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USDA Got More Than 4,600 Hemp Comments Prior To This Week’s Deadline

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The deadline to submit comments to the U.S. Department of Agriculture (USDA) on proposed regulations for hemp was Wednesday—and advocates, stakeholders and lawmakers had a lot to say.

In the three months since USDA published an interim final rule for hemp, which was federally legalized under the 2018 Farm Bill, more than 4,600 individuals and organizations took the opportunity to weigh in, with many recommending certain revisions before rules for the crop are finalized.

On Wednesday alone, more than 1,000 comments were posted—a significant number considering that the public comment deadline was initially set for the end of last month until USDA extended it based on the volume of responses.

Here’s what lawmakers, stakeholders and advocates had to say about USDA’s proposed regulations:

While many celebrated the department’s commitment to quickly developing rules for the crop, there have been widespread, bipartisan concerns about select provisions that the industry and its supporters say could hamper its growth and create unnecessary burdens for farmers.

Several members of Congress, including entire congressional delegations representing Virginia, Maine, Colorado and Connecticut, have sent letters to USDA outlining requests for changes to the rules. Most inquiries identify the same specific concerns: 1) the negligence threshold for the allowable amount of THC is too low and doesn’t account for factors such as drought that can cause potency levels to spike, 2) the 15-day testing window before harvest is too short and 3) requiring testing to be conducted at Drug Enforcement Administration-licensed laboratories is onerous and will cause delays.

“Colorado continues to see tremendous growth in this industry and we are excited for the economic potential of this new crop,” the state’s congressional delegation wrote in a letter sent on Tuesday. “Therefore, it is critical the USDA establish a regulatory structure that allows our farmers to succeed.”

“While the [interim final rule] begins to formulate a much needed regulatory structure, there are key provisions that are unnecessary, burdensome, and could hurt Colorado’s hemp industry,” they said.

The Connecticut congressional delegation made similar points in a letter sent to Agriculture Secretary Sonny Purdue on Wednesday.

“While [the proposed rules] help define the path forward for our farmers who wish to grow hemp, they contain a number of restrictive requirements that may prevent these very people from even taking advantage of the new agricultural opportunity,” the lawmakers said. “Our state’s hemp farmers want an opportunity to grow hemp, and have it treated the same as any other agricultural commodity. The rule as currently written assumes hemp is a controlled substance until it is proven otherwise.”

USDA also heard from Colorado Gov. Jared Polis (D) and the state’s attorney general and agriculture commissioner, who submitted comment on Wednesday identifying eight areas in the proposed rules that they argue need “modification.” Those areas include issues with regulations around sampling periods, lab certification requirements, THC thresholds and disposal protocol.

“As an early mover state in hemp, we understand the pivotal role a workable regulatory structure plays in allowing a new industry to flourish and we appreciate the hard work your staff has undertaken to construct a framework for states to operate their own hemp programs,” the letter, a hard copy of which was submitted on Colorado-grown hemp paper, states. “We understand that establishing a regulatory framework is a difficult task and we appreciate your willingness to consider the alternative approaches to regulating hemp as well as the legal issues set forth in this document.”

In a press release, Polis said “Colorado is the top state for hemp production, and we are proud of our work to increase good jobs and honored to help the Department of Agriculture figure out what we already know about hemp in Colorado.”

“We want to unleash this industry to grow and innovate. The proposed interim final rule, as currently written, does not support best practices in hemp production at a critical time in the development of this important industry,” he said. “The recommended changes we’ve put forward will support the hemp industry while establishing appropriate guidelines.”

The advocacy group Vote Hemp sent its comments on Wednesday, stating that it “believes the USDA has taken steps in the right direction in drafting the [interim final rule], however certain  provisions do raise serious concerns for our stakeholders, hemp producers, processors and  manufacturers.”

The negligence threshold, sampling protocol, testing and disposal requirements and laboratory restrictions were among the group’s chief concerns.

“We appreciate that the Agency also wants to get feedback after the 2020 growing season,” Vote Hemp said, adding that it recommends that USDA hold “another comment period in the 2nd half of 2021 and issue a final rule in the fall of 2021 after having more time to see how the new [interim final rule] has been working.”

“We sincerely appreciate your consideration of these comments and look forward to working with the Agency to ensure a strong and successful hemp industry,” the group said.

On Monday, Vermont’s agriculture department submitted comments to USDA, expressing similar concerns about the regulations.

Again, the top problems the state agency identified concern the THC threshold, sampling protocol and laboratory certification requirements.

“We believe our suggestions will improve the hemp program making it better for small growers while creating more opportunities for those making a living from hemp,” Vermont Agriculture Secretary Anson Tebbetts said in a press release. “I hope the USDA will consider providing States with the necessary flexibility to be able regulate hemp production while providing Vermont farmers with greater certainty and less risk.”

Michigan’s agriculture department said in comments submitted Wednesday that it “looks forward to working with USDA to develop and implement a strong industrial hemp program that’s compliant with the intent of the Hemp Farming Act of 2018 and is economically viable for Michigan hemp growers and processors.

The letter focused primarily on the THC threshold, with the department arguing that the “regulatory fear that hemp could potentially exceed a 0.3 percent concentration of THC and the unfair suspicion that it will be grown and used for illicit purposes must be balanced with the reality that all but three states have legalized Cannabis sativa L in at least some form or fashion.”

“Throughout North America, the combined legality of hemp at the federal level, and marijuana at the state level, has resulted in many positive outcomes including, but not limited to, new business opportunities, job creation, increased state sales tax revenue, and improved quality of life,” the letter states. “These positive outcomes far outweigh the perceived negative consequences of growing hemp that marginally exceeds 0.3 percent.”

The National Association of State Departments of Agriculture (NASDA) sent in its comments on Tuesday, reiterating that the proposed testing window is too short, the THC threshold is too low and the laboratory requirements are unnecessary, among other concerns.

“On behalf of NASDA state and territorial members, we are grateful for your dedicated work in establishing a federal program that facilitates the growth of a promising new industry while accommodating the diverse needs and challenges of farmers across our country,” the organization wrote. “Given their own diverse resources and challenges, our members will benefit from greater clarity from USDA in meeting the requirements of the 2018 Farm Bill. We ask that you incorporate these concerns, as well as the feedback from our individual members, as you advance a final rule.”

Outside of the practical, agriculture-specific provisions, others have raised questions about finance implications. The American Bankers Association (ABA) said in comments submitted Wednesday that it sees three possible problems with the interim final rule.

Federal guidances stipulates that hemp businesses are entitled to financial services, but it requires them to be licensed—and currently, USDA’s rules only allow federal, state and local enforcement officials to access the licensing database, so ABA wants to expand access to banks. ABA also said licenses should be able to be automatically renewed to avoid uncertainty. Finally, it is seeking clarification on what happens to licenses when “unanticipated events, such as a death or illness, occur between planting and harvesting.”

“ABA appreciates the opportunity to comment on the USDA interim final rule on domestic hemp production. We believe that, with important changes to the rule, farmers will be encouraged to consider a crop which has a great deal of promise for a variety of uses, including clothing, construction, and as a replacement for plastics,” the letter concludes. “However, some of the practical limitations, as discussed above, must be addressed to ensure that risks are appropriately mitigated and that farmers and their lenders feel comfortable supporting this industry.”

Of course, these comments represent just a small fraction of the more than 4,600 that have been submitted. Many individuals engaged in the hemp industry also shared their thoughts and concerns, though many echoed the same points about excess restrictions and requirements.

“Enforcing these regulations will be impossible to uphold and will create an extra stress on farmers who already have so many variables to contend with in a new emerging industry,” one commenter wrote. “Free the industry, move out of the small farmers way. Stop favoring large corporate interest.”

Another person wrote that the “0.3 percent THC requirements are not founded in any science and just downright silly.”

“These strict requirements will do nothing but hurt the farmers as well as the end product that is produced,” they said. “I recommend at least a 1 percent THC threshold, which would allow farmers to focus on producing quality CBD biomass without the added worry of losing everything because of a meaningless percentage.”

A commenter based in Kentucky expressed frustration over the rule’s proposed 10-year ban on participation in the hemp industry by certain people with prior felony drug convictions.

“I believe that it is hypocritical, and cruel to restrict these persons from the hemp/cannabis industry,” the comment states. “We love our neighbors and family members—we need them to have every opportunity to get their lives back. Judicial consequences have failed tremendously in the war on drugs.”

It remains to be seen how much stock USDA will put into the public comments, but in any case, it’s clear that not only is interest in the regulations strong and widespread, but recommendations on changes are largely consistent.

This story has been updated to include comments from the Colorado congressional delegation.

Pro-Legalization Group Ranks Best And Worst Governors On Marijuana

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Kyle Jaeger is Marijuana Moment's Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing

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A Pennsylvania Senate committee is set to take up a bill next week that would protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.

The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.

Members of the Senate Transportation Committee will explore the issue at a hearing on Tuesday.

Bartolotta first introduced an earlier version of the bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”

Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.

Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road.


Marijuana Moment is already tracking more than 1,200 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.

“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”

Several legal cannabis states have enacted per se THC limits in blood, similar to blood alcohol requirements. However, evidence isn’t clear on the relationship between THC concentrations in blood and impairment.

A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.

Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”

Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.

A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.

Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.

Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.

In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.

Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.

Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.

80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case

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80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case

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A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—have filed a brief urging the Supreme Court to take up a case on the legality of establishing a safe injection facility where people can use illicit drugs in a medically supervised environment.

The nonprofit organization Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration, and it filed a petition with the nation’s highest court last month to hear the case. Now the group of law enforcement officials associated with Fair and Just Prosecution are calling on the Supreme Court to act in an amicus brief.

“Amici have an interest in this litigation because overdose prevention sites (OPSs) are among the harm reduction and public health interventions that have proven effective in preventing fatal overdoses and diverting people from unnecessary and counterproductive interactions with the justice system,” they wrote. “Amici, many of whom are currently or were previously responsible for enforcing the nation’s drug laws, also believe that the Controlled Substances Act cannot be construed to prohibit operation of a facility designed to address the most acute aspects of this public health emergency.”

If the court agrees to hear the dispute, advocates will be looking toward the Biden Justice Department and whether it will continue the federal government’s opposition to allowing supervised injection facilities. It would be a precedent-setting case that could steer policy for years to come, meaning Safehouse is taking a significant risk by pursuing the appeal of its loss in a lower court before the majority of conservative justices.

“Failing to address the loss of life resulting from drug overdoses—and criminalizing a community-based public health organization working to save lives—will further erode trust in the justice system,” the new brief states. “If there were ever a time to demonstrate that our government values the dignity of human life, that time is now.”

While President Joe Biden hasn’t weighed in directly on safe consumption sites, there’s been a theme within his administration of embracing the general concept of harm reduction for drugs. The White House Office of National Drug Control Policy (ONDCP), for example, said that “promoting harm-reduction efforts” is a first-year priority. In an overview of its objectives, the office said it intends to expand “access to evidence-based treatment,” enhance “evidence-based harm reduction efforts” and promote “access to recovery support services.”

These goals theoretically align with those of Safehouse, which wants to give people with substance use disorders a facility where medical professionals can intervene in the event of an overdose and provide people with the resources to seek recovery.

Among the signatories on the amicus brief are a former deputy assistant attorney general under Obama, district attorneys of Baltimore, Cook County, Dallas County, Los Angeles County, Manhattan, Philadelphia, San Francisco County and Seattle and the former attorneys general of Ohio, Vermont and Virginia.

But one signatory who especially stands out is Rachael Rollins, the district attorney of Suffolk County, Massachusetts who is Biden’s nominee for U.S. attorney of Massachusetts.

“As an elected prosecutor, I have a responsibility to protect every member of my community, which requires moving away from criminal justice responses to substance use disorder,” Rollins said in a press release. “Instead, we must embrace proven public health strategies as potential solutions. Lives depend on it.”

Philadelphia District Attorney Larry Krasner said the drug war “has taken too many lives already, and criminalization has only exacerbated this devastating toll.” He added: “We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives and improve community safety.”

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

Safehouse won a battle in a federal district court in 2019 to proceed with the facilities. But in January, the U.S. Court of Appeals for the Third Circuit overturned the decision, ruling that permitting such facilities would violate a 1980s-era federal statute that bars organizations from running operations “for the purpose of unlawfully… using controlled substances.” That law was passed while Biden served in the Senate and helped push punitive drug policies that have had lasting consequences.

“As current and former criminal justice leaders, amici have seen first-hand how the classic ‘war on drugs’ approach to drug control—with its almost exclusive focus on aggressive criminal law enforcement—has exacerbated the overdose epidemic,” the pro-reform prosecutors and cops wrote in the new brief. “This experience confirms that no jurisdiction can arrest its way out of this public health problem. Fatal overdoses are a symptom of substance use disorder, a medical condition requiring a medical response.”

“Distorting federal drug laws to prohibit an [overdose prevention site] or to prosecute its sponsors would further undermine trust in the justice system and faith in the fair and sensible application of our drug laws. Interpreting federal criminal law to bar empirically validated harm reduction measures would make no one safer; it would only impede cooperation between law enforcement and the communities they serve.”

In its original petition to the Supreme Court in the current safe injection site case, Safehouse argued that the justices should “grant review to determine whether” federal statute really does prohibit “non-commercial, non-profit social service agencies…from establishing an overdose-prevention site that includes medically supervised consumption.”

“This question is a matter of life or death for thousands of Philadelphians and many thousands more throughout the country,” it said. “Tragically, while respondents have been pursuing this declaratory judgment against Safehouse, more than 3,200 people died in Philadelphia of drug overdoses—many of which could have been prevented if medical care had been immediately available through supervised consumption services.”

Safehouse also pointed out that Xavier Bacerra, the Biden administration’s secretary of health and human services, was among eight top state law enforcement officials who filed an earlier amicus brief in support of the organization’s safe injection site plan when he served as California’s attorney general.

The organization put the gravity of the case in no uncertain terms, painting a picture of how its proposed facility can save lives.

“When breathing stops, even a brief delay while waiting for medical help to arrive may result in an otherwise preventable overdose death or irreversible injury,” the petition says. “As a result, every second counts when responding to an opioid overdose; as more time elapses, the greater the risk of serious injury and death. Ensuring proximity to medical care and opioid reversal agents like the drug Naloxone at the time of consumption is therefore a critical component of efforts to prevent fatal opioid overdose.”

“Intervention by this Court is warranted to make clear that the federal law does not criminalize this essential public health and medical intervention designed to save lives from preventable overdose death,” it continues.

Safehouse argued that the appeals court’s interpretation of the law “eviscerates the intended boundaries of the statute and would criminalize the operation of legitimate businesses, charities, families, and good Samaritans that serve and reside with those suffering from addiction.”

If the Supreme Court were to take up the case and rule in favor of Safehouse, it could embolden advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

At the same time that Safehouse is turning to the Supreme Court, it also announced recently that it will be returning the the federal district court that gave it an initial 2019 victory in support of establishing a safe injection facility before it was overturned in the appeals court.

The organization is making the unique argument that the federal government’s decision to block it from providing the service violates religious freedom by subjecting participants “to criminal penalties for exercising their sincerely held religious beliefs that they have an obligation to do everything possible to preserve life and to provide shelter and care to the vulnerable, including those suffering from addiction.”

In 2018, a congressional subcommittee approved legislation to specifically prohibit Washington D.C. from using local tax dollars to help open safe consumption facilities. But that provision was not enacted and has not been reintroduced since.

A 2020 study found that people “who reported using supervised injection facilities on an at least weekly basis had a reduced risk of dying compared to those who reported less than weekly or no use of this health service.”

Read the amicus brief from the prosecutors on the Safehouse safe injection site case below: 

Safehouse Amicus Sept 2021 by Marijuana Moment

Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry

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Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry

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Lately it’s come to seem as if most of the former politicians who’ve entered the marijuana industry were unhelpful or downright hostile to legalization when they were in office. But on Friday, a cannabis company announced an addition to its board who disrupts that narrative: a former Republican congressman who has a consistent legislative record of cosponsoring and voting for marijuana reform measures.

The multi-state cannabis businesses Red White & Bloom Brands Inc. (RWB) is bringing on former Rep. Ryan Costello (R-PA) to help it navigate the complicated regulatory space, drawing on his experience in Congress as the company works to expand.

Costello certainly isn’t the only Republican lawmaker who’s made the transition from Capitol Hill to the cannabis market. But he is a rare example of a politician who actually embraced enacting marijuana policy changes while he was in power before standing to profit from the industry. The congressman cosponsored a variety of bills—including ones to shield states that legalize cannabis from federal interference—and supported several reform amendments.

“I’m looking forward to utilizing my 15+ years of service in government, the legal profession, and my familiarity with cannabis policy to be a strategic resource for RWB as it positions itself as a true market leading house of brands in the permitted U.S. marketplace,” Costello said in a press release.

This breaks with a trend that has increasingly frustrated advocates, where it seems the people most inclined to benefit from legalization are those who stood in the way in Congress. The best-known example of that is former GOP House Speaker John Boehner (R-OH), who’s faced criticism from activists over his anti-legalization record while in office before joining the board of marijuana company Acreage Holdings.

While Costello left Congress in 2019 prior to the historic House vote on a standalone bill to federally deschedule cannabis, there are plenty of examples of him supporting more modest reform proposals during his congressional tenure.

He was a cosponsor of legislation to protect state marijuana markets from federal intervention, promote cannabis research, support military veterans’ access to medical marijuana, protect banks that service state-legal cannabis businesses and legalize industrial hemp.

The congressman also voted in favor of floor amendments to shield all state marijuana programs from Justice Department intervention, allow Department of Veterans Affairs doctors to recommend medical cannabis and end hemp prohibition.

In that respect, he was a rare GOP lawmaker. While the issue is increasingly bipartisan among the public, that hasn’t been reflected in Congress. And now Costello is in a position to leverage his legislative experience to advance a marijuana business’s interests.

It’s an exception to the trend.

For example, Tom Price, the former U.S. Department of Health and Human Services (HHS) head under President Donald Trump, is serving as a member of the board of directors for a medical marijuana business in Georgia after he refused to take action to reclassify cannabis under federal law when he had the power to do so. Price consistently voted against marijuana reform measures while serving in Congress.

Former Rep. Steve Buyer (R-IN), who also has a long track record of opposing marijuana legalization efforts, joined a Canadian cannabis company’s board in 2019.

Earlier this month, a New York-based lobbying firm that’s headed by a former Republican U.S. senator announced that it is launching a practice focused on serving cannabis businesses. That former senator, Alfonse D’Amato, racked up a record of supporting the war on drugs while in office.

There is at least one other former GOP congressman who entered the cannabis space with a legislative record supporting marijuana reform. Former Rep. Dana Rohrabacher (R-CA), who championed cannabis reform while in Congress, became an advisory board member for a marijuana company after being voted out of office in 2018.

Separately, President Joe Biden’s pick to head up federal drug policy worked for a major marijuana business last year, according to his financial disclosure reports.

California Activists Cleared To Collect Signatures For Psilocybin Legalization Ballot Initiative

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