A pair of Mississippi lawmakers are hoping to restore the will of their constituents through drafting medical cannabis legislation, which they plan to release next week. If all goes according to plan, a special session could ensue by mid-August.
Mississippians were originally poised to gain access to the benefits of a medical cannabis program after two-thirds of voters passed Initiative 65 in the November 2020 election. The citizen-led ballot measure prevailed over Alternative 65A, a competing measure put forth by the Mississippi Legislature.
Industry advocacy leaders said Alternative 65A was a cynical effort by lawmakers to misdirect voters, and, if they actually wanted to put a medical cannabis program in place, they would have done it legislatively.
“Just like we saw in the 2018 victory in Utah, Mississippi voters have proven that medical marijuana legalization is politically viable in even the most conservative states in the country,” Marijuana Policy Project Executive Director Steve Hawkins told Cannabis Business Times after the 2020 election. “This victory is especially significant considering voters were able to see past the Legislature’s attempt to derail Amendment 65 by proposing a confusing and unnecessary alternative initiative of their own.”
While Mississippi voters prevailed by majority on election night, passage of Initiative 65 was short-lived.
On May 14, the Mississippi Supreme Court ruled that the voice of its people was not enough to influence public policy. Six of nine justices favored striking down Initiative 65 because of a signature gathering technicality stemming from the state’s outdated initiative process that put a five-district requirement mathematically at odds with the political structure of the state’s electorate following the 2000 Census, when Mississippi dropped to four congressional districts.
Despite being silenced by the judicial branch, the people’s voice continues to be noticed by Mississippi legislators.
Republican Sen. Kevin Blackwell, chairman of the Senate Medicaid Committee, and Republican Rep. Lee Yancey, chairman of the House Drug Policy Committee, are now leading the charge to finish the job, as they work on proposals to create a medical cannabis program two months after the Supreme Court decision.
Blackwell and Yancey both said their bill drafts—which they plan to share as early as next week—are similar to Initiative 65, the Northeast Mississippi Daily Journal reported.
“We’ll allow the free market to determine which businesses succeed and what businesses fail,” Yancey told the newspaper. “We’re giving everybody a fighting chance. We’re also trying to make sure that only the people who are suffering with debilitating medical conditions are the ones who get the benefits.”
Earlier this year, Blackwell sponsored Senate Bill 2765, the Mississippi Medical Cannabis Act, which included “trigger language,” meaning it could only be enacted if Initiative 65 was struck down. Nonetheless, that bill died when Mississippi’s 2021 legislative session ended April 1.
Blackwell told the Daily Journal he hopes have a special session by mid-August to take up a medical cannabis measure. But that session would have to be called by Republican Gov. Tate Reeves, who opposed Initiative 65 but has since said he would support honoring the will of the majority of Mississippians by calling for a special session.
However, Tate has repeated said he would only call for a special session if there is an agreement among lawmakers on a legislative proposal beforehand, according to the Daily Journal.
After bill drafts are released in both chambers of the Legislature, Yancey and Blackwell intend to synchronize their measures to meet the governor’s standard.
Adult-Use Cannabis Legalization Effort Begins in Ohio
Coalition to Regulate Marijuana Like Alcohol has submitted signatures for an initiated statute.
Columbus, OH – PRESS RELEASE – Today, the Coalition to Regulate Marijuana Like Alcohol is formally launching its effort to legalize adult-use cannabis by submitting summary language of an initiated statute to the Ohio Attorney General’s office.
“We are proposing to regulate marijuana for adult use, just like we do for alcohol. Our proposal fixes a broken system while ensuring local control, keeping marijuana out of the hands of children, and benefiting everyone,” said spokesman Tom Haren.
For consumers, the proposed law:
Legalizes and regulates the cultivation, manufacture, testing and sale of marijuana and marijuana products to adults aged 21 and up.
Legalizes home grow for adults aged 21 or older with a limit of 6 plants per person and 12 plants per person.
Haren believes everyone should support the robust regulatory and taxation system. While regular state and local sales taxes will also apply, included is a 10% cannabis tax rate on adult-use sales that would be allocated as follows:
36% of the tax will support social equity and jobs programs - if passed, it is estimated this could generate $150 million or more annually for social equity and jobs programs in Ohio.
36% to provide funding for communities who host adult-use cannabis dispensaries - if passed, it is estimated this could generate $150 million or more annually for the communities who have adult-use dispensaries.
25% to fund education and treatment for individuals with addiction issues - if passed, this statute could generate $104 million or more annually to research and treat substance abuse in Ohio.
3% to the Division of Cannabis Control to fund the regulatory and administrative costs of overseeing the adult use cannabis industry.
“Ohioans want this,” continued Haren. “They see marijuana legalization as inevitable. They want our leaders to seize the opportunity and take control of our future.”
“Marijuana legalization is an issue whose time has come in Ohio,” said Haren. “Nineteen states have gone before Ohio and we crafted legislation based on the best practices learned by those that went before us."
Once the Attorney General approves the summary language, the effort will need to collect more than 130,000 signatures to formally send the proposed legislation to the Ohio General Assembly. The legislature will then have four months to consider the proposed legislation. Should they opt not to pass the bill as is, the Coalition to Regulate Marijuana Like Alcohol can collect an additional 130,000 signatures to present the issue to Ohio voters on the November 2022 ballot.
Haren noted that the legislature doesn’t have to wait, however: “We’re ready to work with the General Assembly on meaningful reform right now, and it’s our sincere hope that we’ll collaborate on a sensible solution."
Clever Leaves and Biopharmaceutical Research Company to Partner for Landmark Cannabis Research Study in Collaboration With University of California, Davis
The initiative is part of Project Change Lives; Clever Leaves’ $25M product pledge to aid cannabis research in the U.S. The collaboration represents the company’s first funded study with a research institution in the U.S.
NEW YORK,
July 27, 2021 – PRESS RELEASE –CleverLeaves Holdings Inc., a leading multinational operator and licensed
producer of pharmaceutical-grade cannabinoids, and Biopharmaceutical Research Company
(BRC), a specialty pharmaceutical company that holds federal licenses for
importing, analyzing and manufacturing controlled substances in the U.S., announced
a joint partnership with the intent to study the DNA sequence variation of
three Clever Leaves’ cannabis cultivars as part of their Project Change Lives
campaign. The University of California, Davis, through an accepted research
sponsorship from BRC, will lead the extraction and analysis of DNA to elucidate
genetic variants taken from various genetic lines of Cannabis sativa.
Project Change
Lives is a U.S.-based initiative sponsored by Clever Leaves, whereby the company
has pledged to contribute up to $25,000,000 retail value of medical cannabis
products to any eligible U.S. organization to help advance scientific research
into the potential medical benefits of cannabinoids. By sponsoring Project
Change Lives, Clever Leaves is offering to provide a historic amount of
pharmaceutical-grade cannabis to leading research institutions in one of the
most advanced pharmaceutical markets in the world.
UC Davis will
be the first major research institution to collaborate in the investigation of
Clever Leaves’ Colombian and Portuguese, pharmaceutical-grade cannabis as part
of Project Change Lives.
Clever Leaves
will provide three of its cultivars to BRC for analysis at its facilities.
Researchers from UC Davis will extract DNA for sequencing and analysis from the
cannabis samples at the BRC facilities. The UC Davis scientists will also test
new approaches to extract RNA from dried material. If successful, researchers
will analyze the data to quantify global gene expression and will use available
pipelines to determine differential gene expression between the three lines
sampled. These data will provide foundational information to initiate new
crosses and a breeding pipeline for the future to ensure the genetic variation
of Cannabis sativa
can be utilized to provide novel and unique medicinal cannabis for new
pharmaceuticals.
Moreover,
analysis of the completed data will reveal the correlation between specific
genotypes of cannabis and the biochemical phenotypes for cannabinoids and
terpenes. Upon completion of the study, UC Davis intends to provide a report
that provides insight into the genetic diversity of the lines and the
feasibility of RNA extraction and gene expression from dried Cannabis sativa material.
These findings will be made widely available for the benefit of the medical and
scientific community—a result that meets one of the key goals of Project Change
Lives.
“We are
honored to collaborate with the UC Davis’ Plant Science department,” Clever
Leaves CEO Kyle Detwiler said. “UC Davis consistently ranks as one of the top
plant sciences programs in the world and shares our commitment to applying a
deeper scientific rigor to cannabis research in order to further our
understanding behind the potentially life-saving applications of cannabinoid
medicine. We are truly excited that UC Davis has become the first U.S. research
institution to align with Project Change Lives, and we look forward to the
expansion of the initiative.”
Distinguished
Professor Gail Taylor, the principal investigator on the research project and
John B. Orr Endowed Chair of the Department of Plant Sciences at UC Davis
added, “This new project will provide a glimpse into the genetic variation
apparent in contrasting lines of Cannabis
sativa and is part of a larger program at UC Davis to unravel this
variation and begin breeding for cultivars to assist the medicinal cannabis
industry.”
“What a
privilege it is to join forces with Clever Leaves and UC Davis for such a
worthy cause in Project Change Lives,” Biopharmaceutical Research Company CEO George
Hodgin said. “The reputation of UC Davis’s plant sciences program coupled with
the generosity and leadership from Clever Leaves is sure to lead to some
powerful breakthroughs. We’re thrilled to be a part of it and are eager to work
with them to expand research into groundbreaking cannabis treatment discoveries
through this program.”
As part of
Project Change Lives, Clever Leaves has committed to supplying up to 250,000
bottles of pharmaceutical-grade cannabis oils or approximately 5 tons of
medical cannabis flower that will help research institutions develop new
therapies. To eliminate an additional impediment to the advancement of
scientific knowledge around cannabis, this research material will be provided
at no cost to Clever Leaves’ research partners. Organizations interested in
applying can visit www.projectchangelives.org for more information.
Jane Technologies Enters Canadian Market Through Partnership with Canadian Retailer, High Tide
Jane's first international expansion brings e-commerce solutions to Canadian cannabis market.
SANTA CRUZ, Calif., July 27, 2021 /PRNewswire/ -- PRESS RELEASE -- Jane Technologies, Inc., a retail software company with an online cannabis marketplace, today announced its expansion into Canada via a partnership with High Tide, which has one of the largest cannabis retail footprints in Canada, representing Jane's first international expansion. Jane's full suite of e-commerce solutions, including its newly-released headless e-commerce software, Jane Roots, is now available to cannabis operators across all Canadian provinces and legal U.S. markets.
Legal cannabis sales in Canada reached $2.6B in 2020 and are expected to rise 68% to $5.4B by 2022. Similarly to the U.S. market, the share of e-commerce sales to total retail sales in Canada increased throughout the pandemic. As competition grows and more consumers turn to online shopping, operators and retailers will increasingly need to differentiate themselves through their digital experiences. As the only cannabis software platform with real-time integration into an existing point of sale system, Jane will empower Canadian cannabis retailers and brands to create best-in-class online shopping experiences and grow their e-commerce capabilities in line with consumer demand and digital trends. Jane's turnkey e-commerce platform includes inventory optimization, retail and market analytics, headless ecommerce solutions, digital merchandising, verified product reviews and curated content directly from the brands.
"Some of the largest enterprise retailers in the U.S. choose Jane to enhance their e-commerce experience and we're thrilled to introduce our products to the Canadian cannabis market," said Socrates Rosenfeld, co-founder and chief executive officer of Jane. "Jane is providing small business and large retailers alike with valuable tools to enhance and automate their e-commerce experience at a time when digital branding has become table stakes across the industry. Our partnership with High Tide is a testament to Jane's e-commerce solutions, and ability to integrate across nearly 90 storefronts without disruption."
High Tide is Canada's largest retail-focused cannabis corporation enhanced by the manufacturing and distribution of consumption accessories across their 88 branded retail locations. They will be using Jane's newest software, Jane Roots, which includes its first ever integration with Shopify, an all-in-one commerce platform popular in Canada. This integration allows Canadian retailers to continue using Shopify as their front-end branded user interface while Jane manages the back-end infrastructure. Jane Roots will be launching with other large Canadian and U.S. retailers in the coming months.
"As a company that operates three out of the top five most popular platforms for consumption accessories globally according to data provided by Google Analytics, as well as nearly 90 bricks-and-mortar cannabis retail stores in Canada, we at High Tide understand the power of offering our customers a seamless digital interface with our brands," said Raj Grover, president and chief executive officer of High Tide. "That's why I'm excited to launch this new partnership with Jane that will give our brands greater flexibility to focus on continuously enhancing our customer acquisition strategy and improving our retail experience without having to worry about the complexities of back-end integration."
Over the past year, Jane powered over 17 million orders and $2 billion in cannabis sales. Jane is the trusted e-commerce partner for over 2,000 dispensaries and brands across 34 U.S. markets and the Canadian market.
Canva
Poison Control Centers Nationally Report Rise in Calls Amid Delta-8 Craze
A Michigan-based laboratory has tested off-the-shelf delta-8 products, discovering some of the products contain up to 20% delta-9 THC.
The explosive, unregulated growth of delta-8 tetrahydrocannabinol (THC) is coming with a dangerous consequence: Poison control centers across the country are reporting a rise in calls from those who have ingested the cannabinoid.
So far this year, as of July, the North Carolina Poison Control Center reported 157 cases related to delta-8, according to the Winston-Salem Journal. Virginia is reporting "dozens" of calls this year.
The rise in calls can be attributed to a number of factors, from the market's lack of standards to delta-8's accessibility to minors.
But perhaps the most concerning cause for an increase in delta-8 poison center calls is due to mislabeling--in some cases, consumers hoping to buy these products may be purchasing unregulated, illegal cannabis without knowing.
"This is part and parcel for what happens when you have an unregulated market," says Jonathan Miller, general counsel for U.S. Hemp Roundtable.
Mislabeling Plays a Role
A recently published report shines a light on just how prominent mislabeling is in the industry. Leafreport.com, a peer-reviewed watchdog website for the cannabidiol (CBD) industry, found that more than half of the 38 products it tested had illegal levels of delta-9 THC. In addition, only 32% had the advertised amount of delta-8. The rest were off by 10.7% to 102.7% from the label.
And Wayne State University, based in Michigan, reports that law enforcement agencies in Michigan have seized delta-8 products that were falsely labeled as CBD products.
Lev Spivak-Birndorf, Ph.D., chief science officer at PSI Labs, a Michigan-based cannabis testing lab, says the mislabeling of these products could be linked to the risks associated with producing delta-8, as byproducts can be left during the process of converting it from CBD or delta-9 THC.
For example, when labs extract cannabis to make other oils, it's a more straightforward process, as there are already established and known solvents and methods, like butane or ethanol extraction, that labs can use to remove byproducts, Spivak-Birndorf says.
"But once you get into the process of converting CBD into delta-8, it's called chemical synthesis," he says. "You're essentially taking one molecule and performing a chemical reaction that's causing it to change into another molecule via that reaction."
There are several standard operating procedures (SOPs) that can be used to extract delta-8; however, there are many "variables in terms of what can be left over in the product and how dangerous the substance is that labs use to catalyze that reaction and make it occur at a speed that's acceptable for production," he says.
PSI Labs has not yet conducted extensive research into what type of contaminants can be found in delta-8 products due to costs; however, the laboratory has brought in off-the-shelf delta-8 products from places like vape shops and gas stations for testing, and they've discovered discrepancies in the products.
"We often find that some of [the products] are very pure delta-8, but still contain traces of delta-9 that are technically above the legal 0.3% THC limit," he says. "It's just a mixed bag, and that's what I think is so risky about it, is that it's very uncontrolled in terms of these processes, where one product could be pretty genuine to its label, but another one might be very different.”
Allison Justice, Ph.D., CEO of The Hemp Mine, previously told Hemp Grower that in the delta-8 extraction process, the final distillate ends up being 60% to 70% delta-8 and roughly 2% to 6% delta-9. Suppose a company wants to make a compliant product with the U.S. Department of Agriculture's (USDA's) final rule on hemp. In that case, they will then run the distillate through extensive chromatography to remove the delta-9 or dilute it down to ensure it's under the 0.3% THC limit, she said.
But Spivak-Birndorf says PSI Labs has found off-the-shelf delta-8 products that contain 20% delta-9, as well as a significant amount of CBD, meaning that whatever reaction pathway they chose, they didn't finish it and left it "half-cooked," he says.
"This raises lots of questions about what residual other byproducts might be in [the delta-8 products] that are sort of not familiar cannabinoids, but maybe harmful substances, like heavy metals, which can often be used in these processes," he says.
Spivak-Birndorf says PSI Labs has come across many delta-8 vapes over the 0.3% THC limit; however, he thinks the real risk with mislabeling is with edibles.
"Once you eat [the edible], that's how much you eat, and you really can't go back from there. So, that's where testing is absolutely critical," he says. "You really need to test things in a fashionable manner to make sure that there's nothing wrong with your process. Other packaged and ready-made goods go through many good manufacturing practices (GMPs) and Food and Drug Administration (FDA) guidelines before they get to the shelf. In the cannabis industry, a lot of that stuff is non-existent or just catching up."
Spivak-Birndorf says there is a need for third-party, end-product testing on a batch basis to ensure the products are correctly dosed before hitting shelves because there are not many regulated delta-8 testing and measurement practices in place.
"All of this is an important part of a good manufacturing practice of what goes into all the packaged goods we consume," he says. "And so really, it should be implemented for delta-8 or delta-9, just like anything else."
"There's no reason to limit ourselves in terms of the cannabinoid toolbox," he adds. "Whether it's naturally occurring, semi-synthetic or even synthetic, it's very important to know exactly what we're dealing with and what quantities we're dealing with if we want to avoid unknown adverse reactions and keep people as safe and healthy as possible.”
Minors the Main Victims
According to the Wayne State University report, in a nearby state, there were two reported cases of severe adverse reactions to delta-8 in children who ingested their father's edibles purchased at a vape shop.
The report says that because delta-8 products are packaged in similar forms of CBD, teens and young children have a higher risk of using the compound accidentally. "THC use in children can cause low blood pressure, difficulty breathing, severe sedation, coma, and psychological effects. Long-term effects in children are not known," the report says.
According to the National Capital Poison Center, because delta-8 products are largely unregulated, "the packaging may not be child-resistant and may contain cartoon-like images or other features that may be appealing to children."
On its website, the National Capital Poison Center offers this anecdote: "A 3-year-old boy was brought to an Emergency Department after eating an unknown amount of delta-8 THC gummies belonging to his mother. The gummies were packaged in a container with a twist-off top, and the boy was able to open the container by himself. The child experienced vomiting but was eventually released from the hospital. His mother was cited for child abuse and neglect."
Market Regulation Needed
Spivak-Birndorf says there is an increased need for regulation, as it is difficult to trace where these unsafe delta-8 products are coming from.
"While some of these companies have an online presence and show current testing and are actually responsible, for every one of those, there's probably, and I would guess, numerous [companies] that are flying by night and just not checking their work," he says. "Or they're not concerned about quality control checks for their product, which they should have. So, definitely without that regulatory push to do all that stuff, it's unrealistic to think that [everyone] is just going to take that upon themselves."
As previously reported by Hemp Grower, Michigan has recently joined numerous other states in regulating delta-8, as Gov. Gretchen Whitmer signed legislation into law July 13, prohibiting businesses from selling delta-8 products without proper licensing from the Michigan Marijuana Regulatory Agency, and the products must be tracked and tested like any other cannabis product.
Additionally, "the new law also bars businesses without state cannabis licenses from producing and selling any other potentially intoxicating cannabis compounds," Hemp Grower previously reported.
And in late April, Hemp Grower reported that Washington's Liquor and Cannabis Board (LCB) issued a policy statement, stating that "Delta-8 THC, as well as derivatives, extracts, cannabinoids, isomers, and CBD isolate from hemp or other sources that are genetically or chemically altered into compounds may not be produced or processed in LCB licensed facilities, and may not be sold in licensed marijuana retail stores."
However, this does not necessarily mean delta-8 is outright banned in the state, as the LCB's notice "was only an interpretation of the law as it relates to the legal cannabis market," Hemp Grower reported.
Washington and Michigan are just two of nearly 20 states that have already regulated the cannabinoid. According to Hemp Grower, 15 states have issued bans on delta-8, while six additional states have pending legislation to regulate the cannabinoid and related THC isomers.
Miller says the U.S. Hemp Roundtable has been working with states on developing laws that regulate delta-8 under the cannabis market because of its psychoactive properties. So far, Michigan, Oregon and New York have passed similar laws.
"I would very much hesitate buying a delta-8 product" in the current market, Miller says. "I would only buy things available in a dispensary that have been proven to undergo the same type of testing [as regulated cannabis]."
Not Just Delta-8
Delta-8 isn't the only cannabinoid responsible for an uptick in poison center calls this year.
As of June 30, the American Association of Poison Control Centers (AAPCC) reported that poison control centers across the country had managed 2,158 cases in 2021 related to CBD. This is nearly on par with the 2,226 calls placed the entire year in 2020.
For perspective, in June 2020, poison control centers handled 181 cases related to CBD; in June 2021, that number jumped to 423.
The AAPCC offers this explanation on its website for the increase in calls: "...[S]ome products contain more CBD than what is on the label, more THC than labeled, or other chemical compounds/drug ingredients that are not listed at all. Consumers have no way of knowing whether the product is contaminated with other chemicals and drugs or labeled correctly."
Miller points out that CBD is "a safe compound, and study after study have demonstrated its safety." But without clear regulations or even guidance on how to produce CBD products, it's possible the products contributing to poison control center cases don't comply with GMP safety standards, Miller says.
"The challenge is that we're in an unregulated marketplace," he says. "These kinds of problems are hopefully going to spur Congressional action that will pass bills to develop a regulatory structure."
Miller adds that the Hemp Access and Consumer Safety Act moving through the U.S. Senate would require the U.S. Food and Drug Administration to develop a regulatory pathway for CBD to be used in food, beverages and dietary supplements.
You can reach your local poison control center by calling the Poison Help hotline: 1-800-222-1222. To save the number in your mobile phone, text POISON to 797979.
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