CRIMINAL DEFENSE BLOG

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  • Apr 21, 2023
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THE SCUTTLEBUTT FEATURING ARTICLES ABOUT DCC NOTICES REGULATIONS FOR LARGE CULTIVATION PREMISES, MINNESOTA REGULATORS FILE SUIT AGAINST OPERATORS EXCEEDING EDIBLES POTENCY LIMIT AND MORE

In the days of the Armada, a fleet of warships, the scuttlebutt was the rumor or gossip that would spread throughout the ship. Today, Armada Law Corp presents The Scuttlebutt, a daily summery of news articles that people within the cannabis, hemp and plant medicine industries are chatting about along with links to the full articles.

In today’s news:

#californiacannabis – “DCC is providing notice to the public of further modifications to the proposed regulatory action to adopt regulations to implement, interpret, and make specific requirements for obtaining a Large Cultivation License under MAUCRSA and to create a pathway for existing licensees to convert to a Large Cultivation License once the license type becomes available on January 1, 2023. The proposed regulations would also provide a pathway for existing licensees to convert to Medium Cultivation Licenses once the limitation on the number of such licenses that may be held by the same owner expires on January 1, 2023. These further modifications provide changes to the text of regulations previously noticed to the public on June 17, 2022 and August 30, 2022.”

https://mailchi.mp/cannabis.ca.gov/proposed-rulemaking-for-cannabinoid-test-method-and-sops-17000182?e=ae77b3fc0c

#cannabisindustry – “Minnesota regulators on Monday filed a lawsuit in state court against three affiliated companies for allegedly selling cannabinoid-infused edibles that exceeded the state’s potency limits — containing 100 mg of THC instead of the maximum 5 mg — and were unlawfully manufactured to appeal to minors.

The suit was filed by the Minnesota Board of Pharmacy in response to a joint investigation undertaken with the U.S. Food and Drug Administration into defendants Northland Vapor Co. and parent company Wonky Confections LLC, which remains ongoing.

Although the state has not legalized marijuana for adult recreational use, it did enact legislation in July that permits the sale of THC-infused edibles for adults 21 and over, provided the THC is derived from hemp, a federally legal form of cannabis, and individual servings do not exceed 5 mg and packages do not exceed 50 mg.”

https://www.law360.com/articles/1555238/minn-regulators-say-illegal-thc-gummies-appealed-to-kids

#hempindustry – “The governor and attorney general of Kansas are asking a federal judge to throw out the remaining claims in a suit by a cannabis distributor who alleges a state statute banning the sale of certain types of hemp violates the U.S. Constitution’s Commerce Clause, saying there is nothing about the law, or his claims, that impact interstate commerce.

In a motion filed Thursday, the state officials said claims by Murray Dines, owner of Terpene Distribution, are all based on actions taken in Kansas, by Kansas officials against a Kansas resident, so he does not have standing to make claims under the Commerce Clause, which protects and regulates trade between states.”

https://www.law360.com/articles/1554236/kansas-gov-wants-rest-of-hemp-co-s-seizure-suit-tossed

#cannabisindustry – “Since New York legalized cannabis for adult recreational use in the spring of 2021, the state has seen a proliferation in the number of unlicensed smoke shops and storefronts selling marijuana. The sales have sparked “cease and desist” letters from state regulators and, in some cases, law enforcement raids. But some critics argue those actions are not enough to deter unlicensed operators.

Albany lawmakers have resisted efforts to boost criminal penalties for New Yorkers who sell illicit weed — arguing it would go against the premise of the “Marijuana Regulation and Taxation Act,” which seeks to address the harms caused by the drug’s prohibition. Instead, some have proposed going after unlicensed sellers in other ways.

Assemblymember Amy Paulin, a Westchester Democrat, told POLITICO that she will soon introduce legislation in Albany to target unlicensed cannabis sales through an enhanced fine structure, a model similar to that for illegal tobacco sales. It would set a fine of $2,500 for the first violation and $5,000 for the second — amounts which she argued are well above the current fine. A third or subsequent violation, meanwhile, would allow for business seizures.”

https://www.politico.com/newsletters/weekly-new-york-health-care/2022/12/05/considering-a-cannabis-crackdown-00072108

#cannabisindustry – “The levels of THC in marijuana have skyrocketed in recent years, from around 4% to more than 15%, according to a report based on government-seized samples. Not only have marijuana plants been bred to contain more of the psychoactive substance, but an entire category of products known as concentrates are often labeled as having 60% to 99%. The cannabis industry says the products are important for medical users and aren’t always labeled accurately. But there are growing concerns about people stumbling into them by accident — as well as the products’ links to addiction and psychosis.

In Washington state, a scientific report to address the public health challenges of high-THC cannabis was supposed to be kept under wraps until around the end of this year. But last week, a draft was leaked by Cannabis Observer, a publication run by a marijuana advocacy group that includes activists, industry professionals and journalists. It posted excerpts in an online article.

The big reveal? The report recommends policies such as preventing new consumers from starting with such products and calls on companies to give consumers more information. According to the excerpts, the report doesn’t recommend a cap on THC levels, though it suggests that could be more feasible in the future.”

https://www.bloomberg.com/news/newsletters/2022-12-05/how-potent-is-your-marijuana-leaked-report-suggests-new-rules