WeedLife News Network

Just one day before the U.S. Department of Agriculture (USDA) released its final rule on hemp, Kentucky Senator Adrienne Southworth introduced legislation in the state to increase the allowable amount of tetrahydrocannabinol (THC) in hemp to 1%.

While the USDA’s final rule maintains its 0.3% THC limit, Southworth, who assumed office Jan. 1, is hoping that may still change at the federal level. And if it doesn’t, she’s hoping Kentucky can lead the charge in helping other states make the change at a local level.

As one of the first states to begin cultivating hemp under a pilot program, Kentucky has long been a leader in legalization initiatives, Southworth says, including attempting to legalize the crop since the early 2000s. 

“From the beginning, there was always a clash between federal and state,” Southworth tells Hemp Grower. “The 0.3% THC—we always thought that was the best we could do at the time [of hemp’s legalization.]”

Waiting on Change

New Jersey’s top law enforcement official has extended an order halting prosecutions for low-level marijuana offenses through the end of March, according to a memo from his office addressed to prosecutors across the state.

The move from Attorney General Gurbir Grewal comes as two bills — one to launch a legal marijuana industry in New Jersey and another to halt many arrests related to the drug — sit on Gov. Phil Murphy’s desk unsigned.

“As we continue to await anticipated final action on the pending cannabis legalization and marijuana decriminalization legislation, I am instructing all New Jersey municipal, county, and state prosecutors to seek an additional adjournment, until at least March 31, 2021, of any juvenile or adult case involving any of the following charges, alone or in combination with each other, where there are no other pending charges,” according to the letter, dated Jan. 22 and obtained by NJ Advance Media.

Grewal issued a directive in November for prosecutors to halt proceedings on marijuana possession and use offenses, having marijuana while driving or driving under the influence.

In cases where residents faced additional charges on top of low-level marijuana offenses, Grewal told prosecutors to “use their discretion” to either ask that the marijuana charges be dismissed or to postpone the entire case.

While medical marijuana is legal in Florida, it can still cause a public employee to lose their job. South Florida Democrats Senator Tina Polsky and Representative Nicholas Duran, are trying to change that.

Boca Raton Democratic Senator Tina Polsky says when the state-approved medical marijuana, lawmakers left what she says is a loophole.

“So you’re allowed to use medical marijuana if you have a proper license but if you get drug tested at work having nothing to do with your performance you can be fired for using a legal substance,” said Polsky.

Polsky has a bill that would prevent public employers from firing, demoting, or suspending someone who tests positive. Miami Representative Nicholas Duran says a person would have to produce their medical marijuana card as an explanation for the positive result.

“In the event someone takes a drug test and they test positive for marijuana they should be able to sort of explain and show that they are registered,” said Duran. “That they are using medical marijuana and that’s the reason why their drug test came back positive for it”

Although it supports the interstate transportation of legal hemp, a final hemp rule announced by the U.S. Department of Agriculture does not include requirements for shipping documents that could help motor carriers avoid being stopped, inspected or subject to detention by law enforcement when crossing state boundaries.

“At this time, USDA recommends that transporters carry a copy of the producer’s license or authorization, as well as any other information the governing state or Indian tribe recommends or requires that will validate that the transporter is transporting legally grown hemp,” USDA’s Agricultural Marketing Service said in a Jan. 19 Federal Register post. “USDA is not adding transportation paperwork requirements to this rule because it does not have jurisdiction over common carriers or other types of transporters.”

In lieu of any formal guidance, USDA encouraged producers of hemp and carriers providing hemp transportation services to provide copies of the U.S. Drug Enforcement Agency laboratory testing report to show the hemp is legal, a hemp grower license, invoice or bill of lading, and contact information of the load’s buyer and seller.

The interim rule, published in the Federal Register in October 2019, established a domestic hemp production program authorized by the Agriculture Improvement Act of 2018, signed into law in December 2018.

The law and final rule make clear that motor carriers can legally transport hemp, a member of the cannabis plant family, but only if it is absent high levels of THC, or tetrahydrocannabinol, the compound that gives pot its high. Cannabis with a THC level exceeding 0.3% is considered marijuana, which remains classified as a Schedule I controlled substance regulated by DEA.

Legislators are debating whether or not to pass a bill that will increase the amount of marijuana that can be possessed, from 10 grams to 1 ounce.
This states that a person in possession of less than 1 ounce of marijuana, will not face criminal charges, but a civil offense.

The debate about marijuana has been on-going for years, and with some delegates coming into office who state officials say, are more progressive and this bill could have a chance to pass.

However Maryland delegate, Wayne Hartman, representing District 38 says, one of the biggest concerns that comes with allowing someone to have a larger amount of marijuana is  impaired driving, and less productivity among people who use marijuana.

“It’s just a matter of public for me overall, public safety safety I think it’s a huge public safety factor and just societal issue and productivity and all those types of things,” says Del. Hartman. “All those issues, every little bit keeps adding up and at what point is enough enough, and I think we need to stand our ground on it.”

For now nothing is official but this bill go into effect as early as October 1st. If you are found in possession of more than the legal amount of marijuana, it is considered a civil offense and you can face a fine of up to $1,000.

There is now a much clearer roadmap towards conducting legal cannabis-related activities in Mexico.

In our last post, we alerted you on the publication of the new Regulations on Sanitary Control for the Production, Research and Medical Use of Cannabis and Its Pharmacological Derivatives (the “Medical Regulations”). In this post, we provide an overview of what the Medical Regulations will address and what it potentially means to your business.

As expected, the Medical Regulations deal with the control, promotion and sanitary supervision of raw materials, pharmacological derivatives and medicines. Regulated activities include:

Activities connected with all of the above will be authorized through licenses or permits, and the Regulations provide the requirements to obtain them. Among the activities that will be authorized officially for the first time are:

The regulations clarify that COFEPRIS (Federal Commission for the Protection against Sanitary Risks) will not be the only agency to deal with. Although COFEPRIS will remain the chief agency involved in cannabis-related applications, other agencies are also charged with interpreting and applying these Medical Regulations, along with issuing permits and licenses. All of this means added time and costs that companies have to factor into their business plans for Mexico.

In a downer for California’s legal marijuana industry, regulators say some highway billboards advertising such products must come down.

The state Bureau of Cannabis Control on Thursday ordered billboard companies to stop selling space for cannabis marketing and take down existing ads on roads that cross state borders. Previously, such ads were only banned within a 15-mile radius of the California border.

The new decision covers about three dozen state and interstate routes, including the heavily traveled US 101 in Los Angeles.

The advertisements can remain on highways that lie entirely within California borders.

The decision heeds a ruling by a judge in San Luis Obispo County that found interstate highway cannabis ads are illegal under Proposition 64. The voter-approved 2016 ballot measure legalized marijuana for adult recreational use and included restrictions on advertisements.

New Zealand police are putting an end to the annual practice of searching for cannabis grows using helicopters and planes, reportsStuff. 

The operation has reportedly been taking place for more than 20 years and costs upwards of $700,000 annually.

“With the increased harm in many communities arising from other drugs, particularly methamphetamine, a one-size-fits-all annual aerial national cannabis operation no longer represents the most appropriate deployment of police resources,” a police spokesperson told Stuff.

Police Minister Poto Williams was reportedly unaware of the change until she was reached by Stuffearlier this week.

“While this is an operational matter, I have asked for a full briefing as to the rationale behind this decision,” Williams said. 

The City of Oakland, California, continues to pave the way towards social and economic equity in the cannabis business. The city has launched a new million-dollar workforce development grant program. The program is designed to recruit, train, and employ citizens who have disproportionately and unjustly suffered from the War on Drugs. This includes people who have lived in overpoliced neighborhoods in Oakland for at least two years and have endured a cannabis conviction in Oakland. 

Oakland continues to smoke every other city in America in terms of social equity programs. Last fall, Oakland launched the first government-funded shared kitchen production workspace for social equity Cannabis entrepreneurs. The new Cannabis Equity Property Purchase Program earmarks $2 million of funding for cannabis business equity applicants to purchase a property leveraged by multiple equity applicants.

This support is critical, especially in the Bay Area, where real estate prices are notoriously high. Removing this huge financial barrier to entry helps entrepreneurs from disadvantaged backgrounds enter the industry and build community equity and generational wealth.

Gregory Minor, Oakland's Assistant to the City Administrator, says the programs "were the products of listening to cannabis operators and equity advocates, and they are based on the 2017 race and equity analysis of the cannabis industry in Oakland that established an equitable approach to regulating cannabis in Oakland."

Righting the wrongs of history

Funding for these programs comes from a statewide California program that earmarked $20 million to support cannabis equity programs. Black and Brown people, who were the most targeted by the War on Drugs, made up 64 percent of the 1,000 plus felony-level marijuana arrests in California in 2019. The quest for equitable inclusion in the legal cannabis economy is still very much an uphill battle for most of America's cannabis industry. In New Jersey, lawmakers are currently hitting a familiar stumbling block, figuring out pragmatic ways to include and empower social equity entrepreneurs and employees. Disagreements about how to implement social equity programs are responsible for delaying the opening of what will become one of the nation's largest adult-use cannabis markets.

Many people might not think of Texas as a state where marijuana legalization is possible. But the state's changing demographics have led to at least the potential for changes in cannabis laws.

There's also plenty of money involved. As data from other states attest, the legalization of marijuana paves the way for entrepreneurial opportunities, job creation, and increased tax revenue to go to projects that improve communities and support those most impacted by the War on Drugs.

Lawmakers have filed about two dozen marijuana-related bills have in the Lone Star State, according to cannabis advocacy organization NORML. They include proposals to expand the state's medical marijuana program, increase the amount of THC the state allows in cannabis products, and legalize adult-use cannabis.

Few expect adult-use legalization to become law in Texas, but there is strong backing for legislation in the other two areas.

Some Texans want to give more people access to medical marijuana.

Texas has one of the most restrictive medical marijuana programs in the country. The state currently ranks in the bottom tier of states to allow access to cannabis for medical treatment. 

Some changes could be coming to how North Dakota regulates hemp.

The law requires the state to sample and test hemp products.

Under House Bill 1045, the state will now be able to charge a fee for that testing.

The bill will also allow North Dakota labs to be considered for the procurement process instead of those samples being shipped to the lowest bidder in the country.

Agriculture Commissioner Doug Goehring said the changes are more in line with what the federal law states.

Contenders span the country, from the Northeast to the Southwest as well as some of America’s more conservative states. 

American cannabis reform momentum could propel several states to pass legislation this year. Last year saw five states pass ballot initiatives, emboldening the belief that more reform efforts are on the horizon this year.

Violet Cavendish, communications manager at the Marijuana Policy Project, said that 2020 was another banner year for the reform movement. She added, “The clean sweep of state-level legalization victories in November reflects that this is a policy that Americans are in favor of, regardless of political affiliation.”

Several states are already lining up to be part of the cannabis reform class of 2021. The possible contenders span the country, from the Northeast to the Southwest as well as some of America’s more conservative states. 

Adult Use Is In Play For Virtually The Entire Northeast And New England

Practically the entire eastern portion of the U.S. is in play this year. Despite its current legislative struggles, numerous sources consider New Jersey’s passed ballot initiative to signal the remaining Northeast holdouts to enact legislation. Even as it is held up by state lawmakers once again, neighboring states seem to see the writing on the wall. 

As states report cannabis sales numbers for 2020, record highs continue across the country. It’s become a billion-dollar business for several states, blowing out levels that states had estimated when originally planning legalization.

Billion Dollar Club

Colorado

The Colorado Department of Revenue reported that cannabis sales in the state passed $2 billion in sales from January – November 2020. Plus, December hasn’t even been added to the total sales figures. Despite the pandemic, the state has continued to break records. Steve Lopez, CEO, The Green Solution (Colorado) said, “With over $2 billion in sales from January through November 2020, we’re continuing to see Colorado break sales records through the pandemic. We debuted over 50 self-serve kiosks at our 21 retail locations across the state last year, and credit high sales to the innovation and creativity in our industry, as well as the measures we’ve implemented to prioritize staff and customer safety.”

Massachusetts

Adult-use cannabis retailers in Massachusetts have now tallied more than $1 billion in gross sales, according to information reported in the state’s mandatory seed-to-sale tracking system, the Cannabis Control Commission. At the close of business on October 30,  the aggregate data reported in Metrc by 80 retailers reached $1,000,521,905. What makes this even more impressive is that the state program is basically only two years old.

A bill that would legalize the recreational use of marijuana in Virginia and set the framework the potential billion-dollar industry got its first hearing before state lawmakers Tuesday morning.

Governor Ralph Northam (D) has publicly backed the effort, which as currently written would allow sales to those 21 and older starting in January 2023.

Although many lawmakers and activists expect the legislation to pass this year, what the regulatory framework looks like will be hotly debated in the weeks to come.

Though SB 1406 is far from a finished product, the measure sponsored by state Senators Louise Lucas, Adam Ebbin, and Joe Morrissey, all Democrats, includes several broad reaching provisions currently:

You can read the full bill as it is currently constructed here.

“Our neighboring states have made efforts to address unjust marijuana laws, and it’s time for us to do the same,” said Senator Karen Tallian.

It has been said that Indiana will be one of the last states to legalize marijuana. The state is run by a bunch of holy-rolling Republicans who believe weed is the root of all evil. And they just can’t seem to wrap their heads around marijuana being good for the people and the state’s economy. 

Therefore, as long as the ultra-conservative beast continues to bed down in the Capitol, weed isn’t going to make any headway. However, some state lawmakers plan to hold the anti-pot goons accountable in the next session. They aren’t asking for full-blown legalization — like neighboring Illinois and Michigan — just the elimination of criminal penalties for those caught in possession. 

Indiana Senator Karen Tallian recently introduced legislation aimed at decriminalizing marijuana statewide. The bill, which is similar to others she’s supported over the years, would allow those caught in possession of up to two ounces to be dealt with through a ticket rather than the criminal justice system.

As it stands, Hoosiers caught in possession of any amount of cannabis can be convicted of a misdemeanor, punishable with up to 180 days in jail and fines reaching $1,000. If they have as much weed as Tallian believes should be decriminalized, they can be slapped with a level 6 felony and do as many as two and a half years in jail and pay up to a $10,000 fine.