MjLink Cannabis Business News and Press

SANTA FE, N.M., Oct. 13, 2020 (GLOBE NEWSWIRE) -- PRESS RELEASE -- Ultra Health, a New Mexico cannabis company, has successfully filed a Writ of Mandamus against the New Mexico Department of Health (NMDOH) asking the court to rescind an NMDOH mandate that added additional requirements for reciprocal patients to participate in the New Mexico Medical Cannabis Program.

Santa Fe District Court Judge Matthew Wilson prepared the Writ and signed it on Oct. 13, 2020, invalidating the NMDOH mandate and Emergency Rule that attempted to disallow qualified reciprocal participants from accessing New Mexico’s Medical Cannabis Program.

“Neither the Legislature, by statute, nor the DOH, by rule, required that a reciprocal participant’s government-issued identification and medical cannabis proof of authorization be issued by the jurisdiction where the participant lives, or that the reciprocal participant must produce a medical cannabis card as the only acceptable proof of authorization in order to obtain reciprocal admission into the New Mexico medical cannabis program,” Judge Wilson wrote in the Writ.

Moreover, Judge Wilson found that the Emergency Rule that was filed by NMDOH on Oct. 8, the day before the scheduled Writ hearing on Oct. 9, is unenforceable.

“By the term ‘imminent peril’ or ‘danger’ is meant a place where there is certain danger – not a place where there is just a mere possibility of injury occurring … The DOH’s justification for their emergency rule is inadequate,” Judge Wilson continued. “As a result, the DOH is in violation of the State Rules Act and the emergency rule is unenforceable.”

A new campaign has launched in New Zealand in support of the country’s cannabis referendum, according to a Radio New Zealand report.

The nationwide poster campaign features 60 New Zealanders, the news outlet reported, including Dame Diane Robertson, executive director of the New Zealand Data Trust and the former Auckland Mission chief executive.

New Zealand published legislation in May to legalize adult-use cannabis, and New Zealanders were originally slated to vote on the proposal in September, although the general election has been moved to Oct. 17, according to U.S. News & World Report.

If the referendum passes, New Zealand will be the third country in the world to legalize adult-use cannabis, following Uruguay and Canada, the news outlet reported.

Colorado Gov. Jared Polis has announced plans to pardon 2,732 low-level cannabis possession convictions through an executive order on Oct. 1, according to The Denver Post.

The move comes after the passage of House Bill 1424, which allows the governor to pardon convictions involving the possession of up to 2 ounces of cannabis, which is the current legal limit for those registered in Colorado’s medical cannabis program, the news outlet reported.

The pardon will also apply to convictions in state courts through 2012 that involve up to 1 ounce, which aligns with the adult-use cannabis law that voters approved in 2012, according to The Denver Post.

The governor’s office worked with the Colorado Bureau of Investigation to identify eligible convictions, the news outlet reported, and those eligible will not have to apply to have the convictions pardoned.

Although the pardon will not expunge or seal the records associated with the convictions, the convictions will be removed from individuals’ public records and will not show up in background checks conducted by the public, according to The Denver Post. The convictions will still appear in background checks conducted by law enforcement, but will have a note regarding the pardon, the news outlet reported.

SMITHS FALLS, ON and NEW YORK, Oct. 1, 2020 /CNW/ - PRESS RELEASE - Canopy Growth Corporation and Acreage Holdings, Inc. announced today that following the implementation of their amended arrangement, Acreage has developed a plan to market Canopy Growth's diverse beverage portfolio in the United States. 

Leading with legal adult-use markets in Illinois and California, Acreage anticipates launching Canopy Growth's select, sessionable THC beverage formulations in summer 2021. In addition to selling products in its own dispensaries, Acreage will access existing distribution channels through strategic corporate relationships.

"We have had an incredibly successful introduction into the Canadian cannabis-infused beverage industry with over 1.7 million cans of our THC-infused RTD beverages, like Tweed's Houndstooth & Soda and Bakerstreet & Ginger sold to date," shared Canopy Growth CEO David Klein. "We introduced a new product category to cannabis consumers that we knew had the potential to disrupt one of the most mature industries and since launching in Canada, Canopy Growth now owns 5 of the top 6 SKUs in the beverage category with a 74% market share. We are excited for Canopy's beverages to be introduced to the U.S. market next summer."

"We see THC-infused beverages as a game-changer in U.S. cannabis, and we are excited to launch Canopy Growth's unique beverage offerings to our core markets offering the greatest growth potential next year," said Bill Van Faasen, interim CEO of Acreage Holdings. "We are already working on our beverage production capabilities, and look forward to tapping the wealth of experience and research Canopy can offer following its successful entry in the category last year."

The companies look forward to bringing a sessionable infused beverage offering to U.S. consumers that will more closely liken itself to current beverage-alcohol serving sizes.

Helping Texans access the benefits of medical cannabis is an important goal for Surterra Texas, one of the state’s vertically integrated medical cannabis licensees, and the company has made strides lately with its efforts to bring telehealth services and cannabis-infused lozenges to the state’s patient base.

Texas’ massive size, as well as its requirement that doctors in the medical cannabis program be board-certified specialists, make it challenging for patients to find and visit a physician who can prescribe medical cannabis, according to Surterra Texas President Marcus Ruark.

This led the company to partner with Heally to bring telehealth services to patients across the state to help them see a doctor and potentially get a prescription for medical cannabis from the comfort of their own homes.

“Obviously, that’s very helpful in a large state like Texas, but it’s also helpful in these COVID times,” Ruark tells Cannabis Business Times and Cannabis Dispensary. “Anything we can do to make things easier for patients is a win for Texas.”

The telehealth services have been well-received by both patients and doctors, he adds, and the Texas Department of Public Safety (DPS), which regulates the state’s medical cannabis program, has been very supportive of telemedicine.

West Coast wildfires in 2020 have killed at least 40 people, burned over 5 million acres of land and leveled more than 7,000 buildings, according to The New York Times. Fatalities from the smoke number in the thousands, the Associated Press reports.

Cannabis industry entrepreneurs’ and workers’ livelihoods have not been spared, with blazes reaching hemp farms and state-legal cannabis grows and dispensaries in California, Washington and Oregon. And when wildfires surround a grow—even if they’re miles away—smoke, soot and ash can mar product quality.

The Oregon Liquor Control Commission (OLCC) has been monitoring the ongoing crisis in that state. Mark Pettinger, spokesman for the OLCC, told Cannabis Business Times and Cannabis Dispensary that as of Sept. 29, the agency has confirmed that four fires have destroyed 12 Oregon businesses. Those are:

On Sept. 15, fire officials said the Almeda Fire had been completely contained, according to The Oregonian. The South Obenchain Fire was 96% contained as of Sept. 29, per KMVU Fox 26 Medford.

On Sept. 28, Oregon Public Broadcasting (OPB) stated, “The Beachie Creek, Archie Creek, and Holiday Farm fires are all over 55% contained, and almost all of the uncontained areas are far away from where people live. The Riverside Fire remains just 37% contained, but officials say there’s little chance the fire will grow in the next few days.”

OPB also reported that fire officials have seen hotspots from the Slater Fire, which is active in Oregon and California, diminish.

CALIFORNIA:  The Bureau of Cannabis Control and California Department of Public Health (CDPH) announced today the filing of a complaint seeking civil penalties from Vertical Bliss, Inc. also known as Kushy Punch and related people for unlicensed commercial cannabis activity. The complaint was filed on September 23, 2020 by the California Office of the Attorney Read the full article...

CannX 2020 Virtual Conference, 26 October 2020 Online ISRAEL:  CannX has proven itself time and time again as the central meeting point for exploring the latest developments in medical cannabis. With top quality of the conference program and the leading international speakers, CannX Virtual 2020 will provide the latest in scientific research, agricultural practices and Read the full article...

Arkansas’ medical cannabis sales have surpassed 24,000 pounds of product, according to a KARK.com report, with the state’s patients spending $154 million on medical cannabis since sales launched in May 2019.

The state has 83,779 patients, the news outlet reported, with 29 dispensaries currently open and eight more working toward becoming operational.

Earlier this month, dispensaries’ average daily sales reached $600,000.

The University of Montana’s Bureau of Business and Economic Research released a study earlier this month estimating that a legal cannabis market in the state could generate between $43.4 million and $52 million in annual tax revenue, according to an NBC Montana report.

The figures are based on a 20% tax on legal cannabis sales that is included in Initiative 190, a measure on Montana’s 2020 ballot that would legalize adult-use cannabis in the state.

RELATED: Montana Legalization Campaign Looks Ahead to November Ballot Issue

New Approach Montana, the campaign behind the ballot initiative, submitted enough signatures in June to place two complementary measures on this year’s ballot. I-90 is a statutory initiative that would legalize, regulate and tax cannabis, and CI-118 is a constitutional initiative that would set the legal age for purchasing, possessing and consuming cannabis at 21.

The Montana Secretary of State certified both measures for the November ballot in August, and the Governor’s Office of Budget and Program Planning estimated at that time that legal cannabis could generate $3.5 million in tax revenue in fiscal year 2022, with the market growing to $38.5 million in 2025, according to a Great Falls Tribune report.

Just two weeks ago, the Nebraska Supreme Court ruled that a 2020 ballot initiative to legalize medical cannabis violates the single subject rule as outlined in the state constitution and could not go before voters this November. Advocates who put forward the measure, gathered the required signatures and received approval from the Nebraska secretary of state have announced they are already working on a constitutional amendment for voters to decide on in 2022.

Nebraskans for Medical Marijuana filed new petition language with Secretary of State Robert Evnen Sept. 28 that the committee intends to qualify for the November 2022 ballot in Nebraska, according to a press release. State Senators Anna Wishart and Adam Morfeld, co-chairs of Nebraskans for Medical Marijuana, are co-sponsoring the initiative, that reads, “Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes.”

RELATED: Nebraskans For Medical Marijuana Meets Signature Requirement for 2020 Ballot Initiative

The 2020 ballot language, which would have amended the state constitution, would have both legalized possession, consumption and the purchase of cannabis for individuals with serious medical conditions if recommended by a licensed physician or nurse practitioner, and provided a means to access it by authorizing private entities to cultivate, process, produce, test and sell medical cannabis products, among other details.

"After carefully reviewing the opinion from the five [Nebraska] Supreme Court judges who ruled to remove the 2020 initiative from the ballot, Nebraskans for Medical Marijuana decided to take the route of the successful effort of casino gaming supporters and file a simple, one-sentence constitutional right that will then be followed with trailing statutory initiatives to set up a safe and secure medical cannabis system in Nebraska," the group wrote in the press release.

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In 1971, philosopher John Rawls came up with the “Veil of Ignorance.” The concept is pretty simple: You start with the idea that you know nothing of your circumstances at birth—wealth, gender, education, etc.—and then ask yourself if you would be ok with the current social contract in which you live.

Let’s conduct this thought experiment for the current cannabis industry: Imagine you do not know anything about your current situation—capital, abilities, partners, etc. Would you sign up to make a go of it in today’s cannabis industry with its poorly implemented regulations, federal illegality, non-experts peddling their expertise, and the still thriving illicit market? Probably not. But, given you are reading this you are most likely in the cannabis business (as we are), and the best course forward is to deal with the cannabis world as it is, not as you want it to be.

Here are the six lessons we wish we had learned prior to our entrance into the cannabis industry in hopes that they might lead you to better outcomes.

1. Be wary of “experts.”

The order in which you learn your hard-knock lessons depends on your circumstances. Sooner or later, you learn not to trust experts with steering your business decisions. Whether lawyers, accountants, consultants, or your stoner uncle, do not take advice without a heavy dose of skepticism. Take the advice as input into your decision process. Ask around for multiple opinions. Even on a hard and fast legal matter on which you are being advised has no maneuvering room, allow for the possibility the expert might be wrong.

In our experience, there are no experts in legal cannabis, just a bunch of people in this newly created legal industry with differing levels of ignorance. Illicit-market operators going legit have a lot to offer, but keep in mind they might not have any experience operating in a regulated environment. Additionally, newly minted experts, as a rule, do not have significant expertise in newly morphing industries.

Hawaii Gov. David Ige has signed legislation into law that allows the sale of cannabis edibles in the state, according to NORML.

The bill, H.B. 2097, cleared the legislature in July, and would authorize the state’s eight medical cannabis licensees to produce and sell cannabis-infused edible products for registered patients.

The new law takes effect Jan. 1, 2021, NORML reported, and the Hawaii Department of Health will oversee the creation of rules to regulate the production, labeling and packaging of edible products.

The U.S. House has again included the Secure and Fair Enforcement (SAFE) Banking Act in its latest COVID-19 relief package, as reported by NORML.

The newly proposed legislation is an updated version of The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, which the House initially passed in May and which also included the SAFE Banking provisions.

The SAFE Banking Act would allow state-legal cannabis businesses to work with banks and other financial institutions, and was passed as a standalone bill in the House last fall.

“The inclusion of the SAFE Banking Act in the HEROES 2.0 package is a positive development,” said NORML Political Director Justin Strekal in a public statement. “In the majority of states that regulate the marijuana marketplace, cannabis businesses have been deemed essential during this pandemic. Unfortunately, at the federal level, prohibition compounds the problems that this emerging industry faces. Small cannabis businesses in particular are facing tough economic times and access to traditional financial tools will help ensure that they can weather this pandemic."

Portland, Maine, received 43 cannabis dispensary applications last month for the city’s 20 available retail licenses, but a preliminary staff review has found that a dozen of the applicants could be disqualified for not meeting basic requirements such as paying city taxes and fees on time, according to the Portland Press Herald.

The 12 applicants could be disqualified for not having a conditional state cannabis license, being more than 30 days late on paying a local tax or fee in the last five years, having unresolved land-use violations, or planning to operate a dispensary too close to a school or in the wrong zoning district, the news outlet reported.

Portland issued pre-denial letters to the disqualified applicants Sept. 25, according to the Portland Press Herald, and the applicants have 10 days to challenge the disqualification.

The city is still deciding how or if it will be able to use its scoring matrix to award the 20 dispensary licenses, the news outlet reported.

Although Portland approved its local cannabis ordinance in May, its residency bonus for license applicants who have lived in Maine for at least four years was challenged in court by non-local cannabis operator Wellness Connection of Maine, and a federal judge ruled last month that Portland cannot prioritize local businesses in its licensing process.

WASHINGTON: The Liquor and Cannabis Board (LCB) wants to hear from people in communities of color regarding experiences and concerns when it comes to working within the cannabis system. Please join LCB Member Ollie Garrett and members of the LCB’s executive leadership for a virtual community meeting. In order to gain a broad perspective that Read the full article...

Michigan issued its first cannabis microbusiness license this month to Onaway’s Sticky Bush Farms, which is now preparing to transition from the state’s caregiver market to adult-use sales.

The vertically integrated license, meant for smaller craft operators, will allow the company to grow up to 150 plants that can be processed into oil, edibles and other products for sale in an adult-use storefront.

“The microbusiness license allows us to be able to do pretty much everything under one roof,” Sticky Bush Farms owner Ben Kolasa tells Cannabis Business Times and Cannabis Dispensary, adding that the company will grow, process and sell its cannabis in the same building it has been using to serve the caregiver market.

Licensed microbusinesses must be self-contained and cannot acquire cannabis products from third-party cultivators, processors or retailers. Likewise, the licensees cannot sell any products to other licensed businesses along the supply chain.

Sticky Bush Farms plans to bring flower, concentrates, edibles and rosins to Michigan’s adult-use market, and Kolasa sees vertical integration as a key advantage.

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The Missouri Department of Health and Senior Services (DHSS) announced Sept. 26 that a medical cannabis testing facility passed its commencement inspection, according to a press release.

Now that a testing facility has received final approval, the state’s medical cannabis supply chain is fully operational with cultivation, dispensary and testing facilities.

“We appreciate how hard these businesses have worked to become operational,” DHSS Director of the Section for Medical Marijuana Regulation Lyndall Fraker said in a public statement. “These facilities have made it through a demanding review, and we look forward to their success in providing safe access to medical marijuana in Missouri.”

Medical cannabis sales are expected to launch soon, according to the announcement.

“The implementation of this program has been efficient yet thorough,” DHSS Director Dr. Randall Williams said in a public statement. “Much has been said in recent months of how rigorous our compliance processes are, and Missourians should be assured that this industry will be well-regulated, just as Article XIV and Missouri voters envisioned."