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European Commission Refers Hungary To The Court Of Justice Over Cannabis Vote

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Last week the European Commission announced that it referred Hungary to the Court of Justice of the European Union (CJEU) for voting against the European Union’s position on removing cannabis from Schedule IV of the Convention on Narcotic Drugs at a meeting back in December 2020. Below is more information about it via a news release from the European Commission:

Today, the European Commission decided to refer Hungary to the Court of Justice of the European Union for f voting against the position of the Union on the World Health Organization (WHO) recommendations on scheduling cannabis and cannabis-related substances, as outlined in the Council Decision (EU) 2021/3.

On 2 December 2020, at the reconvened 63rd session of the United Nations (UN) Commission on Narcotic Drugs, Hungary voted against the Union position twice during the vote on the WHO recommendations in the listing of the substances under international control. Under EU law, the decisions on the international scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971, fall under the exclusive competence of the European Union. Hence, the Council decision determining the Union position is binding on the EU Member States in line with the Treaty on the Functioning of the European Union.

The Commission therefore launched the infringement procedure against Hungary with a letter of formal notice sent on 18 February 2021, followed by a reasoned opinion on 12 November 2021. As the reply from the Hungarian authorities to both the letter of formal notice and reasoned opinion was unsatisfactory, the Commission has decided to refer Hungary to the Court of Justice of the European Union for failing to fulfil its obligations under the Council decision and acting in breach of the exclusive external competence of the Union as well as of the principle of sincere cooperation.

Background

On 24 January 2019, the World Health Organization presented six recommendations concerning the rescheduling of cannabis and cannabis-related substances under the UN Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the UN Convention on Psychotropic Substances of 1971.

On 23 November 2020, the Council adopted Council Decision (EU) 2021/3 on the position to be taken, on behalf of the European Union, at the reconvened 63rd session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971. The decision was addressed to the Member States in accordance with the Treaties and, according to Article 288 TFEU, was binding in its entirety for the Member States who were called upon to vote in the Commission on Narcotic Drugs.

The vote in the Commission on Narcotic Drugs concerning the WHO recommendations took place on 2 December 2020. Hungary voted against those recommendations. In addition, Hungary made a statement in the Commission on Narcotic Drugs strongly contradicting the EU position.

For More Information

Council Decision (EU) 2021/3

WHO Recommendations on cannabis and cannabis-related substances

Infringement decisions database

EU infringement procedure

Link to February 2023 infringements package



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The Oregonian: Naked Oregon man wounded by exploding weed pen, lawsuit claims

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Thanks to Vince Sliwoski for tipping us off to this only in Oregon story !

A man who was getting baked while bare of any clothes was seriously injured when his weed pen exploded, a lawsuit filed Friday claims.

Gustavo Mendes now seeks $230,000 from the manufacturer of the malfunctioning marijuana vaporizer and the Eugene pot shop where he bought it, according to allegations in the Lane County Circuit Court suit.

The incident happened Feb. 13, 2023 as the 28-year-old was standing in his bathroom “in a state of undress,” according to the lawsuit.

Mendes took a puff or two and realized the pen was superheating in his hands, the lawsuit says; in a flash, it exploded — spraying burning chemicals onto his eyes, torso and below his waist.

The subsequent fire on the bathroom counter and floor cost $20,000 to repair, while Mendes’ medical bills at a Springfield hospital and Gresham eye care center topped $3,500, the suit says.

After previously earning $68,000 a year as a welder, Mendes is now sensitive to light and must apply eye drops regularly, necessitating a change in careers, according to his attorney.

He had purchased the pen, branded under the name Quantum Alchemy, three days prior at Hwy 99 Cannabis Co. Both the retailer and manufacturer are named as defendants in court papers.

Quantum Alchemy’s website has expired and an email inquiry bounced back.

https://www.oregonlive.com/marijuana/2025/02/naked-oregon-man-wounded-by-exploding-weed-pen-lawsuit-claims.html

 

Quantam has been getting recall notices as far back as 2022 as this OLCC alert testifies.

nr120222-Cannabis-Product-Recall-Pesticide-Bobsled-QuantumAlchemy



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EWeb Page / SEC Docs – SEC Charges Acreage Holdings, Inc. For Accounting Violations

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ADMINISTRATIVE PROCEEDING
File No. 3-22389

January 10, 2025 – The Securities and Exchange Commission today announced settled charges against Acreage Holdings, Inc. for violating the books and records provision of the federal securities laws when it created false records regarding a transfer of approximately $4 million that was temporarily moved into the company’s bank account a few days before the end of Acreage’s 2019 fiscal year.

According to the SEC’s order, Acreage caused an affiliated entity to transfer approximately $4.2 million into Acreage’s bank account on December 26, 2019, with the express understanding that Acreage would return the full amount at the beginning of the new year, which it did on January 3, 2020.  Acreage then allegedly created journal entries and other records that mischaracterized the round-trip transfer, first as a repayment of debt owed by the affiliate and later as a short-term loan to Acreage.  The SEC’s order further finds that after certain employees’ concerns about the round-trip nature of the transaction were escalated to a member of Acreage’s board of directors, Acreage recorded an additional journal entry that effectively reversed the transaction.

The SEC’s order also finds that during the audit of Acreage’s fiscal year 2019 financial statements, Acreage created and provided written documents to the accounting firm conducting the audit that misrepresented and omitted material facts about the round-trip cash transfer.  As a result, the SEC’s order finds that Acreage violated Section 13(b)(2)(A) of the Securities Exchange Act of 1934 by failing to make and keep books, records, and accounts that accurately and fairly reflected the round-trip cash transfer.

Without admitting or denying the findings in the SEC’s order, Acreage agreed to cease and desist from committing or causing violations or future violations of Section 13(b)(2)(A), and to pay a civil penalty of $225,000.

The SEC’s investigation was conducted by Kiran Patel, Nandy Celamy, Russel Feldman and George N. Stepaniuk, and was supervised by Thomas P. Smith, Jr., all of the New York Regional Office.



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Homberg Leaves Dentons For New Post At Gunnercooke

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Peter Homberg writes on Linked In Today

After more than 12 exciting years at Dentons, I’m delighted to share that I have joined the international law firm gunnercooke.

I’m excited to offer my clients truly exceptional service, leveraging gunnercooke’s flexibility, innovation, and collaborative culture to support them closely through their legal challenges, while also shaping and expanding my practice in a direction I’m passionate about.

I look forward to the many exciting projects and cases to come, please reach out if you’d like to know more.

 



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