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DEA on delta-8’s legal status (Newsletter: August 15, 2023)



DOJ: Cannabis & guns case “incorrectly decided”; SD legalization ballot summary; OR gov vetoes banking bill; MD mayor out of hemp biz

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The Department of Justice said in a federal court filing that it believes the U.S. Court of Appeals for the Fifth Circuit “incorrectly decided” that the ban on gun possession for marijuana consumers is unconstitutional.

Drug Enforcement Administration Drug & Chemical Evaluation Section Chief Terrence Boos made clear in a newly unearthed email that the agency views synthetically derived delta-8 THC products to be illegal controlled substances.

South Dakota Attorney General Marty Jackley (R) filed a draft title and summary for a proposed marijuana legalization ballot initiative—but activists are taking issue with the wording and plan to press for changes.

Oregon Gov. Tina Kotek (D) vetoed a bill that would’ve established a task force to study creating a public bank that could, among other things, service the state’s marijuana industry.

Nebraska Gov. Jim Pillen (R) rejected a proposal to ease restrictions on past use of marijuana and other drugs by police recruits.

Federalsburg, Maryland Mayor Kimberly Abner said the state’s new marijuana legalization law is forcing her to close her family’s hemp business.


Republican presidential candidate Ron DeSantis, currently Florida’s governor, said he would use the U.S. military to go after drug cartels in Mexico.

Rep. Jimmy Panetta (D-CA) tweeted, “We need to ensure our veterans have access to the full range of care options that they so greatly deserve which is why I am helping to lead this bipartisan effort to allow veterans to utilize safe, legal medicinal cannabis.”

Reps. Morgan Luttrell (R-TX) and Lou Correa (D-CA) discussed their support for psychedelics policy reform.


Massachusetts Gov. Maura Healy (D) and other officials are seeking applicants to serve on the Cannabis Social Equity Advisory Board.

Missouri regulators issued a recall of marijuana products that were not compliantly tracked.

Alaska regulators filed proposed changes to marijuana rules.

Washington, D.C. regulators extended the fee waiver for medical cannabis patient and caregiver registrations through December 7.

New York regulators are accepting proposals for a contract to run a new cannabis media campaign.

Vermont regulators published guidance about plastic packaging for cannabis products.

The New Jersey Cannabis Regulatory Commission noted that marijuana prices in the state are “expensive.”

Ohio regulators published updated medical cannabis patient and caregiver numbers.

Massachusetts regulators will hold a public hearing on proposed marijuana rules changes on September 8.

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.


Mendocino County, California officials are reducing cannabis business taxes.


The Bahamian attorney general marijuana legislation will be debated in Parliament before the end of the year.

Maltese regulators granted the country’s first two in-principle licenses to prospective cannabis associations.


A study found that “pregnant patients used cannabis to manage mood and medical symptoms, and many believed that prenatal cannabis use was safer than the use of prescription medications.”

A study found that “CBD inhibits colorectal cancer progression by modulating the suppressive tumor microenvironment.”


The Coalition for Access to Regulated and Safe Cannabis issued a report card unfavorably grading New York’s implementation of marijuana legalization.

A New York CAURD Coalition authored an op-ed calling on Gov. Kathy Hochul (D) to convene a special legislative session to clarify marijuana licensing issues.

The Wisconsin State Journal editorial board is calling on state lawmakers to legalize marijuana.

An American Enterprise Institute staffer authored an op-ed criticizing New York officials for working to stop tobacco smoking but not, in his view, taking enough steps to discourage the use of marijuana and other drugs.


Columbia Care Inc. reported quarterly revenue of $129.2 million and a net loss of $29 million.

SNDL Inc. reported quarterly net revenue of C$244.5 million and a net loss of C$33.2 million.

Glass House Brands Inc. reported quarterly net revenue of $44.7 million and a net loss of $24.9 million.

Auxly Cannabis Group Inc. reported quarterly net revenue of C$22.0 million and a net loss of C$12.9 million.

The AdvisorShares Poseidon Dynamic Cannabis Exchange Traded Fund announced that it is closing down this month.

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Photo courtesy of Chris Wallis // Side Pocket Images.

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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 and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.


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