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Pittsburgh Advocates Unite To Legalize Adult-Use Cannabis in Pennsylvania
Pittsburgh NORML is working to push forward legislation to allow cannabis for adults in Pennsylvania.
In Pennsylvania’s second-largest city, advocates are busy working to legalize adult-use cannabis.
Last month, two lawmakers introduced Senate Bill 846 to legalize adult-use cannabis in Pennsylvania. The bill currently waits for review from the Senate Law and Justice Committee for further deliberation. Next Pittsburgh reports that advocates at a local Pittsburgh branch of NORML are gearing up for legalization efforts in the state.
“This is a much bigger issue than just cannabis—it’s about giving people the right to be able to find health and wellness in the way that they want to and to not have to feel like the government will tell them how they’re allowed to heal,” says Gina Vensel, a cannabis educator and advocate in the area. Vensel is also on the executive committee of Pittsburgh NORML, the Pittsburgh branch of the National Organization for the Reform of Marijuana Laws (NORML).
SB 846 is a bipartisan effort and was spearheaded by Sens. Daniel Laughlin and Sharif Street. The bill would establish a Cannabis Regulatory Control Board, and allow adults 21 and over to purchase cannabis from retail locations. It would additionally allow medical cannabis cardholders to grow cannabis at home. Lastly it would expunge nonviolent cannabis-related convictions.
“Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity,” Laughlin said in a statement. “With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs.”
Problems Remain in Pittsburgh
High Times reported in 2018 that Solevo Wellness was the city’s first medical dispensary, and is the fourth operating medical cannabis dispensary in the entire state of Pennsylvania. The process of establishing, licensing, and opening Solevo Wellness took about 18 months. The company credits much of their success in obtaining the proper permits to their hired industry consultant, Sara Gullickson.
Pittsburgh, located in Allegheny County, decriminalized cannabis in 2015. Part of the policy shift involved giving law enforcement a choice between arresting people for suspected cannabis offenses or simply giving them a citation. Further downstream the criminal legal system, prosecutors in Pennsylvania’s major cities enacted “decline to prosecute” policies for minor cannabis cases that went to trial.
Despite decriminalization locally, arrests for cannabis increased since Pittsburgh enacted decriminalization policies. Many officers at police departments are having a hard time letting go of the old policy, continuing to arrest rather than ticket suspected offenders.
Analyzing all the criminal dockets filed in Allegheny County from 2016 to 2017, The Appeal broke down the 2,100-some cases where the top charge was possession of less than 30 grams of cannabis. They also looked at the thousands of arrests for minor possession police made over the same period.
Of the 2,100-plus cannabis-related cases in Allegheny County where the defendant received a misdemeanor possession charge, 51 percent of the people charged were Black. According to the most recent U.S. census data from 2017, 13.4 percent of all Allegheny residents are Black. And the dramatic racial disparity across the county is even more acute in Pittsburgh: Black people were charged in more than 400 of the 600 cases filed by the Pittsburgh Police Department. Black people comprised two-thirds of all cannabis cases in the city, despite representing just 24.3 percent of the city’s population. In other words, Pittsburgh police charged Black people for cannabis twice as much as white people.
The Pittsburgh Pirates and Decriminalization
On a few notable occasions, Pittsburgh Pirate games provided a stage for decriminalization efforts and awareness.
Wiz Khalifa, a Pittsburgh native, is an advocate for both cannabis and psilocybin. He tossed the ceremonial first pitch on Monday at PNC Park in Pittsburgh, prior to a game between the Pittsburgh Pirates and Cleveland Guardians. “Finna get stoned af and throw this first pitch at the pirates game,” he tweeted, before following it up with more specifics. “Shroomed out throwin a baseball is crazy,” Wiz said in another tweet moments later.
Former Pirates pitcher Dock Ellis pulled off a pitch on acid as well on June 12, 1970.
It was on that day that Ellis reputedly threw a no-hitter while tripping on LSD.
“According to Ellis (and, it should be noted, all of this is according to Ellis), he went to visit a friend in Los Angeles the day before his start, took some acid and stayed up late into the night drinking and doing drugs, subsequently losing track of which day it was,” Sports Illustrated wrote in 2017. “The day of his start, he woke up and, thinking he was supposed to pitch the next day, took another hit of acid at noon, only to learn two hours later from his friend that he was, in fact, supposed to be on the mound against the Padres that evening in San Diego. Ellis got on a plane an hour later and made it to the park 90 minutes before first pitch.”
For the time being, advocates in the city remain busy at work.
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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