Marijuana Business Daily

Judge rejects New York challenge to suit delaying rec marijuana store openings

Published

2 years ago

February 1, 2023

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A federal judge rejected New York’s effort to toss a lawsuit that’s been delaying the opening of recreational marijuana stores across the state, including in Brooklyn.

That means the indefinite wait for the issuance of 63 of the state’s planned 150 adult-use retail licenses will continue.

In November, a Michigan man named Kenneth Gay sued the state Office of Cannabis Management on behalf of his company, Variscite.

The suit alleges that the requirement that cannabis retail applicants have both a “significant presence” in New York and a criminal record for a marijuana-related conviction under state law creates irreparable damage to the company.

It’s one of several marijuana social equity programs Gay is challenging across the country, including Los Angeles.

Would-be CUARD license holders in New York must choose from among 14 geographical regions across the state when submitting their applications. Variscite’s top choice was Finger Lakes.

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California’s capital city OKs marijuana consumption lounge licenses

Published

3 days ago

November 20, 2024

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The Sacramento City Council approved a measure that paves a path for California’s capital to issue consumption lounge licenses sometime in 2025.

The ordinance was approved 5-4 on Tuesday, despite opposition from certain Council members, the American Heart Association and American Cancer Society, according to The Sacramento Bee.

The organizations highlighted the effects of secondhand smoke on employees, customers and neighbors.

Similar concerns about smoke ventilation has led to lengthy delays in other markets, including Nevada, where regulators ultimately eased ventilation standards so operators could comply with the new rules without installing costly system overhauls.

Sacramento officials expect to issue permits in the first half of next year after the Council considers cannabis land-use and zoning amendments, the Bee reported.

When those

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Missouri’s double-tax practice on marijuana is unconstitutional, court rules

Published

5 days ago

November 18, 2024

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Local governments in Missouri can add a 3% local tax on marijuana products to state sales tariffs, but the law forbids cities and counties to “stack” local levies on top of one another.

That’s the “unambiguous” language in the state constitution, according to a Missouri Court of Appeals decision that’s set to cut retail taxes on marijuana products in St. Louis County.

Ninety of the state’s 114 counties imposed a 3% local cannabis tax on top of the state’s 14.98% sales tax, the Missouri Independent reported.

But 74 of those counties also include a city or town that’s imposed its own 3% on top of the county lax.

That’s the practice that the appeals court says is unconstitutional.

The challenge was centered

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Feds again delay requirement for hemp to be tested at DEA-licensed labs

Published

1 week ago

November 15, 2024

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The U.S. Department of Agriculture has again extended a deadline for federally approved hemp to be tested at Drug Enforcement Administration-licensed labs.

Now, hemp produced under the USDA’s Domestic Hemp Production Program can have products tested at labs that aren’t certified by the DEA through the end of 2025, according to a Thursday news release.

The USDA delayed the requirement last year, pushing a planned Dec. 31, 2023, deadline to the end of 2024.

Testing laboratories apparently are having difficulty meeting DEA requirements or receiving certification from the agency, according to feedback the USDA has received from state and tribal governments as well as labs themselves.

The USDA noted in its release there have been “setbacks” and “delays” for labs attempting to

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