FORT LAUDERDALE, Fla., and TORONTO, May 16, 2022 – PRESS RELEASE – Flora Growth Corp., a leading all-outdoor cultivator, manufacturer and distributor of global cannabis products and brands, announced the appointment of regulatory veteran Holly Bell as Vice President of Regulatory Affairs. Bell will play a critical role in Flora’s domestic and global expansion strategy and lead government relations in key international markets. 

Most recently, Bell was the Florida Department of Agriculture and Consumer Services’ first Director of Cannabis. This agency allowed for the creation of manufacturing, cultivation and sales programs in the state. As the Director of Cannabis, Bell worked with leading regulators throughout the state to create the first commercial hemp program in Florida and develop an extensive educational series on the program. She also advised leading financial institutions on compliance to help them offer banking services to cannabis businesses. 

At Flora, Bell will oversee the regulatory strategy supporting the advancement of Flora’s cultivation, distribution and pharmaceutical programs including the company’s regulatory submissions and interactions with government authorities worldwide. Bell will also work to develop and expand curriculum produced in partnership with EdEx that educates university students, companies and governments about the business of cannabis.

“I am excited to be working with Flora, supporting our work on the global stage, by advancing how the world views cannabis as a product and as a medicine,” Bell said. “I’m looking forward to leveraging my experience launching Florida’s hemp program to help Flora improve access to some of the best wellness brands in the world. From our leadership and brand teams to our valued scientists and cultivators, every part of the Flora organization is dedicated to providing safe, legal and accessible cannabis products to consumers globally.”

“Holly’s unique knowledge and understanding of the United States’ regulatory framework will position us to make thoughtful, educated and bold decisions regarding strategic distribution, cultivation and sales plans,” said Luis Merchan, president and CEO of Flora Growth. “We look forward to bringing Holly’s expertise to our growing roster of industry standouts and working closely with governments worldwide to break down the barriers to the cannabis trade.”

Ohio officials have followed through on plans to more than double the state’s current number of medical cannabis dispensaries, announcing this week that they have approved 70 new retail licenses that were issued through a lottery.

The Ohio Board of Pharmacy, which regulates the state’s medical cannabis dispensaries, announced the license recipients May 16, according to The Cincinnati Enquirer.

The board conducted the lottery earlier this year, the news outlet reported, and then reviewed the applications drawn to ensure they met the business, security and patient care requirements for a license.

A certain number of the new cannabis retail licenses were allocated for each dispensary district, which contain a county or a group of counties, according to the Enquirer.

The full list of provisional license recipients can be viewed on the program’s website.

After a life-changing tragedy struck his family, Narith Panh, chief operating officer (COO)  of Utah-based, vertically integrated medical cannabis company Dragonfly Wellness, entered the cannabis industry on a mission to help families find relief through this alternative form of medicine.

Now, more than two years into this journey, Panh shares with Cannabis Business Times what drew him to the industry, lessons learned and some of the company’s biggest accomplishments in celebration of Asian American and Pacific Islander (AAPI) Heritage Month.

Melissa Schiller: How did you get your start in the cannabis industry, and how did it lead to your current role with Dragonfly Wellness?

Narith Panh: I joined Dragonfly about two and a half years ago. What got me into it was an unfortunate accident with my brother. My brother was involved in an auto-pedestrian hit-and-run accident. He was hit by a drunk driver as he was crossing the street at about 40 mph. That has a 90% mortality rate, so we’re really lucky that he survived the accident. Not only did he survive, but he really thrived through it. A big reason that he was able to thrive was that through his entire nine-month recovery, we medicated him on edible cannabis only—not a single pain pill. We still have the original prescriptions in the bottle that they originally gave him.

I was born and raised here in Salt Lake City, so the opioid epidemic is no stranger to me. I’ve lost friends and family to that. I didn’t want my brother to be the next statistic. It’s a very common story: A guy gets into an accident and all of a sudden, he becomes a heroin addict on the street. That’s really crazy to get to that point, but it’s a very common story that many families have to deal with.

One of [my brother’s] friends opened up a GoFundMe account and raised $60,000 from friends, family, complete strangers [and] people in the community. He got featured on the news somehow, and it was just overwhelming. We were fortunate that we had insurance, that the person who hit him had insurance [and that] they found the person. We had most of our medical expenses covered. We had $60,000 and we were like, “We don’t need this money. What do we do with it?” We were looking for somewhere to invest, somewhere to donate, and that’s where Dragonfly came up.

Delaware Democratic Gov. John Carney reaffirmed his opposition to adult-use cannabis legalization but expressed receptiveness for decriminalization on May 16.

His comments came after the Democratic-controlled Delaware General Assembly sent a decriminalization bill to his desk last week with both chambers approving the legislation with three-fifths majorities.

RELATED: Delaware General Assembly Passes Adult-Use Possession Bill

The legislation, House Bill 371, intends to legalize the possession of up to 1 ounce of cannabis for adults 21 and older.

While Carney’s communications director, Emily David Hershman, said last week the governor’s position on cannabis had not changed following that bill’s passage, Carney told ABC-affiliate WMDT on Monday that he agrees with decriminalizing the plant.

“I don’t think it should be a criminal offense but this bill that passed just decriminalizes it. It doesn’t have a regulatory piece that goes with it,” Carney said. “So, we’re looking at the same concerns that I’ve been articulating for some time with respect to public safety and its effect on our young people, and we’ll continue to keep those in mind.”

At the May 14 Emerald Cup, Fig Farms received an award for 1st Place Indoor Flower and won the Indoor Flower Breeder’s Cup, according to a press release.

The California cultivator was founded in 2016 by legacy farmers and breeders Keith and Chloe Healy, per the release.

Animal Face, the Emerald Cup 1st Place Indoor Flower Winner

Animal Face by Fig Farms was named as this year’s 1st place indoor flower at the Emerald Cup.  

The 1st place winning Animal Face was hunted from seed, further solidifying the ability Fig Farms has in selecting winning phenotypes. Animal Face’s terpene profile was categorized by the Emerald Cup as “OG & Gas” with tasting notes of gas, kiwi and paint thinner. 

Holy Moly!, the Emerald Cup Indoor Flower Breeder’s Cup Winner

Santa Rosa, CA – May 16, 2022 –  CannaCraft, a large-scale cannabis manufacturer based in Northern California, is honored to announce their multiple first place award wins in the 18th annual Emerald Cup.

Dubbed as the “Academy Awards of Cannabis,” the prestigious competition of over 50 unique categories took place on Saturday, May 14th, 2022 at The Montalbán Theatre in Hollywood and was broadcast live worldwide on ALTRD.tv. 

Farmer and The Felon brand’s “Lemon Sponge Cake” took home the highest honors of the evening, winning not only 1st place in the Sungrown Flower category,  but also earning the coveted “Best In Show” distinction.

Sungrown flower is, by the competition’s definition, the “full sun, full term outdoor cultivation of mature cannabis without the use of artificial lighting in the canopy area at any point in time and without the use of a protective structure,” and to grow the superior quality that Farmer and the Felon is known for is extremely challenging, given the myriad of determination factors. The sun, soil, microclimates, and terroir all contribute to bringing about a unique and full expression of the flower along with its entourage effect. 

The brand’s “Georgia Pie,” “Double OG Chem,” “92 OG” and “Sticky Buns” strains also finaled in the category, with 3rd, 4th, 8th and 11th place wins, respectively.

CannaCraft’s Care By Design brand was awarded two 1st place wins for its “1:1 Joint and Muscle Cream” in the Topicals – Therapeutic category, and its “1:1 Max” drops in the Tinctures category. The 1:1 Max is currently the most potent CBD product in the California market.

Another spring planting season for California’s legal cannabis growers is a time for optimism, an outlook curbed by a bevy of issues holding back the industry from its full potential.

Operators interviewed by Cannabis Business Times pointed to an ongoing supply glut, ever-changing state regulations and the still-thriving illegal market as obstacles negatively impacting their work this year. Yet, cannabis entrepreneurs continue to stay nimble in their daily functions as they wait for the pendulum to swing the other way.

Full Moon Farms, a small-scale business with three separate properties in Humboldt County, has 2.6 acres of sun- and greenhouse-grown cannabis canopy. Owner Nik Erickson works from a trio of disparate microclimates in growing strains such as Ice Cream Cake and Northern Berry.

Erickson enjoyed a hot sales year in 2020 before backsliding somewhat in 2021 with a declining market share for flower that remains a thorn in the side of California’s licensed cultivators. According to the California Cannabis Industry Association (CCIA), flower sales in March 2021 totaled $207 million, or just above 43% of total sales. In 2022, flower sales totaled about $150 million, or 37% of total sales.

“Farms got stuck sitting on product, which hit the bottom line for smaller operators that don’t have the wiggle room of the bigger, well-financed farms,” says Erickson.

Gaithersburg, Maryland - May 16, 2022 - PRESS RELEASE: JumpLights, Inc., a Maryland-based provider of horticultural lighting solutions, has unveiled the Catalyst Under Canopy Light, an LED lighting system that targets premium flower growth below the canopy. This patent-pending solution increases flower weight by more than 20% and improves the plants’ composition, quality and yield.

The Catalyst Under Canopy Light is designed to improve plant growth where traditional overhead canopy lights cannot – from the bottom up. The innovative design is easy to install, energy-efficient, and compatible with most standard grow racks. It features a highly-transparent lens designed to stay clean, which keeps the light source reliable and consistent.

The Catalyst is available in full-spectrum 260- and 340-watt light versions for 260 or 340 watts per 4x4 area for a recommended 2-bar configuration. The waterproof design features an advanced thermal system to decrease heat in grow rooms and extend the life of the lights.

JumpLights Chief Technical Officer Matteo Del Ninno explains, "The Catalyst under canopy light exemplifies our design ethos – prioritizing performance along with ease of use – to make growing more profitable and enjoyable."

After months of pre-launch testing and research, growers who used the Catalyst saw a vast improvement in crop yield and quality. The results prove that this under-canopy lighting solution is poised to be a leader in the industry.

Leaders in California’s Santa Barbara County are considering a new ordinance that would require a higher level of permit for those looking to grow cannabis in all unincorporated inland areas, according to the Santa Maria Times.

The Planning Commission voted 5-0 on May 11 to recommend that the Board of Supervisors adopt an ordinance amendment proposed by the Planning and Development Department that would require a conditional use permit for all cannabis cultivation applications submitted in Agriculture 2 and Manufacturing zones, the news outlet reported.

Currently, a land use permit is required for most cultivation operations, according to the Santa Maria Times.

RELATED: Civil Grand Jury Recommends Tweaks to Humboldt County’s Cannabis Licensing Process

The amendment would automatically shift applications for land use permits that have not received final approval to applications for conditional use permits, the news outlet reported.

New York’s cannabis regulators plan to host educational workshops this week to provide support for entrepreneurs seeking licenses in the adult-use market.

The Office of Cannabis Management (OCM) will hold two virtual sessions on May 17 and 18 to offer information for those applying for the first round of Conditional Adult-Use Retail Dispensary (CAURD) licenses, according to a Syracuse.com report.

The “Get Ready, Get Set" workshops will focus on the eligibility criteria for applicants who have been negatively impacted by cannabis prohibition and how the organizations that work with those applicants can support them, the news outlet reported.

At 4 p.m. on Tuesday, May 17, the OCM will host a workshop titled “Am I Eligible for a CAURD License? How do I Apply for a Conditional License?” That workshop will be followed by one called “How to Support Individuals with a Cannabis Conviction in Applying for License,” which will be held at 4 p.m. on Wednesday, May 18.

The OCM then plans to hold two “listening series” workshops next week to focus on how to support cannabis cultivation and ensure equity in New York’s adult-use cannabis industry, Syracuse.com reported.

U.S. Sen. Jacky Rosen, D-NV, announced last week that she led a bipartisan group of more than 20 of her colleagues to urge congressional leadership to act on banking reform for the cannabis industry.

A group of 24 senators wrote a letter to Senate and House leaders May 12, encouraging them to include the Secure and Fair Enforcement (SAFE) Banking Act in the final version of the America COMPETES Act.

Federal law currently prohibits financial institutions from providing services to state-legal cannabis businesses, as well as ancillary businesses that serve the industry, forcing these operations to conduct cash-only transactions.

“Because of this federally-imposed barrier, cannabis small businesses are repeatedly targeted by criminal actors and fall victim to cash-related safety risks, including growing incidents of theft, robbery, and violence,” according to the announcement from Rosen’s office. “The SAFE Banking Act would finally allow licensed cannabis businesses operating in states like Nevada to have equal access to banking services.”

The SAFE Banking Act has passed the House six times, most recently in February as a bipartisan amendment to the America COMPETES Act.

BUFFALO, New York, May 16, 2022 - PRESS RELEASE - 22nd Century Group., an agricultural biotechnology company dedicated to improving human health with reduced nicotine tobacco, hemp/cannabis and hops advanced plant technology, announced the acquisition of privately held GVB Biopharma. As a contract development and manufacturing organization (CDMO), GVB is one of the largest providers of hemp-derived active ingredients for the pharmaceutical and consumer goods industries worldwide based on total tonnage.

GVB's strengths compliment 22nd Century's existing upstream and downstream value chains, which include expertise in cannabinoid receptor science with CannaMetrix, plant research and proprietary genetics through its KeyGene partnership, breeding expertise with Extractas and cultivation capabilities at Needle Rock Farms. The combination with 22nd Century establishes a global asset to serve the rapidly growing hemp/cannabis ingredient market.

"GVB represents a transformational acquisition for 22nd Century that will enable us to rapidly grow our hemp/cannabis franchise," said James A. Mish, 22nd Century Group CEO. "GVB is one of the largest CBD suppliers globally, possessing innovative, vertically integrated cannabinoid product manufacturing technologies driving industry-leading scale and cost-efficiency. In addition to immediately expanding our hemp/cannabis franchise capabilities, GVB represents an opportunity to double our revenue and internalize a comprehensive contract manufacturing and extraction platform which can be used to directly and exclusively monetize our differentiated and proprietary hemp/cannabis plant genetics and intellectual property. We are enthusiastic to begin working with the highly regarded and very experienced management team at GVB."

"We are excited to combine with 22nd Century group, pairing our production and manufacturing capabilities together with the best hemp/cannabis plant science in the world," said Phillip Swindells, GVB CEO. "Since 2017, we have built a loyal customer base and continue to add new, rapidly growing customers as demand in our industry accelerates. We sold more than five billion doses of CBD in 2021, and we look forward to further scaling our business as a part of 22nd Century's comprehensive platform."

GVB is an operator with an estimated 15% share of the hemp-derived active ingredients market. The company is also a supplier to CBD and cannabinoid brands Cookies, Nuleaf and Canaxis Pharma. GVB's formulation capabilities and GMP-certified facilities are uniquely suited to manufacture vastly improved pharmaceutical and consumer goods products that leverage and monetize 22nd Century's proprietary plant genetics and research capabilities.

GVB is also well-positioned to lead international expansion, including multiple joint ventures in Europe to co-develop and co-own processing and distribution companies aligned to market needs. GVB currently has offices in the United Kingdom and Brussels.

BRENTWOOD BAY, British Columbia, May 16, 2022 — PRESS RELEASE —Neudorff North America announced that the U.S. Environmental Protection Agency has approved its Finalsan Herbicidal Soap for the use in hemp.

Finalsan is a fast-acting, non-staining, non-selective weed, grass, algae and moss killer that works within hours. It can be used any time of the year, even in cool weather, and leaves no harmful residue in the soil. It is OMRI Listed, thus suitable for organic production.

“This label addition allows us to make Finalsan available to farmers licensed to grow hemp on nearly 500,000 acres in the U.S.,” said Cam Wilson, Neudorff North America president. “Finalsan delivers unparalleled performance against pests listed on its label.”

Headquartered in Brentwood Bay, British Columbia, Canada, Neudorff North America provides high-efficacy, low-risk plant protection products. More information is available at neudorffpro.com.

BOCA RATON, Fla., May 16, 2022 (GLOBE NEWSWIRE) -- PRESS RELEASE -- Jushi Holdings Inc., a vertically integrated, multi-state cannabis operator, launched the company’s first line of solventless live rosin extracts by its award-winning brand The Lab, famous for delivering high-quality, precision vape products and concentrates.

The new top-shelf product line, produced purely from premium flower and extracted simply with ice and water, includes a 0.5g vape extract cartridge available now and 1g jarred concentrates coming soon for purchase exclusively at BEYOND / HELLO store locations in Pennsylvania under the name, The Lab Solventless Live RSN. In addition, throughout the summer, it is expected to launch at the company’s locations in Massachusetts, Nevada and Virginia, pending regulatory approvals.

“Consumer demand for live rosin cartridges and concentrates is on the rise,” said Jushi Chief Executive Officer, Chairman and Founder Jim Cacioppo. “Forged solely by the forces of nature, The Lab Solventless Live Rosin line captures the essence of whole premium flower, sets a new standard for quality in this fast-growing cannabis category, and brings customers some of the purest cannabis products available on the market today.”

Cacioppo went on to say, “Solventless products represent the pinnacle of extraction, as they capture the fullest expression of cannabinoids, terpenes, and flavonoids unique to each cultivar in concentrated form. Initially a niche category confined to dabbable concentrates, the demand for solventless is on the rise and there is a growing presence of solventless vapes and edibles with solventless inputs in markets throughout the country. Using some of the most innovative proprietary extraction technologies, we look forward to continuing to introduce new cannabis products that raise the bar across all product categories.”

The Lab Solventless Live Rosin expands Jushi’s suite of other branded cannabis products, including The Bank, Sèchè and Tasteology, and is formulated using premium flower, which is freshly frozen to preserve the plant’s best qualities. The cannabinoid-rich trichomes are isolated and gradually extracted using a proprietary flash-freezing and ice-water gentle extraction process, specifically designed to capture the plant’s coveted cannabinoids, terpenes, and flavonoids. This cannabinoid-rich mixture is then dried and pressed using heat and pressure to produce some of the purest, most sought-after forms of concentrate.

CHICAGO, May 16, 2022 – PRESS RELEASE – Verano Holdings Corp., a leading multistate cannabis company, announced the launch of mobile applications for the company’s flagship Zen Leaf and MÜV dispensaries, unlocking an additional digital channel for shoppers to order cannabis products and access exclusive rewards across a total of 71 dispensaries in seven states. Both the Zen Leaf and MÜV mobile applications boast rewards programs and exclusive deals that provide a superior shopping experience for patients and adult-use customers alike.

The Zen Leaf and MÜV mobile applications offer a robust suite of conveniences and exclusive offerings for patients and adult-use customers through comprehensive rewards programs that include:

“Since Verano’s inception, we’ve taken pride in fostering an exceptional environment for our guests by ensuring that customer care, convenience, accessibility, and first-class service are perpetual elements of our shoppers’ experience,” Verano founder and CEO George Archos said. “Offering our Zen Leaf and MÜV mobile applications is a natural extension of our customer-first mindset, and we’re thrilled to deliver this additional channel for our valued guests to access our suite of premium products and exclusive rewards from their preferred devices.”

Adults 21 and older can download the Zen Leaf and MÜV applications in the Google Play or Apple App stores. For more information on Zen Leaf and MÜV products, including individual store hours and online ordering, visit zenleafdispensaries.com and muvfl.com.

CHICAGO, May, 16, 2022 – PRESS RELEASE – Cresco Labs Inc. and Columbia Care Inc. announced the expiration of the 30-day waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) in connection with Cresco Labs’ previously announced proposed acquisition of Columbia Care.

RELATED: Federal HSR Reviews Slow Down Big Cannabis Acquisition Deals

“Completion of the HSR milestone is a major step towards closing the acquisition of Columbia Care. We’ve been concurrently working on our divestiture process and working with our state regulators to align with our previously disclosed estimated closing timeline of year-end,” Cresco Labs CEO Charles Bachtell said. “With this acquisition, we will be able to leverage our bestselling cannabis portfolio1 across the most exciting footprint in cannabis and further develop our leading positions with exposure to all 10 of the largest projected revenue states in 2025, according to BDSA.”

RELATED: Cresco Labs Targets $2B Acquisition of Columbia Care

On March 23, 2022, Cresco Labs announced the execution of a definitive arrangement agreement to acquire all of the issued and outstanding shares of Columbia Care. Details of the Agreement can be found [here]. The closing of the transaction remains subject to the satisfaction of all remaining closing conditions in the agreement, including the Columbia Care shareholder vote. Both companies continue to work toward obtaining all required regulatory approvals.

1 Cresco, as a standalone entity holds the No. 1 position in flower, vape and concentrates according to BDSA

In the latest revision of his proposed 2022-2023 state budget announced May 13, California Gov. Gavin Newsom aims to address major concerns from cannabis industry stakeholders.

For one, Newsom’s proposed budget for the fiscal year beginning July 1, 2022, proposes setting the cultivation tax rate at zero beginning that day.

RELATED: New Study Finds Keeping or Eliminating California’s Cannabis Cultivation Tax Yield Similar Revenues

The revised budget proposes “[s]hifting the point of collection and remittance for excise tax from distribution to retail on January 1, 2023, maintaining a 15 percent excise tax rate.”

Additionally, “Allocation 3 funding for youth education/intervention/treatment, environmental restoration, and state and local law enforcement programs” would be set at a baseline of $670 million annually for three years. The enacted budget for Allocation 3 funding in the 2021-2022 fiscal year was $129.1 million.

Per the revised budget proposal, “Up to $150 million one-time General Fund is available as needed through 2025-26 to backfill Allocation 3 funding, along with the authority to increase the excise tax rate through 2024-25 if tax revenues fall below the baseline for Allocation 3.”

Ohioans hoping to voice their opinions on legalizing adult-use cannabis via this election cycle will have to wait until next year.

Ballot initiative organizers from the Coalition to Regulate Marijuana Like Alcohol (CRMLA) announced May 13 they will suspend their 2022 campaign and aim for 2023 instead, The Cincinnati Enquirer first reported.

That decision comes two weeks after CRMLA legalization advocates filed a lawsuit against Ohio House Speaker Bob Cupp, R-Lima, and Senate President Matt Huffman, R-Lima, claiming the GOP leaders were trying to block their 2022 ballot effort on a signature-gathering technicality.

RELATED: Ohio Cannabis Advocates File Lawsuit Against Lawmakers For Attempt to Block 2022 Initiative

In short, CRMLA submitted 206,943 signatures to Ohio Secretary of State Frank LaRose’s office ahead of a Jan. 3 deadline. But LaRose, who was also named a defendant in the lawsuit, announced his office rejected more than 87,000 of those signatures, bringing CRMLA’s efforts short of meeting the roughly 133,000 valid signatures required to put its statute before the General Assembly for consideration.

CRMLA officials then turned in additional signatures Jan. 13 to meet that required benchmark—LaRose certified those extra signatures Jan. 28. But GOP leaders questioned the validity of the additional signatures, since they were turned in after the Jan. 3 deadline, the lawsuit claimed.

Delaware Gov. John Carney has expressed opposition to legalizing adult-use cannabis, but the democratic executive’s resistance might not matter—at least when it comes to possession.

That’s because legislation to legalize the possession of up to 1 ounce of cannabis for adults 21 and older got the thumbs up from the state Senate May 12, when the body’s members voted, 13-7, to send the bill to Carney’s desk.

The legislation, House Bill 371, also cleared the House on a 26-14 vote May 5, meaning each chamber showed the three-fifths majority support necessary to override a possible veto from the governor, who has 10 days to review the legislation.

Following the Senate’s passage, Carney’s Communications Director Emily David Hershman did not say whether the governor would veto the bill, The Associated Press reported.

“We’ll review the bill, but the governor’s position hasn’t changed,” Hershman said after Thursday’s vote.

Sponsored by Democratic Rep. Ed Osienski, H.B 371 specifically adds a provision to the state’s Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of cannabis between those 21 and older, as long as no money is involved in the transfer.

After years of civil litigation, U.S. Customs and Border Patrol has relented in federal court: No, participating in the legal Canadian cannabis industry will not bar you from entry to the U.S.

This was a hard-won admission, however, given the long-running back-and-forth between Seattle law firm Davis Wright Tremaine and the attorneys for CBP. And the delay did not come without cost. Numerous Canadian citizens had been barred entry to the U.S., dating back to 2018, due to a vague and penalizing policy focused solely on their employment within the legal cannabis space.

Davis Wright Tremaine’s lawsuit set out in 2019 to identify that very policy. Where was it recorded? What did it really say? Who had authorized it? Cannabis Business Times, in fact, filed a similar FOIA request for those records on May 7, 2018. As of this writing, that request remains “under agency review.” 

But as the years wore on, the Davis Wright Tremaine lawsuit’s civil docket redounded again and again to unclear responses from CBP. The ongoing question, according to Judge Ricardo Martinez, was just how thoroughly CBP was searching its own internal records for a trace of this policy. As Martinez wrote in 2020: “On first look, and afforded the presumption of good faith, CBP's evidence appears to paint a clear picture of a reasonable and comprehensive response to Plaintiff's requests. However, the details are far hazier. Drawing reasonable inferences in favor of Plaintiff, the Court is left with too many questions to find that CBP's search was reasonable and adequate as a matter of law. First, CBP has not provided adequate detail of its search at almost every level.” 

This debate over the physical search for CBP’s own internal records lasted several years, cementing the skepticism that brought Davis Wright Tremaine to file the lawsuit in the first place.

“DWT doubted that the agency's position had any basis in law or that the agency was using its enforcement powers in a permissible way,” according to an update published by the firm. “Agencies like CBP lack the authority to make new law or issue decisions regarding the official U.S. response to changes in foreign law.