Business
More Than 80% of Texans Back Medical Cannabis, Poll Says
A majority of Texans support recreational pot, too.
More than 80% of Texans are in favor of medical cannabis, while a smaller majority backs recreational pot, according to a new survey.
The poll, which comes via the Hobby School of Public Affairs at the University of Houston, found that 82% of Texans support legalizing marijuana for medicinal use. Sixty-seven percent of Texans support legislation that would make the recreational use of marijuana for any purpose legal for those age 21 and older, according to the poll.
“Attitudes about the use of marijuana have been evolving over the past few decades, and we found especially strong support for expanding the use of medical marijuana,” said Renée Cross, senior executive director and researcher at the Hobby School, as quoted by Houston Public Media. “But a majority of Texans across-the-board – across partisan, generational and racial and ethnic lines – also said they support legalization for recreational use.”
Medical cannabis is legal in the Lone Star State, but the law is highly restrictive. Qualifying patients are only allowed cannabis products that contain 1% THC or less. The program is also plagued by a dearth of dispensaries, with only three new licenses issued in the past three years.
Last month, the Texas Department of Public Safety said that it was trying to mitigate that as it began accepting applications for new dispensary licenses.
“An announcement detailing the process for application acceptance and the subsequent approval process to issue additional licenses will be made at a later date. The department will issue only the number of licenses necessary to ensure reasonable statewide access to, and the availability of, low-THC cannabis for patients registered in the compassionate-use registry,” the department said in its announcement last month.
Recreational marijuana, meanwhile, remains prohibited.
The polling data from the University of Houston shows strong support across multiple demographics for both.
Among the 82% who say they support medical cannabis, 56% said they are “strongly” in favor of the policy.
Here’s more from the cross-tabs:
“85% of Latino, 83% of Black and 80% of white Texans support this [medical cannabis] legislation. This includes 60% of Latinos and 55% of whites who strongly support it. 83% of women and 80% of men support this legislation. 93% of Democrats, 79% of Independents and 73% of Republicans support this legislation. This includes 71% of Democrats who strongly support it.”
As for recreational pot, 47% said they are “strongly” in favor.
“When asked about preferences regarding the sale and use of marijuana in Texas, 54% of Texans opt for legislation under which marijuana would be legal for medical and recreational use and 28% of Texans opt for legislation under which marijuana would be legal for medical use only. Finally, 18% of Texans prefer the current legislative status quo under which marijuana use for either recreational or medical purposes is illegal in Texas,” the pollsters wrote.
Mark P. Jones, senior research fellow at the Hobby School and political science fellow at Rice University’s Baker Institute for Public Policy, observed some partisan and religious division in the polling numbers.
“A significant minority of Texans, especially those who identify as Republican, Independent and born-again Christian, say they personally do not favor easing state regulations,” Jones said, as quoted by Houston Public Media. “Almost one out of five Texans, or 18%, said they would prefer no change to the state’s current marijuana laws.”
Cross, meanwhile, envisions reform for the state’s medical cannabis law.
“If anything, I think we’ll see the diseases or illnesses allowed probably expanded,” she said, as quoted by Houston Public Media. “So in essence, it will make it easier to get a prescription for medical marijuana in Texas.”
Source: https://hightimes.com/news/more-than-80-of-texans-back-medical-cannabis-poll-says/
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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