Connect with us

Cannabis News

Nebraska Tribe Says State Officials Are Punishing It For Legalizing Marijuana By Suspending Talks On Separate Tobacco Tax Deal

Published

on

“People need to understand that this issue is still going to be fought hard to the end, even though I think the voters of Nebraska have spoken.”

Zach Wendling, Nebraska Examiner

The The Omaha tribe in Nebraska is moving forward with legalizing marijuanathe tribe’s attorney general says Nebraska officials used them to disrupt negotiations over an unrelated state-tribal tobacco tax deal.

The tribe called the move “just retaliation.”

Omaha Tribe Attorney General John Cartier said an assistant state attorney general called him Monday, an hour before the tribe’s first cannabis commission meeting. Cartier learned that state officials would no longer negotiate a tobacco tax deal because of the tribe’s more permissive stance on marijuana.

The Omaha Tribal Council voted unanimously in July legalize medical cannabis and recreational marijuana for adults. The initial focus of the tribe’s cannabis commission is “strictly” medical cannabis.

“It gave me pause for about 30 seconds there because I didn’t really anticipate that level of obstruction,” Cartier told the Nebraska Examiner on Thursday. “At least I appreciated the honesty and the honesty of it.”

If a tobacco tax deal gets the green light, states and tribes could split revenue from tobacco sales on the reservation. It could be a new potential hundreds of thousands of dollars for the tribe.

The Omaha Tribe’s reservation is located in northeastern Nebraska, more than 300 square miles, primarily in Thurston County and parts of neighboring Burt and Cuming Counties.

‘Direct retaliation’

In a follow-up interview with Attorney General Mike Hilgers (R) this week, Cartier said Hilgers indicated his office would confirm the state’s official position and how Gov. Jim Pillen (R) wanted to proceed.

Pillen asked Hilgers this summer to negotiate the contract on behalf of the State of Nebraska. The AG’s Office declined to comment on the intense negotiations. Pill’s office did not respond to questions about the dispute this week.

Cartier said he doesn’t foresee any change because “none of them fundamentally believe in the cannabis industry.” He said the AG’s Office also plans to spend additional tax dollars on more policing of the Omaha Tribe’s border because of the new tribal law.

“If that’s their official position, in our opinion, that’s direct retaliation, to potentially shirk their responsibilities legally and use this as leverage,” Cartier said.

Cartier added, “People need to understand that this issue is still being fought to the hilt, although I think the voters of Nebraska have spoken, and they should honor that.”

“two plus two is four”

In November 2024, voters overwhelmingly voted to allow someone to possess 5 ounces of medical cannabis with a doctor’s prescription. Voters also created a new state commission to regulate the new drug. The state board’s rules would eventually allow the purchase of medical cannabis in the state, a milestone not expected until at least mid-2026.

Hilgers has argued that cannabis should remain illegal because federal law classifies marijuana as a Schedule I drug; The federal government says the drug has a high potential for abuse and has not approved it for medical use. A bipartisan group of advocates has called for drug rescheduling for decades.

Congress has repeatedly prohibited the US Department of Justice from interfering with state medical cannabis programs. Advocates, including from Nebraska, have pointed to the Tenth Amendment to the US Constitution to protect states’ rights to legalize marijuana.

“I think two plus two is four, even though everyone else says two plus two is five,” Hilgers said in May.

Pillen says he has always supported medical marijuana, but wants it strictly regulated to prevent a slide into legalizing recreational use. In September 2023, as advocates prepared for a third and ultimately successful petition campaign, Pillen said access to medical cannabis should only come with the approval of the US Food and Drug Administration. That hasn’t happened yet.

Nebraska followed dozens of other states in passing medical cannabis laws in 2024, a nationwide push Hilgers acknowledges is part of voter frustrations. He called the failure to enforce the laws created by the federal government “a colossal failure.”

“I’m a big guy. It doesn’t bother me,” Hilgers, a former state lawmaker, said of opponents of his policy stance. “I’ve been through wars. What people mean, they mean.”

Hilgers’ office has not publicly commented on the tribe’s position on marijuana.

Negotiations began in July

Cartier said the Omaha tribe contacted Pillen in July to begin discussing the tobacco tax deal. The Santee Sioux Nation has that agreement, which allows the Santee Sioux to retain 75 percent of tobacco tax revenue. The Omaha tribe says it wants to keep 90 percent of the tobacco tax revenue from the state’s additional regulatory obligations, subject to negotiations.

State and tribal officials met in August on a tobacco tax contract, a meeting Cartier said was “very productive” and left “hopeful for real progress.” The state promised to offer suggestions or a counter proposal within weeks.

“After months and months of promises and negotiations that they have to take away from us at the last minute, it really makes no sense to me,” Cartier said.

Cartier said it’s easy to get emotional or moved by such a response, which he described as a continuation of the government’s punishment of Native Americans “for just existing.” He said the Omaha Tribe is working to support its members and has adopted a policy that could provide millions in economic development and job opportunities without relying on the federal government.

A contrasting tribal committee

Cheyenne Robinson, secretary of the Omaha Tribal Council, said Monday she was excited about the “historic day” for the people of Omaha.

“We are moving forward to commit to our sovereignty, responsible regulation and economic diversification,” Robinson said. “Looking forward to what’s to come.”

Jason Sheridan, chairman of the Omaha Tribe Council, said Monday that every member of the council knew someone who could benefit from medical marijuana. He said he was glad the tribe was moving forward.

“I just trust all of you,” Sheridan told the committee.

The Omaha Tribe on Monday swore in four members to its cannabis commission: Jayzon Hundley, Amanda Hallowell, Arthur Isagholian and Allison Stockman. Cartier is also on the board as a non-voting member. The tribe can add one more member.

Hundley, the tribe’s grant accountant, and Hallowell, a registered nurse, are members of the Omaha Tribe. Isagholian, who has experience in agriculture, and Stockman, who has experience in public safety and public health, bring about 40 years of experience in the cannabis sector in other states.

The initial meeting included a discussion of future board rules and regulations, with a focus on testing marijuana products for safety and how to navigate a potentially hostile situation beyond its borders. One solution may be to try out the reserve products.

“Even if we think we have a legal right … they’re probably more than willing to fight it in court,” Cartier told commissioners Monday, referring to the Nebraska AG’s Office.

Cartier said the tribe will defend its sovereignty and laws if necessary. The committee will meet next November 19, and then it can approve its rules.

‘Driver’s Seat’

The Nebraska Medical Cannabis Commission’s state regulations regarding final approval have been criticized by many as overly burdensome. The restrictions include allowing 12 dispensaries statewide.

Nebraskans must receive a medical cannabis-specific recommendation from a physician registered with the state’s medical cannabis program to enter a licensed state dispensary. Dispensaries could not sell combustible products, vapes, edibles or raw flowers. Couldn’t buy more than 5 grams of delta-9 tetrahydrocannabinol (THC) every 90 days the part associated with most cannabis.

The state board could finalize its regulations and seek final approval of Hilgers and Pill as soon as Monday.

Cartier said the tribe hopes to provide “significant opposition” to state regulations and promote access to medical cannabis, an issue he said would have “nothing to do” with tobacco taxes.

“We decided now is a good point to take this to the public, without waiting for a response from the attorney general and the governor Hilgers, because from our point of view we are not in this,” Cartier said. “We are in the driver’s seat, and we want to maintain that attitude.”

This story was first published by the Nebraska Examiner.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Missouri cannabis growers file class action against Good Day Farm

Published

on

By

CPC of Missouri-Smithville, LLC and GF Saint Mary LLC, licensed cannabis growers and manufacturers in Missouri, filed a lawsuit in the Circuit Court of Jackson County on behalf of independent wholesalers, alleging that Good Day Farm (GDF) and its network of conspiring companies and investors were harmed by an intentional, coordinated and unconstitutional scheme. The complaint alleges that the “GDF Cartel” illegally controls or manages the state’s share of dispensary licenses and uses that market power to manipulate Missouri’s $1.52 billion cannabis market for its own profit.

GDF and its co-conspirators allegedly built the cartel by arranging for third parties to invest in limited liability companies (LLCs) that then acquire additional dispensaries, cultivation and processing facilities, all of which are owned, operated or controlled by GDF. The result: The alleged cartel exercises effective control over at least 61 dispensaries, nearly triple the 22 allowed by the Missouri Constitution, with more than 10% of dispensary licenses “under substantially common control, ownership or management.” With 224 dispensaries currently licensed statewide, the alleged GDF Cartel controls more than one in four dispensary licenses in Missouri. But its influence is even greater, with alleged Cartel dispensaries accounting for more than 40% of wholesale cannabis in the state, giving it significant — and illegal — influence over all independent growers and manufacturers forced to sell through its network.

To avoid the Missouri Constitution’s 10% licensing limit and avoid regulatory oversight, the alleged cartel operates under five different brand names:

  • Good Day Farm (21 dispensaries),
  • CODES (20 dispensaries),
  • Green light (10 dispensaries),
  • Fresh Karma (6 dispensaries), and
  • 3 Fifteen Primo (4 medications).

But they’re all part of a single, coordinated operation, the complaint says.

  • Purchase cannabis products from non-Cartel wholesalers at artificially depressed prices;
  • They supply their 61 dispensaries with the same products—mainly those produced by Cartel growers—significantly excluding products from independent wholesalers;
  • Force independent drug wholesalers to purchase the Cartel’s finished products as a condition for their wholesale products to be placed on the Cartel’s drug store shelves; and
  • Boycott non-cartel wholesalers who refuse to agree to anti-cartel demands.

Bob Hoffman, one of the attorneys leading the case, said: “The GDF Cartel is removing competition from the wholesale cannabis market and enriching itself with illegal profits through a counterproductive, clandestine business conspiracy. Missouri growers and manufacturers have been suffering under this scheme for a long time; many of them know something is wrong, but we don’t realize how the cartel has manipulated the market through this manipulation framework. Missourians to approve recreational cannabis in 2022 They voted for a fair and competitive market. Missouri licensed cannabis businesses that have suffered these practices should join us because they may be entitled to substantial damages.”

The complaint alleges the financial toll the Cartel has taken: Since the Cartel began illegal price-fixing, it has used its collective market power to lower wholesale prices by more than 20%, and continues to squeeze wholesalers and threaten the viability of their operations.

The unconstitutional complaint alleges that GDF knew its plan to build cartels could create legal risks for the company under the Constitution’s 10% licensing limit. The complaint quotes from a document provided by GDF to potential investors: “There can be no assurance that the Missouri Department of Cannabis Regulation will not dispute the number of marijuana dispensaries operated or supervised by the operator or its affiliates…”.

This action is brought on behalf of a putative class that includes all licensed independent wholesalers in Missouri that are not members of the alleged GDF Cartel for purposes of injunctive relief. Wholesalers who believe they have been financially harmed by the alleged Cartel’s practices should join the case because they may be entitled to substantial damages. The putative class is represented by the law firms of Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP.

Source: Feuerstein Kulick LLP and Bryan Cave Leighton Paisner LLP

Continue Reading

Cannabis News

State-Licensed Marijuana Businesses Can Now Apply For Federal Protections Using New DEA Form

Published

on

By

State licensee Medical marijuana companies can apply for federal protections In line with the Trump administration’s cannabis reprogramming process.

The Drug Enforcement Administration’s “Medical Marijuana Dispensary Registry Portal” went live Wednesday morning.

The move comes after the Justice Department announced that last week Marijuana Schedule I through III of the Controlled Substances Act (CSA), in stages.

Pursuant to an order signed by Attorney General Blanche, marijuana products regulated by a state medical cannabis license were immediately moved to Title III.

III. State-licensed medical cannabis dispensaries that wish to take advantage of the new legal protections and tax benefits that come with annexation status must first file an application with the DEA requesting information about their processes for storage, ordering, distribution, inventory, record keeping and other aspects of their business.

For each activity below, indicate whether the company has a standard operating procedure (SOP):

    • the order
    • receiving
    • Inventories
    • Marijuana storage
    • security
    • Distribution (including delivery services)
    • to divide
    • Destruction/Disposal
    • Reporting Theft/Loss
    • Due diligence (including provider/patient/professional verification)
    • Corresponding Liability
    • Record keeping”

The application asks about specific details of security measures such as vaults, safes, secure storage, access controls, alarm systems and on-site security personnel.

Applicants can choose whether to apply for administration of marijuana, marijuana extracts, or naturally derived delta-9 THC.

Currently, with only medical marijuana moving to Schedule III, the application asks potential registrants whether their businesses handle or provide recreational marijuana.

According to last week’s DOJ order, an expedited administrative hearing process will be held beginning June 29 to consider the broader cannabis reorganization.

The DEA application, meanwhile, also asks companies to submit information about their state’s cannabis licenses and to answer questions about their criminal and disciplinary history.

It also asks, “Has anyone involved in the ownership or operation of the business previously manufactured, distributed, and/or provided a controlled substance without a DEA registration authorizing such activity?”

Allegedly every illegal cannabis company operating in the state today has key employees who have done so, medical marijuana was a Schedule I substance whose manufacture, distribution and general distribution was not permitted by the DEA until just a few days ago.

Applicants must also list the suppliers from whom they plan to procure marijuana, and report whether they plan to repackage or relabel cannabis products.

They must also provide lists of people whose business they expect to have “access to controlled substances,” including their dates of birth, social security numbers, and drug-related criminal histories.

“Provide the following for each person you plan to acquire controlled substances:

    • The name
    • Title(s)
    • date of birth
    • Social Security number
    • DEA registration numbers, if applicable
    • State/territory permits to manufacture, distribute, dispense, or otherwise handle controlled substances
    • Has this person been subject to one or more federal, state, territorial, or tribal disciplinary actions?
    • Has this person been convicted of federal, state, territorial, tribal, or local offenses related to controlled substances?

There is also $794 per year the application fee, currently only payable through PayPal, although DEA ​​”expects to have additional payment methods in the coming weeks.”

Application fees are non-refundable.

Separately, the DEA has launched a new web page on its website that contains key information about the new federal rescheduling move for cannabis, including copies of Federal Register orders outlining the process for the amendment and the upcoming litigation.

Blanche’s reorganization order last week said that to comply with the international drug control treaty’s “requirement that a government agency act as the exclusive purchaser of cannabis production,” the DOJ is setting in motion a process by which the federal government technically buys from marijuana producers and then sells to them or related entities.

“Registered growers must store the crops in a DEA-accessible facility until that transaction is completed, and each grower’s registration must specify the area in which the grow is allowed,” he said.

“All manufacturers registered under this subsection shall establish a nominal price for the purchase of their marijuana crops. The Administration shall then purchase the entity’s crops at that price and resell the crops to the entity, or a related or supporting entity, at the same price plus the administrative fee calculated in section 1318.06(a)..”

Meanwhile, the US Treasury and Internal Revenue Service (IRS) said they plan to issued new tax guidelines for the marijuana industry after the reorganization announcement.

The reorganization will benefit state-licensed marijuana businesses by allowing them to take federal tax deductions that are currently prohibited under IRS Code Section III, known as Section 280E.

White House Press Secretary Karoline Leavitt said the administration is moving forward with the marijuana overhaul because Cannabis reform is “very popular” with voters and because doing so will help people who need access to the drug for medical purposes.

At the press event held in the Oval Office last week, President Donald Trump spoke about the medical benefits of marijuana.

“A lot of people are facing big problems, and that seems to be the best answer,” he said. “They’re very happy. So the reorganization begins, and that’s a big thing, the reprogramming.”

The president stated that his administration’s rescheduling of cannabis came about after his friend Howard Kessler told him about his use of medical marijuana.

“He had some medical difficulties, and it came about by chance, kind of,” he said. “He had to go through a lot of different medications, and he said this was the one that was so much better than anything else. And so he lived through that. He didn’t benefit from it, because now he lives much better from the perspective.”

“So we hope you don’t have to,” Trump said. “But if you must, I hear it’s the best of all alternatives.”

Separately, the president asked Congress to take action changing the law that threatens to federally recriminalize hemp-derived full-spectrum CBD products later this year

“We need to do this STRAIGHT and FAST, especially for those who have found CBD helping them,” he said in a social media post. “Also, I’m told it will help our BIG FARMERS that we love and will always be around.”

A few days ago, Trump denounced this Federal officials were “slowly” pursuing his cannabis warrant.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Continue Reading

Cannabis News

Klasmann-Deilmann announces management changes

Published

on

By











After fifteen years of successful cooperation, managing director Moritz Böcking and the shareholders of Klasmann-Deilmann GmbH have mutually agreed to part ways. As of May 1, 2026, Moritz Böcking will hand over the position of managing director to Jan Astrup, who served as the company’s CEO in 2021/2022. Jan Astrup and Damian Ikemann will form the Board of Directors of the Klasmann-Deilmann Group from now on.

© Klasmann-Deilmann Benelux

Klasmann-Deilmann thanks Moritz Böcking for his cooperation and the progress achieved in the transformation of the Klasmann-Deilmann Group. Moritz Böcking expanded Klasmann-Deilmann beyond the growing media business into new areas of commercial horticulture and promoted innovation and digitalization within the company. In addition, its achievements include the expansion of resources derived from renewable raw materials, as well as the acquisition of a subsidiary in Australia and production facilities in France and Canada, which operate in cooperation with external partners. He also significantly advanced Klasmann-Deilmann’s positioning as a global pioneer of sustainable development in the growing media industry, thereby making a decisive contribution to the company’s economic growth.

With Jan Astrup, Klasmann-Deilmann is getting an internationally experienced manager who has proven himself in the company and has extensive experience in raw materials, production, process optimization and technology. With the new CEO, raw materials and technology-driven areas for the substrate industry are now increasingly important at senior management level. Jan Astrup will strengthen the core commercial horticulture business and help develop the company for the future.

For more information:
Klasmann-Deilmann GmbH
(email protected)
www.klasmann-deilmann.com



Publication date:













Continue Reading
Advertisement

Trending

Copyright © 2021 The Art of MaryJane Media