Americas

Global business and regulatory news covering the cannabis industry

19th November 2024

How might newly elected US governors approach cannabis laws in their states?

19th November 2024

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Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations

19th November 2024: US - Federal: Senate Democrats on the Committee on Agriculture, Nutrition, and Forestry have released a draft of the Farm Bill that would introduce changes to federal hemp laws and eliminate most intoxicating hemp-derived cannabinoid (IHDC) products. The bill proposes a change to how hemp is defined. Currently, hemp is federally legal if it contains no more than 0.3% delta-9 THC by dry weight. The new bill would revise this by requiring hemp to be tested for “total THC” content, which includes cannabinoids like delta-8 THC and tetrahydrocannabinolic acid (THCA), rather than only delta-9 THC. The draft bill introduces a definition for “industrial hemp”, which includes fibre, stalks, grain, oil, seeds and other components of the plant that “will not be used in the manufacturing or synthesis of natural or synthetic cannabinoid products”.
14th November 2024: Brazil: The Superior Court of Justice has unanimously decided to authorise the import of seeds, cultivation, industrialisation and commercialisation of cannabis plants of up to 0.3% THC for medical, pharmaceutical or industrial purposes, press reports. The decision is binding, and the National Health Surveillance Agency (Anvisa) and the federal government have six months to issue regulations. Hemp is currently prohibited in Brazil.
14th November 2024: US - Texas: A number of bills have been introduced that would expand the medical cannabis programme in Texas. Senate Bill (SB) 170 proposes replacing the term “low-THC cannabis” with “medical cannabis” in state law. It would also introduce new regulations on product testing, packaging, labelling, statewide retail locations, caregivers and other aspects of the expanded programme. SB 259 would also expand the state’s medical cannabis programme by allowing medical professionals and scientific research to determine the conditions and symptoms eligible for prescriptions. House Bill (HB) 1146 would expand the list of qualifying conditions, enabling patients to access Texas’s low-THC medical marijuana to treat “a condition that causes chronic pain, for which a physician would otherwise prescribe an opioid”. House Joint Resolution (HJR) 70 proposes a constitutional amendment that would direct the legislature to “authorise and regulate the possession, cultivation, and sale of cannabis for medical use in this state”.
14th November 2024: US - Texas: House Bill (HB) 1113, which would control the production and regulation of hemp in Texas, has been introduced. The bill would further establish a permit that would be required of hemp researchers and would create a criminal offence for cultivating hemp without a licence.
14th November 2024: US - Texas: A number of bills have been introduced relating to recreational cannabis. House Bill (HB) 1208 would legalise recreational cannabis and establish a regulated market for its production and sale in the state. If passed, the bill would allow licensed businesses, or “cannabis establishments”, to grow, process, test and sell cannabis products within Texas, while adults (21+) would be permitted to possess and use cannabis legally, with the limit set at 2.5 oz of dried flower and 15 g of concentrates. HB 848 would expand the state’s criminal code around cannabis possession and delivery to include “marihuana concentrate”.
12th November 2024: Brazil: The Supreme Court will decide whether the National Health Surveillance Agency (Anvisa) exceeded its powers when it banned the sale of medical cannabis-based products in compounding pharmacies by creating a distinction between compounding and non-compounding pharmacies not provided by law. An Anvisa decision stipulated that sales could only take place in non-compounding pharmacies and drugstores, as it is a psychotropic substance subjected to special control. The process has yet to be defined.
11th November 2024: US - Ohio: Senate Bill (SB) 326, which would ban the sale of intoxicating hemp products in Ohio, has been introduced. SB 326 would define intoxicating hemp products as containing more than 0.5 mg of delta-9 THC per serving, 2 mg of delta-9 THC per package, or 0.5 mg of total non-delta-9 THC per package. The bill states that this act is an emergency measure “to protect Ohioans, especially Ohio’s youth, from untested, unregulated dangerous tetrahydrocannabinol (THC) products”, and would therefore go into immediate effect.
6th November 2024: US - South Dakota: South Dakota voters rejected measure 29, which would have legalised recreational cannabis in the state, with 57% casting ballots in opposition. The 2024 election marks South Dakota’s third attempt to legalise adult-use cannabis. With measure 29’s failure, the state will remain a medical cannabis-only state.
6th November 2024: US - Nebraska: Nebraska voters supported a pair of statutory initiatives to legalise medical cannabis and establish regulations for the industry, with 71% and 67% majorities. Measure 437, which aims to shield medical cannabis patients from penalties for possessing and using cannabis when they have a written recommendation from a healthcare practitioner, as well as to shield prescribing doctors, was favoured by 71% of voters. Additionally, with 67% support, measure 438 aims to establish the Nebraska Medical Cannabis Commission and require it to promulgate regulations for the production and distribution of medical cannabis.
6th November 2024: US - North Dakota: Measure 5, which would have legalised recreational cannabis, failed to gain majority support for the third time in six years. Voters rejected the initiative, with 52.5% casting ballots in opposition to adult-use legalisation. Two years ago, a similar measure was rejected, and another attempt in 2018 also failed. Sponsored by New Economic Frontier (NEF), the measure intended to allow adults aged 21 and older to possess up to 1 oz of cannabis and establish a regulated adult-use marketplace for licensed businesses to provide tested products to consumers.
6th November 2024: US - Florida: Amendment 3, which would have legalised recreational cannabis in the state, failed to get the required 60% voter support. The initiative received around 55.9% support, while 44.2% of voters opposed it, as reported by the Florida Division of Elections. Amendment 3 aimed to allow anyone 21 years or older to purchase and possess personal amounts of cannabis from licensed dispensaries. “Tonight, a strong majority of Floridians voted in support of legalizing recreational marijuana for adults,” stated the Smart & Safe Florida campaign. The statement added that although Amendment 3 didn't meet the 60% threshold, they look forward to collaborating with state leaders on decriminalising recreational cannabis for adults, addressing public consumption, child safety, and home grown access.
5th November 2024: US - Federal: Today, voters in Florida, North Dakota and South Dakota will vote on ballot initiatives to legalise recreational cannabis in their states while those in Nebraska will vote on medical cannabis measures. The election represents the third time that voters in both North Dakota and South Dakota will decide on this issue. Meanwhile, in Nebraska, voters will vote on a pair of measures that would legalise medical cannabis and establish regulations for the industry.

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