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U.S. Virgin Islands Lawmakers Pass Cannabis Legalization Bill
Senators in the U.S. Virgin Islands voted to legalize cannabis for adults last week, making the Caribbean territory the 21st jurisdiction in the United States to end the prohibition on recreational marijuana.
Lawmakers in the U.S. Virgin Islands last week passed legislation to legalize recreational marijuana, bringing the number of states and territories in the country that have legalized the use of cannabis by adults to 21. The legislation was passed in the U.S. Virgin Islands Senate on December 30 by a veto-proof majority vote of 11-1. Governor Albert Bryan, who has expressed strong support for cannabis policy reform, is expected to sign the legislation, according to media reports.
The legislation was approved in conjunction with another bill that expunges past convictions for marijuana-related offenses, which was passed by senators on Friday with a unanimous vote.
Senator Janelle K. Sarauw, the sponsor of the recreational marijuana legalization bill, said that the legislation was a collaborative effort by advocates who overcame opposition to comprehensive cannabis policy reform.
“Although there have been many politically driven false narratives about this cannabis legislation, I am proud of the work done by the Senators of the 34th Legislature, community stakeholders and advocates, all of who contributed to the structuring of the final bill voted upon in today’s Session,” Sarauw said in a press release posted to Facebook. “The body did its due diligence in protecting the masses and the best interest of our residents by ensuring that locals and minorities are not locked out of industry and have any opportunity to participate in its economic potential.”
Senators Worked Through Holiday To Finalize Bill
Senators reportedly worked over the Christmas holiday to work out some concerns with the proposed bill, eventually making some changes to the measure’s language in an amended version of the legislation.
“It became contentious, we almost went to war over cannabis,” Sarauw said jokingly in a statement quoted by The Virgin Islands Consortium, adding that “every single amendment, every single suggestion that members made is included in the amendment in the nature of a substitute.”
Possession of up to one ounce of cannabis was decriminalized in the U.S. Virgin Islands by legislation passed in 2014 and in 2019 a bill to allow the medical use of marijuana was passed by the territorial legislature. Under the bill passed last week, residents and visitors to the Caribbean island territory will be allowed to purchase adult-use cannabis and medical marijuana at licensed dispensaries.
“There are so many provisions in this bill across various disciplines, that once implemented and enforced with fidelity, the Territory will see an industry that is inclusive and diverse, but most importantly, safe,” Sarauw said in the press release. “It is my hope that the current administration implements both Medicinal and Adult Use to their full potential, for the benefit of the people of this Territory.”
Regulations Still To Come in Virgin Islands
Although the bill was passed by a veto-proof majority and has the support of the territory’s governor, Sarauw noted that the legislature has yet to pass regulations to govern marijuana cultivation and sales, steps that are necessary before a regulated cannabis industry can begin operating in a legalized economy.
“Cannabis will be on the governor’s desk in no time and we have done absolutely nothing to move cannabis forward,” she said. “We bawl, I get attacked in debates about cannabis and it will be on the governor’s desk – rules and regs haven’t been promulgated, no seal-to-seal tracking system, nothing has moved with this industry.”
The bill was passed early Friday morning during the last legislative session that Senator Donna A. Frett-Gregory served as Senate President of the 34th Legislature. She indicated her support for the measure, noting that the governor and 11 of the territory’s 15 senators had traveled to Denver to learn about issues related to cannabis legalization.
“It would be irresponsible of myself to not move this legislation up or down, whichever decision we make this evening, in the 34th Legislature because we spent the government money,” Frett-Gregory said.
Source: https://hightimes.com/news/u-s-virgin-islands-lawmakers-pass-cannabis-legalization-bill/
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/
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