Government
New Report Recommends Tips for Successful Cannabis-Impaired Driving Campaigns
A new report examines impaired driving safety campaigns and how states can deter driving under the influence of cannabis through effective educational messages and community partnerships.
The Governors Highway Safety Association (GHSA) commissioned a report about educational campaigns on cannabis and driving on July 26. The GHSA partnered with National Alliance to Stop Impaired Driving to create a playbook written specifically for State Highway Safety Offices (SHSO).
Governors Highway Safety Association’s Executive Director, Jonathan Adkins, explained the need for a playbook that is up to date regarding cannabis legalization, overall acceptance of cannabis by consumers, and more. “As legal cannabis use becomes more widespread in the U.S., motorists need to know the dangers of driving under the influence,” said Adkins. “But that message won’t be heard if it’s outdated, irrelevant or insulting to cannabis consumers. This new report offers a playbook to help states develop messaging that resonates with cannabis users and prompts them to refrain from driving for their own safety and the safety of everyone else on the road.”
The report, called “Cannabis Consumers and Safe Driving: Responsible Use Messaging,” is based on a variety of surveys and interviews, and expands upon an unpublished 2021 Cannabis Regulators Association white paper with “additional strategies and recommendations about promising practices that can enhance safety partnerships and increase the effectiveness of outreach and education on cannabis use and driving.”
The report states that prior to the pandemic, approximately 21% of drivers involved in fatal vehicle crashes had THC in their systems. During the pandemic, this percentage rose to 33% (and for comparison, the percentage of people with alcohol in their systems was only 29%). In a survey conducted by AAA Foundation for Traffic Safety Culture Index, drivers view impairment of alcohol and cannabis differently. When asked about driving while under the influence of alcohol, 95% of people believed it was “very or extremely dangerous.” When asked the same question about cannabis, only 69% responded with the same answer.
The GHSA report writes that further education is key to promoting safe driving and enforcement. It reviewed educational campaigns that have been implemented in Colorado and Washington, which were the first states to legalize cannabis. It also addressed current education efforts that learn from those earlier campaigns, such as the “simple, non-judgmental” messages in Connecticut that have been promoted on social media channels, radio, TV, billboards, bus panels, and printed materials. While cannabis became legal in Connecticut on July 1, 2021, retail sales won’t begin until later this year. However, the report also examines an educational campaign in Wyoming, where cannabis is currently still illegal.
After reviewing the content, the report addresses “promising practices” that the authors view as useful for developing education campaigns, such as partnering with cannabis industry groups, receiving dedicated funding, and using specific wording in campaign messages.
Third, the report also explained the importance of the campaign messengers. Government leaders and institutions are “generally not good choices,” so it’s essential to choose respected individuals who are a part of the cannabis community to get the point across. The specific words chosen for a campaign can also lend to its success and maintain credibility, such as avoiding archaic terms such as pot or weed, or using “consumer” instead of “user.”
Finally, the report states that a campaign message should be chosen with care and respect. “Insulting or judging the target audience rarely improves message reception and turns people off, resulting in the message getting lost. Not driving after using cannabis should be the primary focus of informational campaigns, not the use of cannabis itself,” the report explains. “Messaging that appeals to the risks versus rewards of driving after consuming cannabis can be effective with the target audience, which tends to be young and male. Because it is not clear what responsible use of cannabis really is or looks like, appeals to moral sensitivity—normative choices that are considered ‘good’ or ‘right’—may have a greater effect on changing behavior than the usual ‘just don’t do it’ messaging.”
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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