What is it about weed that dries out the mouth and parches the throat? Learn about cottonmouth and how to stave it off or avoid it altogether.
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A baker’s dozen strains set to bang in 2023.
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The Washington State Liquor and Cannabis Board (“WSLCB”) announced this Wednesday, January 18, that the 30 day window to apply for a Washington Social Equity In Cannabis Retail License will open March 1, 2023.
The WSLCB will reissue 44 retail licenses to qualified applicants that rank the highest on a points scale to “prioritize” applicants. The licenses will be anchored to specific counties. As a refresher, we’ve been following the developments in Washington’s efforts to add Section 570 to Washington Annotated Code (“WAC”) Title 314-55 from the draft rules and their issues, the final (and unchanged) rule, and the recently released, rather unhelpful Disproportionately Impacted Area (“DIA”) mapping tool.
The license application process will be completed electronically on the WA Department of Revenue’s business licensing system, though it is not currently available on the DOR’s website.
To qualify for a license and before being ranked according to the point system, an applicant must be a Washington resident, must own at least 51% of each social equity retail business, and the person or persons owning the business must meet at least two of the following qualifications:
While it is not listed specifically as a qualification, applicants must also submit a “social equity plan” describing how they will meet social equity goals, “applicant’s personal or family history with the criminal justice system, including any offenses involving cannabis” and a “business plan involving partnerships or assistance to organizations or residents with connections or contributions to populations with a history of high rates of enforcement of cannabis prohibition.” WAC 314-55-570(h)((i).
RCW 69.50.335 defines Social equity goals as “(i) increasing the number of marijuana retailer licenses held by social equity applicants from disproportionately impacted areas; and (ii) reducing accumulated harm suffered by individuals, families, and local areas subject to severe impacts from the historical application and enforcement of marijuana prohibition laws.” Having a social equity plan will impact eligibility and ranking so it is important for applicants to put the time in to create one.
Once found eligible according to the criteria above, applicants are ranked in order of priority based on a scoring system.
| Eligibility requirements | Point Scale |
| 1. Lived in a disproportionately impacted area (DIA) | 40 |
| 1a. How long have you lived in a DIA?
5y-10y = 10 points 10+ years = 20 points |
40 |
| 2. Convicted of a drug offense? (Self) | 10 |
| 2a. Convicted of a cannabis offense? (Self) | 40 |
| 3. Convicted of a drug offense? (Family) | 5 |
| 3a. Convicted of a cannabis offense? (Family) | 5 |
| 4. If you were convicted of a cannabis offense, what type of sentence did you receive:
Fine = 10 points Served probation = 20 points Confined to home = 40 points Served time in jail or prison = 80 points |
80 |
| 5. Did you or your family member’s incarceration keep you from getting employment? | 5 |
| 6. Did you lose your home or ability to purchase a home or rent a home as a result of your convictions or arrests? | 5 |
| 7. Is your household income less than the median household income within the state of Washington as calculated by the United States Census Bureau? | 40 |
| 8. Did you own or operate a medical cannabis dispensary or collective garden, licensed as a business, prior to July 1, 2016 (10 points)?
Or Did you own and operate a medical cannabis dispensary or collective garden licensed as a business in a DIA (30 points)? |
10
30 in DIA |
| 9. Have you held or do you currently hold 51 percent majority/controlling interest of a state cannabis (marijuana) retailer license?
No = 10 points Yes = 0 points |
10 |
| TOTAL POINTS (out of 310) |
If a license is be granted, there are license restrictions Washington social equity cannabis applicants should know about. The more heavy-handed (and unnecessary) restrictions are:
These restrictions dramatically reduce the transferability of a social equity license, which are hard to transfer as it is. As we wrote on this issue last year “Many licensees will build their businesses into prosperous enterprises and this rule knee-caps their ability to sell them in the already highly (and unnecessarily) restricted WA market.” The eligibility and ranking criteria have their own issues, but the license restrictions are only going to hurt licensees–the very people the rule is intended to serve.
Applicants who are interested in applying for these licenses can find certain informational materials on the WSLCB website and attend a few upcoming webinars. This process may be made more complex by the possibly of lawsuits being filed to challenge certain aspects of the rule. If that happens, it could freeze or complicate the application process so staying up to date with developments from the WSLCB will be important. As usual, we will also be writing about them here.
The post Washington Social Equity In Cannabis Licensing Window Opens March 1 appeared first on Harris Bricken Sliwoski LLP.
Two Republican state lawmakers in Ohio have introduced a bill to revamp the state’s medical marijuana laws that would create a new state agency to oversee the program and allow more patients to use cannabis medicinally. The measure, Senate Bill 9, was introduced by state Senators Steve Huffman and Kirk Schuring on January 11 and on Tuesday was referred to a legislative committee for consideration. The bill is similar to another proposal from the last legislative session, Senate Bill 261, that failed to gain approval in the Ohio House of Representatives after passing in the Senate in December 2021.
Both pieces of legislation attempt to update Ohio’s medical marijuana law, which was passed by the General Assembly and signed into law in 2016. Under the new bill, a new state agency, the Division of Marijuana Control, would be created as part of the Ohio Department of Commerce to regulate the state’s medical marijuana program. The legislation also creates a 13-member commission responsible for oversight of the new agency and the medical program. Under current law, the state’s medical marijuana program is overseen by the Ohio Department of Commerce, the State Medical Board of Ohio and the Ohio Board of Pharmacy.
“What we’ve found is that many of the growers want to expand and grow more,” Huffman said in a statement quoted by local media. “There’s more growers, there’s more demand. They put an application into the Department of Commerce, and it sits there for 18 months, two years. Hopefully this takes the bureaucracy out of this and streamlines things and make it a better-functioning industry.”
Senate Bill 9 would also add autism spectrum disorder, arthritis, migraines, chronic muscle spasms and opioid use disorder to the state’s list of medical conditions that qualify a patient to use cannabis medicinally. Currently, the list of qualifying conditions includes more than two dozen serious medical conditions including cancer, chronic pain, AIDS, Parkinson’s disease, PTSD and terminal illnesses.
The measure also allows medical marijuana use by patients who have other debilitating medical conditions that can be treated with medicinal cannabis, as determined by their physician. The earlier bill had a similar provision, allowing patients to use medical cannabis if a doctor decides that “the patient’s symptoms may reasonably be expected to be relieved from medical marijuana.”
In a committee hearing on Senate Bill 9 held on Tuesday, Huffman and Schuring told their colleagues that many medical marijuana patients in Ohio are crossing state lines to obtain cannabis from neighboring states with more liberal marijuana laws. As of Januray 1, ore than half of the more than 320,000 patients who have registered in the history of Ohio’s medical marijuana program, only about 164,000 had an active doctor’s recommendation and patient registration, according to information from state regulators.
“The largest dispenser for Ohioans is in Michigan,” Huffman said in testimony Tuesday. “We need to turn that around, and make it more friendly, so people come here and they have a safe, viable product.”
Senate Bill 261 also would have allowed the state’s licensed medical marijuana cultivators to expand their growing operations. Although the provisions to increase the square footage of allowable cultivation space are not included in the new bill, Huffman said he is open to amending the legislation to add the increased growing area.
“In my discussions with Sen. Schuring, we felt this would be a positive move and positive change for the industry,” Huffman said. “At the same time hopefully members of the House will be comfortable with it.”
Ohio lawmakers are also considering a bill that would legalize recreational marijuana in the state. Earlier this month, Secretary of State Frank LaRose reintroduced the proposal, which would legalize marijuana for adults 21 and older and levy a 10% tax on commercial cannabis products. Activists had hoped the measure would appear on the ballot for the November midterm election, but legal challenges caused delays that led to an agreement with state officials to revisit the issue this year. If the state legislature does not approve the measure within four months, the Coalition To Regulate Marijuana Like Alcohol, the group spearheading the legalization effort, can collect signatures to put the proposal before the voters in the fall.
Despite the adult-use cannabis legalization bill, Huffman, who is a physician, said that he is still interested in improving the state’s medical marijuana program. If recreational marijuana is legalized, he said it would create an environment without “much of a medical marijuana industry.”
“This bill, to me, is not so much about the ballot initiative, but to make the industry as best as we can,” Huffman said.
Trent Woloveck, the chief strategy officer of Jushi, a vertically integrated, multistate cannabis operator that last week opened Beyond Hello Cincinnati, the company’s first medical marijuana dispensary in Ohio, called on state lawmakers to approve Senate Bill 9 in a statement to High Times.
“If passed, SB 9 will make safe, tested medical cannabis products accessible to more Ohioans by expanding qualifying conditions, authorizing additional administration forms and codifying mechanisms to allow responsible, incremental industry growth,” said Woloveck. “Ultimately, the changes proposed in SB 9 will facilitate a stable supply chain, reduce product prices and generally benefit Ohio patients.”
Senate Bill 9 has been referred to the Senate General Government Committee for consideration. At a hearing on Tuesday, the Republican chair of the panel, Senator Michael Rulli, said that the committee would move quickly on the bill.
The post Ohio Lawmakers File Medical Cannabis Revamp Bill appeared first on High Times.
A chorus of experts are growing concerned about the prevalence of candy-flavored cannabis products and other flavors that appeal to children in states with legal cannabis.
Part of the uproar was spurred when a New York official showed a watermelon-flavored cannabis edible product to the local media amid the state’s first days of adult-use cannabis sales, taking place earlier this month.
The Associated Press reports that pressure is mounting to address the way cannabis products allegedly target children, with several individuals chiming in with expertise in epidemiology and tobacco control research.
“We should learn from the nicotine space, and I certainly would advocate that we should place similar concern on cannabis products in terms of their appealability to youth,” said Katherine Keyes, a professor of epidemiology at Columbia University.
“If you go through a cannabis dispensary right now,” she said, “it’s almost absurd how youth oriented a lot of the packaging and the products are.”
New York’s adult-use cannabis market recently kicked off. The state’s adult-use law bans marketing and advertising that is designed in any way that appeals to children or other minors.
But the state’s Office of Cannabis Management (OCM) has not yet established defined rules on labeling, packaging, and advertising. What would a ban look like? Some concepts would ban images of food, candy, soda, drinks, cookies, or cereal on packaging. OCM officials believe these images could appeal to minors.
“Consumers need to be aware—parents need to be aware—if they see products that look like other products that are commonly marketed to kids, that’s an illicit market product,” said Lyla Hunt, OCM’s deputy director of public health and campaigns.
But when OCM Chief Chris Alexander showed a watermelon-flavored edible product to the media at New York’s first licensed adult-use cannabis store, people’s heads were rolling.
Per New York law, minors caught in possession of cannabis face a civil penalty of a maximum of $50. Licensed cannabis retailers who are caught selling to minors face fines and the potential loss of their licenses, but no jail time.
“When you’re talking about strawberry-cheesecake, or mango, or cookies-and-cream flavors, it’s very difficult to argue that those are for older adults,” said Dr. Pamela Ling, the director for the Center for Tobacco Control Research and Education at the University of California in San Francisco.
“Folks who consider themselves to be more like cannabis aficionados,” she said, “would say that smoking a flavored cannabis product is like putting ketchup on your steak.”
“Won’t somebody please think of the children?” Helen Lovejoy said on The Simpsons. Most adults store cannabis products in a place that’s out of reach from children and teenagers.
Similar bans on flavored tobacco products have taken place in numerous states over the last few years. The same hysteria has made its way into the cannabis industry.
California’s ban on flavored tobacco products took effect just weeks ago. The state’s particular ban went further to ban menthol cigarettes.
In Massachusetts in 2019, members of the state’s House of Representatives voted to prohibit the sale of flavored tobacco and vape products. And that’s not all. The vaping products that remain legal will be subject to a whopping 75 excise tax.
In Oregon in 2019 as well, Gov. Kate Brown moved to ban flavored vape cartridges. But then the Oregon Court of Appeals sided with Dyme Distribution, a cannabis company that’s suing the state over its ban on cannabis vaping products.
Cigarette use has fallen out of favor among teens, but the use of e-cigarettes and vapes has risen. The new focus on regulation is falling upon cannabis products.
The post Critics Blame Flavored Cannabis Products for Targeting Kids appeared first on High Times.
On Jan. 18, a signing ceremony was held to document Gov. Albert Bryan Jr. signing The Virgin Islands Cannabis Use Act (Act 8680), and proclaiming that anyone who has been convicted with simple cannabis possession is invited to apply for a pardon.
“From the beginning of the Bryan-Roach Administration, we have worked towards the legalization of the adult use of cannabis, and today, with the hard work of the members of the 34th Legislature and prior Legislatures and the efforts of my team, we are finally here and finally signing into law the Virgin Islands Cannabis Use Act,” Bryan said in a press release. “This Act incorporates key aspects of my original proposal, such as one streamlined regulatory scheme for both medicinal and adult use, enforcement powers for the Office of Cannabis Regulation, entrepreneurship and job opportunities for Virgin Islands residents, and the creation of a revenue stream to help fund critical Government initiatives and operations.”
The law allows adults over 21 to possess up to two ounces of cannabis, 14 grams of concentrates, and one ounce of cannabis products (defined as edibles, ointments, or tinctures). It also includes the requirement to create an Office of Cannabis Regulation, limitations on business licenses and permits, allowances for those who use cannabis as a sacrament, direction for cannabis sales tax funds to benefit community programs, and more.
At the ceremony, Bryan mentioned his experience traveling to Colorado in November with a number of other lawmakers to see firsthand how the cannabis industry thrives. “By traveling to Denver and meeting and speaking with individuals involved in all aspects of the industry from regulators, to law enforcement officers, to cultivators, manufacturers and dispensary owners, it is my hope that the individuals involved with the roll-out of this industry have learned best practices and what to avoid as we work to create this industry in the Virgin Islands,” Bryan continued.
He also addressed President Joe Biden’s announcement from October 2022 regarding expungement for citizens who were convicted of simple cannabis possession. “Today, I proclaim that all criminal convictions for the simple possession of marijuana under the Virgin Islands Code are fully and completely pardoned,” Bryan announced. “My office estimates that approximately 300 individuals have been convicted of the simple possession of marijuana in the last 20 years.”
Anyone convicted with simple cannabis possession in the U.S. Virgin Islands may now apply for a pardon with the Depart of Justice. For those who were convicted of up to two ounces of cannabis, the Virgin Islands Cannabis Use Act and the Expungement Act automatically expunges their record. However, Bryan recommends that the best way to ensure that the expungement goes through is to apply anyway. “Don’t wait for the opportunities to come to you, go out and grab them,” he said.
Like many states, it has taken some time for the U.S. Virgin Islands to establish both a medical and adult-use program. While residents voted to legalize medical cannabis in 2014, it wasn’t until 2019 that Bryan signed the act into law. Draft rules for the territory’s medical cannabis program were published in August 2022.
On Dec. 30, 2022, the U.S. Virgin Islands Senate passed Act 8680 bill in a 11-1 vote. The bill made its way to Bryan’s desk on Jan. 9, allowing him 10 days to make a decision to sign the bill, veto it, or to let it take effect without his signature. Bryan signed the bill just one day before the deadline.
The post U.S. Virgin Islands Legalizes Adult-Use Cannabis appeared first on High Times.
Legal marijuana sales in Connecticut are barely a week old, but lawmakers there are already mulling changes to the new law.
CTPost reports that the opening days of the state’s legislative session have proposed a slate of new regulations over the cannabis program, including “changes to how the state issues cannabis licenses to efforts to further decriminalize the drug and increase safety labeling requirements.”
The proposals, the outlet noted, “have varying chances of successfully becoming law.”
CTPost has more on the various proposals being floated by Connecticut lawmakers:
“House Majority Leader Jason Rojas, D-East Hartford, is proposing changes to the application fees for various cannabis licenses. Instead of a flat rate, application fees would be on a graduated scale and an applicant would have to pay more to submit a higher number of applications. The proposal is aimed at addressing the number of applicants who paid hundreds of thousands of dollars in application fees to improve their chances of winning a license through the lottery. Application fees vary depending on license type and whether the applicant qualifies for social equity status or not. Social equity applicants pay lower fees than non-equity applicants. Another bill introduced by Rojas would allow cannabis businesses to deduct certain expenses from their state tax returns. Several states in recent years have moved to allow cannabis companies to write off expenses on their state tax bills even though the drug is still federally prohibited. Supporters of the proposal said it would enable operators in the marijuana industry to be treated the same as most other businesses, which can write off expenses such as rent, salaries and wages, and advertising costs on their state tax returns.”
According to CTPost, a legislative committee “plans to look at further regulation of cannabis, whether to provide hemp farmers with an expedited pathway to grow recreational cannabis, and consider recommendations from the Social Equity Council, which is responsible for ensuring equity in Connecticut’s legal cannabis market.”
Legal recreational marijuana sales began last week in Connecticut, as seven established medical cannabis dispensaries in the state entered the adult-use cannabis market.
The state’s Democratic governor, Ned Lamont, signed a bill in 2021 that legalized recreational pot for adults in Connecticut.
“That’s why I introduced a bill and worked hard with our partners in the legislature and other stakeholders to create a comprehensive framework for a securely regulated market that prioritizes public health, public safety, social justice, and equity. It will help eliminate the dangerous unregulated market and support a new, growing sector of our economy which will create jobs,” Lamont said after signing the bill into law. “By allowing adults to possess cannabis, regulating its sale and content, training police officers in the latest techniques of detecting and preventing impaired driving, and expunging the criminal records of people with certain cannabis crimes, we’re not only effectively modernizing our laws and addressing inequities, we’re keeping Connecticut economically competitive with our neighboring states.”
Last month, Lamont announced that approximately 44,000 individuals in Connecticut would have their low-level marijuana convictions expunged from their records at the start of the new year.
“On January 1, thousands of people in Connecticut will have low-level cannabis convictions automatically erased due to the cannabis legalization bill we enacted last year,” Lamont said in a statement at the time. “Especially as Connecticut employers seek to fill hundreds of thousands of job openings, an old conviction for low-level cannabis possession should not hold someone back from pursuing their career, housing, professional, and educational aspirations.”
Lamont was elected to a second term in November’s election.
The post Connecticut Lawmakers Propose Changes to Recreational Pot Program appeared first on High Times.
