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Federal guidance on cannabis at the border (Newsletter: May 11, 2022)



IRS on marijuana biz issues; DOJ safe consumption negotiations; NY overdose prevention bill advances; CO sales data

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A newly unveiled Customs and Border Protection document sheds light on how the U.S. determines whether someone working in Canada’s legal marijuana industry should be barred from entering the country.

The Department of Justice got another extension on the deadline to reveal its position in a case on safe consumption sites for illegal drugs, but advocates say “productive” negotiations could lead to a settlement that would “clear a path” for overdose prevention centers to open across the U.S.

The Internal Revenue Service’s National Taxpayer Advocate published a new explainer on the marijuana industry’s tax and banking challenges and how Congress could potentially address them.

The New York Assembly Health Committee approved a bill to allow state and local officials to  authorize and regulate overdose prevention sites where people can consume illegal drugs under medical supervision.

The Colorado Department of Revenue reported that retailers sold $162.5 million worth of legal marijuana products in March—an increase from February, but a 22 percent decline from last year.


A former U.S. attorney for Massachusetts criticized moves by prosecutors not to pursue marijuana cases.

Senate Majority Leader Chuck Schumer (D-NY) tweeted, “This weekend, I joined the 2022 NYC Cannabis Parade & Rally. Last year, New York equitably legalized cannabis with equity for the communities most hurt by the War on Drugs, and that’s exactly what we’re working to do at the federal level.”

Sen. Jeff Merkley (D-OR) said there’s “growing momentum and interest” in passing cannabis banking legislation.

Rep. Ed Perlmutter (D-CO) suggested that his cannabis banking bill could be augmented by adding “research” or “some money to help district attorneys determine whose records should be expunged.”

Rep. Matt Gaetz (R-FL) replied to a tweet from President Joe Biden criticizing Republicans’ plans, saying, “Actually, Brandon, my plan for lower drug costs includes legal marijuana. Does yours?”

Kentucky Democratic Senate candidate Charles Booker tweeted, “Legalize cannabis. I will fight for legalization when I am in the Senate.”

Texas Democratic congressional candidate Greg Casar tweeted, “Once in Congress, I’ll work to legalize marijuana nationwide, expunge past records, direct tax revenue to our communities, and end no-knock warrants.”


Former Texas Gov. Rick Perry (R), who also served as U.S. energy secretary, spoke about his support for psychedelic therapy.

The Louisiana House of Representatives approved a bill to make it easier for people with criminal records to work in the medical cannabis industry.

A Kansas Senate leadership spokesperson said it is “unlikely” lawmakers will pass a medical cannabis bill when they return to session later this month.

An Indiana senator tweeted about a Delaware cannabis legalization bill advancing, saying, “Yet another state is moving toward the legalization of cannabis. Indiana cannot continue to be stuck in the past on this issue. Cannabis legalization is crucial for criminal justice reform, medical benefits, new businesses and new jobs, and providing tax revenue to help Hoosiers struggling with addiction and fix our roads.”

An Arkansas activist who recently dropped her effort to place a marijuana legalization initiative on the ballot is shifting focus to opposing a separate campaign led by a former lawmaker that is funded by medical cannabis growers.

The New Jersey Supreme Court is considering a case on how police test for marijuana impairment.

A Pennsylvania court will hear arguments in a case in which a news organization is trying to force regulators to release data on which conditions people are accessing medical cannabis for next week.

New York’s top marijuana regulator spoke about opportunities for women in the cannabis industry.

Michigan regulators launched a marijuana social equity “all-star” program.

Colorado regulators released updated marijuana business licensee demographic data.

Washington State regulators will consider marijuana business issues on Wednesday.

Maryland’s Medical Cannabis Commission will meet on Thursday.

The Oregon Task Force on Cannabis-Derived Intoxicants and Illegal Cannabis Production will meet on Thursday.

Iowa’s Medical Cannabidiol Board will meet on Friday.

Marijuana Moment is already 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.


Lexington, Kentucky’s mayor and electoral challengers discussed marijuana during a debate.

The Ferndale, Michigan City Council heard public comment about a proposed psychedelics decriminalization measure.

Newark, New Jersey’s mayor spoke about the potential of the marijuana industry.

Portland, Oregon police are arguing that the state’s drug decriminalization law is causing crime.


Thailand’s health minister said the government will give away 1 million cannabis plants when the legalization of home cultivation goes into effect next month.

Ireland’s Food Safety Authority announced a recall of CBD products over THC levels.


A review of research on marijuana consumption rates found that “for adolescents, ten studies reported no change in use prevalence associated with legalization, six reported a decrease, and seven reported an increase” and that “among young adults, most studies (8) showed an increase in at least one prevalence measure, four showed no change, and one showed a decrease.”

A study concluded that “psilocybin may have efficacy across the spectrum of depression treatment resistance.”


The Cannabis Industry Alliance of Oregon is a new organization formed by the merger of three previous groups.


McDonald’s Corp. is opposing a CBD company’s trademark filing for the name McHemp.

Cronos Group Inc. reported quarterly net revenue of $25 million and a net loss of $32.7 million.

urban-gro, Inc. reported quarterly revenue of $21.1 million and a net loss of $0.7 million.

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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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