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Cannabis companies sue feds over “unconstitutional” prohibition (Newsletter: October 27, 2023)

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OH legalization economic report; Feds back marijuana/cancer study; CA psychedelics ballot measure; Study: Traffic deaths drop in legal cannabis states

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/ TOP THINGS TO KNOW

A coalition of marijuana companies including Verano Holdings is suing Attorney General Merrick Garland over what they say is the “federal government’s unconstitutional ban” on cannabis. Prominent attorney David Boies is handling the case.

The Ohio marijuana legalization campaign released a new ad highlighting how state residents are spending money on cannabis in neighboring Michigan. Meanwhile, a new report details the economic benefits the initiative could generate if approved by voters.

California activists plan to file a ballot initiative this week that would legalize most psychedelics, including DMT, ibogaine, LSD, mescaline, psilocybin and MDMA. It’s the third psychedelics measure for the 2024 cycle and comes shortly after Gov. Gavin Newsom (D) vetoed a legalization bill.

A new study found that in states that legalized marijuana, “traffic fatalities declined or remained the same in the three years that followed, compared to a slight increase in states where it remained illegal.”

  • “Studies have failed to show that legalization of cannabis has resulted in any significant increase in traffic fatalities in the places where it has been legalized. However, the same cannot be said for alcohol.”

The National Cancer Institute is awarding researchers $3.2 million to study the effects of using cannabis while receiving immunotherapy for cancer treatment and to investigate whether access to marijuana helps reduce health disparities.

A new Parabola Center for Law and Policy report argues that federal marijuana legalization could upend current state markets and replace them with a national monopoly unless Congress takes steps to prioritize small businesses and social equity.

Nebraska Attorney General Mike Hilgers (R) is suing retailers over sales of what his office says are “mislabeled and deceptive THC-containing products that present a danger.” He’s also issuing consumer protection warnings about “copycat” products that resemble major food brands.

/ FEDERAL

The Congressional Research Service briefly discussed hemp issues in a report on the Farm Bill.

Sen. John Hickenlooper (D-CO) tweeted, “The data is clear: Americans overwhelmingly support marijuana legalization. And as we move towards inevitable federal legalization, we don’t have to start from scratch. That’s why we’ve introduced bills like our PREPARE Act and the SAFER Banking Act to help pave the way.”

A staffer for Rep. Dave Joyce (R-OH) participated in a panel discussion about the prospects for marijuana reform.

The House bill to reduce regulations on hemp growers got one new cosponsor for a total of nine.

/ STATES

New Mexico Gov. Michelle Lujan Grisham (D) praised the cannabis oversight efforts of a retiring top regulator.

Utah’s Senate majority leader said he appreciates the efforts of a medical cannabis advocacy group that is ending its operations.

The Colorado legislature’s Joint Budget Committee will consider marijuana tax policies on November 16.

A California assemblymember said that an incident in which an off-duty Alaska Airlines pilot allegedly attempted to shut down the engines of a plane midflight after taking  psilocybin mushrooms about 48 hours earlier is “an awakening moment” in the debate about legalization.

A lawsuit challenging New York marijuana advertising rules was moved back to state court by a federal judge.

Washington State regulators initiated rulemaking on medical cannabis endorsements for retailers.


Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

/ LOCAL

The Humboldt County, California Board of Supervisors approved deadlines for cannabis growers to pay outstanding local taxes in full.

/ INTERNATIONAL

Swiss regulators approved a marijuana legalization pilot program in Basel-Landschaft.

New Zealand regulators reclassified CBD from a prescription-only medicine to a restricted medicine.

The Philippine solicitor general reiterated that the International Criminal Court will receive no cooperation from the country for an investigation of its bloody “war on drugs.”

/ SCIENCE & HEALTH

A study of “workers’ compensation claimants interviewed at 18 months post-injury did not observe a substantial relationship between cannabis use and disability benefit expenditures, suggesting that neither harm nor significant benefit is associated with cannabis use.”

A study found that “although urine toxicology-identified preoperative opioid use was associated with poor postoperative pain relief and reliance on postoperative opioids for pain management after elective spinal surgery, preoperative marijuana use was not,” concluding that “preoperative marijuana use, hence, should not delay or be a contraindication to elective spinal surgery.”

/ ADVOCACY, OPINION & ANALYSIS

Trainees for Child Injury Prevention launched a campaign focused on safe marijuana edibles storage.

/ BUSINESS

Tilray Brands, Inc. is transitioning to hemp packaging for one of its brands.

Shield Compliance issued an open letter calling on Mastercard, Visa, Discover, American Express and other credit card companies to reverse policies prohibiting financial institutions from offering payments services to licensed cannabis merchants through their networks.

Safe Supply Streaming Co. Ltd. has a new president.

1906 launched a direct-to-consumer website allowing people nationwide to purchase its cannabis microdose products.

/ CULTURE

Wiz Khalifa said he “completely stopped” drinking alcohol and “I just do shrooms and smoke weed now.”

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Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.

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