Where Can I Find Legal Marijuana In New York?

Cannabusiness

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January 23, 2023

Where Can I Find Legal Marijuana In New York?

The uncertainty surrounding for-profit license holder’s real estate has led to significant delays in them becoming operational.

New York has become the latest state to begin selling adult-use (recreational) cannabis. If that’s the case, then where can you buy it? Right now, you can buy it at Housing Works Cannabis Co. in NOHO or Smacked in Greenwich Village. Housing Works Cannabis Co. has had a busy start, with over 500 sales in the first few hours of opening (with up to 1,500 customers turned away at first day closing). Where can I find legal marijuana in NY?

For now, these are the only places you can buy legal cannabis for recreational use. But why, and when will other dispensaries open?

Despite there being illegal cannabis stands, shops and delivery operations scattered across NYC, only two adult-use dispensaries are operational. NYC also has a whopping 1,368 wine and liquor stores, 241 Starbucks stores, 100 7-11s, 221 Wendy’s, and 13 Krispy Kreme retailers. The operating dispensary is but one of thirty-six Conditional Adult-Use Dispensary Licenses that were approved in November of 2022, with more to come. Two more dispensaries, by the Doe Fund and Essential Flowers in Manhattan and Albany respectively, both hope to open within the next month.

smoking a joint — Photo by Domo Jiles / EyeEm/Getty Images

When the rest of these licensed dispensaries come online is uncertain, but many anticipate early to mid 2023. New York’s Office of Cannabis Management (OCM) has struggled to get operators online, with a focus on social equity over initial operation leading to some dispensaries potentially not opening until the summer tourist season.

Part of the reason only one dispensary has opened, the nonprofit Housing Works, is that NY’s Office of Cannabis Management (OCM) originally only allowed for nonprofit license holders to secure and build out their own dispensary space. While the OCM has since changed their mind, the for-profit license holders (28 of the 36 licensees) originally believed that they must have a site provided by and built out by the Dormitory Authority of the State of New York (DASNY). DASNY was tasked with securing and building out conditional dispensary locations in connection with the $200 million fund established to aid these conditional dispensaries (although it is unknown how much of this $200 million has actually been raised to date).

This uncertainty surrounding for-profit license holder’s real estate has led to significant delays in them becoming operational. With a population of over 8 million in NYC alone, an estimated 16% of NYC residents consume the most cannabis of any city, having consumed 77 metric tons in 2017 (before it was even legal). Throughout 2023, these 36 licensees are set to open up across Manhattan, Queens, the Bronx, Long Island, the Capital Region, the Southern Tier, North Country, Mohawk Valley, and Richmond. Wait, but what about Brooklyn?

A lawsuit involving the Conditional Adult-Use Dispensary application process (and its alleged favoring of NY applicants) has led to a court injunction preventing licenses from being issued in the Finger Lakes, Central New York, Western New York, Mid-Hudson, and Brooklyn regions. With any luck, an appeal by the OCM will allow licenses to be issued to all regions except the Finger Lakes.

We should see more dispensaries start to pop up across New York throughout this year, with the exception of the Finger Lakes, to who we give our deepest sympathies.

What Is The Difference Between Cannabis, Marijuana And Hemp

Cannabis

Tom Gaffey

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January 20, 2023

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What Is The Difference Between Cannabis, Marijuana And Hemp

Cannabis sativa is a universal and versatile plant, so it’s no wonder that it has been given so many names throughout history and the world.

There are many names attributed to the plant that is scientifically known as cannabis sativa. From weed, to hemp, cannabis and marijuana, this seven-pointed leaf plant has a list of aliases that seems to grow as quickly as the plant itself.

Many names linked to cannabis sativa refer to the same type of plant or product, but not all of these terms should be used interchangeably. In fact, cannabis, hemp and marijuana all refer to different products. It is critical to understand the difference as some of these products are fully legal while others are associated with possible felony offenses.

Many cannabis enthusiasts understand the difference between cannabis, hemp and marijuana, but “a third of Americans think hemp and marijuana are the same thing, according to the National Institutes of Health, and many people still search Google to find out whether cannabidiol — a cannabis derivative known as CBD — will get them high,” according to The Conversation.

marijuana powder — Photo by Catherine Falls Commercial/Getty Images

Cannabis

Cannabis is an umbrella term of sorts. The word cannabis is an abbreviated name that comes from cannabis sativa, its scientific plant name. “The word “cannabis” refers to all products derived from the plant Cannabis sativa,” according to the U.S. Department of Health and Human Services. This means hemp is a form of cannabis, and marijuana is also a form of cannabis.

Cannabis is a term that can be used scientifically, and is also used often when referring to the cultivation of both hemp and marijuana. When it comes to using the terms hemp and marijuana, however, there are more specific criteria involved.

Hemp

Hemp, by definition, is a form of the cannabis sativa plant that is cultivated for its tough bast fiber and edible seeds and oil. This fiber is what the term hemp often refers to. Industrial hemp, which is currently being cultivated in several areas in the United States with strict regulations thanks to the 2018 Farm Bill.

Although hemp’s defining attribute is its useful fibers, its most distinguishing difference from marijuana is its THC content. By law (the Farm Bill) and definition, hemp must contain no more than .3% THC. In other words, hemp is a great product for making fabrics and oil, but it will not get you high.

hemp CBD — Photo by Christin Hume via Unsplash

Marijuana

Marijuana comes from the same species of plant as hemp, but it is defined as “the psychoactive dried resinous flower buds and leaves of the female hemp or cannabis plant.” Marijuana is found on the female cannabis plants, and is located on the flowering buds it produces.

What distinguishes marijuana from hemp and the umbrella term “cannabis” is its THC content. In short, marijuana is the cannabis that gets you high. This means most nicknames for cannabis – like pot, weed and ganja all refer to marijuana, its buds and its psychoactive characteristics. This also means that marijuana is a term for an often still-illegal drug.

Although cannabis, hemp and marijuana may have different meanings, they are derived from the same type of plant. Cannabis sativa is a universal and versatile plant, so it’s no wonder that it has been given so many names throughout history and the world. After all, it seems it has as many uses as it has names.

Texas Poised To License More Low-THC Dispensaries

Green Market Report

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January 20, 2023

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Texas Poised To License More Low-THC Dispensaries

Under Texas law, only cannabis products with 0.5% THC by weight are legal, and there are just eight qualifying medical conditions that make patients eligible for MMJ in Texas.

By John Schroyer

Texas is poised to expand the size of its highly restrictive medical marijuana program, from just three dispensaries to a still-undetermined number, but the state is retaining its ban on full-fledged cannabis.

The Texas Department of Public Safety (DPS) announced in a press release on Monday that it is now accepting applications for more dispensaries, and the application window will remain open until April 28. More information on the selection process will be made available “at a later date,” the agency said.

“The department will issue only the number of licenses necessary to ensure reasonable statewide access to, and the availability of, low-THC cannabis for patients registered in the compassionate-use registry,” the agency said in its release.

texas capitol building — Photo by Ruben Reyes from Pexels

According to The Dallas Morning News, DPS regulatory services division chief Wayne Mueller said last month that a decision on license recipients will most likely be made by June or July this year.

The three currently operating dispensaries are all in central Texas, with two in Austin and a third in Schulenberg.

Under Texas law, only cannabis products with 0.5% THC by weight are legal, and there are just eight qualifying medical conditions that make patients eligible for MMJ in Texas.

As a result, there are only about 8,000 “active” medical cannabis patients in the state, which has some industry insiders in Texas worried that the customer base is still too low to support additional dispensaries, The Dallas Morning News reported.

“We think it’s closer to 100,000 total patients before we need to initiate another process for bringing on new licenses,” said Nico Richardson, acting CEO of Compassionate Cultivation in Texas.

There is a new push in the Texas Legislature to legalize full-potency medical marijuana, by Democratic state Sen. Jose Menendez of San Antonio, but it’s unclear what political chances the bill has.

This article originally appeared on Green Market Report and has been reposted with permission.

Woman Sues Neighbor Over Marijuana Odor

Benzinga Staff Writer

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January 19, 2023

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While anti-smoking groups are fighting to outlaw smoking in apartments and residential buildings, the question remains — is this fair for medical marijuana patients?

By Nina Zdinjak

As marijuana legalization spreads across the country, more and more people are freely enjoying smoking the plant in the comfort of their homes. Some are using it recreationally, others for medical purposes. Either way, secondhand smoke is affecting people. So, in this interesting time of Karens, there is a case where women sues neighbor over marijuana order, claims public nuisance.

Josefa Ippolito-Shepherd is one of them. She is bothered by the smell of cannabis coming from her neighbor’s house into her own. She claims cleaning doesn’t help, and anyone who’s been around weed knows the smoke can be powerful. So much so that the offending aroma affects her sleep and everyday life.

She tried asking her neighbor to stop lighting up indoors. Then she asked the landlord to evict the smoker but that didn’t happen.

Ippolito-Shepherd has lived in Cleveland Park, a residential neighborhood in DC, for 30 years, but claims the attack on it is ruthless, writes The Washington Post.

Until cannabis became legal, she had the option of calling the police and getting her neighbor busted. So what now? According to DC Council chair Phil Mendelson, the only thing she can do to resolve the issue is to undo the legalization of marijuana. That’s why Ippolito-Shepherd took the matter to court where she argued that the smell is a public nuisance.

The trial is considered the first of its kind to make it this far in District court.

“I have the right to breathe fresh air in my home,” Ippolito-Shepherd told The Washington Post before the trial. “I’m not talking about if I go to someone else’s house or a place people go to smoke pot. They have the freedom to do whatever. I just do not want to be invaded in my own home.”

While anti-smoking groups are fighting to outlaw smoking in apartments and residential buildings, the question remains — is this fair for medical marijuana patients? Where will they be allowed to use their medicine?

San Francisco Won’t Include Marijuana In Apartment Smoking Ban — Photo by Viktor Talashuk via Unsplash

To complicate matters, Brooke Hoots, an epidemiologist with the CDC, says that secondhand marijuana smoke contains the same cancer-causing toxins as secondhand tobacco smoke.

How can this be resolved to everyone’s benefit? No one knows, but one thing is certain: As more states embrace cannabis, similar lawsuits can be expected.

This article originally appeared on Benzinga and has been reposted with permission.

Yes, Marijuana Can Ease Motion Sickness And Here Are The Strains That Help

Medical Marijuana

Terry Hacienda

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January 19, 2023

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Yes, Marijuana Can Ease Motion Sickness And Here Are The Strains That Help

Medical marijuana is used to ease chemotherapy-induced nausea, and research has shown that it can help with motion-induced nausea as well.

One of the conditions that take the fun out of trips and journeys is motion sickness. Whether the journey is by sea, land, or air, motion sickness makes it unbearable for some people. And it can affect persons of any age, as both old and young suffer from it. Medications exist for motion sickness, but it does not work effectively for everyone. Marijuana can ease motion sickness, and here are the strains that help.

What is Motion Sickness?

Motion sickness occurs when conflicting messages are sent to your central nervous system, resulting in a confused brain. These conflicting messages could come from any of the senses (eyes, ears, nerves) in your body, as a result of the inability to properly detect movement.

For example, if your eyes cannot see the movement, it might send a signal that there is movement to your brain. If your other senses can feel the movement and send the information to your brain, it leaves the brain confused. Motion sickness can occur on a plane, car, train, as well as boat or ship, and it can turn what promised to be a fun trip into an absolute nightmare.

Types of Motion Sickness

There are three major types of motion sickness:

Air Sickness: This usually occurs when traveling in an aircraft, including airplanes, helicopters, gliders, parameters, and jets.
Car Sickness: This typically happens when you are moving in a vehicle on land, most likely a car.
Sea Sickness: Seasickness occurs on water, usually in boats or ships.

Categories of Motion Sickness

Motion sickness can be classified into three categories based on the source of the trigger:

Motion sickness that is triggered by motion that you cannot see but you can feel. In this case, while your nerves send the correct message to your brain, your eyes cannot do the same resulting in motion sickness.
Motion sickness that is triggered by motion that you can see but cannot feel. In this case, while your eyes send the correct message to your brain, your eyes cannot do the same resulting in motion sickness.
Motion sickness that is triggered when your auditory and visual systems detect different types of motion. In this case, they send different signals to the brain resulting in motion sickness.

Symptoms of Motion Sickness

The symptoms of motion sickness are usually not too serious, but can cause great uneasiness. The common symptoms of motion sickness include sweating, shortness of breath, drowsiness, nausea and vomiting, pale skin, and yawning. While the symptoms of motion sickness are not serious, regular occurrence of this condition results in more serious issues like a fear of travel.

Managing Nausea With Cannabis: What You Need To Know — Photo by elenaleonova/Getty Images

Who Is At Risk of Having Motion Sickness?

There are two classes of people that have the highest risk of suffering from motion sickness: pregnant women and children. Others can also stand a high risk of motion sickness if they are dealing with the following.

Anxiety and fear about traveling
Using an unfamiliar mode of traveling
Poor ventilation in the vehicle
Having no access to a window and being unable to see the motion.

How Cannabis Helps With Motion Sickness

In recent years, medical cannabis has been suggested by advocates as a possible remedy for motion sickness. Medical marijuana is used to ease chemotherapy-induced nausea, and research has shown that it can help with motion-induced nausea as well.

Two cannabinoids contained in cannabis, CBD and THC, are known to be active receptors in the human body. These cannabinoids reduce counter the release of the body chemicals that cause nausea, thereby easing the discomfort that comes with motion sickness.

Symptoms of Motion Sickness That Cannabis Tackles

Cannabis helps with motion sickness by treating the symptoms. Some of these symptoms include:

Headaches
Stress
Anxiety
Nausea and vomiting
Drowsiness

Best Cannabis Strains For Motion Sickness

Both Sativa and Indica strains work for motion sickness, albeit having different functionality. Indica strains helps you to relax while Sativa strains energize you. Below are some of the best cannabis strains for motion sickness.

Grand Master Kush: This is an Indica dominant strain that helps with anxiety, nausea, pain, stress as well as lack of appetite.

Blue Dream: This is another Indica dominant strain. Blue dream helps with uneasiness, stress, pain as well as nausea.

Sour Diesel: This is a Sativa dominant strain that eases migraine and stops nausea.

Super Haze Lemon: Super haze lemon is another Sativa dominant strain. It helps to ease anxiety and settle a troubled stomach.

Durban Poison: This is a Sativa dominant strain that helps with loss of appetite and nausea.

nausea motion sickness — Photo by Diy13/Getty Images

Best Means of Consuming Cannabis For Motion Sickness

Popular ways of consuming cannabis like smoking and vaping are not ideal for traveling. Apart from having high mechanical risk, smoking in public is bad etiquette. This is why it is important to explore other means of consuming cannabis when treating motion sickness. The best means of consuming cannabis for motion sickness include:

Tinctures: This form of cannabis is taken sublingually. Simply place a few drops of the cannabis under your tongue before the trip.

Topicals: This includes oils, balms, and lotions that can be rubbed on the body before the trip.

Edibles: This type of cannabis is consumed in oral form, such as gummies and cookies. Edibles can be eaten anywhere.

Transdermal Patch: This method involves the infusion of cannabis into the bloodstream.

Conclusion

Before you buy cannabis for your motion sickness, be sure to confirm that it’s legal in your state. Visit a cannabis-friendly doctor to provide you with a strain that is suitable for you.

This article originally appeared on Cannabis.net and has been reposted with permission.

This State Is Next In Line For Adult-Use Sales

Debra Borchardt

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January 18, 2023

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This State Is Next In Line For Adult-Use Sales

The challenge of the state’s industry will be to avoid some of the pitfalls that other states are experiencing.

Missouri is launching its legal adult-use cannabis sales on February 6. Last month on December 8, 2022, consumers were allowed to legally possess up to 3 ounces of marijuana, and the Department of Health & Senior Services began accepting requests for existing medical facility licensees to convert to a fully legal facility. Once approved, it is up to each dispensary to decide when it will begin selling adult-use cannabis.

According to industry analyst firm BDSA, adult-use sales of cannabis in Missouri will reach $277 million in its first year, with a total market revenue projection at $730 million for 2023. Currently, there are approximately 208,000 Missouri patients utilizing medicinal cannabis, which is about 3% of the state’s population. But the number of cannabis consumers in the state is expected to swell to 600,000 under adult use, roughly 10% of the population.

Jobs Jobs Jobs

According to MoCannTrade, the cannabis industry was responsible for one of every 10 new jobs created in Missouri in 2022. As adult sales commence early in 2023, cannabis businesses across Missouri will be expanding operations and hiring to meet the expected demand.

“There is no question that Amendment 3’s impact will be beneficial for Missouri workers. Swade alone anticipates its staffing needs will increase between 35-45% prior to recreational retail sale commencement,” said Jason Nelson, CEO of Swade Cannabis. “The coming 12 months will see an immense amount of growth in the industry, and that means adding a lot of new jobs for the state.”

Avoiding Pitfalls

While other mature states have faced issues with high taxation, falling prices, and slowing growth, Nelson thinks Missouri will avoid that.

“Missouri is in a unique position with regard to other states,” Nelson said. “We are launching an adult-use market in response to the voters’ wishes, indicating there is a built-in level of demand right at the start. There is typically a percentage of consumers reluctant to cannabis under a medical-only market that becomes less hesitant in an adult-use market, and we expect Missouri to be no different.

“The challenge of the state’s industry will be to avoid some of the pitfalls that other states are experiencing. Neighboring states inhabit circumstances that make cannabis tourism amongst bordering populations a viable prospect for Missouri. Whether compared to a significantly higher product tax rate in Illinois or neighboring states such as Kansas, Iowa, Nebraska, and Tennessee that have no representation under a regulated cannabis program, Missouri is well positioned to leverage a robust menu of high-quality cannabis products available at affordable prices.”

This article originally appeared on Green Market Report and has been reposted with permission.

What Is The Difference Between Hemp And Cannabis?

Cannabis
CBD

Astraea & Co

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January 18, 2023

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What Is The Difference Between Hemp And Cannabis?

Although hemp and cannabis are two different species, there’s an important legal difference between the two.

Hemp and cannabis are two totally different plants, right? Yes and no. Technically, hemp and cannabis are actually the two different species, from the same genus Cannabis (Family – Cannabaceae). They’re not classified as two different plants in a biological sense. Although science doesn’t fully distinguish between hemp and cannabis, the law does.

Hemp Vs. Cannabis

According to US law, hemp is defined as cannabis that contains 0.3% THC or less by dry weight.

Let’s back up for a second. THC, short for tetrahydrocannabinol, is a cannabinoid that can make you feel intoxicated — in other words, it makes you feel high. The other cannabinoids in hemp and cannabis plants don’t seem to be intoxicating.

That being said, because hemp contains 0.3% THC or less, it can’t make you feel intoxicated. It really is a small amount of THC.

Cannabis, however, contains more than 0.3% THC. You’ll find that most cannabis strains contain anywhere between 15% and 30% THC.

To summarize: hemp can’t make you feel intoxicated, while cannabis can.

growing marijuana — Photo by skodonnell/Getty Images

Why 0.3% THC?

As mentioned, biology doesn’t distinguish between hemp and cannabis. So who made up the 0.3% rule?

The definition was initially proposed by Ernest Small in his 1979 book, “The Species Problem in Cannabis: Science & Semantics.” Small pointed out that it’s difficult to define the difference between hemp and cannabis. He suggested we draw the line for THC content at 0.3% — but he actually acknowledged that it was an arbitrary rule himself.

However, the number went on to inform the legal definition of hemp in the United States. Various pieces of literature, including the Agricultural Act of 2018 (the so-called Farm Bill), used Small’s definition of hemp.

The legal difference between hemp and cannabis

We mention the Agricultural Act of 2018 because it was a pretty important piece of legislature. Also known as the 2018 Farm Bill, this Act went on to legalize hemp on a federal level.

Thanks to the 2018 Farm Bill, it became legal to cultivate and process hemp throughout the United States. The Bill made it possible for companies to produce and sell hemp-based products, including hemp-based CBD products, hemp seed products, hemp milk, hemp textiles, hemp bioplastics, building materials and more.

Note: Cannabis that contains over 0.3% THC isn’t federally legal, although it is legal in some states.

So, although hemp and cannabis are two different species, there’s an important legal difference between the two.

What about other cannabinoids?

Hemp and cannabis can both contain CBD and other cannabinoids. You’ll find that certain strains are bred to contain more of one compound, or terpene profile, than others. Some growers grow for full spectrum plants, or separately, they specifically cultivate for a target compound, such as high-CBD, high-CBG, or high-CBN strains.

However, for a cannabinoid product to be legal throughout the United States, it needs to be derived from hemp. Our wellness products are hemp-based and thus fully legal — which is why we’re able to ship our products all over the United States, and even globally.

This article originally appeared on Astraea.co and has been reposted with permission.

Biden Includes Marijuana Reform On MLK Day

Maria Loreto

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January 17, 2023

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Biden Includes Marijuana Reform On MLK Day

“I’m keeping my promise,” said Biden. “No one—I’ll say it again—no one should be in federal prison for the mere possession of marijuana. No one.”

President Joe Biden celebrated Martin Luther King Jr. Day by delivering a speech on equal justice, civil rights, and more. He made it clear that marijuana reform is a part of his plan, and a necessary step in order to have “equal rights.”

Biden spoke at the national annual MLK breakfast, hosted by the National Action Network (NAN). He was introduced by Reverend Al Sharpton.

https://www.youtube.com/watch?v=NMZg3pKzBK4&t=2070s

“I’m keeping my promise,” said Biden. “No one—I’ll say it again—no one should be in federal prison for the mere possession of marijuana. No one.”

Aside from decriminalizing marijuana, Biden also emphasized expunging the records of those in prison for weed possession. “In addition to that, they should be released from prison and completely pardoned and their entire record expunged so that if they have to ask, ‘Have you ever been [convicted], you can honestly say, ‘No.'”

Back in October, Biden issued marijuana pardons that became one of the biggest steps forward for marijuana reform and legislation. Despite their unprecedented existence and the fact that he encouraged governors and other state leaders to follow in his footsteps, these pardons are still not enough to expunge the records of many people that have been imprisoned due to marijuana possession.

Following the pardons, many advocacy groups called for an expansion of these benefits, hoping to have these reach more people and protect them from further crimes associated with marijuana. In November, over 130 advocacy groups banded together in order to push Biden to extend these benefits and include immigrants.

Joe Biden — Photo by Drew Angerer/Getty Images

“Moving forward, we urge you to ensure that every step taken to remedy racial injustice includes relief to impacted immigrant communities,” reads a draft letter that was sent to Biden’s administration. “In particular, we urge you to extend protection to all immigrants, regardless of immigration status, and to take necessary steps to ensure that immigrants do not suffer negative immigration consequences from marijuana convictions.”

For the time being, Biden’s pardon only extends relief to US residents and citizens that have been charged with simple possession convictions. Those who’ve been charged with selling cannabis don’t fall under this spectrum.

EVALI Could be Caused By Weed With THC-O Acetate

Benzinga Staff Writer

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January 17, 2023

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EVALI Could be Caused By Weed With THC-O Acetate

THC-O acetate has some structural similarities with vitamin-E acetate. Both substances when heated in a vape pen produce a “highly potent lung toxicant” ketene – a likely cause of EVALI.

By Nina Zdinjak

Remember the 2019-2020 outbreak of EVALI lung disease that hospitalized thousands of people and killed nearly 70 people? What sickened people at the time was vitamin-E acetate, an additive often found in unlicensed vape cartridges.

Now, a new study published in the Journal of Medical Toxicology warns about THC-O acetate, a potent psychoactive cannabinoid derived from hemp saying it could potentially cause EVALI lung disease when vaped or smoked, first reported Cal NORML.

vaping — Photo by Ruslan Alekso via Pexels

Products with THC-O acetate, which has not been tested for safety in humans, and is believed to be three times more potent than delta-9 THC, are being advertised online and sold on the black market.

RELATED: What Is THC-O And Is It Legal?

THC-O acetate has some structural similarities with vitamin-E acetate, per the report. Both substances when heated in a vape pen produce a “highly potent lung toxicant” ketene – a likely cause of EVALI. The study authors noted that toxicity can be acute or chronic, depending on the dose and duration.

“Cal NORML strongly advises consumers to avoid hemp products with psychoactive cannabinoids, especially novel ones stronger than THC, whose safety is particularly suspect,” Cal NORML wrote.

“CBD products may be safely obtained from state-registered industrial hemp product manufacturers, whose products must be tested for safety and cannabinoid content. Under state law, hemp products should have a batch number and label as well as a website, QR code or barcode that links it to lab results providing the levels of cannabinoids, total THC and presence of contaminants. The results will also have the address and phone number of the manufacturer. Violations can be reported to CDPH.”

This article originally appeared on Benzinga and has been reposted with permission.

Federal Cannabis Sentences Drop Substantially Since 2014

Debra Borchardt

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January 17, 2023

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Federal Cannabis Sentences Drop Substantially Since 2014

While Federal possession cases are falling, prior cannabis convictions are tipping the scales to longer sentences according to a new report.

A new report issued by the U.S. Sentencing Commission found that the number of federal cannabis possession sentencings dropped substantially in recent years, from 2,172 in the fiscal year 2014 to only 145 offenders in the fiscal year 2021. For the 70.1% of cannabis possession offenders who received a sentence of imprisonment in the last five fiscal years, the average prison sentence imposed was five months.

Unfortunately, the report also noted that prior cannabis possession sentences added to an incarcerated person’s criminal history points resulting in longer sentences.

The report entitled Weighing the Impact of Simple Possession of cannabis: Trends and Sentencing in the Federal System was last issued in 2016 and was updated for the fiscal year of 2021 as many states have decriminalized possession.

marijuana arrest — Photo by Tetiana Strilchuk/Getty Images

Possession Still Illegal in 12 States

As of the end of the fiscal year 2021, the report stated that possession of cannabis remained illegal for all purposes in 12 states and territories. In nine states and territories, possession of cannabis is permitted solely for medical purposes. In the 14 states and territories that have decriminalized cannabis, possession of a small quantity of cannabis remains a violation of law, but it is subject to a fine with no possibility of incarceration. An additional 21 states and territories have legalized the possession of small quantities of cannabis for personal use, eliminating all penalties.

Federal Cases Fall

The report said that there was a steep rise in sentencings between fiscal years 2008 and 2013, however, the number of cannabis possession sentencings declined steadily from 1,916 in the fiscal year 2014 to just two cases in the fiscal year 2021 in Arizona. That state had led the country in Federal possession cases. Across all judicial districts, the overall number of cannabis possession sentencings followed the same pattern, declining from a high of 2,172 in the fiscal year 2014 to a low of 145 in the fiscal year 2021. Meanwhile, the number of offenders sentenced for simple possession of all other drug types remained steady across both study periods.

Incarceration Times Drop

Despite improvements in legalization, many offenders are still receiving some jail time. During the last five fiscal years, the report stated that most cannabis possession offenders (70.1%) were sentenced to a term of imprisonment, while 29.9% were sentenced to either probation or a fine only. “For those who received a sentence of imprisonment, the average prison sentence imposed was five months. Due to the relatively short average prison sentences for cannabis possession offenders, no one sentenced for simple possession of cannabis in the last five years was in Federal Bureau of Prisons (BOP) custody as of January 2022.” As of January 2022, 19 offenders were serving time for simple possession of cannabis plus another offense.

The data showed that Federal offenders sentenced for cannabis possession in the last five fiscal years tended to be male (85.5%), Hispanic (70.8%), and non-U.S. citizens (59.8%). A little over two-thirds (70.1%) were sentenced to prison and the average prison sentence imposed was five months. As of January 2022, no offenders sentenced solely for simple possession of cannabis remained in the custody of the Federal Bureau of Prisons.

Criminal History Points

While Federal possession cases are falling, prior cannabis convictions are tipping the scales to longer sentences according to the latest report. In sentencing guidelines, prior convictions can add points to a person’s profile. More points can push them into a higher sentencing category. So even though cannabis is increasingly seen as a minor offense, the prior conviction can result in a longer sentence if the person has other offenses.

The report stated, “In fiscal year 2021, 4,405 federal offenders (8.0%) received criminal history points under the federal sentencing guidelines for prior cannabis possession sentences. The criminal history points assigned under the federal sentencing guidelines for prior cannabis possession sentences resulted in a higher criminal history category for 1,765 of the 4,405 offenders (40.1%).”

Nearly all (97.0%) of the prior cannabis possession sentences were for state convictions, some of which were from states that have changed their laws to decriminalize (22.2%) or legalize (18.2%) cannabis possession, states that allow for expungement or sealing of cannabis possession records (19.7%), or some combination thereof. “Prior sentences for cannabis possession from these states resulted in higher criminal history calculations under the federal sentencing guidelines for 695 offenders. prior cannabis possession sentences resulted in a higher chc for 40.1% of federal offenders with such sentences in FY21.”

Of the 1,765 offenders whose criminal history category was impacted by a prior cannabis possession sentence, most were male (94.2%), U.S. citizens (80.0%), and either Black (41.7%) or Hispanic (40.1%).

Digging into the crime data for those offenders who saw their sentences increase as a result of prior cannabis convictions, not surprisingly drug trafficking was the most common crime type (38.0%) among the fiscal year 2021 offenders with a cannabis prior conviction. This was followed by firearms (28.9%) and immigration offenses (18.2%). Most of the 1,765 offenders whose criminal history category was impacted by prior cannabis possession sentences were male (94.2%), U.S. citizens (80.0%), and either Black (41.7%) or Hispanic (40.1%).

This article originally appeared on Green Market Report and has been reposted with permission.

The Fresh ToastThe most trusted name in cannabis

The uncertainty surrounding for-profit license holder’s real estate has led to significant delays in them becoming operational.

Cannabis sativa is a universal and versatile plant, so it’s no wonder that it has been given so many names throughout history and the world.

Cannabis

Hemp

Marijuana

Under Texas law, only cannabis products with 0.5% THC by weight are legal, and there are just eight qualifying medical conditions that make patients eligible for MMJ in Texas.

While anti-smoking groups are fighting to outlaw smoking in apartments and residential buildings, the question remains — is this fair for medical marijuana patients?

Medical marijuana is used to ease chemotherapy-induced nausea, and research has shown that it can help with motion-induced nausea as well.

What is Motion Sickness?

Types of Motion Sickness

Categories of Motion Sickness

Symptoms of Motion Sickness

Who Is At Risk of Having Motion Sickness?

How Cannabis Helps With Motion Sickness

Symptoms of Motion Sickness That Cannabis Tackles

Best Cannabis Strains For Motion Sickness

Best Means of Consuming Cannabis For Motion Sickness

Conclusion

The challenge of the state’s industry will be to avoid some of the pitfalls that other states are experiencing.

Jobs Jobs Jobs

Avoiding Pitfalls

Although hemp and cannabis are two different species, there’s an important legal difference between the two.

Hemp Vs. Cannabis

Why 0.3% THC?

The legal difference between hemp and cannabis

What about other cannabinoids?

“I’m keeping my promise,” said Biden. “No one—I’ll say it again—no one should be in federal prison for the mere possession of marijuana. No one.”

THC-O acetate has some structural similarities with vitamin-E acetate. Both substances when heated in a vape pen produce a “highly potent lung toxicant” ketene – a likely cause of EVALI.

While Federal possession cases are falling, prior cannabis convictions are tipping the scales to longer sentences according to a new report.

Possession Still Illegal in 12 States

Federal Cases Fall

Incarceration Times Drop

Criminal History Points

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