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The International Weed Trade Kicks Off in New Hampshire – NH to Allow Reciprocity Sales to Other States and Canada, Too!

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New Hampshire only has a medical marijuana program but will sell to international patients as well

The Division of Public Health Services (DPHS) within the Department of Health and Human Services (DHHS) has announced that starting from June 28, 2023, New Hampshire’s Alternative Treatment Centers (ATCs) can provide therapeutic cannabis to visitors from out of state and Canada who are certified to receive it in their state or province.

Therapeutic cannabis is used to alleviate symptoms of certain medical conditions. New Hampshire established the Therapeutic Cannabis Program in 2013 under RSA 126-X, similar to programs in other states. However, federal law prohibits the transportation of cannabis across state lines or international borders, regardless of its therapeutic or recreational legality in the involved areas. To address this, New Hampshire has amended its state law, allowing visiting patients to safely access therapeutic cannabis during their visit without violating federal regulations.

According to DPHS Director Tricia Tilley, individuals from other states with severe medical conditions who use therapeutic cannabis to alleviate symptoms are welcome to travel to New Hampshire, knowing they can safely obtain it while visiting.

Under the updated law, visiting patients can purchase therapeutic cannabis from New Hampshire’s ATCs up to three times a year using a valid therapeutic cannabis identification from another state or Canada. If the out-of-state patient has a documented qualifying medical condition approved by New Hampshire, they can purchase cannabis at the same frequency as qualifying patients in New Hampshire.

Visiting patients must present their out-of-state cannabis ID card along with a matching photo identification. Each patient is limited to possession of 2 ounces, and the maximum purchase within 10 days is also 2 ounces. Visiting patients must comply with all relevant state laws regarding the therapeutic use of cannabis.

New Opportunities for Non-Residents in New Hampshire

New Hampshire’s recent policy change has opened new doors for out-of-state visitors and Canadians seeking therapeutic relief through medical marijuana. This shift in approach signifies a significant milestone, as New Hampshire now welcomes individuals, regardless of residency, to access medical cannabis within the state.

Previously, legal restrictions prevented individuals certified for medical marijuana in their own states or provinces from purchasing it while travelling. However, New Hampshire’s progressive stance permits these individuals to obtain medical marijuana from the state’s Alternative Treatment Centers (ATCs) during their visit.

This policy change brings much-needed relief to countless non-residents who rely on medical marijuana to alleviate symptoms related to various medical conditions. By creating an inclusive environment for visitors seeking therapeutic benefits, New Hampshire recognises the importance of facilitating access to treatment options for patients beyond its borders.

While the new policy allows out-of-state visitors and Canadians to purchase medical marijuana, it is essential to emphasise the importance of compliance with relevant regulations. Visitors must possess a valid therapeutic cannabis identification issued by their home state or province to ensure a seamless process when obtaining medical marijuana in New Hampshire and benefiting from its potential in managing their medical conditions.

As New Hampshire takes this progressive move, it serves as a model for other states and countries, prompting discussions about safe and legal medicinal cannabis availability. The ability for non-residents to seek therapeutic relief while visiting New Hampshire benefits their well-being and develops an inclusive and compassionate climate inside the state’s healthcare system.

The Implications of NH’s Decision to Allow Cross-Border Medical Marijuana Purchases

The decision to allow Canadians and out-of-state tourists to acquire medical marijuana in New Hampshire will have a big impact on removing obstacles that previously prevented access to this type of treatment. This policy change recognises that patients must have easy access to medical marijuana, regardless of where they are physically located.

By removing restrictions on cross-border medical marijuana purchases, New Hampshire addresses the legal hurdles faced by patients travelling from other states or Canada and highlights the importance of patient-centric healthcare policies. This progressive approach emphasises the significance of prioritising patients’ well-being and providing access to treatments that can alleviate their medical conditions.

Furthermore, this ruling has the potential to affect broader discussions about the regulation and accessibility of medical marijuana. New Hampshire offers an example for other states and countries to follow by actively embracing the requirements of patients from various locations.

However, it is essential to recognise that while New Hampshire allows cross-border purchases of medical marijuana, compliance with local regulations is crucial. Visitors must ensure they possess the necessary documentation, such as a valid therapeutic cannabis identification from their home state or province, to stay within the legal framework while seeking treatment in New Hampshire.

Breaking barriers through New Hampshire’s decision to enable cross-border medical marijuana purchases signifies a significant step forward in promoting patient-centric healthcare practices and fostering a more comprehensive understanding of the potential benefits of medical cannabis. By prioritising patient access and well-being, New Hampshire sets a precedent for other jurisdictions to consider more inclusive and compassionate policies regarding medical marijuana.

Guidelines for Out-of-State Visitors and Canadians Seeking Medical Cannabis in New Hampshire

To navigate the process of obtaining medical cannabis in New Hampshire, out-of-state visitors and Canadians must adhere to specific guidelines and regulations. These guidelines ensure a smooth and legal experience while accessing the therapeutic relief they seek.

Firstly, visitors must possess a valid therapeutic cannabis identification from their home state or province. This identification serves as proof of eligibility and allows individuals to engage with New Hampshire’s Alternative Treatment Centers (ATCs) for purchasing medical cannabis. Additionally, presenting a matching photo identification establishes their identity and ensures compliance with state regulations.

Visitors are limited to a maximum possession of 2 ounces of medical cannabis, with purchases restricted to 2 ounces within any 10 days. By adhering to these limits, visitors comply with the law and contribute to the responsible and safe consumption of medical cannabis.

Bottom Line

New Hampshire’s groundbreaking decision to allow out-of-state visitors and Canadians to purchase medical marijuana demonstrates a compassionate and patient-centric approach to healthcare. By breaking down barriers and providing access to therapeutic relief, the state sets an example for others, promoting inclusivity and understanding of the benefits of medical cannabis. This progressive move prioritises patient well-being and contributes to broader discussions on the regulation and accessibility of medical marijuana. New Hampshire’s policy change reflects a forward-thinking and compassionate stance, paving the way for a more inclusive and patient-centred medical cannabis landscape.

Source: https://cannabis.net/blog/news/the-international-weed-trade-kicks-off-in-new-hampshire-nh-to-allow-reciprocity-sales-to-other

Business

New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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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:

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/

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Marijuana companies suing US attorney general in federal prohibition challenge

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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.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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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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