Researchers could have access to retail cannabis as part of the infrastructure bill passed in the Senate last week.

What does marijuana have to do with infrastructure? Well, nothing, sort of. The provision included in the bill would require the US transportation secretary to develop a public report on the risk of cannabis-impaired driving within two years. As part of creating that report, researchers would have access to high-quality cannabis from state-approved dispensaries.

Scientists studying marijuana have been limited to notoriously poor-quality cannabis from the government-run research facility out of the University of Mississippi. The provision in the infrastructure bill would enable researchers to study the actual marijuana that people are consuming.

Additionally, the public report must include advice to lawmakers on how to set up a “national clearinghouse to collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a state on a retail basis.”

In states that haven’t legalized either medical or recreational marijuana, this clearinghouse would ensure scientists’ access to high-quality cannabis from dispensaries in legal states.

If the new marijuana reform rules pass, states with legal medical or recreational marijuana would be required to develop programs to “educate drivers regarding the risks associated with marijuana-impaired driving” and “to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.”

Senator John Hickenlooper (D-CO) sponsored the marijuana reform amendment that was included in the infrastructure bill.

“Colorado led the way on marijuana legalization,” Hickenlooper said in a press release. “The federal government needs to catch up by lifting outdated restrictions on the scientific study of cannabis so we can prevent driving while high.”

The Senate approved the infrastructure bill containing the marijuana reform provision by a 69-30 vote. Next, the bill will go to the House for approval before heading to President Biden’s desk for his signature.

New hemp-derived CBD regulations in Colorado

The Colorado Department of Public Health and Environment (CDPHE) has finalized state testing requirements for hemp. The new regulations take effect on October 1 and include all hemp-derived goods intended for human consumption, including hemp-infused CBD products.

“We don’t want to burden the industry,” Jeff Lawrence, CDPHE director of environmental health and sustainability, told Westword. “But what we’ve learned is that there are things in hemp products that we obviously need to be considerate of. Since the inception of hemp, Colorado has been a leader in this industry. This will provide some better guidance.”

Testing will screen for things like pesticides, heavy metals, and residual solvents.

Hemp-infused products like foods, drinks, nutritional supplements, cosmetics, and pet products will be subject to the new testing requirements. Industrial hemp products like textiles, fuel, and building materials, are excluded from the testing requirements. Hemp-derived smokable products, including those with modified cannabinoids like Delta-8 THC, are also excluded from the new regulations.

“Ultimately, this is a public-health issue. In 2018, when, statutorily, these products were allowed, we said it would be treated like every other food and dietary supplement requirement,” Lawrence said.

DEA-approved medical marijuana research facility coming to Denver

A Denver-based marijuana research and cultivation firm received approval from the Drug Enforcement Agency (DEA) to begin federally-approved medical marijuana studies.

The research license will allow MedPharm to study all of the molecules known to be made by the cannabis plant—more than 400 so far. The company will also be studying the interaction between phytocannabinoids and different brain cells.

“Access to the diversity of chemicals produced by cannabis has never been greater, and we are excited to unlock the medical potential of these compounds,” said Dr. Tyrell Towle, MedPharm’s director of chemistry and research.

Although MedPharm is licensed to grow medical marijuana for research purposes at the city and state levels, they’re still waiting on the DEA to approve federal licensing. That means that the company won’t be using its own marijuana for research. Currently, the University of Mississippi is the only federally licensed medical marijuana research supplier.

Colorado Cannabis Business Office focuses on social equity

Governor Jared Polis announced the creation of a new office aimed at supporting cannabis businesses and promoting social equity.

The Cannabis Business Office (CBO) was created as part of a bill passed earlier this year. $4 million was set aside for the program for the 2022-’23 fiscal year from the state Marijuana Tax Cash Fund.

According to the CBO, the office will:

“This office will offer tools like technical help and improve access to money for businesses. Where the federal government has fallen behind, Colorado will lead. Colorado is, and always has been, the best place to live, work, grow and sell cannabis,” Polis said in a press release.

Surgeon General supports marijuana decriminalization

During an interview with CNN, US Surgeon General Vivek Murthy, MD, said that he thinks it’s time to stop incarcerating people for marijuana.

“When it comes to decriminalization, I don’t think that there is value to individuals or to society to lock people up for marijuana use. I don’t think that serves anybody well.”

Murthy was commenting on new draft legislation to repeal federal marijuana prohibition introduced by Senate Majority Leader Chuck Schumer (D-NY) last week.

“In terms of our approach to marijuana, I worry when we don’t let science guide our process and policymaking and as Surgeon General that’s my role, is to work with policymakers who work with members in the community and the general public to help people understand what science tells us and where you gaps, to help fill those gaps with research and with honest inquiry.”

MMJ patient sues Governor Polis over new medical marijuana regulations

In June, Colorado Governor Jared Polis signed House Bill 1317, which added a host of new restrictions to the state’s medical-marijuana program.

Under the new law, physicians must prescribe a THC dosage amount and method of consumption and refer the patient for medical and mental health reviews. In addition, all medical marijuana purchases must be entered into a new tracking system, and patients are limited as to the amount of medical marijuana concentrate they can purchase.

Proponents of House Bill 1317 said the legislation was aimed at curbing youth use of marijuana concentrates.

“The reality is that it’s too easy for Colorado’s youth to access high-potency marijuana when they shouldn’t be able to, and we don’t have the full picture of how these products impact the developing brain,” Garnett said at the bill signing. “This law will help educate consumers about high-potency cannabis, and it will advance critical research that will give us a better understanding of how high-potency products impact developing brains,” said House Speaker Alec Garnett, who introduced the legislation.

However, medical marijuana advocates feel that the new law adds unnecessary hurdles for patients and physicians.

Benjamin Wann, a nineteen-year-old medical marijuana patient who uses cannabis to treat seizures, is suing the governor over the new restrictions. Wann and his parents, Amber and Brad, say that the governor and legislators failed to include the medical marijuana community in their policymaking.

“Polis didn’t have a conversation with us. We reached out, and had a rally in front of his office after it passed. I don’t know of anyone in the community who he had a conversation with, especially those of us who just passed that other bill,” Brad told Westword.

The Wann family was with the governor on May 6 as he signed a bill into law that expanded medical marijuana access to underage patients in public schools.

“We’ve seen a roller-coaster effect over the years with Benjamin having seizures. People keep saying [marijuana] is so bad for the developing brain, and here’s Benjamin, and we’ve literally seen him flourish and grow from it,” Amber said.

Denver receives first marijuana delivery application

In April, the Denver City Council passed a bill to (finally) allow marijuana delivery and consumption lounges in the city. Now, the City of Denver has received its first application for a marijuana delivery permit.

“We are kind of accustomed to getting everything delivered. Our groceries, our medicine, our clothing, our basic needs. So now this is just one thing we can deliver and provide that type of service,” said Dooba owner Karina Cohen.

The same restrictions that apply to purchasing cannabis in a dispensary will apply to the new delivery service. Cannabis delivery will only be available to a residential address to a person with a valid ID. Purchases will be limited to one ounce of flower, 8 grams of concentrate, or edibles containing 800 milligrams of THC.

Instead of cheering for U.S. track sensation Sha’Carri Richardson later this month during the Tokyo Olympics, Americans won’t be able to see the 21-year-old compete at all.

Richardson dusted the competition in the women’s 100-meter race at the U.S. Olympic Track and Field Trials in Eugene, Oregon. However, following her qualifying race, Richardson tested positive for THC. According to the U.S. Anti-Doping Agency (USADA), the positive test disqualified her from competing—despite zero evidence that marijuana enhances athletic ability. Plus, Richardson used cannabis in Oregon, a state where it’s legal.

“Richardson’s competitive results obtained on June 19, 2021, including her Olympic qualifying results at the Team Trials, have been disqualified, and she forfeits any medals, points, and prizes,” a statement from the USADA said.

Richardson was banned for 30 days, which means she’ll miss the 100-meter race in Tokyo. There was some hope that she would still run during the women’s 4×100-meter relay, but she wasn’t on the roster released by USA Track and Field (USATF).

“First and foremost, we are incredibly sympathetic toward Sha’Carri Richardson’s extenuating circumstances and strongly applaud her accountability — and will offer her our continued support both on and off the track,” a statement from officials at USATF said.

“While USATF fully agrees that the merit of the World Anti-Doping Agency rules related to THC should be reevaluated, it would be detrimental to the integrity of the U.S. Olympic Team Trials for Track & Field if USATF amended its policies following competition, only weeks before the Olympic Games.

There has been widespread criticism of disqualifying Richardson, including a petition signed by more than half a million people to allow Richardson to compete.

Members of the House Subcommittee on Civil Rights & Civil Liberties sent a letter calling on officials to reverse the ban.

“We urge you to reconsider the policies that led to this and other suspensions for recreational marijuana use, and to reconsider Ms. Richardson’s suspension. Please strike a blow for civil liberties and civil rights by reversing this course you are on,” the letter read. “The divergent treatment of recreational alcohol and marijuana use reflects obsolete stereotypes about cannabis products and a profound misunderstanding of the relative risks of both substances.”

Amazon announced that it supports nationwide cannabis legalization and will no longer test most job applicants for marijuana use.

“We will no longer include marijuana in our comprehensive drug screening program for any positions not regulated by the Department of Transportation, and will instead treat it the same as alcohol use. We will continue to do impairment checks on the job and will test for all drugs and alcohol after any incident,” the company said in a blog post.

Additionally, the company said they would actively lobby Congress to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which would legalize cannabis nationally.

“And because we know that this issue is bigger than Amazon, our public policy team will be actively supporting The Marijuana Opportunity Reinvestment and Expungement Act of 2021 (MORE Act)—federal legislation that would legalize marijuana at the federal level, expunge criminal records, and invest in impacted communities. We hope that other employers will join us, and that policymakers will act swiftly to pass this law,” according to Amazon’s blog.

Support for legalization and dropping drug testing for employees is a huge change for the second-largest private employer in the U.S. Prior to this announcement, the company disqualified people who tested positive for marijuana use from employment.

For example, in March, the company was sued by a man who said that the company reversed a hiring offer because of marijuana use—testing prospective employees for marijuana has been banned in New York City.

The Drug Policy Alliance expressed support in a statement in response to the policy change.

Drug testing has never provided an accurate indication of a person’s ability to perform their job, and yet this incredibly invasive practice has locked out millions of people who use drugs—both licit and illicit—from the workplace.”

However, the advocacy group urged Amazon to go further by ending all drug testing and supporting policies that promote equity for people of color.

“We implore Amazon and other employers to let this be the starting point and not the goal post. This change can and should be the catalyst to a much larger move—ending drug testing for all drugs—that would ensure a more just and equitable future for millions of people, especially Black, Brown and Indigenous communities who have been disproportionately impacted by these policies.”

According to a federal study, states that have legalized adult-use marijuana have not seen an increase in either youth marijuana use or availability.

The U.S. Department of Education’s National Center for Education Statistics (NCES) analyzed ten years of data from students in grades 9-12 who reported marijuana use in the previous 30 days. They found that between 2009 and 2019, youth marijuana use has remained essentially unchanged.

“The overall percentage of students who reported using marijuana at least 1 time during the previous 30 days in 2019 was not measurably different from the percentage in 2009…. There was no measurable difference between 2009 and 2019 in the percentage of students who reported that illegal drugs were made available to them on school property.”

The findings are consistent with prior data concerning youth marijuana use.

Despite the claim by cannabis opponents that marijuana use among teens would increase with legalization, the data tells a different story. In 2009, before the first recreational dispensaries opened, 21 percent of high school students reported cannabis use within the previous 30 days. In 2019, with recreational cannabis legal in 17 states, 22 percent of students reported recently using marijuana.

The percentage of high school students who use marijuana has remained consistent both before and after statewide cannabis legalization.

The Colorado Department of Public Health and Environment (CDPHE) biennial Healthy Kids Colorado Survey found similar results.

“Youth marijuana use has not significantly changed since legalization, but the way youth are using marijuana is changing. In 2019, 20.6% of youth said they use marijuana compared to 19.4% in 2017. More youth are now vaping marijuana — 10.6% in 2019 compared to 5.1% in 2015. Dabbing rose from 4.3% in 2015 to 20.4% in 2019,” according to a press release.

A study published in JAMA Pediatrics found that teen marijuana use decreased after legalization. Researchers analyzed data from 1.4 million high school students between 1993 and 2017 and found an 8 percent decrease in teen use after states legalized recreational marijuana.

“Consistent with the results of previous researchers, there was no evidence that the legalization of medical marijuana encourages marijuana use among youth. Moreover, the estimates reported…showed that marijuana use among youth may actually decline after legalization for recreational purposes.”

New York state has legalized adult-use marijuana, becoming the 15th state in the country to end cannabis prohibition.

In addition to legalizing recreational cannabis, the legislation that Gov. Andrew Cuomo (D) signed into law last Wednesday will expunge the records of people with a previous marijuana conviction.

“This is a historic day in New York — one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits,” Cuomo said in a statement. “I’m proud these comprehensive reforms address and balance the social equity, safety and economic impacts of legal adult-use cannabis.”

Keep in mind that marijuana sales won’t start immediately, as the state needs time to establish a regulatory framework. The first cannabis sales are expected to begin in 2022.

Under the new law, adults can possess up to 3 ounces of cannabis and 24 grams of concentrate and cultivate up to three mature and three immature cannabis plants. Social consumption sites and weed delivery will be permitted.

Tax revenue from recreational marijuana sales will go towards education, a community grants reinvestment fund, and a drug treatment and public education fund. The state estimates that legalizing marijuana will create 30,000 to 60,000 jobs in the state.

New York’s neighbor, New Jersey, legalized recreational marijuana earlier this year.

“We expect 2021 to be a record-breaking year for legislatures legalizing cannabis,” Steve Hawkins, executive director at the Marijuana Policy Project, said in a statement. “More than two-thirds of Americans believe it’s time to end prohibition and this move represents the latest example of elected officials joining the chorus of support for legalizing and regulating cannabis for adults.”

On December 4, the U.S. House of Representatives voted to end federal marijuana prohibition.

Under the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, cannabis would be decriminalized and removed as a scheduled substance.

The MORE Act would expunge federal marijuana convictions and create a reinvestment program to support individuals most impacted by the War on Drugs. A 5% federal tax on cannabis would go toward services such as job training, legal aid, and literacy and health education programs.

Rep. Ed Blumenauer (D-OR), who has long advocated for marijuana legalization, said that the bill is “going to make a huge difference for people all across America as Congress starts to catch up to where the American public is.”

“There’s a whole range of things that the MORE Act fixes,” Blumenauer said. “But most important is it stops this failed war on drugs that is so unfair to Americans of color, particularly black and brown. It will stop the federal interference with research. It’ll allow this emerging market to thrive, make it possible for more people to participate and be able to get on with their lives.”

The bill passed by a vote of 228 to 164, with 222 Democrats, five Republicans, and one Independent voting in support.

At a press event following the bill’s passage, Rep. Barbara Lee (D-CA) said that this “really is a moment for racial justice. We know that this year has put inequality and systemic racism to the forefront of our attention, and there’s no better way to close out this year than to really begin to atone for the destructive policies brought on by the failed war on drugs.”

The House might be as far as legalizing marijuana goes for now, however. Mitch McConnell (R-KY), the Senate Majority Leader, is against ending cannabis prohibition. McConnell, also known as the Grim Reaper when it comes to killing legislation, is expected to block any marijuana bills from getting a vote in the Senate. Vice President-elect Kamala Harris (D-CA) is the lead sponsor of the Senate version of the bill.

On October 12, Michigan Gov. Gretchen Whitmer (D) signed the “Clean Slate” legislation to expand expungement for marijuana convictions in the state. The legislation is a series of seven bills to broaden the criteria for expungements related to not only marijuana but also traffic offenses and other minor crimes.

“This is bigger than criminal justice reform,” Lt. Gov. Garlin Gilchrist said. “This is about economic opportunity and full participation in our economy and our society.”

Michiganders convicted of misdemeanor marijuana offenses that would have been legal after cannabis was legalized in the state in 2018 can apply to have their convictions erased. Prosecutors will have 60 days to dispute the claim. If prosecutors don’t make a rebuttal, the marijuana conviction will be expunged.

Misdemeanors and felonies not related to marijuana will be cleared with an automatic expungement process.

“During my 2018 campaign for governor, I made expungement of marijuana charges one of my key priorities, and I’m so proud today that we can follow through on that goal,” Whitmer said at a press conference. “For too long, criminal charges have created barriers to employment, barriers to housing, and others for hundreds of thousands of Michiganders. These bipartisan bills are going to be a game-changer.”

Michigan will automatically clear misdemeanors seven years after sentencing. Felonies will be removed ten years after sentencing or the person’s release from incarceration, whichever was last. Up to two felonies and four misdemeanors can be automatically cleared.

“You’re in your community, you’re invested in your community, you’re spending time with your family, you’re working, you’re accessing housing,” said State Rep. Graham Filler (Dewitt-R). “We have less recidivism, less victims. This is what happens when you access expungement.”

The laws are set to take effect in April 2021.

Colorado Governor Jared Polis signed a bill into law that will allow him to pardon marijuana convictions that occurred before the state legalized marijuana in 2012.

>House Bill 1424, passed by lawmakers on June 15, is aimed at increasing social equity in the cannabis industry. The bill allows Colorado residents who have been arrested or convicted of a marijuana offense, been subject to civil asset forfeiture related to a marijuana offense, or applicants living in economically disadvantaged areas toFor decades now, the Black community has been disproportionately criminalized because of marijuana while others have profited,” state Rep. James Coleman (D-Denver), one of the bill’s sponsors, toldThe Denver Post, “We have needed to act on this injustice for decades.”

A last-minute amendment to the bill gave the governor the ability to issue mass pardons for marijuana convictions of 2 ounces or less without approval from judges or district attorneys.

“There’s too many people that have a prior conviction for personal amounts of cannabis fully legal today that prevent them from getting loans, from getting leases, from raising capital, from getting licenses, from getting jobs, from getting mortgages, and that’s wrong,” Polis said during the bill signing. “We hope that this measure will be a first step for new opportunities for thousands of Coloradans who should not be living with a cloud over their head simply because they were a little bit ahead of their time.”

While the governor will have the ability to issue a mass pardon, the process isn’t automatic. People with marijuana convictions will still have to apply to clear their records.

While the new law is a step towards social equity in the cannabis industry, the Black Cannabis Equity Initiative and the Colorado Black Round Table urged Polis in a letter to immediately release low-level cannabis offenders and expunge their records.

This Pardon and Expungement are not the face of social equity in Colorado, however, they are important action steps in recognizing and acknowledging systemic and institutional racism as well as the past barriers and significant omissions in the evolution and history of the Colorado cannabis industry.”

The law will take effect in 90 days.