USA Wrap Up: General, Arkansas, New Jersey, Oregon

GENERAL

Title: In New Interview, Expert Says It’s Unlikely Trump Administration Will Crack Down on Marijuana

Author: Civilized

Date: 1 November 2017

URL: https://www.civilized.life/articles/expert-trump-administration-marijuana-crackdown-unlikely/?utm_source=Civilized+Newsletter&utm_campaign=822476fcf5-EMAIL_CAMPAIGN_2017_01_05&utm_medium=email&utm_term=0_8343e8fe68-822476fcf5-164285333

Extract: John Hudak is an expert on marijuana policy for the Brookings Institution, a non-partisan Washington think tank. In a recent interview with the Las Vegas Sun, Hudak was asked about the possibility that the Trump administration will initiate a crackdown on legal marijuana. He said he doesn’t expect it to happen.

“With every month that goes by, it’s another month that businesses aren’t cracked down on,” Hudak said. “So that, I think, is optimistic for the marijuana industry.”

Hudak also said that although Sessions’ comments about the marijuana industry have been threatening and ominous, the fact that he’s not changed the Department of Justice’s policies towards the drug or initiated any action yet indicates that he understands his views may not be popular amongst the people.

“The attorney general certainly has the authority to start a pretty significant crackdown in recreational states, and (the fact) he hasn’t done that suggests he is serious about thinking through his policy options,” Hudak said. ” I think he’s at least recognizing that his first intuition, which is to crack down, is not necessarily the best idea for him.”

Hudak reiterated that this doesn’t mean that a crackdown won’t happen. But that whatever actions Sessions and the DOJ take against marijuana will not be too drastic to completely change the industry.

 

Title: Weed Could Be Great For You, Government Says, Just Don’t Smoke It

Author: Newsweek ( Thankyou Andrew Sacks SWD)

Date: 1 November 2017

URL: http://www.newsweek.com/fda-commissioner-supports-sound-scientifically-based-research-weed-medical-698707

Extract:  The Food and Drug Administration will not tolerate companies peddling marijuana-based products to treat cancer—at least, not without better evidence.

The agency sent four warning letters on Tuesday to companies selling products online with health claims about cancer, including that the products could stop tumors from growing. Products that were being sold include cannabidiol (CBD) oil, capsules, and edibles, among other things.

CBD is not the compound associated with marijuana’s high—that psychoactive compound is a different chemical, abbreviated THC.

 

Poseidon aims to raise up to $150M for new cannabis fund

 

ARKANSAS

Lawsuit Filed Against Arkansas MMJ Commission Over Initial Application Rejections

 

NEW JERSEY

Title:  N.J. must recognize marijuana’s medicinal value, court says

Author: NJ.com

Date: 31 October 2017

URL: http://www.nj.com/politics/index.ssf/2017/10/nj_court_rules_medical_benefits_of_marijuana.html?mc_cid=5e4757fa40&mc_eid=178dec0b63

Extract: But a groundbreaking decision by a state appeals court on Tuesday said the Christie administration must revisit marijuana’s legal standing under state law because its health benefits are “abundantly and glaringly apparent now.”

A state Appellate Court ruled that Steve Lee, the former director of the Division of Consumer Affairs, had the authority to re-classify marijuana from the “schedule 1” category of the most harmful of drugs. Lee denied a request in 2014 in deference to the 1970 federal law that deemed marijuana as dangerous as heroin and LSD.

THE DECISION – FULL TEXT

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NJ court: Marijuana’s Schedule 1 status must be reviewed

 

OREGON

Title: December 1st Deadline Looms for OMMP Growers, Processors & Dispensaries

Author: OMBC

Date: 31 October 2017

URL: https://oregonmbc.com/december-1st-deadline-looms-for-ommp-growers-processors-dispensaries/

Extract:  The Oregon Medical Marijuana Program (OMMP) has undergone some unfortunate and unnecessary regulations over the past few years, burdening small farmers and hurting sick and disabled patients. Most problematic has been a reduction in the number of plants growers are allowed to cultivate per grow site and rules that require many growers to adhere to tracking policies and allow inspection of their property by Oregon Health Authority officials.

A December 1st deadline looms large for OMMP growers as medical cultivators must let the OHA know their plans for their existing grow sites. The agency just sent out an update regarding the December 1st cutoff date:

Who is required to respond?

Everyone registered with the OMMP as a grower, processor, or dispensary.

What decision is to be made?

Registrants are required to provide notice on a form prescribed by OMMP of their decision to:

  • Remain registered with OMMP, use the Cannabis Tracking System (CTS) and pay an additional fee of approximately $480 (additional info on CTS will be available in early 2018, fee is not due at this time); or
  • Apply for a license with the OLCC.  A complete application must be submitted to OLCC before January 1, 2018or
  • Indicate they are a patient growing for themselves and there are no more than 12 mature plants and 24 immature plants at their grow site. A grow site where a patient is growing for themselves and where there are not more than 12 mature and 24 immature plants at their grow site is exempt from CTS tracking. 

Who will be required to track using CTS?

All growers (except as outlined below), processors, and dispensaries.

Are there exemptions to CTS tracking?

Yes, only for a patient growing for themselves and growing at a grow site where there are no more than 12 mature plants and 24 immature plants is exempt from tracking in CTS.

What happens if I don’t respond or do not follow through with my selection response?

If a registrant does not notify OMMP of their decision by December 1, 2017, the registration will not be renewed.

If the registrant notifies OMMP with their decision to apply to be licensed with OLCC but does not submit a complete application with OLCC by January 1, 2018, the registration will not be renewed.            

Additional Grower Info

All growers at a grow site must collectively make the decision to remain registered with OMMP or move to OLCC and submit only one form to OMMP.  Submitting more than one form for a grow site may result in the grow site not being renewed.

Growers that are not required to use CTS will still be required to report transfers monthly into the OMMP online system as outlined on the reporting webpage.

Some important things to pay attention to. First of all, as the latest OHA update makes clear, the $480 CTS fee is NOT due by December 1st. The state needs time to set up the system for all of the OMMP cardholders first. Tentatively, OHA has stated that OMMP participants will need to sign up with CTS and pay the fee by July 1, 2018. The fee is a yearly fee and should be pro-rated, so it shouldn’t cost a full $480 to comply with the requirement for the rest of your licensed year.

Also, if you wish to remain a patient, you can still grow more than 12 plants at your qualified residence, so long as you, or your caregiver, are registered as the grower for your grow site at your home. I explained how patients can properly set up their grow site to continue to cultivate more than 12 total mature plants in a previous blog. It can be costly changing around OMMP paperwork, but thankfully, the state is waiving change and grow site fees for patient growers impacted by this rule until the first of the year.

Finally, and most importantly, none of the rules and regulations that are imposing unnecessary burdens on growers, mom-and-pop businesses and patients, are set in stone. We have the opportunity to change laws and amend rules in the coming months and years. State Senator Floyd Prozanski, the strongest ally of the medical cannabis community, will be taking questions at the upcoming Oregon Marijuana Business Conference in Ashland on November 19th.

The OMBC will be a great opportunity to take our concerns to a top legislator and network with others in the cannabis community to plan how we can best organize and lobby for Oregon’s patients, medical farmers and small businesses. Groups such as Compassionate Oregon, Right to Grow, and the Oregon SunGrown Growers Guild are all dedicated to protecting and improving the OMMP.

While it is frustrating to have to comply with unnecessary regulations, let’s not abandon patients that need access to a safe medicine that benefits their lives. Let’s continue, as usual, to find ways to work within existing rules and improve the plight of all OMMP participants.

 

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