Business
Washington State Announces Social Equity Applications for March 1
After three years since Washington enacted a social equity program, the Washington State Liquor and Cannabis Board is finally ready to open up applications.
The Washington State Liquor and Cannabis Board (LCB) has officially announced that it will open up social equity applications on March 1. The window for applications will only last 30 days, ending by 5 p.m. on the deadline.
Only 44 licenses that were previously “forfeited, canceled, revoked, or never issued” are being made available to those who qualify. Applicants must have been living in a disproportionately impacted area (DIA), which is defined as having a high poverty rate, participation in “income-based federal programs,” unemployment, and rate of convictions, between 1980 to 2010. Applicants must have been convicted of a cannabis-related offense themselves, or know a family member who was convicted as well. Finally, the applicant’s income must be less than the state average, which is $82,400.
The LCB has set up webinars for Jan. 24 and 28 in order to assist potential applicants through the licensing process.
While social equity has become a standard in the industry, especially in states that have only recently legalized adult-use cannabis, Washington State’s initial legalization did not include these provisions.
“The 2012 ballot measure Initiative 502, which legalized recreational use of cannabis by adults, did not include provisions or create programs to acknowledge the disproportionate harms the enforcement of cannabis laws had on certain populations and communities,” the LCB stated. “The LCB recognizes that cannabis prohibition laws were disproportionately enforced for decades and that the cumulative harms from this enforcement remain today.”
In March 2020, Gov. Jay Inslee signed House Bill 2870 (which was introduced to the legislature by Rep. Eric Pettigrew), which took effect on June 12, 2020. This created a state social equity program, a Social Equity Task Force, “…and the opportunity to provide a limited number of cannabis retail licenses to individuals disproportionately impacted by the enforcement of cannabis prohibition laws.”
Currently, there is a new bill being proposed that aims to improve upon the original social equity bill. Senate Bill 5080’s first hearing was held on Jan. 10 with the Senate Labor & Commerce Committee, Washington CannaBusiness Association, and Craft Cannabis Coalition. Many who were present discussed their concerns with market oversaturation, asking that the number of social equity licenses be reduced.
In December 2022, a Headset report found that annual cannabis sales in Washington State were in decline by about $120 million in comparison to data from the previous year. “From March 2020 to March 2021, legacy cannabis markets saw drastic increases in growth,” wrote Headset about the decrease. “In the beginning months of the pandemic for example, Colorado’s total adult-use sales grew by 63% from February to July 2020.” However, the increase of sales during the pandemic prompted an unusual meteoric rise. “What you’re seeing as a ‘dip’ is really sales returning to normal growth as more people returned to in-person work,” said LCB spokesperson Brian Smith. He added that this downward trend isn’t isolated to just Washington state, but is being seen across the country in other legal states as well.
Washington State also made strides in 2022 to work on other outdated laws. In April 2022, Gov. Inslee signed House Bill 1210, which replaced all references of “marijuana” in state legislation with “cannabis.” According to bill sponsor Rep. Melanie Morgan, the connotations behind marijuana needed to be removed. “The term ‘marijuana’ itself is pejorative and racist,” Morgan said. “As recreational marijuana use became more popular, it was negatively associated with Mexican immigrants. Even though it seems simple because it’s just one word, the reality is, we’re healing the wrongs that were committed against Black and Brown people around cannabis.”
Source: https://hightimes.com/news/washington-state-announces-social-equity-applications-for-march-1/
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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