WEEK OF MARCH 1, 2024
OFW’s Cannabis Team regularly monitors cannabis news, legislation, regulation, and policy so our clients stay up-to-date on the latest developments impacting their business.
If you have any questions or would like more information about any of the items below, please contact us.
We also track cannabis-related legislation introduced in the U.S. Congress. If you would like to learn more about our Congressional Bill Tracker, please reach out to Ben Dash.
Federal Executive Branch — Office of the President, Departments, and Agencies
- The National Agricultural Statistics Service (NASS) published a federal register notice announcing the intent to request a revision and extension of a currently approved information collection of state and national estimates of crop and livestock production, disposition, and prices (the Hemp Production and Disposition Inquiry). Comments are also sought.
- The U.S. Army said that Biden’s marijuana pardons do “not cover military drug offenses under 10 U.S.C 112a and therefore does not result in a pardon for military personnel, nor does it apply to the civilian drug-testing program (48 CFR 252.223- 7004).”
U.S. Congress
- Stabenow threatens to block new farm bill this year over GOP demands (Politico).
- House Bill to remove marijuana as barrier to federal employment or security clearances has moot provisions, Congressional Budget Office says.
- Cannabis group hires former member of Congress (The Hill).
- Senators Warren, Omar, and Sanders alongside members of Congress seek information from J.P. Morgan Chase on account closure practices that discriminate against Muslim Americans, stating “connection to cannabis businesses.”
Cannabis Rescheduling/Descheduling
- Congresswoman Sydney Kamlager-Dove (CA-37) sent a letter to the U.S. Drug Enforcement Administration (DEA) urging DEA to reject any argument in support of maintaining marijuana in Schedule I or Schedule II based on U.S. Treaty obligations. She also tweeted, “Opponents are attempting to derail the Biden administration’s review of marijuana’s Schedule I status by claiming that rescheduling marijuana would violate U.S. treaty obligations. I sent a letter to @DEAHQ urging them to reject these meritless arguments.”
- DOJ declines to address media inquiry on cannabis rescheduling, points to 2020 resource guide – A Department of Justice spokesperson said the government has nothing further to provide beyond its confirmation of review.
- At a National Cannabis Industry Association (NCIA) summit Rep. Barbara Lee (D-CA) who leads the Congressional Cannabis Caucus said rescheduling marijuana, rather than descheduling it and fully removing marijuana from the Controlled Substances Act (CSA), could set the country back “another 50 years” on the path to federal legalization.
- Cannabis advocates say President Biden is missing an opportunity to sway young voters with his reluctance to take bigger steps to legalize marijuana at the federal level.
- American Veterinary Medical Association: HHS, senators request DEA reschedule marijuana
The States
- A patchwork of state regulations for hemp-derived delta-9 THC products is emerging.
- California: ‘Broken system’: Banned pesticides keep showing up in California’s legal pot; New research released by Department of Cannabis Control also finds 62% of Californians believe Proposition 64 has had a positive impact on the state.
- Colorado: Hemp-derived THC seltzers coming to Colorado liquor stores, restaurants; The list of pesticides that can be used on cannabis without being a violation of the Pesticide Applicators’ Act has been updated.
- Connecticut: CT Bill would prohibit cannabis discounts, stating businesses shall not “engage in advertising or marketing that includes a discounted price or other promotional offering as an inducement to purchase cannabis or any cannabis product;” Connecticut Lawmakers File Psilocybin Decriminalization Bill Despite Governor’s Concerns.
- Florida: CBD could be banned in Florida if hemp bill passes, advocates warn; A priority bill for the Department of Health (DOH) has been amended to include language addressing Black farmers and medical marijuana licenses. The amended bill gives Black farmers who applied for licenses under a 2023 law another 90 days to cure any errors or omissions on their medical marijuana applications.
- Idaho: New Idaho bill would create $420 mandatory minimum fine for marijuana possession.
- Indiana: Proposed law bans hemp sales to anyone younger than 21.
- Kansas: Kansas walks back state bill allowing hemp in animal feed. A new version of the bill would slash licensing fees for hemp producers, but would not legalize feeding hemp to animals.
- Kentucky: Marijuana advocates urge Kentucky governor to push through a bill that would decriminalize small amounts of cannabis.
- Maine: Bill seeks to stop large-scale illegal cannabis operations in Maine. Opponents say proposal is flawed and racist.
- Maryland: ‘Tornado of misinformation’ spawns bill limiting county authority over cannabis; Advocates testify in support of legislation (HB 525 and SB 513) ending workplace discrimination for cannabis consumers.
- Minnesota: Roadside testing project will give traffic safety experts new data on drugged driving.
- Mississippi: Mississippi Revokes Medical-Cannabis Testing Lab’s License After Investigation.
- Missouri: The Missouri Division of Cannabis Regulation (DCR) issued new guidance regarding the use of the terms “Sativa,” “Indica,” and “Hybrid” on marijuana product packaging+.
- Nevada: Nevada’s first regulated cannabis consumption lounge opens in Las Vegas.
- New Hampshire: New Hampshire’s latest cannabis legalization effort is moving toward familiar territory: approved by the House but with uncertain chances in the Senate; New Hampshire Senate And House Lawmakers Clash Over Marijuana Legalization Bill.
- New Jersey: NJ-CRC now offers free digital medicinal cannabis patient cards;; NJ Town Residents Say Cannabis Laws Violate Federal Law.
- New Mexico: New Mexico Governor endorses psilocybin therapy and research resolution that passed the Senate.
- New York: NYC lawmakers make yet another bid to crack down on unlicensed cannabis shops; New York Fined Unlicensed Weed Shops More Than $25 Million — and Collected Almost None of That; Cannabis officials say they want more licenses approved.
- Ohio: Recreational marijuana dispensaries in Ohio won’t be allowed to advertise on billboards; Ohio Cannabis Control wants public input on rules.
- Oklahoma: Bill seeks to close delta-8 THC legal loophole in Oklahoma.
- Oregon: Oregon Democratic lawmakers reach tentative deal to address drug addiction crisis. Recovery advocates expressed disappointment and warned that it would reverse progress that followed Measure 110, the voter-backed law that decriminalized possession of small amounts of drugs and put a share of cannabis revenue toward addiction services and programs; CBD laws in Oregon: exploring rights and restrictions.
- Pennsylvania: Legalized marijuana called a ‘potential new cash crop’ for Pa. farmers; Senator Maria Collett tweeted, “legal marijuana is already accessible in NJ, DE, MD, NY, and OH. Why not keep that revenue & business opportunity here in our Commonwealth and #LegalizeIt?”
- Rhode Island: Marijuana growers are making more campaign donations to legislative leaders and governor in hopes of cutting through red tape.
- South Carolina: Letters: It’s time to legalize medical marijuana treatments for SC patients. The S.C. Compassionate Care Act seeks to offer relief through the medically supervised use of marijuana.
- South Dakota: If the governor agrees to the bill, the names of people certified for South Dakota medical cannabis cards will be added to the state’s prescription drug monitoring program. The House also passed SB10 that would require a notification of medical cannabis certification be provided to a patient’s primary or referring practitioner; A proposed South Dakota law intended to crack down on products that contain high concentrations of intoxicating delta-8 THC and other cannabinoids also threatens the CBD market in one of the country’s biggest hemp-growing states; Medical cannabis businesses could soon lose some legal protections that South Dakota voters put into state law three years ago – state legislators are considering whether to allow law enforcement to inspect, search, seize materials or prosecute dispensaries, as well as facilities that grow, manufacture or test cannabis.
- Texas: What Could Marijuana Rescheduling Do For Texas?
- Virginia: A day after a Virginia House panel approved a new compromise bill to legalize retail marijuana sales, a Senate committee has also advanced the deal; Industrial hemp farmers were disappointed to see a measure killed in the House that would have increased the percentage of THC allowed in hemp grown for fiber and grain cultivation; Virginia bill protects employees who use medical cannabis oil in accordance with state laws from discrimination by their employers; Lawmakers swat down bill to increase THC level in industrial hemp. Farmers want to increase the allowed amount of THC from .3% to 1%; New Amendments To Virginia Marijuana Sales Bill Risk Upsetting Earlier Compromise Between House And Senate.
- Washington: Marijuana bill sponsor Rep. Shelley Kloba (D) not giving up after latest failure, which would have allowed adults 21 and older to grow up to four plants per person, with no more than 10 allowed per household.
- Wyoming: Officials urge community to educate on delta-8, hemp-derived products.
Cannabis Abroad
- Germany: Bundestag votes to legalize cannabis.
- Stenocare receives approval to sell a new medical cannabis oil product in Denmark.
- As the United Kingdom lags behind the US on medical cannabis legalization, debate continues.
- Xebra Brands Receives Federal Authorization for Legal CBD Launch in Mexico.
- This Australia-wide study found clear differences in consumer-reported experiences of prescribed THC- and CBD-containing products. The University of Sydney study is based on data collected from the CAMS-20 survey.
- Canada says; Canadian government hiking cannabis regulatory fees in April.
- ‘New Era in Greek Healthcare’ as First Medical Cannabis Prescriptions Issued.
Customs and Trade
- Jamaica sends legal cannabis products to us for analytical testing, after the Jamaican Ministry of Health and Wellness and the DEA both approved the export. Cannabis and cannabis products may also be imported from other countries with the proper authorizations. The DEA regulates the importation of controlled substances into the United States, and the U.S. Food and Drug Administration (FDA) regulates the importation of investigational new drugs. Any laboratory testing hemp for THC concentration under the U.S. Domestic Hemp Production Program must be registered with the DEA to handle controlled substances by December 31, 2024. A full list of registered laboratories is available here.
- USDA’s National Weekly Hemp Report shows zero imports of Hemp (True hemp (Cannabis sativa L.)) classified under the US Harmonized Tariff Code (HTSUS) 5302.10.000 for this past week since the start of 2024, stalling the total import value at $188,234 as reported last week.us far. In contrast, a value of $1,066,045 was recorded in imports of Hemp Seed for Consumption (Oil Seed & Oleaginous Fruits, Broken or not) classified under HTSUS 1207.99.0360 in this past week alone, making the value for the year grow to $6,630,741. Canada continues to lead in the volume and value of imports in this category of product followed by China.
- Seizures of marijuana seeds affect the travel records of importers of records who are now subjected to secondary inspection, revocation of Global Entry, and TSA pre-check. Failure to understand the federal legality of cannabis when operating state-lawful marijuana farms is not sufficient to overcome Customs and DHS enforcement.
- CBP describes Hemp Testing Enforcement Discretion – Until December 31, 2024, the USDA Agricultural Marketing Service has delayed enforcing the requirement that all hemp must be tested by a DEA – registered laboratory.
Business, Banking, Insurance
- Companies Were Big on CBD. Not Anymore – A lack of federal regulation and a mishmash of state laws have made selling products featuring the cannabis-derived ingredient not worth the trouble (The New York Times).
- U.S. Cannabis Council is accepting donations for marijuana-legalization lobbying at Curaleaf stores.
- Young Workers’ Injuries Rise After Recreational Marijuana Sales Made Legal (study).
- US marijuana business licensing declined for the first time in 2023.
Other Noteworthy Updates
- In a study published in the journal Drug and Alcohol Dependence, researchers from Columbia University Mailman School of Public Health and other institutions examined the changes in cannabis use disorder (CUD) treatment associated with cannabis policy (Forbes).
- The legal landscape of flying with marijuana in the United States, from state vs. federal laws to TSA’s stance and potential legal risks travelers may face.
- A new study in Journal of the American Heart Association, also funded by the National Heart, Lung, and Blood Institute (NHLBI), part of NIH, found that cannabis use is linked to increase in heart attack and stroke risk.
- An article by Bloomberg, using the study, reveals Going ‘California Sober’ May Be Bad for Your Heart.
- Cannabis use policies are on the rise yet treatment for cannabis use disorder treatment remains low.
- CBD shown to ease anxiety without the risks that can come with THC (University of Colorado, Boulder)
- Parents’ Use of Cannabis for Autism Treatment Leads to Legal Battle With Child Protective Services.
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If you are interested in exploring commercial opportunities in the cannabis space, we would be happy to assist you in any of your cannabis law questions, comments, or concerns. Please contact Tish Pahl (tpahl@ofwlaw.com), Kyla Kaplan (kkaplan@ofwlaw.com), Denise Calle (dcalle@ofwlaw.com), and Ben Dash (bdash@ofwlaw.com) for assistance.