Pro-Cannabis Amazon Contradicted By Algorithm

Amazon’s prohibited product algorithm gets drug paraphernalia analysis wrong

Amazon’s prohibited product algorithm is creating issues in the ancillary cannabis business space. In doing so it directly contradicts the company’s pro-cannabis public image. On September 26, Seattle Times reporter Lauren Roseblatt wrote an interesting article describing Amazon’s abrupt removal of an herb grinder company’s (“Golden Gate Grinders”) products from its platform last year. The company had been selling its products on Amazon for nine years before the e-commerce behemoth flagged the grinders as drug paraphernalia and removed them “overnight”. This result is clearly out of line with Amazon’s pro-cannabis public statements, which begs the question: what is going on?

What is “drug paraphernalia”?

Despite over 60% of Americans favoring federal legalization of cannabis, the Controlled Substances Act (“CSA”), still classifies cannabis as a schedule I substance. This means that as far as the federal government is concerned the possession, use, and distribution of cannabis or any cannabis paraphernalia is a federal offense. Drug paraphernalia is defined in 21 U.S. Code § 863  as a product “which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance”. As legal definitions go, this is about as broad as they get.

“Herb” or “Spice” Grinders are indeed commonly used to break up cannabis flower into smaller, finer pieces that make the flower easier to smoke. However, any cooking enthusiast or chef will tell you that herb grinders are commonplace in kitchens and not used for breaking up cannabis—at least not exclusively. It is therefore far from obvious whether a product marketed as an “herb grinder” is properly considered “primarily intended or designed” for using a controlled substance like cannabis. Grinders can be and often are used for non-cannabis related functions, so the argument that they are properly considered drug paraphernalia seems like the weaker case.

Amazon’s pro-cannabis stance v. the case of Golden Gate Grinders

What makes this situation more bizarre than simply an incorrect application of company policy is Amazon’s very vocal, pro-cannabis attitude. Amazon has taken significant and public pro-cannabis positions in recent years, and it was also one of the first Fortune 100 companies to do so. The company has supported several federal legislative efforts to reform cannabis laws. Those efforts include the Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act), States Reform Act, and the Cannabis Administration and Opportunity Act. In supporting the latter, Amazon’s public policy division stated in a letter to senators, “we believe it’s time to reform the nation’s cannabis policy and Amazon is committed to helping lead the effort”. In June 2021, the company put its money where its mouth is and changed its pre-employment drug screening policy to exclude cannabis testing altogether.

It is hard to reconcile the company’s pro-cannabis attitude with its treatment of vendors like Golden Gate Grinders. But, the company may have a partial excuse in that the culprit is likely an unruly algorithm. Amazon’s policy guidelines prohibit the promotion and sale of drug paraphernalia and are in place to comply with the CSA. Amazon must have guidelines in place to protect itself from liability and prohibiting the sale of illegal drugs or drug paraphernalia on its platform is perfectly reasonable. But the company is far too large to have human beings perform policy guideline compliance. Amazon offers 353 million products for sale and ships 1.6 million packages a day, which is around 66 thousand orders an hour. As the world’s largest e-commerce platform operating at such an extraordinary scale, the role of policing the platform must necessarily be done by AI. This is not meant to excuse what appears to be an unjust result in the case of Golden State Grinders. Rather, it helps identify the problem: for all its utility, AI remains incapable of performing the human functions of exercising judgment and discretion.

In a case involving cannabis-related issues, one would think Amazon would be committed to working with vendors to resolve them and have a policy in place to do so. In the Golden State Grinders case, Amazon should have notified the company that its view of the grinder had changed and allowed an opportunity for remedial action. Immediately shutting down the company’s sole source of revenue after nine years of operating on the platform is unjustifiable and concerning.

What this means for other cannabis-related product manufacturers

Companies that sell products on Amazon’s platform that are tangentially cannabis-related or that are often used by cannabis businesses and users should take note. This is particularly true for companies like Golden Gate Grinders for whom e-commerce sales made up a significant percentage of net sales. The owner of Golden Gate Grinders said Amazon’s action effectively destroyed his business and was quoted in the Seattle Times article as saying “I’m done”.

The Amazon algorithm’s interpretation of what constitutes drug paraphernalia falls on the wrong side of reasonable. After all, we aren’t talking about selling a product as closely related to a controlled substance as a glass pipe. The Golden State Grinders case raises serious questions about whether other products that are used by cannabis businesses and users will suffer a similar fate at the hands of the algorithm. Equally troubling, there appears to be no notice period for perceived violations of Amazon’s guidelines or a mechanism to remedy the issue, other than filing a lawsuit. Most companies simply don’t have the resources to sue one of the wealthiest companies on the planet no matter how strong their case.

Amazon should also be concerned about the results of its algorithm’s policing efforts as in the case of Golden Gate Grinders. The results have, at least in certain cases, not been “equitable”, one of the company’s often quoted justifications for its support of cannabis reform. If Amazon wants to act as pro-cannabis as it says it is, it needs to take a serious look at the enforcement of its prohibited products policy because the algorithm is likely to become a repeat offender if left unattended.

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Are you too high? A promising new ‘comedown drug’ may be on the way

A drug that blocks the brain's cannabinoid receptors is now in clinical trials and showing promising results.

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DEA Scoops Up 36 Million Lethal Doses of Fentanyl Off the Streets

The U.S. Drug Enforcement Administration (DEA) announced the results of a widespread drug operation spanning May to September, resulting in over 10 million fentanyl pills and what they say is 36 million lethal doses of the drug. DEA agents blame the mass production of the majority of these pills on two particular cartels, the Sinaloa Cartel and Jalisco New Generation Cartel (CJNG).

While scooping up cartel-manufactured fentanyl off the streets sounds like reason to celebrate—keep in mind that this is only half the problem, and as many as 40% of opioid overdose deaths come straight from the doctor with a prescription, according to the U.S. Department of Health and Human Services. Fentanyl kills indiscriminately, no matter what the source. According to the National Safety Council, young Americans are more likely to die of an opioid overdose than a car crash.

However, it’s highly likely lives were saved in the process during this particular operation. The DEA released the statistics in a September 30 press release.

As part of the One Pill Can Kill initiative—a public Awareness Campaign to educate the public of the dangers of counterfeit pills such as fentanyl—the DEA and its law enforcement partners seized massive quantities of opioid drugs.

How extensive is the opioid epidemic? The DEA seized over 10.2 million fentanyl pills and about 980 pounds of fentanyl powder during the period of May 23 through September 8.

Often, fentanyl is pressed into blue, round pills that appear to be pharmaceutical in nature, so people think they’re safe. Often, they’re not. In addition, they’ve been showing up in different colors, dubbed “rainbow fentanyl” by the media and the DEA itself. Even people with a tolerance to oxycodone or hydrocodone might not stand a chance with fentanyl or its analogs like carfentanil.

According to the DEA’s math, the amount of fentanyl seized is equivalent to over 36 million lethal doses of the drug removed from the supply. DEA agents also seized 338 weapons including rifles, shotguns, pistols, and hand grenades.

“Fentanyl is responsible for killing thousands of people in the District of Columbia, Maryland, and Virginia (DMV). We are working diligently with our federal, state, and local partners to mitigate this public health crisis,” said Jarod Forget, DEA Washington Division’s Special Agent in Charge. “Our team is actively seizing significant amounts of deadly fentanyl and working hard on impactful operations and community events to halt the distribution of these deadly drugs into our communities. Mexican cartels are pushing deadly fake pills, often laced with fentanyl, into our neighborhoods to exploit the opioid crisis. We will relentlessly pursue criminals who are bringing such deadly drugs and continue to work to keep you and your families safe. Many people who die from fentanyl poisoning unknowingly consumed it mixed into fake pills or other drugs. Our message to the public is that you never can be certain what is in them and that just ‘One Pill Can Kill’.”

"There is no room for experimentation with fentanyl. One pill can truly kill you. That actually could be the last choice you make is the choice to try it." said @DEADallasDiv Chief Eduardo A. Chávez #OnePillCanKill https://t.co/gUWv1Q8jjE

— DEA HQ (@DEAHQ) September 30, 2022

Nearly 400 cases were investigated, and 51 cases are linked to overdose poisonings. DEA agents linked 35 of the cases directly to one or both of the primary Mexican cartels responsible for the majority of fentanyl in the United States, which is the Sinaloa Cartel and CJNG.

Here’s how things have changed, however: According to the DEA, 129 investigations are linked to social media platforms like Snapchat, Facebook Messenger, Instagram, and TikTok. Anyone in the cannabis industry has seen plugs openly selling all sorts of drugs.

The last time statistics like this were provided was the One Pill Can Kill Phase II results, which were announced by DEA Administrator Anne Milgram last December.

The DEA says that fentanyl is the deadliest drug threat facing this nation. “In 2021, a record number of Americans—107,622—died from a drug poisoning or overdose,” the DEA release reads. “Sixty-six percent of those deaths can be attributed to synthetic opioids such as fentanyl.”

The fentanyl problem is highlighted by specific events, including a recent incident in suburban Los Angeles that involved pills laced with fentanyl that were disguised as something else. The Pasadena Police Department seized 328,000 fentanyl pills in a single operation on September 24, bringing their total seized to approximately 708,500 pills. Then just minutes away in Whittier, police seized eight pounds of pills laced with fentanyl.

Additional resources for parents and the community can be found on DEA’s Fentanyl Awareness page, and the DEA created a new resource, “What Every Parent and Caregiver Needs to Know About Fake Pills.” 

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Gwinn brothers become Florida’s first Black medical cannabis licensees

The Gwinn brothers were born and raised on Florida farms. They're now the first Black farmers in the state licensed to grow medical cannabis.

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Recreational Pot Sales Kick Off in Vermont

Recreational marijuana sales officially launched in Vermont over the weekend, with stores in three communities opening their doors to customers on Saturday.

The three retailers to open this weekend were FLORA Cannabis in Middlebury, Mountain Girl Cannabis in Rutland and CeresMED in Burlington, according to the Associated Press, which noted that a “fourth business has been licensed to sell recreational pot but isn’t ready to do so yet.”

The Burlington Free Press reported on the grand opening at Ceres in Burlington, where the newspaper said that “a line of a couple hundred people stretching from the storefront around the corner and down an alley” had gathered for the occasion.

You would be forgiven if you assumed that recreational pot sales were already underway in the Green Mountain State, which legalized personal possession and cultivation of marijuana for adults back in 2018. The state legalized medical cannabis in 2004; according to the Free Press, Ceres “has been in business for about a decade catering to medical-marijuana customers, and that established infrastructure helped the company get going smoothly.”

But the 2018 law, which was signed by Republican Gov. Phil Scott, did not establish a regulatory framework for an adult-use cannabis market, making Vermont an outlier in the legalization movement.

That changed two years later in 2020, when lawmakers in the state approved a bill that set up a regulated marijuana industry.

“Ten of the eleven states that have legalized adult-use marijuana possession have also wisely regulated the retail cannabis market; until today, Vermont had been the sole exception,” NORML State Policies Coordinator Carly Wolf said at the time.

With Saturday’s openings in Middlebury, Rutland and Burlington, Vermont now becomes the 15th state with legal adult-use cannabis sales.

In signing the bill back in 2020, Scott said that the bill had been “a top priority for the majority in the Legislature for four years, but their work is not complete.”

“They must ensure equity in this new policy and prevent their priority from becoming a public health problem for current and future generations,” Scott said in his signing statement. “For these reasons, I am allowing this bill to become law without my signature.”

According to the Associated Press, the state’s Cannabis Control Board “prioritized review and waived licensing fees for social equity applicants,” such as “[applicants who are] Black or Hispanic, or from communities that historically have been disproportionately affected by cannabis being outlawed or who have been or had a family member who has been incarcerated for a cannabis-related offense.”

Other states that have established a regulated marijuana market have enacted similar social equity measures. In New York, where legal sales could launch by the end of this year, the first round of recreational dispensary licenses will go to individuals who have previously been convicted of a pot-related offense.

The Associated Press reports that “more than 30 social equity applicants, mostly growers, have been approved.”

When he signed the bill that established Vermont’s new cannabis market, Scott noted that it “requires cities and towns to authorize these businesses before retail establishments may open,” and “ensures local zoning applies to cannabis cultivation and production.”

He also said that the law “dedicates 30% of the excise tax, up to $10 million per year, to education and prevention efforts,” and that “the sales and use tax on cannabis would fund a grant program to expand afterschool and summer learning programs.”

Scott said at the time that the state’s ensuing budget “includes language I proposed to move toward a universal afterschool network, which is based on a successful model from Iceland and is focused on preventing drug use and improving academic and social outcomes.”

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How budtenders can better serve customers and patients

Budtenders are expected to provide a certain level of customer service for patients and customers.
Check out more budtending tips here.

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Long Island Cannabis Dispensary Zoning

Prospective cannabis businesses seeking to open dispensaries on Long Island are running into several issues and roadblocks with the proposed or adopted zoning legislation restricting operators to mainly industrial areas.

As it stands, dispensaries can open only in Long Island towns that opted in for retail cannabis sales. To date, Babylon, Brookhaven, Riverhead and Southampton have opted-in to permit recreational cannabis sales. In three of the four opt-in areas, legislation has been adopted or proposed that would keep the dispensaries out of busy downtown areas, and stick them in commercial and out-of-the-way areas.  The only municipality to vote on and approve of a zoning amendment has been Brookhaven.

To learn more about each municipality and where their regulations stand to date, see below.

Brookhaven

Brookhaven Town officials approved a town zoning amendment that has banned cannabis sales within 500 feet of homes or 1,000 feet of schools, houses of worship, hospitals, libraries, parks, playgrounds, gyms, dance studios or at similar public or semi-public place of general congregation. Cannabis dispensaries must be at least 1 mile apart from each other. The zoning amendment bans cannabis smoking rooms and retail stores from downtown business districts.

Babylon

In Babylon, according to Newsday, officials are expected to adopt similar regulations to Brookhaven.  The legislation would allow dispensaries, consumption sites and microbusinesses only in areas zoned industrial and would prohibit them from operating within a 1,000-foot radius of a residential area.  The businesses also would not be allowed within a 200-foot radius of religious properties or within a 500-foot radius of K-12 education facilities, libraries, parks, playgrounds, child-care centers, youth organizations, dance studios, batting cages, gymnasiums or other venues “where minors congregate.”

Cannabis businesses also could not operate within a 500-foot radius of another such business, whereas, in Brookhaven, said business need to be 1 mile apart.

Riverhead

Under Riverhead’s proposed regulations, retail and on-site consumption establishments would be permitted only in certain sections of town.  Those districts include including Business Center, Shopping Center, Destination Retail Center, Rural Corridor, Downtown Center 1, 2 and 3, Hamlet Center, Village Center, Peconic River Community and Business F zoning use districts.

The code would require a minimum distance of 1,000 feet from schools, daycare facilities and libraries, as well as 500 feet from places of worship, beaches, parks, community centers and amusement businesses.

Cannabis businesses would also not be allowed within 1,000 feet of an existing residential use or a mixed-use development containing a residential use, or within 2,500 feet of another cannabis business.  Lastly, the proposed code outlines security requirements, mandating the business to submit both a security plan and an odor management plan to the town.

Southampton

Southampton is the only town that has not proposed zoning laws for retail cannabis. The Southampton Town Supervisor Jay Schneiderman indicated that the town is waiting for further guidance from the state.

Mr. Schneiderman indicated at the minimum, they will propose laws keeping dispensaries away from places where children congregate, such as libraries and playgrounds, but will take into account concerns from the community, including traffic and safety.

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