Cultivation
Argentinian Supreme Court Rules That You Can Grow Your Own Medical Marijuana at Home
After many years of waiting endlessly for the government to approve medical cannabis homegrown, Argentineans can finally grow their cannabis personally at home for therapeutic purposes. The latest ruling by the supreme court in favor of cannabis home grows has been a long time coming.
The country approved cannabis for legal use in 2017. For a long time, the law remained the same, with no modification. It was nothing other than a symbolic sham with inactive rules and regulations. The call for cannabis home cultivation was resided by President Alberto Fernandez in late 2020. He also signed a decree to allow pharmacies to dispense medical cannabis drugs. However, neither of these decrees could progress due to the same reason the medical cannabis program remained stagnant. These laws and policies all relied on the establishment of a regulatory body to endorse licenses and map out rules and regulations.
Best News For Medical Cannabis Patients In Argentina
The highest court in Argentina decided that parents of ill children should be permitted to cultivate cannabis to treat their children.
The Argentine Supreme Court has decided that parents of ill children are permitted to grow their cannabis to treat their children, a decision that is certain to have a global impact. They concluded that this choice is consistent with the decriminalization of cannabis use for medical purposes under current Argentine legislation.
This breakthrough is comparable in significance to an Israeli case from 2014 in which family law and cannabis legalization intersected. In particular, families with sick children who needed medical cannabis threatened to go to Colorado if they weren’t allowed to buy it legally domestically. The administration modified the statute in a matter of weeks.
However, last week’s outcome in Argentina was not entirely in favor of everyone who pushed their case. The Court also unanimously decided that the current special patient registry is not unconstitutional. Mamás Cannabis Medicinal (Macrame), who represented the plaintiff’s cause, raised this concern. The state had the right to oversee and keep tabs on all cannabis cultivation, including that done for medical purposes, the court reasoned.
In this judgment, the Argentine Court appears to be adopting a global trend spreading from Asia to regions as diverse as Latin America and Europe. Today countries like Malta, Luxembourg, Italy, Portugal, and Thailand also have legislation to allow home cultivation of cannabis. The international normalization discussion, which is currently evidently under place both legally and politically, has made home growing for recreational and medical purposes quite fashionable.
Argentina’s decision has a significant domestic impact. However, the time is crucial as country after country starts to implement or at least discuss expanding home growth more broadly.
Why Countries Are Adopting Home Grow Legislations
This sudden emergence of cannabis homegrown legislation in different countries can be attributed to various reasons.
The primary reason is that the government has begun to see why the drug is needed for managing a series of disease conditions. The International healthcare system is still experiencing the aftermath of the COVID-19 pandemic. There are several unresolved crises in the system today because hospitals are yet to return back to their pre-pandemic phase. Not to mention the overwhelming number of individuals opting to register for medical cannabis programs not because of an illness but because of the non-availability of recreational reforms.
In other words, it is increasingly evident that home cultivation does not constitute a treasonous attempt to subvert a regulated industry. Home growing of cannabis is a very logical step towards a regulated market when it is tracked.
In nations like Germany today that are on the cusp of legalizing recreational use, it is true that patients are the ones who suffer the most from any delay in full legalization. In the German courts alone, there are about 200,000 criminal cases outstanding for low-level possession, cultivation, and use. The state can quickly eliminate this enormous waste of time and resources. The case law on appeal is starting to move this way. However, courts are increasingly acknowledging that insurers are also compelling legitimate patients to file lawsuits to receive coverage. They must acquire their supplies in the interim, taking chances.
Anywhere right now, arresting sick people is not a good look. In reality, no matter how one looks at this, it just makes sense to make it simpler for those who are chronically ill to more or less treat themselves at a time when healthcare institutions are struggling to keep up with merely “normal” care. Where, or. Ukraine serves as a stark illustration. Beyond this, though, chronic care provision—including for ailments typically treated with cannabis—is a problem in every western state.
In addition to these facts, of course, such legal and political choices are being made at a time when states are being compelled to examine how laws are enforced, if not the rules themselves, and for causes and themes other than cannabis reform.
Improving The Legal Market
Looking at the Canadian model, one would see that patients are a competition to the industry. Though this legislation may not immediately improve the legal market, it would more or less stimulate it.
In some years, Argentina’s economy would benefit from the revenues generated from the medical cannabis industry. Growing cannabis takes time, energy, and expertise; hence, not all patients would be able to achieve homegrown plants. Some would prefer to purchase their cannabis-infused medications the same way they get regular food, drugs, and other products. Not to mention that with time, patients would begin to seek more effective or potent cannabis-infused products for their illnesses, as their homegrown plants may not be as effective as what is being sold in the legally regulated market.
This would result in the creation of more jobs and better amenities.
Bottom Line
Argentina’s supreme court has made the right decision that would benefit thousands of Argentinians in the long run. With this legislation, a middle ground allowing both sides to flourish would be established in no time. As you know, recreational cannabis legalization is inevitable, especially with the recent findings about the drug’s medicinal prowess. Still, till that reform is here, laws like this will help reduce the stigma and demonization of cannabis use.
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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