Business
New Hampshire Governor Dismisses Legalization Bill’s Chances
The New Hampshire legislation received a hearing on Wednesday.
Democratic and Republican lawmakers in New Hampshire are gearing up for another effort to legalize marijuana, but the state’s governor doesn’t think they will succeed.
The latest cannabis bill being floated in the New Hampshire legislature has support from members of both parties, and the proposal was considered at a hearing in the state House Commerce Committee on Wednesday, according to New Hampshire Public Radio.
Republicans have control over the New Hampshire state government, holding majorities in both the state Senate and state House of Representatives.
The state’s governor, Chris Sununu, is also a Republican.
As was the case last year, when another marijuana legalization was considered, the proposal has exposed a divide within the New Hampshire GOP.
While the House of Representatives has “repeatedly backed plans to legalize cannabis,” according to New Hampshire Public Radio, the Republican-led state Senate has not been on board.
Sununu, meanwhile, represents another obstacle to the bill.
“I’ve always said now’s not the time. Every state does it very different. I’ve always wanted to see what works and what doesn’t,” Sununu said in a gubernatorial debate last year. “There may be a way to do it but given that we are facing an opioid crisis, given that we still don’t know what works with other states, it could be inevitable, I get it, but you got to be patient about how you do it and the steps that are best for New Hampshire.”
On Wednesday, Sununu’s office was dismissive of the latest legalization’s bill’s prospects.
“It’s failed in the Senate repeatedly, in both Republican-held years and Democrat-held years,” the governor’s office said, as quoted by New Hampshire Public Radio. “With teen drug use and overdoses on the rise, it is not anticipated that the legislature will see this as a time to ignore the data and move it forward.”
Sununu has backed other cannabis-related reforms, however.
According to the Associated Press, “Sununu signed legislation decriminalizing small amounts of marijuana, expanding access to medical marijuana and creating a system for annulling old convictions for marijuana possession,” but “a bill to legalize recreational use has never reached his desk.”
“Governor Sununu has done more on the issues surrounding marijuana reform than any other governor in New Hampshire history,” Sununu spokesperson Ben Vihstadt told the AP.
The legislation was announced last month by two of the senior members of the state House of Representatives: House Majority Leader Jason Osborne and House Democratic Leader Matt Wilhelm.
“The House has long stood united in finding a pathway to getting this done for Granite Staters,” Osborne said at the time. “With any luck, the Senate will come around to supporting the will of the vast majority of New Hampshire citizens.”
On Wednesday, Osborne stumped for the bill before the House Commerce Committee.
“What you are looking at is a result of a number of months of work by an entire coalition of groups and advocates, everything from the business side to the consumer side, the civil rights side to the economic liberty side, as well as the recovery community and people concerned about child safety,” Osborne said at the hearing, as quoted by the Associated Press. “It’s about time we get something done.”
The Associated Press reports that “a coalition that includes both the ACLU of New Hampshire and the conservative group Americans for Prosperity is backing a bipartisan bill to legalize the drug, regulate and tax retail operations and allow it to be grown at home,” and that most of the revenue generated from marijuana sales “would go toward reducing the state’s pension liability, with some going to substance abuse prevention programs and other groups.”
Source: https://hightimes.com/news/new-hampshire-governor-dismisses-legalization-bills-chances/
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/
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.”
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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