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Connecticut tries to crack down on cannabis gifting

Connecticut tries to crack down on cannabis gifting

cannabis gifting to be banned in Connecticut

Hundreds of shoppers filtered through rows of vendors selling novelty art and clothing earlier this year at High Bazaar, a Hamden festival where a “gift” of a marijuana product often accompanied the items they purchased.

But the High Bazaar parties are on hold for now, after the town of Hamden claimed permitting violations. And while a hearing in that civil case is scheduled for later this week, the state legislature is considering a bill that would outlaw such “gifting.”

House Bill 5329 would impose up to a $10,000 fine and a year of jail time on violators. Supporters of the legislation said it would help keep sales in the market regulated, although some hemp and cannabis advocates were wary that it would re-criminalize marijuana.

The bill also includes provisions to cap the number of equity joint ventures for producers and to outlaw billboard advertising. Equity joint ventures allow partnerships between social equity applicants and other cannabis businesses.

“We appreciate that gifting will go on between people in the privacy of their homes,” said Rep. Mike D’Agostino, a Democrat who represents Hamden. “An event that’s organized, that rents space and is really a market just violates the entire intent of the statute that we put in place last year.”

D’Agostino chairs the General Law Committee, which heard public comments on the bill Tuesday.

Cannabis gifting is a practice that’s been used in Washington, D.C., where recreational marijuana sales aren’t allowed but possession of less than 2 ounces has been decriminalized. Vendors sell consumers a product such as a T-shirt, and a cannabis product is included as a gift.

Republicans aim to restrict Oklahoma medical marijuana industry

Republicans aim to restrict Oklahoma medical marijuana industry

Oklahoma medical marijuana industry would be restricted under new legislation

Republicans in the Oklahoma House are unveiling a package of new restrictions on the medical marijuana industry.

The 12-point plan includes a standardization of lab testing and equipment, more inspections of grow facilities, separate licenses for marijuana wholesalers and stringent new reporting requirements for electric and water usage by growers. One proposal would also make the Oklahoma Medical Marijuana Authority a stand-alone agency, not a division of the Oklahoma State Department of Health.

“If you’re an illegal operator in Oklahoma, you’re time is up,” said Rep. Scott Fetgatter, an Okmulgee Republican and a member of the House Republican working group on medical marijuana.

The marijuana industry has been booming in Oklahoma since voters in 2018 approved one of the most liberal medical programs in the nation. It’s easy for patients to obtain a two-year medical license, and nearly 10% of the state’s population is now authorized to buy and use marijuana. Unlike other states, there also are no restrictions on the number of dispensary or grow licenses, and the low cost for entry into the industry has led to a flood of out-of-state pot entrepreneurs seeking to capitalize on the boom.

Tennessee Medical Marijuana Bill Introduced

Tennessee Medical Marijuana Bill Introduced

Tennessee medical marijuana bill would legalize medical cannabis

A bill introduced to the Tennessee General Assembly in early February that would legalize medical marijuana in the state has moved into the Senate Judiciary Committee for discussion. SB 2477 and HB 2458 were introduced by Reps. Janice Bowling (R) and Iris Rudder (R) respectively.

These bills together establish the framework for a regulated Tennessee medical cannabis industry. Patients with qualifying conditions would be able to purchase cannabis products from licensed retailers. Licensing and regulations for cultivation, production, distribution, transport, selling, and acquiring cannabis for medical use and research will be created.

Tennessee medical marijuana cards will be available to patients and caregivers. Patients and caregivers must be 18 years or older to obtain a medical marijuana card. However a caregiver may not use medical marijuana without having a qualifying condition themself. A Tennessee medical marijuana card will be valid for two years, with an option for renewal.

The bill requires a patient registry to be established by June 1, 2023. This includes application forms and procedures for obtaining patient and caregiver medical marijuana cards, and an integrated, electronic system for tracking the application process and the status of medical marijuana cards.The commission must ensure that a process is available for healthcare providers to electronically report a qualifying diagnosis as part of the patient medical cannabis card registry process by September 30, 2022.

This Tennessee medical marijuana bill will create the Tennessee medical cannabis commission, which will have 12 members. The Governor, Speaker of the Senate and Speaker of the House must make their initial appointments to the commission by August 30, 2022. However each member of the commission must meet specific, individual requirements which are as follows:

(1) One person with professional experience in industrial or agricultural systems management, including commodities, manufacturing, or distribution in a regulated industry;

(2) One person with professional experience in legal or social justice issues related to a regulated industry;

(3) One person with professional experience in public health, mental health, substance use, toxicology, biochemistry, or medical research and

(4) One person with professional experience in the field of law enforcement and peace officer standards (POST) certification;

(5) One person with experience in multiple crop development and agricultural practices;

(6) One person with experience in complex agriculture, health, science, business, or government systems;

(7) One person who is a licensed pharmacist; and

(8) One person with professional experience in the field of law enforcement and POST certification;

(9) One person with experience in public or rural land use management;

(10) One person who is a physician licensed to practice in this state;

(11) One person who is licensed to practice law in this state; and

(12) One person with professional experience in agricultural lending or banking or with state-chartered banks or credit unions.

Each member of the commission will receive $700 for each meeting of the commission that the member attends and will be reimbursed for their actual and necessary expenses incurred in connection with their official duties.

The bill also specifies that the state will regulate medical marijuana from seed to sale to use and reasonably regulate and control all aspects of industry. Any county or municipality seeking to ban the cultivation, processing, manufacture, or sale of medical cannabis may do so by a two-thirds vote of the local legislative body. This must be done by April 1, 2023.

Tennessee medical marijuana law will impose a 9% tax rate on retail medical marijuana sales, with an additional 2.1% maximum permitted from counties or municipalities. The bill also includes a 10% excise tax applied to net earnings.

Tax collected from the retail sale of Tennessee medical marijuana will be apportioned and allocated in the following manner:

(1) Five percent to the POST commission for opioid and methamphetamine drug enforcement training purposes;

(2) 25 percent to the department of agriculture for programs and grants administered by the department that facilitate agricultural development in this state, including, but not limited to, the agriculture enterprise fund and the Tennessee agricultural enhancement program;

(3) 20 percent to the department of economic and community development for community and rural development program grants administered by the department;

(4) 45 percent to the medical cannabis fund; and

(5) Five percent to the department of veteran’s services for programs administered by the department that provide treatment for veterans diagnosed with post-traumatic stress disorder.

Lastly, the bill will license medical cannabis cultivation operations which will be able to sell and distribute cannabis products to retail dispensaries. The bill currently does not include any cap on how many licenses may be given out for cultivations.

The bill will allow the following medical conditions to quality for Tennessee medical marijuana: cancer; glaucoma; epilepsy; HIV/AIDS; Crohn’s disease; muscular sclerosis; opioid addiction; renal failure; severe nausea or chronic pain and many more. The commission may, by rule, add other qualifying conditions at any point.

Read the full text of the bill here.

NY Gov. Hochul signs conditional cannabis cultivation bill

NY Gov. Hochul signs conditional cannabis cultivation bill

New York passes conditional cannabis cultivation licenses

With this legislation, NY is creating a new Conditional Adult-use Cannabis Cultivator license, allowing hemp farmers to grow cannabis in the 2022 growing season.

BUFFALO, N.Y. — New York Gov. Kathy Hochul signed new legislation on Tuesday that will allow hemp farmers in the state to apply for a conditional license to grow cannabis.

With this legislation, New York is creating a new Conditional Adult-use Cannabis Cultivator license, allowing hemp farmers to grow cannabis in the 2022 growing season. Conditionally licensed cannabis farmers must hit certain requirements under this law.

According to the governor’s office, some of the requirements include, “safe, sustainable and environmentally friendly cultivation practices, participation in a social equity mentorship program, and engagement in a labor peace agreement with a bona fide labor organization.”

“I am proud to sign this bill, which positions New York’s farmers to be the first to grow cannabis and jumpstart the safe, equitable and inclusive new industry we are building,” Hochul said. “New York State will continue to lead the way in delivering on our commitment to bring economic opportunity and growth to every New Yorker in every corner of our great state.”

Assembly Majority Leader Crystal Peoples-Stokes added, “Last year, after many years of fighting, we finally enacted the Marijuana Regulation and Taxation Act, and are beginning to undo the devastating impacts over 90 years of unequal enforcement of marijuana prohibition had on too many lives and communities. MRTA ensures that the legal adult-use market will be centered on equity and economic justice for communities of color and individuals that have been harmed most by the War on Drugs in the State of New York. With the passage of this bill, we have the opportunity to create a responsible start to the adult-use cannabis industry by authorizing temporary conditional cultivator and processor licenses to current New York hemp farmers. This authority will help secure enough safe, regulated, and environmentally conscious cannabis products to meet the demand of the adult-use cannabis market when retail dispensaries open. Importantly, this legislation calls for a Social Equity Mentorship Program, which will create a viable and inclusive path for social and economic equity partners interested in cannabis cultivation and processing to gain invaluable knowledge and experience in this emerging industry. The temporary conditional licenses authorized by this bill will ultimately help realize the vision and goals of the MRTA.”

South Carolina medical marijuana bill approved by Senate

South Carolina medical marijuana bill approved by Senate

South Carolina medical marijuana bill

A South Carolina medical marijuana bill pre-filed in late 2020 has finally been approved by the Senate, and will now go on to the House of Representatives for consideration.

The Compassionate Care Act was passed in the Senate on its third reading February 10. Initial passage was expected a day prior following a bipartisan vote to advance the bill, however Thursday’s voice vote means the legislation will be formally transitioned to the other body.

Passed through the Senate Medical Affairs Committee in March 2021, the bill was blocked by a lone senator who prevented it from reaching the chamber floor. Republican Sen. Tom Davis has been the driving force behind the Compassionate Care Act, and doubled his efforts following the blockage in 2021 to get it across the finish line.

The state’s Governor Henry McMaster, also a Republican, said earlier in the week that it is still too soon to comment on the proposal. “This is on that’s going to depend on a lot of things,” he told a local station. McMaster added that he would be waiting for the final version before deciding whether or not to sign off on it if the bill hits his desk.

As it stands, the current bill would allow patients with qualifying conditions to possess and purchase cannabis products from licensed dispensaries. Smokable products, as well as home cultivation of cannabis by patients or their caretakers, would be prohibited. Simply possessing the plant form of cannabis could be punished as a misdemeanor.

Qualifying conditions for medical cannabis include cancer, multiple sclerosis, epilepsy, glaucoma, Crohn’s disease, sickle cell anemia, ulcerative colitis, cachexia or wasting syndrome, autism, nausea in homebound or end-of-life patients, muscle spasms, post-traumatic stress disorder (PTSD). The bill would also allow access for patients with “any chronic or debilitating disease or medical condition for which an opioid is currently or could be prescribed by a physician based on generally accepted standards of care.” An example of this would be severe or persistent pain.

If the South Carolina medical marijuana bill were to pass and be signed into law, purchases of medical marijuana would be subject to the state’s 6% sales tax. Local jurisdictions would also be able to levy an additional tax. The state also has plans to handle dispensaries differently as it stands currently.

Rather than traditional dispensaries that are found in other states, the South Carolina medical marijuana bill calls them “pharmacies” instead. This is because the sites would be required to have a pharmacist on the premises at all times, and the South Carolina Board of Pharmacy would oversee business regulations.

Those with felony drug convictions would be barred from participating in the industry for 10 years under the Compassionate Care Act. In an effort to prevent a multi-state operator takeover, the state would also give priority to in-state businesses when the time for licensing comes.

The initial rollout would approve 15 cannabis cultivators and 30 processing facilities. A cannabis pharmacy will be licensed for every 20 pharmacies in the state, and five testing labs and 4 transport licenses will be given out.

75% of tax revenue collected from South Carolina medical marijuana sales would go into the state’s general fund. An additional 10% would go to drug abuse treatment services, 5% to state law enforcement and the rest will be diverted to cannabis research and education.

A February poll found that voters approve of South Carolina medical marijuana by a five to one ratio. Rep. Davis said last year that if the legislature didn’t advance the reform, he’d propose a bill to put the question of medical marijuana legalization to voters through a referendum.