Wednesday, March 15, 2023

Malaysian Politicians Say Weed-Infused Product Addressed to Them Isn’t Theirs

Two Malaysian politicians—Prime Minister Datuk Seri Anwar Ibrahim and Minister of Economy Rafizi Ramli—laughed off the discovery of a parcel addressed to them that was found to contain a THC-infused toothpaste product, saying they have no idea where the package came from.

On March 10, Sepang District police confiscated a parcel believed to contain a tube of toothpaste infused with THC addressed to two politicians at a courier hub on Pulau Meranti, near Putrajaya. The parcel was sent anonymously, perhaps as a prank.

The toothpaste was labeled “Happy Green” with patterns of fan leaves in green and white, and the item was bought through an online shopping platform with an address in Indonesia.

Minister of Economy Rafizi Ramli held a press conference held in the Parliament building in Kuala Lumpur to discuss the matter. “I just think it’s a waste,” Ramli joked. “Because I don’t take weed.” Both politicians claim they have no idea why the package was addressed to them.

“I don’t know but the parcel was addressed to me and the prime minister,” he said. “Because I don’t take weed so we just give it to the police lah.” Rafizi is also deputy president to Datuk Seri Anwar in Parti Keadilan Rakyat, a component party of Pakatan Harapan. He also addressed a handful of other more serious issues at the press conference, and the case doesn’t appear to be leading to any serious arrests.

Sepang District Police Chief Assistant Commissioner Wan Kamarul Azran Wan Yusof said in a statement that an officer working in the inquiry office of a Ministry had filed a police report regarding the parcel after receiving a tip from a delivery service. According to the chief, on March 10 at approximately 6:30 p.m., two police officers and the informant went to a delivery center in Sepang where the parcel was confiscated.

The case is ongoing as the product is prohibited under the Dangerous Drugs Act of 1952, which bans the possession of raw opium, coca leaves, poppy straw, and cannabis.

Jokes aren’t really funny though for a country that is known for imposing capital punishment for drug-related crimes. Up until less than a year ago, Malaysia routinely sentenced drug sellers to death, even if it’s cannabis for medical purposes.

Fortunately Malaysia’s cabinet agreed on June 10, 2022 to end mandatory death penalty sentences for 12 different kinds of crimes including those involving nonviolent drug offenses. The move comes four years after the government imposed a stay on executions. The reason this is so significant is that most people on death row in Malaysia have been convicted on narcotics charges.

Human Rights advocates in the region are cautiously optimistic. However, Phil Robertson, deputy Asia director for Human Rights Watch, said at the time that there should be no celebrating until the changes are codified in legislation.

According to information provided by the government as of February of this year, 1,341 people were on the Malaysian death row—and 905 of those people were convicted of “drug trafficking.”

On August 30, 2016, a judge in Malaysia sentenced Muhammad Lukman Bin Mohamad to death after the judge found Lukman guilty of breaking the country’s notoriously strict anti-cannabis laws.

According to local news sources in Malaysia, Lukman was arrested when authorities discovered just over three liters of cannabis oil. Additionally, he was found in possession of 279 grams of compressed cannabis. Specifically, he was found guilty of breaking Malaysia’s Dangerous Drugs Act of 1952.

The post Malaysian Politicians Say Weed-Infused Product Addressed to Them Isn’t Theirs appeared first on High Times.



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Tuesday, March 14, 2023

NYC cannabis etiquette: How to behave in an dispensary without feeling weird

Cash or card? Can I roll up out front? Are they collecting my data? Here are Leafly's FAQs for NYC's first-time legal weed shoppers.

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New York’s Adult Use Cannabis Processor Licenses

Continuing our series on New York’s cannabis rules and regulations, we’re breaking down everything you need to know about New York’s cannabis processor licenses (check out our other posts in the series here, here, here, and here). Because there is so much information packed into the regs, we’re doing this FAQ style.

What are the processor license types?

There are several different processor license types, which can be combined with a cultivation and/or distribution license. The processor license types are:

  • Extraction
  • Blending and infusing
  • Packaging and labeling
  • Branding, including for the exclusive performance of white labeling agreements

What are processor licensees authorized to do?

All processor licensees are authorized to acquire, possess, and sell cannabis from a licensed cultivator to duly licensed processors and distributors. These are the allowable cannabis product types:

  • Topicals
  • Edibles (provided that the edible is not in a s shape considered attractive to individuals under 21 years old). Edibles include:
    • Gummies
    • Capsules
    • Beverages
    • Tablets
    • Tinctures
    • Baked goods
    • Chocolates
  • Vape cartridges or single-use pens
  • Concentrates, such as shatters, waxes and resin
  • Cannabis flower products, including whole flower, ground flower, shake and pre-rolls
  • Cannabis extracts for intermediary sale
  • Other products that are submitted to the OCM for approval

The regulations prohibit numerous product types:

  • Products that contain liquor, wine, beer, cider or any other alcoholic beverage
  • Products that contain tobacco or nicotine
  • Products that exceed the maximum THC per serving and per package limits
  • Products that are attractive to individuals under 21 years old
  • Products that contain synthetic cannabinoids
  • Products that contain artificially derived phytocannabinoids
  • Products that require manufacturing under sterile conditions
  • Products that are considered potentially hazardous foods
  • Products that contain any non-phytocannabinoid ingredient that increases potency, toxicity or addictive potential, or that would create an unsafe combination with other psychoactive substances (the regulations expressly carve out products that contain naturally occurring caffeine, such as coffee, tea or chocolate
  • Products that are manufactured by application of phytocannabinoid concentrate or extract to commercially available candy or snack food items without further processing the product
  • Products that are in the shape of, or imprinted with the shape of a human being, animal, insect or fruit, or is otherwise attractive to individuals under 21 years old
  • Products in the form of an injectable, inhaler, suppository, transdermal formulation, or any other form not permitted by the OCM, including a form allowed solely for medical cannabis use

So there are maximum THC levels (you were reading carefully!)?

Yes! If the products is in an orally ingestible form, the maximum potency is 10 mgs of total THC per serving and 100 mgs total THC per package. Tinctures must comply with the 10 mg THC per serving limit, but can have up to 1,000 mg total THC per package.

Can I apply for other licenses?

Yes, a processor license and one distributor license. A processor or its true parties in interest (TPIs) can also be TPIs of a cultivator, distributor, cooperative, microbusiness, or ROND license.

Non-ownership interests (i.e., landlords, financiers, or goods and services providers) are permitted for processor licensees, but no direct or direct interests are permitted for retail dispensaries, on-site consumption, delivery, ROD, ROS, or cannabis laboratory licensee or permittees.

What are the license fees?

It depends on the processor license type:

  • For extraction, infusing and blending, and packaging, labeling and branding, the license fee is $7,000 per processing premises.
  • For infusing and blending, and packaging, labeling and branding, the license fee is $4,000 per processing premises.
  • For packaging, labeling and branding, including for the exclusive performance of a white labeling agreement, the fee is $2,000 per processing premises, provided that if the application is part of an application for a Tier 1 or Tier 2 Cultivation license of any cultivation type, the license fee is $500.

Anything else I should know?

Processors are allowed to process cannabis grown by a licensed cultivator without taking ownership of the cannabis. Branding or white labeling agreements with a licensee’s TPIs or another licensee is allowed, as long as the licensee is not otherwise prohibited by the regulations.

Given the different types of processing licenses, it is important to note that a processor is only permitted to conduct the activities listed on its application (or any amendments) as approved by the OCM.

Conditional processors that remain are in “good standing” with OCM can apply and pay for a full processor license, and the OCM is required to give priority to such applications (including an application to add a distribution license).

In addition to these “general” application and operational rules, the regulations include a slew of manufacturing and real estate requirements, which we will dive into in later posts. As for all of our summaries of the adult-use rules and regulations, this is only a high-level summary. We, as always, strongly advise that anyone who intends to apply for a cannabis processor license consult with a knowledgeable, local cannabis attorney. Stay tuned for the next post in our series on New York’s adult-use cannabis rules and regulations!

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Doctor on TikTok Says Be Honest About Smoking Weed Before Anesthesia

In a TikTok video posted on March 10, influencer and doctor Kunal Sood M.D. warned that people who need anesthesia and who smoke pot should disclose that information because of real interactions that can occur. A higher dose of medication may be required for people who smoke regularly, and it’s in the patient’s best interest to plan accordingly.

LAD Bible reports that one doctor is trying to bring light to an issue related to cannabis consumers that has basis in fact—not just a typical scare tactic you may hear from other sources.

“Did you know if you do cannabis (marijuana) long term you will require a higher dose of anaesthesia to achieve the same effect,” his TikTok video reads. “Make sure you tell your anaesthesiologist if you smoke or consume cannabis.”

It’s a simple five-second video, and the doctor simply nods his head in approval, but the video gained over 10 million views at the time of writing. Sood is a double-certified pain doctor and CMO of Avenir Nutrition. He uses comedy and facts to inform people about health issues.

Simply discussing cannabis use with a doctor can make a big difference in their decision for your dose of medicine. The doctor is not suggesting the people quit completely, but simply be honest with their doctors.

In a nutshell, if you consume cannabis regularly, then you will probably need to have a larger dose of anesthesia than someone else in order to be unconscious for your operation and stay unconscious. In the worst case scenario, that could mean not fully knocking out. Waking up during surgery sounds genuinely like one of the all-time worst experiences that a person could have.

It turns out that most experienced anesthesiologists say the same thing. Sometimes it’s recommended to abstain from cannabis for a certain amount of days prior to surgery based on these potential interactions.

Harvard David Hepner, MD, MPH, issued a similar plea in 2020, saying that he’s seeing more people who need different amounts of anesthesia because they consume cannabis.

“The way(s) you use marijuana (smoking, edibles, etc.), how often you use, and how much all can affect how your body responds to anesthesia,” Hepner wrote. “Since marijuana and anesthesia both affect the central nervous system, people who use marijuana regularly may need different amounts of anesthesia medicines. In order to know which medicines and how much to use, your doctor needs to know ahead of time how much and how often you use marijuana.”

The American Society of Anesthesiologists (ASA) has a list of eight things that you should tell your physician and anesthesiologist before surgery, and the use of marijuana is one of them.

Recently, detailed and informed advice on the potential interactions between cannabis and anesthetic medications before, during, and after surgery was released

The first guidelines on cannabis use and the surgery timeline were published on Jan. 3 by the American Society of Regional Anesthesia and Pain Medicine (ASRA Pain Medicine), who acknowledged that up until now there is “no single document” that summarizes all of these concerns.

The guidance is based on known data and recommendations from the Perioperative Use of Cannabis and Cannabinoids Guidelines Committee—a group composed of 13 anesthesiologists, chronic pain physicians, experts, and patient advocates.

The committee answered nine questions and made 21 recommendations.

“While many of the perioperative risks and challenges related to perioperative cannabis, such as how to advise patients preoperatively, the effects of cannabis on anesthetic medications, and the interaction between cannabis, opioids, and pain, have been described in the literature, there is no single document that summarizes all of these concerns and provides evidence-based recommendations,” the document reads.

You might want to listen to what anesthesiologists are saying about cannabis.

The post Doctor on TikTok Says Be Honest About Smoking Weed Before Anesthesia appeared first on High Times.



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Monday, March 13, 2023

What are New York’s employee cannabis drug testing laws?

Looking for information on New York’s weed drug testing laws and policies? Leafly has you covered with a comprehensive guide on cannabis testing, including changes coming in 2023.

The post What are New York’s employee cannabis drug testing laws? appeared first on Leafly.



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Black, Hispanic Patients More Likely To Be Tested for Perinatal Cannabis Use

According to data published in the journal Hospital Pediatrics, patients selected to undergo drug screening during the labor and delivery process for cannabis are disproportionately Hispanic or African American and were also more likely to be on subsidized health insurance plans.

The team of researchers from the American Academy of Pediatrics looked to describe the characteristics of people undergoing toxicology testing at delivery solely for the indication of cannabis use along with evaluating the rate of unexpected positive testing results among the cohort to identify additional social risk factors and clinical outcomes.

The Disproportionate Impact of Perinatal Drug Testing

The retrospective cohort study included dyads with a maternal history of cannabis use who were given peripartum toxicology testing between 2016 and 2020 at five Massachusetts birthing hospitals.


Researchers reviewed a total of 60,608 live births, of which 1,924 dyads underwent toxicology testing. Of that group, 614 (31.9%) were tested for the sole indication of cannabis use. The data revealed that significantly greater patients in the cannabis cohort were less than 25 years old, non-Hispanic Black, Hispanic or Latino and publicly insured.

Specifically, Hispanic patients were twice as likely to be mandated to undergo testing (30.5% vs. 15.5% of the birthing population) and Black patients were four times as likely (32.4% vs. 8.1%). Patients under 25 were more than five times as likely to be mandated for testing (32.4% vs. 6.1%), and those on public healthcare plans were more than twice as likely to be tested for past cannabis exposure (39.9% vs. 15.6%).

Regarding positive results, eight of the 614 dyads (1.3%) had an unexpected positive toxicology test result, including two (0.3%) who unexpectedly tested positive for opioids. Seven dyads (1.1%) also had false positive test results for unexpected substances.

Doctors also rarely took any follow up actions or made changes to the clinical management of patients after they tested positive for cannabis, as just a single test result changed clinical management: monitoring and no medication for neonatal opioid withdrawal syndrome. 

“Toxicology testing of patients for a sole indication of cannabis use, without other risk factors, may be of limited utility in elucidating other substance use and may exacerbate existing disparities in perinatal outcomes,” the study’s authors concluded.

Echoes of Previous Research

The findings are consistent with previous studies. Namely, one study released just last month published in Academic Pediatrics similarly found that younger individuals and people of color were more likely to be tested for cannabis use or maternal medical complications compared to white, non-Hispanic individuals. This study found the disproportionality ratios were greater than 1.0 for individuals under 25 years old (3.8), Hispanic individuals (1.6), non-Hispanic Black individuals (1.8) individuals of other races (1.8) and those with public insurance (Medicaid 2.6; Medicare 10.6). 

While this is one of the most recent studies investigating the topic, a number of studies from years past have found similar figures. One study published in the Journal of Women’s Health reported that Black women and their newborns were 1.5 times more likely to be tested for illicit drugs than non-Black women. 

Another published in the New England Journal of Medicine showed that, even though Black and White women had similar rates of illicit drug consumption during pregnancy, Black women were “reported [to health authorities] at approximately 10 times the rate of white women.”

Drug Use, Drug Testing and Childbirth: A Complex Issue

False positive test results of THC are generally uncommon in adults, they can be fairly prevalent among newborns. For example, a 2012 study found that commonly used soap and wash products used for newborn and infant care, like Johnson’s Head-to-Toe Baby Wash and CVS Baby Wash, often cross-react with the immunoassay test and can cause false positive results for carboxy THC. 

“[The] addition of Head-to-Toe Baby Wash to drug-free urine produced a dose dependent measurable response in the THC immunoassay,” the investigators concluded. “Addition of other commercially available baby soaps gave similar results, and subsequent testing identified specific chemical surfactants that reacted with the THC immunoassay. … Given these consequences, it is important for laboratories and providers to be aware of this potential source for false positive screening results and to consider confirmation before initiating interventions.”

Even though the Hospital Pediatrics study had few follow up actions after positive testing, that’s not always the case. Another study from 2018 notes the importance of considering a number of technical, medical, ethical, legal and social issues when screening pregnant people for drug use. 

Specifically, it cites that birthing people “can and have been arrested for positive drug screens with even preliminary results used to remove children from custody, before rigorous confirmatory testing is completed. Balancing the scientific, medical, public health, legal, and ethical aspects of screening tests for drugs in pregnancy is critical for helping to address this crisis at all levels.”

The study concludes that the medical field largely lacks a good understanding of the pharmacokinetics of drugs in pregnancy. While there is a clear need for testing, authors note that there is a lack of pharmacological knowledge, compounded by a “general misunderstanding of addiction and substance use/misuse within the medical profession” that is further complicated when working with pregnant people and their children. 

The post Black, Hispanic Patients More Likely To Be Tested for Perinatal Cannabis Use appeared first on High Times.



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Breaking Down the Safe Banking Act: Why It Matters for Cannabis Businesses, Financial Institutions and Consumers.

The Safe Banking Act, also known as the Secure and Fair Enforcement Banking Act (SAFE Banking Act), is sorely needed legislation to address the critical issue of financial services being denied to marijuana businesses that operate in the state-legalized industries. We’ve written extensively about the SAFE Banking Act over the past several years. See here, here, here, just to name a few. With another year of Congressional action (or inaction) before us, let’s review the SAFE Banking Act, its implications, and why it matters for marijuana businesses, financial institutions, and consumers.

What is the SAFE Banking Act?

The SAFE Banking Act has been in discussion since 2013. It seeks to provide a legal framework to permit financial institutions to provide banking services to cannabis-related businesses even though marijuana remains federally illegal. Despite the tidal wave of legalization at the state level, financial institutions remain wary of providing banking services to these businesses because of the state/federal conflict of law and these institutions innate risk-avoidant nature.

This has created a situation where cannabis-related businesses struggle to access banking services, leading to predatory arrangements where services are available, an inability to raise capital, and leaving many licensed business to operate entirely in cash. This latter consequence has led to significant security and safety issues for the line-level retail workers and customers of retail cannabis businesses.

The SAFE Banking Act would protect financial institutions that offer services to marijuana businesses from federal prosecution and regulatory backlash. It also ought to eliminate the risk of far-reaching civil RICO lawsuits where a plaintiff seeks to snare a deep-pocketed bank. The SAFE Banking Act would make it vastly easier for cannabis-related businesses to access banking services, reduce their reliance on cash, and create greater transparency for investors, taxing authorities, and regulators.

Implications for the cannabis industry

The SAFE Banking Act would be a significant boon for the cannabis industry. The cash-only nature makes these businesses targets for crime and more vulnerable to robberies and burglaries. It also creates accounting and tax issues and reduces transparency vital when seeking new capital investors or when selling (or buying) a marijuana business. This legislation is crucial for the United States to truly reduce the illegal cannabis market and form a healthy regulated market. But truly achieving these goals also requires reforming the tax code – i.e. the onerous effects of IRC 280e.

Implications for financial institutions

The SAFE Banking Act would do two significant things for financial institutions. One is allowing financial institutions to make money by providing services to marijuana businesses. And to do so without the fear of criminal or regulatory backlash. Unless financial institutions receive legal protections for servicing this industry — and no, the moldering FinCEN memo alone won’t cut it — it is unlikely that they will ever do so.

Implications for consumers

For consumers, the most apparent implication is increased safety. Because these businesses operate entirely in cash, both they and their customers are targets for criminals. Allowing customers to use credit and debit cards to make purchases would reduce the risk and increase safety. A second implication may be reduced prices because cannabis businesses may be eligible for traditional business financing to purchase equipment and so forth instead of relying solely on private lenders and financiers.

What’s next for the SAFE Banking Act?

The SAFE Banking Act has cleared the House with bipartisan support on six occasions but has gone nowhere in the Senate. Perhaps this is the year the legislation finally makes some headway. It is sorely needed.

The post Breaking Down the Safe Banking Act: Why It Matters for Cannabis Businesses, Financial Institutions and Consumers. appeared first on Harris Bricken Sliwoski LLP.



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