The U.S. Supreme Court is being asked to settle an emerging dispute on whether employers can be forced to reimburse workers for the cost of medical cannabis used to treat job-related injuries. To date, state courts have come to differing conclusions on the issue, a situation advocates say warrants intervention from the high court. In a friend-of-the-court brief filed last week, Empire State NORML and two other groups—the New York City Cannabis Industry Association and the Hudson Valley Cannabis Industry Association—say the justices should take up an appeal out of Minnesota, using it to settle the broader tension on the conflict between state and federal cannabis laws for good. Going further than the narrow issue of workers’ compensation reimbursements for marijuana, a key piece of the group’s argument is that the federal government has been so inconsistent in its enforcement of cannabis laws that prohibition should be overturned entirely. “The Court should take this opportunity to prevent the further spread of this insidious condition by invocation of the Doctrine of Estoppel,” the brief says. “It should find that the Schedule I status of cannabis under the federal Controlled Substance Act is no longer enforceable. Doing so will cure the problem.” The case itself, Musta v. Mendota Heights Dental Center, arises out of a dispute over whether the Controlled Substances Act (CSA) pre-empts a Minnesota state law requiring employers to reimburse workers for the cost of medical marijuana to treat a work-related injury. In October, the Minnesota Supreme Court ruled that the CSA indeed prevented the reimbursement. That ruling contributed to an emerging split between state courts on the issue. The Maine Supreme Court had decided a case in that state along similar lines, while supreme courts in both New Hampshire and New Jersey have ruled that reimbursements to medical marijuana patients can go forward regardless of federal prohibition. Susan Musta, the patient in the Minnesota case, filed a brief last month asking the U.S. Supreme Court to take up the case.

Ben Adlin, Marijuana Moment, 12/13/2021 11:14:00

Open article: https://www.marijuanamoment.net/us-supreme-court-asked-to-settle-states-conflict-on-medical-marijuana-insurance-reimbursements/

What will it take to effectively put equity first in a legal marijuana market? That’s a question a former Massachusetts cannabis regulator is seeking to answer in a new research paper. While lawmakers have studied and enacted marijuana policies meant to reinvest in communities most impacted by the war on drugs, and encourage marginalized people to participate in the industry, no legal state has fully achieved equity so far, Shaleen Title argued in the Ohio State University paper published last week. But as state cannabis experiments continue to evolve, “we are seeing remarkable progress with respect to the involvement, inclusion, and support of people who have experienced disproportionate harm from prohibition,” Title, who now serves as distinguished cannabis policy practitioner in residence at Ohio State University’s Drug Enforcement and Policy Center. And there are plenty of lessons to be learned and incorporated as the legalization movement expands. There are three central considerations that regulators should take into account, her paper argues: How to define social equity applicants, what kind of benefits should be afforded to those businesses, and how to craft licensing priorities that put disadvantaged communities first.

Kyle Jaeger, Marijuana Moment, 12/13/2021 08:52:00

Open article: https://www.marijuanamoment.net/former-state-marijuana-regulator-outlines-steps-to-ensure-social-equity-in-the-legal-industry/

Advocates have long criticized the current administrative clemency system, which involves submitting petitions to the DOJ’s Office of the Pardon Attorney. They argue that the influence of people involved in law enforcement in reviewing clemency cases makes the process inherently flawed. Of course, the president can unilaterally grant clemency without the Justice Department’s go-ahead—a right that President Donald Trump frequently exercised, for example—but the lawmakers say that it’s still necessary to reform the existing system to ensure that all deserving cases are identified. That includes people impacted by the drug war. ​​“Fueled by the failed war on drugs, the mass incarceration epidemic that our nation faces has ruined lives, families and communities,” Jeffries said in a press release. “Our broken clemency system only deepens this pain, and we must transform it in a just, equitable, and transparent manner.”Pressley said that the nation’s “growing mass incarceration crisis is rooted in white supremacy and has ravaged our communities, destabilized families, and exacerbated generational trauma for far too long.”

Kyle Jaeger, Marijuana Moment, 12/13/2021 11:51:00

Open article: https://www.marijuanamoment.net/congressional-lawmakers-file-bill-to-streamline-presidential-clemency-as-drug-war-drives-mass-incarceration/

The Mexican Supreme Court of Justice decided that the production of cannabis with low THC content is now allowed in the country. The court’s ruling arose from a legal dispute with international firm Xebra Brands LTD. Now, the Mexico-based company will be able to produce cannabis for medical, scientific purposes and to market CBD and CBG products (such as oils, beverages, creams, and tinctures). But, beware: It will only be able to do so as long as the products contain less than 1% THC. Rodrigo Gallardo, president of Xebra, stated, “This is another positive step towards positioning Xebra in Mexico, which is often seen as having the potential to be a huge cannabis consumer market.” As reported by Ciudad Cannabis, the ruling will now head to a lower court for implementation through COFEPRIS (Comisión Federal de Protección contra Riesgos Sanitarios). It should also be noted that, recently, the ruling party’s deputy, María Clemente García Moreno, presented a draft Federal Law for the Regulation of Industrial Hemp. In a press conference, the legislator stated that, “The project is intended to provide the business sector and small producers with legal certainty for the cultivation of hemp”.

El Planteo, The Fresh Toast, 12/12/2021 07:00:00

Open article: https://thefreshtoast.com/news/mexico-supreme-court-approves-low-thc-cannabis-production/#utm_source=rss&utm_medium=rss&utm_campaign=mexico-supreme-court-approves-low-thc-cannabis-production

If you believe in something, then take a stand, organize, and vote for it. If you get enough votes, you will succeed in your mission. Recently, this is exactly what the good people of South Dakota did when it came to cannabis legalization. South Dakotans wanted legal cannabis, so they used the democratic process to realize their goal. They worked tirelessly to gather signatures, got the issue put on the ballot, and when the majority approved it; they succeeded in passing cannabis legalization in South Dakota. It was a victorious day for Americans there who took part in the vote. Unfortunately, this victory was short-lived, and would soon be destroyed by the very people elected to represent the citizens of South Dakota. Thomas Jefferson said, “The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants.” America is touted as one of the world’s greatest democracies, and all Americans learn early on to have faith in the democratic process. People elect political representatives to speak for them and represent their interests in the political arena. However, in the case of South Dakota’s elected representative Kristi Noem, who serves as both the governor and the state’s lone member of the U.S. House of Representatives, it is evident that she failed to accurately represent the people of South Dakota. Let’s look at what happened in South Dakota regarding cannabis legalization and what went wrong.

Posted By, Cannabis Central, 12/13/2021 08:00:00

Open article: https://www.veriheal.com/blog/court-strikes-down-voters-will-for-full-legalization-in-south-dakota/?utm_source=rss&utm_medium=rss&utm_campaign=court-strikes-down-voters-will-for-full-legalization-in-south-dakota