Government
World Anti-Doping Agency Keeps Cannabis Ban in Place
The governing body considered dropping the ban following the suspension of U.S. sprinter Sha’Carri Richardson last year.
A year after saying it was reconsidering its ban on cannabis, the World Anti-Doping Agency will reportedly keep the ban in place.
The Wall Street Journal, citing “people who have seen a draft copy of the list,” reported on Monday that the agency “appears set to keep cannabis on its list of prohibited substances for 2023, despite friction over American sprinter Sha’Carri Richardson’s suspension last year.”
Richardson was suspended last summer less than a month before the start of the Tokyo Olympics after testing positive for marijuana, which brought international scrutiny to what many consider an antiquated ban.
The World Anti-Doping Agency, as well as the United States Anti-Doping Agency and the United States Olympic & Paralympic Committee, all have cannabis listed as a banned substance.
The U.S. governing bodies say that cannabis is banned because it could potentially pose a health and safety risk to athletes, and that cannabis could be a performance-enhancing substance for some.
The outrage over Richardson’s suspension prompted the World Anti-Doping Agency (WADA) to reconsider the policy. Last September, the agency said it would take up a recommendation from its Prohibited List Expert Advisory Group and launch “a scientific review of the status of cannabis.”
A year later, it appears as though the status quo will prevail.
The Wall Street Journal reported on Monday that as “the deadline approaches to finalize the WADA 2023 prohibited list, however, there are strong indications that cannabis will remain prohibited,” with the Prohibited List Expert Advisory Group in favor of “keeping a ban in place, saying that based on the scientific evidence available, the drug meets the criteria for inclusion on the list.”
According to the Journal, the advisory group “circulated a draft list for 2023 that still includes cannabis,” and that WADA “typically follows the advice.” But the Journal noted that the agency “emphasized that the list is still provisional until later this month.”
“The draft 2023 Prohibited List is still under consideration,” a WADA spokesman said in a statement, as quoted by The Wall Street Journal. “WADA’s Executive Committee will be asked to approve the final version of the List during its 23 September meeting, with the List itself being published on or before 1 October and coming into force on 1 January.”
Richardson’s positive marijuana test came shortly after she won the 100m dash at the U.S Olympic trials. Now 22, Richardson took responsibility for her actions after the test was revealed.
“I want to take responsibility for my actions,” Richardson said during an interview on the Today show at the time. “I know what I did and what I’m not supposed to do. I know what I’m not allowed to do, and I still made that decision. Not making an excuse or looking for any empathy in my case but being in that position of my life and finding out something like that—something that I would say has impacted my life positively and negatively […] when it comes to dealing with the relationship with my mother—that definitely was a heavy topic on me.”
But others were less forgiving of the decision, with Richardson drawing a wave of support from fellow athletes, lawmakers and even the White House.
“It does stink,” then-White House press secretary Jen Psaki said in an interview at the time. “I don’t think there’s a better definition of it. She has lost her mother; she’d gone through a tragedy and she’s also the fastest woman in the world—and I think she’s sending a message to a lot of little girls out there; you can do this. We know the rules are where they are; maybe we should take another look at them. We certainly have to respect the role of the U.S. Anti-Doping Agency and the U.S. Olympic Committee and the decisions they make. But it is sad.”
Source: https://hightimes.com/news/world-anti-doping-agency-keeps-cannabis-ban-in-place/
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:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
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/
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.”
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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