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California cannabis companies warn of being at ‘breaking point’

by The Real Dirt | Dec 20, 2021 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Politics

California cannabis companies are struggling to operate under the state's strict regulations and high taxes

California’s cannabis industry is at a “breaking point.”

That’s the warning coming from 27 people who represent growing operations, dispensaries, retail outlets and industry organizations who want Gov. Gavin Newsom and state lawmakers to reduce taxes on cannabis.

The group issued an open letter to state lawmakers Friday and posted a petition on Change.org, which as of Monday morning had more than 750 signatures.

“It is critical to recognize that an unwillingness to effectively legislate, implement, and oversee a functional regulated cannabis industry has brought us to our knees,” the letter said, noting that the industry’s past reform pleas have failed. “We have collectively reached a point of intolerable tension, and we will no longer support a system that perpetuates a failed and regressive War on Drugs.”

The group issued its warning more than five years after California voters approved Proposition 64, allowing for the legal growth and sale of marijuana and other cannabis products for recreational use. Such sales began statewide on Jan. 1, 2018.

What the industry wants is a tax break, a lifting of the cultivation tax that growers have to pay as well as a three-year break from excise taxes. It also wants to see more retail shops open up throughout California; the state allows local municipalities to decide whether to allow for local sales.

“Excessive taxation, which compounds across the supply chain, makes our product 50% more expensive at retail than the illicit market. This has created an illicit market that is currently three times the size of the legal market,” the letter said.

The current framework is “rigged for all to fail,” the letter said.

“We need you to understand that we have been pushed to a breaking point and we will not remain on our knees. We will not stand for political interests to the detriment of our own livelihoods, the health of our citizens, the prosperity of our families and the state of California’s economy,” it said.

Newsom’s office issued a statement in response to the industry’s plea, saying that the governor sees the need for cannabis tax reform as well as other changes.

Read Full Story from Silicon Valley Business Journal

Malta becomes first EU country to legalize cannabis

by Travis C | Dec 15, 2021 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Legalization, Politics

Malta has become the first EU country to legalize cannabis

Adults will be allowed to carry up to seven grams of cannabis and grow four plants at home, but smoking it in public or in front of children will remain illegal.

Several other nations have similar plans; Germany, Luxembourg and Switzerland being three other EU countries considering legalization. While cannabis use and possession is permitted under certain circumstances in the Netherlands, cannabis isn’t officially legal.

Malta’s parliament voted to legalize cannabis on Tuesday, December 14, 2021 with 36 members voting in favor and 27 against.

Equality Minister Owen Bonnici said the “historic” move would stop small-time cannabis users from facing the criminal justice system. A legal cannabis industry would also “curb drug trafficking by making sure that users now have a safe and regularized way from where they can obtain cannabis”.

However, Malta’s opposition Nationalist Party voted against the new law, claiming an increase in illegal market sales will be the result.

In October the group’s leader Bernard Grech — who initially supported the new law — warned it would “only lead to the strengthening of the illegal market, with organized crime taking advantage,” according to The Times. Opponents have already called on Malta’s president, George Vella, not to sign it into law, which is the final, ceremonial stage.

Under the new law anyone carrying more than seven grams, but less than 28g could be fined up to €100 ($112). The punishment for smoking in public will be a €235 ($265) fine, and those smoking cannabis in front of anyone younger than 18 could be fined up to €500 ($560).

Associations will be set up to distribute the seeds to cultivate cannabis or the consumable version itself in order to regulate how much someone buys. A person can only be a member of one association.

The Malta cannabis law also includes support for minors who are found with cannabis. They will be recommended a care plan or treatment as opposed to facing arrest or criminal charges.

While the EU’s smallest member state, Malta is likely to be the first of a number of nations changing their cannabis laws after the UN last year reclassified cannabis to recognize its therapeutic uses.

Several countries in the EU have decriminalized cannabis for recreational or medical use under certain conditions including Spain and Italy more recently. Switzerland also has plans to implement a legal cannabis industry in the future, and Germany’s new government has announced plans to legalize the plant as well.

As the shifting narratives and stigmatization surrounding cannabis are broken down thanks to more scientific research and studies into cannabis that have been hindered for decades, more countries are beginning to recognize the potential therapeutic and recreational benefits of cannabis.

Kentucky lawmaker proposes decriminalizing cannabis possession and use

by The Real Dirt | Dec 3, 2021 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Politics

Kentucky cannabis decriminalization proposed by legislator

Kentucky adults would be able to use, possess and grow small amounts of cannabis under a pair of bills proposed for the upcoming legislative session.

The measures—one of which would amend the state Constitution—seek to decriminalize the personal use of cannabis, but wouldn’t create the system of licensed growers and retailers seen in other states that have legalized it.

Rep. Nima Kulkarni, a Democrat from Louisville and sponsor of the bills, said Kentucky is in a “confused place” because polling shows most voters are in favor of legalizing cannabis but lawmakers still won’t do it.

“We are in a shrinking minority of states that have no provisions for adult cannabis use. I think given the momentum it has nationally and statewide, I think we need to do something, and I think our voters want us to do something,” Kulkarni said.

According to a 2020 poll by the Foundation For A Healthy Kentucky, 59% of Kentuckians support legalizing cannabis for adults and 90% support legalizing it for medical use.

One of Kulkarni’s proposals would:

Eliminate criminal penalties for possessing or selling up to an ounce of cannabis and possessing cannabis paraphernalia
Allow people to grow up to five cannabis plants
Allow people to expunge their criminal records if they were convicted for possessing cannabis in the past.
Change the wording in state law from “marijuana” to “cannabis,” the scientific moniker for the plant.

Kulkarni’s other proposal would amend the state Constitution to give people the right to possess, use and grow cannabis as long as they are at least 21 years old.

Read Full Story on WKMS

Over 100 towns and villages opt out of New York recreational cannabis

by Travis C | Nov 30, 2021 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Industry News, Legalization, Politics

towns and villages opt out of New York recreational cannabis industry

As the pieces begin falling into place to allow the New York recreational cannabis industry to begin operations, some local towns and villages are saying no to legal weed.

New data provided by the Associations of Towns of New York State indicates that around 9% of communities have opted out of the zoning portion of recreational marijuana legalization. How many towns is that? Across the state there are 84 of them that have opted out of both retail sale of marijuana and on-site consumption of cannabis.

The same can be said for villages. Around 9%, or 46 villages in New York have opted out of the law, leaving potentially millions in revenue on the table as New York recreational cannabis expands across the state.

For towns and villages that opt out of the New York recreational cannabis program, businesses will not be able to open if they sell or allow patrons to consume cannabis in their establishments.

There is still time for towns and villages opt out, however it does not look like the majority feel the same as the hundred or so that have already. “At this point, it appears there is not a major wave of opt-outs sweeping across the state,” Chris Anderson, research director for the Association of Towns recently said.

“We expect to see some more activity, but it’s certainly pretty late in the game. We have a good indication now it will be a low opt-out percentage statewide.”

There are hundreds of towns and villages across New York state, with the 120+ that have opted out making up a very small minority. It is likely that these towns and villages will see their surrounding communities generate revenue from recreational business while they miss out.

The towns and villages that have opted out will still have the opportunity to opt in once the New York recreational cannabis industry takes off. However the window for more to opt out is closing as the state gets closer to implementing a legal industry.

New York Will Not Issue Adult-Use Licenses Until 2023

by The Real Dirt | Nov 3, 2021 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Politics

New York recreational cannabis licenses delayed until 2023

The head of New York’s Cannabis Control Board said last week she does not anticipate the state will begin issuing industry licenses until the spring of 2023 at the earliest.

The head of New York’s Cannabis Control Board said last week that she does not anticipate the state will begin issuing industry licenses until the spring of 2023 at the earliest, WXXI News reports. Tremaine Wright’s comments came during a cannabis conference at Comedy at the Carlson in Rochester.

“What we do control is getting (dispensaries) licensing and giving them all the tools so they can work within our systems. That’s what we are saying will be achieved in 18 months. Not that they’re open, not that they’ll be full-blown operations, because we don’t know that.” — Wright via WXXI

The state’s legalization law included a launch date of April 1, 2022, at the earliest and Gov. Kathy Hochul (D) only appointed members to the Cannabis Control Board in September. Hochul was not governor when lawmakers passed the broad legalization bill last March; she would replace Gov. Andrew Cuomo in August following his resignation over sexual misconduct allegations.

During the board’s meeting in late October, Wright declared the practice of “gifting” cannabis — including it with the purchase of another, often overpriced product — illegal and that violations could be met with “severe financial penalties.”

While state regulators have been slow to get the cannabis licensing process underway, adult-use cannabis sales have already commenced under the jurisdiction of several New York tribes, including the St. Regis Mohawks.

A bill has also been introduced that would allow licensed cannabis cultivators to start growing their crops prior to the launch of the formal program, creating provisional licenses that would allow businesses to operate if the Office of Cannabis Management doesn’t propagate program rules by January 1. That bill remains in the Senate Rules Committee.

Read Original Story on Ganjapreneur

Washington DC grey market could be going away

by Travis C | Nov 1, 2021 | 420 News, Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Legalization, Politics

Update 11/2/21: The provision to crack down on the grey market in DC was removed prior to voting on the overall bill on November 2, 2021.

Despite legalizing cannabis in 2014, Washington DC has yet to see a single legal sale of recreational cannabis. But that doesn’t mean the cannabis industry in DC isn’t thriving.

However that could all be changing after the DC Council will vote on a new measure on November 2, 2021.

During the peak of the COVID-19 pandemic in 2020, many Washington DC medical cannabis patients had their medical cards expire due to lack of government services. Patients must register through the Alcoholic Beverage Regulation Administration (ABRA) because there is no cannabis specific regulatory agency.

Under the current law, those seeking medical marijuana have to first get approval from medical practitioners registered with the ABRA, some of whom charge up to $200 a visit. To try and resolve the issue, Council Chairman Phil Mendelson introduced an emergency bill that aims to allow qualifying patients and caregivers whose registration cards expired or will expire between March 1, 2020 to Jan. 31, 2022 to continue purchasing, possessing and administering cannabis until Jan. 31, 2022.

However the emergency bill includes other measures that would severely cripple if not crumble entirely the grey market cannabis industry that is currently thriving in Washington DC. The same bill that aims to help medical cannabis patients also would enable city agencies and law enforcement to impose fines, revoke licenses, and shut the doors of non-authorized businesses engaging in buying, selling, or otherwise “exchanging” marijuana to its customers.

The Washington DC Grey Market

To understand the potential impact of this bill, it is important to understand how the “cannabis industry” operates in Washington DC. Despite legalizing recreational cannabis possession, cultivation and use in 2014, there is a rider put into the original bill preventing any funds from being spent on the establishment of a legal cannabis industry.

Because of this rider, known as the Harris Rider, there is no regulatory agency or current architecture for a recreational cannabis industry in DC. This hasn’t stopped the people of DC from starting their own underground “legal” cannabis industry that has grown exponentially since its inception.

Known as a “grey market” because it operates in a loophole of the current law, the cannabis industry in Washington DC operates entirely different from any other legal cannabis industry in the country. Here’s how it works:

A customer enters a smoke shop, hydroponic store, or finds an online delivery service
The customer must “donate” a certain fee for a product (i.e. $45 donation for a T-shirt)
The customer then receives a “gift” in the form of cannabis products (i.e. cartridge, flower, edibles)

It is that simple, but can be easier said than done in an underground industry that is entirely unregulated. This can lead customers to pay higher prices for smaller quantities of cannabis, with no way to judge the quality for themselves prior to purchase, mainly in the case of delivery services.

If Mendelson’s bill passes however, the entire grey market could be shut down in a matter of months. But if the 2022 Budget Proposal passes in its current state, it may not be all bad news.

Removing the Harris Rider

Although President Joe Biden does not support broad cannabis legalization on the federal level and left the Harris Rider in his 2022 Budget Proposal, legislators had a different idea. After the House of Representatives removed the Harris Rider in June 2021 passing it on to the Senate Appropriations Committee, Committee Chairman Patrick Leahy passed the bill through with more additions, but notably kept the Harris Rider out.

The slightly modified legislation also contains several other cannabis provisions, including a request to continue an existing protection for state medical marijuana laws, a call on the federal government to reconsider policies that fire employees for cannabis, criticism of the restrictive drug classification system that impedes scientific research and encouragement to develop technologies to detect THC-impaired driving.

If the 2022 Budget Proposal passes in its current state, the recreational cannabis industry would no longer be prohibited in Washington DC. In other words, the grey market would no longer be necessary. But in the case of Washington DC having a functional legal cannabis industry in 2022, that’s a big “IF”.