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Activists To Demonstrate For Cannabis Clemency in D.C.

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Hip hop legends Redman and M1 of Dead Prez will join cannabis policy activists and justice reform advocates to call for cannabis clemency at a White House protest on Monday.

Hip hop icons Redman and M1 of Dead Prez will join cannabis activists in Washington, D.C. on Monday to protest the Biden administration’s failure to release people imprisoned on federal marijuana convictions. The rally, which is being billed as an act of civil disobedience, will bring together cannabis policy reform groups including Students for Sensible Drug Policy, D.C. Marijuana Justice, the Last Prisoner Project and Maryland Marijuana Justice as members protest in front of the White House on October 24.

Steve DeAngelo, a cannabis policy reform leader and co-founder of the Last Prisoner Project, said that he has helped organize Monday’s demonstration to bring attention to the plight of those imprisoned on nonviolent marijuana charges, often for decades. Activists hope the protest will spur the White House to take action on cannabis clemency before the November general election.

“As the nation heads into the midterms, I am calling for one simple thing— that President Biden keep the promise he made during the last election cycle, to release those people still serving prison sentences for cannabis convictions,” DeAngelo wrote in an email to High Times. “As the White House itself has admitted, the recently announced pardons will not free one single person.”

On October 6, President Joseph Biden announced that he had issued an executive order pardoning all people who have been convicted on federal charges of simple marijuana possession. An analysis of Biden’s executive order conducted by the New York Times estimated that the pardons will apply to about 6,500 people convicted of federal weed possession charges between 1992 and 2021 and thousands more with similar convictions in Washington, D.C. But the action provides no relief for cannabis prisoners currently behind bars, most on marijuana distribution and related charges. 

“At a minimum, if President Biden really wants the support of cannabis voters, as a show of good faith, he should immediately release at least 100 of the 2800 federal prisoners currently serving time on non-violent cannabis charges,” DeAngelo said. “If President Biden refuses to act, I will gather at the White House on October 24 along with hip hop legends M1 and Redman, and hundreds of other cannabis activists, to hold the President’s feet to the fire.”

M1 said, “I decided to participate in this action because of the inaction of this government to step on the right side of his/herstory. My cannabis community deserves freedom and justice. And with my cultural activist comrades, we will keep our finger on the pulse of the People. Free ‘em ALL!”

Biden Administration Exploring Rescheduling Cannabis

Biden’s announcement earlier this month also included a call for governors to take similar action on cannabis clemency at the state level. The president also directed Secretary of the Department of Health and Human Services Xavier Becerra and Attorney General Merrick B. Garland to review cannabis’ status as a Schedule 1 drug. Despite the historic nature of Biden’s pardons, activists argue that the president did not go far enough.

“I’m outraged that the President would make an executive action on cannabis but release zero of our incarcerated friends and family,” Kat Ebert, board chair of Students for Sensible Drug Policy, said in a statement from the group. “He’s forcing us to raise our voices to be heard in order for the wider public to understand cannabis prisoners are still not free. On October 24th we plan to make it clear to the Democratic leadership that we won’t accept mostly symbolic actions. We demand clemency for all cannabis prisoners.”

DeAngelo is the co-founder of the Last Prisoner Project, a group working to free those imprisoned on cannabis charges. In addition to the activist groups involved, formerly incarcerated individuals and local cannabis freedom fighters will also take part in the protest.

“If President Biden truly wants to repair the harms of our nation’s unjust policy of prohibition, this initial progress must be followed up with bolder action—action that would actually lead to freedom for cannabis prisoners,” said Sarah Gersten, LPP executive director and general counsel.

Monday’s demonstration is scheduled to begin at 10 a.m. local time at the gates of the White House, with Redman and M1 slated to appear to join the call for cannabis clemency. The crowd will gather at the Andrew Jackson statue in Lafayette Square before engaging in expected civil disobedience nearby, with the goal of drawing attention to the lack of people released from federal prison as a result of Biden’s executive order.

“DCMJ is joining protests to free all cannabis prisoners because we’ve simply waited too long,” said Adam Eidinger, co-founder of D.C. Marijuana Justice, a group that has spearheaded cannabis policy reform efforts in the nation’s capital. “We are excited that students are leading this effort to make tangible gains on freeing cannabis prisoners whose continued confinement is immoral and unjustified.”

Source: https://hightimes.com/activism/activists-to-demonstrate-for-cannabis-clemency-in-d-c/

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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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