Minnesota Adds New Qualifying Conditions to Medical Cannabis Program

The Minnesota Department of Health announced on Wednesday that the agency will add irritable bowel syndrome and obsessive-compulsive disorder to the list of qualifying medical conditions for participation in the state’s medical cannabis program. Under state law, the addition of the new qualifying conditions will become effective beginning on August 1, 2023, according to state officials.

“We are adding the new qualifying conditions to allow patients more therapy options for conditions that can be debilitating,” Minnesota Commissioner of Health Jan Malcolm said in a statement from the health department.

Irritable bowel syndrome (IBS) is a disorder characterized by abdominal pain or discomfort, as well as irregular bowel movements that can result in diarrhea, constipation, both diarrhea and constipation, or bloating. Obsessive-compulsive disorder (OCD) is characterized by recurring, intrusive thoughts that often cause significant emotional distress and anxiety in those living with the disorder. This can lead to repetitive actions or other behaviors that those affected by the condition feel compelled to perform to reduce that distress.

“Research has shown that people who suffer from these conditions can see benefits from using medical cannabis to treat their symptoms,” the health department wrote. 

The new qualifying conditions offer a modest expansion to the state’s medical cannabis program, with an estimated 10% of adults having IBS and 1% meeting the diagnostic criteria for OCD, according to media reports. 

Minnesota Patients Support Adding New Conditions

In public comments on the petitions to add IBS and obsessive-compulsive disorder to Minnesota’s medical marijuana program, a man identified by the initials RH described himself as a working professional with a wife and two daughters.

“My daily life consists of constant fear and stress,” said RH, who noted he has OCD. “Practically the only time I am free of the symptoms is when I am sleeping.”

Under state rules, patients certified for the newly approved qualifying medical conditions will become eligible to enroll in the state’s medical cannabis program on July 1, 2023. Patients will be able to receive medical cannabis from either of the state’s two medical cannabis manufacturers beginning on August 1, 2023. Patients who wish to use medical marijuana to treat any of the state’s qualifying conditions need advance certification from a participating Minnesota healthcare provider.

Opioid Use Disorder Not Approved

The health department declined to approve petitions to add opioid use disorder and gastroparesis, a condition that affects the normal spontaneous movement of the stomach muscles, to Minnesota’s list of conditions that qualify a patient to use medical marijuana. The petition not to add gastroparesis was not approved as a qualifying medical condition because research indicates that cannabis can make the condition worse.

Chris Tholkes, director of the Minnesota Department of Health’s Office of Medical Cannabis, said that the decision not to add opioid use disorder was a difficult one, noting that limited access to existing treatment options, such as methadone clinics, in some geographic areas was one factor that supported approval of the petition.

“We did struggle with this one,” Tholkes told the Star Tribune, adding that medical providers were concerned that “introducing another type of drug could lead to relapse. And in the case of opioid use, relapse can be fatal.”

The decision not to approve opioid use disorder comes as Minnesota and the nation remain in the grips of an opioid overdose death epidemic. Many public comments revealed success in substituting marijuana for opioids.

“After having gone (through) nine years of painkiller use under medical prescription for pain, I know that the use of cannabis would help ease the withdrawal side of it,” said a commenter, identified publicly by the initials TB. “I only use cannabis now.”

When Minnesota lawmakers passed legislation creating the state’s medical cannabis program in 2014, the law included nine conditions that qualified a patient to receive medical cannabis. With the new additions, the list of qualifying conditions will be 19. Current qualifying conditions include chronic pain, post-traumatic stress disorder (PTSD), cancer in certain circumstances, glaucoma, and other serious medical conditions.

More than 39,000 Minnesotans are enrolled in the state’s medical marijuana program, up from 29,000 in 2021. Almost all registered participants are qualified because of intractable or chronic pain, and about a third for PTSD. Muscle spasms, cancer, and sleep apnea are also common qualifying conditions.

New Conditions Considered Annually

Each year, the health department conducts a formal petition process to solicit public input on potential qualifying medical conditions and delivery methods, followed by a public comment period and a review panel.

Under state rules, the commissioner of health is required to annually consider new petitions to add qualifying medical conditions and cannabis delivery methods. No petitions for new delivery methods were submitted this year.

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E. coli, Salmonella, or Lead Found in 40% of Illegal New York Weed

New York officials deployed researchers to sample products from illegal bodegas and pop-up dispensaries selling cannabis on the street, and tested them for harmful contaminants. If it’s safe, clean flower that you want—the findings were dismal at best.

According to a report led by the New York Medical Cannabis Industry Association published on November 30, around 40% of illegal cannabis products sampled in New York City were found to contain harmful contaminants like E. coli, salmonella, and lead. The cannabis products were purchased from only about 20 illegal sites, but spanning across all five boroughs.

Salmonella, E. coli, and other contaminants in weed pose serious threats to your health, and are controlled under typical state regulations. Smoking weed with bacteria like E. coli provides a direct path for the infectant into the lungs, where it can potentially do a lot of damage.

“E. Coli, Heavy Metals, Copyright Infringement, and 100 Percent Failure Rate – A Look at New York City’s Illicit Cannabis Market,” was released by the New York Medical Cannabis Industry Association (NYMCIA) in partnership with the New Jersey Cannabis Trade Association (NJCTA) and the Connecticut Medical Cannabis Council (CMCC). 

Key Findings

The report reveals the results of third-party lab testing of cannabis products purchased from over 20 unlicensed dispensaries spanning across the five boroughs. Among key findings, researchers detected the presence of E. coli, salmonella, and pesticides in various products. About 40% of the products failed at least one of the standard tests administered to legal cannabis products only available at legal medical cannabis dispensaries. 

The report “illuminates the danger posed by pop-up illicit operators that have circumvented New York’s regulations” which creates hazards for public health. 

In some instances, THC levels as much as twice the advertised amount. Finally, over 50% of locations where the product was purchased did not ask for identification.

“The report’s findings are deeply troubling and highlight the tremendous risks posed by unscrupulous firms operating above the law,” said NYMCIA President Ngiste Abebe. “New York has a responsibility to not only protect the health and safety of its residents but also to fulfill the promise of a socially equitable adult-use market. Neither goal can be realized without stricter enforcement against bad actors.”

Bloomberg reports that over 30 licenses for legal businesses were granted on November 21, but in most cases, it’s open season for illegal cannabis businesses.

Impact on New York Communities

The implications of the impact upon disadvantaged communities was also brought forth. “I want everyone to understand that these smoke shops and delis are not legacy operators—they’re opportunists that are retraumatizing our community and stopping our ability to build wealth. They are poisoning our Black and Brown communities. You cannot build wealth without health and these smoke shop owners are destroying the reputation of New York’s cannabis with their chemicals. They need to be stopped,” said Juancarlos Huntt, CAURD license applicant and legacy operator and co-founder New York for Social and Economic Equity.

Others placed the blame on a failing medical cannabis program, which “pushed” New Yorkers into the unknowns of the illicit market.

”Faced with an eroding medical cannabis program, New York patients have been pushed into this newly rampant illicit market, exposing them to E. coli, salmonella, and other dangerous toxins from untested products,” said Don Williams, Vice President of Government Relations at Curaleaf. “They deserve better, and New York must prioritize creating a safe and thriving cannabis program for them and adult-use consumers.”

A link to the full report can be found here.

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900 Mississippians Approved for Medical Cannabis as Program Takes Shape

Mississippi’s fledgling medical cannabis program is slowly but surely coming together, with state officials targeting early next year for the opening of the first dispensaries. 

Local news station WLBT reports that “900 Mississippians have already applied and been certified for their medical marijuana cards,” and that there is hope for the first dispensaries to open their doors early next year.

The state began accepting applications for medical cannabis cards in June.

Mississippi legalized a medical cannabis program earlier this year after the state’s Republican governor, Tate Reeves, signed a bill into law.

“The ‘medical marijuana bill’ has consumed an enormous amount of space on the front pages of the legacy media outlets across Mississippi over the last three-plus years,” Reeves said in a statement following the bill signing. “There is no doubt that there are individuals in our state who could do significantly better if they had access to medically prescribed doses of cannabis. There are also those who really want a recreational marijuana program that could lead to more people smoking and less people working, with all of the societal and family ills that that brings.”

The governor’s signature marked the culmination of a multi-year legislative process after voters in the state approved a ballot measure in 2020 to legalize medical marijuana treatment there. 

The state Supreme Court struck down the voter-approved measure, deeming it unconstitutional on a technicality, prompting lawmakers in Mississippi to draft their own medical cannabis proposal. 

Reeves, who was opposed to the 2020 ballot measure, engaged with the legislature on the bill, at one point insisting that lawmakers impose a limit for patients to receive 2.7 grams per day.

The legislation that arrived on his desk earlier this year, however, allowed patients to purchase up to 3.5 grams as many as six times per week. It passed the legislature with a veto-proof majority.

“I have made it clear that the bill on my desk is not the one that I would have written,” Reeves said in his statement at the time. “But it is a fact that the legislators who wrote the final version of the bill (the 45th or 46th draft) made significant improvements to get us towards accomplishing the ultimate goal.”

The governor did, however, applaud a number of provisions in the new law.

“1. Reduces the total amount that any one individual can receive to 3 oz. per month. This one change will reduce the total amount by 40 percent from the original version (I asked for 50 percent). Said differently, there will be hundreds of millions of fewer joints on the streets because of this improvement,” Reeves said at the time. “2. The medical professional can only prescribe within the scope of his/her practice. And they have to have a relationship with the patient. And it requires an in-person visit by the patient to the medical professional. 3. Only an MD or DO can prescribe for kids under 18 and only with the consent of a parent/legal guardian. 4. An MD or DO must prescribe for young adults between the ages of 18-25. 5. The MSDH will promulgate rules regarding packaging and advertising, and I have confidence they will do so in a way that limits the impact on our young people. 6. Prohibits any incentives for the Industry from the Mississippi Development Authority. 7. Protects our churches and schools from having a marijuana dispensary within fewer than 1,000 feet of their location.”

Reeves thanked the lawmakers for their efforts, and expressed hope that “we can put this issue behind us and move on to other pressing matters facing our state.”

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Nevada Officials Award Final 20 Licenses for Cannabis Lounges

State officials in Nevada have announced the final 20 applicants who will receive licenses authorizing them to run cannabis consumption lounges.

The Nevada Cannabis Compliance Board conducted a digital drawing on Wednesday “via a random number selector to determine the issuance of independent cannabis consumption lounge licenses for non-social equity applicants and social equity applicants,” the agency said.

State law opened the door for the board to “issue 20 independent cannabis consumption lounge licenses, half of which (10) are designated for social equity applicants.”

The board has said that the lounges are expected to open next year. 

On Wednesday, the regulatory board announced the following social equity applicants will receive licenses to open a lounge where cannabis consumption is allowed: NV Cloud 420 Lounge LLC (City of Las Vegas); GGCPA SE Inc (Nye County); MEDSnSIN (City of Las Vegas);

Sunflower Compassionate Company (City of Las Vegas); Lyxe Consulting LLC (City of Las Vegas); Greenwood Investment Group, LLC (City of Las Vegas); N&D Enterprises LLP (City of Las Vegas); City Lights Production LLC (Unincorporated Clark County); Royal Tree TLC LLC (City of Las Vegas); and GGCPA SE 3 Inc (Unincorporated Clark County).

The following non-social equity applicants were also selected via the random draw: FCWC Operations LLC (City of Las Vegas); Shanghai Lounge LLC (Unincorporated Clark County); Higher*Archy LLC (City of Las Vegas); The Limo Joint LLC (Unincorporated Clark County);

KV Group, LLV (Nye County); The Standard Lounge, LLC (Unincorporated Clark County); La Lounge LLC (Unincorporated Clark County); Cafecito SW LLC (Unincorporated Clark County)

Las Vegas Cannabis Industry Leaders (City of Las Vegas); and Rolling Cloudz LLC (Unincorporated Clark County).

Lawmakers in Nevada last year signed off on funding for the Cannabis Compliance Board to hire the necessary staff and support in order to implement the framework for the consumption lounges.

In June, the Nevada Cannabis Compliance Board signed off on the final round of regulations for the consumption lounges.

“In addition to outlining the licensing and operation of consumption lounges, regulations approved today lay the groundwork for greater inclusion within Nevada’s cannabis industry,” the board said in the press release at the time. “All applicants must submit a diversity plan, summarizing actionable steps and goals for meaningful inclusion. Additionally, half of the independent consumption lounge licenses in the initial round must be awarded to social equity applicants.”

“Prior to an open licensing period, the [Cannabis Compliance Board] plans to roll out tools and resources including worksheets, video tutorials and live webinars in order to ensure interested parties have access to the same information and are able to successfully submit an application,” the release continued. “The CCB expects to open the first licensing round for consumption lounges in the Fall, allowing for the first consumption lounges to open as early as the end of the year.”

Local television station KTNV reported that a “handful of applicants gathered at Mariposa Restaurant [in Las Vegas on Wednesday] to watch the virtual drawings unfold.”

Tyler Kilmas, the executive director of the Nevada Cannabis Compliance Board, told the station what now awaits the selected applicants. 

“We will do sit down interviews and make sure we understand their ownership structure and their business plan and then they will come in front of the board and the board will determine them suitable or not to proceed to perfecting their license,” says Kilmas.

According to the station, “the state opened an application period [in October], and in total 99 applications for a license were submitted.”

Voters in Nevada approved a ballot measure in 2016 that legalized recreational cannabis use in the state. 

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Star signs and cannabis strains: December 2022 horoscopes

The new year fast approaches, astrology lovers. Here are the best strains for each sign to close out 2022 and get ready for 2023.

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

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Will the Senate Ever Do Anything with the SAFE Banking Act?

As we’ve written about over the past several years, there have been consistent rallying cries for common-sense banking reform for the cannabis industry.

The SAFE Banking Act, which would allow federally regulated financial institutions to work with state-legal cannabis businesses, has been passed by the U.S. House of Representatives a whopping seven times. However, the Senate has yet to take up the SAFE Banking Act, ever – despite the fact that it’s sponsored by Senator Jeff Merkley and has 42 co-sponsors.

The ICBA letter

The Independent Community Bankers Association (“ICBA”) is now urging Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) to do something with the bill by the end of the year, in this lame duck session of Congress. The letter penned by the ICBA and 44 state banking associations states:

This legislation enjoys strong, bipartisan support, would resolve a conflict between state and federal law, and addresses a critical public safety concern. We urge its enactment without further delay … The Act would create a safe harbor from federal sanctions for financial institutions that serve cannabis-related businesses (CRBs), as well as the numerous ancillary businesses that serve them, in states and other jurisdictions where cannabis is legal. Recent polling found that two-thirds of voters support cannabis banking access.

The ICBA survey: this is what the people want!

The letter cites to that ICBA survey conducted in September 2022 – wherein 71% of voters agree that allowing cannabis-related businesses to access the banking system “would help reduce the risk of robbery and assault at cannabis-related businesses — showing the importance of the policy to public safety.”

The ICBA’s polling also found:

• More than 80% of voters say that operating exclusively in cash increases the risk of robbery or theft.
• 62% agree that restricting cannabis-related businesses from accessing banks is a threat to public safety.
• 63% agree that allowing cannabis-related businesses to access banks will improve public safety.
• 58% say a Senate vote on establishing a safe harbor for cannabis banking is important.

But will the Safe Banking Act move?

Unfortunately, this isn’t the first time players in both the banking and cannabis industries have been ignored by the Senate: similar letters have been sent and publicized throughout the years. While we’re doubtful that this will move the needle, we will continue to hope that this critical legislative reform will happen very soon for everyone’s benefit.

The post Will the Senate Ever Do Anything with the SAFE Banking Act? appeared first on Harris Bricken Sliwoski LLP.

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Rhode Island’s first legal weed stores open to eager shoppers

Five stores opened on Dec. 1, with stocked shelves and eager shoppers. Here's how it happened.

The post Rhode Island’s first legal weed stores open to eager shoppers appeared first on Leafly.

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