Business
Republicans LOL’ed the Idea of the SAFE Banking Act for Cannabis Businesses Passing Anytime Soon
Marijuana will be legalized in America when Mitch McConnell says so, not Chuck Schumer.
First reported by Marijuana Moment, a Republican senator has voiced skepticism regarding Senate Majority Leader Chuck Schumer’s ambitious plan to address marijuana banking and other legislative priorities during the summer session. Senator John Cornyn believes that Schumer’s proposed timeline is unrealistic, deeming it wishful thinking to expect the successful completion of all the necessary items within the limited timeframe. As the debate over cannabis banking reform intensifies, the Secure and Fair Enforcement (SAFE) Banking Act passage remains uncertain.
Speaking on the Senate floor, Senator Cornyn expressed his reservations about Schumer’s Dear Colleague letter, which outlined various legislative priorities to be addressed before the August recess. Cornyn questioned the feasibility of achieving Schumer’s goals within the ten working days available, stating that the majority leader’s wish list was unlikely to produce legislation. He further raised concerns about whether Schumer had properly consulted with the Republican-controlled House or sought confirmation from the White House regarding potential presidential support for the proposed bills.
The prospects of passing the SAFE Banking Act, which aims to provide banking protections for state-legal cannabis businesses, hang in the balance. While the bill has garnered enough support to pass the full chamber, potential amendments, including provisions for expunging prior cannabis convictions, could hinder bipartisan agreement. The Senate Banking Committee continues to discuss and debate various aspects of the bill, further adding to the legislation’s uncertainties.
Senator Cornyn, a Republican from Texas, took to the Senate floor to express his doubts about Senate Majority Leader Chuck Schumer’s legislative agenda outlined in the Dear Colleague letter. Cornyn characterised Schumer’s plan as a wish list rather than a realistic set of goals that can be accomplished within the given timeframe.
Cornyn questioned whether Schumer had engaged in meaningful discussions with Republicans in the House of Representatives or sought input from the White House regarding potential legislation. He emphasised the importance of collaboration and pre-vetting bills to ensure broad support and the likelihood of presidential approval.
According to Cornyn, legislating is not about performance art or show business but about effectively addressing the people’s business. He criticised the Democratic-controlled Senate for what he perceived as a lack of productivity in the previous months, stating that Schumer’s wish list is unlikely to spark a miraculous turnaround in the Senate’s legislative output.
As the debate over marijuana banking reform continues, Cornyn’s scepticism raises concerns about the feasibility of Schumer’s ambitious agenda. It highlights the potential challenges of achieving bipartisan consensus on cannabis-related legislation.
Limited Time and Priorities
Senator Cornyn emphasised the need for the Senate to prioritise its limited time on pressing matters such as defence, agriculture, and appropriations. He expressed concern that Schumer’s extensive legislative agenda leaves little room for effectively addressing these crucial issues within the next ten working days.
Cornyn pointed out that the Democratic-controlled Senate has been relatively inactive in the past six months, heightening his scepticism about the sudden push to tackle a multitude of legislative priorities. He underscored that legislating is a complex process that requires thorough consideration and collaboration rather than rushing to check off items on a wish list.
While Schumer acknowledged the challenges in his letter, identifying appropriations and defence legislation as top priorities, Cornyn’s remarks highlight the necessity of setting realistic expectations and focusing on key areas of concern. The senator’s concerns reflect the broader debate over the Senate’s capacity to address critical issues amidst a packed legislative agenda efficiently.
As the discussion unfolds, it remains to be seen whether Schumer’s agenda will prompt a significant shift in the Senate’s productivity and whether essential matters like defence, agriculture, and appropriations will receive the attention they deserve.
Prospects for Marijuana Banking Reform
The fate of the Secure and Fair Enforcement (SAFE) Banking Act, which aims to provide banking protections for state-legal cannabis businesses, hangs in the balance as discussions continue within the Senate. While the bill received a hearing in the Senate Banking Committee in May, its progress and chances of passage during the summer session remain uncertain.
Schumer’s inclusion of marijuana banking reform in his legislative priorities indicates his belief that progress can be made within a limited timeframe. However, potential obstacles and differing viewpoints within the Senate pose challenges to achieving bipartisan support for the bill.
One point of contention revolves around potential amendments to the SAFE Banking Act. Schumer has expressed his intention to attach an amendment on the floor to facilitate expungements for individuals with prior cannabis convictions. While the GOP sponsor of the banking measure has indicated openness to this revision, the majority leader did not mention it in his letter, leaving room for negotiation and potential compromises.
Additionally, members of the Senate Banking Committee are still deliberating Section 10 of the marijuana bill, which some Democrats have expressed concerns about, arguing that it could undermine banking regulations beyond the cannabis industry.
Despite these ongoing disputes, there are signs that the SAFE Banking Act is being supported. Lawmakers on both sides of the aisle have indicated their willingness to support the bill as long as there are no major roadblocks. However, the bill’s final passage and the potential inclusion of further clauses to enhance cannabis sector access to financial services remain questionable.
As stakeholders continue to fight for cannabis banking reform, it is unclear whether the bill will make it past the Senate Banking Committee, receive a committee markup, and ultimately make it to the Senate floor for a vote. The ability to identify common ground and address concerns while advancing towards bipartisan consensus on this critical facet of cannabis legislation will determine the outcome.
Bottom Line
The doubts raised by Senator John Cornyn regarding Senate Majority Leader Chuck Schumer’s ambitious legislative agenda, notably on marijuana banking reform, highlight the challenges and uncertainties surrounding these initiatives. The limited time frame and competing priorities in the Senate cast doubt on the feasibility of achieving Schumer’s goals within the given timeframe. The fate of the Secure and Fair Enforcement (SAFE) Banking Act remains uncertain as discussions continue, potential amendments are considered, and concerns are addressed. Finding bipartisan consensus and navigating the legislative process will be crucial in determining the outcome of cannabis banking reform. Balancing the need to address cannabis-related issues with other pressing matters will be essential for successful and meaningful progress in this area.
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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