CANNASWEEP

WEEK OF APRIL 26, 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

• Dr. Califf, Commissioner of FDA, says CBD Is not “NBD,” and urges Congressional action – Califf testified that FDA does not consider hemp-derived CBD safe enough to be sold lawfully as a dietary supplement, and urged Congress to create a new pathway to regulate CBD.
• President Biden tweeted, “[s]ending people to prison just for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit. It’s time that we right these wrongs.”
• Vice President Harris tweeted, “[n]obody should have to go to jail for smoking weed. We must continue to change our nation’s approach to marijuana while reforming the justice system so it finally lives up to its name.”
• Ahead Of 4/20 White House Says Biden Has Been ‘Very Clear’ In Supporting Marijuana Decriminalization, But the administration is waiting for DEA’s scheduling decision.
• The National Highway Traffic Safety Administration (NHTSA) published a report to Congress identifying barriers to marijuana research, including, developing impaired driving detection technology. The study pointed out that rescheduling “may ease researcher access to products.”
• Cannabis is a rare consensus issue ahead of US election

U.S. Congress

• “We want to see a package with SAFER Banking, with RECOUP, with making sure crypto has … consumer protection and dealing with a lot of the illicit currency issues,” Senate Banking Chair Sherrod Brown (D-Ohio) said.
• Congressional Progressive Caucus Unveils New Legislative Agenda, featuring: “Marijuana Legalization: Legalize cannabis, expunge records, and provide restorative justice for people with marijuana-related convictions.”
• Cannabis SAFER Banking Crypto Legislation Deadline May 10? Three Key Takeaways regarding Cannabis Crypto Legislation and SAFER Banking Act.
• Here’s what politicians are tweeting on 4/20 this year.
• Sen. Fetterman (D-PA) highlights the need for ‘safe, pure, taxed’ marijuana as part of his 4/20 push to legalize weed.
• Sen. Daines (R-MT) said marijuana expungements “should be more of a state issue.”
• Rep. Lee (D-CA-12) said, “No need to pressure Biden admin. on expungements because ‘that’s a given.’”
• Rep. Burchett (R-TN-2) tweeted, “Americans shouldn’t have to give the U.S. government their fingerprints just to grow hemp.”
• Rep. Blumenauer (D-OR-3) says marijuana “is sort of the sleeper issue of this election.”
• How Congress Created a Legal Market for THC—By Mistake (Bloomberg Law)
• Former Colorado State Senator: It’s time for Republicans to lead on cannabis regulation. It’s also time for the GOP to help pass the SAFER Banking Act.

Cannabis Rescheduling/Descheduling

• A large coalition of businesses, operators, and advocates sent a letter to Senator Mitt Romney (R-UT) pushing back on his claim that de-scheduling marijuana will violate international treaties.
• This is the ‘Last 4/20 That Cannabis Will Be Schedule I’ drug says US Rep. Earl Blumenauer (D-OR-3), founding co-chair of the Congressional Cannabis Caucus.
• Senator Daschle & Charlie Panfil hosted the 2nd Annual Bipartisan Cannabis Policy Happy Hour. In his welcoming remarks, Sen. Daschle discussed the need to pass the STATES 2.0 Act, Congress’ only bipartisan cannabis de-scheduling & regulation bill.

Enforcement Actions

• Recreational cannabis legalization and immigration enforcement: a state-level analysis of arrests and deportations in the United States, 2009–2020 – findings suggest that decreasing penalties for cannabis possession through state RCLs may reduce some aspects of immigration enforcement related to cannabis possession.

The States

• Alabama: Opinion – It’s time to fully legalize marijuana in Alabama
• Arkansas: Arkansas now has more than 100,000 active medical marijuana patient cards — a milestone reached this week as a group begins collecting signatures to place an expansion of the state’s medical marijuana program on the November ballot.
• Colorado: More Than A Decade After Approving Marijuana Legalization, Colorado Voters’ Support Continues To Grow, New Polls Show; Highlights from NoCo Hemp Conference Panels: How did we get here, and where are we going?
• Delaware: Delaware Marijuana Commissioner Works to Include Medical Operators to Kickstart Adult-Use Sales.
• Florida: DeSantis paints a scary picture of weed amendment but misses the key point (Opinion)
• Georgia: Bill to regulate hemp products in Georgia awaits governor’s signature while some hope for veto
• Hawaii: Hawaii Senate Rejects marijuana decriminalization expansion Bill, while expungements Legislation heads to Governor
• Illinois: Illinois Gov. J.B. Pritzker highlighted the marijuana industry while campaigning for President Biden’s reelection campaign in Grand Rapids on Saturday.
• Iowa: Restrictions pose challenges to the consumable hemp industry.
• Kentucky: Kenton County Mayors group discusses new state legislation for medical marijuana, planning ahead.
• Louisiana: New Orleans-based THC, CBD seltzer brand to begin production at Port Orleans Brewing Co.
• Maryland: A survey of Maryland medical cannabis patients indicates an increase in risky behaviors involving cannabis after “the pivotal transition” to adult-use legalization in 2023.
• Massachusetts: After Long Delay, Marijuana Social Equity Fund In Massachusetts Awards $2.3 Million In Grants To Cannabis Businesses.
• Michigan: Michigan cannabis regulation official presents proposed new rules to industry professionals.
• Minnesota: Ex-Minnesota Gov. Jesse Ventura says he will sell cannabis edibles; The Minnesota House approved changes to the recreational cannabis law, setting up a system to give so-called social equity applicants an early decision on whether they will get licenses, this week on a near party-line vote; DEA Shouldn’t Be In Charge Of Marijuana Rescheduling Decision, Jesse Ventura Says.
• Mississippi: Police say products being sold in Mississippi smoke shops is so similar to cannabis that they cannot discern the difference.
• Missouri: Health Advisory – Health Risks Associated with Hemp-Derived Intoxicating Cannabinoids; Missouri attorney general launches investigation of intoxicating hemp products.
• Nebraska: A Nebraska bill containing a provision to set a 25 percent tax rate on hemp and CBD products—down from an initially proposed rate of 100 percent—fell apart this week, with its sponsor acknowledging on the final day of the state’s legislative session that it did not have the votes to overcome a filibuster.
• New Hampshire: While uncertainty remains around how New Hampshire’s Senate will receive a House-passed measure to legalize adult-use cannabis, lawmakers separately took up a batch of bills (HB 1278, HB 1231, HB 1349, HB 1581, SB 357, SB 426) this week that would make changes to the state’s existing medical marijuana system.
• New Jersey: For the last two years, people have been able to stroll into New Jersey dispensaries to buy weed. But growing your own cannabis plant remains a third-degree felony.
• New York: New York’s Governor Kathy Hochul has announced a new plan to ‘finally put an end to the chaos’ of unlicensed shops throughout the state. Under the new plan, which forms part of the state’s incoming budget, the Office of Cannabis Management will be given the authority to ‘padlock’ businesses immediately following an inspection if they are selling illicit cannabis; Members of New York’s largest cannabis industry trade group are furious and threatening to leave the association after its leadership sent a letter urging state officials against issuing too many cannabis licenses – which, they said, could risk flooding the statewide market; New York Cannabis Farmers Left Disheartened as State Budget Fails to Deliver Relief; Confidential documents obtained by THE CITY reveal how Chicago Atlantic Group became one of the biggest beneficiaries of the state’s legalization program.
• North Carolina: Medical marijuana can now be legally purchased in North Carolina with the Eastern Band of Cherokee Indians opening its long-planned dispensary this weekend on tribal land; N.C. state senator uses campaign ad in push to legalize marijuana.
• Ohio: Ohio Hemp Company has inked a deal with Michigan-based Heartland Industries to grow hemp fiber for use in bioplastics; Ohio recreational marijuana sales could begin this summer.
• Oklahoma: Attorney General Gentner Drummond today applauded state House members for their passage of HB 4156. Drummond requested the measure, which allows state law enforcement to arrest and incarcerate illegal immigrants, to assist his efforts to eliminate the state’s numerous illegal marijuana grows often run by foreign nationals; ‘Anybody with a hangnail could get a medical card’: Oklahoma governor cites medical marijuana industry on unintended consequences of state’s initiative petition process.
• Oregon: At its regularly scheduled monthly meeting the Board of Commissioners of the Oregon Liquor and Cannabis Commission finalized action on rules allowing for batch tagging for legal marijuana production.
• Pennsylvania: Laughlin Introduces PA Uniform Firearms Act Update for Medical Marijuana
• South Carolina: Where efforts to legalize medical marijuana in South Carolina stand in 2024; State Lawmakers Will Take Up Senate-Passed Medical Marijuana Bill This Week, Earning Praise From GOP Congresswoman.
• Texas: What you need to know about Lubbock’s proposed marijuana ordinance on the May 2024 ballot.
• Vermont: Senate Panels Advance Safe Drug Consumption Site Bill After Narrowing Scope To A Single Burlington Facility.
• Virginia: Ahead Of 4/20, Democratic Legislative Campaign Committee (DLCC) Slams Virginia GOP Governor For Marijuana Vetoes.

Cannabis Abroad

• The Global Evolution of CBD Legalization: Early Adopters and Delayed Acceptance.
• Belgium passes report on cannabis policy, without a majority.
• Canadian Pediatric Society Issues Guidance on Cannabis; B.C. cannabis growers call Vancouver 4-20 ‘debacle’ a missed opportunity.
• Germany: Bundesgerichtshof (BGH) maintains a strict THC limit of 7.5 grams, as legalization does not change the previously applicable low THC limit for non-small amounts.
• Japan’s CBD market hits $154 million and should keep growing, the report suggests.
• Pakistan sets cannabis rules, eyes sales to help balance books.

Customs and Trade

• Why are US officials seizing regulated cannabis in New Mexico?
• New Mexico Governor Presses Biden Official About Spike In Federal Marijuana Seizures From Licensed Businesses.
• Border patrol cannabis seizures press industry.

Business, Banking, Insurance

• Report: Cannabis Industry Employs More Than 440,000 Full-time Workers.
• Cannabis Rolling Papers May Pose Health Risks From Heavy Metals, Study Finds (Forbes).
• Innocan Pharma Corporation announced on Monday that it has submitted its letter of application for a Pre-IND meeting with the FDA, for its Liposome-Cannabidiol (LPT-CBD) injectable treatment of chronic pain. With the move, the company initiated the regulatory process with the FDA for the approval of its prolonged CBD release technology for human use.
• With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations. (National Law Review).
• CannabisConfirm™, a first-of-its-kind urine testing method, gives practitioners and employers the ability to identify legal versus illicit cannabis use. 
• Multi-state class action alleges that Stiiizy marijuana products marketed as ‘hemp’ contain THC up to 200% above the legal limit.
• Brands And Advocacy Groups—From ACLU To KFC—Launch 4/20 Promotions To Mark The Marijuana Holiday.
• Want More Green? Buy These 3 Red-Hot Cannabis Stocks.
• NBA Legend Carmelo Anthony Launches Cannabis Brand And Agency (Forbes).

Other Noteworthy Updates

• Registration is now open for the 8th Annual Cannabis Research Conference to be held Aug. 7-9, 2024 at Colorado State University in Fort Collins, Colorado.
• The Impact of Emerging Markets on Cannabis Testing. How regulated is cannabis in terms of DEA approvals or FDA involvement? Does this impact scientists’ access to cannabis materials?
• Poll: Most Americans believe marijuana is safer than alcohol and tobacco; 62% of Americans think the use of marijuana should be made legal in the U.S.
• The Future of Hemp: A Path Toward Sustainability (cbdMD)
• From treating HIV to diabetes, researchers at Michigan State are looking into the potential health benefits of cannabis use for a variety of diseases due to the plant’s anti-inflammatory effects.
• A new survey of Americans’ habits, opinions, and expectations around cannabis finds that nearly 6 in 10 adults are “surprised marijuana hasn’t been legalized across the United States yet.”
• Weed withdrawal: More than half of people using medical cannabis for pain experience withdrawal symptoms. The study found that 59% percent of people using medical cannabis for chronic pain experienced moderate to severe withdrawal symptoms if they stopped ingesting weed for hours or days.
• The drug war devastated Black and other minority communities. Is marijuana legalization helping?
• Cannabis legalization has led to a boom in potent forms of the drug that present new hazards for adolescents
• Medical Cannabis To Manage Multiple Sclerosis Symptoms
• Weed withdrawal: More than half of people using medical cannabis for pain experience withdrawal symptoms
• A new study looks into CBD’s ability to help treat those with crack use disorder, and while the cannabinoid may have similar efficacy for treatment, it had “significantly” fewer adverse effects than traditional medications.

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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.