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Czech Mate for Legal Marijuana Sales in the EU Nation of Czechoslovakia

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The Czech Republic may soon have a legal marijuana market

A draft strategy for combating drug addiction in the nation, which calls for establishing a legalized cannabis market and expanding treatment funding, was scheduled for review by the Czech cabinet on Monday.

According to CTK, this week, members of the Czech cabinet heard a draft plan on establishing a controlled cannabis market and raising expenditure on drug addiction and treatment. According to Jindich Voboil, the national anti-drug coordinator, a legalized cannabis market might bring in billions of crowns in tax money for the government.

The program is a component of a plan to combat drug abuse in the nation by 2027. Then-Prime Minister Andrej Babi spelled it out, but his anti-drug minister had yet to create a strategy for moving forward. After the installation of Prime Minister Petr Fiala in October 2021, Voboil returned to the anti-drug position.

Fiala’s cabinet stated in its policy statement that the amount of harm caused by addictive substances should be reflected in the regulation of those substances, which would also be reflected in the excise taxes levied on those substances. New levies on alcohol and tobacco are part of the plan. According to the research, the country has already received roughly CZK 60 billion in excise taxes on tobacco goods and CZK 13 billion in excise alcohol-related taxes.

The draft proposal states that society loses CZK 150 to 180 billion annually as a result of the health and other effects of addictions and early deaths, despite the fact that gambling taxes now bring in CZK 5.1 billion to the nation’s budget and CZK 4.9 billion to city budgets each year.

HOW THE PLAN AFFECTS CANNABIS GROWERS/SELLERS

Marijuana growers would require a license before establishing a regulated market, and the law would explicitly outline to whom they might deliver their product. Drug coordinators from the European Union’s member states met in Prague this week to start debating how the cannabis industry should be regulated.

The plan calls for strict regulations on the sale of marijuana, the taxing of addictive substances based on how damaging they are, the establishment of a controlled marijuana market, and higher government spending on addiction treatment and prevention.

The upcoming regulations should apply to both manufacturing and sales. The new regulations should specify the maximum amount of narcotic compounds that legitimate marijuana products are permitted to include. According to Jindich Voboil, the Czech Republic’s national drug coordinator, certain store owners might also be granted a license.

There won’t be marijuana on every newsstand. The coordinator stated that the quantity of marijuana that people might purchase would be restricted and that purchasers could need to register with the authorities.

The annual amount spent on prevention, which is currently around 300 million crowns, should increase to one billion crowns.

A new regulation is also being planned by Germany, the Netherlands, Luxembourg, Malta, and Malta. Germany needs a proposed rule by the end of the year, as noted by Voboil.

Voboli stated that he would back Czech businesses. They cultivate marijuana and create extracts; there are about 100 of them here. Perhaps even before the Czech Republic has a controlled market, Czech enterprises should be authorized to export. It will rely heavily on whether or not we talk about it. It is comparable to medical cannabis. It is a market in Germany valued at 10 billion euros. It benefits no Czech companies at all, he continued.

CANNABIS INDUSTRY IN CZECH REPUBLIC

Although it is unlawful to use cannabis recreationally in the Czech Republic, it has been permissible to possess it for personal use since the 1st of January 2010 and for medical use since 1 April 2013.

Growing more than five plants is considered to be a civil offense, as well as the possession of more than 15 grams of dry cannabis for personal use. Possession of fewer than 15 grams and fewer than five plants is permitted as of January 1, 2010. If found guilty, a punishment of up to 15,000 CZK may be levied, though most convictions result in far smaller fines. It’s simple to get marijuana at sporting events and pubs. Cannabis is still illegal, though, and possessing more than a certain amount can result in a year in prison. The minimum sentence for trafficking is two years in prison, and the maximum sentence is 18 years in prison, while sentences of 10 to 18 years are only given in the most severe circumstances. In the event of small trafficking that does not result in a sizable gain, a suspended sentence or some type of alternative punishment is typically applied.

MEDICAL CANNABIS

On December 7, 2012, the Czech Chamber of Deputies approved a bill that would have legalized the sale of cannabis as a medication with a prescription at pharmacies. One hundred twenty-six lawmakers voted in favor, while only seven were against (twenty-seven others abstained from voting and forty-six were absent from the vote). The bill was approved on January 30, 2013, by the Czech Senate. Eighty-one senators were present, and sixty-seven of them voted in favor of legalization, while only two opposed it (five senators refrained from voting, and seven were absent from the vote). Additionally, the measure specified that in the first year, “to assure standards,” only cannabis from abroad would be permitted for sale. Sales may then increase to include carefully regulated, registered local production after that.

Cannabis for medical purposes has been legalized and controlled in the Czech Republic since the law took effect on April 1, 2013. According to the law, 180 grams of dry matter may be collected each month on a prescription from a qualified doctor and submitted electronically.

BOTTOM LINE

The Czech Republic is considering a plan to regulate and permit the sale of cannabis. The country could be taking notes from the many European countries that have already legalized cannabis, as the country also seeks to reap the economic benefits of legalizing the drug by generating income in the form of taxes for the nation. The plan, however, will still come with its regulations as the country is not looking to make the drug just available to anyone in any quantity.

Source: https://cannabis.net/blog/news/czech-mate-for-legal-marijuana-sales-in-the-eu-nation-of-czechoslovakia

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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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