Grow Life 420

Michigan Governor Gretchen Whitmer (D) signed a bill into law Thursday that would expand the pool of individuals who are eligible to receive medical marijuana business licenses.

House Bill 4295 removes the ban on those with previous felony and misdemeanor marijuana convictions from participating in the legal medical marijuana industry.

The measure would still prohibit licensure for those who were convicted of offenses related to selling marijuana to a minor.

The new law takes immediate effect.

New regulations took effect in Washington state this year also allowing those with either felony criminal records or multiple misdemeanors to be considered for marijuana business licensure. Other measures in Vermont, Illinois, and Colorado, were recently enacted in efforts to reduce barriers of entry for those seeking to participate in the legal marijuana industry.

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The New York Department of Labor announced that employers are now prohibited from testing their workers for the presence of marijuana.

Employers will still be allowed to take action against an employee who is impaired on-the-job, but only if an employee “manifests specific articulable symptoms of impairment.”

Under the guidance, a positive drug test for marijuana does not constitute an “articulable symptom of impairment,” and neither does the odor of marijuana.

According to Quest Diagnostics, “New York is the first state to essentially prohibit cannabis testing in all but narrowly defined situations.”

In 2019, New York City enacted local policies limiting situations where those seeking employment or on probation may be drug tested for past cannabis exposure.

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Mississippi legislators are still waiting for Governor Tate Reeves (R) to call a special session to enact legislation regulating medical marijuana access in the state.

It’s been weeks since the initial request, and the governor continues to stall.

After lawmakers sent him a draft proposal, which would allow qualifying patients with certain debilitating conditions to access medical marijuana products and herbal cannabis from licensed facilities, Gov. Reeves requested a number of changes, several of which were made. Lawmakers remain opposed to Reeves’ request to reduce the quantity of medical marijuana that non-physician healthcare practitioners, such as nurses, physician’s assistants, and optometrists, should be allowed to recommend. 

House and Senate leaders say they have the necessary votes in both chambers for passage, but only the Governor has the authority to call a special session and set the agenda.

Patients deserve timely access to medical marijuana. Send a message to Governor Reeves urging him to call a special session to order now. 

After you send Gov. Reeves an email, call him at 601-359-3150 and urge him to convene a special session immediately! Feel free to use the script below:

“Hi, my name is [YOUR NAME] and I am a constituent from [CITY]. I am calling to urge the Governor to convene a special session immediately to enact medical cannabis access legislation. Mississippi patients deserve this access now, and over 70 percent of voters mandated this policy change at the ballot box. Thank you.“

In November 2020, 73 percent of Mississippi voters decided in favor of Initiative 65, which would have established a system of state-licensed dispensaries to begin retail sales of cannabis and cannabis products to patients with a doctor’s authorization. However, the state Supreme Court ruled that the vote was unconstitutional on a technicality and thus voided, because of contradictory language in a state provision that demands an equal number of signatures from Mississippi’s five congressional districts, despite Mississippi only currently having four congressional districts.

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Virginia officials sealed 64,651 conviction records related to misdemeanor marijuana distribution charges since the state legalized marijuana in July.

The state legislature’s Cannabis Oversight Commission made the announcement during a Thursday meeting.

333,886 simple marijuana possession conviction records were previously sealed after the state enacted a measure in 2020 to decriminalize low-level marijuana possession offenses.

Earlier this year, lawmakers enacted House Bill 2113, to establish a process for the automatic expungement of past criminal records for certain marijuana convictions. Expungement (larger sealing in court, local law enforcement, and private databases) of these offenses will occur after the courts implement needed software updates.

Virginia is one of several states in recent months to automatically review and vacate marijuana-specific criminal records. In Illinois, officials have moved to expunge an estimated 500,000 marijuana-related records, California officials have cleared nearly 200,000 records, and New Jersey courts have expunged over 362,000.

In several other states – including Colorado, Nevada, and Washington – public officials granted pardons to tens of thousands of citizens with cannabis convictions. 

More than a dozen states that have enacted legislation explicitly permitting or facilitating the process of having past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view. 

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Members of the New York Cannabis Control Board (CCB) announced that medical cannabis dispensaries in the state can immediately begin providing registered patients with access to medical cannabis flower.

The announcement was made during the body’s first meeting on Tuesday as they work to implement the state’s new adult use marijuana legalization law.

Regulators announced other immediate changes to the state’s medical cannabis program during the meeting, including permanently waiving the $50 registration fee for patients and caregivers, expanding the pool of healthcare providers who can issue recommendations to patients, and increasing the patient supply limit from a 30 day supply to a 60 day supply.

Regulations for home cultivation by registered medical cannabis patients still have not been established. According to the law, regulators were supposed to have done so within six months of the bill taking into effect, a deadline the CCB failed to meet.

Former New York Assembly member and current CCB chair Tremaine Wright, said they are “very committed to drafting these regulations and issuing them for public comments, and expect it to be an agenda item on one of the upcoming board meetings.” No further details were provided during the meeting regarding home cultivation.

If you live in New York, send a message to the Office of Cannabis Management demanding they issue emergency regulations for medical cannabis patient cultivation immediately.

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Earlier this year, Governor Sisolak (D) signed multiple marijuana reform measures into law, some of which took effect on October 1, 2021.

Assembly Bill 158 took effect on October 1, which revises first-time penalties imposed upon minors who possess small quantities of cannabis. It reduces existing penalties — which include up to six-months in jail and a $1,000 fine — to community service. The measure also requires courts to automatically seal records for these offenses if the offender completes the term of their sentence.

Legislation to regulate on-site cannabis consumption spaces also took effect on October 1. Assembly Bill 341 allows adults 21 and older to purchase and consume adult-use cannabis products on-site at any licensed “cannabis consumption lounge.” The bill also provides for reduced license application fees for qualifying social equity applicants.

Assembly Bill 400, which was also signed into law earlier this year, took effect in July 2021. This measure amends the state’s traffic safety statutes so that the operation of a motor vehicle with trace amounts of either THC or its metabolite is no longer a per se violation of law in certain circumstances. 

Separate legislation permitting consumers to obtain cannabis products via curbside pickup took effect in May 2021.

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Governor Gavin Newsom (D) signed legislation into law providing for the use of medical cannabis products within hospitals and other eligible health care facilities.

Senate Bill 311 (a/k/a Ryan’s Law) provides for “a terminally ill patient’s use of medicinal cannabis within [a] health care facility.” The proposal prohibits patients from either inhaling or vaping herbal cannabis products, and restricts the use of any forms of cannabis in emergency rooms.

Senator Hueso, the bill’s lead sponsor, said in a statement, “It is inconceivable to me that, in a state where medical cannabis was legalized more than 25 years ago, those in deepest suffering receiving treatment in our state’s healthcare facilities cannot access this proven, effective, and prescribed treatment. Instead, terminally-ill patients in California healthcare facilities are given heavy opiates that rob them of their precious last moments with family and friends. This is a simple, yet critical, move that will provide relief, compassion and dignity to terminally-ill Californians.”

California NORML Deputy Director Ellen Komp said, “Federal law and various industry regulations continue to impede consumers’ rights to use medical and recreational marijuana, in California and elsewhere. Cal NORML continues to work towards rights of employees and patients to safely and effectively consume cannabis. Cal NORML supporters sent in 750 letters to Gov. Newsom on SB 311 via our Action Alert.”

Lawmakers passed similar legislation in 2019, but it was vetoed by Democratic Gov. Gavin Newsom who expressed concerns that it “would create significant conflicts between federal and state law.” In July, the bill’s sponsor drafted a letter to the US Department of Health and Human Services to inquire whether permitting such use on hospital grounds could jeopardize facilities’ federal funding.

To date, a handful of states — including Connecticut and Maine — have enacted legislation explicitly permitting the use of eligible cannabis products for hospitalized patients under certain circumstances.

The full text of the legislation is available here.

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Legislative leaders in Mississippi have requested that Republican Governor Tate Reeves convene a special legislative session in the coming days to address medical marijuana access.

The request comes after lawmakers last week revealed that they have reached an agreement on a draft legislation to regulate medical marijuana access in the state.

If the Governor agrees to convene a special session, it would likely begin on Friday October 1. 

On Election Day 2020, 73 percent of Mississippi voters decided in favor of Initiative 65, which established a system of state-licensed dispensaries to engage in the retail dispensing of cannabis and cannabis products to patients who possess a doctor’s authorization. However, just prior to the vote, officials representing the city of Madison – including the town’s Republican Mayor – filed suit arguing that the legislature’s failure to update guidelines for petitioners should invalidate the initiative vote. The state Supreme Court eventually decided 6 to 3 to nullify the vote in favor of Initiative 65.

The new legislative proposal being advanced by lawmakers permits qualified patients, including those with chronic pain, to obtain herbal cannabis and other formulations of marijuana from licensed facilities.

Localities would be permitted to opt out of allowing marijuana businesses to operate in their jurisdiction, a provision that differs from that of the voter-approved measure. 

Medical marijuana products are subject to a seven percent sales tax rate, plus an excise tax of fifteen dollars per ounce. Products’ potency will be limited to 30 percent THC for flower products, and 60 percent THC for concentrates.

Due to the tax provisions included in the bill, the legislation requires passage from a supermajority of lawmakers. Nevertheless, House and Senate leaders say that they have the votes necessary in both chambers for passage.

If you live in Mississippi, send a message to Gov. Reeves urging him to convene a special session to address the medical marijuana issue.

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The Office of the District Attorney for Los Angeles County announced its intent to vacate the records of 58,000 local citizens with marijuana-related convictions.

In a statement released today, Los Angeles County District Attorney George Gascón said: “Dismissing these convictions means the possibility of a better future to thousands of disenfranchised people who are receiving this long-needed relief. It clears the path for them to find jobs, housing and other services that previously were denied to them because of unjust cannabis laws.”

Los Angeles officials last year dismissed an estimated 66,000 marijuana-related convictions. The new cases consist of both felony and misdemeanor convictions dating back three decades. 

Officials in several other California counties, including Alameda, Sacramento, Santa Clara, Santa Cruz, San Diego, Nevada, and Contra Costa have taken similar actions. According to statewide data compiled by California NORML, some 200,000 Californians have had their marijuana-related records expunged in recent months.

California is one of several states that is reviewing and vacating marijuana-specific criminal records. In Illinois, officials have moved to expunge an estimated 500,000 marijuana-related records, and in New Jersey, officials have dismissed over 360,000 cases.

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Members of the Kansas City, Missouri city council approved a local ordinance that will prevent pre-employment marijuana testing for most prospective government employees.

Ordinance No. 210627, which was approved with an 11 to 1 vote, says, “It shall be unlawful for the City of Kansas City to require a prospective employee to submit to testing for the presence of marijuana in the prospective employee’s system as a condition of employment.”

Kansas City Mayor Quentin Lucas, who sponsored the measure, said, “Opportunities should not be foreclosed unnecessarily. Glad to see passage of our law eliminating pre-employment screening for marijuana at Kansas City government for most positions. One step of many in becoming a fairer city.”

Certain government positions would be excluded from the protections under this law, such as law enforcement; positions requiring a commercial drivers license; those caring for children, medical patients, disabled or other vulnerable individuals; and positions “where the employee could significantly impact the health or safety of other employees or members of the public.”

Members of the council approved a municipal ordinance last year repealing all local penalties specific to activities involving the personal possession of marijuana. The Kansas City Mayor’s Office has also launched an online system to facilitate the process of pardoning those with low-level marijuana convictions.

Kansas City’s measure is similar to other municipal laws that have recently been enacted in several other cities, including Philadelphia, Atlanta, New York, and Washington, DC, limiting employers’ abilities to drug test certain employees for off-the-job marijuana exposure.

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Governor John Carney (D) signed legislation into law on September 17, 2021 which amends marijuana possession penalties for those under the age of 21.

House Bill 241 allows law enforcement to refer a juvenile to counseling, treatment, or other appropriate intervention services in lieu of a monetary fine.

The bill also removes a provision requiring monetary marijuana penalties to double if unpaid within 90 days.

HB 241 takes effect immediately. The measure was overwhelmingly approved by the legislature in June.

Gov. Carney also signed separate legislation into law in June that facilitates patients’ access to medical cannabis products by expanding the pool of health care practitioners eligible to provide authorizations.

Lawmakers also considered House Bill 150 this legislative session, which would legalize and regulate marijuana sales for adults. The measure failed to receive a vote on the House floor where it would need a supermajority of votes to pass. Further consideration on the bill is expected in 2022.

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The Mississippi Supreme Court ruled 6 to 3 in favor of overturning a November 2020 vote legalizing the production and dispensing of medical cannabis to qualified patients.

On Election Day, 73 percent of Mississippi voters decided in favor of Initiative 65, which establishes a system of state-licensed dispensaries to engage in the retail dispensing of cannabis and cannabis products to patients who possess a doctor’s authorization. Just prior to the vote, officials representing the city of Madison – including the town’s Mayor – filed suit arguing that the legislature’s failure to update guidelines for petitioners should invalidate the initiative vote.

The Supreme Court decision states, “Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court.”

Specifically, state statutes call for petitioners to gather an equal percentage of signatures from five congressional districts.  However, following redistricting in 2000, there are only four congressional districts in the state. Lawmakers since that time have failed to update the statute.

NORML State Policies Manager Carly Wolf criticized the decision. “Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box. Whether or not one supports marijuana reform, Americans should be outraged at these overtly undemocratic tactics, and as a result, the most vulnerable Mississippians will continue to be denied safe access to a therapy that could offer them significant relief from severely debilitating conditions.”

The case is Mary Hawkins Butler v. Michael Watson, Miss., 2020-IA-01199-SCT.

Republican Governor Brian Kemp has signed legislation into law, Senate Bill 195, permitting the establishment of up to 30 state-licensed retailers of high-CBD/low-THC oil products to qualified patients. 

Under a 2015 state law, qualified patients are exempt from criminal prosecution for the possession of oil extracts containing not more than 5 percent THC and an amount of CBD equal to or greater than that amount. However, the law failed to provide any mechanism for patients to obtain low-THC products from a state-regulated producer or provider.

About 15,000 Georgians are registered under the law to qualify for the use of high-CBD/low-THC oils. 

In 2019, lawmakers enacted separate legislation, House Bill 324 (aka Georgia’s Hope Act), establishing a regulatory commission to oversee the eventual “production, manufacturing, and dispensing” of products possessing specified quantities of plant-derived THC and CBD. 

State regulators are expected in the coming months to award licenses to eligible applicants to begin cultivating cannabis and manufacturing oil extract products. Senate Bill 195 permits those awarded production licenses to also possess up to five retail dispensing licenses. 

Members of the Kansas House of Representatives approved legislation, Senate Bill 158, which would regulate medical cannabis access for qualifying patients with their physician’s recommendation.

The measure was approved by House lawmakers by a 78 to 42 vote. It must receive approval from the full Senate before being sent to the Governor’s desk.

SB 158 would allow patients and caregivers to purchase and possess a 90-day supply of medical cannabis at a time, a specific amount to be determined by regulators. Rules and regulations for the program would be established by July 1, 2023. Patients would not be permitted to smoke or vape medical cannabis.

Members of the Alabama House of Representatives approved legislation, Senate Bill 46, which would provide regulated medical cannabis access to qualifying patients with a physician’s recommendation.

House members approved the bill with a 68 to 34 vote. The measure already passed the Senate initially last month. Before being sent to the desk of Republican Governor Kay Ivey, it must go back to the Senate for a final vote to approve House amendments.

SB 46 would permit registered patients to purchase and possess up to “70 daily dosages” of medical marijuana at a time, with each dose at a maximum of 50 milligrams. Patients would not be allowed to smoke, vape, or access candy or baked goods, but formulations such as lozenges, oils, and capsules would be available to patients instead. 

The measure also includes a nine percent tax on medical marijuana sales. Business licensing applications will be available by this Fall.

Members of the Tennessee House and Senate have given final approval today to a measure that will slightly expand the state’s limited low-THC medical cannabis access law.

Currently, only those with intractable seizures are allowed to use and possess medical cannabis products containing no more than 0.9 percent THC.

Senate Bill 118 would expand that list to include those with Alzheimer’s disease; ALS; Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis; Epilepsy or seizures; Multiple sclerosis; Parkinson’s disease; Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and Sickle cell disease.

Senate lawmakers approved SB 118 with a 19 to 12 vote Tuesday, and the House approved the bill Wednesday by a 74 to 17 vote. The bill now heads to the desk of Republican Governor Bill Lee, who is expected to sign it into law.

The measure would also establish a nine member commission to study “federal and state laws regarding medical cannabis” and advise lawmakers on “legislation to establish an effective, patient-focused medical cannabis program in this state upon the rescheduling or descheduling of marijuana from Schedule I of the federal Controlled Substances.” The commission must issue a report to lawmakers by January 2022.

The legislation makes it clear that a medical marijuana program may not operate in Tennessee until marijuana is “removed from Schedule I of the federal Controlled Substances Act.”