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Arrest of Albanian Official Accused of Drug Smuggling Causes Stir

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Twenty-eight-year-old Albanian official Erisa Fero was arrested on Dec. 29.

The arrest of a senior Albanian government official suspected of using her status to smuggle drugs across the border continues to raise eyebrows. 

Erisa Fero, who serves as the IT director of the country’s top intelligence agency, was arrested “on the 29th of December in a remote, mountainous section of Albania near the border with North Macedonia as she was allegedly transporting 58kg of cannabis.”

“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,” VICE reported, while also citing local media in noting that “police suspect those arrested in the incident, including Fero, of having links with organised crime gangs.”

It is apparently not the first time that Fero, 28, has been ensnared in scandal. 

According to the Greek City Times, Fero was “reported for illegality to the Central Electoral Commission (CEC), along with 21 other commissioners” in December of 2021 when she was “a member of a vote counting committee in a constituency.”

“However, the results of the votes were falsified in the Commission in which she participated, with the competent committee filing a complaint with the prosecutor’s office in Tirana against 21 commissioners, including Fero,” the outlet reported. “The young woman has been accused of participating in the manipulation of the April 25, 2021 elections, as well as removing or adding votes in favour of candidates of different parties.”

Recreational and medical cannabis are both prohibited in Albania.

According to the legal firm CMS, in 2000, “Albania joined the Single Convention on Narcotic Drugs of 1961, which is an international treaty that prohibits the use, production and trade of listed narcotics, except for medical treatments and research,” although “this part of the treaty for the medical use of cannabis has not been enforced by Albania.”

“In 1994, the Albanian government established the ‘Law of Narcotic and Psychotropic Substances’, and cannabis was included in the list of controlled drugs. On 27 January 1995, the criminal code of the Republic of Albania was created, and the usage, production and trade of narcotics was prohibited. Cannabis is not specifically listed however the government made clear that it falls within the definition of narcotics,” CMS explains. “According to Article 283 of the criminal code, the sale, offer for sale, giving or receiving of any form, distribution, trading, transport, sending, delivering, and keeping of narcotic and psychotropic substances and seeds of narcotic plants, in conflict with the law (excluding cases when it is for personal use and in small doses) is sentenced to imprisonment of from five to ten years.”

The arrest of a senior government official––as well as someone with alleged links to organized crime––comes at a politically inauspicious time for Albania.

As VICE noted in its report, the arrest of Fero “came as NATO member Albania pushes for a deeper relationship with the EU, including potential future membership.”

“Albania and other countries including Bulgaria and Romania have made significant gains in battling local organised crime and corruption in cooperation with the EU and NATO,” a senior EU security official said. “But this incident shows the difficulty in battling corruption in a patronage environment like Albania.”

VICE reported that the official “said with access to internal IT and information systems, Fero’s alleged crime links could lead to a high risk of intelligence being passed onto criminal gangs or hostile intelligence services.”

Source: https://hightimes.com/news/arrest-of-albanian-official-accused-of-drug-smuggling-causes-stir/

Business

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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