WeedLife News Network

Potentially hundreds of thousands of Michiganders could soon be in line to have previous marijuana offenses expunged, thanks to a sweeping legislative package that is on the verge of becoming law.

A total of six bills are heading to Michigan Gov. Gretchen Whitmer’s desk after clearing the final round of approval in the legislature, and all would significantly change the criminal records of many in the state. And the effort to wipe clean the records of some who were previously busted for pot comes in the wake of Michigan voters approving a measure to legalize recreational marijuana use in 2018. 

According to the Detroit Free Press, the legislative package that was approved by lawmakers includes a proposal to “create a process to streamline expungement of marijuana offenses if the activity that led to the conviction would have been legal under the recreational marijuana law.”

House Bill 4982 allows “people convicted of one or more misdemeanor marijuana offense to apply for expungement, streamlining the process,” while also providing a “rebuttable presumption that the conviction was based on activity that would not have been a crime if committed after the use of recreational marijuana by adults became legal in December 2018,” according to the Free Press.

“In challenging the application, a prosecutor would need to prove by a preponderance of evidence that the conduct would constitute a criminal violation after recreational marijuana was legalized. Courts would move to set aside convictions that are not contested after 60 days,” the newspaper explained. 

A new measure would prioritize minorities, women, and those disproportionately affected by the War on Drugs for a marijuana business license.

A bill that would create a licensed recreational marijuana market in Vermont is headed to Gov. Phil Scott’s office. Residents could legally possess and consume marijuana for the past two years, but had no legal means to acquire it. This legislation would change that.

When Vermont Legislature introduced and passed cannabis legalization in 2018, the state became the first to end prohibition through lawmaker impetus instead of a ballot initiative led by advocates. However, Vermont lawmakers failed to create a legal system of cannabis sales in the process.

The new measure underwent a lengthy back-and-forth between the Vermont House and Senate. Following compromises by both sides, the bill passed each chamber and still requires Scott’s final approval. The Republican Governor hasn’t indicated whether he’ll sign the bill, though commented that lawmakers addressed many of his concerns and have “come a long ways.”

“Vermont legislators should be applauded for their hard work fine-tuning the cannabis regulation bill and sending it forward to the governor’s desk,” Matt Simon, New England political director at the Marijuana Policy Project, told The Fresh Toast. “This was a difficult compromise, but legislators worked hard to ensure that a wide range of concerns were addressed.”

As the deadline to begin operating under the 2018 Farm Bill rapidly approaches, hemp growers following their state pilot programs may soon be getting the relief they’ve been asking for.

The U.S. House of Representatives has introduced a bill (H.R. 8319) with a provision that would allow hemp growers to continue operating under their pilot programs through September of 2021, extending the interim period by nearly a year.

The current deadline for states to end their hemp pilot programs established by the 2014 Farm Bill and begin operating under the 2018 Farm Bill is Oct. 31 of this year.

The proposed extension of hemp pilot programs answers the call of industry leaders and lawmakers alike to give hemp growers more time to adjust to the U.S. Department of Agriculture’s (USDA’s) interim final rule (IFR) on hemp, which aligns with regulations under the 2018 Farm Bill and is generally seen as a more stringent set of rules.

Nearly two dozen states chose to operate under their pilot programs for the 2020 growing season, according to the U.S. Hemp Roundtable.

Hemp farmers—who have been hard hit by the COVID-19 crisis and hampered by slow reforms to federal drug regulations—are now eligible for federal aid under a second round of pandemic economic relief.

The original installment of the U.S. Department of Agriculture (USDA) Farm Service Agency’s Coronavirus Food Assistance Program (CFAP1), which contained $16 billion in funds, was distributed in the spring. Hemp farmers were not eligible to apply.

President Donald Trump and U.S. Secretary of Agriculture Sonny Perdue announced the second round of CFAP relief on September 18. An additional $14 billion in funds has been earmarked for farmers, bringing the amount of pandemic relief funding for the U.S. agricultural sector to $30 billion so far.

A USDA press release announcing the aid package classified hemp as a “flat-rate crop,” and said, “Crops that either do not meet the 5-percent price decline trigger or do not have data available to calculate a price change will have payments calculated based on eligible 2020 acres multiplied by $15 per acre. These crops include alfalfa, extra long staple (ELS) cotton, oats, peanuts, rice, hemp, millet, mustard, safflower, sesame, triticale, rapeseed, and several others.”

The U.S. Hemp Growers Association (USHGA) said after hundreds of industry members contacted the USDA, as well as a phone call between the trade organization and USDA officials, hemp farmers were added to the proposal at the last minute.

MCN speaks with Australia’s Therapeutic Goods Administration about medical cannabis regulation and access.

The Australian Therapeutic Goods Administration (TGA), which operates under the aegis of the Department of Health, is responsible for regulating therapeutic goods – including pharmaceutical and complementary medicines, medical devices, tests, and vaccines – across Australia. It oversees the classification and manufacture of medicines and medicinal products; as well as conducting risk and safety assessments, standards enforcement, and post-market monitoring.

As the regulatory body in charge of determining the validity of applications to prescribe medical cannabis, the TGA has approved requests for cannabis prescriptions to treat conditions and symptoms including:

It should be noted, however, that applying to prescribe cannabis for one of the above conditions does not guarantee approval from the TGA.

MCN speaks with a spokesperson from the TGA about Australian cannabis regulation and access, the evolution of Australian cannabis policy, and the importance of continued education within the sector.

What is the current medical and legal status of cannabis in Australia?

Australia is a signatory to the United Nations Single Convention on Narcotic Drugs of 1961, as amended, which requires all signatories to implement controls on the cultivation of the cannabis plant. Commentary to the Single Convention provides an overview of the standard regime to which signatories have committed:

In 2020, state courts still seem to be a good bet for cannabis businesses in cannabis-legal states. But federal courts are sliding backward.

A few weeks back, the Cannabis Law Institute invited me to discuss contract drafting for cannabis deals. A focal point for the panel was whether courts are willing to enforce cannabis contracts. The last time I had really looked at that issue was early 2019, when I wrote: Cannabis Dispute? Courts are Open. As the title indicates, my research (and our law firm’s experience) showed that both state and federal courts were generally open to resolving cannabis contract disputes at the time. And I assumed the trend had held. Unfortunately, it has not!

In the 2019 piece, I summarized:

[Contract enforceability] was always the biggest consideration in choosing a forum for cannabis disputes. A few months ago, we ran a survey of federal courts and cannabis litigation, observing that none of the districts at issue were invalidating state-sanctioned businesses’ cannabis contracts on the dreaded “illegal purpose” basis. This trend is holding strong in recent federal court disputes on issues from RICO to patent infringement, despite the prohibited status of “marijuana” under federal law. As to state courts, the decisions declining to hear cannabis beefs are pretty far in the rearview. (Ironically, it has been safer overall to enforce cannabis contracts in federal courts that state courts to date.) When drafting agreements for cannabis clients, we still advise as to the diminishing possibility of non-enforcement, but most cannabis companies seem comfortable choosing court over arbitration if other goals are satisfied.

In 2020, state courts still seem to be a good bet for cannabis businesses in cannabis-legal states. Although I have not run a formal survey, I also have not come across local courts tossing disputes solely because the contract related to cannabis activities (and our cannabis business litigators have worked on many of these cases). But federal courts are sliding backward. A trio of cases in Washington, Oregon and Nevada show why.

Throughout all the major cannabis news that has been making headlines in Europe, the U.S., and across the globe over the past ten or so years, France has been almost nowhere in the mix.

A parliamentary committee wants to change that as soon as possible and the members are urging the government to initiate a medical cannabis experiment and figure out the best way to address medical cannabis concerns. 

An Urgent Call To Action

The committee made this demand in a document, asking for a budget that would support some kind of experiment surrounding medical cannabis and its potential for legalization. 

“It’s very important that funding for the medical cannabis experiment is now integrated into this process,” said  Benjamin-Alexandre Jeanroy, CEO of Augur Associates in Paris, back in 2019 regarding the importance of moving forward and making something happen. While France has technically approved such an experiment a year ago through legal channels, there needs to be actual implementation to get something off the ground and into the trial stage so that progress can be monitored.  

Robin Reda of the French National Assembly and president of the committee claims that she believes France “has fallen alarmingly behind its European neighbors” in terms of cannabis reform overall. “The bulk of the technical work was done before the health crisis,” Reda added, explaining that she doesn’t believe this delay is due to COVID alone, as there has been plenty of time. She instead blames “bureaucratic blockage” and wonders why the government is not moving forward. 

Could marijuana legalization be on its way to South Dakota? As if 2020 couldn’t get any stranger, a new poll suggests that voters in the Mount Rushmore State could be ready to take the leap.

The survey, conducted by South Dakota-based marketing firm Lawrence and Schiller and conservative pollster Public Opinion Strategies on behalf of a group opposed to legalization, found that about 60 percent of voters intend to vote for Constitutional Amendment A, a proposal to allow adults aged 21 and over to use marijuana. 

There is, however, a significant caveat to the data. Constitutional Amendment A is not the only pot-related proposal on South Dakota’s ballot this November. There is also Initiated Measure 26, which would make medical cannabis legal in the state.

The poll was organized by the South Dakota Chamber of Commerce and Industry on behalf of the group “No Way On A.”

“Going back to the numbers, we know that a significant portion of that majority for (legalized recreational marijuana use) thinks it’s related to medical,” Chamber President David Owen told the Argus Leader newspaper. 

It will be quite some time before we understand the full impact of the COVID-19 pandemic. But history tells us one important thing: during times of crisis, how an industry is regulated often affects its ability to adapt and survive or even gain advantage.

Take payments and banking. While most brick-and-mortar retailers have been instituting contactless transactions to meet changing customer expectations and prevent the spread of the virus, cannabis dispensaries in the U.S. are still largely operating with cash only. They cannot accept major credit cards because marijuana is illegal under federal law. And now they’re facing a nationwide coin shortage.

With the coronavirus crippling economic activity in the U.S., the circulation of coins has dropped off significantly. Hardest hit has been restaurants, laundromats, convenience stores, arcades, and supermarket chains—businesses that rely on the flow of paper currency and need to make change. Yet unlike dispensaries, these businesses can more easily accept alternative forms of payments. 

“We still can’t operate like other businesses, unfortunately,” says Jerry Millen, owner of the Greenhouse of Walled Lake, a fully licensed medical and recreational cannabis dispensary in Michigan.

“First we ran out of pennies,” Millen says of the coin shortage. “We didn’t want to gouge the patient or the customer, so we rounded [transactions] down, which didn’t cost us a whole lot. But then we started running out of quarters, and suddenly we started to feel an impact.”

Two County Cavan farmers believe that growing hemp could help bring life back to rural Ireland. 

Kim Kindersley and Michael Ó Lionsaigh have been producing CBD oil from their hemp crops as global demand for the oil increases due to its perceived medical qualities. 

Both farmers believe that the cannabis plant, which is one of the oldest cultivated crops in Ireland, could help reinvigorate rural Ireland and Irish farming. 

Hemp was once extensively grown in Ireland to produce ropes, riggings and sails for ships at a time when sailing was the chief mode of transport. 

Now, the plant is used to make CBD oil, which consists of less than 0.3% THC. THC is a psychoactive that produces the highs associated with cannabis use. 

A nearly three-year-old case, Washington v. Barr, which pits former NFL star Marvin Washington and plaintiffs against Attorney General William Barr, received a boost this week.

A slew of organizations, including the National Organization for the Reform of Marijuana Laws (NORML), Americans for Safe Access and U.S. law firm Ansell Grimm & Aaron have joined the fight, filing amicus briefs in the case, which challenge the constitutionality of weed’s Schedule 1 status.

If the Supreme Court of the United States chooses to hear the case, it could change U.S. drug policy.

“Patients today face an untenable choice,” cannabis attorney Joshua Bauchner said in a statement. “They can either risk federal prosecution for using medical cannabis in accordance with state and local laws at the advice of their doctors, or risk serious, even fatal, health consequences. This is an unacceptable trade-off that no one should be forced to make any longer,” Bauchner argued.

Ansell, Grimm & Aaron are representing five organizations with a vested interest in the case, including Athletes for CARE, a non-profit of former pro athletes turned cannabis advocates, After The Impact Fund, an organization that helps military vets and ex-athletes receive treatment for post-traumatic stress disorder, anxiety and depression, among other conditions, and NFL Sisters in Service, Inc., a non-profit comprised of the spouses, daughters and mothers of current and former NFL players who advocate on behalf of those players.

Zimbabwe has announced the rules for growing cannabis, as the country seeks to boost foreign currency revenue and benefit from the rapidly growing industry.

Anxious Masuka, the agriculture minister, under regulations published in a government gazette said three types of permits can be issued for growers, researchers and industrial hemp merchants.

Growers are only allowed to cultivate, market and sell industrial hemp and researchers may cultivate for research purposes. A merchant can contract individual farmers, procure and process industrial hemp into a specified product.

Prior to the new rule people found growing cannabis in Zimbabwe were liable to a jail term of up to 12-years.

From hash to heroin, Hong Kong has a reputation for being hard on drugs. But one business has managed to work its way around the region’s strict cannabis prohibition laws.

Found Café will offer a plethora of snacks and beverages such as biscuits, coffee, tea, juices, and even beer spiked with varying doses of CBD, Sky News reports.

Short for cannabidiol, CBD is a psychoactive but non-intoxicating compound derived from the cannabis plant that has exploded in popularity across the globe over the past few years.

The cannabinoid is used therapeutically for a variety of symptoms and ailments, ranging from inflammation to anxiety.

Patrons hoping for a high, however, will be disappointed to learn that none of the café’s offerings will include THC — tetrahydrocannabinol, the intoxicating compound in cannabis — which would cause the business to run afoul of local drug laws.

The passage of this bipartisan bill would help raise the quality and safety of hemp products, and thus, protect consumers.

Last week, Oregon Representative Kurt Schrader (D) and Virginia Representative Morgan Griffith (R) introduced The Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2020 (“H.R. 8179”). If enacted in its current form, H.R. 8179 would legalize the manufacture, sale and marketing of hemp, hemp-derived cannabidiol and other hemp extracts (collectively referred to as “Hemp Products”) as dietary supplements under the Federal Food, Drug and Cosmetic Act (“FDCA”).

This means that these products would be exempt from the FDCA’s “Drug Exclusion Rule,” which, as we previously discussed, currently prevents the sale and marketing of any substance that has been approved or investigated by the FDA as a new drug as a conventional food or dietary supplement – In July 2018, the FDA approved CBD as a drug ingredient in Epidiolex.

To be compliant with the FDCA, these Hemp Products would need to meet the existing regulatory framework imposed on dietary supplements. This comprehensive regulatory framework mandates, in part, that these products be safe as well as properly labeled and marketed.

Because Hemp Products were not sold and marketed in the U.S. as dietary supplements or conventional foods before October 15, 1994, they would be deemed “new dietary ingredients” or “NDIs”.

All eyes are on the race between President Trump and former Vice President Joe Biden, but South Dakotans have much more at stake on the ballot than just the presidential race.

Marijuana has remained a big conversation all over America with several states legalizing it in recent years.

In November, South Dakota voters will decide whether they want it legal. There are two proposals.

Amendment A would legalize, regulate, and tax marijuana and require the Legislature to pass laws regarding hemp as well as laws ensuring access to marijuana for medical use. Supporters said it would only be for adults 21 and older and would bring new revenue to the state, create new jobs, and would reduce arrests and criminal prosecutions.

Opponents argue that marijuana is highly addictive and can have long-term health consequences.

Five years after the legalization of cannabis in Washington, D.C., racial bias is still prevalent in arrests for marijuana-related offenses in the nation’s capital, according to an analysis of police records by the Washington Post. Between 2015 and 2019, nearly 90% of those arrested for cannabis-related crimes in Washington, D.C. were Black, although African-Americans make up only 45% of the city’s population and multiple studies have shown comparable rates of marijuana use among white people and Black people.

In 2014, voters in Washington, D.C. approved Initiative 71, a ballot measure that permitted possession of up to two ounces of marijuana by adults 21 and older. The initiative also allowed adults to gift up to one ounce of weed to other adults and for the home cultivation of up to six cannabis plants. Support for the measure was bolstered by a 2013 report from the American Civil Liberties Union that showed starkly disparate enforcement of the nation’s marijuana laws, including in Washington, D.C. where Black people were eight times as likely as white people to be arrested for possession.

But Republicans in Congress, flexing their power over the city’s budget, blocked Washington from eliminating penalties on public consumption and cannabis sales. That led police in the city to continue “buy and bust” operations and other law enforcement actions aimed at marijuana.

“The goal was to not only eliminate the criminality associated with cannabis but to establish a regulatory system for distribution,” G. Malik Burnett, a leader of the effort to reform Washington’s cannabis policy, told the Post. “When there’s a gray area, police are able to enforce what they feel they should enforce.”

Between 2015 and 2019, D.C. Metro Police made 3,631 arrests for marijuana-related offenses.

In this article, Eleri Williams, Associate at Hill Dickinson Life Sciences team, sets out an overview of the current legal and regulatory position on the import and export of medical cannabis to and from the UK.

While doctors are now allowed to prescribe medicinal cannabis in certain circumstances, many patients, particularly those who seek prescriptions through the NHS, still face an uphill struggle in obtaining this medicine, which can effectively treat or alleviate the symptoms of some medical conditions.

One of the many hurdles to overcome is the slow and bureaucratic process of importing medicinal cannabis, which runs paradoxically to the UK’s position as the world’s largest exporter. In recognition of this difficulty and the detrimental effect on patients, in March 2020 the UK government alleviated some of the import restrictions to allow patients easier access to medical cannabis once medically prescribed.

Legal overview

The Misuse of Drugs Act 1971 prohibits and criminalises various activities relating to controlled drugs in the UK, including the importation and exportation, production, supply and possession of cannabis and associated products. These activities can, however, be undertaken with an appropriate licence from the Home Office.

A definitive list of the different types of licence available is contained in the Misuse of Drugs (Licence Fees) Regulations 2010, which sets out the fees to be paid in respect of the different types of licence. Individual licences for the importation and exportation of cannabis can be obtained, though applicants may also be required to hold a domestic licence. Home Office guidance is available to applicants on the process for applying for import/export licences – National Drugs Control System – Guide for Users (October 2017).

Democrats in the House of Representatives postponed a planned vote next week on marijuana legalization following a backlash from moderate Democrats.

The legislation, the MORE Act, would legalize marijuana at the federal level and expunge some marijuana-related criminal records, though it left the decision on the sale of marijuana up to the states.

According to a senior Democratic aide, lawmakers in tough re-election contests wanted the House to first pass COVID-19 relief before acting on marijuana legalization.

Another senior Democratic aide said a group of moderate Democrats had made the case to party leadership that they wanted to focus on legislation other than pot legalization given the risks posed at the ballot box – and their argument won over party leaders. 

The MORE Act would probably not come up until after the election, according to twoaides.  

Medical cannabis expert Dr Sandra Carrillo details the history and future of medical cannabis in Colombia.

Dr Sandra Carrillo is a medical doctor and renowned expert in the medical use of cannabis and cannabinoids, with certifications in cannabis medicine from the University of Puerto Rico’s School of Pharmacology and Oaksterdam University in California.

She is a leading advocate of cannabis legalisation in Panama, where she has appeared as an expert witness at several sessions of the government’s Health Commission responsible for devising and implementing policy and regulation on medical cannabis. In Colombia, she is President of the Medical Colombian Association of Medical Cannabis (ASOMEDCCAM), which advocates evidence-based education on the medical applications of cannabis for doctors and patients. Dr Carrillo details the history and future of medical cannabis policy and education in Colombia.

Regulation and licensing

On 6 July 2016 the Congress of the Republic of Colombia approved Law 1787, under which a regulatory framework was created that would allow safe and informed access for the medical and scientific use of cannabis and its derivatives. This law was driven by former Senator Juan Manuel Galán, to open new health and wellness options for patients. It further promoted the creation and development of a new industry in the economic sector of the country, thanks to the unique advantages that Colombia offers through its privileged geographical location, climatic conditions, skilled labour, and agricultural traditions.

Through Decree 613, enacted in 2017, a regulatory framework was set out for the beginning of this new industry. The decree stipulated guidelines for the appropriate evaluation, monitoring and control of the cultivation and processing of cannabis and its derivatives, for medical and scientific purposes.

It’s been over nine months since Gov. Andrew Cuomo signed the Hemp Extract bill into law and businesses are wondering where the regulations are.

Those with Beak & Skiff in Lafayette, along with reps from the New York Cannabis Growers and Processors Association, held a news conference on Tuesday afternoon.

Businesses have not only invested in equipment but workers have as well. They are all looking on the state to see where to go from here.

“So we can have a framework to operate our businesses effectively, safe and continue to produce the crops and produce the products that our customers and people throughout New York have come to love,” said Eddie Brennan, president at Beak & Skiff.

Companies said that the regulations are needed to ensure a fair playing field for all involved.