Connect with us

Cannabis News

More New York Cannabis Program Litigation: First Amendment Challenge to Third-Party Website Rules

Published

on


On September 18, 2023, a new lawsuit was filed by, inter alia, Leafly Holdings, Inc. (“Leafly”) against the New York State Office of Cannabis Management (“OCM”) and New York State Cannabis Control Board (the “Cannabis Control Board”).

The lawsuit

This legal proceeding involves a First Amendment and other challenges to certain regulations adopted by the Cannabis Control Board. The regulations, known as Resolution 2023-32, introduce new rules under Parts 123 and 124 of the Revised Adult-Use Cannabis Regulations, which significantly restrict the ability of New York dispensaries and consumers to use third-party websites that aggregate information about cannabis products. The petitioners, including Leafly, Stage One Cannabis, LLC (“Stage One Dispensary”), and Rosanna St. John, are seeking to have these regulations invalidated on the grounds that they are arbitrary, capricious, and in violation of both the United States Constitution and the New York Constitution. They are also requesting a temporary halt to the enforcement of these regulations until the legal proceedings are resolved.

The specific provisions being challenged are:

  1. The Third-Party Marketing Ban (9 N.Y.C.R.R. §§ 123.10(g)(21) and 124.5(a)), which restricts certain types of marketing by third-party websites.
  2. The Pricing Ban (9 N.Y.C.R.R. § 124.1(b)(5)(ii)), which imposes limitations on pricing information.
  3. The Third-Party Order Ban (9 N.Y.C.R.R. § 123.10(g)(23)), which restricts the ability to place orders through third-party websites.
  4. The Third-Party All-Licensee Listing Mandate (9 N.Y.C.R.R. § 124.1(b)(2)), which requires third-party websites to list all cannabis licensees.
  5. The Third-Party Distributor Listing Mandate (9 N.Y.C.R.R. § 124.1(c)(1)-(2)), which mandates the listing of third-party distributors.

The arguments

The petitioners argue that the Third-Party Marketing Ban and the Pricing Ban infringe upon free speech rights protected by the First Amendment of the U.S. Constitution and Article I, § 8 of the New York Constitution by limiting lawful commercial speech. They also claim that all the challenged regulations are arbitrary and capricious because they either conflict with New York’s Cannabis Law, lack a rational basis, or exceed the authority of the Cannabis Control Board.

What the plaintiffs want

Furthermore, the petitioners are requesting a temporary stay on the enforcement of these regulations, asserting that they are likely to succeed in their legal challenge and that they are facing irreparable harm due to the violation of their constitutional rights and potential business losses. They argue that maintaining the status quo is in the best interest of justice, and they urge the court to invalidate these regulations on the grounds of being arbitrary, capricious, irrational, and unconstitutional.

_____

This First Amendment challenge is just the latest litigation, unfortunately, in a program that has seen a number of misfires and delays. We will continue to monitor this lawsuit, while awaiting answers on fundamental issues that the Cannabis Control Board has inexplicably failed to address. Stay tuned to our New York coverage for more.



Source link

Cannabis News

MLK Day 2025: Cannabis and Civil Rights

Published

on

By


It’s MLK Day once again.

I’ve been writing an MLK Day post on this blog for eight consecutive years. The theme of my posts is that cannabis is a civil rights issue, and that Dr. King would have advocated for ending prohibition based on that fact.

Each year, I have demonstrated with facts (upon facts upon facts) that the War on Drugs continues in insidious ways. In, 2023, which is the most recent year that FBI data is available, law enforcement officials made over 200,000 arrests for marijuana-related convictions. Those 200,000 arrests constitute roughly 25% of all drug-related arrests.

Sadly, arrests of black people constituted 29% of all drug arrests in 2023, although only 13.6% of Americans are black.

Heading into MLK Day weekend, President Biden announced that he is commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses. The focus was predominantly on individuals “who received lengthy sentences based on discredited distinctions between crack and powder cocaine…”, as opposed to cannabis-related crimes. According to the Last Prisoner Project, “the total number of those incarcerated for cannabis who received commutations is not knows, but nine LPP constituents will be free.”

For all that Biden promised as to cannabis, it’s the least we could have asked. Under the new Trump administration, attention will quickly return to the frustrating marijuana rescheduling process. If cannabis ends up on Schedule III, criminal penalties for traffickers may soften, but make no mistake: possessing and distributing cannabis will still be a federal crime.

At the state level, where most arrest occur, progress has slowed in the last few years. Out here where I live in Oregon, with our 800 cannabis stores, it’s astonishing to think of 200,000 annual cannabis arrests– most for simple possession, no less.

There is a lot of work to do. Here are a short list of organizations if you’d like to get involved:

For prior posts in this series:



Source link

Continue Reading

Cannabis News

No Smoking, No Vaping – What’s the Safest Way to Consume Cannabis Based on Your Genetics and Science?

Published

on

By


safest way to consume cannabis

The Safest Way To Consume Cannabis For Health, According To Science and Genetics

 

Marijuana legalization continues to help thousands of people.

Most especially those who need marijuana to treat conditions in a safer, more natural, and more cost-effective manner compared to pricey, addictive, and dangerous pharmaceutical medications. That said, not all weed is made the same: depending on where you get your weed, some of it may be grown using pesticides, which can be bad for your health especially when smoked. So yes, it does matter what kind of weed you’re smoking and where you got it from.

In addition, not all methods of consumption are also the same. Many consumers, particularly extremely health-conscious individuals, prefer not to smoke weed. Smoking weed that’s been grown with pesticides can also be dangerous for one’s health. It’s especially not recommended if you are immunocompromised,

 

That’s why a growing number of consumers prefer to explore the variety of other consumption methods available these days, such as edibles, tinctures, beverages, and cannabis oil to name a few.

Now, the results of a new study have just been published, suggesting that cannabis oil extracts may be the safest way to consume weed. Researchers studied MCT oils that contained high concentrations of CBD with some THC.

 

“Several studies have found damage to various chromosomal associated with cannabinoid use,” said the researchers. “Considering numerous studies demonstrating the genotoxicity of cannabis, it is noteworthy that many of these investigations have focused on individuals who consume cannabis through smoking or in cigarette form, normally rich in THC,” they said.

 

The researchers specifically found that extracts of cannabis sativa don’t exhibit genotoxic or mutagenic potential in doses that are commonly used by patients to manage anxiety, pain, epilepsy, and other conditions. “Although the current literature on cannabis sativa extract remains inconsistent, most evidence suggests that these extracts are safe for cells and DNA under both acute and chronic experimental conditions, even at high doses, in studies involving both male and female animals,” wrote the researchers.

 

Some consumers were alarmed recently when studies, albeit weak in nature, were published, which suggested that cannabis smoke had the potential to be genotoxic. That said, it still isn’t recommended for individuals who may be immunocompromised but there is no strong evidence that cannabis can indeed cause genetic mutations.

 

Since oral consumption of cannabis oil bypasses the respiratory system and allows patients a more accurate way to dose, it’s become the preferred method of consumption for many medical cannabis patients. Whether you’re young or old, the safety profile of cannabis oil has been proven; this is especially true if you wish to avoid respiratory harm.

 

The Role Of Quality Cannabis In Health

 

As cannabis consumers, there are many ways you can ensure that you’re medicating with clean, safe cannabis that’s free from dangerous contaminants. Pesticides aren’t the only contaminants to be aware of; street cannabis sold by dealers can be laced with toxic additives and even fatal ingredients, such as in the notorious case of the tainted THC vapes containing Vitamin E acetate. Other undesirable ingredients to take note of include residual solvents and heavy metals.

 

It’s also your role as a consumer to do research about the quality of cannabis you buy. Of course, it makes sense to only buy from licensed cannabis dispensaries since they can easily supply laboratory-tested cannabis products. From edibles to oils, flowers and more, licensed dispensaries can provide products that have a Certificate of Analysis or COA, which can either be printed on the packaging itself, accessed online, or via a QR code. A cannabis product with a COA can give you peace of mind that the product meets stringent testing and quality standards.

 

In addition, you can also seek out certified organic cannabis products. Of course, the fact that cannabis still isn’t federally legal means that there is nothing similar to a USDA Organic certification for weed, though some manufacturers make it easier for consumers these days to know if they are buying organic or not. For example, if you live in California, you can look for Clean Green Certified or OCal (weed that has been grown in standard that are comparable to organic).

 

 

Conclusion


If you are older or have pre-existing medical conditions, the best way to medicate with marijuana is by taking cannabis oil orally. It’s also extremely versatile, since it can be used to treat an array of conditions ranging from nausea to chronic pain, headaches, muscle pain, and so much more. While it may have reduced bioavailability compared to smoking, cannabis oil extracts do provide fairly quick relief for several conditions.

 

Smoking weed in any form, whether by flower, vape oil, or concentrates, should be avoided or limited altogether. There are also other potential consumption methods that are safer and more suitable for the immunocompromised, such as sprays, edibles, and topicals.

 

It also helps to carefully consider the type of cannabinoids you are consuming. For patients that need to medicate during the daytime, CBD or high-CBD products are always preferred. One must be careful with THC especially if you are older, operate machinery, or have no previous experience with psychoactive drugs. Always start with the lowest dose possible, and work your way to a higher dose slowly.

 

SAFEST WAY TO USE WEED, READ ON…

SAFEST WAY TO USE WEED

AMERICANS DON’T KNOW THE SAFEST WAYS TO USE WEED!



Source link

Continue Reading

Cannabis News

MLK Day: Cannabis and Civil Rights

Published

on

By


It has become an annual MLK Day tradition here at Canna Law Blog to remind our readers that, first and foremost, cannabis is a civil rights issue. We’ve explained why herehere, here and here.

The past year ushered in some promising developments, from progress with the MORE Act, to state and local developments on social equity licensing measures, to increased expungement of criminal records related to cannabis convictions. Things are looking up for 2021 as well, federally and in many states.

But it’s not enough. Regulation of cannabis–and the composition, orientation and momentum of the industry at large–is nowhere where it needs to be on civil rights issues. Not even close.

Here at Harris Bricken, we are committed to honoring MLK’s legacy this year through our continued work with the Last Prisoner Project, through reduced fees for minority-owned cannabis businesses, and through review and promotion of robust state-level social equity legislation.

Although Dr. King died 53 years ago, his legacy continues to resonate and expand. On this day honoring one of our greatest leaders, it is important to remember all of the reasons we strive to end prohibition– including the most important ones.



Source link

Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media