Cannabis News
New York’s Adult-Use Marijuana Regulations are Unconstitutional Rules Supreme Court Judge, Now What?
In a surprising development that echoed throughout New York’s regulated cannabis industry, a Supreme Court judge delivered a substantial setback to the state’s adult-use marijuana regulations on Wednesday. This followed a legal action initiated by Leafly Holdings last year against the Office of Cannabis Management (OCM), challenging the state’s ban on third-party advertising for cannabis retailers under free speech principles.
In a decisively worded ruling dated April 3, Judge Kevin Bryant of the Albany Supreme Court seemed to nullify a significant portion of the laws regulating adult-use marijuana in New York, deeming them “unconstitutionally vague.” Bryant criticized the OCM for providing insufficient justification for its regulatory framework, including the ban on third-party advertising.
Bryant stated that given the absence of any evidence regarding the process by which these regulations were formulated and endorsed, the Court is compelled to conclude that the determinations were arbitrary and inconsistent. Therefore, it lacks a solid and substantial basis in the record to support (OCM’s) actions.
Uncertainty and Chaos
Presently, the precise course of action remains uncertain. However, cannabis business attorneys emphasized that the ruling does not automatically render the state’s developing cannabis industry illegal.
Trying to get a comment from the Office of Cannabis Management (OCM), they did not provide an immediate response for an interview with top media outlets. Cannabis operators in the state, already on edge due to a troubled launch of adult-use sales that Governor Kathy Hochul described as a “disaster,” reacted to the ruling with a mixture of confusion and heightened anxiety.
Damien Cornwell, board president of the Cannabis Association of New York, emailed to comment that the judge seems to have invalidated ALL ADULT USE REGULATIONS in response to Leafly’s free-speech complaint. The judge may narrow his order to only address regulations concerning third-party platforms, marketplaces, or aggregators. Alternatively, he expects the OCM to appeal the decision and seek an emergency stay to enforce the judge’s ruling.
Callie Driehorst, a spokesperson for Leafly, welcomed the ruling, stating that they are pleased that the court has sided with their arguments upon reviewing the evidence. They hope this ruling prompts the New York Office of Cannabis Management to adopt a more sensible approach to promoting licensed and regulated cannabis in the state.
Little Expected To Change Soon.
In the short term, regulated cannabis businesses in New York that are already in operation or undergoing the permitting process are unlikely to experience significant changes, as attorneys informed the public.
Despite being distressing and disheartening and contributing to the existing uncertainty and chaos, Judge Bryant’s ruling does not imply that regulated marijuana enterprises are suddenly unlawful. Andrew Schriever, a partner at the Boston-based law firm Prince Lobel, specializing in cannabis law, has made this fact certain.
Schriever likened the situation to children raiding the liquor cabinet while their parents deal with a flood in the kitchen. One would hope a stay would be issued and regulations would continue until OCM and CCB (Cannabis Control Board) devise replacement regulations or another procedure.
However, the potential political consequences could be significant. Governor Hochul recently initiated a comprehensive audit of the OCM’s structure and operations, and speculations abound regarding the job security of top regulators. Meanwhile, frustrated lawmakers are expected to delve deeper into the matter.
State Senator Jeremy Cooney, chair of the Senate’s Subcommittee on Cannabis, remarked that the State Supreme Court decision was another setback in a series of blows New York’s adult-use cannabis market has faced since legalization three years ago.
While some adjustments to marketing regulations are warranted, the Court’s decision to invalidate all agency regulations will inevitably hinder progress at a critical time when we must vigorously combat illicit operations to foster a stronger, more equitable legal market.”
Latest Setback For the New York Market.
Almost three years have passed since New York state legislators enacted the Marijuana Regulation and Taxation Act (MRTA), yet the state’s regulated cannabis market remains entrenched in challenges. The process was hindered by the slow appointment of crucial positions within the Office of Cannabis Management (OCM) and its Cannabis Control Board (CCB) under former Governor Andrew Cuomo’s administration.
The rollout of legalized marijuana in New York encountered further hurdles due to a series of legal disputes, including controversies surrounding the Conditional Adult-Use Recreational Dispensary (CAURD) program, which initially prioritized licenses for social equity applicants. Despite these initiatives, as of the latest data from the OCM, only 99 businesses have been granted licenses to sell marijuana in the state.
In 2023, recreational cannabis sales in New York barely exceeded $150 million, a stark contrast to Missouri, which legalized adult-use sales approximately 18 months after New York and surpassed $1 billion in sales. Furthermore, New York hosts one of the nation’s most extensive illicit cannabis markets, with an estimated 2,000 unlicensed sellers operating solely in New York City.
This latest development will likely erode confidence in an already unstable situation. “If this decision stands, it will disrupt the entire adult-use market in New York, which has already faced delays and obstacles since the passage of the MRTA in 2021,” remarked Fatima Afia, a cannabis lawyer at Rudick Law Group in New York City.
Afia anticipates that the OCM will file an appeal, which could maintain the basic regulations while new ones are formulated. However, she noted that regardless of the outcome, the decision introduces uncertainty bound to heighten anxiety among applicants and licensees who have invested significant resources and time into the licensing process and are seeking clarity and stability.
Conclusion
In brief, a recent court ruling has disrupted New York’s legal marijuana scene. While it doesn’t instantly make the industry illegal, it compounds issues such as slow rule-making and widespread illegal sales. Prompt action is needed from politicians and regulators to address these challenges.
The future of legal cannabis in New York hangs in the balance, impacting not just businesses and regulators but also individuals who rely on it. As uncertainty looms, stakeholders eagerly await clarity and stability in the state’s cannabis market.
NEW YORK TO DOMINATE EAST COAST WEED? READ ON…
NEW YORK LEGALIZES RECREATIONAL WEED, THE NEW EAST COAST KINGPIN?
“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.
The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.
Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.
Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.
THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.
THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.
The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.
The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.
Detection Windows for Various Cannabis Drug Tests
Urine Tests
Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.
Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:
– Single-use (e.g., one joint): up to 3 days
– Moderate use (around 4 times a week): 5–7 days
– Chronic use (daily): 10–15 days
– Chronic heavy use (multiple times daily): over 30 days
Blood Tests
Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.
Saliva Tests
THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.
Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.
In areas where cannabis is illegal, saliva testing is often used for roadside screenings.
Hair Tests
Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.
Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.
Factors Affecting THC and Metabolite Retention
The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.
Other factors are specific to cannabis use, including:
– Dosage: How much you consume
– Frequency: How often you use cannabis
– Method of consumption: Smoking, dabbing, edibles, or sublingual
– THC potency: Higher potency can extend detection time
Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.
How Quickly Do the Effects of Cannabis Set In?
When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.
The psychoactive component THC produces a “high” with common effects such as:
– Altered senses, including perception of time
– Mood changes
– Difficulty with thinking and problem-solving
– Impaired memory
Other short-term effects can include:
– Anxiety and confusion
– Decreased coordination
– Dry mouth and eyes
– Nausea or lightheadedness
– Trouble focusing
– Increased appetite
– Rapid heart rate
– Restlessness and sleepiness
In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.
Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:
– Cognitive issues like memory loss
– Cardiovascular problems including heart disease and stroke
– Respiratory illnesses such as bronchitis or lung infections
– Mood disorders like depression and anxiety
Cannabis use during pregnancy can negatively impact fetal growth and development.
Duration of Effects
Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.
Bottom Line
The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.
PEE IN A CUP COMING UP, READ ON..
Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.
From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.
However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.
Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.
Understanding Kratom: Origins and Prevalence
Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.
The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.
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From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.
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Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.
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As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.
The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.
Is Kratom Addictive: Investigating the Substance’s Nature
The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.
How Kratom Works in the Brain
Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.
Patterns and Consequences of Long-term Use
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Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.
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Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.
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Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.
Assessment of Addiction Risks
Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.
Physiological Effects: Kratom’s Impact on the Body
There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.
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Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.
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Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.
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FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.
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Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.
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Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.
Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.
Conclusion
Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.
Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.
When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.
The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.
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