Business
UN Issues ‘Warning’ to U.S. Over Adult-Use State Laws, Suggesting Repeal
The International Narcotics Control Board issued a “warning” about U.S. adult-use cannabis laws.
The United Nations’ (UN) narcotics watchdog issued a press release on March 9, saying that U.S. adult-use cannabis laws are out of sync with the 1961 Single Convention on Narcotic Drugs, (with roots in Reefer Madness) and that the “trivialization” of youth harms from cannabis is a major cause for concern.
The UN’s International Narcotics Control Board (INCB) said that it is “warning” in its Annual Report 2022 that the wave of adult-use efforts in U.S. states “contravenes the 1961 Single Convention on Narcotic Drugs” and sends the wrong message to youth.
“The most concerning effect of cannabis legalization is the likelihood of increased use, particularly among young people, according to estimated data,” the INCB wrote. “In the United States, it has been shown that adolescents and young adults consume significantly more cannabis in federal states where cannabis has been legalized compared to other states where recreational use remains illegal.”
The UN 1961 Single Convention on Narcotic Drugs states that UN member States must carry out the provisions of the Convention within their territories. U.S. state laws don’t appear to carry much weight. “The internal distribution of powers between the different levels of a State cannot be invoked as justification for the failure to perform a treaty,” the Convention reads.
The INCB continued, saying, “There is also evidence that general availability of legalized cannabis products lowers the perception of risk and of the negative consequences involved in using them. New products, such as edibles or vaping products marketed in appealing packaging have increased the trend. INCB finds that this has contributed to a trivialization of the impacts of cannabis use in the public eye, especially among young people.”
“The expanding cannabis industry is marketing cannabis-related products to appeal to young people and this is a major cause for concern as is the way the harms associated with using high-potency cannabis products are being played down,” said INCB President Jagjit Pavadia.
Pavadia continued, “Evidence suggests that cannabis legalization has not been successful in dissuading young people from using cannabis, and illicit markets persist.”
The legalization of adult-use cannabis—not candy-flavored Adderall, sometimes used by six-year-olds—is the UN’s cause of concern in the U.S. Edibles and vape pens with candy and cereal flavors also raise an alarm at the INCB.
Ironically, the 1961 Single Convention can be traced to the Reefer Madness era in the U.S., and shouldn’t be used as any real metric, according to NORML.
“Cannabis policy reform advocates have been readily vexed by the United Nation’s extreme anti-cannabis advocacy and propaganda since the 1970s, and arguably after America’s original drug czar Harry J. Anslinger, in his last act as a life-long anti-cannabis zealot and 30-year plus federal drug czar, he watched President John F. Kennedy commit the world and then American-dominated United Nations to America’s Reefer Madness via the signing of the Single Convention Treaty in 1961,” wrote former NORML executive president, Allen St. Pierre.
The report then says that the U.S. should decriminalize and depenalize cannabis alternatively instead of legalizing adult-use.
According to the INCB, the UN provides more than enough leniency: “The convention-based system offers significant flexibility for States to protect young people, improve public health, avoid unnecessary incarceration and address illicit markets and related crime.”
Source: https://hightimes.com/news/un-issues-warning-to-u-s-over-adult-use-state-laws-suggesting-repeal/
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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