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North Carolina Medical Cannabis Bill Likely Dead For 2023
A bill to legalize medical marijuana in North Carolina is likely dead for this year’s legislative session, according to Republican leaders.
A bill that would legalize medical marijuana in North Carolina is likely dead for the 2023 legislative session, House Speaker Tim Moore said on Tuesday.
Although he is in favor of the bipartisan legislation, Moore said that the bill, which was passed by the North Carolina state Senate in March, does not have the support of enough members of the Republican House majority to advance. Under the rules of the House Republican Caucus, bills brought to the floor for a vote must already have the support of a majority of its members, even if Democratic support makes the measure likely to pass without a majority of Republicans on board.
Complying with the Republican caucus’s rule “would require a number of House members who’ve taken a position of ‘no’ to literally switch their position to want to vote for it, and I just don’t see that happening,” Moore said, according to a report from the Associated Press.
After discussing the legislation with members of the Republican caucus, Moore said that he agrees with recent public comments from House Majority Leader John Bell, who said there is not enough support for the bill to advance this session.
On Tuesday, Bell told Spectrum News that he suspects the legalization issue will come up during next year’s chief legislative session, likely to begin in May.
“There’s passion on both sides,” Bell said. “We have members of our caucus that are 100% supportive of it, and we have other members that are 100% against it.”
But supporters of the legislation are not ready to give up. Democratic Senator Paul Lowe, another lead sponsor of the medical marijuana legalization bill, told the Raleigh News & Observer “by no means” is the bill “dead.”
Lowe said that discussions with the House Speaker and other members of the Republican leadership team are “ongoing,” and that he feels “pretty good about it.”
“I think there are some members of his caucus that are reevaluating things and looking at it, and I think they’re gonna come around,” he said, not citing specific lawmakers. Revealing their names, he said, “would kill what I’m trying to do.”
“If we don’t finish it in the long session, we’ll deal with it in the short session” next year, he said. “I feel pretty confident about it.”
Bill Legalizes MMJ For Patients With Qualifying Conditions
The measure, the North Carolina Compassionate Care Act (Senate Bill 3), was filed in January with sponsorship from Republican Senators Bill Rabon and Michael Lee and Lowe, their Democratic colleague. If passed, the bill would legalize the medicinal use of cannabis for patients with one or more specified qualifying serious medical conditions such as cancer, ALS, Parkinson’s disease, epilepsy, multiple sclerosis, post-traumatic stress disorder and others. Unlike the more comprehensive medical marijuana programs in many other states, however, the bill does not authorize the use of medical marijuana by patients living with chronic pain.
The sponsors of the bill note that the measure does not legalize recreational marijuana. Instead, the intent of the legislation “is to only make changes to existing state law that are necessary to protect patients and their doctors from criminal and civil penalties and would not intend to change current civil and criminal laws for the use of non-medical marijuana,” Rabon told reporters as the bill was being considered by the Senate earlier this year.
Under the bill, patients with a qualifying “debilitating medical condition” would be allowed access to medical cannabis. The bill permits the smoking and vaping of medical cannabis by patients whose doctors have recommended a specific form and dosage of medical marijuana. Physicians would be required to review a patient’s continued eligibility for the medical marijuana program annually.
Patients would be required to obtain a state medical marijuana identification card to participate in the program. The state Department of Health and Human Services would be tasked with creating “a secure, confidential, electronic database containing information about qualified patients, designated caregivers, and physicians,” according to the text of the measure.
Senate Passed Bill In March
The bill was passed by the North Carolina Senate on March 1 by an overwhelming bipartisan majority and sent to the state House of Representatives. In May, the bill was given a hearing by the House Health Committee, but the bill has not seen any action in the chamber since.
Late last month, Rabon tried to force action on the bill by attaching an amendment to an unrelated bill favored by Republicans in the House that would delay the enactment of the legislation until the medical marijuana bill is approved. The Senate approved the amendment and returned the largely technical legislation to the House, where it awaits further action.
State Senator Julie Mayfield, one of seven Democratic senators sponsoring a bill to legalize recreational marijuana for adults, said that she believes the medical marijuana bill should be allowed to go to the House floor for a vote.
“It is long past time for North Carolina to legalize the medical use of cannabis,” Mayfield said in a statement to local media. “It has helped many, many people, and it is time to allow people who need it to acquire and use it with dignity and without fear. The bill would pass with overwhelming support from Democrats if only Speaker Moore would let it come to a vote. It’s time to let democracy work.”
Source: https://hightimes.com/news/north-carolina-medical-cannabis-bill-likely-dead-for-2023/
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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