Business
Antigua and Barbuda Grant Rastafari Sacramental Rights To Grow Cannabis
The country is one of the first in the Caribbean to do so.
The country of Antigua and Barbuda has become one of the first in the Caribbean to authorize Rastafari to grow and smoke cannabis, an herb that is considered a sacrament by followers of the religion.
As the Associated Press reported, for decades, many Ratafari have been “been jailed and endured racial and religious profiling by law enforcement because of their marijuana use,” which they say “brings them closer to the divine.”
Officials in Antigua and Barbuda, an island country with a population of a little more than 90,000, have now sought to rectify the situation.
According to the Associated Press, the lifting of the ban makes the country “one of the first Caribbean nations to grant Rastafari authorization to grow and smoke their sacramental herb.”
“We’re more free now,” said Ras Tashi, a member of the Ras Freeman Foundation for the Unification of Rastafari, as quoted by the Associated Press, which reported that Tashi recently “led chants and praise in the tabernacle on the foundation’s farm located in Liberta’s lush agricultural district.”
Rastafaris have lobbied for legal cannabis in the country for years. In 2021, the Associated Press reported that adherents were “clamoring for broader relaxation to curtail persecution and ensure freedom of worship.”
The AP offered more background at the time:
“The Rastafari faith is rooted in 1930s Jamaica, growing as a response by Black people to white colonial oppression. The beliefs are a melding of Old Testament teachings and a desire to return to Africa. Rastafari followers believe the use of marijuana is directed in biblical passages and that the ‘holy herb’ induces a meditative state. The faithful smoke it as a sacrament in chalice pipes or cigarettes called ‘spliffs,’ add it to vegetarian stews and place it in fires as a burnt offering. ‘Ganja,’ as marijuana is known in Jamaica, has a long history in that country, and its arrival predates the Rastafari faith. Indentured servants from India brought the cannabis plant to the island in the 19th century, and it gained popularity as a medicinal herb.
It began to gain wider acceptance in the 1970s when Rastafari and reggae culture was popularized through music icons Bob Marley and Peter Tosh, two of the faith’s most famous exponents. Tosh’s 1976 hit ‘Legalize It’ remains a rallying cry for those pushing to make marijuana legal. Rastafari adherents in the U.S., many of them Black, say they have endured both racial and religious profiling by law enforcement agencies due to their ritualistic use of cannabis.”
The change in law in Antigua and Barbuda may lead to a similar domino effect as the one that has unfolded here over the last decade in the United States, where dozens of states and cities have lifted longstanding prohibitions on cannabis within their jurisdictions.
The Associated Press reported last week that “Rastafari elsewhere are pushing for similar religious protections,” and that experts and stakeholders “think the Antigua and Barbuda law could give a boost to these efforts worldwide at a time when public opinion and policy are continuing to shift in favor of medical and recreational marijuana use.”
Under the new law in Antigua and Barbuda, “the island government also decriminalized the use of marijuana for the general public,” according to the Associated Press, while also allowing “people outside the faith [to] grow four cannabis plants each and possess up to 15 grams.”
“We believe that we have to provide a space for everyone at the table, irrespective of their religion,” Antigua and Barbuda Prime Minister Gaston Browne told the AP. “Just as we’ve recognized other faiths, it’s absolutely important for us to also ensure that the Rastafari faith is also acknowledged … to acknowledge their constitutional right to worship and to utilize cannabis as a sacrament.”
Source: https://hightimes.com/news/antigua-and-barbuda-grant-rastafari-sacramental-rights-to-grow-cannabis/
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
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/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
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.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
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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