Governors across America are tired of waiting for President Joe Biden to fulfill his goal to swiftly determine if the country should reschedule cannabis at the federal level—leading six of them to urge the president in a letter to do something after months of inaction.

Colorado Gov. Jared Polis, Illinois Gov. J.B. Pritzker, Louisiana Gov. John Bel Edwards, Maryland Gov. Wes Moore, New York Gov. Kathy Hochul, and New Jersey Gov. Phil Murphy urged the president to take action in a letter dated Dec. 5, given that it’s been 10 years since the first states legalized adult-use pot (starting with Colorado and Washington).

Polis led the effort to send the Biden administration the letter. The Governors applauded the president for reconsidering the classification of cannabis and encouraged the federal government to reschedule cannabis. Polis expressed the Governors’ hope that the Drug Enforcement Administration (DEA) will reschedule cannabis from Schedule I to Schedule III this year. 

This is What Americans Want

Americans overwhelmingly support legal cannabis, Pew Research found. Nearly 88% of Americans said they are in favor of legalization for medical and adult-use cannabis. Doing so, they said, would rectify cannabis’s outdated classification, which is long overdue and puts small businesses and public safety at risk. 

“This decision by a leading federal health agency comes on the heels of 38 states creating their own state markets and complementary regulatory systems. In some cases, these state regimes have thrived for more than a decade, and this recommendation by FDA is a real testament to their success. It’s a signal that FDA and the Department of Health and Human Services [HHS] have faith in state regulators and the regulations that they have promulgated to keep citizens safe,” the Governors wrote.

The DEA only adheres to its own analysis, however, and is not necessarily bound by the HHS’s recommendation, Reuters reported, though many other experts predicted the DEA would act on their recommendation. Only a major administrative action or an act of Congress could create major change towards ending the prohibition of cannabis.

They acknowledged the enormous impact federal law has upon cannabis businesses, forcing them to do business in cash, and also putting them at risk for violent crime, which High Times has documented again and again.

“Economically, rescheduling to Schedule III will alleviate restrictions of Section 280E of the

Internal Revenue Code, allowing cannabis-related businesses to take ordinary business

deductions—just like every other American business,” the letter reads. “Economists estimate that this will save$1.8 billion per year by shifting cannabis companies to a standard federal corporate rate of 21% versus the up to 80% effective tax rate they face now.”

A Cash-Only Business

Rescheduling pot would allow cannabis-related businesses to take ordinary tax deductions, like any other business, and it would not only alleviate financial and safety concerns for businesses but allow the cannabis industry to play a full role in the American business landscape. 

Regulated cannabis that undergoes lab-testing, etc. is safer than alternatives and has been linked to reduced rates of opioid abuse, opioid-related hospitalizations, traffic fatalities, drug treatment admissions, and overdose deaths. 

“There is, and will continue to be, a significant consumer demand for cannabis. That fact will not change regardless of the public policy choices that we make.” The Governors wrote So, it seems obvious and sensible to us to make cannabis as safe as it can be for adult consumers while simultaneously protecting our children. The state-regulated marketplace does just that. If the state-legal marketplace doesn’t survive, then we will see unsafe products on every street corner,” the Governors continued.

Stocks soared as Biden released an announcement on Oct. 6, 2022, urging the of Health and Human Services and the Attorney General to consider reclassifying pot, which was the first indicator that it could actually happen.

“I am asking the Secretary of Health and Human Services and the Attorney General to initiate the administrative process to review expeditiously how marijuana is scheduled under federal law.  Federal law currently classifies marijuana in Schedule I of the Controlled Substances Act, the classification meant for the most dangerous substances.  This is the same schedule as for heroin and LSD, and even higher than the classification of fentanyl and methamphetamine – the drugs that are driving our overdose epidemic. 

Several months ago, Polis sent a letter to Biden on Sept. 5 regarding the U.S. Department of Health and Human Services’ (HHS) recommendation for the Drug Enforcement Administration (DEA) to reschedule cannabis from a Schedule I substance to a Schedule III substance.

“We are pleased to hear that you have recently received Health and Human Services’s (HHS) recommendation to move cannabis to Schedule III,” Polis wrote in his letter. “It’s about time.”

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Members of the Illinois House of Representatives are considering a bill that would ban police searches of vehicles based solely on the odor of cannabis. The measure, Senate Bill 125, has been assigned to two House legislative committees after gaining the approval of the Illinois Senate in a 33-20 vote late last month.

Democratic Senator Rachel Ventura, the lead sponsor of the legislation, said that SB 125 will help people who use cannabis legally avoid searches by law enforcement simply because police perceive the odor of marijuana.

“People—especially people of color—are unnecessarily pulled over far too often,” Ventura said about the legislation in a statement. “The odor of cannabis alone shouldn’t be one of those reasons (for their car to be searched). Cannabis is legal in Illinois and it’s a pungent scent that can stick to clothes for extended periods of time.”

If passed by the House and signed into law by Democratic Governor J.B. Pritzker, Senate Bill 125 would amend the Illinois Vehicle Code to state that “the odor of burnt or raw cannabis in a motor vehicle by itself shall not constitute probable cause for the search of the motor vehicle, vehicle operator, or passengers in the vehicle,” provided that the vehicle is operated by an individual at least 21 years old. 

At a press conference on April 11, Democratic Representative Jehan Gordon-Booth said that Senate Bill 125 is needed to fully implement Illinois’ recreational marijuana legalization bill, which was passed by state lawmakers and signed by Pritzker in 2019. Under the legislation, adults 21 and older are permitted to possess up to 30 grams (just over one ounce) of cannabis and up to five mature cannabis plants. Non-residents of Illinois at least 21 are permitted to possess up to 15 grams.

“It was incredibly important as we were looking to legalize this product that has clearly demonized so many communities,” said Jehan Gordon-Booth.

Weed In Cars Must Be Inaccessible

Senate Bill 125 also requires that cannabis possessed by drivers or passengers in motor vehicles driven on state roadways be kept in a sealed or resealable, child-resistant container in a secure location not accessible.

An amendment to the original bill limits the protection from vehicle searches based on the odor of marijuana to autos operated by adults 21 and over. When the change was made to allow searches of vehicles operated by younger drivers, the Illinois chapter of the American Civil Liberties Union (ACLU) dropped its support of the bill and instead adopted a neutral stance on the legislation.

“We do have concerns that the amendment to the bill creates a workaround, or a loophole, that could have the effect of incentivizing police to target youth for unnecessary traffic stops or vehicle searches,” Atticus Ballesteros, an attorney with the ACLU of Illinois, told the Rockford Register Star.

Ballesteros added that the ACLU of Illinois originally supported the bill because there are numerous reasons a vehicle may smell of cannabis.

“And to us, that applies irrespective of age,” Ballesteros said.

Bill Opposed By Law Enforcement

Law enforcement officials including Illinois Sheriff’s Association executive director Jim Kaitschuk oppose Senate Bill 215 and are calling on lawmakers in the House to reject the measure barring vehicle searches based solely on the odor of weed.

“You can’t have endless marijuana in a vehicle,” Kaitschuk told The Center Square. “It’s only legal to a certain amount. Are we also going to inhibit the ability to intervene when the smell of burnt cannabis may be coming from the vehicle, when the motorists may actually be impaired?”

Kaitschuk added that he is concerned that if passed, the legislation could make it more difficult for law enforcement officers to address the illicit market for cannabis and other drugs.

“I think this bill will have the ability to impact illicit markets in terms of people being able to carry more of the drug than they should,” he said. “Plus, folks may traffic marijuana cannabis to mask other drugs that may illegally be in the vehicle.”

Kaitschuk added that he thinks the bill is a solution to a problem that does not exist.

“We’re not just stopping people because we smell cannabis,” he added. “That’s not a probable cause to stop a car. There has to be some other action or activity that occurred in terms of violation of the Vehicle Code that got us there.”

Senate Bill 125 was passed by the Illinois Senate on March 30 and is now pending in the state House of Representatives, where it has been assigned to the Rules Committee and the Executive Committee. A hearing on the legislation has been scheduled by the Executive Committee to be held at the state capitol in Springfield on April 19.

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As of April 14, two cannabis bills have officially been sent to the desk of Delaware Gov. John Carney. House Bill 1 legalizes small amounts of cannabis for personal use, and House Bill 2 establishes regulations for cultivation and sales. Both combined make up the Delaware Marijuana Control Act.

According to the Delaware State Constitution, the governor has 10 days to make a decision about the bills (which does not include Sundays), or sometime between April 22 for HB-1 and April 26 for HB-2. Carney may either sign the bills, veto them, or make no decision and allow them to become law without his signature.

According to bill sponsor Rep. Ed Osienski, the arrival of HB-1 and HB-2 on Carney’s desk is the result of a lot of work by legislators and advocates. “We have been on a long, multi-year journey with the Marijuana Control Act. We have had countless hearings, debates, stakeholder engagement and deliberations. We have incorporated numerous suggestions and changes from interested parties—including the governor’s office—throughout this process to arrive at what I believe is the best possible plan for legalizing and regulating adult recreational marijuana,” said Osienski. “I am hopeful that the governor will take all of this into account as he considers these bills and that he will acknowledge the desires of an overwhelming majority of Delaware residents.”

Carney’s response to these bills isn’t certain. Most recently, Carney attended a press event for a campaign called “Making Delaware’s Roadways Safer” on March 29. While there, Delaware reporter Tim Furlong asked Carney what he might do with the cannabis legislation bills at the end of March.“No, I’d rather focus on this issue,” Carney said at an event. “Obviously I’m concerned mostly about intended consequences of legalization, including highway safety.”

Carney initially vetoed a bill to legalize cannabis possession in May 2022, stating that he supports medical cannabis and decriminalization, but not recreational cannabis. “That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” Carney said last year. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Following the veto, legislators attempted to have the veto overridden in June 2022, but the effort failed. However, legislators reintroduced recreational cannabis into the legislature in January 2023. The House approved the bill on March 7, followed by the Senate on March 28.

In early March, Osienski shared his hopes that continually revisiting cannabis will eventually lead to a signature from the governor instead of a veto. “My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” Osienski said. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

Delaware shares a border with New Jersey and Maryland, which have both passed adult-use cannabis. According to a statement provided to High Times by Brian Vicente of Vicente LLP, Delaware is next up to approve legalization and help bolster cannabis on the east coast. “The impending passage of legalization in Delaware is a historic and important step towards establishing the Atlantic Seaboard as ground for legal adult cannabis regulation,” Vicente said. “For many years, legalization was considered a West Coast phenomenon, but the East Coast is now following suit. While we are still a ways away from having cannabis legal from Florida to Maine, Delaware further cements the East Coast as an area turning its back on marijuana prohibition.”

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Lawmakers in Maryland passed legislation over the weekend to regulate commercial cannabis production and sales after months of negotiation on issues including social equity and taxation. The bill, which sets the stage for regulated recreational marijuana sales to begin on July 1, now heads to the desk of Democratic Gov. Wes Moore.

The Maryland Senate passed the bill with amendments on Friday by a vote of 30-12. The House of Delegates, which originally approved the measure on March 10, passed the amended version of the legislation on Saturday with a 104-35 vote, sending the bill to Moore for consideration. The governor, who supported efforts to legalize cannabis for adults in Maryland, is expected to sign the bill, according to a report from the Washington Post.

After the bill’s passage, lawmakers said that they drew on Maryland’s experience legalizing the medicinal use of cannabis and regulatory efforts in other states to draft the legislation to legalize the production and sale of recreational marijuana.

“We’ve been talking with our counterparts in other states saying, ‘If you had to do it all over again what would you do differently? What did you wish you had known when you set up your program?’” Democratic Senator Melony Griffith, the chair of the Senate Finance Committee, said at a press conference. “We have great expertise here in Maryland, with our medicinal cannabis program, and have had tremendous success. So all of those ingredients, if you will, have been rolled into our cannabis framework.”

In November, Maryland voters legalized recreational marijuana with the passage of Question 4, a state referendum that was approved with nearly two-thirds of the vote. The bill passed by the legislature on Saturday sets the stage for legalization to take effect, allowing adults 21 and older to possess up to 1.5 ounces of marijuana and grow up to two cannabis plants at home, beginning on July 1. 

Under the legislation, a new regulation and enforcement division would be created within the state’s existing Alcohol and Tobacco Commission, which would be renamed the Alcohol, Tobacco and Cannabis Commission. The legislation includes provisions to guide the regulation of cannabis production and sales and sets a 9% tax on recreational marijuana purchases. 

Lawmakers Block New Amendment To Further Restrict Dispensaries

Before the bill was passed in the House, Republican Delegate Wayne A. Hartman proposed an amendment that would increase the mandatory minimum distance separating cannabis dispensaries from 500 feet to one mile. The proposal also would have required dispensaries to be at least one mile away from schools, parks, playgrounds and libraries.

“So, we couldn’t put a dispensary anywhere in Ocean City because there’s nowhere that spans a mile between any of these things?” asked House Economic Matters chair C.T. Wilson.

“I can’t tell you I’m heartbroken by that,” Hartman replied.

But Wilson said that the residents of Hartman’s district might feel differently, noting that voters approved the referendum to legalize adult-use cannabis in Maryland with more than two-thirds of the vote statewide.

“They asked us to do this,” he said. “They asked us to do this in a fair and equitable way. They asked us to make sure we didn’t stick them all in one place and to make sure that anybody who wanted to buy does have access.”

Social Equity A Priority

To help promote equity in the cannabis industry and ownership by those negatively affected by marijuana prohibition, the first licenses awarded in Maryland will be reserved for social equity applicants. To qualify, an applicant must have at least 65% ownership by an individual who lived in a “disproportionately impacted area” for five of the last 10 years or attended a public school in such an area. The bill also creates a new Office of Social Equity in the cannabis division to promote participation by “people from communities that have previously been disproportionately impacted by the war on drugs,” Wilson said at a committee hearing for the bill last month.

Brian Vicente, founding partner at the cannabis and psychedelics law firm Vicente LLP, lauded the approval of the cannabis commerce legalization bill by the Maryland legislature.

“Maryland continues its charge towards legalization with the House and Senate sending a regulatory bill to the governor’s desk to establish a robust, adult-use licensing structure,” Vicente wrote in an email to High Times. “This law will increase the number of cannabis businesses, and the first round of new business owners will be social equity applicants. Since state voters passed legalization by almost 70%, it’s unsurprising that the Maryland legislature is moving quickly to implement the voter’s will. They remain firmly on target to begin adult-use sales by July 1.”

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New York Gov. Kathy Hochul on Tuesday signed into law a bill that seeks to expand the states industrial hemp industry. 

The legislation, which was sponsored by Democratic state Sen. Michelle Hinchey, aims to “promote greater use of New York-grown industrial hemp by businesses in New York State,” and “instructs the Commissioner of Agriculture & Markets, in collaboration with the Urban Development Corporation, the [New York State] Hemp Workgroup, and industry representatives, to develop a plan to expand market opportunities for industrial hemp that would increase its use in manufacturing and construction materials, including packaging, textiles, and hempcrete.”

“Hemp is the material of the future, and positioning New York as a leading producer of the world’s industrial hemp supply is a winning strategy for fighting the Climate Crisis, bringing large-scale economic development to New York’s rural communities, and unlocking new revenue sources to put our farmers in a better financial position,” Hinchey said in a statement on Tuesday. “I’m proud that my hemp bill has been signed into law, directing our state to seek strategic collaborations to help us usher in a new era of manufacturing power, product creation, and rural economic development around an industry that is nearly untapped around the world.”

Industrial hemp was legalized on the federal level in 2018, when Congress passed a Farm Bill that opened the door for states to allow its cultivation.

State leaders have since eagerly approved their own laws and regulations for hemp production, capitalizing on a burgeoning new industry.

In New York, hemp farmers have been able to get in on the ground floor of another cash crop after Hochul signed a bill in February allowing them to apply for conditional licenses to grow marijuana, which the state legalized for recreational use and sales in 2021. 

“I am proud to sign this bill, which positions New York’s farmers to be the first to grow cannabis and jumpstart the safe, equitable and inclusive new industry we are building,” Hochul said at the time. “New York State will continue to lead the way in delivering on our commitment to bring economic opportunity and growth to every New Yorker in every corner of our great state.”   

Hinchey celebrated the signing of that bill, as well.

“Today is an exciting day in New York as our bill to give New York farmers the ability to start the cannabis market is signed into law. The [new marijuana law] set the foundation for our state to build a truly circular cannabis economy that puts New York farmers and small business dispensaries at the center of growth and production, and with the signing of this bill, farmers can now put seeds in the ground to ensure we meet the demand of this burgeoning industry. I thank Governor Hochul for her quick action on this bill so that we can get to work building the most forward-thinking and socially-equitable cannabis industry in the country,” Hinchey said in a statement at the time.

New York Adult-Use Cannabis Market

Since she took over for former New York Gov. Andrew Cuomo in August of 2021, Hochul has been busy getting the state’s new adult-use cannabis industry up and running. 

Hochul, who won her first election as the incumbent governor in last month’s midterms, said in October that she expects the first regulated pot retailers to open their doors to customers by the end of the year. 

 “We expect the first 20 dispensaries to be open by the end of this year,” the Democratic governor said at the time. “And then every month or so, another 20. So, we’re not going to just jam it out there. It’s going to work and be successful.”

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Five years into legal adult-use cannabis sales in California, and the industry is at “a breaking point.” Top cannabis industry insiders sounded the alarm as the industry teeters towards implosion amid impossible tax rates and other serious issues.

In a letter dated December 17, over two dozen cannabis executives warned California Governor Gavin Newsom, President pro Tempore Toni Atkins and Speaker Anthony Rendon that the state’s cannabis industry is on the verge of collapse.

According to the letter, only major tax cuts and a rapid increase of retail operations can save the industry. Two-thirds of California cities lack dispensaries, since local governments authorize sales and production.

California is set to raise the cannabis cultivation tax next month—despite the Legislative Analyst Office estimating that the state will have a budget surplus of $31 billion next year. On January 1, 2022, the California Department of Tax and Fee Administration (CDTFA) will raise the state’s cannabis cultivation tax for dry-weight flower by almost five percent, raising it to a whopping $161 per pound, and over $10 per ounce. It’s this tax that is exceptionally difficult for farmers who cannot even break even. This was the reason California NORML sent out a warning about the tax hike last month.

The letter provides a solution for some of the immediate problems. Specifically, the industry leaders asked for three things that need to change in order for California’s legal cannabis industry to survive: an immediate lifting of the cultivation tax, a three-year holiday from the excise tax and an expansion of retail shops throughout much of the state.

“It is critical to recognize that an unwillingness to effectively legislate, implement, and oversee a functional regulated cannabis industry has brought us to our knees,” the letter reads. “The California cannabis system is a nation-wide mockery; a public policy lesson in what not to do. Despite decades of persecution by the government, we have been willing and adaptable partners in the struggle to regulate cannabis. We have asked tirelessly for change, with countless appeals to lawmakers that have gone unheard. We have collectively reached a point of intolerable tension, and we will no longer support a system that perpetuates a failed and regressive War on Drugs.” 

The current system “is rigged for all to fail,” they wrote.

High tax rates are pushing consumers back into the black market, where the tax-free cannabis is cheaper. “The opportunity to create a robust legal market has been squandered as a result of excessive taxation,” the letter said. “Seventy-five percent of cannabis in California is consumed in the illicit market and is untested and unsafe.” Some local governments took the issue into their own hands. San Francisco Board of Supervisors, for instance, unanimously approved a measure to temporarily suspend the city’s Cannabis Business Tax to fight illicit pot sales.

Once the higher cultivation tax rolls in, “most consumers are going to take off,” Darren Story of Strong Agronomy said during a conference call on December 17 with journalists and members of the media. Organizers are preparing for a January 2022 Boston Tea Party-inspired rally on the Capitol Steps in Sacramento to protest tax rates and other industry issues. “Forget the Boston Tea Party. Here comes the California Weed Tax Revolt,” read the headline of a The San Francisco Chronicle. The leaders represent nearly every sector of California’s cannabis industry.

The full list of industry leaders who signed the letter is listed below:

• Alec Dixon, Co-founder of SC Labs 
• Amy Jenkins, President of Precision Advocacy
• Andrew DeAngelo, Co-founder of Harborside, California Cannabis Industry Association, Last Prisoner Project 
• Conrad Gregory, President of CCIA Executive Board 
• Dale Gieringer, California NORML Director 
• Darren Story, Founder of Strong Agronomy
• David Hua, CEO and Founder of Meadow
• Dennis Hunter, Founder of CannaCraft 
• Erich Pearson, Founder of SPARC farm and dispensaries
• Ingrid Tsong, Independent Farmer and Co-founder of Beija Flor Farms 
• Jacob Heimark, CEO and Co-founder of Plus Products
• James Kim, CEO and Co-founder of STIIIZY
• Jamie Warm, Co-CEO of Henry’s Original
• Jeff Gray, CEO of SC Labs 
• Jerred Kiloh, Owner of Higher Path dispensary and President of the United Cannabis Business Association trade group
• Jigar Patel, Co-CEO, NorCal Cannabis Company
• John De Friel, CEO and Co-founder of Raw Garden
• Joshua Keats, Founder and Co-CEO of Henry’s Original
• Karim Webb, CEO 4thMVMT
• Kristi Palmer, Co-founder of KIVA Confections
• Lindsay Robinson, Executive Director of California Cannabis Industry Association
• Michael Ray, Founder and CRO, Bloom Farms 
• Michael Zumpano, CEO of Versagenix
• Flavia Cassani, Co-founder of Flow Cannabis Co.
• Mikey Steinmetz, Co-founder of Flow Cannabis Co.
• Nara Dahlbacka, Partner The Milo Group
• Ray Landgraf, Founder and CEO of Island Cannabis Co.
• Steve DeAngelo, Cannabis Rights Activist, Chairman Emeritus of Harborside Inc.
• Vince C. Ning, Founder and Co-CEO of Nabis

Newsom spokeswoman Erin Mellon responded to the letter, and said in a statement that the governor supports cannabis tax reform and recognizes the current problems, while expanding enforcement against illegal sales and production. “It’s clear that the current tax construct is presenting unintended but serious challenges. Any tax-reform effort in this space will require action from two-thirds of the Legislature and the Governor is open to working with them on a solution,” Mellon said.

The letter ensures that state leaders understand the sense of urgency and the scope of the problem. “The solution to these issues and the possibility of saving this industry lies in your hands,” they wrote in the letter.

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For the most part, South Dakota voters are on board with their governor. Large majorities approve of her overall job performance, as well as her handling of the state’s economy and approach to the COVID-19 pandemic. 

But when it comes to Kristi Noem’s handling of cannabis legalization in the state, the Mount Rushmore State’s first-term governor and potential Republican presidential candidate gets a thumbs down.

A new poll out last week found that pot prohibition is just about the only bad grade on Noem’s report card. Of the 500 registered South Dakotan voters who participated in the poll, 61.2 percent shared they approved of Noem’s overall performance as governor.

Specifically, about 65 percent said they also approve of her handling of the pandemic, which has been defined by a hands-off approach. Seventy-two percent said they approve of her focus on problems specific to South Dakota, while roughly 61 percent back her upholding of the integrity of the office.

But on her handling of cannabis legalization, which flamed out in the state’s court system after being approved by voters in last year’s election, only 39 percent said they approve of Noem, while 17.8 percent said they somewhat disapprove and 33.4 percent said they strongly disapprove. 

The poll was conducted by Mason Dixon (and reported on by local television station KELO) between October 20 and 23 using phone interviews with 500 registered South Dakota voters. It has a margin of error of 4.5 percent.

The findings from the survey would seem to confirm what the results of last year’s election showed: that South Dakotans are ready to legalize recreational pot use for adults. Fifty-four percent of voters in the deep red state approved of Amendment A, which would have legalized pot for adults aged 21 and older. 

The poll also suggests that Noem’s unflinching opposition to legalization has been a rare political misstep for an otherwise popular governor widely believed to have White House aspirations. 

Noem effectively challenged the constitutionality of Amendment A, with a pair of state law enforcement officials bringing a lawsuit on her behalf. A circuit court judge in South Dakota struck down the amendment in February, but in April, the state Supreme Court agreed to consider an appeal of the lower court’s decision.

After deliberating for seven months, the Supreme Court finally handed down its decision last month, ruling on the eve of Thanksgiving that Amendment A violated the “one subject” requirement in the state’s constitution. 

Chief Justice Steven Jensen wrote in his majority opinion that the proposed amendment contained “provisions embracing at least three separate subjects, each with distinct objects or purposes.”

“This constitutional directive could not be expressed more clearly—each subject must be voted on separately—and simply severing certain provisions may or may not reflect the actual will of the voters,” Jensen wrote. “Therefore, we cannot accept Proponents’ suggestion that excising the medical marijuana and hemp provisions from Amendment A in favor of retaining the provisions regulating and legalizing recreational marijuana is an appropriate remedy. Amendment A is void in its entirety.”

Noem celebrated the Supreme Court’s decision, while also affirming that the state’s rollout of a new medicinal cannabis program—which was also approved by South Dakota voters in last year’s election—remained a go. 

“South Dakota is a place where the rule of law and our Constitution matter, and that’s what today’s decision is about,”she said in a statement at the time. “We do things right—and how we do things matters just as much as what we are doing. We are still governed by the rule of law. This decision does not affect my Administration’s implementation of the medical cannabis program voters approved in 2020. That program was launched earlier this month, and the first cards have already gone out to eligible South Dakotans.” 

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The Compassionate Access to Medical Cannabis Act or Ryan’s Law would allow patients in California with serious conditions to use non-smokable medical cannabis inside of hospitals. After receiving approval in California’s Assembly and Senate, Ryan’s Law and a bill regulating smokable hemp products both headed to the governor’s desk, amid a recall election.

If and when it’s signed by the governor, Senate Bill 311 or Ryan’s Law would allow terminally ill patients to use medical cannabis in healthcare facilities. The proposal prohibits patients, however, from inhaling or vaping herbal cannabis products. It also restricts the use of any forms of cannabis in emergency rooms.

Members of the California Assembly and Senate approved legislation and sent a bill to the Governor’s desk to allow the use of medical cannabis products within hospitals and other eligible health care facilities. 

The California State Assembly voted 57-1 to approve the bill on September 9, and the Senate approved the other chamber’s amendments in a 36-1 vote the next day.

The bill was pushed by State Senator Ben Hueso, who has fought to allow cannabis use in medical facilities for terminally ill patients repeatedly. In July, Hueso sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure, asking them to provide clarification on whether hospitals in legal cannabis states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

The bill “would require specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, subject to certain restrictions,” it reads. “The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility.”

Lawmakers approved a similar bill in 2019, but it was vetoed by Governor Gavin Newsom who expressed concerns that it create a conflict between federal and state law. 

Representatives from both HHS and the governor’s office have recently reached out to Hueso to say they’re continuing to look into the matter.

The senator’s legislation was partly inspired by the experience of a father whose son died from cancer and was initially denied access to cannabis at a California hospital. Jim Bartell did eventually find a facility that agreed to allow the treatment, and he has said his son’s quality of life improved dramatically in those last days.

The U.S. Hemp Roundtable claims that they’ve reached an agreement and expect Governor Newsom to sign the hemp-derived CBD bill. “We’re excited to report that a final deal has been reached with Governor Gavin Newsom to move to final passage of AB 45, our long term effort to explicitly permit the retail sale of hemp-derived extracts such as CBD in California,” a U.S Hemp Roundtable release reads. However, it’s unclear if the governor will sign Ryan’s Law, as he vetoed similar legislation earlier due to confusion about federal implications.

AB 45 would allow the sale of hemp-derived CBD extracts outside of licensed cannabis dispensaries. The Senate in a 29-2 vote on Wednesday. The Assembly concurred with amendments and gave final passage to the bill in a 56-3 vote on Thursday.

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As Democrats in Congress appear eager to finally tackle comprehensive marijuana reform, Colorado Governor Jared Polis hopes they address one particular cannabis policy first.

In a letter to a trio of Democratic senators on Friday, Polis urged them to pursue legislation implementing new banking and taxation measures that would enable financial institutions to work with cannabis businesses.

“I am thrilled that you are bringing forward a long-term, comprehensive solution that deschedules cannabis while enhancing social equity pathways,” wrote Polis, a Democrat serving his first term as governor of Colorado. “I hope that you will first focus your efforts on the two biggest barriers to the success of the cannabis industry: banking and IRS Code Section 280E (280E).

He said that “the cannabis industry has been stymied by 280E, which prevents these businesses from taking business-related deductions associated with the sale of cannabis.

“Congress must swiftly act to pass any measure, a number of which have been introduced in past sessions, to make an exception for legal cannabis businesses from 280E,” he wrote. “While the CAOA would address this issue by descheduling cannabis, a narrow measure focused on relieving cannabis businesses from the detrimental effects of 280E would expeditiously solve this problem.”

Polis wrote the letter to Senate Majority Leader Chuck Schumer, Senator Cory Booker and Senator Ron Wyden, who have thrown their weight behind the Cannabis Administration and Opportunity Act (CAOA), legislation that would effectively legalize marijuana on the federal level. 

The bill was introduced in draft form by the three Democratic senators last month.

But while members of Congress continue to wrangle out the details of that legislation, Polis believes there is a ready-made cannabis reform bill just waiting to be passed: the SAFE Banking Act, which Polis backed as a member of Congress representing Colorado’s second district.

“Legislation to address these issues has more bipartisan support than ever before and can be passed in the short-term as you continue to work on the details of the CAOA,” Polis wrote in the letter.

The SAFE Banking Act, Polis said, “has passed the U.S. House of Representatives four times but has never been taken up by the Senate.

“As a Congressman, I co-sponsored Representative Ed Perlmutter’s SAFE Banking Act because it is essential to bringing cannabis payments out of the shadows,” Polis wrote. “Medical and recreational cannabis sales in the U.S. were estimated to total $17.5 billion last year, but because of antiquated federal banking regulations, almost all cannabis transactions are cash-based. Not only are cash-only businesses targets for crime, cannabis businesses are further disadvantaged compared to other legal businesses by being unable to open bank accounts or obtain loans at reasonable rates.”

Polis continued to explain that it’s harmful for an industry as successful and large as cannabis industry to be forbidden from legitimate banking institutions. Polis continued, “The cannabis industry is simply too large to be prohibited from banking opportunities, and the Senate must remedy this harm by bringing this measure up for a vote in the Senate Committee on Banking, Housing, and Urban Affairs immediately.”

Polis, a longtime cannabis reform advocate, wrote the letter amid growing signs that Democrats are poised to deschedule marijuana under the Controlled Substances Act, a move that would finally put the federal government in line with states like Colorado that have already legalized pot.

Schumer said earlier this year that Democrats were ready to seriously tackle the issue––even as President Joe Biden remained wary of legalization.

“We will move forward,” Schumer said. “[Biden] said he’s studying the issue, so [I] obviously want to give him a little time to study it. I want to make my arguments to him, as many other advocates will. But at some point we’re going to move forward, period.”

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New York Governor Kathy Hochul—who replaced the disgraced former governor Andrew Cuomo—promised to pick up where Cuomo failed, and get the state’s adult-use cannabis market off the ground. New York residents grew wearisome, waiting for the industry to materialize as the former governor was consumed with scandals.

For background, former governor Andrew Cuomo and the state Legislature approved the law last March that legalized adult-use cannabis in New York. But Cuomo became embroiled in a dispute with the state Senate, so he didn’t nominate an executive director for the new Office of Cannabis Management—nor did he name appointees to the Cannabis Control Board, even though the Marijuana Taxation and Regulation Act was passed several months ago.

This left the state’s cannabis industry in a state of limbo, because without the Cannabis Control Board in operation, licenses and new rules cannot be approved.

Cuomo’s scandals came to a head earlier this month. Within a week of a report detailing 11 substantiated women’s allegations of sexual harassment and sexual assault against Governor Cuomo, he was gone. 

On August 10, former governor Andrew Cuomo announced his resignation, effective August 24—automatically making Hochul governor, who was officially sworn in on the same day his resignation took effect. That made Governor Hochul New York’s first female governor in its history. One of the things she plans on doing differently is tackling cannabis reform, which has dragged on for too long in New York.

Governor Hochul’s representatives confirmed that she plans on filling critical cannabis positions as a priority. “Nominating and confirming individuals with diverse experiences and subject matter expertise, who are representative of communities from across the state, to the Cannabis Control Board is a priority for Gov. Hochul,” the new governor’s spokesman, Jordan Bennett, told The New York Post. “We look forward to working with the legislature to keep this process moving forward,” the Hochul rep said.

According to Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) and Assembly Speaker Carl Heastie (D-Bronx), Hochul indicated to them also that she will move on the appointments to the Cannabis Control Board. “They have spoken about the need to make appointments to the board,” said Mike Murphy, a spokesman for Stewart-Cousins. 

Heastie said that Governor Hochul was clear about making cannabis a priority during a private meeting that took place on August 9. “She did say that that was something that she wanted us all to concentrate on—and we agreed,” Heastie said.

However, Rochester First reported that Governor Hochul did not discuss cannabis in particular during her first-ever address, but acknowledged her team agreed that cannabis will be a priority.

The First Female New York Governor

Not only is Governor Hochul New York’s first governor, but her appointment means that there are now nine female governors currently in office—tying the record for the highest number of female governors to date.

It represents a significantly more inclusive time for state leadership. Hochul joins Governors Kristi Noem, Kate Brown, Laura Kelly, Kay Ivey, Kim Reynolds, Gretchen Whitmer, Michelle Lujan Grisham and Janet Mills.

Several of the aforementioned governors have been active in cannabis reform, for better or for worse. Governor Kristi Noem, for instance, repeatedly delayed or fought against cannabis reform including South Dakota’s disputed adult use and medical cannabis bill.

Governor Hochul has served as Cuomo’s lieutenant governor since 2015. But as Hochul increasing sought to stress her distance from Cuomo it became more apparent that she would ascend to the throne.

But the new governor promised to do things very differently than the man whom she replaced in her new role. “No one,” Hochul said, “will ever describe my administration as a toxic work environment.”

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