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Cannabis companies sue U.S. AG over prohibition.
A group of cannabis companies, including Verano, are suing U.S. Attorney General Merrick Garland to argue that the federal enforcement of the Controlled Substances Act within state borders is “unconstitutional.”
The plaintiffs include, in addition to Verano, several small operators in Massachusetts: Gyasi Sellers (CEO and Founder of Treevit), Canna Provisions, and Wiseacre Farm. The “foundational supporters” of the suit, according to an announcement from Boies Schiller Flexner LLP, one of the law firms representing the plaintiffs, are: Ascend Wellness Holdings, TerrAscend, Green Thumb Industries, Eminence Capital and Poseidon Investment Management.
“The federal criminalization of safe, regulated marijuana commerce in states where it is legal unfairly burdens legal operations and expands the production and sale of illegal marijuana that is unregulated, can be unsafe, and is likely to find its way to other states,” said David Boies, chair of Boies Schiller Flexner LLP, in a statement.
“Federal criminalization also denies small, legal marijuana businesses of access to SBA loans, investors, benefits for their employees, and normal banking regulations.”
Some context: Boies one of the most prominent lawyers in the U.S., and his work ranges from the fight to legalize same-sex marriages to, more recently, representing Harvey Weinstein, and the fraudulent startup Theranos.
You can read the complaint here.
Nurse Anesthesiology group updates practice considerations with cannabis in mind.
The American Association of Nurse Anesthesiology published its updated analgesia and anesthesia practice considerations, which place “special emphasis” on patients consuming cannabis.
“It is important for patients to know the risks and effects of cannabis in anesthesia delivery and share their use history accurately with their anesthesia provider,” Daniel King, AANA’s Practice Committee chair, said in a statement.
“The type of cannabinoid consumed, how it is consumed, frequency, chronicity, and reasons for use are all important factors in determining a patient’s perioperative course. It is critical for anesthesia providers to understand a patient’s history to inform a safe anesthetic and surgical experience.”
Nebraska AG goes after delta-8 companies.
Attorney General Mike Hilgers announced a series of lawsuits this week focused on shops that sell delta-8 THC products.
In addition to the lawsuits filed in ten jurisdictions, Hilgers released a video aimed at parents, as well as consumer warnings.
“The sale of these deceptive, mislabeled, dangerous products poses a real threat of harm to Nebraskans, especially children. Today’s action is a message to retailers across the state that selling products that threaten Nebraska’s children will not be tolerated,” Hilgers said in a statement.
Tax department calls for better compliance from cannabis companies.
The Taxation and Revenue Department announced this week that 80 cannabis shops have complied with filing requirements ever since it began extensive outreach this summer. However, “more than 100” other license holders have not.
“Cannabis is a relatively new industry with many new players who may be struggling to get their businesses up and running,” Taxation and Revenue Secretary Stephanie Schardin Clarke said in a statement. “We are here to assist taxpayers to voluntarily comply with the tax law, but cannabis retailers must also make a good faith effort to comply.”
Even if a shop has not yet sold any cannabis, they must file excise tax returns. Now, the Department plans to work with officials in regulation and licensing to determine which licensees are operating and to “perform in person compliance checks.”