Welcome to Senior Cannabis Digest. This week we look at a new cannabis trend in Connecticut, how a Supreme Court ruling might affect rescheduling, a cannabis buy back program in New York City and more. Enjoy.
Cannabis Trends
Mature consumers in Connecticut now have a new kind of sparkler to bring to a holiday celebration. As of July 1, 2024 cannabis consumers can purchase THC-infused beverages at cannabis dispensaries and retailers and package stores that receive a waiver from the state.
THC-infused beverages are growing in popularity and offer consumers what some describe as another way to enjoy the pause that refreshes.
CREDIT: ERICA E. PHILLIPS / CT MIRROR
The state legislature, working with the Department of Consumer Protection (DCP) has crafted regulations that state the beverages, which are nonalcoholic, may contain no more than 3 mg of THC per 12-ounce container and might be advertised as “hemp-derived,” Delta-8, Delta-9, Delta-10, THCA or HHC. They are only available for purchase by those over 21.
Said DCP Commissioner Bryan T. Cafferelli, “The team at the Department of Consumer Protection has worked hard to quickly implement the provisions of this new law passed by the legislature, and communicate those changes to affected businesses. This new law ensures greater consumer protections, including enhanced packaging and labeling requirements as well as testing standards that are in line with the testing standards for cannabis products.”
Those who care to learn more can read the article that appeared in the July 1, 2024 issue of the Hartford Courant.com.
Cannabis Quote of the Week
“The Supreme Court’s decision to overturn Chevron deference means that courts are no longer required to defer to federal agencies’ interpretations of ambiguous statutes. Instead, judges will independently evaluate the reasonableness of these interpretations without the presumption of agency expertise. This change could have lasting implications for cannabis justice and rescheduling with increased judicial scrutiny and a need for more detailed administrative justifications.
Without Chevron deference, any decision by the DEA or HHS to reschedule cannabis could face more rigorous judicial review. Courts will no longer automatically defer to these agencies’ expertise, potentially leading to more legal challenges and a higher burden of proof for the agencies. Agencies will need to provide comprehensive and robust justifications for reclassifying cannabis. This means ensuring their decisions align clearly with statutory requirements and can withstand judicial scrutiny. Judges may take a more nuanced approach to rescheduling, possibly distinguishing between different types of cannabis products, leading to a more complex rescheduling landscape.”—Stephen Post
Mr. Post is a campaign manager and communication strategist who focuses on implementing policy through coordinated government and public relations efforts for The Last Prisoner Project. His comments are taken from an essay he penned for the organization’s website.
Rescheduling cannabis continues to be a slow moving process thanks to several competing institutional agendas. What once seemed like a sure thing may not be so certain after all.
Cue that Yogi Berra quote about things not being over until they are over—and rescheduling is clearly not over.
Founded in 2019, The Last Prisoner Project is a national, nonpartisan nonprofit dedicated to reforming the criminal justice system through progressive drug policy.
To learn more, we suggest reading Mr. Post’s essay. It appeared on the organization’s website on July 1, 2024. Simply click on the link that follows.
The Shape of Things to Come
In what some might describe as an example of state government learning from the mistakes of others, Delaware lawmakers have passed legislation designed to protect banks and other financial institutions so they can work with state-legal cannabis companies.
According to TG Branfalt, reporting for Ganjapreneur, this legislation was designed to remove “uncertainty” as the state prepares to launch its adult-use market.
Branfalt makes the point that the law clarifies that providing financial services to legal cannabis businesses is lawful under state law.
In a statement, State Treasurer Colleen Davis called the legislation “a critical step forward for Delaware’s cannabis industry.” She added, “By ensuring safe access to banking services, we are empowering legitimate businesses to operate transparently and securely.”
State Rep. Ed Osienski (D), one of the bill’s sponsors, observed that in other states that have legalized cannabis for adult use, dispensaries and banks have struggled with legal uncertainty surrounding financial and accounting services for cannabis businesses.
Osienski added, “This uncertainty not only undermines the operations of state-compliant dispensaries but also hinders their access to basic business functions such as access to banking, acquiring loans, or paying taxes. We want Delaware’s safe and regulated industry to out-compete the illegal market. By providing dispensaries with a secure avenue to banking and compliance services, we empower them to contribute positively to our economy, keep costs down for the industry and customers, employ local talent, and fulfill their tax obligations.”
Said State Sen. Trey Paradee (D), who sponsored the legislation in the Senate, “At the end of the day, cannabis retailers in Delaware are small businesses. They will be in our communities. They will hire Delawareans. They will pay their taxes. They will contribute to the economic development of this state.”
Paradee also noted, “But with an over-reliance on cash-transactions, retailers are at a disadvantage in terms of their banking, compliance, and safety needs. With the passage of this legislation, the state can ensure that these types of businesses have a clear path towards access to those critical services.”
Branfalt reported in his article that the bill still requires final approval from Gov. John Carney (D).
To learn more, we suggest reading TG Branfalt’s article in the July 1, 2024 issue of Ganjapreneur.com.
Cannabis News and Notes
Taking a cue from programs designed to get illegal guns off the street, a New York marijuana dispensary is taking steps to help eradicate illicit cannabis businesses by offering discounts and benefits to encourage consumers to patronize the legal market.
According to Kyle Jaeger, reporting for Marijuana Moment, Housing Works, the parent company of the state’s first legal adult-use dispensary Housing Works Cannabis Co, has announced an “illegal cannabis buyback” program that provides consumers with a variety of incentives to transition to the legal market.
In a recent article, Jaeger reports that as part of the program, between July 1 and September 1, any person who provides proof of membership at an illicit operator will get a free membership at Housing Works Cannabis Co’s “co-conspirator program.” The membership includes 25 percent off their first purchase and a 10 percent discount on all their purchases for the next year. The membership normally costs $25.
Said Sasha Nutgent, director of retail at Housing Works Cannabis Co, told Marijuana Moment, “This buyback initiative is crucial not only for the health and safety of our customers, which is always our top priority, but also for the legal business operators and those who have fought hard for a place in New York’s legal cannabis market.”
Nutgent added that when a consumer purchases a product from a legal dispensary, such as Housing Works Cannabis Co, they can rest assured that the purchased products have gone through rigorous state-testing and are approved for safe consumption.
Jaeger also reported that state lawmakers have separately introduced a bill that would allow consumers in the state to bring legal actions against entities that violate state marijuana laws. Potentially, this could empower ordinary individuals to sue unlicensed cannabis sellers or licensees skirting state law.
You can learn more by reading Kyle Jaeger’s article in the June 28, 2024 issue of Marijuana Moment.net.
Senior Cannabis Digest is compiled and edited by Joe Kohut and John Kohut. You can reach them at joe.kohut@gmail.com and at 347-528-8753.
