally pass?

The reaction among cannabis professionals has been equivocal, at best. For instance, Nathaniel Gurien, CEO of Fincann, a provider of payment solutions for the cannabis industry, feels the bill is nothing more than a superficial band aid to a larger problem, namely the federal illegality of the plant.  

"If Congress passes simple cannabis de-scheduling or the similar MORE Act, [which would decriminalize marijuana] this summer as expected, then the SAFE Banking Act would be moot," he said.

Yet Gurien has his doubts. “Majority Leader Schumer (D-NY) appears inclined towards more comprehensive legalization, which will likely require a couple years of wrangling with ‘stakeholders’ pushing federal legalization into the next Congress and 2023."

Matt Hawkins, founder and managing partner of Entourage Effect Capital, is adopting a glass half-full perspective. For him, the passage of the bill would be a boon for the industry as it could pave the way for plant-touching businesses to be able to trade on the NASDAQ and the New York Stock Exchange in the future. "This could open the floodgates for institutional investors who have been hungry to invest in this space and could also allow legal businesses to finally tap into capital markets and become closer to operating like mainstream companies," he explained. "Additionally, larger operators and ancillary companies flush with cash could have the buying power to more efficiently scale their businesses throughout the country."

In Morocco’s impoverished Rif mountains, cannabis grower Mohamed El Mourabit hopes a plan to legalise the drug for some uses will raze what he calls a “wall of fear” surrounding farmers caught between poverty, traffickers and the law.

The government last week approved a law to allow the cultivation, export and use of cannabis for medicine or industry. Parliament looks likely to ratify it, despite the issue dividing the governing coalition’s biggest party.

The change is meant to improve the lot of farmers in the often restive Rif region where it has been grown for decades, and to tap into a growing global market for legal cannabis.

But the law has divided opinion among Rif farmers, who fear it will do nothing to address a years-long slide in their income or help them escape outstanding arrest warrants.

New Zealand Prime Minister Jacinda Ardern says the decriminalization of cannabis is “just a rung below” legalization and she does not view it as a rejection of last year’s referendum on the plant, reports Newshub.

A recent poll found that 69 per cent of New Zealanders either support full legalization or decriminalization of cannabis.

In a referendum held late last year, cannabis legalization was narrowly defeated, when 50.7 per cent of voters said “no” to legal weed.

Ardern faced criticism for not revealing her stance during the referendum. After voting was completed, she said she voted in favour of legalization.

In an interview last week, Ardern said, “I share the view of many that the idea of individuals being criminalized for possession is not something I think most New Zealanders support,” according to Newshub.