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Daily regulatory updates of legal changes in the cannabis sector, including monthly compilations
1st June 2023
US – federal: Representatives Matt Rosendale (Montana Republican) and Chrissy Houlahan (Pennsylvania Democrat) have introduced HR 3755, the Industrial Hemp Act, a House companion to a Senate version, S980, previously introduced by senators Jon Tester (Montana Democrat) and Mike Braun (Indiana Republican). Among other provisions, the bipartisan bill aims to exempt industrial hemp from certain requirements under the hemp production programme, and to create a distinction between “industrial hemp” and “hemp for any purpose”, covering crops cultivated to extract cannabinoids such as CBD.
1st June 2023
US - Nevada: Senate Bill 277 has been passed by the Senate and now heads to the House. The bill aims to ease adult-use cannabis regulations by increasing the authorised possession, delivery, and production limits for over-21s from 1 oz to 2.5 oz of cannabis and from an eighth of an ounce to a quarter of an ounce for concentrated cannabis. It would also remove the prohibition on selling more than 1 oz of cannabis per transaction at medical cannabis dispensaries. And it would direct the Cannabis Advisory Commission to conduct a study on the potential effects of state and federal rescheduling of cannabis.
1st June 2023
US - Oklahoma: Senate Bill 813 has been signed into law by governor Kevin Stitt, allowing the Oklahoma Medical Marijuana Authority to operate a quality assurance laboratory or to contract with a private laboratory on certain conditions.
1st June 2023
US - California: Assembly Bill 374, which would allow local jurisdictions to permit cannabis retailers or micro-businesses to engage in other business activities on premises where cannabis consumption is authorised, has been passed by the Assembly and now heads to the Senate. The bill would allow the preparation and sale of non-cannabis food and non-alcoholic beverages, as long as they complied with the California Retail Food Code, as well as hosting and selling tickets for live musical or other performances.
1st June 2023
US - California: Assembly Bill 420 has been passed by the Assembly and now heads to the Senate. It would make clear that the Medicinal and Adult-Use Cannabis Regulation and Safety Act does not prohibit a licensee from manufacturing, distributing or selling products that contain industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp, as long as the product complies with all applicable state regulations.
31st May 2023
- US - Federal: In response to the Food and Drug Administration (FDA)'s recent webinar on CBD regulation, the US Hemp Roundtable wrote to congressional leaders to criticise the agency's reliance on incomplete safety data. The industry group claims that the FDA's refusal to regulate CBD as a dietary supplement or food additive is based on high-dose pharmaceutical studies and disregards the growing evidence of CBD's safety at lower amounts commonly found in retail products.
31st May 2023
- US - Minnesota: Minnesota has become the 23rd state to legalise adult-use cannabis. Governor Tim Walz signed House File 100 into law, allowing individuals aged 21 and over to use cannabis. The law includes automatic expungement of low-level cannabis convictions and establishes regulations for cultivation, manufacturing, and sales through licensed businesses. Starting 1st August, adults can possess, use, and grow cannabis at home.
30th May 2023
US - federal: The US Food and Drug Administration (FDA) has expressed a preference for a harm reduction approach to products containing CBD, rather than seeking to eliminate their use, press reports. While the agency’s cannabis expert Norman Birenbaum emphasised the need for regulatory certainty, officials acknowledged in a recent FDA webinar that resolving safety concerns and establishing a legal framework for CBD products will take significant time.
29th May 2023
- Canada: The Competition Bureau presented its submission to Health Canada and the Expert Panel in response to their legislative review of the Cannabis Act. The Bureau recommends three evidence-based measures to enhance competition in the Canadian cannabis industry: reviewing licensing processes and regulatory compliance costs, adjusting THC limits on edible cannabis products, and easing restrictions on promotion, packaging, and labelling. These recommendations aim to foster innovation, provide consumers with more choices and quality, displace the illicit market, and prioritise public health and safety.
29th May 2023
- US - New York: The New York Office of Cannabis Management (OCM) is developing a pilot programme for cannabis farmers' markets, aimed at facilitating the sale of locally grown cannabis products. The programme, called "New York Cannabis Growers Showcase", is expected to allow a minimum of three growers to partner with one licensed retailer to host farmers' market-style events. On-site consumption and the sale of alcohol will be initially prohibited. The initiative intends to increase access to legal cannabis products while the state works on expanding licensed storefronts. The OCM is finalising the programme's rules, and its launch is expected within a month.
29th May 2023
- US - Maryland: State officials have unveiled draft regulations for the state's adult-use cannabis market, scheduled to begin on 1st July following the enactment of House Bill 556. The proposed rules encompass key areas such as definitions, possession limits, licensing procedures (with a focus on social equity applicants), enforcement protocols, packaging and labelling requirements, delivery services, THC limits, advertising guidelines, and cannabis research. The regulations aim to facilitate the transition of existing medical cannabis businesses into the adult-use sector mainly through dual-licensing. The emergency regulations are currently undergoing review by the Joint Committee on Administrative, Executive, and Legislative Review (AELR), and their implementation will be dependent upon approval by the AELR Committee and publication in the Maryland Register.
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