MO cannabis measure makes November ballot (Newsletter: August 10, 2022) | Big Indy News
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MO cannabis measure makes November ballot (Newsletter: August 10, 2022)

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FL Ag commish slams Biden marijuana/gun suit reply; NJ interstate cannabis commerce bill; Study: Legalization reduces poisonings; OR psilocybin votes

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/ TOP THINGS TO KNOW

Missouri’s secretary of state certified that activists collected enough signatures to place a marijuana legalization initiative on the November ballot. The decision comes after preliminary county analyses indicated the campaign failed to submit enough valid petitions in key congressional districts.

Florida Agriculture Commissioner Nikki Fried, currently a Democratic gubernatorial candidate, told Marijuana Momentin a phone interview that the Biden administration’s response to her  medical cannabis and gun rights lawsuit is “insulting” when the Department of Justice claims that cancer patients are too “dangerous to trust” with firearms.

New Jersey’s Senate president filed a new bill that would allow the governor to enter into agreements with other states for interstate cannabis commerce.

A new study found that legal access to real marijuana is associated with “significant reductions” in poisonings from synthetic cannabinoids like Spice and K2.

  • “More permissive cannabis law may have the unintended benefit of reducing both motivation and harms associated with use of synthetic cannabis products.”

Voters across Oregon will see local measures to ban psilocybin services businesses on their November ballots, just two years after a statewide initiative legalizing access to the psychedelic for certain uses was strongly approved.

/ FEDERAL

The Department of Justice and attorneys for a proposed safe consumption site for illegal drugs have once again agreed to a delay on the deadline for the Biden administration to reveal its position in the case as “productive” negotiations continue. It’s now due September 22.

Former White House Office of National Drug Control Policy Deputy Director Art Kleinschmidt authored an op-ed suggesting that ending the war on drugs would amount to allowing “rampant crime in our cities.”

Rep. Nancy Mace (R-SC) posted a Twitter thread attempting to draw a parallel between the investigation of potentially improper handling of federal documents by former President Donald Trump and the war on drugs and mass incarceration.

Former Rep. Greg Ganske (R-IA) authored an op-ed reiterating his support for marijuana legalization with regulations.

Kentucky Democratic Senate candidate Charles Booker reiterated his support for legalizing marijuana.

/ STATES

Arkansas Democratic gubernatorial candidate Chris Jones spoke about his support for legalizing marijuana and criticized Republican opponent Sarah Sanders for not taking a position on a pending legalization ballot initiative.

Colorado’s secretary of state confirmed that a second psychedelics legalization initiative failed to make the ballot.

Wisconsin Democratic treasurer candidate Gillian Battino tweeted, “We must be prepared for the legalization and decriminalization of cannabis in the near future. As your State Treasurer, I’m ready to plan strategically for a state banking system that supports cannabis businesses.”

Florida Democratic chief financial officer candidate Adam Hattersley, currently a state representative, tweeted, “Legalizing recreational cannabis would be a boon to Florida’s economy. As your next CFO, I will work with the legislature to legalize recreational adult use of cannabis, bring investment to Florida, and expunge the records of non-violent drug offenders.”

A Kentucky judge ruled that delta-8 THC hemp products are legal.

Michigan’s top marijuana regulator is transitioning to a new position in the Department of Licensing and Regulatory Affairs.

Massachusetts regulators posted guidance on hemp remediation and post-harvest testing.

The California Governor’s Office of Business and Economic Development is accepting applications for the cannabis revenue-funded Community Reinvestment Grants program.

Virginia’s Task Force to Analyze Industrial Hemp Extracts and OtherSubstances Containing Tetrahydrocannabinol Intended for Human Consumption met.

Iowa regulators will discuss the medical cannabidiol program at a meeting on Friday.

Colorado regulators will host a stakeholder meeting about proposed marijuana rule revisions on Friday.


Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

/ LOCAL

Seattle, Washington’s mayor proposed several cannabis equity measures.

The Stevens Point, Wisconsin City Council is considering putting a nonbinding marijuana legalization advisory referendum on the November ballot.

The Los Angeles County, California Board of Supervisors voted to place a measure on the November ballot to tax marijuana businesses in unincorporated areas.

Granite County, Montana voters will see measures on the November ballot to allow and tax marijuana sales.

The Missoula, Montana City Council approved a cannabis business licensing ordinance.

The Flathead County, Montana Commission will hold a public comment session on a proposal to put a measure to ban marijuana businesses on the November ballot on Wednesday.

/ INTERNATIONAL

Ontario, Canada’s government-owned cannabis stores were unable to process deliveries after a logistics partner experienced a cyberattack.

/ SCIENCE & HEALTH

A review concluded that “evidence suggests that cannabis-based medicine can be safe and effective in pain relief.”

A study indicated that “older adults’ beliefs about cannabis use are shifting and this is likely related to legalization and broader social acceptance of cannabis.”

/ ADVOCACY, OPINION & ANALYSIS

The Congressional Black Caucus Foundation is hosting a cannabis fellowship program sponsored by tobacco company Altria.

ASTM International’s cannabis committee approved new standards on environmental conditions during packaging, transit and storage of cannabis and hemp flower.

The League of Women Voters is partnering with cannabis company WANA Brands on a Colorado voter registration drive.

The American Civil Liberties Union of Massachusetts, Black Economic Council of Massachusetts and other organizations sent a letter urging Gov. Charlie Baker (R) to sign a cannabis equity and business bill.

/ BUSINESS

Curaleaf International Holdings Limited is acquiring a 55 percent stake in Four 20 Pharma GmbH.

WM Technology, Inc. reported quarterly revenue of $58.3 million and an operating loss of $13 million.

Cronos Group Inc. reported quarterly consolidated net revenue of $23.1 million and a net loss of $20.3 million.

Charlotte’s Web Holdings, Inc. reported quarterly revenue of $18.9 million and a net loss of $7.9 million.

COMPASS Pathways PLC is being sued by Terran Biosciences for allegedly stealing trade secrets.

Arkansas dispensaries sold $23.3 million worth of medical cannabis in July.

/ CULTURE

An NFL spokesperson said Aaron Rodgers’s use of ayahuasca isn’t considered a violation of the league’s drug policy.

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New Jersey Marijuana Regulators Approve Rules For Public Cannabis Consumption Areas

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New Jersey marijuana regulators approved rules for “public cannabis consumption areas” on Friday, bringing the state one step closer to providing the social use option to adults and patients.

Adult-use cannabis shops opened in April, but advocates have emphasized the need to implement regulations that give people additional spaces for where they can lawfully consume.

On Friday, the New Jersey Cannabis Regulatory Commission (CRC) moved closer to achieving that goal by approving requirements for the consumption sites and fees for businesses that operate them.

“Equitable access to cannabis means everyone who wishes to consume has some place they can do that—legally, safely, and responsibly,” CRC Chair Dianna Houenou said in a press release. “When regulated properly, cannabis consumption areas can strengthen the industry, while giving people more choices on where they consume.”

Food items could not be sold on-site under the draft rules, though people would be able to bring their own food or have it delivered. Alcohol and tobacco could not be sold or consumed at the cannabis consumption sites.

The proposed application fee and microbusiness and standard license fees for the facilities would be $1,000. They could operate indoors or outdoors, but the latter would need to be enclosed.

“I’m very excited that we’re pushing this forward because it is a safe space for consumers and patients,” one commissioner said ahead of the vote to approve the draft rules. “It’s definitely another stride for the commission, so I’m really excited that we were able to put this together on a timely manner.”

Before the rules are finalized, they will be posted in the New Jersey Register, after which point they will be subject to a 60-day public comment period.

CRC further approved 113 conditional cannabis licenses, eight annual licenses and six conversations from conditional to annual at their meeting on Friday.

The public consumption development in New Jersey comes just days after Nevada regulators announced the winners of the state’s first cannabis lounge licensees.

In 2019, Alaska became the first state to enact regulations that provide for the on-site use option at dispensaries.

Colorado followed suit with legislation approved that legalized cannabis “tasting rooms” and “marijuana hospitality establishments” where adults could freely use cannabis.

Social consumption sites are also provided for in New York’s recently enacted marijuana legalization law, though it’s not clear how long after the first retailers open that such activity will be authorized.


Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

In New Jersey, the governor also recently said that the state should “revisit” its current criminalization of homegrown marijuana for personal use—but he thinks that conversation should happen at a later point after the commercial market has matured.

In October, the New Jersey Assembly separately approved a bill that would allow licensed marijuana businesses to deduct certain expenses on their state tax returns, a partial remedy as the industry continues to be blocked from making federal deductions under Internal Revenue Service (IRS) code known as 280E.

While the adult-use market is still developing, it’s already proven profitable, with the state reporting about $80 million in marijuana sales in the first ten weeks after retailers opened shop in April.

A bill filed by Senate President Nicholas Scutari (D) over the summer would also authorize the governor to enter into agreements for interstate marijuana commerce with other states that have legalized cannabis. However, the agreements could only be forged if federal law changes, or if the Justice Department issues guidance permitting such activity.

The Senate president separately filed legislation to legalize psilocybin in New Jersey, and it includes provisions that would allow people to cultivate the psychedelic at home.

Biden Signs Marijuana Research Bill, A Historic First For Federal Cannabis Reform

Photo courtesy of Martin Alonso.

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Biden Signs Marijuana Research Bill, A Historic First For Federal Cannabis Reform

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President Joe Biden has officially signed a marijuana research bill into law, making history by enacting the first piece of standalone federal cannabis reform legislation in U.S. history.

The bill cleared the House in April and the Senate last month, and a White House spokesperson confirmed to Marijuana Moment that the president intended to sign it. On Friday, he did just that.

The law gives the U.S. attorney general 60 days to either approve a given application or request supplemental information from the marijuana research applicant. It also creates a more efficient pathway for researchers who request larger quantities of cannabis.

The president remains opposed to federal cannabis legalization, but he campaigned on a number of more modest marijuana reforms, including promoting research, decriminalization and rescheduling cannabis under the Controlled Substances Act (CSA).

Biden also issued a mass pardon for Americans who’ve committed federal marijuana possession cases in October and directed an administrative review into cannabis scheduling. The White House recently listed those actions among the “top accomplishments” for the president.

Reps. Earl Blumenauer (D-OR) and Andy Harris (R-MD) sponsored the House version of the research legislation, which is substantively identical to a Senate bill from Sens. Dianne Feinstein (D-CA), Brian Schatz (D-HI) and Chuck Grassley (R-IA) that previously cleared that chamber.

“Thank you to Representatives Blumenauer, Harris, Griffith, Joyce, Mace, and Perlmutter, Delegate Norton, and Senators Feinstein, Grassley, Schatz, Durbin, Klobuchar, Tillis, Kaine, Ernst, Tester, and Murkowski for their leadership,” the president said on Friday.

Blumenauer and Harris previously championed a separate cannabis research bill that advanced through their chamber in April. Unlike that legislation, however, the newly approved bill notably does not include a provision that scientists had welcomed that would have allowed researchers to access cannabis from state-legal dispensaries to study.

The research legislation further encourages the Food and Drug Administration (FDA) to develop cannabis-derived medicines. One way it proposes doing so is by allowing accredited medical and osteopathic schools, practitioners, research institutions, and manufacturers with a Schedule I registration to cultivate their own cannabis for research purposes.

The Drug Enforcement Administration (DEA) is now mandated to approve applications to be manufacturers of marijuana-derived, FDA-approved drugs under the bill. Manufacturers will also be allowed to import cannabis materials to facilitate research into the plant’s therapeutic potential.

Another section requires the Department of Health and Human Services (HHS) to look at the health benefits and risks of marijuana as well as policies that are inhibiting research into cannabis that’s grown in legal states and provide recommendations on overcoming those barriers.

The bill further states that it “shall not be a violation of the Controlled Substances Act (CSA) for a State-licensed physician to discuss” the risk and benefits of marijuana and cannabis-derived products with patients.

A Congressional Budget Office (CBO) analysis published in July found that the proposal would reduce direct spending by less than $500,000 and would have a “negligible net change in the deficit.”

There are only a few changes in this new bill compared to the original version the Senate passed earlier this year.

For example, the text now says that researchers won’t need to notify or receive a review from DEA if change study protocols, as long as they already have a Schedule I registration. The previous language said broadly that researchers wouldn’t need to reapply for approval. Also, the new version makes more explicit references to cannabis in the text, rather than “drug” generally.

Another revision deals with a section that mandates the attorney general to conduct an annual review of the supply of cannabis that’s available for research purposes. The new bill says DOJ must carry out that review in consultation with HHS, and says that the latter department will need to submit a report to Congress if it determines that the supply is inadequate.

Finally, a section of the original bill concerning the importation of CBD for research purposes was removed from the new measure.


Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Both the House and Senate passed earlier versions of their separate but similar cannabis research bills in late 2020, but nothing ended up getting to then-President Donald Trump’s desk by the end of the last Congress.

Congressional researchers separately released a report in March that details the challenges posed by ongoing federal prohibition and the options that lawmakers have available to address them.

DEA has taken steps in recent years to approve new cultivators of marijuana to be used in studies, and the National Institute on Drug Abuse (NIDA) recently published a solicitation for applications from those authorized growers as it looks for new contractors to supply the agency with cannabis for research purposes.

Meanwhile, large-scale infrastructure legislation that was signed by Biden last year contains provisions aimed at allowing researchers to study the actual marijuana that consumers are purchasing from state-legal businesses instead of having to use only government-grown cannabis.

Sen. John Hickenlooper (D-CO) sought an update this week on the status of a federal report into research barriers that are inhibiting the development of a standardized test for marijuana impairment on the roads, as required under that infrastructure legislation.

NIDA Director Nora Volkow told Marijuana Moment last year that scientists have been unnecessarily limited in the source of cannabis they’re permitted to study—and it makes sense to enact a policy change that expands their access to products available in state-legal markets.

Also, last month, congressional lawmakers held a hearing to discuss federal marijuana legalization and state cannabis developments, hearing testimony from a panel of broadly pro-reform advocates.

The chairman of the subcommittee that held that hearing also said on Tuesday that he will soon be introducing a bill aimed at protecting federal workers from being denied security clearances over marijuana.

Sen. Jacky Rosen (D-NV) filed a bill last month that would allow state-legal marijuana businesses to access certain federal Small Business Administration (SBA) loans and services that are available to companies in any other industry.

Meanwhile, former President Donald Trump announced his candidacy for the 2024 president election last month.

In a speech announcing his candidacy, Trump signaled that drug policy will be a focal point of his campaign—but not by advocating for reform. He talked about waging “war on the cartels” and working with Congress to pass legislation to impose the death penalty on “drug dealers” who are “responsible for death, carnage and crime.”

Biden’s Health Secretary Gives Update On Marijuana Scheduling Review Directed By The President

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Biden’s Health Secretary Gives Update On Marijuana Scheduling Review Directed By The President

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The head of the U.S. Department of Health and Human Services (HHS) says that the Biden administration is committed to supporting evidence-based policies for marijuana as it works to complete a review of federal cannabis scheduling that was directed by the president.

That science-focused approach also applies to policy decisions on other drugs, he said.

At an event on overdose prevention on Friday, HHS Secretary Xavier Becerra was asked about broad drug decriminalization efforts. And while he said that it isn’t within the department’s “jurisdiction” to make policy decisions like that, the government won’t be using “20th century modalities and ways of thinking to drive what we do if we have evidence that tells us we go a different direction.”

“We would not be the ones who would be proposing [decriminalization], but we certainly would weigh in on any issue involving decriminalization of any controlled substance,” he said before specifically addressing President Joe Biden’s marijuana scheduling directive.

“We’re going to take a look at what science tells us and what the evidence tells us,” Becerra, who has a considerable record supporting cannabis reform as a congressman and as California’s attorney general, said. “That will guide what we do—and we hope that will guide what the federal government does.”

Watch the discussion on marijuana and broader drug policy, starting around 27:40 into the video below:

 

Following the president’s cannabis pardons and scheduling announcement in October, the secretary said that the department would “work as quickly as we can” to carry out the scientific review. And he’s already discussed the issue with the head of the Food and Drug Administration (FDA) to that end.

More broadly on drug policy, the official said on Friday that, “at the end of the day, we should all be about keeping people alive and letting those people thrive.”

“At HHS, we took a turn with our new strategies on drug overdose and drug use, because we think at the end of the day, each one of our loved ones deserves a chance to, as I said, stay alive and thrive,” he said.

Becerra was joined at Friday’s event by Sen. Tammy Baldwin (D-WI), who also responded to the drug policy question.

The senator said that she’s “long supported decriminalization of marijuana,” going back to her time as a state lawmaker in Wisconsin. Her support is based on “a number of different reasons, including the ramifications when use and possession is criminalized,” she said.

“As a federal official now in the U.S. Senate, I am observing the fact that there is a lack of coordination as you have state after state that are reexamining their laws through referenda or through action in the state legislatures—that we have a conflict between federal law and state law,” Baldwin, who has cosponsored several marijuana reform bills over her tenure, including banking and legalization proposals, said.

Meanwhile, with respect to the president’s scheduling directive, the White House drug czar said recently that that the action was “historic,” adding that there are “clearly” medical benefits of cannabis.

Like HHS, DOJ has similarly committed to quickly carrying out the separate scheduling review the president directed, which could result in a recommendation to place cannabis in a lower schedule or remove it altogether, effectively legalizing the plant under federal law.

Separately, Biden recently cheered a move by Oregon’s governor to grant tens of thousands of marijuana pardons this week, which followed his own federal clemency action last month. And he says other states should “follow Oregon’s example.”

A White House spokesperson also told Marijuana Moment last month that the president intends to sign a bipartisan marijuana research bill that was recently passed by Congress.

A series of polls have shown that Americans strongly support the president’s pardon action, and they also don’t think that marijuana should be federally classified as a Schedule I drug.

DOJ Has Concerns About Marijuana Banking Bill, Newly Surfaced Memo Reveals, But Sources Say They’ve Been Resolved

Photo courtesy of Brian Shamblen.

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