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The South Will Rise, Again! – With Federal Cannabis Legalization?

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How Legal Cannabis Could Revive Southern Economies

The global economy has been experiencing one of the most turbulent economic crises in the last decade, with the after-effects of the COVID-19 pandemic and the ongoing war in Ukraine. American states are not left out of this economic downturn; however, most state governments are searching for ways to improve their current sources of revenue. To most of these states, the cannabis industry has proven to be a legit way to replenish dwindling budgets, create jobs, and fund social and educational programs in disadvantaged communities.

To Southern states, this current situation is akin to what they faced during the Great Depression many years ago. Records show that alcohol decriminalization was one of the most important solutions that brought these states out of this depression. Today, in the same vein, cannabis decriminalization is considered one of the government’s solutions out of this economic hole. This is a win-win for everyone— residents stop bearing the brunt of the unjust policy of cannabis prohibition, and governments receive millions in revenues from cannabis sales.

Current Level of Cannabis Decriminalization

In February, Mississippi became the latest and 37th state to decriminalize cannabis for medicinal purposes. Mississippi is one of three deep southern states to approve the medical use, possession, and sales of marijuana. The other two states are Louisiana and Alabama.

Mississippi’s journey to cannabis decriminalization started in 2020 when its constituents voted for cannabis reforms; however, the measure was thrown out by the state’s Supreme Court. This current measure got approved in January and was subsequently signed by the Governor in February.

To many, it came as a shock that Louisiana, Alabama, and Mississippi would be one of the first movers for cannabis legalization in the southern regions. To be honest, many industry giants never even thought that these traditionally conservative states would legalize cannabis unless it became federally decriminalized. It is obvious that these states were impressed by the economic yields a legal cannabis industry could generate for a state.

Excelling in Cannabis Cultivation

The South has what it takes to excel in cannabis cultivation. The region already has a proven track record with similarly regulated industries. For instance, the area produces one of the highest amounts of tobacco in the country. At least five of the top ten tobacco-producing states are in the Southern region.

Cannabis is an agricultural commodity that has to be cultivated, cured, and processed with expertise. With practice and the right strategies, the South could be a top producer of cannabis plants and products in no time. We’ve observed that most of the South’s leading cash crops have recorded declines in pricing in recent years. Although these crops still bring in a sizable revenue to the states annually, cannabis has a higher potential to bring in higher returns.

The Southern States know their way around farming, production, and establishing regulated frameworks. These three skills alone can propel them into a productive cannabis economy. Another piece that’s needed to complete the jigsaw is people. The cannabis industry is in its infant stage. Hence it might be difficult for most southern states to get the required workforce. However, there are students in well-known universities in southern states which can be introduced to different niches in the budding industry. The state can establish policies to encourage talents to remain in the region post-graduation.

Curbing the Increasing Brain-Drain in the Southern States

The United States Congress joint economics committee recently investigated the issue of talent gain and talent loss across all states. The committee confirmed that the southeastern region had experienced a massive brain drain in recent decades. A high percentage of highly educated residents often leave their home southern states for other states in search of better job opportunities and living conditions. This has resulted in a stagnant and eroded southern economy.

Alabama, Louisiana, and Mississippi have taken the first step to reverse this brain drain and talent loss in the region by legalizing cannabis. Operators in this emerging southern cannabis industry are racing to mold the industry’s future and become the widely known household cannabis brand. Only one company can have the chance to create the Budweiser or Q-tip of cannabis in the south, and the current operators are working hard to clinch this opportunity.

In the following months and years, many bright minds from mainstream industries will be willing to dive into the southern cannabis industry because there is room for career growth and financial benefits.

What About Other Larger Southern States?

Aside from Alabama, Mississippi, and Louisiana, most constituents in other larger southern regions of the country, including Georgia, North Carolina, South Carolina, Kentucky, and Tennessee, are far from granting residents easy access to medical marijuana. Some areas in Arkansas, Florida, and West Virginia already have limited access to cannabis-derived medications—provided they meet the restrictive qualifying conditions.

If other states were to legalize cannabis soon, they would also strive to gain leadership in the region’s cannabis economy. It would be a competition of who can establish the best policies.

We can expect these states to give tax incentives to cannabis businesses to improve the local economics. For example, companies in Georgia have enjoyed a steady stream of tax incentives. Although it is yet to approve a comprehensive cannabis legislature, its residents enjoy one of the most extensive film incentive programs in the country, even higher than New York and California. The higher a state’s tax incentives, the higher the number of entrepreneurs trooping in to establish offices and operations.

Final Note

Southern states have all it takes to be a cannabis economic powerhouse. The region possesses the skills, fertile lands, brilliant minds, and immense potential to overthrow the current highest producers of cannabis in the country.

But first, they must approve cannabis reforms that decriminalize cannabis, grant clemency, and provide social equity to all. In all these, we believe that BIPOC must be considered for crucial roles in this emerging industry. Seeing as they’re more likely to be charged for cannabis offenses than white people and are least often considered to head legal cannabis companies. As it is, the southern states shouldn’t be the only region looking to pace a way of this current economic downturn. The country should also work on implementing a comprehensive strategy by ending cannabis prohibition.

Source: https://cannabis.net/blog/opinion/the-south-will-rise-again-with-federal-cannabis-legalization

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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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Business

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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