Recreational Weed Now Legal in Missouri

Cannabis is now legal for adults in Missouri, although legal sales of recreational marijuana are still months away. Missouri voters legalized adult-use cannabis with the approval of Amendment 3 in the November midterm elections, joining 20 other states that have also ended the prohibition on recreational weed.

Amendment 3, which received 53% of the vote in last month’s election, amends the Missouri Constitution to legalize recreational marijuana for adults and strengthens the state’s existing medical marijuana program. The successful ballot measure officially went into effect on Thursday, making possession of up to three ounces of cannabis by adults aged 21 and older legal under state law.

In 2014, state lawmakers passed legislation to decriminalize the possession of small amounts of cannabis, and in 2018, Missouri voters approved an amendment ballot measure to legalize medical marijuana in the state. 

Missouri Rec Sales Coming Next Year

Under Amendment 3, the state’s existing medical marijuana dispensaries will be the first businesses licensed to make recreational cannabis sales, which are expected to begin early next year. John Payne, campaign manager for Legal Missouri 2022, the group behind Amendment 3, said that sales of cannabis are only permitted “within the regulated system,” but he noted that simple possession of marijuana is legal as of Thursday.

“The decriminalization aspects do not hinge on licensed sales existing,” Payne said.

The Missouri Department of Health and Senior Services is currently in the process of drafting regulations to govern the adult-use cannabis industry and will begin accepting applications for comprehensive retailers – those selling both medical marijuana and adult-use cannabis – on Saturday. The DHSS is required to begin awarding comprehensive licenses to current medical marijuana dispensaries by February 6, making that the earliest date regulated sales of adult-use cannabis can begin in Missouri. 

In a statement, DHSS Spokesperson Lisa Cox reminded Missourians that legal sales of recreational marijuana will take some time to launch.

“It’s just our commitment that we regulate this program as best we can to keep people safe and healthy. That’s our goal,” Cox said in a statement, adding that consumers should familiarize themselves with Amendment 3 and its potential impact on individuals and communities.

Amendment 3 contains provisions to expunge some past cannabis-related convictions. Under the measure, those with previous convictions for nonviolent marijuana-related charges will have their records reviewed by the courts, with qualified convictions slated to be expunged by June 8, 2023.

Although Amendment 3 legalizes cannabis for all adults 21 and older, the University of Missouri System announced on Wednesday that marijuana would still be prohibited on all four of its campuses.

“Possession and use of marijuana remains subject to many limitations under both constitutional amendment and federal law,” the university system wrote in a statement. “Following a review of the federal Drug-Free Schools and Community Act and Drug-Free Workplace Act, the University of Missouri System will continue to prohibit the possession, use and distribution of marijuana on any university property, university-leased property and as part of university-sponsored or university-supervised activities.”

Amendment Enhances Medical Cannabis Program

Amendment 3 also includes provisions to enhance Missouri’s existing medical marijuana program. Patients will see an increase in the monthly amount of cannabis they can legally purchase at licensed dispensaries from four ounces to six ounces. Additionally, medical marijuana patient identification cards will now be valid for a period of three years rather than being subject to annual renewal requirements.

“Patient applications processed as of this date (Dec. 8) and forward will be valid for three years,” Cox said. “Current ID holders will retain their existing expiration dates, which will not change due to Amendment 3 passing.”

Dan Viets, a co-author of Amendment 3 and coordinator for the Missouri chapter of the National Organization for the Reform of Marijuana Laws (NORML), noted the significance of cannabis becoming legal in a statement from the cannabis advocacy group.

“December 8th is a historic date for Missourians,” said Viets. “Most of the 20,000 annual marijuana arrests in our state will end on that date. Instead, adults will be able to legally possess up to three ounces of cannabis, and soon will also have the option to grow up to 18 plants or purchase cannabis products tested for purity and potency from licensed retailers.”

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28 grams of game: The Gentlemen Smugglers

In 28 grams of game, Leafly breaks down the story of the legendary cannabis smugglers who are now navigating the legal market.

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11 Missourians react to newly legal cannabis and the passage of Amendment 3

As of December 8, 2022, adult Missourians can legally possess marijuana. Find out what Missourians think of the changes in their state.

The post 11 Missourians react to newly legal cannabis and the passage of Amendment 3 appeared first on Leafly.

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How to talk to your family about Brittney Griner

When minds change, laws change. We can start that process by talking openly about Brittney Griner and what her case really means.

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Cannabis Legalization Bill Approved By Colombian Senate

Senators in Colombia have gathered many times over the past few weeks to discuss a cannabis legalization amendment to the constitution. On Dec. 6, the amendment was passed in a 56-3 vote.

“Historic plenary approval of the project to regularize #CannabisDeUsoAdulto in its fourth debate. We made progress in changing the country’s drug policy. Great team with @JuanKarloslos #EsHoraDeRegular,” Sen. María José Pizarro Rodríguez wrote in a translated Twitter post.

Histórica aprobación en plenaria del proyecto para regularizar el #CannabisDeUsoAdulto en su cuarto debate. Avanzamos en el cambio de la política de drogas del país.

Gran equipo con @JuanKarloslos #EsHoraDeRegular pic.twitter.com/vQYcBtpnz5

— María José Pizarro Rodríguez (@PizarroMariaJo) December 6, 2022

On that same day, she also mentioned how the tobacco and alcohol industries are more harmful than cannabis, sharing that more than 20,000 people die each year to smoking-related diseases, and 1 in 20 deaths are related to alcohol consumption.

Rodríguez worked with Chamber Rep. Juan Carlos Losada, the sponsor of the bill, to push reform. “Today is a HISTORIC day. With the leadership of @PizarroMariaJo and a @SenadoGovCo more progressive and liberal we achieved approval in the 4th debate of the project that regulates #CannabisDeUsoAdulto. A huge step to advance a new drug policy,” Losada wrote.

If passed, the bill would amend Article 49 and offer “the right of the free development of the personality, allowing citizens to decide on the consumption of cannabis in a regulated legal framework.” In legalizing cannabis the amendment would also establish regulations and taxes for legal cannabis sales, and organize how to divide revenue between local cities, as well as health, education, and agriculture departments. It also calls for a ban of cannabis in schools and public areas and would establish a public education campaign.

The bill moved on to the Senate after the First Commission of the House of Representatives passed it on Oct. 11 with a 105-33 vote.

In Colombia, constitutional amendments must be discussed in a total of eight discussions over the course of two years. The most recent Senate approval marked the fourth discussion. Once all of the discussions have been held, it can proceed to Colombia President Gustavo Petro for review. Finally, if signed into law it gives state legislators six months to establish adult-use regulations.

Although Petro hasn’t confirmed that he would sign such an amendment, he has continually supported ending criminalization of drugs since he was inaugurated in August 2022. 

In September, Petro spoke to the United Nations about how the War on Drugs has failed. “I propose to you as President of one of the most beautiful countries on Earth, and one of the most bloodstained and violent, to end the War on Drugs, and thus allow our people to live in peace,” Petro said in his inauguration speech. “The War on Drugs has lasted 40 years. If we do not correct the course, and this continues another 40 years, the United States will see 2.8 million die of overdoses, which is not produced in our Latin America. You will see millions of African Americans be imprisoned in their private prisons. The prisoner will become a business of prison companies.”

On Nov. 25, Petro met with the president of Mexico, Andrés Manuel López Obrador. “If I had to summarize the relationship between our peoples and the government of Colombian President Gustavo Petro in one word, I would say: brotherhood,” Obrador said in a Twitter statement.

Si tuviese que resumir en una palabra cómo es la relación entre nuestros pueblos y con el gobierno del presidente de Colombia, Gustavo Petro, diría: hermandad. pic.twitter.com/F7ed08j33I

— Andrés Manuel (@lopezobrador_) November 25, 2022

Together, both Obrador and Petro announced a joint effort to create an international conference that addresses how to rethink drug policy. “Recognizing the failure of the fight against drugs and the vulnerability of our peoples in the face of this problem, Mexico and Colombia will convene an International Conference of Latin American leaders with the objective of redesigning and rethinking drug policy,” both countries said in a joint statement.

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Edible Arrangements v. Green Thumb Industries: Voluntary Dismissal, For Now

We regularly cover intellectual property disputes on the blog, and the Edible Arrangements v. Green Thumb Industries trademark infringement case is one we covered two years ago when filed. Since then, this case appears to have been moderately active, with the parties engaging in the usual discovery and related motion practice.

However, things did take a surprising turn when late last week, Edible Arrangements filed a motion to voluntarily dismiss the case without prejudice (or in the alternative, to amend its complaint) due to “[t]he fast-shifting economic and legal landscape” of cannabis. Dismissing a case without prejudice means Edible Arrangements could revive it at a later point in time.

Recap of Edible Arrangements’ trademark infringement allegations

Edible Arrangements writes that it pursued this case upon passage of the 2018 Farm Bill, which of course paved the way for the CBD market to open. It was also interested in selling CBD products, so it began to develop and market them under their brand “Incredible Edibles.”

Edible Arrangements then became aware of Green Thumb’s own marijuana product line, the “Incredibles.” To be clear, the Incredibles included Delta-9 THC, which doesn’t derive from hemp and remains federally illegal. So, despite the fact that the underlying products were legally distinct under federal law, Edible Arrangements filed the lawsuit to protect its trademarks against Green Thumb (who cannot have federal trademark protections because its own products remain federally illegal).

Why Edible Arrangements seeks to voluntarily dismiss, for now

While some believe necessary change has been painfully slow to occur, Edible Arrangements believes that the change in regulatory and legal landscape relating to marijuana has changed “dramatically” and continued change could render any outcome of the lawsuit moot:

In short, the pattern that is emerging is that, while makers of cannabis products that are federally-legal do have protectible trademark rights, the question of whether makers of products that, though similar in other respects, involve federally-illegal cannabis are infringing on those protectible marks is less clear cut.

Specifically, Edible Arrangements makes the (valid) point that in some markets, the legal status of Incredible Edibles versus the illegal status of Incredibles (by Green Thumb) could make a significant difference in where they’re sold– regular stores versus dispensaries only. However, Green Thumb recently announced that it reached a deal with Circle K to sell its marijuana products for medical use in certain Florida gas stations (which is still awaiting regulatory approval). As big industry players continue to push an effort to normalize marijuana “by integrating it with regular consumer products,” one thing is clear: the joining marketing channels and resulting likelihood of confusion will likely grow and bolster trademark infringement claims between hemp and marijuana products:

“Thus, while the Court undoubtedly could adjudicate the question of the likelihood of confusion as it exists right now, and could even do so with an eye towards the ‘convergent marketing channels,’ such a determination may not be sufficient to address the future state of this rapidly changing market and could be mooted by any number of events. Thus, the better course is to set this case aside, without prejudice, and let the parties return—or not—once the market dynamics have more fully run their course.”

What’s next in this unusual trademark infringement case

We’ll continue to monitor the docket for any response from Green Thumb and, of course, any final order of the Court. But it does seem clear that other plaintiffs will likely follow suit and wait for a time when their trademark infringement claims are bolstered – such as if marijuana continues to seep into the general marketplace or is one day legalized altogether – and everyone seeks to establish their brands over all their competitors.

The post Edible Arrangements v. Green Thumb Industries: Voluntary Dismissal, For Now appeared first on Harris Bricken Sliwoski LLP.

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After a week of hope, the SAFE Banking Act dies again in the Senate

Proponents' hopes were dashed once again, after GOP senators fought against including the measure in a defense budget bill.

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