Tuesday, January 10, 2023

Utah Group Aims To Legalize Shrooms in the State

A group in Utah is out to legalize psilocybin in the state. 

The aptly named non-profit Utah Mushroom Therapy has launched a petition to “strongly encourage Utah legislators to pass a bipartisan bill that allows the legal use of psilocybin for clinical and academic purposes, and includes protection for individuals practicing under the Religious Freedom Restoration Act.” 

Utah Mushroom Therapy says it intends to present the petition to members of the state Senate next month. The group’s efforts come almost a year after the state’s Republican governor, Spencer Cox, signed a bill that created a task force to study the use of psychedelics as a mental health treatment. 

According to the group, the creation of the task force means that “legalizing and decriminalizing Psilocybin in Utah is now very likely but still needs public support.”

Utah Mushroom Therapy outlines a number of reasons why it backs the legalization of mushrooms for therapy and research, arguing that it could improve mental health and support spiritual practice. 

“Numerous robust studies have shown that psilocybin therapy is beneficial in reducing treatment-resistant depression, anxiety, addiction, trauma, obsessive-compulsive disorder, and other mental health disorders. It is more effective than synthetic pharmaceuticals by a large margin. Psilocybin has also shown effectiveness in easing fear and anxiety in people with terminal cancer. For instance, a groundbreaking study performed by John Hopkins Medicine found that psilocybin reported better moods and greater mental health after participating in a single clinical dose,” the group says on its website. 

“The use of mushrooms has been documented in 15 indigenous groups in America and various religious communities in Utah. This petition supports those groups who wish to use psilocybin safely, sincerely, and as a necessary part of their religion. The use of psilocybin does not contradict other Utah cultures and is protected by the first amendment as well as the Religious Freedom Restoration Act. This petition is to advocate Utah law to protect the religious rights of Utahns,” the group continued. 

In addition, the group says that legalization of shrooms would reduce criminality and would serve as a safe and effective treatment.

“Psilocybin is a natural, non-toxic substance. Despite this, it is currently a Schedule I substance. Scientists have demonstrated it has profound medicinal value and believe serotonergic hallucinogens assist cognitive processes and should be decriminalized. Psychedelics can change perception and mood, help people soften their perspective and outlook, and process events that may otherwise lead to substance abuse, trauma, and criminal behavior,” the group says on its website. 

“Psilocybin mushrooms are considered one of the least toxic medicines known to man. Recorded cases of death exclusively attributed to psilocybin mushrooms are extremely rare. To put this in perspective, Internationally, there were 30,811 deaths from antidepressants between 2015 and 2020,” the group added. 

In urging Utah voters to sign, the group stresses that the “petition is in no way an endorsement of illegal drug use.”

“By signing this petition, you are supporting the safe and legal use of Psilocybin, a naturally occurring compound,” the group says. 

Psilocybin and hallucinogenics represent the next frontier in the legalization movement, as state and local officials increasingly reconsider the once taboo substances.

On New Year’s Day, Oregon became the first state in the U.S. to legalize psilocybin use for adults after voters there approved a ballot measure in 2020. 

That proposal, Measure 109, “allowed local authorities to opt out of Measure 109 by forwarding to voters either two-year moratoriums or bans on psilocybin services,” the Oregon Capital Chronicle reported in November.

“Authorities in 27 Oregon counties and 114 cities and towns asked voters to consider two-year moratoriums or bans. Among the latter, only two – Phoenix in Jackson County and Wheeler in Tillamook County – authorized psilocybin services,” the outlet said. “Nevertheless, most of Oregon’s most populous counties and cities have cleared the way for psilocybin production by authorized facilities. Supporters of psilocybin services say that therapy with the hallucinogen will be locally available to nearly 3 million Oregon residents beginning in 2023. In all, 17 of Oregon’s 20 most populous cities are allowing psilocybin services along with 11 Oregon counties.”

The post Utah Group Aims To Legalize Shrooms in the State appeared first on High Times.



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Monday, January 9, 2023

What’s up with weed delivery in New York?

New York officially kicked off its recreational cannabis industry on Dec. 29, but only one licensed dispensary is open. Delivery is set to start soon—here are the facts so far.

The post What’s up with weed delivery in New York? appeared first on Leafly.



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Should you use cannabis when you have a cold or flu?

Is it safe to smoke cannabis if you’re wheezing and coughing? Learn more about whether weed will help or harm when you’re struck with a cold or flu.

The post Should you use cannabis when you have a cold or flu? appeared first on Leafly.



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New York’s Cannabis Retail Dispensary Regulations, Part 4: Advertising and Branding Your Dispensary and Products

Welcome to Part 4 in our series on New York’s Cannabis Retail Dispensary Regulations. For prior posts in this series, check out the following:

The Regulations

As many readers will recall, on October 28, 2022, the Office of Cannabis Management (OCM) released its “Guidance for Adult-Use Dispensaries” (the “Regulations”). The Regulations are promulgated to provide guidance for Conditional Adult-Use Retails Dispensary (CAURD) licensees and applicants.  Today, we wanted to give you a rundown on the how a Licensee’s products and dispensary can be advertised, branded, and packaged in accordance with the Regulations.

The information contained in the Regulations is a mix of substantive requirements, operational guidance, and insight into the OCM’s plans for the issuance of licenses and operation of New York’s cannabis industry.  As part of our series explaining and detailing the Regulations, this post is to provide licensees with guidance on the best practices for training employees working at your retail dispensary.  Of course, this post cannot go into each and every detail of the Regulations, however, this post should serve as a basis for your knowledge going forward and as usual, we encourage you to review the Regulations and consult with an attorney.

Dispensary name

Licensees may operate under a “doing business as” name, and do not need to operate as X Y Owner LLC. However, licensees cannot misrepresent their business as a medical cannabis dispensary and cannot describe the type of service or class of products sold, including by using the terms “drug”, “medicine”, “doctor”, or “pharmacy.” Additionally, to date, Licensees are also prohibited from representing their business as producing or selling “organic” or “craft” products.

Advertising and branding

The biggest points of emphasis in the Regulations are to prevent sales to those under 21 years old and prevent licensees from advertising their dispensaries as a pharmacy or drug store with products with health benefits. The Regulations specifically provide for certain prohibitions on labeling, packaging, advertising and marketing that would make a dispensary or cannabis attractive to individuals under 21.

Such prohibitions on labeling, packaging, and advertising include, but are not limited to:

  • Images of individuals who could reasonably appear to be under 21 years old;
  • Cartoons;
  • Bubble type or other cartoon-like font;
  • Bright neon colors;
  • The word or candy or candies;
  • Symbols, characters, public figures, toys, or games that are commonly used to market products to individuals under 21 such as cookies, candies, and soda to name a few; and
  • Parodies of commonly known food or beverage products like Reefer’s Peanut Butter Cups or the recently seen on the streets of Manhattan – Star Buds with a logo similar to Starbucks.

That last point warrants a comment. Parodies would not only present an issue for the OCM, but could also expose licensees to trademark infringement lawsuits due to the likelihood of confusion, and dilution or tarnishment of their product.

Licensees are also prohibited from advertising any health claims about their dispensary and/or products. This prohibition covers any claim made on the retail package or in the marketing or advertising of a cannabis product — expressly or by implication, including written statements, symbols, or branding — that characterizes the relationship of any cannabis product to a disease or health-related condition or symptom.

Lastly, licensees must ensure that no cannabis products are displayed in an area that is visible from outside the dispensary; and that no advertisement can be seen from a school ground, childcare center, playground, public park, or library (unless it is a permitted outdoor sign). It is not clear how the OCM will determine “visibility” or how licensees can measure such visibility. Will the OCM send a representative out to the dispensary? And walk to the nearest location as described above, to see if they can read the sign or will it be measured by distance? These are open questions without guidance.

The post New York’s Cannabis Retail Dispensary Regulations, Part 4: Advertising and Branding Your Dispensary and Products appeared first on Harris Bricken Sliwoski LLP.



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Minnesota Dems Introduce Legalization Bill

Democratic lawmakers in Minnesota wasted no time in their efforts to legalize recreational marijuana in the state this year, as they introduced a bill on Thursday that would do just that. 

The legislation, spanning 243 pages, “would set up a regulatory framework and permit cannabis use for any reason for people 21 and older,” according to Minnesota Public Radio, which noted that legal “marijuana sales and use would begin within months of passage of [the bill].”

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference on Thursday at the state capitol in St. Paul, as quoted by Minnesota Public Radio. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Local news station WCCO reports that the proposal would “legalize the purchase, sale and use of recreational cannabis for Minnesotans 21 or older,” and would also “expunge low-level cannabis convictions, which Democrats say is an equity issue because Black residents are disproportionately arrested for possession, according to data from the ACLU.”

“We designed this bill to address the wrongs of prohibition, to bring people out of the illicit market and into a regulated market, which means that we tried to not have a really high tax on cannabis so that it can compete,” said Democratic state House Rep. Aisha Gomez, as quoted by Minnesota Public Radio.

Democrats there are bullish that this will be the year Minnesota joins the dozens of other states to end the prohibition on pot. 

“I believe 2023 will be the year we legalize adult-use cannabis,” Stephenson said at the press conference on Thursday, as quoted by WCCO.

Stephenson is right to be confident about the bill’s prospects. Democrats won back control of the state Senate in November’s elections and retained their majority in the state House. The state’s Democratic governor, Tim Walz, also secured re-election last year, and has long championed cannabis legalization. 

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet on Thursday

The move by state Democrats on Thursday was telegraphed by one of Walz’s predecessors. 

Following the November elections, former Minnesota Gov. Jesse Ventura said that Walz pledged to him personally that Democrats would get legalization over the line in 2023. 

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

There is reason to believe that voters in the Land of 10,000 Lakes are ready for legalization, too.

A poll released in September found that 53% of voters in Minnesota support legalizing recreational pot use, while only 36% of voters there said they were opposed.

Minnesotans don’t have to wait for the bill’s passage to get a fix though. A law that took effect last summer authorized the sale of food and beverages containing a small amount of THC.

The post Minnesota Dems Introduce Legalization Bill appeared first on High Times.



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Analysis: Adult-Use Cannabis Leads to Economic Improvements, More Jobs

Opponents of recreational cannabis legalization have argued that increased cannabis use could diminish motivation, impede cognitive function and harm health, ultimately affecting the economic wellbeing of adults. However, an analysis published by the National Bureau of Economic Research finds the opposite is true: Legalization of adult-use cannabis is actually associated with economic improvements and increased job opportunities.

Researchers at San Diego State University and Bentley University performed the study, which they said is the first to explore the impacts of recreational cannabis laws on employment, wages and labor market outcomes of working-age individuals. They used data from the 2002-2020 Current Population Survey Merged Outgoing Rotation Groups, along with various difference-in-difference approaches including TWFE and Callaway and Sant’Anna estimators.

Ultimately, the researchers said they found “little evidence that RMLs [recreational marijuana laws] adversely affect labor market outcomes among most working-age individuals.”

Rather, they found evidence of “modest increases” in employment and wages, especially among those over the age of 30 (often shorter-run gains), younger racial/ethnic minorities and those working within the agricultural sector. 

“These results are consistent with the opening of a new licit industry for marijuana and (especially for older individuals) a substitution away from harder substances such as opioids,” researchers said.

The working paper’s introduction begins with two contrasting quotes from Elon Musk and Seth Rogan—Musk’s quote, “I’m not a regular smoker of weed … I don’t find that it is very good for productivity,” and Rogan’s, “I smoke a lot of weed when I write.”

The paper’s focus was not on cannabis and productivity among individuals, though a number of recent studies have explored that question with conflicting results. One 2022 study concluded cannabis use has no effect on motivation, though a 2016 study suggested improved performance and cognitive function for cannabis users. Others have concluded cannabis use could indeed lead to lower motivation.

Instead, this analysis explored broader economic trends following recreational cannabis legalization. Ultimately, the authors said that cannabis reform has introduced a new industry, which ultimately creates jobs and opportunities for the working class. 

In addition to the bustling job opportunities, researchers said that legal cannabis access keeps more people away from other substances, like opioids or heavy alcohol use, that can lead to negative effects on productivity. They also note that, if cannabis is effective in improving physical or psychological health symptoms, these improvements could also work to generate “positive labor market spillovers.” 

With legal cannabis, there is also reduced criminalization surrounding possession, once again allowing for better labor market outcomes, especially among young Black and Hispanic men, who have “disproportionately suffered diminished labor market opportunities due to having a criminal record,” researchers said.

Due to the relatively new market, researchers said the study was limited simply based on the limited period available to analyze. 

“Longer-run labor market effects may differ as we learn about the effects of RMLs on cognitive development and human capital acquisition of those under age 21, which could take time to unfold and be reflected in market level effects on productivity, wages, and/or employment,” they concluded. “Moreover, the labor market effects of reductions in criminal records could also take time to unfold.”

Researchers also said that it’s difficult to confirm how the new legal industry will evolve over time, citing the initial COVID-19 period as a “dramatic increase” for cannabis sales and the period following it “one of dramatically declining sales.”

“Nonetheless, our findings answer some important early questions about the economic consequences of recreational marijuana legalization,” authors said.

Previous studies have confirmed an association between recreational cannabis laws and increased employment levels among older adults. Data compiled last year by Leafly and Whitley Economics also shows the cannabis industry added more than 100,000 new jobs in 2021 and employed more than 428,000 full-time workers at the time of its release.

The post Analysis: Adult-Use Cannabis Leads to Economic Improvements, More Jobs appeared first on High Times.



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Study Reveals California Law Enforcement More Likely To Arrest Black Teens

An annual report published on Jan. 1 by the Racial and Identity Profiling Advisory Board (RIPA) made many observations about California’s law enforcement officers. This is the sixth report since RIPA was formed in 2016, which collects data about general policing and ways to eliminate unlawful practices.

“Over the past four years, the data collected under the Racial and Identity Profiling Act has provided empirical evidence showing disparities in policing throughout California,” the report states. “This year’s data demonstrates the same trends in disparities for all aspects of law enforcement stops, from the reason for stop to actions taken during stop to results of stop.”

The report spans stop data that occurred between January 1, 2021 to December 31, 2021, and analyzes information from 58 law enforcement agencies and the negative impacts of citizen interactions with police, with a focus on youth.

In the 2021 timeframe, more than 3.1 million stops were reported. In terms of “perceived” race or ethnicity, police agencies states that 42.2% were Hispanic/Latine(x), 30% white, 15% Black, 5.3% Asian, 4.8% Middle Eastern/South Asian, 1% multiracial, 0.5% Pacific Islander, and 0.3% Native American. Additionally, 72.1% were cisgendered male and 27.5% cisgendered female, making up 99.7% of all stops.

Reasons for a law enforcement “stop” include either a traffic violation (86.6%), or a reasonable suspicion of being engaged in criminal activity (10.5%). Black individuals had the highest percentage of stops in regard to “reasonable suspicion” at 16.2%, but also the lowest proportion of stops for traffic violations (80.5%).

The RIPA Board found that Black and Hispanic/Latine(x) individuals were more likely to have force used against them compared to White individuals. Black teens between the ages of 10-14 and 15-17 experienced the highest rate of being searched by police (20.1%), detained (17.9%), and handcuffed (15.4%), and “removed from a vehicle by order” (7.6%).

Black adolescents were detained curbside or in a patrol car 36.2%-44.5% of the time, searched 39.9%-42.4% of the time, handcuffed 33.5-36.5% of the time. Ultimately, this data shows that teens who are perceived to be Black were searched six times the rate of White adolescents, and those perceived to be Hispanic/Latine(x) were searched four times more.

The interactions that teens have with law enforcement, including repeat interactions, impact those individuals’ mental health. “Research shows that the types of contact and frequency of involuntary contacts with law enforcement may have a harmful impact on the individual stopped, triggering stress responses, depressive symptoms, anxiety, and other related negative mental health impacts,” the report states. “This research suggests that racial and identity profiling goes beyond the criminal legal system and policing; it is also a critical public health issue.”

“Based on the research, the Board believes that public health officials and policymakers should treat racial and identity profiling and adverse policing as significant public health issues. It is imperative to recognize that police interactions can negatively affect the mental and physical health of individuals who are Black, Hispanic/Latine(x), Indigenous, and people of color. Doing so could help significantly reduce the high stress, community fragmentation, and poor health outcomes among community members who experience targeting of their neighborhoods and aggressive policing practices. Given this, adequate resources should be invested to understand and address the health implications of racial and identity profiling.”

This report covers a variety of information relative to the discussion of how law enforcement abuses the system through pretextual stops or searches, an act where an officer stops an individual for a minor violation in order to closer “investigate a hunch regarding a different crime that by itself would not amount to reasonable suspicion or probable cause.”

While the report does not specifically delve into details in regards to cannabis, The Washington Post published a story in October 2022 about the racial disparities in law enforcement in Virginia. Although the state legalized adult-use cannabis in July 2021, the article put a spotlight on how Virginia police are still more likely to arrest Black people more than White people for cannabis-related offenses.

An analysis of cannabis arrests by the New York Police Department (NYPD) in 2020 showed that 94% of all cannabis-related arrests impacted people of color. Overall, cannabis arrests by the NYPD in 2022 have been reduced, but arrests were still higher for those perceived as Black or Hispanic.

In April 2020, the American Civil Liberties Union (ACLU) published an extensive report showing the disparity of arrests for Black individuals, showing that arrests are still widespread and racial disparities are still common throughout the country, both in states with legal or decriminalized cannabis.

The post Study Reveals California Law Enforcement More Likely To Arrest Black Teens appeared first on High Times.



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