Yesterday, the Mexican Supreme Court ruled several provisions unconstitutional in the General Health Law and the Federal Criminal Code, because they prohibit cultivation of ≤1% THC cannabis for non-medical or research purposes. The court ruled that unconstitutionality derives from the provisions violating the protected freedom to work and to trade.
The ruling followed the court’s issuance in June 2021 of a General Declaration of Unconstitutionality in relation to the General Health Law’s prohibition on individual adult (recreational) cannabis use, which legalized activities related to individual adult use of cannabis, such as growing for personal use and consumption.
In yesterday’s decision, the Supreme Court unanimously agreed that provisions prohibiting non-medical/non-research cultivation were ‘unnecessary’ and ‘disproportionate’ for activities involving products containing ≤1% THC (THC is the psychotropic component of cannabis and still largely illegal in Mexico). The Court reasoned these activities and products relate to industrial applications, which should not be deemed to affect public health and public order. The Court stated it believes it is possible to complete the commercialization process of ≤1% THC products through regulation, without having to resort to absolute prohibition.
Accordingly, the ruling allows for cannabis cultivation, as long as the plant will produce ≤1% THC concentrations, subject to monitoring, control and safety measures that will be imposed eventually by the National Commission for the Protection Against Sanitary Risks (COFEPRIS).
The importance of this ruling cannot be overstated: it opens the door to industrial hemp and hemp-CBD products, not just for medical, cosmetic or therapeutic purposes, but also for industrial applications for which Mexico already has value chains in place, such as auto parts, textiles and construction, among many others. It also fulfills our prediction that last June’s decision to authorize adult-use marijuana could have outsize effects on low-THC hemp. There is no doubt now that the position of the Court has been clear and consistent in relation to the cannabis industry, and yesterday’s ruling represents a second warning to lawmakers to catch up.
The judiciary has been leading the push to legalize the Mexican cannabis industry while lawmakers drag their feet. Yesterday’s ruling may motivate state legislatures to accelerate their passage of local hemp regulations. Indeed, as we reported a few months ago, many states legislatures are considering local hemp bills currently.
For cannabis business operators planning expansion into the Mexico market, these are exciting (and fast-moving) times. If you have not already developed a market entry strategy, including entity formation and trademark registration, see our post on “next steps”. Now is the time.
A New York lawmaker has proposed legislation that would extend the benefits of the state’s cannabis social equity program to members of the transgender and nonbinary communities.
The Marijuana Regulation and Taxation Act (MRTA) passed by New York lawmakers in March includes social and economic equity provisions designed to give licensing priority for the state’s upcoming adult-use cannabis market to members of communities disproportionately harmed by the War on Drugs, minority-owned businesses, women-owned businesses and other marginalized and under-represented groups.
The legislation does not specifically mention transgender or nonbinary individuals, guidelines that unintentionally force such individuals to choose “between their gender identity and receiving priority for a license,” according to a bill introduced recently by Democratic New York state Senator Jeremy Cooney. For example, a nonbinary or transgender person assigned the female sex at birth would have to misgender themselves to qualify for social and economic equity benefits.
“The MRTA was crafted with a focus on equity at all stages of implementation in the new recreational adult-use cannabis market. I am proud to sponsor legislation that will build upon that foundation to include members of the transgender and nonbinary communities,” Cooney said in a press release. “No New Yorker should have to choose between their identity and economic opportunity. I look forward to creating a more inclusive new cannabis market for members of the LGTBQ+ community.”
Under Cooney’s proposal, Senate Bill 7157, the MRTA would be amended to explicitly include transgender and nonbinary persons in the provisions extending licensing priority. The legislation defines a transgender or binary person as “any person who has a gender identity or expression different from the sex assigned to that individual at birth.”
“This legislation would help to prevent New Yorkers who are transgender or nonbinary from being denied this economic opportunity because they live as their authentic selves. In addition, it recognizes that these New Yorkers suffer financially due to social and systemic bias, and that steps must be taken to mitigate that harm,” Kevin Barry, president of the Greater Rochester LGBTQ+ Political Caucus, said of Cooney’s bill. “While there is a long way to go, this bill is a well thought step toward equity for persons who are transgender or nonbinary. It is critical that lawmakers consider this part of their constituency whenever they create or vote on legislation.”
Advocates Support Proposal
Rachel Leavy, the owner of Infused Events Rochester, applauded the bill from Cooney, who has been a vocal supporter of legalizing recreational marijuana and protecting the other-than-heterosexual community.
“As an activist in both the cannabis and LGBTQIA+ worlds, I’m thrilled to see legislation intersecting both,” Leavy said. “If this bill passes, I will have the chance to participate in the cannabis industry and carve out a space for the queer community, providing safe access to cannabis, career opportunities, and continued outreach. This bill is just the start of something much larger to address the long-overdue representation of trans and nonbinary folks like myself.”
Amanda Babine, executive director of the social and political advocacy group Equality New York, said that the organization “was proud to support the Marijuana Regulation and Taxation Act.”
“Since the passage, we have focused on ways we can ensure the rollout of this legislation is truly equitable,” Babine added. “We commend Senator Cooney for introducing legislation that will ensure the Transgender, Gender Non-Conforming, & Non-Binary (TGNCNB) community be included in the social and economic equity plan. EQNY was proud to endorse such a strong ally like Senator Cooney.”
S. 7517 was introduced in the New York Senate by Cooney on November 12 and has been referred to the Senate Rules Committee for consideration. Senator Alessandra Biaggi, also a Democrat, has signed on as a co-sponsor of the legislation. The measure will take effect immediately if it is passed by the legislature and signed into law by New York Governor Kathy Hochul.
A week after the state party announced a full-fledged push to legalize cannabis in Indiana, a Democratic lawmaker there is ready to stump for pot’s medical benefits.
Indiana State Rep. Sue Errington announced this week that she will host “a Community Talking Circle” in her hometown of Muncie next Monday, December 6, “to hear public feedback on legalizing medical cannabis in Indiana.”
The event comes on the heels of the Indiana Democratic Party announcement last month that it was throwing “its full support for the effort to legalize recreational cannabis across the state,” and that its members would aim to pass the new cannabis law in the upcoming legislative session.
“Legalizing marijuana in some form is supported by about 80-percent of Hoosiers and would provide the opportunity to create an additional revenue stream for the state, create good-paying jobs, develop a long-term cash crop for Indiana’s ag and business communities, provide medicinal opportunities for people like the state’s veterans and seniors, and could start the process of expunging records for simple possession across the state,” the party announced in a statement at the time.
The party cited a recent poll showing that 78 percent of Indianans support cannabis legalization, and pointed to the successful legalization efforts in nearby Illinois and Michigan as a proof of concept.
In the announcement, the state party said that Hoosiers are currently pouring “millions of dollars to Michigan and Illinois economies—where cannabis is legalized,” and that ending prohibition in Indiana would make it so the state has “a guaranteed cash crop in the long-term for the state’s businesses and farming communities, creating a revenue stream for the General Assembly to use in future sessions.”
“Hoosiers have seen the impact that recreational and medicinal cannabis use has made on the states around us, and not only are they contributing to neighboring states’ economies, Indiana is now on the verge of losing out altogether. The Republican supermajority at the statehouse is losing its economic common sense if they do not join Democrats this session in making this opportunity a winner for the Hoosier State,” said Mike Schmuhl, the chairman of the Indiana Democratic Party.
The announcement from Hoosier State Democrats was made the day before “Organization Day,” a symbolic opening day of the legislative calendar when legislators meet and make preparations. The legislative session is slated to begin in January.
Errington said she encourages “anyone interested, whether in support or opposition of legalization, to attend our Community Talking Circle so that we can have a full, open conversation.”
“The General Assembly needs to hear your voice as we consider legalization in the upcoming legislative session,” she said.
The fight for cannabis reform has long been one of Errington’s biggest policy goals. On her campaign website, she lamented the thousands of cannabis arrests that occur annually in Indiana, saying that such enforcement came “at a huge financial cost to individuals and the state for a substance widely considered less harmful than alcohol.”
“Hoosiers suffering from pain and a variety of chronic illnesses should not be subject to arrest and incarceration for possessing cannabis, which is legally available in 33 other states and the District of Columbia,” Errington has stated on her website. “Nor should we continue to fill our prisons with people convicted of minor marijuana possession. The enforcement of marijuana laws falls heaviest on the young and minorities and has created egregious racial disparities in the prison population.”
In the press release promoting the Talking Circle, Errington noted that nearly 40 states have legalized medical cannabis, saying the “reality is that medical cannabis is becoming an accepted and preferred method of treatment throughout the country.”
“Medical cannabis is a safe, non-addictive alternative to opioids that could benefit Hoosiers who live with chronic pain and anxiety disorders, including our brave veterans who struggle with post-traumatic stress disorder,” Errington said. “Those who have sacrificed so much for our state deserve an effective treatment for their pain, rather than a potential criminal record.”
A Democratic lawmaker in Kentucky on Monday took the first legislative steps toward legalizing cannabis in the Bluegrass State.
State Rep. Nima Kulkarni, who represents Louisville, prefiled a pair of bills that would upend the way cannabis consumers are treated there.
The first bill would “would amend the state’s constitution, permitting Kentuckians 21 and older to possess, use, buy or sell up to one ounce of cannabis without criminal penalty. Kentuckians would also be allowed to have up to five plants for personal use,” local television station LEX 18 reported.
The other would “would have the legislature eliminate criminal penalties for possessing, cultivating, and/or selling small amounts of cannabis,” the station explained, and “would also remove cannabis accessories from the state’s drug-paraphernalia statutes.”
“I am sponsoring these bills for several reasons, any one of which should be enough for them to become law,” Kulkarni said in a statement that was reported on by local TV station WLKY. “First, current cannabis statutes have needlessly and tragically ruined many lives, especially people of color who have suffered because of unequal enforcement. Second, thousands of citizens, from cancer patients to veterans suffering from PTSD, should have the right to use something that gives them the mental and physical relief they deserve without relying on stronger, potentially addictive medicine. Third, cannabis de-criminalization would give the state a much-needed source of reliable revenue without raising current taxes a single cent. And, finally, polls have repeatedly shown a majority of Kentuckians backs de-criminalization and allowing cannabis to be used responsibly by adults.”
LEX 18 reported that Kulkarni’s proposed constitutional amendment legalizing cannabis “would need to be approved by three-fifths of the House and Senate during the upcoming 2022 legislative session, before going in front of voters next November.”
The state’s legislative session is scheduled to begin in January.
A poll last year found that 59 percent of Kentuckians are in favor of legalizing cannabis—a whopping 20-point spike in merely seven years.
But that doesn’t mean that Kulkarni’s two bills are a sure-thing, particularly given the general assembly’s recent history.
The state’s House of Representatives passed a bill in February 2020 legalizing medical cannabis treatment, but the legislation fizzled out after the COVID-19 pandemic brought business to a standstill.
Kentucky Gov. Andy Beshear, a Democrat, urged lawmakers late last year to renew their efforts to get the bill over the line. As a gubernatorial candidate in 2019, Beshear had spoken out against harsh penalties, including prison time, for cannabis consumers.
Kulkarni’s moves on Monday harken back to former Democratic Kentucky Rep. Cluster Howard, who in 2019 also prefiled a bill that would have legalized marijuana use for adults aged 21 and older and decriminalized marijuana possession of less than an ounce. Howard’s bill also would have created a regulated market for the sale of cannabis.
“Other states have shown that legalizing cannabis for adult use is a win-win situation for everyone involved,” Howard said at the time. “It’s a major revenue generator. It frees up critical jail and prison space. It helps counteract the deadly opioid epidemic. And it gives farmers a major new cash crop. The longer we wait, the more we miss out on these benefits.”
There were more than 20,000 arrests for possession and sale of cannabis in Kentucky between 2014 and 2016.
The ACLU said last year that Black Kentuckians “are 9.4 times more likely than white Kentuckians to be arrested for marijuana possession, despite both groups having similar national marijuana use rates,” a rate that “is second only to Montana, where Black people are 9.6 times more likely to be arrested than white people.”
As a community, we’re way past the days of smoking out of cheap, poorly designed products that typically don’t last long. Acknowledge your worth and splurge on a luxurious gift that truly represents who you are. Embrace the lifestyle of sophisticated smoking.
As sophisticated smokers, it’s our responsibility to elevate the stigma surrounding cannabis. As motivated, professionally-minded individuals—it’s time to reflect that value. Part of that begins when we improve our smoking accessory selections for our next sesh.
High Times narrowed down some of the finest gifts for our upscale gift guide—suitable for sophisticated smokers.
Session Goods designer line of modern smoking accessories are the perfect gift for the cannabis enthusiast in your life—including yourself. Whether your favorite stoner is into sleek glass bongs, discrete, portable pipes, or classy, compact One Hitters there’s really something for everyone.
Session Goods Bongs are a thoughtful and simple gift for the cannabis lover in your life. Their design is award-winning, high quality, and customizable for just about every cannabis smokers’ style or taste.
Session Goods Pipes are stylish, compact, and perfect for those on the go. Each pipe comes with a silicone sleeve (in seven interchangeable colors) to protect your glass and bag while you’re out and about. Anyone that’s suffered from a broken pipe or ash in their bag knows that this gift idea is ingenious.
Session Goods One Hitters are classy and discrete. A One Hitter is the perfect little piece for that solo session or mini toke in between meals and watching holiday movies. This clever little thing can be packed with your favorite flower, hold a pre-rolled joint or used with the Session Bong—it’s an ideal stocking stuffer. Light up your tree this year with any one of Session’s designer smoking accessories.
Check out Session’s site for special discounts and customizable holiday bundles as the holidays get closer.
As this industry continues to elevate the game, it’s time for you to also step into your highest self. HELMET HEAD Smell Proof Bags will upgrade the way you store your stash. You’ll no longer have to worry about finding secret hiding spots, or use a tin box/shoebox to store your goodies. HELMET HEAD Smell Proof Bags come as advertised: store your favorite and most gassy strains in the bags with confidence that it will fully absorb all smells and keep your surroundings odor-free. These products give you the privacy protection you need at home, in your car and while traveling.
When it comes to quality and value, HELMET HEAD’s offerings stand above the competition. Here are some of the benefits:
100 Percent Smell Proof: Every bag features five layers of protection and is lined with a thick, activated carbon layer that absorbs and traps even the strongest of odors. Each bag is 100 percent smell proof tested and approved!
Combo Lock: Safety and privacy is important. The combination lock keeps kids, pets, and nosey roommates at bay.
Weatherproof: Having fresh herbs are an essential. The water repellent outer shells not only keeps your herbs dry, it will also protect your tech and accessories.
If you are in the market for smell proof bags, look no further. HELMET HEAD Bags are large enough for everyday use and durable enough to bring anywhere. Save yourself from those awkward looks in public and those uncomfortable comments of “what’s that smell?” Stay low-key by keeping odors under control.
Photo Courtesy of Lowell Advertising Product Photography
Born from countless hours of refining the art of the roll, Lowell Herb Co. is proud to share this limited release of pure, hand-rolled perfection. Made of 100 percent cannabis, the Hash Wrap contains no paper and no additives—the wrap itself is made out of fresh-pressed ice water bubble hash. Each Hash Wrap is hand-rolled by their experts and contains a glass tip for a clean, smooth draw every time. Every Hash Wrap contains a high THC percentage from 1G of hash fused and packed with 0.8g of flower. A limited release, stock up on these while you can!
The Brigata – Omerta Smell Proof Padded Duffle with Lock
Photo Courtesy of Dime Bags
The best gift for smoker-friendly glass protection is Dime Bags Omerta Brigata, a completely smell proof padded duffle that includes a three-digit combo lock. Available in three sizes (10”, 15”, & 17”), this carbon lined duffle hugs pipes, bongs, rigs and hookah with 360° protection and boasts a super soft and luxurious shed-proof velour interior with convenient padded pockets.
Regardless of residual bong water smells or stowing away a favorite strain in the secret pocket, this bag will keep that dank smell confined to the padded bag with no worries. Priceless pieces will be kept extra secure thanks to the zipper lock (with customizable code) to keep prying eyes out. The Brigata currently comes in three discreet bag colors: black, camo and green.
Customizing any Dime Bag with some personal flair is easy—add some art to the smell proof bag by switching out the Omerta Logo label with one of Dime Bags 100+ removable velcro patches.
No matter what style smoker, a Dime Bags Omerta Brigata is the perfect discreet, smell proof and lockable gift.
The Companion Collection, also known as “The Stoner Stocking Stuffer of the Year” is something you’re not going to want to miss. You’re a sophisticated smoker, so you already know all about terpenes, right? The Happiest Hour creates terpene-infused bevs with a higher purpose—to craft your cannabis experience! Whether you want to Intensify your high, Wake up, Calm down, Mend, or Sleep—enjoy before you partake to bring your flower to new heights.
Price: $20 – Use promo code HIGHTIMES to get $5 off your order
The cannabis being produced these days is immaculate. It’s beautiful, potent, and delicious, and anyone who considers themselves a purist truly values and savors the flavor of their buds. Enter the Pearl by Taste The Flower—this unique smoking piece was created to highlight the natural flavors of cannabis, for those who want to preserve the taste and integrity of high-quality flower. The pearl is an easy-to-clean, compact device made to deliver a smoke with untainted flavor and killer style. A sleek alternative to a traditional glass pipe, the body is made from organic vegetable ivory and topped with a smooth wooden mouthpiece. To use, simply open the top, pack with your favorite flower, light with the hemp wick and enjoy. The Pearl is handmade and vegan, fits in the palm of your hand, and is built to last—for the smokers who know the heartbreak of a shattered glass piece, the rugged strength of vegetable ivory means the Pearl will be a long-term addition to your smoking collection. It’s sexy, earthy and the perfect gift for your favorite smoker who appreciates the complexities of some perfect flower. The product can be purchased at www.tastetheflower.com.
Discover the new ritual of storing your 510 cartridges between uses with the TOQi 510 Cartridge Holder. This is the perfect accessory for the sophisticated smoker who likes to rotate their carts. Precision cut single aluminum blocks available in silver or gold, the TOQi Cartridge Holder holds up to six cartridges, blocking UV light from degrading the cannabis potency. Tuck the ergonomically designed holder away in a drawer or show those cartridges off. The TOQi Cartridge Holder keeps mouthpieces sanitary and pools oil and waxes at the bottom, where they’re meant to be, helping get every last drop. Just drop in to store and get ready for the next cartridge experience.
The perfect gift for every type of cannabis enthusiast on your list—from your puzzle-crazed friend with a penchant for fine art to the dispensary worker looking to up their knowledge.
HighArt 2022 Wall Calendar & Puzzle: A hilarious, cannabis-fueled parody of fine art available as both a 2022 Wall Calendar and a 1,000-piece jigsaw puzzle. High Art reimagines priceless masterpieces as if the artists and their subjects loved their weed (and who knows, maybe they did!).
A Woman’s Guide to Cannabis: A handbook to demystifying the world of weed, whether it’s being used for pain relief, a moment of calm, or a fit of giggles, written specifically for women looking to enhance their knowledge.
Gastro Obscura: Created by the ever-curious minds behind Atlas Obscura, this breathtaking guide transforms our sense of what people around the world eat and drink.
Got muscle pain from shoveling the snowy driveway, working out or a chronic condition? CBD Living Freeze is here to help. This best-selling cold therapy product infuses Broad Spectrum Nano CBD with menthol to soothe inflamed or painful muscles. CBD Living’s Proprietary Skin Retention Technology allows the CBD molecules to better penetrate the layers of the skin, and stay on the skin longer, for lasting relief.
CBD Living Freeze is available in both roll-on and airless pump styles, and in 300 mg, 750 mg, 1500 mg and 4500 mg strengths to tackle even the toughest pain.
This exclusive design was created by Sophie Lou Jacobsen for Tetra, the Smoking Accessories brand created and curated by the founder of Sight Unseen. The Valet is available exclusively from Tetra. The Valet provides a dedicated place to keep your vape products when not in use. At an angle that’s optimal for oil cartridge storage, the Valet can also be used to hold your phone, keep your iPad hands-free or as a beautiful place to display a book.
Get your Continuing Legal Education (CLE) credits for practicing attorneys during this event! Join Harris Bricken attorney, Vince Sliwoski as he provides forecasts for state cannabis programs. Registration is open to non-lawyers, as well.
California legalized commercial cannabis activity in 2016, and licensing began in January 2018. Now, the Department of Cannabis Control is completely in charge of the democratic experiment in the Golden State. Join Harris Bricken attorney, Hilary Bricken as she covers the overall commercial cannabis licensing, regulatory, transactional issues, and trends in California, and will include an update on the status of banking and providing financial services to cannabis businesses and cannabis ancillary businesses under federal and state laws.
Come join Harris Bricken attorney, Mason Marks for the launch of Chacruna’s Guide to the Religious Freedom Restoration Act (RFRA) and Best Practices for Psychedelic Plant Medicine Churches with experienced attorneys, religious leaders, researchers and activists. This Guide teaches churches using psychedelic plant medicines as sacrament how to understand protections offered under the RFRA.
Since 2010, Harris Bricken has advised cannabis businesses, investors, and entrepreneurs on all aspects of cannabis business mergers and acquisitions (M&A) in many states and even internationally. These transactions range from relatively simple license transfers to complex stock purchase agreements tied into ancillary agreements involving everything from personal services to real property. Join Harris Bricken attorneys Vince Sliwoski, Griffen Thorne, Nathalie Bougenies, and Hilary Bricken as they field questions on all aspects of buying and selling cannabis businesses during this FREE webinar.
This program will provide an overview of emerging drug therapies, including psilocybin, ketamine infusion clinics, MDMA and other psychedelic substances. Our panel of experts will address the results of recent elections and other developments related to psychedelic drugs and new drug therapies. We will look at the process and results for Measure 109 (psilocybin licensing) and Measure 110 (controlled substance decriminalization) in Oregon, as well as future efforts to decriminalize, protect and regulate psychedelic drug use. Join Harris Bricken attorneys, Vince Sliwoski and Griffen Thorne as they present a federal law overview of psychedelics during this event.
On April 30th, 2021, New York legalized recreational cannabis, effectively starting a new multibillion-dollar industry accessible to thousands of potentially interested parties. The time for cannabusiness development is now! Join Harris Bricken attorneys, Nathalie Bougenies and Simon Malinowski as they present during this event in New York.
