Business
Swimming Pigs, White Sand Beaches, and Legal Weed – Bahamas Introduces Bill to Legalize Medical Marijuana
Medical and religious purposes only, sorry no recreational cannabis in the Bahamas, yet.
Bahamian officials have introduced a comprehensive legislative package to legalize marijuana for medical, religious, and research purposes, with a concurrent move to decriminalize personal possession of small amounts of cannabis and expunge previous convictions for simple possession. These proposed bills aim to establish a regulated and secure cannabis industry in the Bahamas. Attorney General Ryan Pinder and Health and Wellness Minister Michael Darville unveiled these reforms during a recent press briefing, expressing their goal of presenting the bills in Parliament by October and debating them before the end of the year. Significant preparatory work, including training, certifications, and the development of a digital platform for tracking and prescribing, is required before licenses can be issued.
If approved, Bahamian doctors would gain the authority to recommend cannabis for specific conditions like cancer, multiple sclerosis, and epilepsy. This change is expected to benefit individuals facing severe illnesses that do not respond well to clinical therapies. Additionally, the proposed reforms would accommodate the religious use of cannabis by Rastafarians, who would need to secure special licenses for this purpose. These changes collectively signify a significant shift in the Bahamas’ approach to cannabis, moving towards a more regulated and inclusive industry.
The Model of The Reform
The proposed policy changes aim to decriminalize the possession of up to 30 grams of marijuana, imposing a $250 fine instead of a criminal record, even though they do not call for the widespread legalization of cannabis. Additionally, prior convictions for simple possession would be erased.
The centerpiece of this legislative initiative is the Cannabis Bill of 2023. Complementing this bill, several other pieces of legislation within the package address various aspects such as regulations, amendments to dangerous drugs and health professions laws, pharmacy regulations, and more.
Within the framework of the regulated cannabis industry, license holders must be Bahamian citizens who are at least 21 years old. Ownership groups must also include a specific percentage of Bahamian individuals, depending on the type of license. For instance, cultivators must be entirely Bahamian-owned, whereas testing, manufacturing, and research licenses necessitate 30 percent Bahamian ownership.
“We have established a range of licenses and opportunities for Bahamians to participate actively, and we eagerly anticipate their involvement,” stated Pinder. “We believe this will yield a positive economic impact.”
This system would be overseen by the Cannabis Authority, a newly established government body comprised of nine members representing various sectors, including faith-based organizations, civil society, and individuals from the fields of banking, law, agriculture, scientific research, pharmacy, and medicine.
According to information on a government website detailing the proposals, this comprehensive framework is not arbitrary. Still, it is based on thorough research and the insights gleaned from the Caribbean Community Secretariat’s 2018 report on cannabis. Furthermore, the authors of these bills conducted a comparative analysis of cannabis regulation in Jamaica, Barbados, St. Vincent, the Grenadines, and Canada, ensuring that the legislation aligns with international best practices while being tailored to the Bahamas’ unique cultural and legal context.
A Multifaceted Approach to Cannabis Legislation: Medical, Religious, and Research Use
The proposed legislation in the Bahamas embodies a comprehensive approach to cannabis regulation, addressing medical, religious, and research aspects. By enabling medical professionals to suggest cannabis as a treatment option for particular ailments like cancer, multiple sclerosis, and epilepsy, it first recognizes the plant’s therapeutic potential. This enormous step not only acknowledges the therapeutic benefits of cannabis but also gives people seeking alternative treatments hope.
Secondly, the legislation respects the religious significance of cannabis for the Rastafarian community, providing a clear pathway for them to obtain special licenses for religious cannabis use. This inclusive approach aligns the nation’s laws with the faith and traditions of its citizens, emphasizing the Bahamas’ commitment to religious freedom and cultural diversity.
Lastly, the legislative package encourages scientific exploration of cannabis by facilitating research into its various potential benefits. By embracing research as an integral part of the framework, the Bahamas positions itself as a leader in understanding cannabis beyond traditional medicine, promoting innovation and evidence-based regulation.
A Thoughtfully Crafted Regulatory Framework
While the Bahamas embraces cannabis reform for medical, religious, and personal use, a central pillar of this transformation is the establishment of a meticulously designed regulatory framework. This framework encompasses various aspects, including ownership requirements, oversight mechanisms, and the anticipated economic impact of the burgeoning cannabis industry.
Under the proposed regulations, licensees entering the regulated cannabis industry must be Bahamian citizens and at least 21 years of age. This requirement ensures that the benefits of the cannabis industry are accessible to the nation’s citizens and creates opportunities for economic empowerment within the Bahamian community. Different license types, such as cultivation, testing, manufacturing, and research, come with specific ownership criteria. For instance, cultivators must maintain 100 percent Bahamian ownership, fostering local control over cannabis cultivation.
To oversee this burgeoning industry, the Bahamas introduces the concept of the government Cannabis Authority, consisting of nine members representing diverse sectors of society. These members include representatives from faith-based organizations, civil society, and individuals with expertise in banking, law, agriculture, scientific research, pharmacy, and medicine. This multi-faceted oversight approach ensures that the cannabis industry remains accountable, transparent, and aligned with the nation’s values and interests.
One of the most compelling aspects of the proposed cannabis reforms is their anticipated economic impact. The Bahamas acknowledges that a well-regulated cannabis industry has the potential to stimulate economic growth and create job opportunities. The reforms aim to strengthen the nation’s economy and empower its citizens by providing opportunities for Bahamians to participate in the industry.
As the Bahamas pioneers this thoughtfully crafted regulatory framework, it sets a precedent for other nations considering cannabis legalization. The balance between citizen ownership, rigorous oversight, and economic growth encapsulates the nation’s commitment to fostering a safe, prosperous, and locally driven cannabis industry. This regulatory framework is poised to shape the Bahamas’ future and, potentially, serve as a model for nations seeking to navigate the complexities of cannabis reform.
Bottom Line
The Bahamas is poised to undergo a significant transformation in its approach to cannabis through a comprehensive legislative package. With a strong focus on medical, religious, and research use, along with decriminalization measures, the nation seeks to establish a regulated and inclusive cannabis industry. By carefully crafting a regulatory framework that emphasizes citizen ownership, rigorous oversight, and economic growth, the Bahamas aims to set a pioneering example for other nations considering cannabis reform, shaping its future while fostering a safe, prosperous, and locally driven cannabis industry.
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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