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An advisory group is recommending new taxes on marijuana sales to raise millions of dollars that would be used to improve diversity and help disadvantaged groups succeed in the industry.

Data collected by the Michigan Marijuana Regulatory Agency in December show that only 3.8% of those with an ownership interest in licensed recreational marijuana businesses in Michigan are Black and only 1.5% are Hispanic or Latino, according to an agency report

The voter-approved Michigan Regulation and Taxation of Marijuana Act of 2018 directed the agency to create a plan to "promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities."

The agency's Racial Equity Advisory Workgroup released its recommendations Tuesday aimed at improving access to capital for Black and brown businesses, along with technical, educational and other forms of assistance. Implementing some recommendations would require action by the Legislature.

The agency "is committed to making Michigan the model agency in the country, including being a leader on diversity, equity and inclusion in the marijuana industry," the report said.

New York Gov. Andrew Cuomo, facing a huge budget deficit, rolled out a plan to legalize marijuana for adult recreational use in 2021.

The plan includes using tax revenue to help fill the state's nearly $4 billion budget gap for the next fiscal year. However, the CEO of the National Cannabis Industry Association told FOX Business that it could go up in smoke if taxes are too high.

“We definitely want to make sure that taxes are not so prohibitive that it pushes the market back underground,” Aaron Smith told Kristina Partsinevelos. “I hope that we can come to a place where it’s taxed in a manner that it’s somewhat similar to alcohol.”

Cuomo, during his State of the State last week, said the industry will eventually lead to 60,000 new jobs, $3.5 billion in economic activity, and $300 million in tax revenue.

While efforts to legalize recreational cannabis nationally have stalled in the United States, New Zealand, Mexico and Israel, Canada's legal market continues to evolve.

Health Canada has recently been receiving suggestions for revising its cannabis product regulations. Now it must decide what changes to make.

One priority should be giving producers more packaging and labeling flexibility. This could help businesses build their reputations and help consumers find suitable products. It would also better support federal cannabis policy, as existing rules inadvertently encourage higher potency while sidelining other aspects of quality.

Restrictive rules

Current packaging regulations restrict each cannabis container to a single non-fluorescent color. It cannot have any photos or images beyond one small brand logo.

With 2017 legislation, Argentina joined the growing number of South American countries to relax cannabis laws. At the end of 2020, that legislation was expanded, and now finally, Argentina allows cannabis self-cultivation for medical use.

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Cannabis in Argentina

Cannabis is not legal for recreational use in Argentina, but small amounts of it were decriminalized back in 2009. In the Arriola decision, which was the result of a court case arising from the arrest of five men, the court determined that small amounts of drugs meant for personal use, that won’t affect or cause harm to anyone else, and which pose no threat of danger, are decriminalized. There is no official amount set for personal use, meaning law enforcement and judges must use their own discretion per case.

Much like Mexico and South Africa, which each have constitutional rulings related to cannabis and the right of an individual to live life as they see fit without intrusion from the government, Argentina’s court ruled that “Each adult is free to make lifestyle decisions without the intervention of the state.” The decision was also meant to encourage law enforcement money to be spent on bigger cases, while leaving small-time users to enter treatment programs instead.

Cannabis trafficking is illegal in Argentina and can incur a penalty of 4-15 years in prison. It’s illegal for residents to grow marijuana for commercial purposes.

Last week, our neighbor to the South took a significant step forward in cannabis reform, when Mexico’s health ministry published rules regulating the use of medicinal cannabis. This will hopefully be the first of many major cannabis reform measures in Mexico this year. 

The Mexican government issued regulations on their three-year-old medical marijuana program. This is different from the adult-use legislation currently being discussed in the Mexican Chamber of Deputies - the lower house. The April 2021 deadline for legislation legalizing recreational cannabis use still holds. 

In 2017, former Mexican President Enrique Peña Nieto issued a mandate to move forward with medical marijuana legalization. That legislation created a void as there were no regulations to go along with it. In 2019, the Mexican Supreme Court mandated that the Regulatory Agencies create medical marijuana rules. 

While these regulations are three years overdue, they’re fairly straightforward. The primary focus is on cannabis cultivation both for research and for the manufacture of pharmaceutical or pharmacological products. The legislation allows for public and private research, and it provides quality control measures, including good manufacturing practices. 

I spoke with Aurelius Data’s Julie Armstrong who’s excited about the fact that this process requires institutionalized medical data going forward. Mexicans seeking permits for the cultivation of cannabis for medical purposes will need to register with the National Service for Agrifood Health and Quality (SENASA). This will ultimately create a national registry of cultivators.

The U.S. Department of Agriculture (USDA) today announced the final rule regulating the production of hemp in the United States. The final rule incorporates modifications to regulations established under the interim final rule (IFR) published in October 2019. The modifications are based on public comments following the publication of the IFR and lessons learned during the 2020 growing season. The final rule is available for viewing in the Federal Register and will be effective on March 22, 2021.

“With the publication of this final rule, USDA brings to a close a full and transparent rule-making process that started with a hemp listening session in March 2019,” said USDA Marketing and Regulatory Programs Under Secretary Greg Ibach. “USDA staff have taken the information you have provided through three comment periods and from your experiences over a growing season to develop regulations that meet Congressional intent while providing a fair, consistent, science-based process for states, tribes, and individual producers. USDA staff will continue to conduct education and outreach to help industry achieve compliance with the requirements.”

Shawn Hauser, partner and chair of the Hemp and Cannabinoids Department at Vicente Sederberg LLP said, “The transition from prohibition to a legal and regulated system takes time, and USDA’s final rule is a historic step forward for hemp in the U.S.  Many are justifiably disappointed by the DEA’s continued (and in some ways expanded) role in the agricultural hemp program, but there were also a number of positive improvements. The expanded harvest window, alternative disposal/remediation authorizations, and increase of the standard of negligence to 1% will be critical to building a successful hemp industry, and they indicate the USDA gave meaningful consideration to stakeholder’s comments. We are undoubtedly making progress, and we will continue to work with regulators and through Congress to perfect the regulatory structure for hemp.”

Key provisions of the final rule include licensing requirements; recordkeeping requirements for maintaining information about the land where hemp is produced; procedures for testing the THC concentration levels for hemp; procedures for disposing of non-compliant plants; compliance provisions; and procedures for handling violations.

The year 2,020 has already ended and Costa Ricans continue to wait for strong answers, due to the pending approval of the bill to legalize the production of Cannabis and Hemp in the country.

These have been difficult days with the COVID-19 Pandemic around the world, where all sectors, mainly the agroproductive, have been affected. The adaptation process has been fundamental, in the case of Costa Rica, the institutions linked to this area have strengthened ties with strategic allies to prevent agricultural production from stopping.

Research has been carried out in favor of the innovation of cutting-edge technologies for agricultural production, this is where the Minister of Agriculture and Livestock (MAG), Renato Alvarado, emphasizes the valuations of different materials of industrial cannabis, with regards to the perspective for the legalization of the crop in the country.

Take into account that the Environment Commission of the Legislative Assembly of Costa Rica (CR), in the course of the year 2020, approved the substitute text of the legislative project “Law of Cannabis for medicinal and therapeutic use and of Hemp for food and industrial purposes”.

All the changes were oriented towards the simplification of procedures, the requirements, and formalities for home cultivation for some patients, the granting of incentives to the activity, the definition of requirements for obtaining licenses, as well as a special tax for said activity. Therefore, bill number 21,388 establishes that -the domestic cultivation of Cannabis plants- is regulated.

Adults in Virginia will be able to legally purchase marijuana for recreational use in two years, under a proposal unveiled Wednesday by the governor of the commonwealth.

Under the proposal offered up by Virginia Gov. Ralph Northam, according to local television station WRIC, adults aged 21 years and older would be able to purchase pot as of January 1, 2023. 

Citing a spokesperson for the governor, the station reported that sales of recreational pot would not begin until that day, but implementation “would have a quick timeline of roughly 20 to 22 months after the bill is passed.”

Moreover, WRIC reported that the governor’s proposal “would put limits on possession, no more than an ounce of “marijuana plant material,” and on the concentration of businesses.”

Northam is expected to elaborate further on the proposal during his State of the State address on Wednesday in that capital city of Richmond.

A significant marijuana growing operation was found in Belchertown this week where police officers found hundreds of marijuana plants that violated the legal limit for growing marijuana at home. 

The Belchertown Fire Department received a call of a possible house fire and when they arrived at the home on West Street they noticed a significant growing operation allegedly run by two men from out of state. 

In Massachusetts, marijuana can be legally smoked and possessed but when it comes to growing the plant, there’s a legal limit. A limit that was well surpassed when Belchertown police and fire discovered a growing operation of more than 800 marijuana plants inside a Belchertown home on Monday night. 

It is allowed to have six plants per person with a max of 12 in a household, so if there are two people living in a house they can have 12 plants but if you go above that it’s illegal.

Police arrested two men who were involved in the operation, both men are from Brooklyn, New York. In addition to the plants, police seized $2,500 in cash and a significant amount of growing equipment that covered the whole house. 

Lawmakers can’t agree on tax revenue, how it should be allotted, or how to set up an industry that creates a level playing field for all.

New York Governor Andrew Cuomo has promised again that marijuana legalization is coming. However, because of how the legislative grind works in the real world, he might have to storm the state capitol to get it done.

There’s still a wealth of challenges ahead before New York agrees on how legal marijuana should look. And while it might be a bit of a stretch to suggest that Cuomo will have to launch a reign of terror to shake some sense into lawmakers who continue to sabotage progress, there’s no doubt that he will need to get creative to see it through.

Governor Cuomo used his annual state of the state address earlier this week to double down on his dedication to creating a taxed and regulated cannabis market. He’s confident that 2021 will be the year that it goes all the way. “We will legalize adult-use recreational cannabis, joining 15 other states who’ve already done so,” he said. “This will raise revenue and will end the over-criminalization of this product that has left so many communities of color over-policed and over-incarcerated.” 

It was just three years ago that Cuomo believed marijuana was a “gateway drug.” He was also very dismissive about any efforts to legitimize the plant. But after a study commissioned by his own administration found that ending prohibition could generate hundreds of millions of dollars and promote a new level of social justice, he bought in.

A California cannabis industry executive is calling on President Donald Trump to use his executive power in the waning days of his presidency by issuing a pardon to a nonviolent cannabis offender. Kyle Kazan, the CEO of vertically-integrated cannabis company Glass House Group, issued the plea for clemency for Parker Coleman, Jr. in an open letter to the president.

“While there are many thousands of people whose lives are wasting away in federal prison hoping for a miracle, I would like to bring one such person to your attention who is deserving of another courageous act, Parker Coleman,” Kazan wrote to Trump. “Mr. President, you have the power to end injustice through the stroke of your pen.”

Coleman has been in custody since 2010, when he was arrested by federal authorities in North Carolina and charged with marijuana trafficking and money laundering. Upon conviction, he was sentenced to 30 years in federal prison in 2013. An additional 30 years was added to the sentence because two firearms were discovered in the vehicle he was in during the arrest of Coleman, who had prior felony convictions. He is currently serving his sentence at a federal prison in Beaumont, Texas.

Pot CEO Appeals To The President

In a virtual interview with High Times, Kazan said that clemency for Coleman is appropriate in light of the nation’s evolving attitudes toward cannabis.

“As the American public strongly supports legalizing, decriminalizing, and expunging marijuana convictions (one of the very few things that the U.S. populace is in significant agreement with), it boggles the mind that Mr. Coleman is serving a 60-year sentence,” he wrote.

The French parliament will launch an online questionnaire today to better understand public opinion towards recreational cannabis use.

The questionnaire, which will have five or six questions, will be available on the Assemblée nationale website for around one month.

MP for Essonne and leader of the project, Robin Reda, told AFP that a report detailing the results would be available towards the end of March or beginning of April. 

He said: “The goal is to inform debate as much as possible. The success of the survey will depend on the largest number of people possible participating.” 

Government inquiries into medical marijuana

The parliamentary group behind the project will also give conclusions on its studies into the use of medical marijuana (including products such as cannabidiol and CBD) in mid-February. 

With newly installed Democratic supermajorities in both houses of the state legislature and a governor who has signaled his unequivocal support this week, many believe it is a foregone conclusion that New York will finally join other states in responsibly regulating marijuana use this year. That’s welcome news, and it’s long overdue. But it’s also abundantly clear that getting it done is not the same as getting it right.

As lobbyists, activists and lawmakers haggle over competing proposals to establish legal marijuana access for adults, there are several non-negotiable tenets that must be included in any legislative deal. Chief among them is the abiding principle that New York's marijuana legalization package must be laser-focused on putting impacted communities first.

First and foremost, adult use marijuana regulation must address the harms wrought by the decades-long war on drugs. Treating this as an issue of both economic and criminal justice reform, New York must use any legalization proposal as a vehicle to right the wrongs of the past and build the foundations for a more equitable future. This means not only ending housing and employment discrimination for communities devastated after years of criminalization and racist enforcement, but also the critical step of allowing re-sentencing for individuals with marijuana convictions. It’s also time for the state to remove a positive marijuana test as the sole factor determining a parole or probation violation, as New York City has already done.

New York's marijuana regulation law must ensure the newly created industry is both equitable and diverse. One benefit of not being the first state to end marijuana prohibition is that we have a much clearer sense of which programs have worked well and which ones have fallen short in other states. Adopting and building upon the best practices of other jurisdictions, New York can lead the way by establishing a licensing structure that prioritizes small businesses, co-operatives, and family-scale farms, not giant corporations focused primarily on profits. In addition, a social equity program that is funded from day one is essential in order to generate economic opportunity by offering priority licenses to communities disproportionately hurt by the drug war.

A state senator introduced a proposed amendment to the Nebraska Constitution on Thursday that would legalize marijuana for adults 21 and older. If advanced by the Nebraska Legislature, the proposed amendment from state Sen. Justin Wayne of Omaha would appear on the ballot in 2022.

Under Legislative Resolution 2CA, voters would decide on a proposed amendment to the state constitution in next year’s general election in November. The amendment would legalize marijuana for all adults age 21 and older and require state lawmakers to enact legislation governing the “cultivation, manufacture, distribution, consumption, and sale of cannabis in any form” by October 1, 2023.

2020 Ballot Initiative Nixed By State Supreme Court

The proposed amendment comes following an unsuccessful bid by activists to legalize medical marijuana last year with the Nebraska Medical Cannabis Constitutional Amendment (NMCCA). Supporters of the ballot measure submitted more than 182,000 signatures in July, and the following month Nebraska Secretary of State Bob Evnen announced that the measure had garnered enough signatures to qualify for a vote and certified the initiative for the November 2020 general election ballot.

However, that decision was challenged by Lancaster County Sheriff Terry Wagner, who filed a lawsuit to block the initiative from appearing on the ballot on the grounds that it contained misleading language and violated a rule limiting initiatives to one subject. The challenge was upheld by a vote of 5 to 2 by the Nebraska Supreme Court, which ruled that provisions that provided for retail sales, home cultivation, and other issues were not sufficiently connected to legalizing the medicinal use of cannabis.

“If voters are to intelligently adopt a State policy with regard to medicinal cannabis use, they must first be allowed to decide that issue alone, unencumbered by other subjects,” the court wrote in its conclusion. “As proposed, the NMCCA contains more than one subject—by our count, it contains at least eight subjects.”

Five years after Texas legalized medical marijuana for people with debilitating illnesses, advocates and industry experts say the state's strict rules, red tape and burdensome barriers to entry have left the program largely inaccessible to those it was intended to help.

But with a new legislative session gaveling in next month, some Texas lawmakers see an opportunity to fix the state's medical cannabis program - known as the Compassionate Use Program - by further expanding eligibility and loosening some restrictions so Texas' laws more closely resemble those of other states that allow the treatment.

There are 3,519 Texans registered with the state to use medical marijuana, though advocates say 2 million people are eligible based on current law.

Texas' program pales in overall participation and scope compared with other states: It has fewer enrolled patients and businesses than most other states with medical marijuana programs. At least some form of medical marijuana is legal in 47 states nationwide, but Texas' restrictions put it in the bottom 11 in terms of accessibility, according to the National Conference of State Legislatures.

"We're pretty dang close to the bottom. We're pretty far behind," said state Sen. José Menéndez, D-San Antonio, referring to how access to Texas' medical marijuana program fares compared with other states. Menéndez will push legislation in the next session to further expand the program.