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Kentucky lawmaker proposes decriminalizing cannabis possession and use

Kentucky lawmaker proposes decriminalizing cannabis possession and use

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.

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

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

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.

Florida Bill Would Regulate Delta-8 and Overhaul Medical Cannabis

Florida Bill Would Regulate Delta-8 and Overhaul Medical Cannabis

Florida bill would regulated Delta 8 THC and overhaul medical cannabis industry
A Florida bill seeks to place strict limits on delta-8 THC and overhaul the state’s medical cannabis program, which would include a new cannabis oversight agency and new rules preventing the sale of dispensary licenses for monetary gain.

bill in Florida would place strict limits on THC potency of synthetic and hemp extracts, such as delta-8 THC, and include other reforms to the state’s medical cannabis law, Florida Politics reports. The bill’s sponsors, Democratic Rep. Andrew Learned and Republican Rep.

Spencer Roach describe the proposal as the “first major update” to the state’s medical cannabis statute since voters approved the reforms five years ago.

Under the proposal, sales of hemp products designed for consumption, including delta-8 products, would only be permitted to individuals 21-and-older.

Additionally, the measure would increase the terms of medical cannabis patient licenses and the time between required doctor appointments, which the bill sponsors say combined would cut an estimated 60% of the cost of participation in the medical cannabis program.

It would also remove physician appointments for medical cannabis patient recertification under specific guidelines, allow recertification via telehealth, end the practice of selling medical cannabis dispensary licenses for monetary gain, create new industry testing requirements, and increase the transparency of state regulations.

Under the proposal, the course required by Florida for physicians that recommend medical cannabis would triple from two to six hours.

The bill was introduced on Monday November 29, but has not yet been moved to any committee.

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South Dakota issues first medical cannabis patient cards

South Dakota issues first medical cannabis patient cards

South Dakota issues first medical cannabis patient cards

South Dakota has printed and issued the first medical cannabis patient cards and the state’s Department of Health remains confident in its capability to adjust to demand increases.

Daniel Bucheli, spokesman for the South Dakota Department of Health, said the department’s ability to handle an influx of applications is due to the months of preparation that have gone into the medical cannabis program.

“We advise medical cannabis patients to have all their information at the ready to be submitted after their provider has issued their written certification,” he said.

The Department of Health has 15 days to process a patient medical card application from the day received, Bucheli said.

“At this time, we’ve received a handful of applications and dozens of provider enrollments. We are working on those now, and they will all be processed in accordance with the timelines established in state law,” he added.

A patient must first schedule an appointment with their physician. Then a determination is made by the physician whether the patient would benefit from the therapeutic or palliative use of medical cannabis for their condition. If yes, a medical certification is issued through the online portal for the patient. Physicians must create an account at medcannabisapplication.sd.gov to provide written certifications.

The patient will them receive an email to create an account on medcannabisapplication.sd.gov. Once compete, the patient must wait for DOH approval. Some applications, including minor patient applications, require caregivers to be registered. Caregivers will receive an email to create an account on medcannabisapplication.sd.gov.

Once complete, the caregiver must wait for DOH approval. Once the patient or caregiver gets DOH approval, a medical cannabis card will be mailed to the patient or caregiver. The cardholder may then purchase cannabis from a certified dispensary.

Michigan Cannabis Recall May Affect $200M In Cannabis Products

Michigan Cannabis Recall May Affect $200M In Cannabis Products

Michigan cannabis regulatory agency has recalled products impacting 400 retail locations across the state

In the largest product recall since the state legalized cannabis in 2019, the Michigan cannabis regulatory agency (Marijuana Regulatory Agency) has recalled enough products to impact over 400 retail locations around the state.

While the exact amount of products that are being recalled hasn’t been specified, the Marijuana Regulatory Agency (MRA) recalled all marijuana flower product that passed safety testing at Viridis Laboratories between Aug. 10 and Nov. 16. The agency released a full list of all locations impacted by the recall after calling lab test results “inaccurate and/or unreliable” in a notice issued just before 5 p.m. on Wednesday November 17, but provided no further explanation.

The recall Michigan cannabis recall only impacts flower products

“While we strongly disagree with this decision and firmly stand by our test results, we are fully cooperating with the MRA and working closely with our customers to minimize interruptions and retest affected products at no cost,” Viridis said in a prepared statement. “We have been cleared to continue testing at both of our state-of-the-art facilities. We look forward to continuing to serve our amazing customers using the best, most cutting-edge scientific methods available so we can fulfill our mission of promoting the health and safety of patients and adult-use consumers.”

According to a notice sent out by the MRA, customers who have the recalled product should return it to the retailer they purchased it from “for proper disposal.” “Consumers with weakened immune systems or lung disease are at the highest risk for health-related incidents such as aspergillosis, which can impact lung function, if these potentially harmful products are consumed,” the agency said Wednesday evening.

All Michigan cannabis products are required to have safety labels that contain the date product passed testing and the lab where it was tested. Viridis Laboratories, founded by former Michigan state police forensic scientists, operates labs in Bay City and Lansing. The license identification numbers for Viridis labs that should appear on labels are: “SC-000009, AU-SC-000113″ and “SC-000014, AU-SC-000103.”

The MRA is giving retailers holding the defective product three options: destroy the product and send the agency proof, resubmit the products for testing, or send the products back to the original source to be retested as part of a larger batch.

New Jersey Cannabis Regulatory Commission explains how cannabis licensing process will work

New Jersey Cannabis Regulatory Commission explains how cannabis licensing process will work

The new jersey cannabis regulatory commission explained the licensing process

The state’s Cannabis Regulatory Commission (CRC) will begin accepting applications for recreational cannabis businesses beginning on Dec. 15.

At today’s New Jersey State League of Municipalities Conference in Atlantic City, the chair and executive director of the CRC  discussed application and licensing rules and processes, including the types of businesses that will initially receive priority review of applications.

Before a packed conference room at the Atlantic City Convention Center, Dianna Houenou, CRC chair, said two types of recreational cannabis licenses will be given: conditional and annual. 

“The annual license is the bread and butter of what we typically think of when someone is applying for a license. It gives business owners the authority to operate the cannabis operation year round,” Houenou said.

The newer conditional license delivers more of a provisional approval from the CRC. This is a license the commission can issue to applicants even if they haven’t identified a property and still have to work with a municipality in order to get necessary approvals and processes in place.

“The conditional license is meant to give applicants extra time to get all of their ducks in a row. … They then have 120 days to meet the additional requirements for the annual license,” Houenou commented.

Whether conditional or annual, the types of cannabis licenses are classified into six operational groups: cultivation, manufacturing, wholesale, distribution, retail and delivery services. Additionally, testing labs also have to be licensed by the CRC.

Within these groups, businesses can have additional designations, which are more of a description of ownership and size of operations. 

According to Houenou, they are: microbusinesses (smaller operations, constrained by statute with respect to size, the amount of products handled, and the number of employees); social equity businesses (owned by people who have lived in economically disadvantaged areas or who have past convictions for cannabis offenses); diversely-owned businesses (minority-owned, woman-owned, or disabled veteran-owned businesses certified by the New Jersey Department of Treasury); and impact zone businesses (municipalities with a large population, high unemployment rate, or high numbers of crime or arrests for marijuana). 

The CRC will be giving priority review to conditional applications as well as social equity businesses, diverse and impact zone businesses.

Houenou explains: “If you look across the country, historically you can see how the need for property control has posed a barrier for a number of applicants looking to operate [a cannabis] business. … We decided to lessen that burden as much as we could. So, we are prioritizing conditional license applications ahead of annual license applications.”

According to Jeff Brown, CRC executive director, the commission is not limiting the licenses it is granting at the state level, although it has the authority to do so. For now, he says, the goal is to let the market grow and develop.