Cultivation
Asia’s Bumpy Green Rush – Thailand Moves to Legalizes Growing and Shipping Weed, While Hong Kong Bans All CBD Products
Thailand has legalized the trade and cultivation of marijuana; they are the only Southeast Asian nation to enact the reforms, according to reports from the Washington Post. Anutin Charnvirakul, Thailand’s Health Minister, said he wishes the move would improve the economy of the nation, especially the agricultural sector.
Earlier this year, Anutin authorized the removal of marijuana from the Thailand Narcotics List. Medical cannabis was legalized in Thailand in 2018. The health minister has stated that people making use of marijuana in unproductive ways, like consuming it in public, could still be subject to consequences, like a fine of up to 780 dollars and three months prison time. Officials aren’t pushing to make a tourism industry around marijuana.
When talking with CNN, Anutin said they have always given emphasis to the use of marijuana extracts and raw materials for health and medical benefits. He added that the thought of supporting individuals to use marijuana for recreational purposes under any circumstances has never crossed their minds.
The market value of marijuana-related firms is predicted to be more than $1 billion, as reported by the Thai Industrial Hemp Trade Association. By 2024, it is expected to have nearly doubled. The Thai FDA (Food and Drug Administration) has declassified cannabis and hemp as Category 5 narcotics, allowing eateries and cafés across the nation to serve marijuana-infused goods containing a maximum of 0.2 percent tetrahydrocannabinol (THC), the main intoxicating ingredient in the plant.
Paisan Dankhum, a Health Ministry official, informed Reuters that almost 100,000 individuals have registered with the government to grow marijuana via the PlookGanja app. The Ministry of Health has said it authorized 1,181 marijuana-derived merchandise, including food and cosmetics, and it is expected that the industry will gain up to 15 billion baht (435.16 million dollars) by 2026.
THE RELAXING OF CANNABIS LAWS
Cannabis supporters say the easing actively decriminalizes cannabis; however, personal consumption for recreational purposes is still strongly discouraged by the government. People have likewise been cautioned against publicly smoking. Smoking outdoors is regarded as a public annoyance, and offenders could be arrested and fined, said the authorities. However, the government hopes that creating a local marijuana trade will improve tourism and agriculture
Minister Anutin, on his social media accounts last month, said this is a chance for individuals and the state to gain revenue from hemp and cannabis. On his Facebook, he shared a picture of a chicken dish prepared with marijuana, including that anybody could sell that type of dish provided they followed the guidelines, of which the primary one is that products must have lower than 0.2% of THC, the compound that produces the intoxicating feeling.
Having a tropical climate throughout the year, Thailand has had a long history with marijuana which a lot of the citizens normally use in making traditional drugs. Starting this month, households will be eligible to grow up to six marijuana pot plants in their home upon registering with the authorities, and firms as well can cultivate the plant with a license.
Customers will also be able to request marijuana-infused drinks and dishes in restaurants. Hospitals over the nation can also more willingly offer marijuana as a treatment. Thailand, back in 2018, became the first country in Asia to make the medical use of cannabis legal. Under the agenda, the government announces it also intends to free around 4,000 convicts found guilty of marijuana-related offenses.
A broader draft law on marijuana management is presently being evaluated in the Thai parliament. Supporters think that these next years could bring a gradual relaxing of the regulations governing the use.
RECREATIONAL CANNABIS
Canada and Uruguay are the only two nations to have completely legalized the recreational use of cannabis. In 2018, the use and possession of marijuana became legal in Georgia. A Supreme Court verdict last year in Mexico could pave the way to legalization over there. And quite recently, in late 2021, recreational marijuana for personal use was legalized in Malta, making them the first country in the European Union to do so.
Still, some territories have gone in a different direction, like the Thai government, which is still adamant about the restrictions placed on the recreational use of cannabis, especially in public places. This week, the government of Hong Kong declared its plans to outlaw the export, import, manufacture, possession, and sale of products that contain CBD, a chemical obtained from cannabis that does not induce intoxication and is sold to handle sleeplessness and anxiety.
THE REALITY OF THE SITUATION
There tends to be confusion about the situation in Thailand. Has cannabis been legalized or not?. As the Thai tourist economy comes out from its lengthy Covid nap, a lot of travelers will wonder if the recent liberal administration governing marijuana means that they can smoke a joint anywhere and anytime they want.
The government’s response is no, you cannot smoke cannabis in public, and extracts containing more than 0.2 percent of the key psychoactive ingredient THC are still unlawful to sell or distribute.
According to an analysis by Johnathan Head from BBC News, the official aim is for the nation to get an edge over its neighbors in gaining a large piece of the profitable market for health therapies making use of marijuana derivatives, especially the less severe compound CBD. However, there is an alternative motive, which is to decrease overcrowding in a few of the most overcrowded jails in the world.
All this, in theory, means that with the growth of the plant now totally legal, the law enforcement agencies are now unlikely to apprehend people just for marijuana possession. The government claims that manufacture and consumption are only allowed for medical purposes and no form of recreational use, but in practice, the border between the two has already blurred.
BOTTOM LINE
The Thai government being the first to legalize cannabis for any purpose in a region known for very strict drug ordinances, is trying to maintain their firmness on the use of the plant recreationally while attempting to gain the benefits of the plant in the medical sector and gaining an economic edge over its neighboring nations.
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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