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New Hampshire Senate Votes Down Cannabis Legalization Bill
The New Hampshire Senate has rejected a recreational marijuana legalization bill that was passed by the state House of Representatives last month.
The New Hampshire state Senate on Thursday voted down a bill to legalize recreational marijuana, with senators on both sides of the aisle citing concerns for children’s safety. The measure, which was passed by the New Hampshire House of Representatives last month, was rejected in the Senate by a vote of 14-10 on May 11.
Republican Senator Jeb Bradley, the president of the New Hampshire Senate, said that as the state combats a drug addiction and overdose crisis, it is not the right time to legalize marijuana.
“Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk,” Bradley said in a written statement cited by the Coast Reporter.
Had the measure been passed by the state Senate and signed into law by Republican Governor Chris Sununu, House Bill 639 would have legalized the possession and use of small amounts of marijuana for adults aged 21 and older. If adopted, New Hampshire would have been the 22nd state in the nation to legalize recreational marijuana, making it the last in New England to end the prohibition of cannabis.
The legislation would have renamed the New Hampshire Liquor Commission as the Liquor and Cannabis Commission, which would have been tasked with regulating the commercial cultivation, processing, safety testing and distribution of cannabis. The measure also included a 12.5% tax on cannabis cultivation, with revenue raised by the tax dedicated largely to the state’s pension liability and New Hampshire’s education trust fund. Revenue raised from cannabis taxes would also have been used to fund substance misuse programs and law enforcement training.
Under current New Hampshire law, simple possession of up to ¾ of an ounce of cannabis is a civil offense subject to a fine of up to $100. Possession of cannabis in amounts greater than ¾ of an ounce is a misdemeanor punishable by up to one year in jail and a fine of up to $350.
Opponents Cite Youth Safety in New Hampshire
Senator Lou D’Allesando, the lone Democrat in the Senate to vote against the legalization bill, noted that he spent 50 years of his life as a teacher and coach. Also a grandparent, he said that he was opposing the bill to protect kids.
“It would say to our children that marijuana is safe and could be used without harmful consequences,” D’Allesandro said, “and nothing could be further from the truth.”
With the exception of D’Allesandro, all Democratic senators voted in favor of the bill, while all but one Republican voted against the measure. Democratic Senator Becky Whitley refuted claims that legalizing marijuana for adults would cause the rate of use by young people to rise dramatically.
“Youth already use marijuana right now in our state; it’s undeniable,” said Whitley. “What I want to see is a decrease in that use, and if we legalize, that’s what I’m hearing will happen.”
House Democratic Leader Matt Wilhelm said that legalizing marijuana has significant public support in New Hampshire, adding that regulating cannabis could have a positive impact on public health.
“Every day that New Hampshire remains an island of prohibition, more voluntary tax revenue from our residents flows to surrounding states to fund programs and services benefitting their residents,” Wilhelm said in a press release.
Frank Knaack, policy director at the American Civil Liberties Union of New Hampshire, criticized senators who failed to vote in favor of the legalization bill.
“These lawmakers are willing to ignore the will of their own constituents and are okay with continuing to needlessly ensnare over a thousand people — disproportionately Black people — in New Hampshire’s criminal justice system every year,” said Knaack.
The New Hampshire House of Representatives passed the legislation on April 7, but approval became unlikely in the Senate after a key committee recommended against passing the measure. Previous attempts to legalize recreational marijuana in New Hampshire have also seen success in the House of Representatives but failed to gain approval in the state Senate. Supporters of HB 639 had hoped that legalization efforts would finally see success in 2023.“New Hampshire remains the only state in New England that has failed to legalize cannabis, while our neighbors benefit from increased revenue and their cannabis users benefit from safer testing and regulation of the product,” Democratic Representative Matt Wilhelm, a co-sponsor of the bipartisan bill in the House of Representatives, said in a statement after the bill succeeded in the lower chamber of the legislature last month. “Legalization of adult possession of small amounts of cannabis is the right thing to do for New Hampshire and we must get it done in 2023.”
Source: https://hightimes.com/news/new-hampshire-senate-votes-down-cannabis-legalization-bill/
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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