Bid To Get Legalization Initiative on Missouri Ballot ‘Isn’t Dead’ Yet

Amid growing speculation that activists may have fallen short in their bid to get a cannabis legalization question on this year’s ballot in Missouri, a top official in the state said this week that the outcome is far from sealed.

“I can’t say without any certainty whether it will make it or not. It is in no way certain that they will fail. This isn’t dead,” Missouri Secretary of State Jay Ashcroft told the St. Louis Post-Dispatch.

Ashcroft’s office is reviewing hundreds of thousands of signatures submitted by Legal Missouri 2022, the group vying to get the question on this year’s ballot. If it were to pass, the initiative would legalize cannabis for Missouri adults aged 21 and older and establish a state-regulated marijuana market. It would provide a path for individuals in the state previously convicted of nonviolent pot-related offenses to have their records expunged.

But first, it must qualify for the ballot, and to do that, organizers “need signatures from 8% of the registered voters in six of the state’s eight congressional districts,” according to the Post-Dispatch. (That amounts to about 170,000 signatures total.)

The Associated Press reported that Legal Missouri “collected nearly twice the required number of signatures by mid-April, and it turned in more than 385,000 signatures” in early May.

But signs of trouble emerged earlier this week. Local television station KFVS reported on Tuesday that organizers had gathered a sufficient number of signatures in four congressional districts, but the count in the other four could come down to the wire.

Ashcroft’s office will make a final call on whether the initiative qualifies by August 9.

In the meantime, those involved with Legal Missouri are holding out hope.

“The Legal Missouri 2022 campaign continues to work to ensure that every valid voter signature is counted properly, and is excited that Missouri voters will soon have their opportunity to decide for themselves,” the group’s campaign manager, John Payne, told the St. Louis Post-Dispatch.

“Our close review of voter signature totals submitted to the state by counties shows that we have more than enough signatures to qualify our citizens’ initiative for the November general election ballot — and that some counties, due to a reliance on temporary workers, mistakenly rejected thousands of valid voter signatures. To be clear, this is not to suggest or imply any wrongdoing on the part of counties,” Payne continued.

Ashcroft himself did not rule out that possibility.

“There have been times in the past, when we went back and checked, we’ve found enough signatures,” Ashcroft said, as quoted by the Post-Dispatch.

Payne and other supporters of the initiative believe that the state’s previous embrace of medical cannabis, and the subsequent launch of that program, bode well for its chances this November.

In 2018, a large majority of Missouri voters approved an initiative that legalized medical pot for qualifying patients.

“Missourians now have confidence in our state government’s ability to operate a new division of state government that would regulate marijuana,” Legal Missouri says on its website. “The Department of Health and Senior Services has effectively administered the new program and met all guidelines set out by the Missouri Constitution.”

In addition to legalizing marijuana for adults and setting the framework for a regulated market, the initiative would also extend the “amount of time that medical marijuana patient and caregiver ID cards are valid from one to three years while keeping that cost low ($25),” according to Legal Missouri’s website. It would also reduce the $100 fee for patients who grow their own cannabis by 50%.

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Another American Caught With Weed in Russia Sentenced to 14 Years in Prison

A United States citizen, teacher, and lecturer was slapped with 14 years of hard time in prison for a little bit of pot found in his luggage at an airport in Moscow, Russia. It’s the latest move in a series of harsh sentences dished out on Americans in the country, including WNBA star Brittney Griner.

On August 14, 2021, Marc Hilliard Fogel, then 60, was arrested at Sheremetyevo airport in Moscow when half an ounce of weed (approximately 14 grams) in various forms was discovered in his luggage. Fogel was approved by a doctor in the United States for medical cannabis for chronic pain following a series of serious surgeries.

The Fogels had been teaching abroad in places including Russia for years, but they were used to less security at that airport during previous flights. Something went terribly wrong, and Fogel told his wife he’d packed 14 vape carts and put some flower in a contact lens case. He thought he could get away with stashing some in his luggage for his trip back to Russia after a trip in the U.S. The Fogels were heading back to Moscow to celebrate Marc’s 10th year of teaching the children of U.S. diplomats.

Russian police discovered the weed, and he immediately knew the country doesn’t play games when it comes to cannabis, especially when it’s a U.S. citizen. But Fogel assumed he’d be looking at deportation, or some other punishment—not hard time.

Fogel has already spent 11 months in various Russian detainment centers for his “crime.” But hearing the judge say “14 years” was a crushing moment for Fogel and his family, The Washington Post reports.

“There’s a sinking feeling in the pit of my stomach that Marc will be left behind,” Jane Fogel told The Washington Post. “It’s terrifying. I would hope that President Biden and especially first lady Jill Biden, who is an educator, realize the importance of including Marc in addition to Brittney Griner and Paul Whelan.”

You can’t help but make the connections to WNBA basketball star Brittney Griner, who is currently being detained for her “crime” of a couple of vape pens. Since Secretary of State Antony Blinken said there is a  “substantial proposal” to free both Griner and another unjustly detained American, Paul Whelan, Fogel’s family has hope that he might not have to sit in prison for 14 years.

Fogel was fed things like bowls of gruel and dried apricots, depending on what Russian prison he was in.

“He says what he wants in English, someone translates for him, one of his cellmates, and depending on how good their English is is how accurate of a picture we get of what is happening,” Anne Fogel said. “It’s very convoluted and it’s incredibly worrisome because we can’t really have an honest conversation. Everything goes through the censors. It’s harrowing.”

But for Marc, he wasn’t happy to hear Griner might be released before himself. “That hurt,” Marc Fogel wrote in a letter. “Teachers are at least as important as ballers.”

Reality in Russia

President Vladimir Putin ramped up punishments for citizens and tourists alike including one particular new law that dishes out sentences of up to 15 years in prison for people who distribute “false news” about the Russian military. Russia has been accused of using prison sentences as a “tool for exercising control over society” by the Centre for Eastern Studies.

I applaud @SecBlinken & @StateDept efforts to bring Britney Griner and Paul Whelan home even if it means handing over Viktor Bout. I support the swap. I just hope they include Marc Fogel in the deal. Bout is a real criminal. He with worth freeing 3 innocent Americans.

— Michael McFaul (@McFaul) July 27, 2022

The Fogels are now calling to President Joe Biden to step in and get him out of Russian prison—just as efforts are being made to free Brittney Griner and Paul Whelan, CNN reports.

Ever since Russia invaded Ukraine in February 2022, U.S.-Russian relations have obviously been strained, to say the least. It’s typical of Russia to rebrand normal U.S. citizens and athletes as drug pins, often allegedly with political motivations.

Nearly 5,000 people have already signed a petition on Change.org to free Marc Fogel from wrongful detainment in Russia.

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Hire A New York Cannabis Attorney

If you are applying for an adult-use cannabis license in New York, please please please hire a New York cannabis attorney.

It doesn’t have to be be us, but it should be someone who is actually familiar with the licensing rules and regulations beyond just reading media headlines. We’ve written about it before (here, here and here). Unfortunately, we’ll likely write about it again. Picking the wrong attorney and following inaccurate advice can lead to the loss of time, money and the opportunity to obtain a license in New York’s cannabis industry (or any other state’s cannabis industry for that matter).

Licensing rules and regulations are dense. There are technicalities that make the difference between a license working for a potential applicant and being waste of time and money. The particular rule that makes a difference for an applicant may not be on the first page or the second page of a set of rules and regulations, or even something that’s referenced in official statements. That’s why really, really knowing each specific set of rules and regulations, and having a strong feel for administrative policies and behaviors, is critical to submitting a successful application.

The most recent trigger for our soapbox: the location options for New York’s Conditional Adult-Use Retail Dispensary (CAURD) license. For the last few weeks, we have received too many calls from prospective applicants, many of whom have already identified real estate for a non-conditional retail dispensary license, asking to submit a CAURD application. When asked about the CAURD’s apparent mandate that licensees accept a state-selected dispensary location, we are told that the prospective applicant has “heard” or “read”–or even “been advised”–that CAURD applicants can select their own dispensary locations.

We are confident that CAURD applicants cannot select their own dispensary locations, and any definitive guidance that they can is questionable, at best. Section 116.7(b)(6) of the CAURD regulations makes it a condition of licensure that the licensee “[accept] a dispensary location identified by the fund or office[.]”

The Office of Cannabis Management also published a very useful FAQ that all prospective applicants should read (and which we will write about), which provided as follows (emphasis added):

31. Can I choose where my CAURD licensed retail dispensary will be located?

Applicants who are selected will be assigned a retail dispensary location in one of the fourteen (14) geographic regions of NYS. When applying you will be asked to indicate which region(s) of the State you would prefer to be assigned a license in. You will be able to rank your top five (5) preferred regions. You will not be able to choose the specific street address or neighborhood for this dispensary. Provisional licensees will be able to share their preferences among the available locations in the region for which they have been selected.

If you would like to select your own site for a retail dispensary, the CAURD license may not be the right fit for you. Future adult-use retail dispensary licenses (and those for on-site consumption sites) will have more flexibility in allowing licensees to choose their own location.”

Which is not to say there is 100% certainty, because the OCM also published comments and responses for the CAURD regulations, and included this contradictory tidbit (emphasis added):

“COMMENT: Commenters requested clarification from the Office on the nature of agreements which applicants would be required to enter into as described in section 116.7(c)(6) of the proposed rules. Commenters requested clarification on what support would be offered by the New York Social Equity Cannabis Investment Fund and the specifics of that support, such as disbursement schedule, repayment rate, acceptable expenses, and tax repercussions of accepting support. Commenters noted that “financing with favorable terms” is difficult for cannabis businesses to secure and expressed a desire to obtain support from the Fund for costs beyond build-out of the dispensary. Commenters stated it was unclear what level of control the state would have over their business as a result of accepting this support. Commenters were concerned that the terms of agreements with the Fund would be unfavorable and that licensees would be trapped in predatory arrangements. Commenters expressed a desire to apply for licensure without receiving location assistance from the Fund. Commenters suggested that, before approving any agreements between licensees and the fund, the Board consult with the Chief Equity Officer and Cannabis Advisory Board to ensure the terms and conditions of the agreements promote equity.

RESPONSE: The proposed rules only require licensees to enter into agreements which have been approved by the Board and been made available by the Office. The proposed regulations do not insist upon applicants to use New York Social Equity Cannabis Investment Fund locations and provide for the allowance of an applicant to provide their own location that complies with the proposed regulations. The Office is working with the Fund to ensure that the location assignments are a benefit to all applicants to ensure their success. No changes have been made to the proposed regulations as a result of this comment.”

We expect to get some clarity from the OCM regarding the contradictory guidance, and will update this post as soon as we do. With that said, the disconnect between media reports (which do not and should not get into the gritty details of licensure) and the actual application process should not be a problem because prospective applicants should get legal advice on the actual rules and regulations before deciding to apply. That there is still so much misinformation given the prevalence of New York “cannabis” attorneys is disconcerting.

We’ve said it before and we’ll say it again: if you are planning on applying for a cannabis license, you don’t have to hire us, but you should hire a local, New York cannabis attorney who has more than passing knowledge of the applicable rules and regulations.

The post Hire A New York Cannabis Attorney appeared first on Harris Bricken Sliwoski LLP.

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Star signs and cannabis strains: August 2022 horoscopes

August is upon us and your horoscope is here to help guide you. Check out which strains to smoke for your star sign on Leafly.

The post Star signs and cannabis strains: August 2022 horoscopes appeared first on Leafly.

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Sweet Talk nano gummies are instant day brighteners you can take anywhere

Sweet Talk’s colorful cannabis confections are fast-acting, temptingly tasty, and game-changing nano gummies.

The post Sweet Talk nano gummies are instant day brighteners you can take anywhere appeared first on Leafly.

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SAFE Advertising Act could bring weed ads to TV and radio

A bill introduced this week could give radio and TV stations the freedom to advertise cannabis brands without fear of losing their FCC license.

The post SAFE Advertising Act could bring weed ads to TV and radio appeared first on Leafly.

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Biden Administration Proposes Prisoner Swap To Free Brittney Griner

Secretary of State Anthony Blinken revealed on Wednesday that the United States has offered to release a Russian arms dealer imprisoned in the United States in exchange for the release of WNBA superstar Brittney Griner and Paul Whelan, both U.S. citizens currently being held by the Russian government. Blinken added that the U.S. had presented a “substantial proposal” for the release of Griner and Whelan, who have been classified as “wrongfully detained” by the Department of State.

Blinken said at a State Department news conference on Wednesday that President Joseph Biden was “directly involved” and had approved the proposal. He did not specifically confirm that Bout was part of the proposed exchange, saying that he “can’t and won’t get into any of the details of what we proposed to the Russians over the course of so many weeks now,” according to a report from CNN.

Blinken continued that “in terms of the President, of course he was not only directly involved, he signs off on any proposal that we make, and certainly when it comes to Americans who are being arbitrarily detained abroad, including in this specific case.”

Undisclosed sources close to the matter told CNN that the president’s support for the prisoner exchange trumped opposition from the Department of Justice, which generally opposes such deals as a matter of course.

The Russian government was quick to point out that the U.S. proposal has not yet been accepted. Kremlin spokesman Dmitry Peskov said on Thursday that “so far, there is no agreement on this issue.”

Blinken said that he planned to discuss the issue with Russian Foreign Minister Sergey Lavrov during a telephone call this week, adding that “my hope would be that in speaking to Foreign Minister Lavrov, I can advance the efforts to bring them home.”

“There is in my mind utility in conveying clear, direct messages to the Russians on key priorities for us,” Blinken said. “And as I mentioned, these include securing the return home of Brittney Griner and Paul Whelan.”

Griner Arrested for Cannabis Possession in February

Griner, the star center for the WNBA’s Phoenix Mercury and a two-time women’s basketball Olympic champion, was arrested by Russian authorities at an airport outside Moscow in February after customs officials allegedly found vape cartridges containing less than one gram of cannabis oil in her luggage. Griner has pleaded guilty to the charges she faces, which could send her to prison for up to 10 years. Her trial continues at a courthouse in the Moscow suburb of Kimki as authorities hear additional testimony before deciding her fate.

Whelan has been held by Russian authorities since 2018 on espionage charges. If the offer from the Biden administration is accepted by the Russian government, Griner and Whelan would be exchanged for Viktor Bout, a Russian convicted of arms trafficking in 2018 who is serving a 25-year prison sentence in the United States.

Viktor Bout / Photo by Christophe Archambault/AFP via Getty Images

A senior Biden administration official said that the Russian government was unresponsive to the “substantial offer” presented in June, adding that “it takes two to tango.”

“We start all negotiations to bring home Americans held hostage or wrongfully detained with a bad actor on the other side. We start all of these with somebody who has taken a human being American and treated them as a bargaining chip,” the official said. “So in some ways, it’s not surprising, even if it’s disheartening, when those same actors don’t necessarily respond directly to our offers, don’t engage constructively in negotiations.”

The official did not reveal the conditions of the offer, saying it was in Russia’s “court to be responsive to it, yet at the same time that does not leave us passive, as we continue to communicate the offer at very senior levels.”

National Security Council Strategic Coordinator for Communications John Kirby said on Wednesday that Biden administration officials had spoken with the families of Griner and Whelan before Blinken revealed the prisoner exchange offer. He added that the White House is focused on bringing the two Americans home.

“We urge the Russians to move positively on that proposal, so we can get these two individuals home,” Kirby said. “The details of it, I think, are best left between us and our Russian counterparts.”

Apparently unhappy with the Biden administration for making the offer public, the Kremlin noted that prisoner exchange deals are usually negotiated discreetly.

“We know that such issues are discussed without any such release of information,” Peskov told reporters during a conference call. “Normally, the public learns about it when the agreements are already implemented.”

Griner’s attorneys, Alexander Boykov and Maria Blagovolina, said that the WNBA star’s trial will have to conclude before an exchange can be negotiated.

“From a legal point of view, the exchange is possible only after a court verdict,” the lawyers said, as quoted by the Russian media outlet RBC. “In any case, we will be glad if Brittney is soon at home and we hope that this will happen.”

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