Business
Ohio Regulators Reject Autism And OCD As Medical Pot Qualifying Conditions
The Ohio Medical Cannabis Board approved IBS as a qualifying condition to use medical marijuana while rejecting petitions to add OCD and autism.
Ohio cannabis regulators last week added irritable bowel syndrome as a qualifying condition to use medical marijuana but declined to approve petitions to add autism and obsessive-compulsive disorder to the state’s list.
Under Ohio’s medical marijuana laws, interested parties are permitted to petition the Ohio Medical Board to add new qualifying conditions annually. Last week, the board voted to approve petitions to add irritable bowel syndrome (IBS). But at the same time, the board announced it would not add autism or obsessive-compulsive disorder (OCD) to the list this year.
“While this addition will help expand patient access to medical marijuana and help many Ohio patients with this condition, we are disappointed the board did not approve autism spectrum disorder and obsessive-compulsive disorder,” said Charlie Trefny, the director of government affairs for the industry group the Ohio Medical Cannabis Industry Association.
Board Followed Committee Recommendations
The board’s decisions followed the recommendations of its Medical Marijuana Committee. Dr. Frederick Slezak, the committee’s expert on IBS, said that medical marijuana use could help relieve symptoms including vomiting, pain and nausea. He also noted that cannabis can be effective for acute symptoms, while most other therapies for IBS are focused on long-term treatment.
Dr. LaRae Copley, one of the committee’s autism experts, said that there are not enough placebo-controlled studies of cannabis treatment to support adding the condition to the state’s list of qualifying conditions. The committee’s OCD expert, Dr. Timothy Kantz, said some studies showed promising results, but added that he believes the quality of some of the evidence is weak.
In both cases, the committee’s experts said the potential risks of cannabis, including psychosis, negative impacts on cognitive development and cannabis use disorder, outweighed the benefits. But patient advocates challenged that assertion.
“The available scientific evidence and the experience of countless patients and doctors tell us that there are thousands of Ohioans suffering from these conditions who could benefit from treatment with medical marijuana,” said Matt Close, the executive director of the Ohio Medical Cannabis Industry Association.
Aaron Bloom, the CEO of DocMJ, a nationwide medical marijuana physician practice, applauded the addition of IBS as a qualifying condition for Ohio’s medical cannabis program. But he added that we should “strive for a healthcare system that values the expertise of medical professionals and respects the diverse needs of patients.”
“To truly harness the full potential of medical cannabis, it is essential that doctors are empowered to exercise their professional judgment and recommend it for patients based on their individual needs rather than being limited by a predefined list of approved conditions,” Bloom wrote in a statement to High Times. “By allowing doctors to make informed decisions about medical cannabis recommendations, we can ensure that patients receive the best possible care and have access to a comprehensive range of treatment options.”
More Than A Dozen Qualifying Conditions
Ohio’s medical marijuana program currently lists more than a dozen qualifying medical conditions that make a patient eligible to use cannabis medicinally, including acquired immune deficiency syndrome, Alzheimer’s disease, amyotrophic lateral sclerosis, cancer, chronic traumatic encephalopathy, Crohn’s disease, IBS, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, ulcerative colitis, and chronic and severe or intractable pain.
The next opportunity to submit petitions to the Ohio Medical Board to add new qualifying conditions to the state’s medical marijuana program begins on November 1 and runs through December 31. In order for the board to reconsider conditions that have been previously rejected, petitioners must submit new scientific information to support the proposed change.
Recreational Marijuana Legalization Could Be Next
Ohio activists are also working to legalize recreational cannabis in the state, with a proposed ballot measure likely appearing on ballots later this year. Earlier this month, the Coalition to Regulate Marijuana Like Alcohol submitted petitions for a legalization initiative with more than 222,000 signatures to the Ohio Secretary of State’s office. To qualify for the ballot for the November election, state officials must certify about 125,000 signatures, giving the group a significant margin to account for signatures deemed invalid.
“We are thrilled to have reached this milestone,” campaign spokesperson Tom Haren said in a statement when the signatures were submitted. “This is a testament to the hard work of our campaign and the support of Ohio voters who are ready for common-sense marijuana reform.”
If passed, the proposed ballot initiative would legalize recreational marijuana in Ohio for adults 21 and older, who would be permitted to possess up to 2.5 ounces of marijuana and up to 15 grams of cannabis concentrates. The proposal also legalizes marijuana cultivation for personal use, with adults allowed to grow up to six cannabis plants. Households with more than one adult would be permitted to grow a total of 12 plants.
The commercial production and sales of cannabis products would be regulated by a new state agency dubbed the Division of Cannabis Control, which would have the authority to “license, regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed.” Cannabis products would carry a 10% tax, which would be dedicated to administrative costs of regulation, substance misuse treatment programs and a social equity and jobs program. Municipalities with licensed recreational marijuana dispensaries would also receive a share of cannabis tax revenue. Under the proposal’s social equity program, some cannabis cultivation and dispensary licenses would be reserved for individuals from communities that have faced disproportionate enforcement of Ohio’s current marijuana laws.
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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