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Advocates in Nebraska Launch Medical Cannabis Ballot Campaign for 2024
Despite setbacks from past initiatives, Nebraska advocates are beginning to ramp up efforts to legalize medical cannabis once again.
Advocates in Nebraska, one of the few remaining states in the U.S. that have not enacted medical cannabis legislation, recently filed paperwork to get a medical cannabis initiative on the ballot in 2024.
According to the Nebraska Examiner, Nebraskans for Medical Marijuana will need more than 200,000 signatures for the initiative to qualify. The group’s spokesperson, Crista Eggers, hopes that the people will override the decisions of her state legislature who have refused to listen to their constituents. “We have no choice but to keep petitioning our government,” said Eggers. “The Legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this.”
Eggers also spoke to the Lincoln Journal Star about their hope for medical cannabis. “We know the people support this,” said Eggers. “We are going to execute and put that into motion to have safe and regulated medical cannabis in Nebraska.”
Eggers’ eight-year-old son has been experiencing epileptic seizures since he was two years old. She and her family tried multiple medications that didn’t improve her son’s condition, but eventually tried medical cannabis with success. She has spent the last seven years advocating and working toward legalization for her son and other families across the state.
According to the group’s website, it takes approximately three weeks for the state to certify the initiative. After that, the group can begin to collect signatures.
Medical cannabis can provide relief to Nebraskans who are suffering. We are among the thousands of families and patients who need access,” the Nebraskans for Medical Marijuana states on its website. “Whether it’s a neighbor or a loved one or a friend, most Nebraskans know someone who struggles with a serious health condition. But medical cannabis isn’t an option in our state—even if a doctor recommends it.”
In 2020, Nebraskans for Medical Marijuana’s ballot initiative was stripped from the ballot by the Nebraska Supreme Court. The court stated that the initiative violated constitutional requirements for a “single subject” rule, which prompted the group to instead create two initiatives that separately addressed a regulatory framework and established protections for caregivers from arrest.
LB-474 was also introduced in the state legislature in 2021 to consider medical cannabis, but was two votes short in order to pass. Nicole Hochstein, a Nebraska mother of a child who suffers from epilepsy, described her feelings as “Devastated. Broken. In pieces because they literally voted my child’s life away.”
A petition drive in August 2022 failed to receive enough signatures for the 2022 ballot. Although the 184,000 signatures the group collected were not enough, and despite funding woes, the group decided to continue working toward 2024.
In December 2021, former Nebraska Gov. Pete Ricketts was featured in an ad paid for by Smart Approaches to Marijuana that solidified his opposition on the topic of medical cannabis. “The only difference between medical marijuana and recreational marijuana is word choice,” the governor said. “Doctors can’t prescribe it and pharmacists can’t provide it because it’s not medicine.”
Earlier that year, he made statements claiming that cannabis “is a dangerous drug that will impact our kids” and “if you legalize marijuana, you’re gonna kill your kids.”
Current Gov. Jim Pillen isn’t a staunch advocate of cannabis, but in February he did confirm support of FDA-approved medicines. “I’m a 100% believer in prescription authority. That’s a place the FDA has done a good job in over the past several years. I’m a proponent of prescription marijuana use if it’s approved through the FDA,” he said.
Medical cannabis laws are still lacking in other states such as Idaho, Indiana, South Carolina, Wisconsin, and Wyoming. In the Americans for Safe Access 2022 State of the States Report, all of these states, including Nebraska, were scored with an “F” across the board for lack of legislation and access for patients.
Source: https://hightimes.com/news/advocates-in-nebraska-launch-medical-cannabis-ballot-campaign-for-2024/
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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