This week in review the US First Circuit of Appeals Court has ruled that blocking non-residents from licensing a medical dispensary is unconstitutional, the Southern Hemp Expo took place in Nashville, TN, and the Department of Transportation has proposed guidance for medical examiners that will be medically certifying driver to include language about CBD. Audio player included below for those on the go.
A court of appeals decision for the US First circuit could have major implications for the marijuana industry nationally.
A decision from the court ruled that the state’s decision to bar out of state operators and nonresidents from owning a cannabis business in the state, was unconstitutional. The court affirmed that the Constitution’s Dormant Commerce Clause was in play. The clause, which is meant to prevent states from enforcing laws that unduly restrict interstate commerce unless given specific instruction from Congress, applies to the marijuana industry. And that it applies to the matter regardless of ongoing federal cannabis prohibition.
Learn how to become a medical cannabis patient in Texas
The court noted that Congress has “acknowledged the existence of a market in medical marijuana” through a bill rider which bars the Justice Department from using its funds to interfere in state-legal medical cannabis markets. The ruling notes that “congressional action in the wake of the CSA reflects that Congress contemplates both that an interstate market in medical marijuana may exist that is free from federal criminal enforcement and that, if so, this interstate market may be subject to state regulation.”
Advocates in other legal states now wonder if Maine’s residency requirement violates the Dormant Commerce Clause as an unconstitutionally protectionist policy, could the same be argued about state laws that create a priority for licensing under a social equity program. Many of these programs rely on residency to work.
Learn how to become a medical cannabis patient in Texas
The Southern Hemp Expo abbreviated as SHE4 took place this past week in Nashville, TN.
The 4th annual expo took place from August 18th to 20th at The Fairground Nashville.
Vendors, advocates, businesses looking to enter the space and many more were in attendance over the 3 days. The event saw a gathering of multiple facets of the growing hemp industry in the US. SHE4 gathered visitors coming in from various states to discuss business and learn more about the industry.
Speakers included but not limited to Joy Beckerman of Hemp Ace International, Texas Cannabis Attorney Richard Cheng of Weaver Johnston Nelson, PLLC, a nd Texas lab founder James Johnson of JJGRO Enterprises. The Next event coming up from founder Morris Beagle will be NOCO in Colorado Springs at the end of March in 2023. Be on the lookout for our podcast episode 50 which was recorded live at SHE4.
Read more about Delta-8 in Texas
The U.S. Department of Transportation is proposing new guidance for commercial truck drivers and CBD usage.
The department is currently seeking public comment until September 30th.
The current Federal Motor Carrier Safety Administration (FMCSA) handbook says that drivers aren’t prohibited legal CBD products. But it cautions examiners that its use could still cause problems with physical exam certifications.
Read more about Delta-8 in Texas
Part of the concern is that because there is no current FDA regulation/oversight, products labeled as CBD only may not be what they claim. With that in mind, the guidance states that mislabeling is not a valid excuse for a failed drug test. Even with proper labeling, someone using a product with under 0.3% has a possibility of positive screening. The agency proposes this change along with one from 5 months ago. One that would change the screening method to saliva to reduce false positives.
Advocates may have their eye on this as the current Secretary of Transportation is Pete Buttigieg. Buttigieg’s presidential bid in 2020 contained rhetoric of the harms of prohibition. As well, calling for the end of prohibition on drugs. But he has yet to take steps to update DOT marijuana policy since taking his current position.