Tag: legalized marijuana

Teen Use Of Delta-8 THC Is Higher In States Without Legal Marijuana, New Study Published By American Medical Association Finds

Teen use of delta-8 THC is higher in states where marijuana is illegal, according to a new study published on Tuesday in the Journal of the American Medical Association (JAMA). When it comes to adolescent consumption of cannabis itself, “there were no differences in marijuana use by state-level cannabis policies,” the researchers concluded, contrary to legalization opponents’ oft-repeated claim that the reform will lead to increased teen use.

Overall, just over eleven percent of high-school seniors self-reported using cannabis products containing delta-8 THC in the past year, the study found. Use of the largely unregulated psychoactive cannabinoid “is appreciable among US adolescents,” authors wrote, “and is higher in states without marijuana legalization or existing Δ8-THC regulations.”

In states where marijuana remains prohibited, 14 percent of high-school seniors said they had used a delta-8 product in the past year, the federally funded research found. Where marijuana was legal, that figure was 7 percent.

Local decisions to regulate delta-8 THC were linked to even lower use rates among adolescents. In states with no delta-8 rules, 14.4 percent of participants had used the cannabinoid within the past year compared to just 5.7 percent in states with delta-8 regulations.

“Given the federal policy context and divergent regional and policy correlates of Δ8-THC and marijuana use found in this study,” the report says, “Δ8-THC may be marketed to and/or used by adolescents as a psychoactive cannabis substitute in places in which adult-use marijuana is illegal.”

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Virginia Lawmaker Slams Governor For Vetoing Bill To Protect Marijuana Consumers’ Parental Rights

The House sponsor of legislation in Virginia that aimed to protect the parental rights of lawful cannabis consumers is criticizing Gov. Glenn Youngkin’s decision last week to veto the bill.

If enacted, HB 833 would have prevented the state from using marijuana alone as evidence of child abuse or neglect and, further, established that drug testing in child custody and visitation matters “shall exclude testing for any substance permitted for lawful use by an adult” under the state’s alcohol, cannabis and drug laws.

Youngkin vetoed the bill on Friday, writing in a message that “the proposed legislation, aiming to address a non-existent problem, has potential consequences that may expose children to harm.”

Del. Rae Cousins (D), the bill’s sponsor, said in a statement on Monday that the governor “is turning his back on the needs of our children and neglecting their well-being by encouraging the courts to move forward with unnecessary family separations.”

“We have seen how this is playing out in our courts; with Black and Brown families receiving harsher mandates from our judges for legal and responsible substance use,” the lawmaker said. “Family separation has devastating effects both on our communities and on the well-being of children, and by vetoing this legislation, Governor Youngkin is telling our courts that they can continue to unnecessarily tear children away from their parents.”

On its path to the governor’s desk, the legislation won unanimous or near-unanimous approval in votes on the Senate floor. The House was more divided, with Democrats generally in favor, though the proposal garnered some Republican votes, as well.

“I am deeply disappointed in Governor Youngkin’s decision to veto this bipartisan, commonsense bill that simply helps families stay together,” Cousins said.

The bill now returns to the legislature, where two thirds of both houses will have to approve it in order to override Youngkin’s veto. A companion Senate version of the measure, SB 115, also passed the legislature this session but has not yet been transmitted to the governor’s desk.

The proposal says a person’s “lawful possession or consumption” of state-legal substances would “not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child.” An enactment clause would have directed the state Board of Social Services to amend its regulations, guidance documents and other materials to comply with the provisions of the bill.

Cousins, in the statement from her office, noted that courts “would still have full ability to assess what is in the best interests of the child, including the risk of physical or mental harm.”

Advocates have said they’re disappointed with Youngkin’s veto decision but pledged to continue pushing for the policy change.

“Disappointed doesn’t describe how it feels for the veto to come down after two years of pushing this proposal,” Chelsea Higgs Wise, executive director of the group Marijuana Justice, told Marijuana Moment last week, adding that organizers “will be back next year and every year until we get it right.”

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Minnesota Regulators Launch Effort To Catch Retailers Selling Illegal Marijuana As ‘Hemp’ Flower

It has been an open question—until now—whether registered hemp retailers in Minnesota are selling raw cannabis flower that crosses the line between legal hemp and illegal marijuana.

Marijuana use is legal in Minnesota, but legal sales haven’t started yet outside of tribal reservations. That means a raw cannabis flower purchased in the Twin Cities that recently tested above the legal limit isn’t supposed to be sold in the state.

Because of a gap in the state’s new recreational cannabis law, no state regulators had either the legal authority or the inspectors to sample the flower being sold to check whether it exceeded the federal and state definitions for hemp. That is, is the flower being sold in some stores legal or illegal? Does it contain more than 0.3 percent delta-9 THC, the intoxicating compound in marijuana?

Turns out, it does. The sample purchased from a registered hemp store by a private person tested at levels that are illegal under the law, according to the results from a California-based cannabis testing lab. MinnPost agreed not to name either the raw flower purchaser or the lab but has verified the identities of both.

The lab reported the flower showed a potency of 1.1 percent delta-9 THC, three times the limit under state law. The same sample showed that the bud had total THC content of 29.99 percent. Total THC is a measure of all different types of THC in the flower and 29.99 percent is similar to the types of flower sold in legal recreational marijuana states.

The retail sample tested is actually more potent than a cannabis sample purchased on the illicit market in Minnesota and tested by the same lab. That sample showed 1.38 percent delta-9 THC and 25.36 percent total THC.

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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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