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Weed-Funded Rec Center Opens in Aurora, Colorado

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Call it the “House that Weed Built.”

The city of Aurora, Colorado hosted a grand opening on Tuesday for its brand new 77,000-square foot, nearly $42 million recreational facility that was funded entirely by tax revenue generated from legal marijuana sales. 

Known as the “Southeast Recreation Center and Fieldhouse,” the facility boasts a slew of amenities, according to local news station KDVR: “A 23,000-square-foot fieldhouse with temperature controlled indoor environment; A full-sized field with professional-grade turf; An 8,000-square-foot multiuse gymnasium [that] will be able to accommodate one main basketball court, two cross basketball courts, two volleyball courts or three pickleball courts; A 1/9-mile long track elevated above the fitness area and gymnasium; A 7,600-square-foot fitness area with state-of-the-art equipment, including: A functional fitness area; An outdoor fitness space; A fitness studio; A large community room; [and a] natatorium, which in turn is comprised of: A 125,000-gallon swimming pool with a maximum depth of seven feet; A spa pool with water jets; A leisure pool that includes a 25-yard, four-lane lap pool, a lazy river, and a 20-foot-tall waterslide.” 

The city broke ground on the facility in early 2021, and it is the second new recreational facility to open in Aurora in the last four years.

The other rec center, which opened in 2019, was also funded by taxes from marijuana sales, according to KDVR. The news outlet Westworld reported that the Aurora City Council in 2020 “approved increasing the city’s sales tax on recreational marijuana from 7.75 percent to 8.75 percent, with the additional revenues going to fund youth violence prevention projects.” 

“We are excited to open our newest recreation center and fieldhouse,” Brooke Bell, the director of the Aurora Parks, Recreation and Open Space, said in a press release from the city earlier this month. “After an extensive community engagement process, the feedback received guided the creation of this exceptional facility; we look forward to the community enjoying the space they helped envision for years to come.”

In the press release, the city said that the Southeast Recreation Center is located “near several neighborhoods and the Aurora Reservoir,” and that “the center is a regional destination boasting the first indoor fieldhouse within the city in addition to a variety of other amenities and breathtaking views of the Colorado mountains.”

The construction of the two recreational facilities in Aurora serve as “proof of concept” for advocates who helped Colorado become one of the first two states to legalize recreational cannabis a little more than a decade ago when voters there approved Amendment 64. 

Supporters of marijuana legalization have long contended that a regulated cannabis retail market could be an economic boon for state and local governments. 

“Colorado did what no one had done before,” Colorado Gov. Jared Polis said at an event in October commemorating the 10th anniversary of the state’s legalization measure, as quoted by the Denver Gazette. “With voter [approval] of Amendment 64, we made history and therefore it is fitting that we are celebrating today 10 years here at History Colorado.”

Polis, a Democrat, has worked to strengthen the marijuana law. Last summer, he signed an executive order “to ensure that no Coloradan is subject to penalization for the possession, cultivation, or use of marijuana as this substance is legal in Colorado as a result of Amendment 64,” his office announced at the time.

“The exclusion of people from the workforce because of marijuana-related activities that are lawful in Colorado, but still criminally penalized in other states, hinders our residents, economy and our State. No one who lawfully consumes, possesses, cultivates or processes marijuana pursuant to Colorado law should be subject to professional sanctions or denied a professional license in Colorado. This includes individuals who consume, possess, cultivate or process marijuana in another state in a manner that would be legal under Colorado law,” Polis said in a statement.

Source: https://hightimes.com/news/weed-funded-rec-center-opens-in-aurora-colorado/

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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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