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Albania Legalizes Medical Cannabis

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Parliament approved the measure by a vote of 69-23.

Albanian lawmakers on Friday approved a measure legalizing marijuana for medical purposes. The country’s parliament “voted 69-23 to allow limited and controlled growth of cannabis plants, a move harshly contested by the opposition,” according to the Associated Press.

As the AP noted, the bill’s passage is notable given Albania’s history as “a European crossroads for marijuana trafficking.”

“Marijuana growing flourished in Albania in the past as drug traffickers exploited a lack of strong governance in the post-Communist country. After coming to power in 2013, the left-wing Socialist Party government of Prime Minister Edi Rama set destroying cannabis plants as a main target,” the Associated Press reported. Over the next two years it destroyed millions of cannabis plants with an estimated market value of 7 billion euros ($8.5 billion), more than two-thirds of the country’s annual gross domestic product at that time. In 2014, a police officer was fatally shot during a crackdown on a southern village using armored personnel carriers. Police came under automatic weapon and rocket fire from drug growers. Albania is still a main route for trafficking hard drugs. Police still crack down on isolated cases of cannabis growing, but much less often than a decade ago.”

Late last year, a senior official in the Albanian government was arrested under suspicion of smuggling drugs across the border.

The official, Erisa Fero, served as the IT director of the country’s top intelligence agency at the time of her arrest.

VICE reported in January on the arrest:

“Albanian police said Fero was using her official government ID as a security official to avoid police checkpoints and searches. During the arrest, Fero’s reported romantic partner, Leke Basha, 30, and a 17-year-old suspect, were also detained for drug trafficking offences. Two suspects on the North Macedonian side of the border, believed to have been receiving the drugs, escaped after a long manhunt, according to police.” 

Albanian lawmakers began their efforts to legalize medical cannabis last summer when they drafted a proposal. As High Times reported at the time, the draft law provided very few details on how the new medical marijuana program would be regulated. 

“The object of this law is to determine the rules for the cultivation, production and controlled circulation of the cannabis plant and by-products, for medical and industrial use, through licensed entities and under the supervision of the National Agency for Control and Monitoring of the Cultivation and Processing of the Cannabis Plant for medical and industrial purposes and the Production of its By-products,” the draft law stated.

In the wake of the measure’s passage this week, it appears that little has changed. According to the Associated Press, it “was not clear how the medical cannabis will be regulated,” but the “government believes that allowing limited production of cannabis can boost tax revenue.”

Albanian law enforcement has been working to thwart the illicit drug trade in the country for years, often working in collaboration with international police.

In 2017, the Associated Press reported on “a nationwide operation to try to prevent the planting of cannabis” in Albania.

“A statement said 3,100 officers have spread out around the country checking greenhouses, old army depots and tunnels or abandoned houses where cannabis seeds and small plants may have been hidden,” the outlet reported at the time. “Last year authorities destroyed about 2.5 million marijuana plants, four times more than the year before. Many metric tons of cannabis were seized at border crossing points or from boats bound for neighboring Italy or Greece.”

Source: https://hightimes.com/news/albania-legalizes-medical-cannabis/

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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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