Connect with us

Politics

Wyoming Cops Accuse Hemp Advocates Of Illegally Growing Marijuana

Published

on

A lawyer “argues there is a pile of evidence that the farmers intended to grow hemp, beginning with the fact that they testified in front of legislative committees in favor of legalizing this agricultural practice in Wyoming.”

By Andrew Graham, WyoFile.com

UPDATE: Laramie County prosecutor David Singleton and attorneys for the defendants questioned Wyoming Division of Criminal Investigations Special Agent John Briggs on Thursday during the start of the preliminary hearing. Laramie County Circuit Court Judge Antoinette Williams is presiding over the hearing, which was extended to an as-yet-unannounced date. — Ed.

Wyoming Division of Criminal Investigation agents in November raided an Albin hemp farm, operated by two people instrumental in legalizing the crop in Wyoming, court filings show.

DCI and Laramie County prosecutors are accusing the mother-and-son farmers of growing marijuana with the intent to distribute because the 700-plus pounds of dried plant material law enforcement seized tested slightly above the legal THC-concentration limit of 0.3%, according to a DCI affidavit. Marijuana and hemp are derived from the same plant. Tetrahydrocannabinol, or THC, is the chemical in marijuana that gets users high. Its low presence in hemp keeps the crop from being categorized a drug.

The farmers, Deb Palm-Egle and her son, Josh Egle, could face years, even decades, in prison if convicted.

The Egles intended to grow hemp, and their crop tested below the legal limit before the raid, according to documents filed by their attorney, trial lawyer Tom Jubin of Cheyenne.

In the July 6 court filing, Jubin argues there is a pile of evidence that the farmers intended to grow hemp, beginning with the fact that they testified in front of legislative committees in favor of legalizing this agricultural practice in Wyoming.

The case comes up for a preliminary hearing tomorrow in Laramie County Circuit Court. Jubin declined to comment, but his filing indicates he will ask the judge to dismiss the case because his clients did not intend to grow marijuana, which he argues should invalidate all the charges.

The Legislature legalized industrial hemp farming in 2017, though it became law without then-governor Matt Mead’s signature — a sign of his disapproval.

Jubin’s list of expected witnesses includes high-ranking politicians. Wyoming State Treasurer Curt Meier, a former state senator, along with House Majority Floor Leader Eric Barlow and House Judiciary Committee Chairman Dan Kirkbride — all proponents of hemp farming who interacted with the charged farmers during legislative hearings on the statutes — are listed as potential witnesses. All three submitted testimony that they believe the Egles intended to grow hemp, not marijuana.

Political proponents of hemp have touted it as a way to diversify Wyoming’s fossil-fuel dependent economy and provide a new crop for the state’s agriculturists.

A photograph of the Egles standing next to Gov. Mark Gordon at the March 6, 2019 signing of a follow-up bill legalizing hemp production and processing is also included in the filing.

Jubin is also arguing that while DCI’s tests found the plants contained above the legal limit for THC, their concentration of the psychoactive ingredient was far too low to be effective as an illegal intoxicant.

DCI agents put the plants through a series of 10 tests, according to the charging documents. In nine of those, the concentration tested higher than 0.3%, according to the charging documents. The highest test level came back at 0.6% THC.

But for someone looking to get high, smoking these plants would be a disappointment. A review of recreational marijuana dispensary websites in Fort Collins, Colorado shows most “flowers,” the smokable buds of the plants, contain 15% THC or more.

“A crop of hemp containing in the neighborhood of .3 percent — or even over one percent, would be entirely unmarketable as marijuana,” Jubin argued in his July 6th filing. Selling such a product “on the illegal black market” could even put the seller at risk of retaliation, Jubin argued.

“Selling such a plant representing it to be marijuana could endanger the seller as it has no significant psychoactive properties, and any purchaser would consider himself duped or cheated,” he wrote. Nor could the farmers sell the crop in the legal marijuana market, because it did not come from a licensed grow operation, Jubin argued.

Prosecutors, however, are leveling serious charges against the farmers. These include conspiracy to manufacture, deliver or possess marijuana; possession with intent to deliver marijuana; possession of marijuana; and planting or cultivating marijuana. All but the last are felonies. The conspiracy and possession-with-intent-to-deliver charges carry prison sentences of zero to 10 years. Possession of a felony weight of marijuana — over three ounces — carries a prison sentence of zero to five years.

Two more people, Brock and Shannon Dyke, who were present at the farm the day of the raid, face identical charges. Brock Dyke was a contractor doing work for the Egles, according to Jubin’s filing.

Laramie County District Attorney Leigh Ann Manlove did not respond to a request for comment by publication time.

Tipster led to ‘bust’

The trail to DCI’s raid on the farm in sleepy Albin, east of Cheyenne near the Nebraska border, began on Sept. 4, according to the charging documents. That day, a “reliable source of information” contacted DCI Special Agent J. Briggs and said he was concerned Palm-Egle was growing marijuana. The source said he or she “has known PALM-EGLE for some time,” Briggs wrote in his affidavit. The reliable source said they had seen a new addition on Palm-Egle’s farm and “believed that the new addition was what was described as a ‘greenhouse,’” Briggs wrote. The source “also claimed that he/she, noticed ‘blue lights coming from the greenhouse.’”

The source also said that Palm-Egle, who is in her 60s, talked in conversation about marijuana easing the symptoms of her multiple sclerosis.

More than a month after the tip, on Oct. 28, DCI’s Briggs “attempted to conduct physical surveillance on the residence,” he wrote. He saw car tracks but no people.

On Nov. 1, Briggs returned to the farm with another agent and went looking for someone to talk to. They did not find anyone, even after knocking on doors and entering “open barns” to look “around corners in areas that someone could possibly be, with the inability to hear Agents announcing themselves,” Briggs wrote.

He did not find anyone to talk to, but spotted “what appeared to be raw plant form marihuana” hanging in a barn with no door to hide it. Briggs then did some research, according to his affidavit. An official at the Wyoming Department of Agriculture told him that no hemp licenses had been granted yet. Briggs also found that Palm-Egle was once the registered agent for a Denver-based marijuana company, but the company no longer had a grow license.

The morning of Nov. 4, agents executed a search warrant and raided the farm, where they found the Dykes, along with their two children. Jubin describes Brock Dyke as a building contractor who worked for the Egles.

“My clients are honest small business owners,” Michael Bennett, a Laramie-based attorney representing the Dykes, said. Bennett declined to comment further on the case.

When the agents entered the barn, they found the plants had been taken down and the buds had been placed in “large brown paper bags.”

According to Briggs, Brock Dykes in an interview told the agent the plants were “clones” of marijuana plants Josh Egle had brought from a marijuana grow in Colorado.

According to Jubin’s filing, Dykes told DCI Agent Jason Moon during the raid that the crop was hemp. He provided the agent text messages from the farmers with the results of two previous tests the farmers had a commercial lab conduct on the crop. Both those tests, as well as a third one that is included as evidence in Jubin’s filing, came back below 0.3% THC. Moon shared those results with other investigating law enforcement officers, Jubin said.

Jubin will argue that the fact that the farmers were testing their crop at all suggests they were growing hemp, not pot, he wrote in his filing. This idea is consistent with what “one of the DCI agents on scene at the time of the search has said,” Jubin wrote.

“It is very surprising that this matter has come this far and gotten to this point,” Jubin wrote.

The agents took the plants in the barn, “as well as a small amount of high grade marihuana from inside the residence,” that the Dykes denied ownership of. The agents seized 327,600 grams of plants, according to the affidavit. That’s roughly 722 pounds.

WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.

Veterans Working In Marijuana Industry Aren’t Automatically Blocked From Home Loans, VA Says

Photo courtesy of Pixabay.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Politics

Minnesota Marijuana Legalization Bill Clears 12th And Final House Committee, Advancing To The Floor

Published

on

A bill to legalize marijuana in Minnesota has been approved by its final House committee and will now advance to the floor.

The road to get to this position has been long and winding, with 12 panels hearing and voting on the measure since it was introduced in February.

House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers filed the proposal, which would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

Members of the House Ways & Means Committee approved the legislation in a 16-10 vote on Friday.

Winkler previously said that he expects a floor vote this month, though that has yet to be scheduled. The legislature is slated to adjourn on May 17.

The bill “helps to correct wrongs that have been done for too long in Minnesota to communities who’ve been over-policed who have been targeted for cannabis enforcement to further a prohibition of cannabis that does not work,” the majority leader said in opening remarks.

Winkler said that “legalizing and creating a safe marketplace by taxing cannabis and using the proceeds from those taxes to pay for cannabis regulation to help invest in a cannabis industry” would reflect “the values of Minnesotans and help to address the harm that is caused by cannabis prohibition on our black and brown communities.”

The panel adopted an amendment from Winkler that expands the definition of social equity applicants to include those from communities disproportionately impacted by prohibition and makes changes to how regulators would address rules violations by businesses. It would also revise the amount of funding for various state agencies, including a reduction in appropriations for the Department of Corrections.

A proposal to require that the label on marijuana products include information about the maximum dose that is considered safe within a 24-hour period was also approved.

An additional amendment that would have required marijuana products to be labeled with a warning that cannabis remains illegal under federal law was rejected.

Prior to taking up the legalization bill, members adopted an amendment to separate budget legislation that would provide funding for the implementation of the cannabis program for the first biennium, after which time marijuana tax revenue would more than cover costs.

It the measure does clear the full House chamber, it’s still expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have signaled that they’re more interested in revising the state’s existing medical cannabis program than enacting legalization of adult use.

That said, a GOP member of the Taxes Committee, which approved the legalization bill on Wednesday, indicated that he felt an amendment he introduced and that was adopted could bolster Republican support.

That revision from Rep. Pat Garofolo (R) directs remaining cannabis revenue to a tax relief account after implementation costs are covered and substance misuse treatment and prevention programs are funded.

“The adoption of this amendment is a gamechanger,” Garofalo said in a press release. “The Democrat majority accepting this amendment means that if signed into law, this bill will result in lowering taxes Minnesotans are FORCED to pay, financed with the revenue generated from taxes that people are CHOOSING to pay.”

Before the Taxes Committee, the bill passed the Health Finance and Policy Committee, Public Safety and Criminal Justice Reform Finance and Policy CommitteeEducation Finance CommitteeState Government Finance and Elections CommitteeJudiciary Finance and Civil Law Committee, Environment and Natural Resources Finance and Policy Committee, Agriculture Finance and Policy Committee, Workforce and Business Development Finance and Policy Committee, Labor, Industry, Veterans and Military Affairs Finance and Policy Committee and Commerce Finance and Policy Committee.

“At the beginning of the year, a House committee had never passed a legalization bill. Now, we’re on the verge of passing a bill off the House floor,” Winkler said in an email to supporters on Friday. “We have the ability to change laws in a way that improves people’s lives, whether it’s expunging cannabis-related records, targeting economic opportunity for those impacted most by the war on drugs, providing relief for veterans suffering from PTSD and serious health conditions, and more.”


Marijuana Moment is already tracking more than 1,100 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.

The litany of committees the bill has gone through makes it perhaps the most thoroughly vetted legalization measure to move through a state legislature—and it means that a solid portion of the House has already had the chance to review, propose amendments to and vote on the legislation it as it advances to the floor, presumably increasing its chances of passage in the chamber.

The majority leader’s bill as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the legislation, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Wisconsin Governor’s Marijuana Legalization Proposal Stripped From Budget By GOP-Led Committee

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

Feds Announce New Standard THC Dose To Be Used In Marijuana Research, Effective Immediately

Published

on

A top federal health agency announced on Friday that it has determined the standard dose of THC that should be used for marijuana studies moving forward.

The National Institute on Drug Abuse (NIDA) said in a notice to researchers that there is a “new requirement to measure and report results using a standard THC unit in all applicable human subjects’ research,” which is effective immediately. That standard unit is five milligrams of THC.

NIDA said that inconsistencies in measuring and reporting THC exposure “has been a major limitation in studies of cannabis use, making it difficult to compare findings among studies.” Therefore, a “standardized measure of THC in cannabis products is necessary to advance research by providing greater comparability across studies of both its adverse effects and potential medical uses.”

The agency recognized, however, that “the same quantity of THC may have different effects based on route of administration, other product constituents, an individual’s genetic make-up and metabolic factors, prior exposure to cannabis, and other factors.”

But by creating a standard THC dose, it will nonetheless be easier to compare studies that involve THC exposure, which is a “high priority” of NIDA and the National Advisory Council on Drug Abuse.

“It is not the intent of this Notice to prescribe the quantity of THC that is permissible for use in research projects. Indeed, investigators are free to use more or less than 5mg of THC as appropriate for their study,” the notice states. “However, for applicable studies, investigators will be required to report the quantity of THC using the standard unit. Investigators may also report the quantity of THC in other units (e.g., milligrams) as appropriate.”

This comes one year after NIDA, which is part of the National Institutes of Health, first solicited feedback on a proposal to standardize THC content in cannabis research.

The agency said that it carried out “extensive stakeholder input,” along with “consultation with experts in the field,” to arrive at the decision to set the standard unit at 5 mg.

“This guidance will apply to applications where THC is a focus of the research,” the new notice continues. “Applicants are responsible for determining whether use of this standard unit is applicable to their research and for determining best approach to applying it in their research applications. A justification should be provided for research that does not propose to use the standard unit.”

NIDA Director Nora Volkow discussed the importance of establishing a standard THC unit in commentary published in the journal Addiction last year.

Citing research that calls for a five milligram THC standard, Volkow said she agreed with the study’s conclusion despite complicating factors. Those factors include potential issues related to the effect of having cannabis products with the same THC level but different concentrations of other cannabinoids such as CBD.

The complexities in research beyond having a standardized measure of THC “hardly negate the value” of setting one, Volkow said in her commentary. “In fact, having and using such a standard is a prerequisite for comparing the effects of various cannabis products on THC bioavailability, pharmacokinetics and pharmacological effects, which is knowledge fundamental to studies pertaining to medical use of cannabis.”

“Although cannabis remains an illicit substance in the United States, the expanded legalization by states requires us to develop the knowledge base that can help states develop policies to minimize risk from cannabis exposures, such as limits on the THC content of cannabis products,” she said.

Volkow has been vocal about the importance of streamlining and improving research into cannabis, and she’s laid partial blame for the the lack of studies on marijuana’s restrictive federal classification.

Kansas Senate Running Out Of Time To Pass Medical Marijuana Legalization Bill That Cleared House

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading

Politics

Kansas Senate Running Out Of Time To Pass Medical Marijuana Legalization Bill That Cleared House

Published

on

As advocates applaud the passage of a medical marijuana legalization bill in the Kansas House of Representatives, anxieties remain high over its prospects in the GOP-controlled Senate.

The chamber has days left being the end of the legislative veto session, and Senate leadership has signaled that they do not view the reform legislation as a priority.

“The Senate is not real high on the issue at this point” Senate President Ty Masterson (R) told an Associated Press reporter in a pun-filled text message on Thursday, adding that “we may roll it into a joint committee and see if we can weed out the issues.”

Whether he was serious about the joint committee or simply making an attempt at cannabis-related humor is unclear. A spokesperson for his office separately said that the chamber is focused on passing a budget bill and a school funding measure in the final days of the session.

“I can’t imagine we’d take the subject matter up this year,” Masterson said earlier this week ahead of the House vote.

If the Senate doesn’t take up the medical marijuana bill by May 11, it would still be alive for the second half of the legislative biennium that starts early in 2022 and could be acted upon then.

But even if senators do make time to establish a bicameral conference committee to consider the proposal, there are still serious doubts about whether the body would approve the resulting negotiated legislation. And defeat in the Senate this year would mean lawmakers would have to start the process all over again if they wanted to pursue the reform again next year.

Getting the bill to this stage alone has proved challenging.

It moved through the House Federal and State Affairs Committee after a series of hearings and onto the floor in March, but then it was rereferred to the panel for further consideration. Members then adopted several additional amendments before sending it back on the floor.

The legislation would establish a medical marijuana program for qualified patients. It lists about two dozen conditions that make a person eligible for cannabis, including Alzheimer’s disease, cancer, Crohn’s disease, glaucoma, multiple sclerosis, post-traumatic stress disorder and traumatic brain injury.


Marijuana Moment is already tracking more than 1,100 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.

Smoking and vaping products would be prohibited. The bill would also not provide for home growing.

The state would license medical cannabis growers, testing labs, processors distributors and retailers, and counties would be able to opt out of allowing marijuana businesses to operate in their jurisdiction.

Patients would be able to purchase up to a 90 day supply of cannabis from licensed dispensaries, which would be regulated by the state Department of Alcoholic Beverage Control (ABC). That department would also be renamed the Division of Alcohol and Cannabis Control.

The secretary of the Department of Health and Environment would have to develop regulations to administer the medical cannabis program by July 1, 2023.

Gov. Laura Kelly (D), for her part, supports medical cannabis and would be expected to sign a bill if it arrived on her desk.

She pushed a separate proposal that would legalize medical cannabis and use the resulting revenue to support Medicaid expansion, with Rep. Brandon Woodard (D) filing the measure on the governor’s behalf.

Kelly has she said she wants voters to put pressure on their representatives to get the reform passed. And with the small timeline before the session’s end, the time to apply that pressure would be now.

While both pieces of legislation would make it so Kansas would join the vast majority of states that have legal medical marijuana markets, advocates view them as restrictive, particularly as it concerns the limited methods of consumption that would be permitted.

A separate medical cannabis legalization bill was introduced by the Senate Commerce Commerce in February, though it has not seen action beyond being referred to another panel.

Alabama Governor Will Give Medical Marijuana Bill A ‘Thorough’ Review, Spokesperson Says

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Marijuana Moment