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Biden Weed Pardon Spurs Reaction From Cannabis Community and Beyond

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President Joseph Biden’s historic announcement that he would pardon all federal marijuana possession convictions and direct administration officials to study easing restrictions on the drug sent shockwaves across the country on Thursday, with activists, cannabis industry officials, pundits, and policymakers all weighing in on the issue. Biden announced the move on Thursday, finally taking the first steps on a pledge while running for office to decriminalize marijuana at the federal level.

“As I often said during my campaign for President, no one should be in jail just for using or possessing marijuana. Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement on Thursday. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

The president’s pardons will affect about 6,500 people who were convicted of marijuana possession under federal law and thousands more in the District of Columbia, according to a report from The New York Times. Biden also called on governors to take similar action at the state level, where the vast majority of cannabis possession charges are filed and prosecuted.

The president also called on the Department of Health and Human Services and the Justice Department to review the continued classification of marijuana as a Schedule 1 substance under the Controlled Substances Act. According to the statute, the Schedule 1 classification is meant for drugs with no medical value and a high propensity for abuse.

Pardons Draw Swift Reaction
Biden’s announcement caused a flurry of excitement and activity in the cannabis community and beyond, sending marijuana-related stocks surging and spurring predictions on how the move might affect next month’s midterm elections. Pennsylvania Lieutenant Governor John Fetterman, a fellow Democrat and U.S. Senate candidate, urged Biden to decriminalize cannabis when they met in Pittsburgh over Labor Day Weekend. He reiterated his stance after news of Biden’s pardons broke on Thursday.

“People’s lives should not be derailed because of minor, nonviolent marijuana-related offenses. That’s common sense. As Lt. Governor, I traveled across the commonwealth to all 67 counties for a listening tour on the legalization of marijuana,” Fetterman said in a statement. “I heard countless stories from Pennsylvanians about what this simple and just step of decriminalizing marijuana would mean to them. Too many lives—and lives of Black and brown Americans in particular—have been derailed by this criminalization of this plant.”

Pundits Ponder Pot Pardons
Political analysis of the pardons announced by the White House on Thursday suggested that the decision could have an influence on next month’s midterm elections, although opinions did not agree on which side would benefit. Some suggested that Biden’s announcement bolsters Republican claims that Democrats are soft on crime, while others believe the move will encourage Democratic and progressive voters to show up at the polls in November.

Former Democratic congressman Beto O’Rourke, who is running for governor in Texas in an effort to turn the state’s executive office blue, issued a statement saying “When I am governor, we will finally legalize marijuana in Texas and expunge the records of those arrested for marijuana possession.”

His opponent, incumbent Governor Greg Abbott, also seized on the president’s announced pardons as a political talking point, rejecting Biden’s call for governors to take similar action at the state level.

“Texas is not in the habit of taking criminal justice advice from the leader of the defund police party and someone who has overseen a criminal justice system run amuck with cashless bail and a revolving door for violent criminals,” Abbott campaign spokesperson Renae Eze said in a statement quoted by CNN.

Pardons Applauded by Cannabis Community
Mary Pryor, co-founder of Cannaclusive, a media services company built to facilitate fair representation of minority cannabis consumers through imagery and education, characterized Biden’s pardons as “a major step forward” and urged more progress on comprehensive criminal justice reform to help those harmed by nearly a century of cannabis prohibition.

“Now it’s time to truly dive into restorative harm repair and make sure that access to careers in cannabis or any field is possible for all of those who will be pardoned,” Pryor, who is also a board member of The Parent Company’s Social Equity Fund, said in a statement. “And while this milestone is indeed a major victory, we still need to educate society around the deeper harms of the War on Drugs when it comes to resources and reparative justice.”

Nancy Whiteman, CEO of cannabis edibles manufacturer Wana Brands, applauded the president’s pardons.

“It is incredible news to hear that President Biden is calling for the pardons of prisoners convicted and held on simple federal marijuana possession charges, a move that will impact over 6,500 individuals,” Whiteman said in an email statement. “This is an important step in full decriminalization and a meaningful way to begin to address the racial disparities around the arrests and convictions of BIPOC people.”

Investors viewed Biden’s plan to pardon cannabis possession convictions and reschedule marijuana as an opportunity, sending shares of legal cannabis companies soaring in Thursday’s trading, according to a report from Reuters. Two of the largest publicly traded cannabis companies posted strong gains, with Tilray shares up 22% and the stock price of Canopy Growth jumping 31%. The ETFMG Alternative Harvest ETF, which has shares of several cannabis companies, rose nearly 20%.

Not Enough, or Too Much?
As can be expected, positive reaction to Biden’s pardons and move to reschedule cannabis was not universal. Many activists and cannabis industry insiders believe the president did not go far enough, while some conservative voices balked at the reforms. Andy Singh, CEO and founder of vape manufacturer Nuvata, said that “President Biden’s statement on the marijuana reform is a long-overdue step in the right direction.”

“However, we have been made these same assurances when he was running for president. At this point, only actions will really be made believable,” Singh wrote in an email to High Times. “It’s been two years since he’s been president, this was one of the very first items he should have addressed as people are unnecessarily suffering in prison daily simply from possession of a plant medicine.”

Dr. Carl Hart, a professor of psychology at Columbia University and the author of the book Drug Use for Grown-Ups, said on social media that the president’s action does not go far enough and suggested political motives are in play.

“While I’m delighted that ~7k ppl will be relieved of MJ possession charges, I’m disappointed that ⁦@JoeBiden⁩ has not taken steps to ensure that no one is arrested for possessing ANY drug. This strikes me as a weak move for votes. Legalize all drugs,” Hart tweeted on Thursday.

Senator Tom Cotton, a Republican from Arkansas and staunch “tough-on-crime” conservative, decried the action from the White House.

“In the midst of a crime wave and on the brink of a recession, Joe Biden is giving blanket pardons to drug offenders—many of whom pled down from more serious charges,” Cotton wrote on Twitter. “This is a desperate attempt to distract from failed leadership.”

At the grassroots level, many voters are likely to support Biden’s pardons of federal marijuana convictions. Last year, a Gallup poll found that a record-high 68% of Americans are in favor of legalizing marijuana for recreational use

Source: https://hightimes.com/news/biden-weed-pardon-spurs-reaction-from-cannabis-community-and-beyond/

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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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