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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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New Mexico Regulation and Licensing Department revokes licenses at two Torrance County cannabis farms

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New Mexico Regulation and Licensing Department revokes licenses at two Torrance County cannabis farms



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Massachusetts: Uxbridge to refund more than $1 million to cannabis retail outlet in impact fees case

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The Town of Uxbridge has reached an agreement in Superior Court to largely refund the community impact fees paid by a cannabis store, according to court documents and the law firm representing the store

On Dec. 29, the town entered into an agreement with Caroline’s Cannabis to refund the store $1,171,633.60. According to a statement from the law firm MacMillan Law Offices, the amount constitutes 80% of the community impact fees the store paid the town and may be the first legal settlement resulting in refund of the controversial fees in the state.

The store has a location at 640 Douglas St. in Uxbridge.

According to the law firm’s statement, Caroline’s Cannabis filed a lawsuit against the town in Worcester Superior Court in 2022. The store sought an order requiring the town to produce documentation to substantiate the community impact fee it was collecting from the store.

Caroline’s Cannabis claimed it had caused no impact or costs to the town, and that the town could not collect the fees unless it could document otherwise. At the time, Caroline’s Cannabis requested to recover $1.4 million.

Read the background here

https://www.telegram.com/story/news/local/2024/01/18/carolyns-cannabis-community-impact-fees-refuns/72272643007/



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Beverly Hills Lawyer Invested in Oregon Cannabis Farm .. Percentage of Crop(s) Ended Up In Cali Market

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Willamette Week breaks the story that’s going to ruin his holidays.

One of the many weed entrepreneurs to descend on Cave Junction during the green rush was Matthew Portnoff, a partner with a specialty in cannabis law at the California offices of a white-shoe law firm.

In 2020, the Oregon Liquor and Cannabis Commission determined that weed grown at his farm in 2019 had been diverted onto the black market. But after a yearslong investigation, the agency was never able to conclude whether Portnoff authorized the leakage—or if he was instead the victim of a swindle.

Portnoff declined to comment for this story.

A graduate of UC Berkeley and the University of Southern California’s law school, Portnoff, 48, is an expert in tax law based in Beverly Hills, with a history of entrepreneurial forays. (An online database lists him as a producer of a romantic comedy starring Paris Hilton in 2006 that was panned by critics.)

In 2016, Portnoff and his wife, Luiza, purchased a Cave Junction farm for $415,000 just as the state began handing out licenses to grow recreational weed. (An LLC controlled by his father, a surgeon from California, bought 19 acres next door to his son for the same purpose.)

Two years later, Portnoff and his wife landed a license. So, eventually, did his dad. They grew thousands of plants on the 35-acre properties located along Takilma Road in the rural farmland of the Illinois Valley.

To run his new Oregon farm, Portnoff hired a local grower named Michael Horner, who’d come recommended by a California client.

But by the time the first harvest arrived, an oversupply of weed on the market caused prices in Oregon to fall by at least half.

And beginning in February 2019, the OLCC began documenting a series of concerning reports from Portnoff’s employees.

First, Horner quit his job working for Portnoff and told an OLCC inspector in February 2019 that men had arrived on the farm to take weed back to California for sale.

A month later, the inspector went to the farm to investigate. State-licensed farms are required to have surveillance cameras monitoring all aspects of the operation. But in March 2019, the inspector discovered a four-day gap in the footage—and found “many discrepancies” between the inventory on site and what was recorded in a state database. The inspector opened some storage totes to find them empty or full of “waste material.” (The OLCC declined to disclose the records identifying the discrepancies to WW, noting they were exempt from public disclosure.)

Read the full report at 

https://www.wweek.com/news/2023/12/20/a-beverly-hills-lawyer-invested-in-oregon-weed-not-all-of-the-crop-seems-to-have-stayed-in-oregon/



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