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North Carolina Medical Cannabis Bill Passes Senate

by Travis C | Jun 6, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Marijuana, Medical Marijuana, Politics

North Carolina medical cannabis legalization

A North Carolina medical cannabis bill was passed by the state Senate last week following its clearing of a key Senate committee just one day prior. The legislation passed the full chamber with a 35-10 vote.

Sponsor of the bill, Sen. Bill Rabon (R) is hopeful that the bill will help those seeking relief toward the end of their life.

“This bill is going to, in my opinion, help a lot of people at the end of their life at a time that they need some compassion,” Rabon said on the floor ahead of the vote.

Rabon is a cancer survivor himself. He believes that medical cannabis can help people “at a time that what few days, or what little time they have left, should be as comfortable and as easy as they can be.”

“I think it is our duty as lawmakers to pass legislation that helps people who need our help,” Rabon said.

However the medical cannabis bill is not in the clear yet. It still must pass through one final vote on the third reading of the bill. If it passes again it will then move on to the House of Representatives.

The NC Compassionate Care Act in its current state would enact a highly restricted medical cannabis program. Those that qualify for the program must have a condition such as cancer, epilepsy, HIV/AIDS, Parkinson’s, multiple sclerosis and PTSD to be eligible.

Patients would be permitted to possess up to one and half ounces of cannabis, but home growing would not be allowed. Edibles or “cannabis-infused” products would be allowed in various forms, and smoking and vaping would be permitted.

However the consumption method must be prescribed by a doctor for specific delivery and dosages. Patient eligibility would be reconsidered on an annual basis.

The bill would permit just 10 medical cannabis suppliers who would control the cultivation and sale of cannabis. Each operator would be permitted four dispensaries for 40 total across the state.

Under the current revision, a Compassionate Use Advisory Board would be established. This board would have the ability to add more qualifying conditions for the program that could make access easier for more patients in the future.

Additionally a Medical Cannabis Production Commission would be created to ensure that supply does not run out for patients. The Commission would also oversee licensing and generate revenue to regulate the medical cannabis program.

Lastly the bill will provide protections for patients. Employees and agents of the state would be required to treat possession of cannabis for qualified patients the same as any other prescribed controlled substance.

There are still additional amendments under consideration that may impact the third reading of the bill. Over 80% of North Carolina voters support medical cannabis, with 60% supporting full recreational legalization.

Rhode Island cannabis legalization signed into law by governor

by Travis C | May 26, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Marijuana, Politics

Rhode Island cannabis legalization passed

Rhode Island has become the 19th state in the US to legalize cannabis for recreational use after Governor Dan McKee signed new legislation on Wednesday May 25.

Less than 24 hours after the state legislature unanimously passed the legalization bill, McKee signed it into law. The Rhode Island Cannabis Act would allow adults over 21 to buy, possess and grow their own cannabis at home.

Adults will be allowed to grow up to six plants, and cannabis purchases will be limited.

The law will also introduce expungements of past criminal records related to cannabis, depending on the severity of the charge. Taxes from legal cannabis sales will be re-invested into communities disproportionately impacted by cannabis prohibition.

Rep. Scott Slater, whom drafted the revised legislation that was passed, said the bill won’t please everybody.

“Frankly, no bill could do that,” he said. “So in the many years it has taken to get this bill to this point, we have learned from other states that legalized cannabis, and we know that they too must address issues each year and modify the original statute to address new issues that occur. We will be no different.”

McKee appears to have full support for the legal cannabis industry and the equity it intends to implement.

“Today I signed the Rhode Island Cannabis Act, legalizing and safely regulating cannabis in our state. This bill successfully incorporates our priorities of making sure legalization is equitable, controlled, and safe.”

He continued, “The end result is a win for our state both socially and economically.”

The Rhode Island Cannabis Act calls for retail cannabis sales to begin December 1st of this year, however it is unlikely that any retail cannabis stores will be licensed and open by that time. Additionally, unless growers are licensed and permitted to produce cannabis for retail in the next couple of month, it is unlikely there will be any product to put on shelves should stores open in December.

Governor Vetoes Delaware Cannabis Legalization Bill

by Travis C | May 25, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Politics

Delaware cannabis legalization vetoed by governor

Delaware Gov. John Carney announced Tuesday that he would veto the state Legislature’s historic passage of a bill fully decriminalizing possession of small amounts of marijuana.

Cannabis possession of small amounts has been partly decriminalized in the state since 2015, when the state legislature made possession a civil infraction with a $100 fine. House Bill 371 would go further by removing “all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age,” as well as eliminating penalties for people over 21 who transfer one ounce or less of marijuana “without remuneration.”

While Carney said that he supports medical cannabis and decriminalization, but claimed “long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns” as his reason for not approving the measure.

Legislators who fought for the bill’s passage are dismayed by the veto. Rep. Ed Osienski (D–Newark) said in a statement that he is “deeply disappointed” with the outcome, “especially since [Carney] could have allowed the bill to become law without his signature, which would have preserved both his personal opposition and the will of the residents and legislators.”

Osienski also said that preventing legalization is not going to stop people from seeking out cannabis illicitly. They will just be punished for it.

Former Rep. Patrick Kennedy (D–R.I.) framed Carney’s veto as a stand against Big Tobacco, saying “[t]oday is a win for public health, the citizens of Delaware, and common sense. Political leaders in Delaware have a rich history of standing up to Big Tobacco and marijuana is simply Big Tobacco’s new marketing strategy.”

H.B. 371 was introduced by Osienski in March. It passed in the Delaware House and Senate earlier this month. It was introduced alongside H.B. 372, which would have set up a tax-and-regulate system with licenses for sellers and growers. However, the latter bill was defeated this week by just two votes. If H.B. 371 were to become law without H.B. 372, it’s conceivable that Delaware could develop a “gifting” retail economy similar to the one used in Washington, D.C.

Delaware cannabis law passes Legislature, waits on Governor

by Travis C | May 17, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Marijuana, Politics

Delaware cannabis bill headed to governors desk

A bill that would allow personal possession of cannabis for adult-use in Delaware has passed through the legislature. However the state’s governor has already said he does not support cannabis legalization.

Delaware’s Senate gave final approval to the bill legalizing possession of up to one ounce of marijuana by adults for recreational use in the second week of May. The legislation cleared the Senate 13-7 with the vote holding on party lines.

Sen. Bruce Ennis of Smyrna, a retired state trooper, was the only Democrat joining Republicans in opposing the bill. The bill passed the Democrat-controlled House on a 26-14 vote the week before.

Now the bill heads to the desk of Governor John Carney (D) who has expressed his opposition to legal cannabis in the past.

However he hasn’t spoken specifically on whether he would sign a legalization bill that made it to his desk.

“We’ll review the bill, but the governor’s position hasn’t changed,” Carney spokeswoman Emily David said after the vote.

Delaware cannabis laws currently impose a $100 fine for possession of an ounce or less if the user is 21 or older. The new legislation, if passed, would remove this provision.

Anyone under the age of 21 would still receive a civil penalty for possession, and public consumption and possession of more than one ounce would remain a misdemeanor. While the new bill would legalize possession, consumers would not be allowed to directly sell cannabis to other consumers.

However consumers will be allowed to “transfer” cannabis products between each other legally. Without a regulated industry to go along with it, this bill’s passing would likely lead to a gift/donation industry similar to Washington DC.

Cannabis was legalized in DC in 2015, however legislative barriers prevent a regulated industry from being established. There is now a thriving grey market that operates through a gifting and donating loophole in the law.

A separate bill to establish and regulate a recreational cannabis has also passed through two House committees and is awaiting consideration by the full chamber. Sen. Trey Paradee, the chief sponsor of the bill, has said that he would want his bill which already passed through the legislature to be vetoed should the partner legislation for a regulated industry not make it through as well.

Whether the governor will wait for the partner legislation to pass before deciding on the initial bill or not is yet to be seen. However without a legal industry framework to support it, in addition to the governor’s voiced opposition to legal cannabis, the odds of either bill passing in the near future seem unlikely.

Connecticut cannabis gifting law pushed forward by lawmakers

by Travis C | May 2, 2022 | 420 Culture & Travel, Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Industry News, Legalization, Politics

Connecticut cannabis gifting could be banned

The underground Connecticut cannabis gifting community could be in for some trouble is legislators in the state get their way.

In a 98-48 vote, the Connecticut House of Representatives pushed forward legislation that would fine anybody who host a cannabis gifting event up to thousands of dollars. During the session, others argued that legalizing cannabis in Connecticut at all was a mistake that should be reverted.

Suffice to say there is disagreement in the legislature about the future of the industry in Connecticut, and it is going to have an impact on the industry there.

As it currently stands, cannabis is legal to possess for adults in Connecticut. However recreational cultivation for personal use won’t be an option until July 2023, and there is no regulated industry to speak of in the state.

In other words, cannabis is legal. It just can’t be grown recreationally or bought anywhere unless you’re a licensed medical cannabis patient. This has predictably created an underground market for those looking to obtain cannabis for personal consumption without a medical card.

What is cannabis gifting?

Cannabis gifting is by no means a new practice. It also isn’t exclusive to just Connecticut.

For example Washington D.C. legalized cannabis in 2015, but still doesn’t have a regulated industry due to barriers put in place by politicians during the legislative process. Now there is a thriving cannabis gifting industry in DC, with small shops tucked away across the city. There you can pay $45 for a sticker and receive an eighth of cannabis as a “gift”.

The donation/gifting method acts as a loophole under most cannabis laws that prohibit the illicit sale of cannabis outside of a licenses retailer. By gifting cannabis instead, it technically isn’t being sold and can’t be prosecuted.

It isn’t difficult to see why politicians would not be in favor of such a practice.

But with the current laws and delays in Connecticut, it was inevitable.

Some legislators are shaping the new bill not as a total restriction on cannabis gifting, but just organized events according to Democrat Rep. Michael D’Agostino.

“For right now, these bazaars are a way around the regulated marketplace,” D’Agostino said. As co-chairman of the legislative General Law Committee, he stressed that the bill would not prohibit true gifting events in which friends or acquaintances exchange or give each other cannabis without commercial transactions.

The legislation was originally proposed in response to events like the High Bazaar. There more than 1,000 visitors paid $20 or so to enter a warehouse in an industrial zone, where dozens of vendor tables would display cannabis in various forms, exchanging cash or other items of value for cannabis products.

Under the bill, those who sponsor these large gifting parties could be fined $1,000 by the state Department of Emergency Services and Public Protection, and as much as $1,000 by local officials. The legislation isn’t entirely bad however.

The legislation also includes provisions to end the annual fees required of patients in the medical-marijuana program, saving patients about $5 million a year starting July 1, 2023. It would also permit physicians to write medical cannabis prescriptions, which would save patients more money and time.

The law also includes provisions strictly limited billboard advertising for cannabis companies, and completely bans it for out of state brands. Lastly, current cannabis cultivators would be allowed to undertake two more joint ventures, and towns and cities that are willing to host cannabis businesses, can now decide which businesses and how many could locate to their area.

Overall the legislation would appear to have more good than bad, with the main negative being the impacts on large cannabis gifting events. Small gathering of friends gifting each other cannabis products will still be allowed without repercussion. Medical cannabis patients will have quicker and more affordable access to their medicine, and in-state retailers will no longer have to worry about out of state competition.

Virginia recreational cannabis could be going up in smoke

by Travis C | Apr 18, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Growing, Industry News, Legalization, Marijuana, Medical Marijuana, Politics

Virginia recreational cannabis dispensaries

When Glen Youngkin was elected Governor of Virginia after a heated race in 2021, many cannabis advocates began to question the future of Virginia recreational cannabis. Despite legalizing cannabis for recreational use earlier in the year, the state has yet to get the industry rolling in any real way.

It isn’t uncommon for a state to take more than a year or two to establish their regulatory framework and begin adult-use sales. However in Virginia’s case, cannabis was legalized by a Democrat governor, who was soon replaced by a Republican.

Youngkin holds a different view on cannabis compared to his predecessor, and now those views have begun impacting the future prospects of a recreational cannabis industry in Virginia.

On April 7, 2021, Virginia became the first state in the South to begin the process of legalizing adult-use cannabis. HB2312 (Herring) and SB1406 (Ebbin; Lucas), introduced by Governor Northam and passed by the 2021 General Assembly, lay out a three year process to legalize cannabis and create a regulatory framework for the sale of the product.

However while a recent General Assembly session saw lawmakers increase accessibility for medical cannabis patients, it failed to expedite Virginia recreational cannabis sales, and added new penalties for cannabis possession. So what happened?

The original bill as previously mentioned included a three-year timeline to implement regulations and framework for a recreational cannabis industry. The latest General Assembly session was voting on whether to shorten this timeframe, which would have expedited retail cannabis sales to this September.

However with the latest amendments to the original bills, it is unlikely that a Virginia recreational cannabis industry will be open by the original 2024 deadline.

Lobbyists influenced Virginia legislators into believing that it is safer for several large corporations to produce the products rather than having hundreds of small batch operations, according to Happy Trees co-founder Josiah Ickes. Happy Trees is a garden store supplying cannabis growers in the state.

“We have all these small breweries in Richmond,” Ickes said. “It would be kinda like if we said: ‘Oh, well look at all these small breweries, they need to go away because we don’t know if they’re creating safe beer.’”

Virginians will still be able to possess up to two ounces of cannabis flower for personal use without penalty. For comparison, in Colorado where cannabis has been legal since 2012, consumers are only allowed one ounce in their possession at a time.

Those who aren’t waiting for a legal cannabis industry to open up also have the option to grow their own cannabis. With the current framework and delay of a recreational industry, it is likely that a gift/donation industry will begin to develop in Virginia.

Coincidentally Virginia borders Washington, D.C., where cannabis is also legal but has no established industry. DC now has a thriving gift/donation industry where consumers will donate a certain amount in exchange for a gift (in the form of cannabis), creating a loophole where technically there isn’t a “sale” of cannabis happening.

There have been plenty of efforts to shut down this grey area industry, but efforts thus far have failed. With a successful market right next door, Virginians are likely to replicate these practices so people can still buy and sell their cannabis without technically breaking the law.

One of the positives to come out of the latest General Assembly meeting was regarding medical cannabis patients and their access to the products they need. Governor Youngkin recently signed new legislation which eliminated the requirement to register with the state Board of Pharmacy before being approved to purchase medical cannabis products.

Would be Virginia medical cannabis patients already have to get a referral from a medical provider in order to get access to cannabis. The latest amendment would appear to be simply removing an unnecessary step for patients.

When lawmakers originally approved the sale of low-concentration THC oil for medical patients in 2019, the Board of Pharmacy issued just 1,377 medical cannabis cards. That number grew to 7,135 in 2020, and ballooned to over 33,000 in 2021. The Board has issued over 10,000 cards from January to April 2022 already.

Brandy, a resident of Richmond, VA began smoking cannabis at age 15. Now 37, she grows plants in her home. Citizens can grow up to four plants legally per household.

Brandy has a state-approved prescription for cannabis to treat anxiety and bipolar disorder, but said she prefers growing cannabis as opposed to going to a dispensary, because it’s cheaper. Health insurance does not cover medical cannabis.

“In Virginia, it really sucks,” Brandy said. “You go in and they have the little half gram carts, and it’s $65.”

With a retail market still not established, Brandy said she prefers growing her own supply versus buying illegally from a dealer.

“This way I know exactly what goes in it,” Brandy said. “It’s all organic product, there isn’t chemicals in it.”

Currently there are only four state-licensed medical cannabis companies that can provide cannabis to patients in five health districts across Virginia. There are still several health districts that don’t have a single dispensary, making patients have to travel long distances to get their medicine.

Limited access, expensive pricing and the lack of a legal industry has put Virginia on a path that is leaving many unsure of the future of Virginia recreational cannabis. One can safely assume that there won’t a regulated, adult-use cannabis industry in the state until at least 2024.

However one can also expect to start seeing some semblance of an underground, grey market cannabis industry develop as consumers find ways to sell and purchase recreational cannabis without breaking the specific rules of the law.