Tag: legalized marijuana

GOP Senators Push For Federal And State Response To Indian Tribe’s 4/20 Marijuana Sales Plan In North Carolina

Two Republican senators are asking federal, state and local officials what steps they are taking to enforce marijuana prohibition as an Indian tribe prepares to launch recreational cannabis sales on its lands within North Carolina on April 20.

On Friday, Sens. Thom Tillis (R-NC) and Ted Budd (R-NC) sent a letter with 19 questions about their concerns regarding the Eastern Band of Cherokee Indians (ECBI) marijuana plan to the U.S. attorney general, Drug Enforcement Administration (DEA), Department of Interior (DOI), Financial Crimes Enforcement Network (FinCEN), National Indian Gaming Commission and various North Carolina state and local law enforcement agencies.

“As our nation is facing an unprecedented drug crisis that is harming our communities, it is vital to learn what measures your departments and agencies are taking to uphold current federal and state laws,” they wrote, adding that the “matter raises multiple questions on how North Carolina communities will be kept safe.”

ECBI members approved a referendum last September to legalize adult-use cannabis, becoming the first jurisdiction within the borders of North Carolina to enact the reform. More recently, last week the tribe announced that it had set a target date to open retail sales: April 20, 2024, also known as 4/20.

This follows ECBI’s 2021 move to legalize medical cannabis and register Qualla Boundary LLC to dispense marijuana to patients. Registration for the program opened to all North Carolina residents this past June, and in October, the tribe issued its first round of medical marijuana cards.

“With unclear guidance, it makes it difficult for state and local officials to uphold  the rule of law in our communities,” the senators wrote in their letter. “In particular, we have the responsibility to ensure our youth are shielded from untested marijuana products being produced and sold by Qualla Enterprise LLC.”

Tillis and Budd then listed 19 questions that they’re asking officials to respond to, depending on their jurisdiction.

That includes queries about whether tribes are considered exempt from the Controlled Substances Act (CSA), whether agencies have concerns about the potential cannabis shop will attract transnational criminal enterprises, whether tribes can take land into trust for the purposes of selling cannabis and whether financial institutions can provide loans and credit to tribes seeking to open a marijuana business.

The senators are also pressing for answers on whether federal officials allow gaming profits derived from casinos to be used in support of marijuana ventures.

Ahead of last year’s legalization vote, Qualla Enterprises published an op-ed in the tribal newspaper, Cherokee One Feather, championing the benefits of adult-use sales. It compared the opportunity to when, “thirty years ago, the Cherokee People decided to build a casino.”

“This was highly controversial at the time, in part because nowhere in the surrounding region allowed gaming,” the company said at the time. “But we were not afraid to be different. Harrah’s Cherokee Casino has benefited this Tribe and its members in more ways than we ever imagined.”

The bulk of new jobs created by the policy change, according to the company, would be filled by enrolled ECBI members. In the medical system as of last year, 84 percent of cultivation employees were tribal members, its op-ed said, “which represents the highest of any business owned by the tribe.”

The op-ed also pointed to a statewide poll that found 73 percent of North Carolina residents support legal medical marijuana. And it cited estimates suggesting the state’s illicit cannabis activity amounted to nearly $3.2 billion in 2022.

A more recent survey of North Carolinians, conducted by the Meredith Poll and published last month, found 78 percent support for lawmakers to pass a medical marijuana bill this year.

The tribe’s moves to legalize despite North Carolina’s ongoing prohibition of marijuana drew criticism from other politicians, including Rep. Chuck Edwards (R-NC). Ahead of the election, Edwards, who is not Native, authored an op-ed in Cherokee One Feather warning that legalization on the tribal land “would be irresponsible, and I intend to stop it.”

The congressman also filed a bill in the U.S. House that would slash a portion of federal funding from tribes and states that legalize marijuana.

Then-Principal Chief Richard G. Sneed called the move “a big misstep” at the time. He told Marijuana Moment that he believed pushback from Edwards and others may have emboldened tribal members to support the measure.

“The worst thing that a non-Indian elected official can do is tell a sovereign, federally-recognized Indian tribe how they ought to handle their business,” Sneed said in an interview.

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New Jersey Bill Would Force Drivers Suspected Of Being High On Marijuana To Provide A Blood Sample To Police

Cannabis experts are concerned about a lawmaker’s attempt to require motorists suspected of driving under the influence of marijuana to provide a blood sample to police.

Critics of the recently introduced bill say it would not only give police more power that would likely be wielded disproportionately against people of color, but they also argue the testing methods called for in the bill don’t even work.

Joshua Bachner, a cannabis attorney at law firm Mandelbaum Barrett, criticized the move as an example of government overreach.

“The state should develop—and there’s many of us in the state happy to coordinate with them—a comprehensive, reliable method for determining impairment,” he said. “But these piecemeal approaches are only going to cause a lot of victimization, frankly, for those who are falsely accused.”

Under current law, anyone in New Jersey who drives is consenting to provide a breath sample if police believe they are driving drunk—it’s called “implied consent.” The new bill would expand that to include a blood test and apply to any narcotic, hallucinogenic or other drug. Someone would be deemed under the influence of marijuana if they test positive for 3 nanograms or more of THC—the chemical that gets cannabis users high.

The push to expand implied consent laws to apply to drivers suspected of marijuana use comes two years after New Jersey’s recreational marijuana market launched, and as legal cannabis becomes more prevalent nationwide.

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Indian Tribe Plans To Open North Carolina’s First Marijuana Dispensary On 4/20

Following last year’s decision by members of the Eastern Band of Cherokee Indians (ECBI) to legalize cannabis for adult use, the tribe has set a target date to open retail sales: April 20, 2024. If all goes as planned, the launch will mark the first-ever legal marijuana sales within the borders of North Carolina.

“It’s the national cannabis holiday, right?” Lee Griffin, human resources director for the tribe’s marijuana business, Qualla Enterprises, said of the 4/20 start date during a ECBI tribal council work session on Wednesday. “Across the country, it’s the biggest revenue date annually” for cannabis.

“It’s like New Year’s Eve at the casino,” he said.

The retail store—located on the tribe’s 57,000-acre Qualla Boundary—will be open to any adult 21 and older, regardless of tribal membership.

Members of the tribe voted last September to legalize and regulate adult-use sales, approving a ballot measure with a strong 70 percent–30 percent margin.

Two years earlier, in 2021, ECBI’s Qualla Boundary became the first place in North Carolina where medical marijuana was legal after the tribal council adopted a regulated system. Registration for the program opened to all North Carolina residents this past June, and in October, the tribe issued its first round of medical marijuana cards.

At this week’s tribal council meeting, which was first reported by The Charlotte Observer, Griffin said that about 1,400 people have already applied for cannabis-related jobs, though Qualla Enterprises aims to hire just over 350. Currently the business employs 69 employees, he said.

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Another Senator Signs Onto Marijuana Banking Bill, Saying It Will ‘Take The Target Off The Backs’ Of Dispensaries Facing Robberies

A Democratic senator has announced that she’s joined the list of bipartisan cosponsors of a marijuana banking bill, stressing the need for the reform amid a spate of robberies targeting state-licensed cannabis businesses in her state.

Sen. Maria Cantwell (D-WA) signed on as a cosponsor of the Secure and Fair Enforcement Regulation (SAFER) Banking Act on Tuesday, becoming the 35th member of the chamber to add their name to the legislation in addition to its lead sponsor.

“Last year there were more than 50 robbery attempts at marijuana dispensaries in the State of Washington,” the senator said.

A report from StoptheDrugWar.org further found that nearly 100 Washington cannabis shops were impacted over a period of less than five months in 2021.

“This bill will take the target off the backs of our state’s dispensaries by updating federal banking laws so they don’t have to do all their business in cash,” Cantwell said.

The senator has also previously pushed for marijuana industry access to federal Small Business Administration (SBA) loans and services, as well as the elimination of an Internal Revenue Service (IRS) code known as 280E that prevents cannabis businesses from taking standard federal tax deductions.

Congressional researchers also recently Congressional acknowledged in a report that the lack of banking access for state-legal marijuana businesses leads them to be “heavily reliant on cash transactions, making them a target for theft.”

The Senate Banking Committee passed the SAFER Banking Act to address the issue last September, but the measure is pending action on the floor. Earlier versions have cleared the House in some form at least seven times in recent sessions.

Senate Majority Leader Chuck Schumer (D-NY) said in late December that lawmakers will “hit the ground running” in 2024, aiming to build on bipartisan progress on several key issues, including marijuana banking reform—though he noted it “won’t be easy.”

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New York Governor Pushes Big Tech To ‘Step Up’ By Removing Illicit Marijuana Shop Listings

New York’s governor is calling on big tech companies such as Google and Meta to “do the right thing” by taking steps to stop promoting illicit marijuana shops that have proliferated across the state.

During a press briefing on Wednesday, Gov. Kathy Hochul (D) said that social media and search engine companies are passively undermining the legal market that’s being implemented by allowing unlicensed retailers to be featured on their services, giving consumers the false impression that they are legitimate businesses.

‘They’re hurting our legal shops, and we’ve been in touch with these companies, these platforms, and we’ve told them flat out, ‘You need to change this,’” she said.

Hochul added that she doesn’t expect the tech companies to proactively identify and remove illicit shop listings on their own because “they would tell us that they’re not required to.” To that end, she said her message to the businesses is, “let us help you.”

“Let us give you the list of legal vendors. I know who’s legal. We all know who’s legal. And then you have a responsibility to make sure that you’re not posting the locations of illegal shops,” the governor said. “Now I’m calling on all these platforms to step up, do the right thing and be part of the solution. Don’t be complicit in helping jeopardize the public health and the livelihoods of these legitimate business owners.”

At Wednesday’s briefing, Hochul was joined by cannabis stakeholders and advocates, including representatives of organizations that published an open letter to the governor on Tuesday that raised the alarm about social media companies promoting unlicensed retailers.

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Legalisation is not linked to an increase in cannabis-related psychosis

A study of data from pre and post-cannabis legalisation in Canada has found no increase in admissions to hospitals for cannabis-related episodes of psychosis.

The relationship between cannabis use and episodes of psychosis is a contentious issue that is often raised by opponents of legalisation. Results from previous studies have been mixed, with some finding evidence to suggest cannabis use, particularly in adolescence, can be a cause of psychotic episodes, and others finding no association between the two. 

The present study was published in The Canadian Journal of Psychiatry in February 2024 and used data collected from the three emergency departments (EDs) in Quebec City. The number of admissions for psychosis where evidence of cannabis use was present was compared by researchers to the number of admissions in the 12 months following legalisation. 

Only admissions from adults aged 18 years and above were included in the data, and evidence of cannabis use was obtained from the patient’s medical records and included results of urine tests as well as clinical notes. 

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Top Maryland Lawmaker Calls Out Counties For Blocking Marijuana Dispensaries

An effort by some counties to use zoning to limit if not prevent the opening of cannabis dispensaries has drawn the ire of the powerful chair of a House committee in Annapolis.

House and Senate panels are considering legislation that would make it tougher for local governments to restrict where cannabis dispensaries can locate. House Economic Matters Committee Chair Del. C.T. Wilson (D-Charles) said counties are trying to countermand the newly legalized cannabis market and the state’s efforts to limit if not end illegal sales.

In the months that followed the first legal recreational sales in July, some counties looked to zoning to slow the opening of new dispensaries. Those efforts are now the focus of legislation designed to block those attempts, which sometimes seek to prevent any sales of the drug or are born out of the concerns about the clustering of alcohol and tobacco shops in Black and brown communities.

“This was thought out,” said Wilson, speaking of the state’s entry into legal recreational cannabis sales. “This was not done randomly. And this is not about state control. It is about protecting people, protecting us and protecting a now legitimate business. So I want to make sure we understand that we are not here to stuff them, to cluster them.”

Wilson’s HB 805 prohibits counties from imposing zoning regulations more restrictive than those imposed on retail liquor stores. Current law prohibits dispensaries within 500 feet of a playground, recreation center, library, public park, or place of worship. Wilson’s bill qualifies that restriction to pre-existing facilities.

Wilson said he will ask for an amendment to increase the distance between dispensaries from 1,000 feet to 1,500 feet.

Counties can reduce but not increase the statutory distance requirements for dispensary locations.

Some lawmakers worry the bill will usurp county zoning authority.

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Top Ohio Democratic Senator Says House GOP Failure To Speed Up Marijuana Sales Is A ‘Disservice’ To Voters

A top Ohio Democratic senator says GOP House leadership is doing a “disservice” to the public by failing to advance legislation to expedite marijuana sales after voters approved a legalization ballot measure last year.

The criticism is increasingly bipartisan, as Gov. Mike DeWine (R) has similarly pushed the legislature to pave a faster pathway to sales to resolve the “ridiculous” situation Ohio has found itself in—a regulatory limbo where cannabis is legal to possess and grow but access to licensed shops is months away.

“It’s really being held up in the House,” Senate Minority Leader Nickie Antonio (D) told WKRC, adding that it’s “really a disservice to the people of Ohio.”

The Senate did pass a bill in December that would address the issue by allowing existing medical cannabis dispensaries to dually serve patients and adult consumers within 90 days of enactment, in addition to other changes to the initiated statute. But the House hasn’t taken it up, and the chamber has also been considering an alternative package.

“Every day that goes by where we don’t have the ability for folks to either go to the medical dispensaries to legally purchase, we also open ourselves up for an illegal market,” Antonio said. “All that time that passes without having these pathways to legal purchase, without having expungements, and that means people who could have this on their record that aren’t able to get jobs, not able to change things in their lives because of having this record.”

House Speaker Jason Stephens (R) said earlier this month that it’s a “complex issue,” after his chamber declined to take up the Senate-passed legislation.

Meanwhile, James Canepa, who was selected to serve as the first superintendent of the Division of Cannabis Control (DCC), says that the legislature’s delayed action could complicate regulators’ work to effectively stand up the new market.

“To test it, to process it, to sell it, to grow it—you need a permit. And there are steps that need to happen. One of the big steps is this rulemaking process,” he said. “The division doesn’t have unilateral authority to decide whatever the rules are going to be.”

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Justice Department Researcher Says ‘We May Need Better Tests’ For Marijuana Impairment, Questioning ‘Per Se’ THC Limits For Driving

A Justice Department research says states may need to “get away from that idea” that marijuana impairment can be tested based on the concentration of THC in a person’s system.

Frances Scott, a physical scientist at the National Institute of Justice (NIJ) Office of Investigative and Forensic Sciences under DOJ, discussed the challenges of cannabis impairment testing in an episode of the Justice Today podcast that was posted late last month.

Scott questioned the efficacy of setting “per se” THC limits for driving that some states have enacted, making it so a person can be charged with driving while impaired based on the concentration of cannabis components in their system. Ultimately, there may not be a way to assess impairment from THC like we do for alcohol, she said.

One complication, Scott said, is that “if you have chronic users versus infrequent users, they have very different concentrations correlated to different effects.”

“So the same effect level, if you will, will be correlated with a very different concentration of THC in the blood of a chronic user versus an infrequent user,” she said.

That issue was also examined in a recent federally funded study that identified two different methods of more accurately testing for recent THC use that accounts for the fact that metabolites of the cannabinoid can stay present in a person’s system for weeks or months after consumption.

“The problem is we’ve funded this research that pretty conclusively shows that the THC concentration in the blood is not particularly well-correlated with impairment for driving,” Scott said. “One of the outstanding questions is trying to figure out, is there a good proxy, a good metric, that we can use?”

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Decriminalizing marijuana in Ohio is long overdue, but work is not done

In a historic move, Ohio has embraced the legalization of recreational marijuana, marking a significant shift in our state’s approach to cannabis. This landmark decision promotes personal freedom and fosters justice, equity and economic opportunity.

With the legalization of recreational marijuana, Ohioans now have the freedom to possess, consume and cultivate cannabis for personal use without fear of legal repercussions. This policy change represents a crucial step forward, bringing an end to the unjust criminalization of individuals for nonviolent offenses.

However, our work is far from over. Despite the legalization of recreational marijuana, many Ohioans continue to suffer the consequences of past convictions. Misdemeanor marijuana charges have hindered individuals from obtaining driver’s licenses, seeking employment and rebuilding their lives. It is time for our courts to do their part in righting these wrongs.

That is why it is imperative for courts across the state to host “Amnesty Days” and dismiss misdemeanor marijuana cases. These events would allow individuals to clear their records and regain their ability to drive legally. By removing this barrier to employment and mobility, we can empower Ohioans to participate fully in society and contribute to their communities.

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