legalization Archives - The Real Dirt with Chip Baker

First Standalone Cannabis Bill Headed to Biden’s Desk

by Travis C | Nov 17, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Marijuana, Medical Marijuana, Politics, Science & Technology

cannabis legislation passed through congress

The first ever standalone cannabis bill to pass through the House of Representatives and the Senate is now headed to President Joe Biden’s desk. The Medical Marijuana and Cannabidiol Research Expansion Act passed through the House in July of this year, and was unanimously passed in the Senate on November 17.

The bill’s passing is the first time a standalone cannabis bill has been passed through Congress.

Under the bill should it pass, researchers would be able to obtain cannabis samples from sources besides the University of Mississippi. The university is currently the only federally approved source for cannabis specifically for research purposes.

Cannabis itself is not fully legal medically or recreationally in Mississippi, with CBD usage permitted for medical purposes. Recreational cannabis possession still carries civil penalties including fines and potential jail time.

Additionally the bill would require the Drug Enforcement Agency (DEA) to assess the availability of cannabis for research and allow doctors to discuss the potential benefits and risks of medical cannabis with patients. The Department of Health and Human Services (DHHS) will also be required to study the benefits and harms of cannabis.

The passing of this bill could be seen as convenient timing following President Biden’s recent announcement of expunging and releasing roughly 6,500 individuals in federal prison for cannabis possession. In that same announcement, Biden encouraged the DHHS to review the current scheduling of cannabis for potential adjustment.

As it stands, cannabis is listed as a Schedule 1 substance under federal law which means it has no accepted medical value, is at high risk of causing addiction, and is on par with other substances like heroin, bath salts and MDMA.

Should Biden sign the bill into the law, which seems likely, it would become even easier for the DHHS to review the potential benefits of cannabis which can influence their decision to reschedule or even de-schedule the plant altogether.

What is the Cannabis Administration and Opportunity Act?

by Travis C | Jul 22, 2022 | 420 News, Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Legalization, Marijuana, Politics

Cannabis Administration and Opportunity Act introduced

Senators Cory Booker, Chuck Schumer and Ron Wyden have introduced a bill that would legalize and regulate cannabis at the federal level.

The Cannabis Administration and Opportunity Act (CAOA) is a comprehensive legislation that would end federal cannabis prohibition by removing cannabis from the Controlled Substances Act. The CAOA would also empower states to create their own cannabis laws; ensure federal regulation protects public health and safety; and prioritize restorative and economic justice.

The bill was initially introduced as a discussion draft in 2021, and after receiving over 1,800 comments, the senators made adjustments and additions to the bill before introducing it this to the chamber this week.

The restorative justice aspect of the bill would help undo the decades of harm caused by the failed War on Drugs, ends discrimination in the provision of federal benefits on the basis of cannabis use, provides major investments for cannabis research, and strengthens worker protections. By decriminalizing cannabis at the federal level, the CAOA also ensures that state-legal cannabis businesses or those in adjacent industries will no longer be denied access to bank accounts or financial services simply because of their ties to cannabis.

“As more states legalize cannabis and work towards reversing the many injustices the failed War on Drugs levied against Black, Brown, and low-income people, the federal government continues to lag woefully behind,” said Sen. Booker. “With strong restorative justice provisions for communities impacted by the drug war, support for small cannabis businesses, and expungement of federal cannabis offenses, this bill reflects long overdue, common sense drug policy. I am proud to have partnered with Senators Schumer and Wyden to introduce this critical legislation. The support that we have received from committee chairs and outside groups underscores the historic nature of this bill and the urgent need for Congress to pass it.”

The Cannabis Administration and Opportunity Act has several goals, including protecting public health and safety, and prioritizing restorative and economic justice. This would be done by implementing safeguards like track-and-trace and purchase limits on retail cannabis for the former. Expunging federal cannabis convictions and encouraging states to do the same would be an initial step for the latter objectives.

It would be made easier for more individuals to get involved in the legal cannabis industry by expanding access to loans and capital for entrepreneurs, especially those impacted by the war on drugs.

The regulation and taxation of cannabis would be implemented by transferring jurisdiction over cannabis from the Drug Enforcement Agency (DEA) to the Alcohol and Tobacco Tax and Trade Bureau (TTB). The regulatory framework would be similar to alcohol and tobacco while supposedly recognizing the unique nature of cannabis products.

By default, federal banks would now be permitted to freely do business with legal cannabis businesses without fear of prosecution from the government. Further, cannabis businesses would actually be allowed to claim tax deductions for business expenses, which currently isn’t an option in most states.

One of the last main objectives of the Cannabis Administration and Opportunity Act is to encourage cannabis research which has been severely lacking for decades. The CAOA would require more federal research into the impacts of cannabis on health and public safety.

The bill would also establish clinical trials through the VA to study the effects of medical cannabis on the health outcomes of veterans, compile industry-related data and trends, and establish grants for cannabis research.

For employees, federal drug testing for cannabis would be removed as well as random testing for cannabis. However certain “sensitive categories” of federal employees could still be drug tested. This includes those working in national security, law enforcement and commercial transportation.

Regular industry employees would also get worker protections.

There is no current timeline on when the bill we be held to a vote in the Senate. The SAFE Banking Act which aimed to only allow legal cannabis businesses in states access to federal banking, has been shot down in the Senate several times.

Mississippi medical cannabis industry to launch July 1

by Travis C | Jun 28, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Legalization, Marijuana, Medical Marijuana, Politics

Mississippi medical cannabis legalization

After months of lengthy legal battles, legislation effectively legalizing cannabis for medicinal use in Mississippi will become law on July 1, 2022. The Mississippi Department of Revenue will be running the licensing process.

The agency has said that it will begin accepting applications for dispensaries starting July 5. Patients and medical practitioners will be able to begin applying for applications and registrations on July 1, along with some cannabis production licenses. These licenses specifically will be handled by the Mississippi Department of Health (MSDOH).

Both agencies’ responsibilities stem from the Mississippi Medical Cannabis Act (MMCA), which was passed in February of this year. Medical cannabis legalization was delayed by nearly a year in the state after a voter initiative to legalize, Initiative 65, was overturned by the Mississippi Supreme Court in May of 2021.

Now patients with conditions covered under the MMCA can go to their physician and complete a medical certification from the MSDOH. If approved, patients will be able to apply to join the medical cannabis program. Once accepted they will receive patient ID they can use to purchase cannabis from a licensed dispensary.

While patients may be accepted as early as next month, plants won’t go in the ground in Mississippi until the bill is officially law, i.e. July 1. With dispensary applications being accepted starting July 5, it will certainly be several months before we see any dispensaries open with cannabis product on their shelves.

Estimates claim that purchasing could begin by December this year, or January 2023.

For those seeking a license, the state plans to hand them out within 30 days of receiving a completed application, meaning dispensary construction could begin within the next two months. The state is also accepting applications for a variety of other medical cannabis industry licenses:

Cultivator/Grower
Processor/Wholesaler
Transporter (local freight)
Transporter (long distance)
Testing Facility
Waste Disposal

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.

New Jersey recreational cannabis sales finally begin

by The Real Dirt | Apr 21, 2022 | 420 Culture & Travel, Blog, Business, Cannabis Business, Cannabis News, Culture, Industry News, Legalization

New jersey recreational cannabis sales have started

Thursday April 21, 2022 marks the first day that recreational cannabis can be sold to consumers in New Jersey. Doors opened at the first dispensaries at 6 AM, with lines wrapping around the block.

“It’s a huge event. It’s a moment in time in American history where prohibition 2.0 is lifted,” said Ben Kovler, the chairman and CEO of Green Thumb Industries, which has two facilities opening Thursday, one in Bloomfield and another in Paterson.

However the industry isn’t fully taking off just yet. Just over a dozen “alternative care providers” in the state that were already providing medical cannabis to patients were given permission to sell adult-use cannabis on opening day.

It is still unclear when the hundreds of other cannabis business applicants will get their licenses and be allowed to open their doors, but it will likely start with social equity applicants first.

State regulators say dispensaries in New Jersey are allowed to sell up to the equivalent of 1 ounce of cannabis, which means an ounce of dried flower, or 5 grams of concentrate or 1,000 milligrams of edibles, like gummies. However perishable edibles like cookies and brownies will not be available.

Recreational cannabis sales will still apply the state 6.625% sales tax, with 70% of the proceeds going to areas disproportionately affected by marijuana-related arrests.

New Jersey is the first among several neighboring states to launch recreational cannabis sales. New York legalized cannabis in 2020 but has yet to implement a recreational market. Pennsylvania has a successful medical cannabis industry, with advocates and even legislators pushing for full legalization this year. Connecticut also legalized cannabis but has yet to implement any marketplace for consumers.