Cannabis Law Archives - Page 24 of 37 - The Real Dirt with Chip Baker

Alabama Approves Medical Cannabis Legalization

by The Real Dirt | May 7, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Legalization, Medical Marijuana, Politics

Alabama medical marijuana clears state Senate

Alabama lawmakers caved their opposition yesterday and formally approved the state’s medical cannabis legalization bill.

Alabama lawmakers sent a medical cannabis legalization bill to Gov. Kay Ivy (R) on Thursday that will allow qualifying patients to purchase certain forms of cannabis after receiving a doctor’s recommendation, according to the Associated Press.

Although House lawmakers ultimately passed the bill in a 68-36 vote, it was faced by a Republican filibuster, a delay, and finally a two-hour floor debate. The bill then returned to the Senate where it was quickly passed.

Governor spokesperson Gina Maiola said, “We appreciate the debate from the Legislature on the topic. This is certainly an emotional issue. We are sensitive to that and will give it the diligence it deserves.”

Under the law, conditions including cancer, terminal illnesses, chronic pain, depression, epilepsy, and panic disorder will qualify a patient to sign up for the program. The bill will allow patients to purchase pills, skin patches, and creams, but does not allow for the smoking or vaping of medical cannabis products. The legislation was named after Darren Wesley ‘Ato’ Hall, Rep. Laura Hall’s son who died from complications from AIDS.

The bill’s primary sponsor Republican Rep. Mike Ball, who is a former state trooper and state investigator, gave emotional testimony on the House floor.

“Every year that we delay getting help to people who need it, there are more people and more people who are suffering because of it. We’ve still got another year or so before this gets set up and cranked up, but at least we have hope now.” — Rep. Mike Ball

Former state Rep. Patricia Todd — who introduced Alabama‘s first medical cannabis bill in 2013 that would later receive a Shroud Award, an award given to bills deemed the least likely to pass — said she was happy the reforms had finally passed.

“They laughed at me,” she remembered. “I’m glad to see it passed. It’s long overdue.”

Original Story from Ganjapreneur

US to ban Backwoods, Swishers and other flavored blunt wraps

by The Real Dirt | May 7, 2021 | 420 Culture & Travel, 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Legalization, Stranger Than Fiction

Your illegal weed dealer might be adding menthol cigarettes and smuggled Backwoods and Swisher Sweets to their offerings next year.

On Thursday, April 29, the Food and Drug Administration announced plans to ban menthol-flavored cigarettes and all flavored cigars, starting in 2022. The FDA’s proposal responds to a lawsuit from the African American Tobacco Control Leadership Council calling for the national ban, which would target makers and sellers, not users, of menthols and flavored cigars.

Tobacco companies will likely challenge the decision in court, according to Stat News.

But such a ban would affect many cannabis consumers—primarily Black smokers—who roll marijuana into flavored tobacco or cigar leaves, commonly called a blunt. Half of cigar sales in 2020 were two flavored brands: Black and Mild, followed by Swisher Sweets.

A 2020 study found that a third of weed consumers smoke blunts, while almost two-thirds of Black weed consumers smoke blunts. A separate study of blunt wrap brand Backwoods-tagged content on Instagram found that half of #backwoods posts were marijuana-related.

FDA confronts a health inequity

The FDA wants to reduce tobacco use, the leading cause of preventable death in the US. The agency stated that banning menthols and flavored cigars would reduce the number of kids who start smoking, and encourage menthol smokers to quit.

The FDA also said it specifically wants to reduce the number of Black Americans dying from tobacco. Three-quarters of Black smokers smoke menthols.

“Banning menthol—the last allowable flavor—in cigarettes and banning all flavors in cigars will help save lives, particularly among those disproportionately affected by these deadly products,” acting FDA Commissioner Janet Woodcock said in a statement.

Banning menthols may cause 923,000 US smokers to quit, including 230,000 Black Americans in the first 13 to 17 months after a ban goes into effect. An earlier study claims the ban would prevent 633,000 deaths, including about 237,000 deaths averted for African Americans.

To do that, massive tobacco companies and distributors would face punishment for making, distributing, and selling menthols and flavored tobacco no earlier than next year.

Read Full Story on Leafly

Alabama House takes no vote on medical marijuana after 9-hour debate

by The Real Dirt | May 6, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Legalization, Medical Marijuana, Politics

Alabama medical marijuana fails to pass in the House

Republicans in the Alabama House of Representatives blocked a vote tonight on a bill to legalize, regulate, and tax medical marijuana.

The House adjourned at 11:43 p.m. after debating the legislation more than nine hours. They will return at 8 a.m. Thursday.

“I hope and pray that we take up where we’re at and we stay with this until we get an up or down vote,” Rep. Mike Ball, R-Madison, the House sponsor of the bill, said. “And I think you can see from the votes so far that there is a huge amount of support in this body, bipartisan support.”

Ball was referring to procedural votes on the bill today that passed by wide margins. But the final vote did not come tonight.

House Speaker Mac McCutcheon, R-Monrovia, said tonight as he left the chamber that the House would return to the medical marijuana bill Thursday morning. McCutcheon said he expects there will be a vote Thursday.

The speaker said the House on Thursday will also consider the bills to allow a lottery and six new casinos in Alabama. Those bills were approved in a committee Tuesday. The key bill in the three-bill package is a constitutional amendment that would require approval by voters in November 2022.

The final vote on medical marijuana never came tonight because a handful of lawmakers made repeated trips to the mic to delay it. McCutcheon said there was not enough support to pass a petition for cloture, which would have cut off the debate. The Republican majority has used cloture petitions to end Democratic filibusters during this session, but in this case would have been shutting off a filibuster by Republicans.

Still, the medical marijuana bill is closer than ever come to becoming law. It has passed the Senate three times but has never come up for a vote in the House.

Several Republican lawmakers opened the debate today by expressing staunch opposition to medical marijuana, saying it would move the state in the wrong direction and they were surprised it was being considered in Alabama.

But the bill cleared a procedural motion that was necessary for the debate to continue. The vote was 69-31. Another procedural vote passed 71-20. The debate continued after that until the House adjourned.

The legislation would set up a system to regulate the production and use of medical cannabis products from the cultivation of the plants to the sales of products at dispensaries.

Doctors could recommend medical marijuana for more than a dozen symptoms and conditions, including chronic pain, nausea and weight loss from cancer, seizure disorders, PTSD, muscle spasms from certain diseases, and others.

The bill, by Sen. Tim Melson, R-Florence, has already passed the Senate. Melson, a physician and medical researcher, said the 69-31 procedural vote was a strong sign that the House would pass the bill tonight.

“I have no doubt that it’s going to pass if it’s given a vote,” Melson said.

Read Full Story from AL.com

Las Vegas Braces for Cannabis Consumption Lounges

by The Real Dirt | May 3, 2021 | 420 Culture & Travel, 420 News, Blog, Business, Cannabis Law, Cannabis Law and Compliance, Culture

Cannabis lounges, where patrons can smoke a joint, rip a bong, vaporize a dab or do just about anything else you can think of with the plant, appeared to be a certainty as part of a Las Vegas ordinance back in 2017—and then again in 2019. They’ve been talked about for over four years in the entertainment capital of America.

But this time around, after years of setbacks and political meddling from the rival gaming industry, a bill at the Nevada State Legislature is on track to settle the score once and for all.

Assembly Bill 341 would pave the way for an unlimited number of lounges to open across the state, in counties where local governments allow cannabis businesses to operate. That includes in Sin City, where over 40 million tourists visited each year before the COVID-19 pandemic.

“This would really open the floodgates for something marijuana users have wanted for a long time,” said Assemblyman Steve Yeager, a Democrat from Las Vegas who sponsored the bill. “And there’s a social equity part to it where we’re not restricting this just to licensed dispensary owners.”

Yeager, in his third term at the state’s biennial legislature, has felt the frustration himself. Long considered the heir apparent to former State Sen. Tick Segerblom, who was known as Nevada’s “Godfather of Marijuana,” Yeager watched as the fledgling industry offered all of its spoils to a tiny group of anointed business owners, most of whom were lawyers, doctors, casino operators, lobbyists and former public officials.

Less than 100 groups control almost all of the industry, as the state capped dispensary licenses from the adult-use program’s inception in 2017. Many of the companies are also vertically integrated, meaning dispensary owners also hold the lion’s share of production and cultivation permits. Disproportionately left out have been women and racial minorities, the latter group of which was most harmed by cannabis prohibition.

The new bill runs so contrary to the state’s years of meticulously restricting licenses and hand-picking operators that many dispensary owners are wondering if opening a lounge is even worth the investment.

“You have to figure out if you can make any money with them,” said David Goldwater, owner of Inyo, a dispensary located just over a mile from the Las Vegas Strip. “There’s going to be a ton of new competition.”

Read Full Story from Cannabis Business Times

Texas House Votes To Decriminalize Marijuana

by The Real Dirt | Apr 30, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Legalization, Medical Marijuana

The Texas House of Representatives on Thursday approved bills to decriminalize marijuana possession and significantly expand the state’s medical cannabis program.

These are the latest developments to come amid a week that has seen multiple pieces of reform legislation advance in the chamber, including separate measures to reduce penalties for possessing marijuana concentrates and require the state to study the therapeutic potential of psychedelics like psilocybin and MDMA.

The bill to decriminalize possession of up to one ounce of cannabis, making the offense a class C misdemeanor that does not come with the threat of jail time, was approved on second reading in the chamber by a voice vote.

The legislation, sponsored by Rep. Erin Zwiener (D), would also end the threat of being arrested for low-level possession and give people the opportunity to avoid a conviction by providing for deferrals and dismissals. A final vote on third reading is still needed to formally send the bill to the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

The separate medical cannabis expansion proposal was given final passage in the House in a 134-12 vote, sending it to the Senate. It would add cancer, chronic pain and post-traumatic stress disorder (PTSD) as conditions that could qualify people for the state’s limited medical cannabis program. The bill passed in the House Public Health Committee earlier this month.

The legislation would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.

While advocates appreciate that Texas lawmakers are moving to expand the state’s existing program, they feel it can be improved upon and hope to see amendments to give more patients access to cannabis when it arrives in the Senate.

Read Full Story from Marijuana Moment

Is Delta-8 THC Legal? A hemp industry grey area

by Travis C | Apr 30, 2021 | 420 Culture & Travel, Blog, Broscience Mythbusters, Cannabis Law, Cannabis Law and Compliance, Culture, Legalization

Delta-8 THC is the latest cannabinoid to take over the hemp “grey” market, after CBD had its run in 2019 and 2020 before regulation on CBD products began. However D8 THC is likely to face a similar fate soon enough, and some states aren’t waiting around for the FDA to start regulating it.

So how does a hot new cannabinoid like this come about without regulation, and is Delta-8 THC legal?

What is Delta-8 THC?

What may be a surprise to some is that D8 THC is not a newly discovered cannabinoid. Pharmacological knowledge of D8 THC has been around since 1941 when its partial synthesis was discovered by Roger Adams. It is an isomer of Delta-9 THC, meaning that it has an identical molecular formula to Delta-9 THC, but Delta-8 THC is arranged differently which creates a variation in chemical properties.

But like many other cannabinoids including Delta-9 THC, scientific data surrounding Delta-8 THC was suppressed soon after its discovery, with the Marihuana Tax Act already being in effect since 1937. That changed with the passing of the Farm Bill in 2018.

Following the federal legalization of hemp, a lot of farmers hopped on the CBD trend and saturated the market with biomass. But just like CBD, Delta-8 THC can also be extracted.

D8 THC is not as prevalent in hemp as CBD, and not as potent as Delta-9 THC. But that hasn’t stopped producers and consumers from capitalizing.

More money, more effects

If Delta-8 THC was all made up by illicit market producers trying to take advantage of the uneducated consumer, it surely wouldn’t be as popular as it has become. That is to say in the mind of consumers, D8 THC is a “legal” replacement for Delta-9 THC.

For someone living in a state with no access to medical or recreational cannabis, hemp is more than likely legal. Since Delta-8 can be extracted from hemp, and hemp is legal, Delta-8 is technically legal too, for now.

With the CBD market completely oversaturated, D8 THC also presents a unique opportunity for hemp producers to still make a profit off their hemp. Being a very close relative of Delta-9 THC, a massive market for those trying to get the “high” of Delta-9 without breaking the law in their state has been created.

Just since the beginning of 2021, Delta-8 THC has grown massively in popularity. It has become available in vape carts and edibles in head shops across the country and also gives consumers the option to have it shipped right to their door online.

However that may all be changing quicker than consumers and producers hoped.

States start taking action

While the FDA might just be catching wind of Delta-8 THC and are considering looking into the new hot cannabinoid, individual states have already taken notice, and they aren’t waiting to take action.

Vermont is the latest state to pass rulings that state D8 THC is now illegal, and they aren’t alone either. Alaska, Arizona, Arkansas, Colorado, Delaware, Kentucky, Idaho, Iowa, Mississippi, Montana, Rhode Island, and Utah have all banned the sale of Delta-8 THC.

With so many states jumping to ban D8 THC so quickly, it isn’t a good sign for the future. Ultimately the reason that Delta-8 may fail is because of the lack of regulation. Without regulation, there will always be bad actors in the industry pushing fake and dangerous products.

A clear example of this issue gained nationwide attention in 2019 after several people died from ingesting illicit market Delta-9 vape cartridges, and hundreds more wound up in the hospital. The same problem could easily plague the rising Delta-8 industry, and that has lawmakers and consumers concerned.

While many are willing to take the risk and have Delta-8 THC delivered from an online service without knowing the true contents or lab results of the product, just as many are not. While there are a handful of reliable Delta-8 suppliers with lab testing provided, there are just as many if not more that don’t include lab results.

So what’s the solution?

Regulate Delta-8 THC or make it illegal

The question that many are asking right now is, will Delta-8 THC be regulated or just made illegal?

Unfortunately for consumers and producers, the latter is much more likely. Compared to CBD which has very little to no psychoactive effects, Delta-8 is described as a more subtle version of Delta-9 THC by consumers.

In a state like Utah where recreational cannabis is still illegal, Delta-8 is no different than Delta-9 in the eyes of legislators and regulators because the consumer can still get high from consuming it. So why would they allow one and not the other?

At least we can’t argue that they aren’t being consistent.

As for the potential for regulation, it is possible but unlikely in the near future. For example, despite being legalized in 2018, the USDA’s final ruling regarding hemp production wasn’t released until January of this year. The FDA has only recently begun cracking down on the unregulated CBD industry, sending out multiple emails to producers in March of this year warning about false advertising and making medical claims about CBD products.

But the USDA ruling doesn’t even address Delta-8 THC, let alone set a limit on its production. There is no evidence that the FDA is currently investigating Delta-8 either. So while we don’t expect there to be a federal ban on Delta-8 in the near future, we are likely to see more states take action on their own.

Colorado passed medical and recreational cannabis and has a thriving legal industry, yet is still choosing to keep Delta-8 THC illegal. Other states are going to take notice, and many may follow suit.

For now, if you want to try Delta-8 for yourself, make sure to search for a verified producer that provides detailed lab results from a certified lab. While the science may still be out on the safety of D8 THC itself, as long as the product is made properly with clean ingredients and certified by test results it may be the best alternative to Delta-9 for those who can’t get it for the meantime.