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Want to Sell Weed in Guam? – Good, Because No One Has Applied for a Retail Cannabis License, Yet!

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Why has on one applied to sell cannabis legally in Guam?

Slowly but steadily, Guam’s recently established recreational marijuana industry is taking shape. Guam’s Cannabis Control Board has approved 11 “responsible officials,” or government-designated corporate leaders who must be in place before a company can acquire a recreational license, as officials anticipate requests for cannabis business licenses.

According to the Pacific Daily News, the board recently approved Trisha Blas as a responsible official for an ambitious cannabis manufacturing plant named Guahannabis LLC. The board also authorized Eugene Arriola’s responsible official application for The Heights Farm, which aims to grow cannabis in a location with a maximum of 2,500 square feet of canopy space.

The Department of Revenue and Taxation also affirmed that a third prospective responsible official application, filed by Wang-Chieh “Ronald” Su for the “Herbal World” cannabis retail outlet, has been withdrawn by Su, who expects to resubmit it once a cannabis testing facility is operational,

According to the news site, nine relevant officials had previously been approved and have been told of the following procedures to apply for cannabis establishment licenses. However, no one has yet filed for a permit.

“They have it, they’re focusing on their paperwork,” Craig Camacho, compliance supervisor for the Guam Department of Revenue and Taxation, informed the Pacific Daily News.

Last year, Jeff Wells, CEO of Metrc, the seed-to-sale monitoring system used by Guam, stated that the firm was “eager to take on the challenge O this new regulatory opportunity.” “Metrc is happy to cooperate with the Department of Public Health and Social Services as Guam establishes its medical cannabis industry. Merc is excited to collaborate with licensed business owners and regulators to launch the island’s first regulated track-and-trace program. “We are happy to take the lead in safeguarding the security and safety of the nation’s legal cannabis industry,” Wells said at the time.

More Hands On Deck

According to Pacific Daily News, Guam’s Cannabis Control Board approved two additional “responsible officials” on Monday. Nine other people who received the designation already had the regulator’s approval. Those persons were briefed on the next procedures at a Nov. 17 conference. They were handed the application paperwork required to establish a cannabis establishment.

A compliance supervisor for the Department of Revenue and Taxation, Craig Camacho, was quoted by Pacific Daily News. He affirmed to the Cannabis Control Board that the responsible officials have their applications and they’re preparing their paperwork. However, they have yet to file their application to the office for consideration or review.

Lou Leon Guerrero, Guam’s governor, announced late last year that the state had “signed a deal with Metrc. Metrc is a proven provider of cannabis regulatory systems within the United States.” “Over the last decade, there has been significant evidence that marijuana offers therapeutic benefits.

According to Guerrero, the final evaluation of the laws and regulations for the cannabis industry by the state’s Cannabis Control Board will ensure proper control of recreational cannabis use and promote safe and regulated cannabis products. Guerrero also added that the cannabis industry will assist their community. The sector will fund other public health and safety services and offer alternative rehabilitation and treatment to those in need.

According to Guam lieutenant governor Josh Tenorio, “being an island territory and tourism hub, Guam’s cannabis sector confronts unique obstacles in terms of regulation and control.” “We are excited about this historic collaboration between Metrc and DPHSS. The collaboration will help the government in implementing the secure and responsible deployment of our cannabis business on Guam, and providing us with the tools we need to assure our success,” Tenorio stated.

Cannabis Legalization In Guam

Cannabis was initially introduced in Guam in the Vietnam War when US military personnel were stationed on the island. However, until the end of 2014, the Joaquin (KC) Concepcion II Compassionate Cannabis Use Act of 2013 legislated medicinal cannabis in Guam.

Subsequently, Guam legalized recreational cannabis use in 2019 by enacting the Guam Cannabis Industries Act. The Guam Cannabis Industry Act was signed into law by Governor Lou Leon Guerrero. This historic feat legalized the use, possession, and home cultivation of recreational marijuana in the state.

A cannabis patient may now possess a maximum of 2.5 ounces of medical cannabis without a doctor’s prescription. Furthermore, anyone above 21 can cultivate up to 6 plants or possess up to 1 ounce of cannabis for personal use (3 immature and 3 mature). According to NORML, the law legalizes the personal use and possession of cannabis by adults. It also imposes laws regulating the plant’s production process and retail sales. 

The law allows those at least 21 years old to transfer and possess up to an ounce of cannabis flower or 8g of concentrated marijuana. The law also allows individuals to grow up to six marijuana plants (maximum of three mature plants) in a “locked, enclosed room” for personal use.

“However, public use of cannabis will continue to be illegal,” NORML stated after the measure was adopted. “The Act establishes a new regulatory board to develop rules governing the plant’s commercialisation and retail sale. The committee has a one-year deadline to develop the guidelines that will permit the operations of licensed cannabis enterprises.”

Conclusion

Guam’s cannabis industry has taken longer than expected to take off. Despite noticeable progress in Guam’s cannabis industry, logistical and political obstacles have resulted in the island having no licensed and functioning medical cannabis businesses. This is partly because it took long for the state to choose a provider for a track-and-trace license and sales system. But with these problems already fixed, it now appears that a robust cannabis sector is only around the corner.

Suppose you’re one of the numerous cannabis-minded entrepreneurs looking to join on the ground floor of Guam’s growing cannabis market. In that case, there’s a lot to do. But first, you will need to carefully navigate Guam’s new and untested cannabis legislation and standards to ensure the success of your new cannabis venture!

Source: https://cannabis.net/blog/news/want-to-sell-weed-in-guam-good-because-no-one-has-applied-for-a-retail-cannabis-license-yet

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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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