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Maryland Legalizes Weed – What You Need To Know

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Another state has gone legal and is about to, hopefully, benefit from a growing legal revenue source and wipe out the black market and all the issues that surround the illegal side of the industry.  Governor Wes Moore of Maryland signed Senate Bill 516 regulating the legal commerce of adult-use cannabis after state legislators sent it to hime for approval in April..  By July 4th, legal sales can start in the state (making for an excellent holiday weekend).

During the signing ceremony for the legislation, Moore expressed that the new law would guarantee the fair distribution of opportunities to introduce recreational cannabis in the state. He acknowledged the damage caused to low-income and communities of colour by the past criminalization of marijuana.

He emphasized the importance of ensuring that the legalization of marijuana now benefits these communities in a significant way.

Maryland Voters Legalized Cannabis In November

Question 4, a state referendum that gained almost two-thirds of the vote in November, legalized recreational marijuana in Maryland. The bill signed by Moore paved the way for enacting this legalization. It allows individuals aged 21 and over to possess a maximum of 1.5 ounces of cannabis and cultivate up to two cannabis plants at home.

The passing of Senate Bill 516 also creates a structure for regulating recreational marijuana in Maryland. The legislation involves the formation of a new division for regulation and enforcement under the existing Alcohol and Tobacco Commission. The division will be renamed the Alcohol, Tobacco, and Cannabis Commission.

As shared in the site Cannabis.net Below is a summary of the Maryland cannabis regulation legislation, approved by legislators as SB 516 and HB 556:

  • A tax rate of 9% will be applied to recreational cannabis sales, while medical marijuana sales will be excluded from this tax.
  • A community reinvestment fund will receive 35% of the revenue from marijuana taxes. A Cannabis Public Health Fund, Counties, and a Cannabis Business Assistance Fund will each receive an additional 5%.
  • The newly established Maryland Cannabis Administration will regulate the program.
  • Existing medical cannabis dispensaries will transition to dual licensees upon payment of the required fee once legalization takes effect on July 1.
  • By July 1, 2024, regulators will begin approving additional licenses for marijuana businesses.
  • Ultimately, there will be a licensing limit of 300 dispensaries, 100 processors, and 75 growers. Smaller micro businesses will have a limit of 100 cultivators, 10 dispensaries, and 100 processors.
  • The State Department of Commerce will establish a Capital Access Program to promote industry opportunities for social equity applicants and provide low-interest loans.
  • The sale of delta-8 hemp products on the broad market will end, and intoxicating cannabis products must be sold through licensed marijuana businesses.
  • Localities cannot levy additional taxes or prohibit existing medical cannabis businesses that convert to dual licenses from operating in their region.
  • Medical cannabis patients can grow a maximum of four plants for personal use. They will not be required to pay taxes on medical marijuana products.
  • New dispensaries will not be permitted within 500 feet of childcare facilities, schools, playgrounds, libraries, recreational centres, or public parks. They must also be at least 1,000 feet apart from each other.
  • The conversion fee for existing medical cannabis businesses to become dual licensees is 10% of gross income from growers and processors, capped at $2 million, and 8% of gross revenue for dispensaries at the same cap.
  • Under the new law, a single business entity cannot own more than four dispensaries.
  • At least 25% of dispensary shelf space must be reserved for cannabis products from social equity licensees.
  • There will be a 10-license cap on microbusinesses, and there is no provision for regulators to authorize more in the future.
  • On-site consumption facilities will not permit smoking indoors, but outdoor patios at licensed facilities will be available for smoking.
  • Dispensaries will be permitted to repackage products under the new law.
  • Regulators are required to create rules for internet marijuana sales by July 2025.

New Law Includes Social Equity Provisions

The new law in Maryland aims to promote equity in the cannabis industry and provide ownership opportunities for those negatively affected by marijuana prohibition. The first licenses granted

The applicant must have at least 65% ownership by an individual who has lived in a “disproportionately impacted area” for five of the last ten years or attended a public school in such an area.  How MSOs like Nature’s Medicines will work with the social equity applicants in Maryland will be similar to how partnerships work in other states like Massachusetts and the newly formed New York market.

Starting in 2025, Maryland will allocate $5 million annually for grants to existing medical cannabis dispensaries that form “meaningful partnerships” with social equity applicants. These partnerships must include training, mentorship, or shared business space. This program encourages collaboration between established businesses and social equity applicants to promote a more equitable and diverse cannabis industry.

Democratic Del. C.T. Wilson stated during a March committee hearing for Senate Bill 516 that the bill establishes a new Office of Social Equity within the cannabis division. The aim of encouraging participation from individuals belonging to communities that were disproportionately affected by the war on drugs.

The new law provides for the automatic expungement of past convictions for activities that are now legal. Individuals currently serving sentences for such offences are eligible for resentencing. Those with convictions for possession with intent to distribute can petition for expungement three years after completing their sentences.

At the start of the year, some portions of the referendum became effective. Possessing up to 1.5 ounces of cannabis was reclassified as a civil offence, carrying a penalty of a $100 fine. For possessing more than 1.5 ounces but less than 2.5 ounces, the sentence was increased to a $250 fine.

It seems Washington DC is being hemmed in by legal states.  What will Congress do next?

Source: https://thefreshtoast.com/marijuana-legislation/maryland-legalizes-weed-what-you-need-to-know/

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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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