WeedLife News Network

While the Amy Coney Barrett appointment leans the court considerably conservative, it is unlikely to impact the ongoing Green Wave.

Justice Amy Coney Barrett’s Oct. 27 confirmation to the Supreme Court may feel like ages ago after a historic election season complicated by President Trump’s attempts to reverse the results.

Under a month into the role, Justice Barrett stands poised to weigh in on a myriad of pressing issues, including voting rights, the census and the fourth amendment.

Cannabis reform likely won’t be one of those matters, legal experts say.

A Conservative Court Unlikely To Impact Reform Efforts Much

While the Barrett appointment leans the court considerably conservative, it is unlikely to impact the ongoing Green Wave.

The state Office of Medical Cannabis is continuing to move forward with approving applications for medical marijuana businesses with hopes of having dispensaries open in the spring.

Officials earlier this month approved applications for medical cannabis processors, which will use the plants to create pills, creams and other products for medical use, as well as prepare the plants to be used in a dry leaf form.

“It will be a fairly labor-intensive process,” Office Director Jason Frame said. “They’re using chemical processes and physical processes to extract certain parts of these plants for medicinal use.

While the 10 approved processors have offices in West Virginia, some companies have experience in other areas.

“It makes it more likely to be successful in this line of work,” Frame noted. “Many of them do have experience in this profession in other states.”

The Court of Justice of the European Union has ruled member states must not prohibit the marketing of lawfully produced cannabidiol (CBD).

The case in question was in relation to a situation where parties produced hemp-derived CBD in the Czech Republic that was then imported into France for use in other products. Criminal proceedings were launched against the parties on the basis of a claim that French legislation only allows for the fibre and seeds of hemp to be put to commercial use.

The parties were sentenced to suspended terms of imprisonment of 18 and 15 months, along with EUR 10,000 fines – and appeals were subsequently lodged with the Court of Justice. One of the issues under the spotlight was the court questioned the conformity of French legislation with EU law where CBD is extracted from the whole plant and not just the fibre and seeds (which contain very little cannabidiol).

On this point, it seems the French legislation only applies to listed agricultural products – and unlike “raw” hemp, whole hemp plant derived CBD isn’t among them.

Also coming into play in the appeal was the restriction of trade between member states, which isn’t permitted unless there is a public health risk.

It’s always interesting when a new location breaks stride and changes laws. We saw it with Thailand in Asia, with Uruguay in South America, and with Lesotho in Africa. With ranging reasons as to why to open these industries, the Arab world has now put forth its own example. As of the spring, Lebanon legalized medical cannabis.

It would be untrue to say that Lebanon is the first Middle Eastern country to legalize cannabis in some form. It’s neighbor to the south, Israel, has been a central location for the study and cultivation of cannabis for decades, pushing through its own medical legalization originally back in the 1990’s. But Israel stands apart from its Arab neighbors when it comes to many beliefs and ideologies, so Lebanon’s entrance into the legal cannabis game is still very much a first for that part of the world.

A bit about Lebanon and cannabis policy

Cannabis is illegal in Lebanon to possess or use. There are no personal use laws so even small quantities are considered a criminal offense. Regulation of the system and punishment is done through the Narcotic Drugs and Psychoactive Substances Law 673, which states that any narcotic use without a medical prescription is subject to a prison sentence of three months to three years, along with a fine. Individuals are permitted a certain amount of leniency if not involved in the drug trade, and showing of generally good character.

Sale and supply crimes are illegal. Offenders found guilty of these crimes face heavier sentences than for possession and use, and do not qualify for any sort of leniency. Personal cultivation is also illegal, with no individual-use amount applicable. Cannabis seeds are not legal in Lebanon and cannot be bought, sold, or possessed.

When it comes to CBD, Lebanon makes no differentiation between the cannabis plant, and the individual parts, like cannabinoids CBD or THC. This makes CBD just as illegal as a standard marijuana plant, regardless of the lower THC content. For this reason, it is illegal to sell or use the oil in Lebanon, although the country’s recent medical legalization could certainly change how CBD is used there.

If conservative states like South Dakota and Mississippi are relaxing their marijuana policies, will politically purple North Carolina be far behind?

Legalization initiatives triumphed in elections across the country this month, and those hoping North Carolina will follow suit have tempered expectations. While they see promise in a notable endorsement from the state, they know marijuana laws don’t change easily in the Tar Heel State.

Last week, the N.C. Task Force for Racial Equity in Criminal Justice recommended decriminalizing possession for up to 1.5 ounces of marijuana.

The task force, created by Gov. Roy Cooper and led by the state’s top law enforcer, Attorney General Josh Stein, cited data showing North Carolinians of color are disproportionately arrested for marijuana possession.

Holding small amounts of weed would still be a civil offense, but charges would no longer appear on criminal records. The task force also suggested studying the effects of legalizing the drug altogether.

The USDA recently approved funding for the National Industrial Hemp Council ($200,000) through the Market Access Program (MAP) of its Foreign Agricultural Service. Namely, the funding is aimed at supporting the hemp export market for the US.

The National Industry Hemp Council (NIHC) is an advocacy group promoting the hemp industry’s development through marketing and networking resources. One of its many goals is to place the US as a key exporter and a major player on the global hemp scene. 

The organization’s Senior VP for Trade and Marketing, Kevin Latner, commented that they were grateful for USDA’s vote of confidence and naming the NIHC the industry leader of the industrial hemp sector.

Latner also added that this recent announcement made it clear that NIHC was a trusted partner of the USDA for hemp food, feed, and fiber, as well as CBD brands looking to expand overseas.

The grant is expected to reinforce hemp marketing activity overseas, which may include paying for marketing efforts, funding trade missions, and other promotional activities. 

If Joe Biden wants to keep his promise to be a President for all Americans, pushing for marijuana decriminalization or better yet, legalization is a good place to start.

Election Day 2020 is in the books and it appears that marijuana is the biggest winner of the 2020 election. Every marijuana-related initiative won. Joe Biden also won after running on the idea of healing a divided nation.

Marijuana legalization may be one of the few issues that Biden can use to garner support from both Republicans and Democrats, it was a perfect score. Here are the key results:

Photo by Fokusiert/Getty Images

According to a post-election Gallup poll, 68% of Americans support marijuana legalization. Here is how that support breaks down along party lines.

Soaps, deodorant, beard oil, pain relievers, lotion, hand sanitizer and an anti-anxiety tincture for pets.

The array of products Grant McCabe creates using oil extracted from hemp he grows on a Marlboro farm to sell in his Beacon shop, The Leaf, could soon have an imprimatur: New York-certified.

Last month, the state Department of Health unveiled proposed regulations governing how the plant is processed to extract cannabidiol oil (CBD) and other cannabinoid substances from its leaves and flowers. The proposals would set standards for products sold by retailers, including food and drinks.

But the regulations also would ban the sale of the smokable flower, or bud, of the plant, which retailers say is where they make most of their profits.

Although it’s part of the cannabis family, hemp is low in THC, the psychoactive ingredient in marijuana that produces its high. Demand has soared for products containing its substances, especially CBD, which marketers claim can alleviate a range of health problems, such as anxiety, post-traumatic stress disorder and pain.

The people of New Zealand just voted down a measure to legalize cannabis through a referendum. New Jersey just legalized it recreationally also through its own referendum. Germany didn’t put the question to its people, but last month the government of Germany rejected its recreational cannabis bill.

A little about Germany and cannabis

As per the title, recreational marijuana is not legal in Germany. In fact, possessing it at all can garner a person up to five years in prison according to the German Federal Narcotics Act, though conversely, it’s not technically illegal to use it, since there is no stated law against it. If caught with small amounts, offenders are usually put in a program over anything more serious, at least for first-time offenders. The term ‘small amount’ is not very well defined, though, and can mean anywhere from about 6-15 grams depending on where in Germany the possession takes place. Plus, the amount is judged by quantity and potency over actual weight, meaning the THC content helps define the amount in the end.

Sale and supply crimes are predictably illegal, and offenders can receive up to about five years in prison. This sentence goes up from 1-15 years depending on the circumstances of the case. Cultivation on a personal level is also illegal and garners the same punishment as sale and supply crimes.

In terms of CBD, while Germany already had been permitting it, the recent decision of the CJEU (Court of Justice of the European Union) in the case of France vs the EU, makes it that much more clear. EU standard has now been found to trump local member state laws when it comes to the import and export of CBD between member states. As per EU standards, Germany does not allow more than .2% THC in CBD oil preparations.

MEXICO, teleSUR – The Mexican Senate passed on Thursday a law that legalizes the consumption of cannabis for adults. This controversial and largely debated decision aims at regulating the practice in the country.

The Federal Law for the Regularization of Cannabis decriminalizes consumption for people 18 years of age and up to 28 grams. If that amount is surpassed by up to 200 grams, there would be an administrative sanction and a fine of 11.000 Mexican pesos.

The Senate voted 82 in favor of the law, 18 against and seven abstentions. Lawmakers against the law raised fears that marihuana consumption could become a widespread practice, and the smell could reach children.

'#Today in the Senate, it was approved to create the Federal Law for the Regulation of Cannabis and reform the General Law of Health and the Federal Penal Code, for the regulation of #CannabisLegal.' 

Further,  lawmakers in favor noticed that from a social perspective, the law supports peasants, indigenous peoples, and communities which were prohibited from harvesting cannabis and were forced to look for it in the illegal market instead.

In the eight years since Colorado legalized marijuana, it's been an open question whether Wyoming would someday follow the lead of its southerly neighbor.

So far, that hasn't happened.

Lawmakers did legalize hemp and CBD products in 2019. Both lack marijuana's psychoactive properties, but remain taboo among some state lawmakers. And Wyoming's criminal penalties for marijuana possession remain among the nation's harshest.

Meanwhile, even the most modest reforms brought before Wyoming lawmakers have faltered. A 2019 bill legalizing medical marijuana failed to get a hearing on the floor of the Wyoming House of Representatives, while proposals to reduce Wyoming's criminal penalties for marijuana have gained little traction among the state's conservative lawmakers, many of whom still see the substance as a gateway to abusing more serious drugs.

"Currently, Wyoming statutes (around cannabis) are unrealistic," said Rep. Charles Pelkey, D-Laramie, an attorney and marijuana reform advocate whose law firm has developed a reputation for defending both minor and serious marijuana cases around Wyoming. "We've tried to address that in the Judiciary Committee. And we spent three years working on cannabis law reform and made no progress. I remember telling National Public Radio once that I have not spent this much time listening to people talk pointlessly about weed since I was in high school."

RALEIGH, N.C. — A panel appointed by Gov. Roy Cooper called Wednesday for decriminalizing possession of small amounts of marijuana, saying arrests for such crimes disproportionately affect Black residents.

The North Carolina Task Force for Racial Equity in Criminal Justice, which is chaired by Attorney General Josh Stein and Supreme Court Justice Anita Earls, also called for studying the prospect of further legalizing the cultivation, sale and possession of marijuana in the state.

"You cannot talk about improving racial equity in our criminal justice system without talking about marijuana," Stein said in a statement. "White and Black North Carolinians use marijuana at similar rates, yet Black people are disproportionately arrested and sentenced."

Americans across party lines, regions embrace marijuana Possession of up to a half-ounce of marijuana is a Class 3 misdemeanor in North Carolina, subject to a fine of up to $200. In 2019, there were 31,287 charges and 8,520 convictions for the offense, and 61 percent of those convicted were nonwhite, according to the task force.

Utah’s medical marijuana law may soon undergo another expansion if a bill that is being introduced in the legislature gets approved.

Salt Lake City-based television station FOX13 reports that a bill offered up by a pair of Republican lawmakers seeks to allow more Utah physicians to recommend medical cannabis to qualifying patients.

The legislation, the outlet reported, “will allow physicians to recommend cannabis for up to 15 patients without having to go through hours of specialized training through the state.”

The bill, which is being co-sponsored by GOP state Rep. Ray Ward and state Senate Majority Leader Evan Vickers, also a Republican, is another effort to ease restrictions on a medical marijuana law that critics argue is still far too exclusionary to patients who could use the treatment.

FOX13 noted that “qualifying patients still struggle across Utah to find doctors willing to recommend medical cannabis.”

Different ways to be legal

Not only does every country have its own laws regarding the use, possession, sale, cultivation, and import/export of cannabis, but often these categories too can be broken down further into medical legalizations, recreational legalizations, and even religious legalizations, each with its own set of laws concerning use, possession, sale, cultivation, and import/export.

Right now, in terms of full recreational legalizations, there are only a few places that apply. Uruguay; Canada; the US states that have independently legalized; Mexico, although until legislation comes out in December, it’s technically only a judicial legalization, with no regulated system for sale of products; and Canberra, Australia’s capital city. Then there’re places like Washington DC, and Georgia (the country, not the state), which have wonkier recreational legalizations. In DC, a person can possess and use, but can’t buy or sell, although cultivation is legal. In Georgia, it’s the same, but without the cultivation part, making for a strange system where using a product is actually legal, but there is no legal way to obtain it.

When it comes to medical legalizations, these have become ubiquitous in the world. From South American countries like Argentina and Uruguay; to the majority of European countries; to Australia & New Zealand; to African countries like Zambia, Zimbabwe, and Lesotho, though these countries don’t always guarantee the use of cannabis for their own people, and are more geared toward the business end, and exportation to other markets. Nearly every US state has medical legalization; even some Asian countries like Thailand; and Middle Eastern countries like Lebanon, which just became the first of the region (apart from Israel) to allow this.

And then there are the more elusive religious legalizations, which have been coming into play more recently. The most well-known religion to use cannabis sacramentally is Rastafarianism, although others do exist. Due to the Rastafarian religion, countries like Jamaica and Barbados have specific laws that allow the use of cannabis for religious purposes. And though there isn’t an actual written law attached to it, Nepal allows cannabis to be smoked without harassment by law enforcement, for one day a year to celebrate the Mahashivrati festival.

Where can you fly with cannabis

To be clear, there are no legalized locations – recreational, medical, or religious – that have laws allowing the transport of cannabis across country borders. What this means is, whatever the legalization policy, and whatever might be allowed within a country’s borders, this has no bearing on anything, anywhere else. No country will allow you to legally cross its border with cannabis. To make it even more clear, even if a person is attempting to fly with cannabis from one recreational legalized location to another – let’s say Toronto to California, this too is not possible.

A Michigan man who has spent a quarter of a century behind bars for a nonviolent marijuana offense could see a change in his fate this week as a parole board considers his release. Michael Thompson, a native of Flint, Michigan, was convicted in 1994 of selling three pounds of marijuana to an undercover police informant.

Michael Thompson, now 69, was given a sentence of 42 to 62 years for the conviction, a term compounded by previous drug convictions and a weapons enhancement for firearms discovered when his home was raided. But the nonviolent nature of his offense coupled with the legalization of marijuana in Michigan has led to a drive to see Thompson, who isn’t technically eligible for parole until he is 87 years old, released from prison early. In January, Thompson’s attorney filed a request for commutation of his client’s sentence.

Michigan AG ‘Shocked And Horrified’ By Sentence

It’s an effort supported by state Attorney General Dana Nessel, who wrote a letter to Michigan Gov. Gretchen Whitmer in August asking that Michael Thompson’s sentence be commuted so he can be released on time served.

“Sometimes you hear something about a particular person who’s incarcerated and then once you look further, you’re like, maybe this person deserves to do a little time,” Nessel said. “But I was shocked and horrified when I looked at his sentence.”

“I have practiced law for 27 years now and I’ve never seen anything like it,” she added.

Visitors heading to Hawaii may now participate in the islands’ medical cannabis program. The Hawaii State Department of Health has announced that Out-of-State medical cannabis patients may now apply online for a 329-V card. The new card provides visiting patients with legal access to Hawaiiʻs medical cannabis dispensaries for up to 60 days. The Hawaii Educational Association for Therapeutic Healthcare (HEALTH), the state’s trade association for licensed dispensaries, supported the announcement and has been working to prepare for the increase in demand for medical cannabis in Hawaii.

“As Hawaii’s medical cannabis dispensary program continues to grow, we are happy the program will be extended to visitors from out of state so that visitors with debilitating diseases, chronic pain, PTSD and other conditions can continue to receive the therapeutic effects of cannabis while in Hawaiiʻi,” said Pedro Haro, Executive Director of HEALTH. “This is a major milestone for integrative healthcare options in the islands and for our visitor industry as a whole.”

Hawaii’s first state-licensed medical cannabis dispensaries opened during the summer of 2017 to serve residents. During the 2018 legislative session, government officials worked with the industry and patient advocates to pass House Bill 2729, which established the 329-V card program to provide Out-of-State Patients (OSPs) with legal access to medical cannabis dispensaries while visiting the islands.

“We are particularly pleased with the advances that the Department of Health has made towards modernizing the process for which both locals and visitors are able to obtain their medical cannabis cards,” said Haro. “They have worked seamlessly to provide a completely digital platform for patients, which makes it all the more efficient to apply and receive a card”.

The 329-V card will allow visitors to shop at any of Hawaii’s medical cannabis dispensaries and legally possess cannabis or cannabis products for up to 60 days at a time. Out-of-State patients must complete a 10-minute online application with the Department of Health. Applications may be submitted up to 60 days in advance of arrival in Hawaiiʻi and patients may select a start date. To be eligible, visiting patients must have a valid medical registration card from a U.S. state or territory, a valid government-issued photo ID from the same state, and they must attest they use cannabis for one or more of the qualifying conditions recognized by Hawaii. The fee is $49.50 for a 329-V card, which is valid for 60 days and may be renewed one additional time.

Left-leaning policy wonks call it the biggest political layup of our time. It enjoys rare bipartisan support in a time of rancorous political division. It would lower rates of incarceration among people of color and chip away at the prison industrial complex.

So why has cannabis not yet been legalized, or at least decriminalized, on the federal level?

Congress is poised to tackle the issue in December when it votes on the Marijuana Opportunity Reinvestment and Expungement Act of 2019, aka the MORE Act. If passed, the decriminalization bill would impose sweeping changes to the ways weed functions in society, and offer a sign of retreat in the U.S. government’s decades-long war on drugs.

The Marijuana Opportunity Reinvestment and Expungement Act of 2019 is a bill sponsored by former Senator and Vice President-elect Kamala Harris that would decriminalize weed by removing it from the government’s list of controlled substances

In an effort to better share institutional knowledge and regulatory practices, Louisiana is one of 19 states that is now part of the newly formed non-partisan organization called the Cannabis Regulators Association (CANNRA).

The Louisiana Department of Agriculture and Forestry (LDAF) which regulates medical marijuana in Louisiana will be represented by Medical Marijuana Program Director Tabitha Irvin, Esq. CANNRA is being established to assist federal, state, and local jurisdictions that have approved or are considering the legalization of medical and/or recreational cannabis, according to a spokesperson for LDAF.

“CANNRA is restricted to cannabis regulators to develop best practices and policies and also to support consistent regulatory actions,” said Agriculture and Forestry Commissioner Mike Strain, D.V.M.

Irvin added, “It is an honor to be a founding member of an organization that will develop standards in the industry and provides regulatory guidance to state and federal elected officials. We are also proud to collaborate and welcome the expertise of other states as we regulate products so they are safe for consumers."

For years, cannabis regulators across the country have relied on each other to share regulatory experiences, institutional expertise, and to provide assistance navigating the numerous evolving policy and regulatory issues associated with legalizing and regulating cannabis. Often the first step for state and local jurisdictions weighing legalization is to engage with regulators from established markets and programs. However, there has never been an organization to facilitate these interactions or help stakeholders find objective data and evidence-based approaches to policymaking and implementation.