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New York Cannabis: A Plea to the Office of Cannabis Management

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It has now been over one week since New York’s Cannabis Control Board (CCB) and Office of Cannabis Management (OCM) announced that the general adult-use cannabis license application portal will open on October 4, 2023. For those counting at home, that is less than two weeks away. We, like the many parties with a vested interest in the opening of the application portal, wait with bated breadth for the OCM to provide any news on the myriad open items that are fundamental to the adult-use application process.

People have invested life-changing amounts of time and money in planning to apply for these licenses. It feels like we are still in the dark on so many vital issues with a little over two months before the application portal is scheduled to close (that’s one month for retail dispensary applicants with secured real estate). This writing serves as a public plea that the OCM at least begin providing information on the crucial topics below.

When is the general adult-use cannabis application portal actually opening?

Just about every attorney in New York’s cannabis space immediately noted that the CCB and OCM’s September 12, 2023 announcement, that the application portal is opening on October 4, 2023, appears to violate the Marijuana Regulation and Taxation Act (MRTA). Put simply, the MRTA required at least 30 days notice prior to opening the application portal. For those counting at home, there are less than 30 days between September 12, 2023 and October 4, 2023.

The always excellent Brad Racino reported the OCM’s response, which took the position that the OCM provided notice of the application opening date “as far back as the July 19 Cannabis Control Board Meeting” and that the timing is “fully compliant with the letter and spirit” of the MRTA. We are not familiar with any official OCM announcement that the application portal was to open on October 4, 2023 before September 12, 2023.

It would be really helpful to know when the application portal is actually opening.

Can we have those forms, please?

We’ve already discussed the missing Notification to Municipality form that is required for any retail dispensary applicants with secured real estate. It would also be pretty helpful to have the official True Party in Interest form. As is the case with the Notification to Municipality, the only available iteration of the form is specific to CAURD applicants.

What about the Guidance and FAQs for adult-use cannabis applications?

During the September 12, 2023 board meeting, there was repeated mention of the OCM releasing guidance and FAQs for prospective applicants. The OCM’s guidance and FAQs were immensely helpful during the CAURD application process, especially given the complexity and variety of license types and application processes.

To date, no guidance or FAQs have been published and, given the rapidly approaching application deadlines, we’d love to receive some guidance from the OCM.

How and who is the OCM prioritizing as social and economic equity applicants?

Kind of buried in the September 12, 2023 presentation is that “prioritization for adult use cannabis licenses will be afforded to applicants qualifying as extra priority, individuals from a CDI, distressed farmers, and service disabled veterans.” The OCM noted that it is “unable to extend the same prioritization as groups qualifying on the basis of gender or race.” Those quotes are from the published transcript from the CCB meeting (h/t to Aleece Burgio).

Of course, the MRTA is very clear that only one category of social and economic equity applicants is entitled to “extra priority”: individuals from communities disproportionately impacted by the enforcement of cannabis prohibition, who have a below median income (there’s some specific language regarding the percentage) and who have or are related to someone who has a marijuana-related offence prior to the enactment of the MRTA (again, there are some specifics).

There is no statutory mention of distressed farmers and service disabled veterans receiving “extra priority.” The roll-out of New York’s adult-use cannabis market is already a pretty litigious situation; the OCM’s deviation from the MRTA with respect to extra priority seems to invite yet another legal challenge should the OCM not “clarify” in advance of opening the application portal.

We are sure that we are missing some other critical issues, not because they aren’t important but because with this many moving parts and so much missing information, it’s hard to capture it all in one post. But we invite you to list any other issues you see in the comments to this post (or in LinkedIn or any other social media).



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MLK Day 2025: Cannabis and Civil Rights

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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:



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

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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!



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MLK Day: Cannabis and Civil Rights

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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.



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