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55% of Texans Want Legal Weed, So What Is the Problem? – CannaNews Report

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Why can’t Texas just accept legal weed? Wiscoinson makes a push and Mississippi makes changes

Over 50% of Texans Wants To Legalize Weed

The struggle to decriminalize marijuana in some Texas cities has reached a new level. According to a recent poll, a majority of Texas voters support marijuana legalization. Around four in five people believe cannabis should be allowed for recreational or medical use. According to the University of Texas/Texas Politics Project Poll, a substantial majority (72 percent) support decriminalizing cannabis by making the misdemeanor punishable by a fine and citation rather than jail time.

The survey clarifies that Texas people are eager for reform as lawmakers prepare for the 2023 session. The survey shows that 55% of respondents believe that cannabis use should be legalized for any purpose and in small amounts. Only 17 percent of respondents felt marijuana shouldn’t be legalized, while another 28% thought it should only be used medically.

Democrats were the most pro-reform group, with 72% supporting vast legalization. Another 19% argued that it should only be permitted for medical purposes. Independents came in second, supporting legalization for all purposes by 57% and medical cannabis legalization just by 31%. Republicans were the least enthusiastic, although even they agreed that cannabis should be legalized for all uses (41%) and for medical use alone (36%).

Separate questions in the poll also asked Texans if they “favor or oppose lessening the punishment under State’s law for the use or possession of minor amounts of cannabis to a reprimand and a fee,” which practically equates to a decriminalization model. The plan received support from the majority (72 percent). That includes responders from almost all demographic groups questioned, including Democrats (84%), Republicans (63%), and Independents (66%).

In the next legislative session, Texas legislators will have the opportunity to adopt such a change. Although it is unclear whether the conservative lawmakers would again ignore public opinion. Several reform proposals have already been introduced in the Legislature for 2023. These include legislation to legalize adult-use marijuana, expand the state’s restricted medical cannabis program, and modify hemp restrictions. The likelihood of such plans becoming law, however, is still uncertain.

Cannabis decriminalization legislation was approved by the House in 2019, but the Senate did not move it forward during that session. Since then, lawmakers have been unable to support more comprehensive cannabis legislation throughout recent sessions. Gov. Greg Abbott (R) stated that he doesn’t think people should be imprisoned for possessing small amounts of marijuana. The governor falsely asserted that the policy had already been enacted statewide.

With a margin of error of +/- 2.89 percentage points, this most recent University of Texas poll interviewed 1,200 self-identified registered voters between December 2 and 11. It adds to several earlier surveys highlighting how ready Texans are for the reform of cannabis laws.

A survey conducted last year shows that a sizable majority of Texans, including the majority of Republicans, support even more sweeping changes to legalize cannabis for adult use. Another poll revealed that over 90% of respondents believe cannabis should be legalized for some usage, while 60% of people in the state support making marijuana legal “for any use.”

Additionally, a study conducted in June indicated that Texas residents favor legalizing marijuana more than they do President Joe Biden or the state’s top elected authorities. In September, House Speaker Dade Phelan (R) stated that he would attempt to pass criminal justice reform in the 2023 term. He once more voiced support for reducing marijuana possession penalties.

Wiscoinson Governor Pushes for Marijuana Legalization, Again

The likelihood of Wisconsin legalizing recreational marijuana is not necessarily remote. This is because Governor Tony Evers plans to include the matter in the budget he will present to lawmakers early next year, says WPR.

In a Tuesday interview, Evers stated, “It will be in the budget.” “There is no doubt about that.” Users must be 21 to purchase cannabis under Evers’ new legalization initiative. The initiative is anticipated to yield $166 million in money that Evers intends to use to help finance schools.”

However, he suggested that Republican politicians might be more inclined to legalize medical marijuana. According to Evers, who defeated Republican candidate Tim Michels in this year’s midterm elections, “There’s an increasing number of folks in the Legislature who could be inclined to go in the direction of medicinal marijuana .” If the Legislature can unite behind medicinal marijuana, he would sign that bill.

Nonetheless, leading Republican Senator Devin LeMahieu believes otherwise. “I don’t think we still have the backing in our group even for medical marijuana,” LeMahieu told 27 News. But it’s definitely something they’ll consider as a group in the future.

While medicinal cannabis has been a difficult sell to the Wisconsin state authority, the general people are enthusiastic about it. According to a 2019 Marquette University Law School study, 83 percent of voters supported medicinal marijuana legalization.

A recent Marquette poll indicated that 61 percent of Wisconsin respondents supported recreational marijuana legalization, including most Democrats and Republicans.

Despite widespread public support, Evers admitted that his initiative to legalize recreational cannabis may fail in the Legislature.

According to Evers, even if the people of Wisconsin favor recreational marijuana in large numbers in polling, he is unsure if the Republicans are ready yet. All he knows is that there is chatter on the Republican side about medicinal marijuana, from what I’ve heard.

Mississippi Regulators Announce Changes to Medical Cannabis Regulations

According to the National Law Review, the Mississippi Department of Health wants to change the state’s medical cannabis legislation. Changes are suggested for processors, cultivators, testing facilities, disposal businesses, transportation companies, labor advertising, permits, promotion, and registry/ID cards.

Among the prominent ones is a clause stating that a qualified patient must “attend a follow-up visit with the same practitioner the patient first visited not just under six months after the time the practitioner granted the practitioner certification.” Another rule states that “although cannabis enterprises can have an established online and social media presence, they cannot advertise photos or images of cannabis or cannabis products on these sites.”

Source: https://cannabis.net/blog/news/55-of-texans-want-legal-weed-so-what-is-the-problem-cannanews-report

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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