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The South may be quietly adjusting to the new legalization landscape. But for now, the good ol’ white guys prevail, and Christians have righteous morality straight from the Bible on their side.

As of the November elections, there are now 15 states and the District of Columbia who have legalized adult use. There are some 36 states that enacted or voted to enact medical marijuana laws.

In the years leading up to this November, voters decided affirmatively on 28 separate ballot measures legalizing cannabis (18 measures legalizing medical marijuana, 10 measures legalizing adult use), according to National Organization for the Reform of Marijuana Laws (NORML).

This amazing progress in the U.S. began with a soundly defeated voter initiative on November 7, 1972 in California, finally leading to legalization of medical marijuana in California in 1996.

The 2020 legalization progress in the U.S. comes as Mexico joins Canada to completely legalize medical and adult-use marijuana.

The New Year's Day deadline until New Jersey's constitutional amendment authorizing recreational marijuana takes effect is fast approaching, along with the final scheduled legislative voting session of the year.

But New Jersey's Democratic-led Legislature finds itself at an impasse over measures decriminalizing marijuana and, until late Friday, also setting up the new recreational marketplace.

Democratic Gov. Phil Murphy and legislators said they reached an agreement on setting up the marketplace, but didn't disclose details on Friday.

Lawmakers and lobbyists express cautious confidence that the measures will move forward, but the logjam comes even though the top two legislative leaders and Democratic Gov. Phil Murphy largely agree on how to move forward more than a year after the trio announced their support for legalization.

Legislators have penciled in Dec. 17 for the final voting sessions of the year. On Jan. 1, the amendment that passed with support from two-thirds of the voters takes effect.

There’s a renewed push to legalize medical and recreational marijuana in Nebraska, lawmakers say they plan to obtain 250,000 total signatures to get both medical initiatives on the ballot in 2022.

Nebraska voters are already weighing the pros and cons to both proposals.

“There's a negative propaganda about it and I think... people should look deeper into it,” said Nick Hancke. “There’s a positive aspect to it than what’s been said about it.”

“I think everything has its limitations,” said Princess Brown. “So as long as it’s not something that is going to be abused, which we all know people do that, I do think it would be beneficial.”

Nebraska State Senator Adam Morfeld said many voters are on board with medical and recreational marijuana, so that is why he’s pushing to legal both.

As a matter of federal law, yes, cannabis will be descheduled entirely if the MORE Act becomes law. And not only that, but all federal marijuana convictions will be expunged

We have spilled a good bit of ink on this blog writing about the MORE Act (Marijuana Opportunity and Expungement Act) which is finally headed to a floor vote in the House, probably tomorrow, December 3. The MORE Act ends federal marijuana prohibition and the criminalization of cannabis by descheduling marijuana from the Controlled Substances Act (CSA).

That would be great, of course. Assuming the House version (HR 3884) passes, it will be crucial for the Senate version (S 2227), sponsored by Vice-President-Elect Kamala Harris, to also see daylight in the upper chamber. My guess is it won’t, unless both Democratic candidates prevail in the Georgia runoffs this January, resulting in Mitch McConnell’s replacement as Senate Majority Leader.

But that’s a question for another day. For now, I want to highlight what would happen if the MORE Act does become law someday soon, because I’m seeing some bad information out there. The biggest point of confusion seems to be the idea that if the MORE Act passes, cannabis will become legal nationwide. It won’t. As a matter of federal law, yes, cannabis will be descheduled entirely. And not only that, but all federal marijuana convictions will be expunged — even the folks who were captured with many tons of cannabis in helicopters and submarines. But state laws will not be preempted in the least.

Does this mean someone could still be arrested for walking around with an ounce of cannabis in e.g. Boise, Idaho, the day after the MORE Act becomes federal law? Yes it does! And that’s a shame, because most cannabis arrests today are for simple possession, and most are made under state laws and by state police.

Just when we thought election season was over, supporters of marijuana legalization are gearing up for one last major fight of the season. That is because the last hope for full cannabis legalization at the federal level fully depends on the outcome of two special elections for U.S. Senate in Georgia on January 3, 2021. 

Simply put, if the Democratic candidates win both of these seats, flipping control of the U.S. Senate to the Democrats, legalization supporters will have their best opportunity to end the decades long disastrous policy of cannabis prohibition. A Republican victory in either one of these elections means there is little to no chance of federal legalization until at least 2023, and likely much longer. After all, the party in control of the White House typically loses seats in Congress in midterm elections, making the prospects of unified Democratic government after the 2022 elections narrow at best. 

Democratic U.S. Senate candidate Jon Ossoff of Georgia speaks to supporters during a rally on ... [+]

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It is worth saying that it shouldn’t have to be this way. Marijuana legalization is not a heavily partisan issue. It enjoys widespread support nationwide, with the most recent Gallup poll finding 68% of Americans support legalizing marijuana for adults, including 48% of Republicans and 49% of self-identified conservatives. In this past election, legalization was passed by voters in every state where it was on the ballot, all by convincing margins. This included win tallies of 54% in deep red South Dakota, 57% in conservative Montana, and a whopping 60% in now purple Arizona. 

This week the U.S. House of Representatives is expected to vote on a bill that would remove marijuana from the Controlled Substances Act and require federal courts to expunge many prior marijuana offenses. It will be the first time the full House will vote on ending the federal prohibition of cannabis.

Morgan Fox with the National Cannabis Industry Association says House passage would “send a really strong message to not only the rest of Congress, but to a lot of other states that the time to end prohibition has come.”

The Marijuana Opportunity Reinvestment and Expungement Act (MORE Act), introduced by Rep. Jerry Nadler (D., N.Y.), would eliminate conflict between state and federal law and allow states to set their own marijuana policies.

“We don't need to have one size fits all. We just need to get rid of prohibition and then let the states do what the states are doing. It's essentially what the states have done already. They haven’t waited for the federal government, which is why we have a lot of these discrepancies and challenges,” said Rep. Earl Blumenauer (D., Ore.), who has long pushed for marijuana legalization.

Jars of marijuana are seen on display at Montana Advanced Caregivers, a medical marijuana dispensary, Nov. 11, 2020, in Billings, Mont. Recreational marijuana initiatives passed in four states this year, from liberal New Jersey to conservative Montana and South Dakota. Advocates' next goal is to get marijuana removed from a federal list of illegal drugs with no accepted medical use and high potential for abuse. (AP Photo/Matthew Brown)

Cannabis is a wildly resilient and adaptable plant. It’s been grown and harvested for more than 4,000 years, migrating along ancient trade routes from southeast Asia through Africa and the Middle East, crossing oceans to reach the Americas and points in between. Today, we are just beginning to apply scientific methods to better understand the nature of the cannabis plant itself. The complex interplay of environment, farming techniques, and genetics allow us to coax and nurture various attributes out of each variety gently. 

But moving forward starts with looking back and understanding what grows well, where it grows well, and why. Doing so represents not just the future of cannabis farming but also the future and viability of our planet to sustain us.

The homegrown science of cannabis

Agricultural scientists are hamstrung by cannabis’ storied history. The plant was underappreciated by European power-brokers who considered it a poor man's tobacco only used by marginalized racial groups. This racist perspective led to the criminalization of cannabis in the United States and around the world.  As a result, generations of cannabis farmers, operating outside the norms of agricultural science, organically established the foundations of cannabis science, developing cultivation techniques and naturally selecting and enhancing certain plant traits and qualities. 

Left to their own devices, these early pioneers also created legacies that we are now working hard to unravel. For example, there is no standardized naming taxonomy for cannabis beyond the basic genus and species classifications: cannabis indica, cannabis sativa, cannabis ruderalis. The reality is there are few true cannabis species in modern cultivation. Most of the cultivated cannabis strains are complex poly-hybrids developed by farmers selecting for specific properties, mostly optimizing their strains' THC properties.

For the past 50 years, growers have tinkered with the cannabis plant, creating more powerful and potent flowers. In the 1970s, one could expect THC content of 4 to 6 percent of the dry flower's total weight. By the 1980s and 90s, THC content had almost tripled to 15 percent. Today’s specialized strains now boast a THC content of nearly 25 percent. 

The Department of Agriculture Monday announced the expansion of the pilot Multi-Peril Crop Insurance plan for hemp. The expansion and other improvements to the plan, will begin in the 2021 crop year.

USDA Risk Management Agency Administrator Martin Barbre says, “Hemp offers exciting economic opportunities for our nation’s farmers, and we are listening and responding to their risk management needs.”

The program expansion allows for additional states and specific counties to be included in the program. The changes also allow broker contracts for hemp grain and adjust program reporting and billing dates. Sales closing, cancellation, production reporting and termination dates were adjusted to match dates of similar crops.

Meanwhile, USDA adjusted Acreage Reporting Dates based on regional final planting dates. The premium billing dates for all states changed to August 15.

For more information on USDA risk management programs for hemp producers, they are encouraged to visit farmers.gov/hemp.

Marijuana Measures Fall Short of Providing Free Development of Personality 

The crux of Rivera and his team’s demands are simple: to ensure the right to freely develop one’s personality, on equal terms as tobacco and alcohol. To do that, you need to end prohibition and discrimination in the system. . In my interview with him, Rivera describes how the lack of free homegrown cultivation suggests these new laws are meant to support a big business instead of all of Mexico’s citizens who are asking for non profit cultivation that is free from unjustified limitations of differentiated treatment before the law.

Furthermore, Rivera adds that since possession isn’t “free” and requires one to have purchased their cannabis instead of being able to carry cannabis grown at home, that these measures are actually discriminatory. Finally, the measure completely lacks any and all efforts to provide reparations for those marginalized communities deeply affected by the drug war to begin with. In Rivera’s words, the government is simply “changing the address of prohibition”–and this simply isn’t enough.

November was a huge month at the ballot box for marijuana legalization as voters in multiple states approved new medical and recreational measures. In Mississippi and South Dakota, voters overwhelmingly approved new medical marijuana laws – with Mississippi voters expressly rebuking their political leaders and endorsing an expansive decriminalization bill.

“Republican” officials in the Magnolia State had advocated on behalf of a far more restrictive medical marijuana bill – demeaning proponents of the broader proposal as “stoners.”

“Most non-stoners say we should be careful and deliberate,” Mississippi governor Tate Reeves tweeted just days before the election, urging his state’s voters to reject what he called “the most liberal weed rules” in the nation.

Mississippians didn’t listen – with 73.7 percent of them embracing the more expansive decriminalization option.

Voters in South Dakota also approved the legal possession of marijuana by adults – as did voters in Arizona, Montana and New Jersey.

The United States will soon be sandwiched between two nations with federally legalized marijuana. Just days before the Thanksgiving holiday, Mexico moved forward with legislation legalizing the cannabis plant for a variety of uses.

This comes on the heels of Canada's historic legalization several years ago, which has created a viable international marketplace, channeling funds through the Canadian markets and effectively mobilizing the global cannabis industry.

When Canada legalized, the U.S. missed an opportunity to ensure that NASDAQ and the New York Stock Exchange would have a role in controlling the financial markets and dollars funneling into cannabis. This was expected since Jeff Sessions was in control of the Department of Justice (DOJ). We didn't necessarily have a pro-cannabis Administration under Trump and certainly not under the leadership of Senator Majority Leader Mitch McConnell, no friend to marijuana. Despite this, what are the implications for America doing business with partners directly to the north and south? 

At first, you might think none of this matters as the U.S. has legalized adult-use marijuana programs state-by-state. While this dispensary models still violates federal law, it has garnered bipartisan support from American politicians to prevent the DOJ from interfering with legal, state marijuana businesses. But the issue is much larger.

We’re talking about a global cannabis economy, with Mexico as the largest country in the world, by population, to legalize marijuana. Mexico will boast the biggest consumer market for cannabis products — with a population of more than 125 million people - representing an enormous leap forward for the developing international cannabis marketplace. 

Will Cannabis Reform Happen Before The New Year?

As the world of cannabis becomes more regulated having better cannabis reform in place is a must. During the election, Vice president-elect Karmala Harris made a promise to legalize cannabis on a federal level. Now that promise may come true in the near future. With that being said in the upcoming week a bill to federally legalize marijuana will be up for a vote. This bill is known as Marijuana Opportunity, Reinvestment, and Expungement or the (MORE) Act. Which was set to be voted on before the end of the year. The MORE Act would not only expunge past criminal records for those with cannabis charges it would remove marijuana completely from the list of federally controlled substances.

In addition to this, the MORE Act would also provide a tax on sales that would be reinvested into areas that were impacted most by the war on drugs. Which would be a big help to redevelop some of those communities. Federal legalization would be a long-overdue victory for those who have been on the frontlines of cannabis reform in America. During this time the MORE Act will go before the House Rules Committee for any changes the bill may need before making its way to the floor for a vote. House Majority Leader Steny Hoyer stated that this bill was supposed to be voted on back in September. However, due to certain political issues, this matter was postponed.

How Effective Will The MORE Act Be?

“I’ve been working on this issue longer than any politician in America and can confidently say that the MORE Act is the most comprehensive federal cannabis reform legislation in U.S. history,” Rep. Earl Blumenauer (D-OR) said in a press release. “Our vote to pass it next week will come after people in five very different states reaffirmed the strong bipartisan support to reform the failed cannabis prohibition. National support for federal cannabis legalization is at an all-time high and almost 99 percent of Americans will soon live in states with some form of legal cannabis.”

The health permanent secretary said the government plans to allow use of most parts of cannabis and hemp plants in food and cosmetics on Wednesday.

Kiattiphum Wongrajit said the Narcotics Control Committee resolved on Tuesday to exclude the leaves, branches, stems, trunks, bark, fibre and roots of cannabis and hemp from the government’s narcotics list.

This would not include shoots, including flowers, which have high drug content.

The Food and Drug Administration (FDA) would draft a new public health regulation to this  effect. The public health minister would then approve it and the new regulation would take effect when the Royal Gazette publishes it, he said.

Dr Kiattiphum said use of hemp seeds and seed extract, as well as cannabidiol (CBD) and tetrahydrocannabinol (THC), at a maximum 0.2% content, will also be included .

After one failed treatment after another, Sharlene Hernandez was at a dead end.

Her 10-year-old autistic son wasn't speaking, barley eating and would play with and spread his feces around the house. Nothing was helping her child.

Commissioners seem ready to close out a bumpy policy-setting process next week with a vote to adopt new regulations that would reshape the legal marijuana industry to include a home delivery aspect, but that decision could give way to a legal challenge in short order.

Through an attorney, some existing marijuana retailers recently threatened to sue the Cannabis Control Commission if it votes to adopt its latest set of industry rules on Monday, as is expected. Though the new regulations affect the entire marijuana industry, the provisions that would allow a new class of licensees to deliver marijuana to customers at home have drawn the most controversy.

"Put simply, the Commission's adoption and implementation of the Proposed Regulation would be in direct contravention of its own governing and enabling statute which clearly and unambiguously states that only Marijuana Retailers, as defined in the statute, are permitted to deliver cannabis products to consumers," Howard Cooper, an attorney with Todd & Weld LLP, wrote in the letter earlier this month.

Cooper added, "Given the clarity of the law here, please understand that our clients will have no choice but to challenge the Commission's Proposed Regulations in court if adopted. We write in hope of avoiding a legal dispute."

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As the old adage goes, if at first you don’t succeed, Try, try again. After suffering a close defeat in 2016, Arizona’s new recreational cannabis law passed with 60% of the vote on November 3, 2020. So, if you’re an entrepreneur or weed enthusiast, what happens next and what should you do to prepare for the coming opportunities in Arizona? In this post, we give a quick overview of what was passed in Arizona and some of important parts of the new law to consider, as well as a short checklist of issues to consider.

Although typically referred to as Proposition 207, the new law’s name is the Smart and Safe Arizona Act (“Act”). The new law legalizes the possession of certain amounts of marijuana for those 21 years of age and older. And, in some instances, those with prior (or pending) marijuana convictions can move to have their records expunged. Not a bad add-on!

Don’t forget that Arizona passed another initiative in 2010 that allows the use of marijuana for medical purposes, and that’s still good law too. So, now consumers and patients will both have access to marijuana products in Arizona, although certain differences will remain between those who have a medical “card” and those who are simply purchasing marijuana for their own pleasure. One example is the amount of cannabis an individual may legally have – those with medical cards will be able to own more cannabis than those who are using for recreational purposes only. Also, licensees may now be owned by for-profit, publicly held companies, as opposed to nonprofit entities only.

As part of the Act, Arizona will now allow producers and manufactures of marijuana products to have their products tested by independent, Arizona-based labs (and because labeling must be accurate, testing is imperative). This is a new and exciting opportunity for those interested in the sciences, marijuana and guarantying safe and effective products in the Arizona marketplace. Although start-up costs could be significant with procuring the necessary testing equipment, the potential profits may be worth the investment. There are a few incubators in the Phoenix area, which could be potential locations for start-up companies (depending upon space availability, zoning laws, etc.).

Those wishing to pursue a new license may have to wait a little bit. While there is an “early applicant” period (which runs from January 19, 2021 to March 9, 2021), it’s limited to entities currently licensed as medical dispensaries, with a few other exceptions. Once the early applicant period ends, the State will issue additional licenses on a random basis. There are caps in place for the number of new licenses that will be issued by Arizona, which are based on the number of pharmacies in any Arizona county.

We have a presumptive new Administration entering the White House in January, despite the fact that the current Administration continues to mount legal challenges concerning the sufficiency and legitimacy of the 2020 election. However, none of these legal strategies appear to be meritorious and most importantly none have proven to bear any fruit.

There appears to be a dearth of evidence to support these unfounded claims of fraudulent interference and systemic cheating during the 2020 election period. That said, we are destined for a Biden Administration come January 20, 2021. What does this mean for the cannabis industry?

Whenever an Administration transitions, there are enormous ramifications on a wide variety of issues. Certainly cannabis is one of those issues. What does a Biden Administration mean for the existing medical and recreational marijuana programs around the country? What does it mean for industrial hemp

Let's start with hemp.

The hemp industry and the farmers who grow the plant have enjoyed strong bipartisan support amongst policymakers in Washington D.C. for the past several years. Hemp is one of those policy issues that unites leaders across party and ideological lines. I would suggest very strongly that this is true for both the hemp and marijuana industry. These issues attract those from both sides of the aisle for a variety of reasons.