Cannabis News
Oregon Cannabis Roundup: Fall 2024
Published
2 months agoon
By
admin
Now that Labor Day is in the rear view and people are paying attention again, it seems like a good time to drop a line on Oregon cannabis. Here are some highlights, to launch you into fall.
OLCC’s 2024-2028 Strategic Plan
A draft of the 2024-2028 Strategic Plan was first circulated at a Commission meeting in June, and finalized and published sometime last month. The Plan covers both alcohol and cannabis, because OLCC regulates both of those things. The Plan is probably very interesting and salient to various people inside of the Commission; less so to most of the rest of us. Still, it contains a couple of highlights for the local cannabis industry.
License reassignment program
Finally. The Plan sets forth a delayed initiative to “establish criteria and process for marijuana license reassignment that offer opportunities for qualified members of underserved communities and those historically affected by cannabis criminalization.” That longish, unpaced sentence belies a welcome sentiment.
The license reassignment concept came in through House Bill 4016 in the 2022 legislative session. If you are interested in the background on this, please read our 2022 posts here and here. And also this post from February, where I explained why this should be coming in 2024. My guess (just a guess) is that delays on this stem from OLCC conferral with the State DOJ, to try to minimize lawsuit exposure. Regardless, let’s hope the Commission can find a way to get more diversity into the license pool.
Improved licensing processes
The Plan adopts a goal to “improve licensing processes to eliminate unnecessary burden on applicants, increase efficiency and reduce wait-times [sic].”
I love this goal too. Even in the best of times, OLCC marijuana licensing has been a three- to four-month process. In the worst of times, it bogged down entirely due to a combination of application volume, insufficient staff, and excessive application requirements. Today, we’re somewhere in the middle, with applications submitted on or before June 3 being assigned to investigators (a typical license issuance might occur 6-8 weeks after such assignment).
Related to this “optimization” goal, OLCC began a phased rollout of its new Cannabis and Alcohol Management Program (CAMP) earlier this spring. We all sort of hated it– the system was cumbersome and frustrating in various ways. Things seem to be improving somewhat, though, and OLCC has been responsive in working through snags.
In all, we’re happy to see a focus on pace and refinement. Buyers and sellers of Oregon cannabis licenses would welcome “increased efficiency and reduced wait times” now that OLCC is no longer taking new marijuana license applications in almost all categories. Closing on these transactions is pegged directly to OLCC license issuance, which extends nearly all sales timelines (and sometimes tanks them).
Rules review
Another goal that jumped out for me was OLCC’s initiative to “conduct a multi-year review and revision of our rules structure and language [with industry parties, including licensees].”
You may appreciate that most or all OLCC cannabis rules did come through a review and vetting process. Many collaborators weigh in prior to rulemaking, at the legislative level, and others through rules advisory committees (RACs) hosted by OLCC. Things change, though, and in my opinion many of the OLCC marijuana rules—where the Commission isn’t pinned down by statute—could use a second look. In the most general sense, I’d like to see cannabis in Oregon regulated more like alcohol, despite the chain-of-custody difference. It can be done.
OLCC in general
From this observer’s perspective—informed in part by talking with Commission staff—things have settled down inside of OLCC. Staff will acknowledge that last year’s La Mota and liquor-hoarding scandals cast a pall over the Commission, but the shadow has passed (even with La Mota hanging onto its licenses). The Commission’s marijuana side, by all reports, is very collaborative, better systematized, and back to “business as usual”– especially now that licenses are capped.
Speaking of license caps, last month a RAC convened on the topic. I’ve explained that, due to House Bill 4121, we probably won’t see an increase in producer or retailer licenses in most of our lifetimes. That is still the case. Wholesale licensing, on the other hand, could open up as soon as next year, and processing perhaps in 2026 or 2027. The way the statutory language is written, OLCC would open the portal when licenses dip below certain counts. Interestingly, OLCC will have to come up with application denial criteria for relevant, previous applicants.
Elsewhere, OLCC is still active in the Cannabis Regulators Association (Cann-Ra), an organization for cannabis regulators all around the United States. Historically, Oregon has purchased a statewide membership, which means that OLCC and other Oregon agencies regulating cannabis – including OHA, DOR and ODWR – are also at the table. Hopefully OLCC finds a way to export some of its best ideas (e.g. early removal of resident-ownership requirements; interstate compact promotion), while leaving off some of the historically frustrating strictures (e.g. individual plant tagging; opaque and inconsistent enforcement rules and policies).
Ballot Measure 119 – cannabis labor peace agreements
This one is on the November 5 ballot as an initiated state statute, and I’m surprised people aren’t talking about it more.
If Measure 119 passes, every cannabis retailer and processor will be required to submit a signed labor peace agreement to OLCC. Measure 119 would not apply to producers, wholesalers, or labs. (Note: I’m a union guy, but I also believe the requirement for producers, in particular, would be a shit show. It’s neither here nor there.)
Compulsory peace agreements aren’t anything new in cannabis, although it would be something different here in Oregon. California, for example, requires labor peace agreements for many of its cannabis licensees, and has for many years. We had clients struggle with the concept initially, and we saw some fumbled roll-outs, but people eventually adjusted.
Measure 119 further provides that retailers and processors would be required to remain neutral, under the peace agreements, when labor organizations communicate with employees about collective bargaining rights “with any licensure or renewal application.” That part is not exactly clear to me; let’s see how it goes.
The United Food and Commercial Workers Local 555 spent a good deal of money to get Measure 119 on the ballot, rounding up some 163,000 signatures when only 117,173 were required. This follows on a stymied effort to get House Bill 3183 passed last year, which would have accomplished the same thing legislatively.
I’m not aware of any polling on Measure 119, but my guess is that it will pass– Oregon is a “union” state, consistently outpacing the U.S. at large in per capita union membership. So this is one to watch.
Rumblings on legislative priorities
The 2025 Oregon legislative session will be a long session, stretching from January into the summer. The deadline for pre-session bill filing isn’t until December 13, so we are a ways out on seeing any concrete proposals of record. That said, CIAO keeps its legislative priorities list updated here, and it has been in active discussions with membership as to what folks would like to see.
Here at the firm, we’ve been talking with a few private parties on special interest bills, and you can expect to see certain cannabis bills that expired in 2024’s short session to be revived. We’ll check in on all of this in January, as we always do here on the blog.
In the meantime, here’s to a beautiful September, with nobody’s farm smoked out by the fires. See you soon.
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Another Setback for Recreational Marijuana in Florida…
Published
4 hours agoon
November 15, 2024By
admin
In the 2024 election, Florida’s Amendment 3, which sought to legalize recreational marijuana for adults aged 21 and over, garnered 55.9% support —falling short of the 60% supermajority required for constitutional amendments in the state. This outcome has left proponents of marijuana reform contemplating the next steps to achieve legalization.
Understanding the Defeat of Amendment 3
Amendment 3 aimed to permit adults to possess up to three ounces of marijuana and five grams of cannabis concentrate for personal use. It also proposed allowing existing Medical Marijuana Treatment Centers to sell marijuana to adults for recreational purposes.
Despite receiving a majority vote, the amendment did not meet Florida’s stringent 60% threshold for constitutional changes.
Several factors likely contributed to the amendment’s defeat. Governor Ron DeSantis led a robust campaign against the measure by utilizing state funds and significant donations, including $12 million from billionaire Ken Griffin, to fund opposition efforts. The opposition’s messaging focused on concerns about public safety, potential increases in crime, and the societal impact of legalizing recreational marijuana.
Legal Perspectives on the Outcome
Criminal attorney Joshua Padowitz, who has extensive experience in drug-related cases, both as prosecutor and defense attorney, offers insights into the implications of the amendment’s failure. “The defeat of Amendment 3 means that individuals in Florida will continue to face criminal penalties for possession of marijuana, even in small amounts,” Padowitz explains. “This perpetuates a flawed, unjust system where non-violent offenders are subjected to legal consequences that can have lasting effects on their lives.”
Padowitz astutely emphasizes the need for reform, stating, “The current legal framework appears to disproportionately affect minority communities and contributes to the overburdening of our criminal justice system. Legalizing recreational marijuana could alleviate some of these issues by reducing the number of individuals prosecuted and jailed for minor drug offenses. Here in Broward County, Florida, elected State Attorney Harold Pryor has boldly and commendably enacted a policy in his office to not prosecute most minor marijuana possession cases, which effectively discourages law enforcement from pursuing these types of arrests. Unfortunately, Pryor’s forward-thinking directive is not uniform throughout the State of Florida and it remains a criminal offense, subjecting a person to a deprivation of their liberty and a criminal record if convicted.”
Steps Forward for Advocates of Recreational Marijuana
Despite the setback, supporters of marijuana legalization in Florida are exploring various avenues to advance their cause:
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Legislative Advocacy: Engaging with state legislators to introduce and support bills that decriminalize or legalize marijuana. Building coalitions with lawmakers who recognize the benefits of legalization is crucial.
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Public Education Campaigns: Informing the public about the benefits of legalization, including economic growth, job creation, and the potential for tax revenue. Addressing concerns about public safety and health through evidence-based information can shift public opinion.
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Future Ballot Initiatives: Analyzing the shortcomings of Amendment 3 to craft a more comprehensive proposal for future elections. Gathering broader support and ensuring clear, concise language can improve the chances of meeting the 60% threshold.
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Legal Challenges: Exploring the possibility of challenging existing marijuana laws in court, arguing that they are unconstitutional, outdated, or do not reflect current societal norms and scientific understanding.
The Role of Medical Marijuana Providers
Companies like Trulieve, Florida’s largest medical marijuana operator, have been significant proponents of legalization efforts. Trulieve contributed nearly $145 million to the campaign supporting Amendment 3. Their involvement underscores the potential economic benefits of a legal recreational market.
However, the defeat of Amendment 3 has financial implications for these companies. Following the election, cannabis stocks experienced a sharp decline, reflecting investor disappointment. This economic impact may motivate continued advocacy from industry stakeholders.
Public Opinion and Future Prospects
Public support for marijuana legalization has been growing nationwide. A 2023 Gallup poll indicated that approximately 70% of Americans support legalizing marijuana. In Florida, the 55.9% support for Amendment 3 demonstrates a majority favoring legalization, even if it did not meet the required threshold.
Advocates can leverage this support by mobilizing grassroots campaigns, engaging in community outreach, and highlighting successful legalization efforts in other states. By addressing concerns and presenting a unified, well-organized front, proponents can work towards achieving legalization in future elections.
Concluding Thoughts
The defeat of Florida’s Amendment 3 in the 2024 election is certainly a major setback for proponents of recreational marijuana legalization. However, the majority support it received indicates a shifting perspective among Floridians. By learning from this experience and employing strategic advocacy, public education, and legislative efforts, supporters can continue to push for reform. As attorney Joshua Padowitz encouragingly notes, “Change is often a gradual process, but with persistent effort and a focus on justice and equity, we can move towards a legal framework that reflects the will of the people and the realities of modern society.”
Cannabis News
Margin Compression Madness – $1,000 Fine for Selling Weed at Too Low of a Price?
Published
5 hours agoon
November 15, 2024By
admin
A cannabis store in Revelstoke, British Columbia, has been fined $1,000 for selling products at a 50% discount, violating provincial regulations. The Liquor and Cannabis Regulation Branch (LCRB) determined that the sale breached rules against selling cannabis below cost. The penalty was issued following a hearing in October, with the fine due by November 23, 2024. This incident highlights ongoing regulatory scrutiny in the cannabis industry as it navigates complex pricing laws.
The trouble began when Fresh Cannabis Co. Inc., operating as Cost Cannabis, advertised a massive sale on all products and accessories, slashing prices by half. This promotion caught the attention of the LCRB after a complaint was lodged on April 22, 2024. An inspector visited the store just days later to investigate whether the store was indeed selling cannabis below the minimum prices set by the government.
During the inspection on April 25, the inspector asked about four specific products, and staff confirmed that their sale prices were lower than their listed prices. However, when asked for documentation regarding their purchase prices, the store could not provide it at that moment. This lack of transparency raised further concerns.
After a thorough investigation that included requests for sales records and inventory lists, it became clear that Cost Cannabis was selling products below both the price they paid to the provincial distributor and the wholesale price. The LCRB’s ruling emphasized that such practices could lead to public safety issues, including over-consumption and loss of control among consumers.
Regulations surrounding cannabis sales in British Columbia
The regulations surrounding cannabis sales in British Columbia are designed to create a safe and stable market. The LCRB enforces rules that prevent retailers from selling cannabis at prices lower than what they paid to ensure fair competition and consumer safety. These measures aim to deter practices that could lead to over-service or over-consumption of cannabis products.
In this case, Dianne Flood, a delegate from the LCRB, noted that the store should have anticipated that a blanket promotion of 50% off would raise red flags for regulators. She pointed out that there was no evidence showing that Cost Cannabis had taken steps to prevent such violations from occurring.
Cost Cannabis Defense
Faced with the fine, Cost Cannabis admitted to violating minimum pricing rules but argued that these regulations do not effectively prevent over-service or over-consumption. They contended that the persistent presence of an illicit market—where cannabis can be purchased at significantly lower prices—poses a greater risk of unsafe consumption than licensed retailers selling below minimum prices.
The store highlighted that many consumers still turn to unregulated sources for their cannabis needs because of price disparities. They claimed this underground market is often more likely to contribute to public safety issues due to potentially tainted products.
Despite their arguments, Flood concluded that the violation had been proven and imposed a $1,000 fine—the minimum penalty for such an infraction. She stated that first-time violations could result in either a monetary penalty or a short suspension of the business’s license.
Broader Industry Implications
The incident involving Cost Cannabis in Revelstoke, British Columbia, raises significant questions about pricing strategies within the province’s legal cannabis market. As retailers navigate an increasingly competitive landscape, they must find a balance between competitive pricing and regulatory compliance while addressing consumer preferences influenced by a persistent illicit market.
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The Challenge of Compliance
The fine imposed on Cost Cannabis for selling products at a 50% discount highlights the stringent regulations governing cannabis pricing in British Columbia. Retailers are prohibited from selling cannabis below the price they paid to the government or below the wholesale price. This regulation aims to prevent practices that could lead to over-consumption and protect public safety. However, it also creates challenges for retailers who want to attract customers in a crowded market.
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Understanding Regulatory Frameworks: Retailers must have a clear understanding of the regulations that govern their pricing strategies. Compliance with minimum pricing laws is crucial not only to avoid penalties but also to maintain their licenses and reputations. Failure to comply can result in fines, as seen in this case, and can damage consumer trust.
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Strategic Pricing Models: Developing a strategic pricing model that aligns with both regulatory requirements and market expectations is essential. Retailers should conduct thorough market analyses to understand competitor pricing and consumer behavior. This understanding can help them position their products effectively while adhering to legal standards.
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The Impact of the Illicit Market
The ongoing presence of the illicit cannabis market complicates pricing strategies for legal retailers. Many consumers still turn to unregulated sources for cheaper products, which can undermine the efforts of licensed stores.
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Consumer Education: Educating consumers about the benefits of purchasing from licensed retailers is vital. Legal products are subject to safety regulations and quality controls that illegal products do not adhere to. Retailers can leverage this information in their marketing strategies to encourage consumers to choose legal options over cheaper illicit alternatives.
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Advocacy for Regulatory Change: Retailers may need to advocate for changes in regulations that could help level the playing field with the illicit market. This could include lobbying for adjustments in taxation or minimum pricing laws that allow licensed stores more flexibility in their pricing strategies.
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Long-term Sustainability and Market Dynamics
The fine against Cost Cannabis underscores broader issues related to sustainability and competition within the cannabis industry.
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Market Stability: Maintaining stable prices is essential for the long-term viability of the legal cannabis market. If retailers engage in aggressive discounting or undercutting each other, it could lead to unsustainable business practices that harm overall profitability.
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Innovation and Differentiation: To effectively compete against both legal and illegal markets, retailers must focus on innovation and differentiation rather than solely on price competition. Offering unique product lines, exceptional customer service, or creating engaging retail experiences can help draw consumers away from cheaper alternatives.
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Building Brand Loyalty: Establishing strong brand loyalty can mitigate the impact of price competition. Retailers who cultivate relationships with their customers through loyalty programs, community involvement, and personalized service may find that consumers are willing to pay a premium for trusted products.
Conclusion
The $1,000 fine imposed on Cost Cannabis serves as a reminder of the challenges faced by retailers operating within British Columbia’s legal cannabis framework. As they navigate competitive pressures and regulatory requirements, incidents like this underscore the importance of compliance with provincial laws designed to protect public health and safety.
As British Columbia continues refining its approach to cannabis regulation, ongoing dialogue among regulators, retailers, and consumers will be essential in fostering a sustainable marketplace. This incident not only highlights the complexities of operating within this industry but also emphasizes the need for all stakeholders to work collaboratively toward a safer and more equitable cannabis market in Canada.
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Cannabis News
Latest Trump Weed Rumor – Trump Will Federally Deschedule and Decriminalize Cannabis, but Not Legalize It
Published
1 day agoon
November 14, 2024By
admin
In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.
The Current Landscape of Marijuana Legislation
Federal vs. State Laws
Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.
Challenges Faced by the Cannabis Industry
Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:
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Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.
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Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.
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Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.
Chris Christie’s Perspective on Marijuana Reform
Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.
Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.
The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies
Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.
Current Regulatory Challenges
The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:
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Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.
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Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.
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Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.
Christie’s Vision for Crypto Regulation
Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.
In his view, a balanced regulatory framework would include:
1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.
2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.
3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.
Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.
Implications of Proposed Reforms
Economic Impact
The potential reforms proposed by Christie could have far-reaching economic implications:
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Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.
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Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.
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Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.
Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.
Social Justice Considerations
Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:
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Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.
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Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.
Political Landscape
The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.
Conclusion
Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.
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