Newly empowered congressional Democrats reportedly plan to hold a House hearing next week on marijuana businesses’ difficulties accessing banks—signifying renewed momentum for cannabis issues on Capitol Hill following years of blockades by the former Republican leadership of the chamber.
Party leaders are also laying the groundwork to vote on a marijuana banking bill soon, Marijuana Moment has learned.
Politico first reported on Monday night that the House Financial Services Committee was planning a hearing on the topic, which cited “sources familiar with the matter” as saying it could be scheduled for Wednesday, February 13—though nothing is formally on the calendar yet.
Big –> House Financial Services is planning a hearing next week on marijuana banking legislation, sources familiar say https://t.co/U1dAIoEFEb
— Zachary Warmbrodt (@Zachary) February 5, 2019
A source separately told Marijuana Moment that preparations are now well underway for a “full committee markup in the coming months” on legislation to clear the way for cannabis businesses to gain access to banking services.
A February 13 hearing on the issue would come almost exactly five years to the day after the Obama administration’s Treasury Department issued a Valentine’s Day 2014 memo outlining guidance for how banks can serve cannabis businesses without running afoul of federal regulators.
That document encouraged some financial services providers to work with marijuana businesses, but many banks remain reluctant until federal law is formally changed. As a result, many cannabis growers, processors and sellers conduct their state-legal activities on an all-cash basis, which can make them targets for robberies.
Republican leaders blocked cannabis banking amendments and other marijuana measures during the past several Congresses. But new Financial Services Committee Chairwoman Maxine Waters (D-CA) said after the midterm elections that “it’s inevitable we are going to have to talk about” the marijuana banking issue.
In a memo to party leaders in October, Rep. Earl Blumenauer (D-OR) suggested a step-by-step approach for how Democrats could foster the federal legalization of marijuana in 2019. The document suggests that Financial Services and other committees first begin holding hearings on incremental issues like banking, research and veterans’ access between January and March, which would put the reported hearing next week on track with the plan.
Also in the document, Blumenauer suggested that committees begin voting on cannabis reform bills by April.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Yelp Blocks Marijuana Businesses From Two Key Advertising Features
Yelp is no longer offering two key advertising features to marijuana-related businesses, the company confirmed to Marijuana Moment.
Two cannabis businesses have shared an email from Yelp announcing the policy change. It states that the company had “unfortunate news” and that it will be removing both the “Business Highlights and Portfolio advertising options for cannabis-related businesses, effective immediately.”
“We will be removing these programs from your Yelp page over the course of the next few business days,” the email continues.
The Berkeley Patients Group (BPG), which is the longest-running cannabis dispensary in the country, told Marijuana Moment on Wednesday that it has already seen a significant impact since receiving the notice two days earlier.
“This is yet another blow for us—amidst a devastating pandemic, no less,” BPG Director of Marketing Lauren Watson said. “Yelp was one of only a few effective advertising channels available to legal cannabis companies, and now, without warning, we’re being shut out. Just two days after the new policy was implemented, we’re seeing over a 60 percent decline in page views.”
In a tweet, the chief technology officer of cannabis delivery company Bud.com shared a screenshot of the email from Yelp.
Two features forward – one feature back? We just got this email from Yelp: they have elected to discontinue a few of the few advertising options for cannabis businesses on their platform: pic.twitter.com/ZbidzrNbrG
— Justin Hall (@jah) June 16, 2020
“It’s frustrating to pay taxes and compete with unlicensed folks who can advertise digitally against you,” he said.
Yelp has listings for both licensed cannabis operators and unlicensed cannabis operators. All of them could purchase advertising features. It's frustrating to pay taxes and compete with unlicensed folks who can advertise digitally against you. Difficult for Yelp to check & manage
— Justin Hall (@jah) June 16, 2020
The Business Highlights service allows individuals to pay to feature up to six descriptors on their page showing what “makes their business unique” such as “family-owned.” The separate Portfolio option is another paid feature where businesses can include photos of projects they’ve completed “to showcase their quality of work, expertise, and specializations along with additional details such as cost and project timelines.”
A Yelp spokesperson told Marijuana Moment that the company made the policy change in February—though these two marijuana businesses said they only received notice of the change this week. Just prior to when the company says it made the decision to block marijuana firms from the premium products, an NBC News investigation found that Yelp’s site included pages for unlicensed cannabis dispensaries, prompting the launch of the verification process.
The company allows “cannabis businesses on our platform in all states where it is either recreationally or medically legal, as it’s important that consumers have access to first-hand information about these businesses,” the spokesperson told Marijuana Moment.
The representative did not directly reply to a question about the reasoning for the policy change. Instead, they discussed how Yelp does not “take revenue from cannabis businesses that have not purchased our Verified License product.”
“By verifying their license to operate, Yelp is able to confirm to consumers that the business has satisfied the requirements of their local regulator to operate legally,” they said. “Once verified these businesses are then eligible to purchase Yelp’s enhanced profile product only, at this time.”
Asked for clarification about whether verified marijuana businesses are eligible for the two advertising services mentioned in the email announcing the change to current clients, the spokesperson confirmed they are not.
“If a cannabis company purchases Verified License, they’re then only eligible to purchase Yelp’s enhanced profile product, at this time,” they said.
The company did not immediately respond to a follow-up question about why at least some businesses were not notified about the policy change until this week even though the company says it made the decision four months ago.
“This is just one more example of prohibition discouraging companies from working with legal cannabis businesses, depriving them of the basic and vital services enjoyed by every other industry,” Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment. “Given Yelp’s size and accessibility, this unfortunate decision will certainly be a blow to many cannabis businesses which are already hurting because of the pandemic, as well as lack of access to relief funds and other financial services.”
“Thankfully, there are some other services out there that can provide business information to consumers which are either tailored to cannabis or are willing to work with related businesses,” he said.
While Yelp provides the verification service for licensed marijuana businesses, the cannabis-focused directories Weedmaps and Leafly have both taken steps in recent months to prevent unlicensed shops from being advertised on their sites. WeedMaps said it removed about 2,700 listings for illegal dispensaries as of January and Leafly reported that it booted about 1,000 as of September 2019.
Photo element courtesy of Flickr/StickerGiant.
NBA Players Union Head Joins Marijuana Company As League Reportedly Suspends Drug Testing
The head of the NBA’s players union is joining the board of a major marijuana company at the same time reports are surfacing that players will not be tested for cannabis and other recreational drugs when they convene to wrap up the season in Orlando next month.
Michele Roberts, who has served as the executive director of the National Basketball Players Association (NBPA) since 2014, will be the first female board member of the national cannabis company Cresco Labs, the firm announced on Wednesday.
She said in a press release that she will help advance Cresco’s “distinctive brands of high quality products and services, particularly those focused on the promise held by medicinal cannabis to treat conditions and illnesses where more traditional protocols have not met the patients’ needs.”
Roberts added that she is committed to supporting the company’s social responsibility efforts to” better both individual lives and underrepresented communities.”
In her full-time job, Roberts has also advocated for reforming NBA’s marijuana policies, stating in 2018 that she feel “there are substantial signs that support its efficacy and the value that it has for us, especially pain management.”
“We’re in talks with the league to see where we can go with it,” she said at the time. “The obvious future is that marijuana will be decriminalized probably throughout the country in short order.”
Now it seems those negotiations are paying off, with sources telling The Athletic that the league and the players’ union have agreed to suspend testing for recreational drugs, at least for the rest of the current abbreviated season. NBA will continue to test for performance-enhancing drugs, however.
Sources: The NBA and NBPA have agreed to conduct performance-enhancing drug testing during resumed 2019-20 season in Orlando — but tests for recreational drugs will remain suspended.
— Shams Charania (@ShamsCharania) June 8, 2020
This is apparently an extension of a temporary policy, as players reportedly have not been tested for cannabis during the coronavirus pandemic that forced NBA to go into hiatus earlier this year. It’s not clear if it will be extended indefinitely following the “bubble” tournament housed at Disney World, but negotiations over a collective bargaining agreement are still in the works.
“It’s something that we are talking to Michele Roberts and the players association about, about what our policy should be,” NBA Commissioner Adam Silver said last year. “I think it’s not as much about what guys do in the summer. If they want to smoke pot in the summer, whatever. It’s legal in a lot of states, to your point. No issue. I do think there’s a little bit of concern about some of the pot smoking in-season.”
If NBA does ultimately end marijuana testing, it would be another example of evolving drug policies within national sports leagues. Earlier this year, the MLB announced that players would not longer be tested for cannabis, though they’re barred from being sponsored by marijuana companies.
The NFL also made the decision to end suspensions for positive drug tests as well as limiting the testing window.
Photo courtesy of WeedPornDaily.