Cultivation
Texas Ag Commissioner Voices Support for Medical Pot Access
Texas Agriculture Commissioner Sid Miller penned an editorial last week calling on state leaders to ease access to medicinal cannabis.
Texas Agriculture Commissioner Sid Miller published an editorial on Friday calling for improved access to medical marijuana in the state, writing that state leaders should “lead or just get out of the way if we cannot formulate effective cannabis policy for Texas.”
In the letter, which Miller posted to the Texas Department of Agriculture’s official website, the commissioner noted that he advocated for the legalization of hemp in the state and is now responsible for regulating hundreds of hemp businesses. He wrote that he also supported the development of products for medical use including hemp oil, which are improving the lives of Texans everyday when other medicines have failed. Miller added that he would improve access to medical cannabis in the next year. In 2015, the state legalized the use of low-THC cannabis products as a treatment for epilepsy, adding additional qualifying medical conditions in 2019 and 2021.
“It is my goal next year to expand access to the compassionate use of cannabis products in Texas so that every Texan with a medical need has access to these medicines,” Miller wrote.
Cannabis Enforcement Mire in Bias
In his editorial, Miller noted that the history of cannabis prohibition and enforcement in the United States has been riddled with bias and values not consistent with professed American ideals. He also noted that cannabis policy decisions have often been made based on misinformation and emotion rather than reality and that the government should only make things illegal “for a powerful reason or set of facts.”
“As I look back, I believe that cannabis prohibition came from a place of fear, not from medical science or the analysis of social harm. Sadly, the roots of this came from a history of racism, classism, and a large central government with an authoritarian desire to control others. It is as anti-American in its origins as could be imaginable,” Miller wrote. “Today, in the 21st century, this must end. We must start with a new chapter and a new attitude about the use of cannabis – especially when it comes to its potential medicinal benefits.”
Miller, a Republican, noted in his message that 39 states “including politically conservative states such as Oklahoma, Utah and Florida” have passed measures to legalize the medicinal use of cannabis. More than a dozen others “including conservative western states like Arizona, Montana and Alaska, have legalized commercial cannabis sales” for all adults aged 21 and older.
“While I am not sure that Texas is ready to go that far, I have seen firsthand the value of cannabis as medicine to so many Texans,” Miller wrote.
Mixed Messages from Texas Republicans
The Republican leadership in Texas has not expressed a consistent stance on cannabis policy. While campaigning for re-election in January, Governor Greg Abbot said that Texas prisons should be reserved “for dangerous criminals who may harm others.”
“Small possession of marijuana is not the type of violation that we want to stockpile jails with,” said Abbot.
But Lieutenant Governor Dan Patrick is one of the state’s most vocal cannabis opponents.
“The Lt. Governor has made it pretty explicitly clear that he is not on board for lessening the state’s drug laws around marijuana,” Joshua Blank, research director for the University of Texas Austin’s Texas Politics Project, said earlier this year. “But I think like any other public figure, if pressure continues to mount, especially within his own party, there’s no reason he can’t change his mind.”
Noting that four out of five Texans support the compassionate use of cannabis, Miller called on Abbot and the state’s lawmakers to increase access to medicinal cannabis during the next legislative session.
“It is time for all of us, including the Governor, members of the Texas Legislature and others to come together and set aside our political differences to have an honest conversation about cannabis: where we have been, where we are going and what role government should properly play,” Miller concluded. “We owe it to our fellow Texans, especially those who are suffering, to lead or just get out of the way if we cannot formulate effective cannabis policy for Texas.”
Source: https://hightimes.com/news/texas-ag-commissioner-voices-support-for-medical-pot-access/
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/
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
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