Tag: legalized marijuana

Record Number Of Truck Drivers Refuse To Take Drug Tests As More States Legalize Marijuana

As more states legalize marijuana, a new federal report shows that the number of positive drug tests among commercial drivers fell last year compared to the year before, dropping from 57,597 in 2022 to 54,464 in 2023. At the same time, however, the number of drivers who refused to be screened at all also increased by 39 percent.

The record-high number of refusals comes as the transportation industry faces a nationwide shortage of drivers, which some trade groups have said has only been made worse by drug testing policies that risk flagging drivers even when they’re not impaired on the job.

The rise in refusals meant that even though there were fewer positive tests overall in 2023, the total number of recorded drug violations among truckers actually rose slightly—to 68,229 in 2023 compared to 67,775 a year earlier.

“The overall rise in drug violations in 2023, even though there are fewer positive tests, is attributed to a nearly 40% increase in reported drug test refusals—9,214 in 2022 versus 12,804 in 2023,” the Federal Motor Carrier Safety Administration (FMCSA), which produced the new report, told the trade publication Transport Topics.

“Drug test refusals include employer reported refusals like failing to show up for a random test, or leaving a test collection facility after a test has begun but before it’s complete,” added FMCSA, an arm of the U.S. Department of Transportation.

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Missouri Warns Marijuana License Applicants Of ‘Predatory Practices’ Around Social Equity Status

Veterans John and Kara Grady received a Facebook message last week from a man who was “looking for a female veteran to be part of our dispensary license.”

Being a veteran is one of the seven categories that makes people eligible to win one of the state’s social-equity marijuana licenses, called “microbusiness licenses.” The other categories range from having a lower income or living in an area considered impoverished to having past arrests or incarcerations related to marijuana offenses.

When the Gradys—who run Slaphappy Beverage Co., which sells hemp-derived THC drinks—turned him down, the man began attacking them on their social media pages.

“I was like, ‘What kind of tactics are these?’” John Grady said in an interview with The Independent. “You have to ask yourself—if it’s that competitive on the microbusiness licenses, then really what’s going on?”

Just hours before Grady received that message, the Missouri Division of Cannabis Regulation issued a warning about “predatory practices” in social-equity marijuana licensing throughout the country.

And those tactics are likely escalating, with the next round of applications running April 15 to 29.

“[The Division of Cannabis Regulation] has become aware of solicitation efforts by companies to apply for microbusiness licenses on behalf of qualified individuals with promises of future ownership in the license,” the agency said in a press release last week.

The division warned that some groups are scamming eligible people by giving them, “no agreements in place that would actually result in the eligible individuals being the owners of the license.”

The division recently revoked nine of the 48 social-equity cannabis licenses issued in October—following an investigation by The Independent that found some applicants thought they were partnering with the Michigan investor but in reality signed agreements requiring them to relinquish all control and profits of the business.

The revocations came just as the division was gearing up for the second round of microbusiness applications, and now the state is urging applicants to be extra careful regarding whom they partner with.

“Eligible individuals should exercise caution in accepting such arrangements as some of the solicitations may be predatory in nature,” the division’s Thursday press release states.

Because only 39 of the 48 microbusiness licenses were ultimately issued from the first round, the division will award one additional wholesale license and eight additional dispensary licenses in the upcoming round.

The owners of the revoked licenses have vowed to appeal, though nothing has been filed as of yet.

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Federal Officials Are Suddenly Seizing Marijuana From State-Licensed Businesses, Leaving Industry Perplexed

Federal officials have been seizing hundreds of thousands of dollars worth of marijuana from state-licensed cannabis businesses in New Mexico in recent weeks—detaining industry workers in what appears to be a localized escalation of national prohibition enforcement even as the federal government has largely refrained from interfering with the implementation of state legalization laws in recent years.

New Mexico marijuana businesses report that the more than dozen U.S. Customs and Border Protection (CBP) seizures, particularly at interior checkpoints around the Las Cruces area, are a relatively new phenomenon. Since adult-use marijuana sales launched in the state in 2022, the operators say they’ve generally been able to transport their products to testing facilities and retailers without incident.

Starting around two months ago, however, the agency has evidently taken a more proactive approach to enforcing federal prohibition, taking hundreds of pounds of cannabis at the checkpoints inside the state. CBP is able to carry out its activities within 100 miles of the U.S. border.

“There’s a lot of really successful important cannabis producers and cannabis manufacturers operating south of those checkpoints,” Ben Lewinger, executive director of the New Mexico Cannabis Chamber of Commerce, told Marijuana Moment. “Basically, every road that you could take from the southern to the northern part of the state, you have to go through one of these checkpoints—and it’s just bifurcating the industry and making it impossible for people in the southern part of the state to get their products to anywhere in the central or northern part of the state.”

CBP has made at least 13 stops and seizures of state-legal marijuana products since February, Lewinger, said adding that he “wouldn’t be surprised if it’s twice that number.”

“I’m certain that it’s underreported,” he said. “I think there’s lots of people who still have that fear and the stigma, and they don’t want to rattle cages.”

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Colorado Amendment Addresses Concerns On Banning Social Media Marijuana Posts, But Questions On Psychedelics And Other Drugs Remain

Colorado lawmakers advanced an amended social media bill on Thursday that, as introduced, would have forced platforms to ban users for talking positively about marijuana online. But while the sponsor says the issue has now been “worked out” with recent changes, critics contend the revised legislation still fails to address concerns around statements regarding other substances, including state-legal psychedelics, certain hemp products and even some over-the-counter cough syrups.

The bill, SB24-158—a broad proposal concerning internet age verification and content policies—would require social media platforms to immediately remove any user “who promotes, sells, or advertises an illicit substance.”

Initially that provision would have applied to all controlled substances under state law, but an amendment from the bill’s sponsor, Sen. Chris Hansen (D), includes language saying that “a social media platform may allow a user to promote, sell, or advertise medical marijuana or retail marijuana to users who are at least twenty-one years of age” so long as the content complies with state cannabis laws.

Members of the Senate Committee on Business, Labor and Technology at Thursday’s hearing unanimously approved the amended bill, advancing it to the Appropriations Committee with a favorable report.

“We have worked out adjustment language with the MJ industry,” Hansen told Marijuana Moment in an email about the amendment last week, in response to questions about the potential consequences of the bill. “Those amendments will be distributed later today in preparation for the bill being voted on in committee on Thursday.”

But even before the amendment landed in committee this week, a fellow at the center-right think tank R Street Institute, said the changes leave major issues unaddressed.

“The updated version would still prevent users from from promoting NyQuil or anti-anxiety medications among many others, even though it exempts marijuana,” Shoshana Weismann, who first called out the potential problems in the bill’s drug-related language, told Marijuana Moment in an email. “And if you promote those medications, you will be reported to law enforcement. That is asinine.”

The amended bill also still specifies that its restrictions apply to certain hemp products with more than 1.25 milligrams THC or a CBD-to-THC ratio of less than 20 to 1, as well as most other hemp-containing products intended for human consumption that are not “a dietary supplement, a food, a food additive, or an herb.”

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Minnesota Lawmakers Propose Raft Of Changes To State Marijuana Law, Including Homegrow And Equity Adjustments

The lead sponsors of 2023’s recreational cannabis law are sensitive to suggestions that the sweeping law needs “fixing.” Such a word might be interpreted as endorsing Republican talking points that the bill—along with much of the work of the 2023 session—was rushed and that mistakes were made.

Instead, top sponsors of House File 100 say changes they are both proposing, as well others filed by other lawmakers, are expected and routine. The law will be “modified,” not fixed.

“As I said many times last year, it won’t be the last time the Legislature hears a cannabis bill,” said Sen. Lindsey Port, the Burnsville DFLer who was the lead sponsor in the Senate. “Prohibition of alcohol ended nearly 100 years ago and we still have a liquor bill nearly every year.”

That said, what is being proposed to change the law at the midpoint between legalization and retail sales? Both Port and Rep. Zack Stephenson (DFL-Coon Rapids) have said they expect to have an omnibus cannabis bill that will contain all changes in one package.

The Office of Cannabis Management’s 100-page proposal—Senate File 4782/House File 4757—is the stage setter. Even though these bills show Port and Stephenson as sponsors, they put their name on top as a courtesy to the Office of Cannabis Management (OCM). Their own work will likely be affixed to the OCM bill.

The long list of changes would adjust how so-called social equity licenses are distributed, change the ownership ratios for such license holders, bring the hemp-derived market regulation under the Office of Cannabis Management sooner and put numerical caps on each type of license rather than let OCM decide how many the market requires. Many of the changes were suggested as ways to get to the same end point as HF 100 but with less risk of litigation.

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GOP Senators Tell DEA To Reject Marijuana Rescheduling, Arguing It Would Violate International Treaties

Three Republican senators are urging the Drug Enforcement Administration (DEA) to reject the top federal health agency’s marijuana rescheduling recommendation, arguing that it would put the U.S. out of compliance with international treaty obligations and make it harder to ensure that other countries continue to enforce drug laws, “including for deadly narcotics like fentanyl.”

In a letter sent to DEA Administrator Anne Milgram on Wednesday, Sens. Mitt Romney (R-UT), James Risch (R-ID) and Pete Ricketts (R-NE) said the agency should adhere to precedent and decline to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), as the U.S. Department of Health and Human Services (HHS) has advised.

“Any effort to reschedule marijuana must be based on proven facts and scientific evidence—not the favored policy of a particular administration—and account for our treaty obligations,” the Senate Foreign Relations Committee members wrote.

“Marijuana is controlled under the Single Convention—which is not surprising given its known dangers and health risks—and the United Nation’s International Narcotics Control Board (INCB) has fiercely criticized efforts to legalize marijuana in other countries as a violation of the treaty,” they said.

The letter notes that the Senate ratified the Single Convention that contains drug policy mandates for member states in an unanimous vote in 1967. And they pointed out that DEA has previously cited international treaty obligations in denying past rescheduling petitions.

“It is important that the DEA continues to follow the law and abide by our treaty commitments,” they said, listing a series of questions they’re asking the agency to answer.

For example, the senators asked if DEA still considers it necessary to keep marijuana in either Schedule I or Schedule II to comply with the Single Convention, as it concluded under the Obama administration.

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Germany’s Marijuana Legalization Bill Is Officially Signed Into Law And Will Take Effect On Monday

A bill to legalize marijuana nationwide in Germany has officially been signed into law, with the reform set to take effect next week.

Bundesrat President Manuela Schwesig signed the legislation on Wednesday, the last step to enactment. Usually German Federal President Frank-Walter Steinmeier would sign legislation, but because he’s currently away on vacation, that responsibility was handed down to the head of the legislative chamber representing individual states.

This comes one week after members of the Bundesrat reached a deal with Health Minister Karl Lauterbach and other government ministers and declined to refer the cannabis legislation to a mediation committee that would have delayed implementation by six months. Instead, the law will go into force on Monday as planned.

The Bundestag passed the marijuana legalization measure last month. The Bundesrat previously tried to block the proposed reform in September but ultimately failed.

Effective April 1, adults will be allowed to possess up to 25 grams of cannabis and grow up to three plants for personal use. Then, beginning July 1, adults could join “social clubs” where they could buy up to 25 grams of cannabis, with a cap of 50 grams per month. That cap is 30 grams for members under 21 years old.

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Delaware Treasurer Promotes New Marijuana Banking Bill To Provide State-Level Protections

Delaware’s treasurer is promoting new legislation that would provide state-level protections to banks that provide services to licensed marijuana businesses.

The bill was filed by Rep. Ed Osienski (D) and Sen. Trey Paradee (D) in partnership with state Treasurer Colleen Davis (D). It comes amid mounting pressure on Congress to enact federal cannabis banking reform.

The Delaware measure is designed to clarify that banks, credit unions, armored car services and accounting services providers are not subject to state-level prosecution simply for working with cannabis businesses.

“This Act aims to facilitate the operation of cannabis-related businesses by helping to ensure that such businesses have access to necessary financial and accounting services,” the bill synopsis says.

Davis, the treasurer, said in a press release last week that “H.B. 355 will provide state-level legal protection, and a clear legal framework for banks, payment processors, and other financial service providers to follow.”

“It can also ease concerns about federal enforcement and regulatory compliance among these businesses—since it allows them to demonstrate to federal agencies that they’re following a clear legal framework, ultimately leading to a safer and more transparent marijuana industry,” she said.

A press release from Davis’s office also says that, in addition to providing the basic protections, the bill would effectively boost the economy, enhance safety and promote competition.

“Across the country, we’ve witnessed dispensaries and banks alike struggling with legal uncertainty surrounding financial and accounting services for cannabis businesses,” Osienski, the House sponsor, said. “This uncertainty not only undermines the operations of state-compliant dispensaries but also hinders their access to basic business functions such as access to banking, acquiring loans, or paying taxes.”

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House GOP Committee Urges Opposition To Marijuana Banking Bill, Saying ‘Gateway Drug’ Causes ‘Violence, Depression And Suicide’

A Republican House advisory committee is formally opposing marijuana banking legislation and a separate bill to remove past cannabis use as a disqualifying factor for federal employment and security clearances, while broadly criticizing the substance as a “gateway drug” that causes “violence, depression and suicide.”

The House Republican Policy Committee’s new marijuana report also says that Vice President Kamala Harris was “mistaken” when she said cannabis brings people “joy” as a 2020 presidential candidate, instead arguing that it is a “hazardous drug with short and long-term impacts.”

The guidance, which is meant to inform how the GOP caucus should approach marijuana policy issues, briefly describes the history of prohibition and the state legalization movement. It then makes the case that cannabis is a dangerous substance linked to mental health disorders such as schizophrenia, attributing that in part to “the high concentration of THC.”

The committee also cited questionable statistics to argue that state-level legalization is associated with increased violence. And it claimed that marijuana use causes workplace issues such as “decreased productivity, high unemployment claims, and lawsuits.”

“Instead of turning a blind eye to the dangers associated with marijuana and allowing states to have dispensaries on every corner, Congress should work to ensure that laws in relation to marijuana are enforced,” the guidance says.

It included two specific policy recommendations, stating that members should oppose the Secure and Fair Enforcement (SAFE) Banking and the Cannabis Users’ Restoration of Eligibility (CURE) Act.

That’s despite the fact that both measures enjoy bipartisan support, and certain members of the policy committee such as Reps. Tom McClintock (R-CA) and Nancy Mace (R-SC) have been vocal champions of marijuana reform. McClintock is signed onto the banking bill and Mace is the lead GOP cosponsor of the federal employment and security clearance measure.

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California Bill Would Roll Back Marijuana Employment Protections For Law Enforcement Jobs

A California bill that was introduced last month as a minor technical fix to an existing law protecting workers from employment discrimination over legal marijuana use was substantially amended in committee this week with new section that would roll back the protections for various categories of workers, including those in law enforcement, coroners’ offices and animal control.

Under two pieces of legislation signed into law in 2022 and 2023, California employers are now prohibited from asking job applicants about past cannabis use, and most are barred from penalizing employees over lawful use of marijuana outside of the job.

The newly amended bill, SB 1264, sponsored by Sen. Shannon Grove (R), would remove those protections for “employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities” related to:

(1) The apprehension, incarceration, or correction of criminal offenders.
(2) Civil enforcement matters.
(3) Dispatch and other public safety communications.
(4) Evidence gathering and processing.
(5) Law enforcement records.
(6) Animal control.
(7) Community services duties.
(8) Public administrator or public guardian duties.
(9) Coroner functions.

The proposed change comes just months after the Commission on Peace Officer Standards and Training removed questions about marijuana from police job application forms. Several forms, the commission said at the time, were “modified to remove inquiries about a candidate’s prior cannabis use.”

Grove’s amendments were adopted on Tuesday, and the legislation currently sits before the Senate Rules Committee.

Both employment protections laws took effect on January 1 of this year. With certain exceptions, “it is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis,” one of them says.

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