Cannabis

The Multidisciplinary Association for Psychedelic Studies (MAPS), a 34-year-old nonprofit research and educational organization “that develops medical, legal, and cultural contexts for people to benefit from the careful uses of psychedelics and marijuana,” announced in a press release on Monday that it “has partnered with the City and County of Denver to provide comprehensive training on psychedelic crisis assessment and intervention to the city’s first responders.” 

The Psychedelic Crisis Assessment and Intervention training was “commissioned by the Denver Psilocybin Mushroom Policy Review Panel (DPMPRP), a first-of-its-kind panel that was formed after the passage of Ordinance 301 in May 2019, which effectively decriminalized the personal use and possession of psilocybin mushrooms in Denver,” MAPS said in a statement. 

Per the press release, the training will cover topics including: “The history, usage, psychological and physiological response, and potential adverse effects of psilocybin ingestion”; “The legal considerations and implications of decriminalization and the role of first responders”; “The standards and protocols for effective psilocybin or psychedelic-related crisis response planning, training, and deployment”; and “The best practices and techniques for assessing, de-escalating, and managing psychedelic crises.”

According to the local publication Westworld,  the training program “became even more important in 2022, when Colorado became the second state (after Oregon) to legalize medical psilocybin use and the first state to decriminalize specific psychedelics, including psilocybin, DMT, ibogaine and mescaline.”

“Created as part of the 2019 voter initiative decriminalizing psilocybin, the Denver Psilocybin Mushroom Policy Review Panel took a brief hiatus in 2023 after Prop 122 passed,” Westworld reported this week. “But the panel is meeting again and is expected to take a leading position in Denver’s approach to its medical psilocybin rules.”

After Prop 122 passed in 2022, Colorado Gov. Jared Polis, a Democrat, signed the measure into law last year. The law directs “the department of revenue [to create] the natural medicine division for the purpose of regulating and licensing the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of natural medicine or natural medicine product between natural medicine licensees.”

The measure requires the natural medicine division to: “Regulate natural medicine, natural medicine product, and natural medicine businesses, including healing centers, cultivators, manufacturers, and testers, and issue licenses for such businesses; Promulgate rules necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses; and Perform duties necessary for the regulation of natural medicine, natural medicine product, and natural medicine businesses, including investigatory and disciplinary authority.”

Kevin Matthews, former President of the Denver Psilocybin Mushroom Policy Review Panel, celebrated the launch of the training program.

“I’m proud of my hometown for stepping into a national leadership role with this training. It represents a giant leap forward for public health and safety with psilocybin and natural medicines in Denver and is a perfect example of what cities can do to better integrate emerging psychedelic policies into their existing infrastructures. I’m looking forward to the city continuing its collaboration with MAPS to monitor outcomes and educate Denver residents on this exciting new issue,” Matthews said in a statement.

Sara Gael, a former MAPS Harm Reduction Officer, said the group is “honored and excited to collaborate with the City and County of Denver to provide this groundbreaking training program on psychedelic crisis assessment and intervention.”

“We believe that this program will equip first responders with the necessary knowledge and skills to handle psilocybin and psychedelic related crises in a safe and compassionate manner and ultimately improve the health and well-being of the community. This program is also a testament to the progressive and visionary leadership of Denver, which has taken a bold step to decriminalize psilocybin and create a model for other cities to follow,” Gael said.

MAPS said in the press release on Monday that its “training aims to enhance the knowledge, attitudes, and skills of first responders to quickly recognize and effectively respond to emotional and behavioral crisis incidents involving psilocybin and other psychedelics.” The group also said that the “Denver Harm Reduction training initiative has been well received by the City of Denver leadership, who recognize the importance and value of providing first responders with the necessary tools and skills to handle psychedelic-related crises in a safe and compassionate manner.”

“The program also seeks to enhance responder safety and reduce risk and liability in situations where individuals are experiencing a psychedelic-induced crisis,” the group explained. “After three years, a team of over 20 MAPS and subcontracted professionals with backgrounds in law, medicine, psychiatry, mental health, neuropsychopharmacology, law enforcement, crisis response, quality improvement, and education developed the curriculum. The final training is customized for law enforcement, mental health, and emergency medical service personnel and will be delivered through asynchronous videos and corresponding assessments.”

Vice President Kamala Harris is hosting a White House meeting to discuss drug policy reform that will feature guests including hip hop artist Fat Joe and others who have benefitted from the cannabis pardons granted by the Biden administration. The Friday meeting will also include Kentucky Governor Andy Beshear, a leading proponent of cannabis legalization in his state, and other advocates for ending the criminal prohibition of marijuana. 

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In October 2022, President Joseph Biden issued an executive order pardoning thousands of people with federal convictions for marijuana possession, saying, “No one should be in jail just for using or possessing marijuana.” In December 2023, the president went further by expanding the pool of people eligible for a pardon for marijuana convictions under federal or Washington, D.C. law. 

“President Biden and I have been clear: We must continue to change our nation’s approach to marijuana and reform the criminal justice system,” the vice president said in a statement in December. As I have declared many times before, no one should be in prison simply for smoking weed. That is why we continue to call on Governors to join us in this long-overdue work.”

White House Meeting Features Pot Policy Reform Advocates

Friday’s meeting at the West Wing of the White House to discuss the Biden administration’s cannabis policy reforms will include guests such as Beshear and five-time Grammy award nominee Fat Joe, who is one of thousands of people to be pardoned by the president. 

“Friday’s engagement will build on the Vice President’s efforts to uplift the historic actions the Biden-Harris Administration has taken to ensure everyone has access to opportunity, including by making the criminal justice system more just. This will continue in the weeks and months to come,” a White House official said, according to a report from NBC News.

Another pardon recipient, cannabis activist Chris Goldstein, a regional coordinator with the National Organization for the Reform of Marijuana Laws (NORML), will also attend. In 2014, he was convicted of a federal marijuana possession charge for smoking marijuana during a protest in an outdoor area of Independence Hall National Historic Park in Philadelphia. 

“These Presidential pardons are a powerful and meaningful action,” Goldstein said in a statement from NORML. “They carry a tremendous power of goodwill — not just to those of us who received them, but for the entire country. These pardons are seen by people everywhere as tangible signs of the White House taking action on marijuana policy.”

Goldstein said that he plans to use the time with Harris at Friday’s meeting to bring further awareness to the presidential pardon process. He also hopes to stress the need for further federal action on cannabis reform, including the descheduling of marijuana under the Controlled Substances Act.

“Three of us will discuss the real-world impact of our federal marijuana convictions and the relief provided by these Presidential pardons,” said Goldstein. “Thousands of people are still eligible, and this event should help raise awareness for more people to apply.”

“We will help represent tens of millions of Americans who have been arrested for marijuana in nearly a century of prohibition,” he added.

Fat Joe / Shutterstock

Reform Advocates Call For More Than Words

The news of this week’s White House roundtable discussion on cannabis policy reform was welcomed by justice advocates and members of the cannabis industry. Sarah Gersten, executive director and general counsel at the Last Prisoner Project, a nonprofit working to secure the release of all cannabis prisoners, said that she hopes the meeting results in action from the president.

“Clearly, the administration understands that taking action to repair the harms of cannabis criminalization will help energize voters who overwhelmingly believe marijuana should be legal,” Gersten said in a statement on Wednesday. “But the general public also believes no one should be incarcerated for cannabis, and Biden has failed to keep that campaign promise. Biden could free the over 3,000 federal cannabis prisoners with the stroke of a pen. If he truly wants to tout his actions on cannabis reform, bolder action needs to be taken.”

Jeffrey M. Zucker, co-founder and president of Denver-based cannabis consultants firm Green Lion Partners, also called for the Biden administration to make meaningful progress on federal cannabis reform.

“From this meeting, I hope to see a shift toward comprehensive drug law reform that acknowledges the disproportionate impact of current policies on communities of color,” Zucker said in a statement to High Times. “Reforms prioritizing social justice, harm reduction and economic empowerment would reflect genuine progress.”

Last week, a psilocybin research bill in Indiana was sent to the desk of Gov. Eric Holcomb. The bill was recently passed in the Senate in February (Senate Bill 139), followed by the House Public Health Committee shortly afterwards.

Following the end of the 2024 legislative session on March 8, bill sponsor Sen. Ed Charbonneau published a press release about his pride in working toward passing three different bills. The first would help make child care more affordable for Indianans, and the second included an expansion to health plans to include coverage for searching biomarkers for diagnosis or condition treatment. 

However, the third bill includes a mention of SB-139. “Another bill I worked on this session was Senate Bill 139, which would have established a fund to aid Indiana research institutions in studying the potential use of psilocybin in treating mental health and other medical conditions, especially in veterans and first responders,” Charbonneau wrote. “While SB 139 did not make it through the legislative process, the language was added to House Enrolled Act 1259, which would also expand the number of people eligible to provide health care services.”

Now the bill is being sent to the desk of Gov. Holcomb for final review. If SB-139 became law, it would create a therapeutic psilocybin research fund that would be managed by the Indiana Department of Health. The fund would provide financial assistance to research institutions to study psilocybin as a method of treating mental health or other conditions. The bill currently states conditions such as post-traumatic stress disorder, anxiety, depression, bipolar disorder, chronic pain, migraines, alcohol use disorder, and tobacco use disorder.

Additionally, it works to compare “the efficacy of psilocybin as a treatment for mental health and other medical conditions…with the efficacy of other current treatment options for mental health and other medical conditions.”

One requirement of institutions that apply to research psilocybin would include the use of veterans or first responders in their study as they “Evaluate and determine whether psilocybin is an effective treatment for mental health and other medical conditions.” After the study is concluded, the researchers would then submit a report of their findings to the Interim Study Committee on Public Health, the Indiana Behavioral Health Commission, and Human Services, as well as “state department and division of mental health and addiction.”

If passed, these processes to organize applications would begin starting on July 1, 2024.

Last year in November, the Interim Study Committee on Public Health, Behavioral Health and Human Services held its last meeting and issued a report recommending that legislators consider developing a psilocybin pilot program in 2024 “that strikes a balance between access, research, and prudence.”

At the meeting, Charbonneau explained that he’s already spoken with educational institutions that are interested in studying psilocybin. “I have had discussions with both [Indiana University] Health and with Purdue University,” said Charbonneau. “I spoke to 150 pharmacy students at Purdue, and afterward had a chance to speak with the dean of the pharmacy program…and he texted Dr. Jerome Adams, who’s now at Purdue University.” Adams previously served as U.S. surgeon general under former President Donald Trump.

The report made a distinction between medical cannabis and psilocybin, and described psilocybin-assisted therapy as more beneficial. “Many people conflate increased access to psilocybin assisted therapy with the issue of increased access to medical and recreational cannabis,” the report said. “However, the committee hearing made it clear that the evidence for psilocybin assisted therapy is promising and significantly more robust and the two issues are unrelated.”

Indiana’s neighboring states of Illinois, Michigan, and Ohio all have some form of cannabis legalization now. The only remaining state is Kentucky to the south, which currently has legalized medical cannabis but won’t officially launch until 2025.

However, Sen. J.D. Ford told WFYI Indianapolis in January that the lack of progress is due to legislators refusing to discuss legalization. “You’ve got the elected officials who are unwilling to have the conversation and you’ve got some of these other powerful lobbying groups that are continuing to block conversation, block bills from getting a committee hearing,” Ford said.

In a press event in January, Senate Pro Tempore Rodric Bray shut down inquiries from reporters regarding cannabis decriminalization or legalization. “Are we going to legalize cannabis this session? That’s not going to be the case,” Bray said. 

Previously in 2019, Indiana Gov. Eric Holcomb has previously stated that he will not take action on any cannabis legalization bills until it has been legalized on the federal level. “If the law changed, we would look at all the positive or adverse impacts it would have,” Holcomb said. “I’m not convinced other states have made a wise decision.”

In 2023, he did admit that decriminalizing cannabis in small amounts makes sense. “I do not believe that simple possession at certain limits should derail someone’s life,” Holcomb said.

The Utah Senate and House unanimously approved a bill that would establish a pilot program for hospitals to administer psilocybin and MDMA as alternative treatment, sending it to the governor.

A bill introduced by Senate Majority Whip Kirk Cullimore (R) and House Speaker Pro Tempore James Dunnigan (R), earlier this month, Senate Bill 266, would create a pilot program to explore psilocybin and MDMA as alternative treatments in hospitals in Utah.

The bill was sent to the desk of Utah Gov. Spencer Cox (R) this week where it awaits his signature. Since hospitals and universities generally default to federal regulations, it’s unclear how the bill would pan out as psilocybin and MDMA remain schedule I drugs under the Controlled Substances Act (CSA).

“The bill is proposing, really, an alternate pathway, ” Rep. Raymond Ward (R) said before the House vote this month. “That’s why I say it’s a philosophical question. Do you think that these medicines really only should always just go through this one pathway, the FDA first and then be allowed to be used? Or do you think there should be any other alternate pathway whereby a patient might be given these medications in a controlled setting from some of our best physicians, but where we really do not yet have all of the data that we normally would have before we gave them to patients?”

Per the bill, psilocybin and MDMA would be administered by a privately owned, non-profit health care system with at least 15 licensed hospitals, or as part of medical programs operated by higher level institutions of learning.

“A healthcare system may develop a behavioral health treatment program that includes a treatment” with psilocybin and MDMA that it “determines is supported by a broad collection of scientific and medical research,” the bill reads.

Utah SB 0266 passed almost unanimously, thanks to the tireless efforts of Utah Patients Coalition and Libertas.Soon there will be be pilot programs for clinical MDMA and psilocybin via IHC and U of U health. finally, some tangible mental health progress from the #utleg 1/3— Michael ???? (@mcmorrise) March 7, 2024

The bill would amend Laws of Utah 2023, Chapter 303, and enact 58-37-3.5, Utah Code Annotated 1953. Utah voters approved medical cannabis in 2018, and the state is well on its way towards amending laws surrounding psychedelics for therapeutic purposes.

Any hospital that participates in the psychedelics therapy pilot program would need to submit a report to the Utah Legislature by July 1, 2026, detailing which drugs are being utilized, the outcomes of patients in treating their conditions, and any potential side effects.

If passed, the bill would take effect on May 1, 2024 and sunset after three years.

Two years ago, Gov. Spencer Cox (R) signed into law a bill that created a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

Rep. Brady Brammer (R), who sponsored the previously enacted psychedelics task force legislation, House Bill 167, said psychedelics represent “one of the few areas of research where we see that there are curative possibilities for mental health, particularly related to PTSD and treatment-resistant depression.”

“This is another tool in our toolbox,” he said. “We’ve done the task force. They’ve come back with their reports. And now we have this clinical trial of sorts that allows for some of the patients to get it under significant observation with the appropriate guardrails.”

Mormons on Mushrooms? A Growing Interest in Psilocybin in Utah

Meanwhile, last November in Provo—a city with nearly 90% of residents who are Mormon, or Latter-Day Saints—a mushroom treatment center, called Singularism, opened its doors.

Singularism touted freedom of religion in order to use psilocybin mushrooms but immediately attracted the wrath of the City of Provo, whose officials appeared to state that the center wouldn’t last long.

A longshot bill that would legalize psilocybin mushrooms in Utah was introduced last February. Senate Minority Leader Luz Escamilla, (D-Salt Lake City) unveiled Senate Bill 200 on Feb. 9, a bill that would legalize psilocybin mushrooms for medical use in Utah.

Deseret News reports that SB 200 would set up a program that mirrors the program behind Utah’s medical cannabis market. Utah’s compromise bill, the Utah Medical Cannabis Act, which was passed in 2018 allows patients with a healthcare provider’s verification, to purchase medical cannabis.

The bill would allow Utahns ages 21 and older to receive a psilocybin-assisted treatment directly from a psilocybin therapy provider. Qualifying conditions would include depression or anxiety if the patient has tried at least one other treatment route, PTSD, and people who are receiving hospice care.

Currently in Utah, possession of psilocybin can result in a prison sentence of up to 10 years or a $5,000 in fine. The state has come a long way in terms of cannabis and psychedelic reform, with a Mormon supermajority that has dominated its legislature for decades.

Minnesota’s Office of Cannabis Management (OCM) announced Tuesday that it will begin to crack down on the illegal sales of cannabis flower across Minnesota as the state’s adult-use market takes form. The Star-Tribune reports that the OCM entered into an agreement with the Minnesota Department of Health (MDH) to add inspection capacity for illegal sales of cannabis flower.

Minnesota is the 23rd state in the nation to legalize adult-use cannabis for people 21 and older. In doing so, the state also legalized the sale of hemp-derived cannabinoid consumer products, a unique provision, but selling raw cannabis flower is currently illegal because OCM has not yet issued any cannabis business licenses, and hemp sellers must also be licensed. 

When Minnesota legalized adult-use cannabis, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM.

As seen in many other states, many retailers have taken advantage of the legal loopholes regarding hemp derivatives, but the state is pushing back against unlicensed businesses. Just a week ago, on March 7, the OCM issued an enforcement notice designed to warn retailers about selling full-strength hemp products. The OCM stated that it has received complaints of retailers selling full-strength cannabis flower under the guise of being hemp. Hemp is legal only within THC limits specified by state and federal law.

The OCM, in alignment with federal law regarding hemp under 7 CFR 990.1, will consider the total concentration of THC post-decarboxylation—the process that converts THCA to delta-9 THC to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis.

Minnesota Statutes, Chapter 342 defines Minnesota’s cannabis market, empowering the OCM to ensure compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products “without a license issued under this chapter that authorizes the sale.”

A Warning to Flower Sellers in Minnesota

The OCM reiterated its stance on flower that is being sold by retailers without a license.

“Our primary goal at the Office of Cannabis Management is to ensure a safe, legal cannabis industry that protects public health and provides accurate, reliable information to adult consumers,” said Charlene Briner, OCM interim director. “This interagency agreement gives us capacity to conduct inspections during this transitional implementation period, and more fully integrates the work of the MDH inspectors who will eventually transition their work to OCM.”

MDH inspectors who inspect retailers selling legal hemp-derived cannabinoid products will begin simultaneous examination of w flower products being offered for sale to ensure those products are hemp and not cannabis.

“While this is a temporary issue that will no longer exist once businesses are licensed to sell cannabis flower, OCM’s commitment to ensuring an industry that abides by all legal requirements is steadfast and ongoing,” said Briner. “We are confident that by providing clear expectations and guidance to businesses, the majority of operators will choose to follow the law.”

The crackdown of raw flower products will mean that inspectors will look for the product’s certificate of analysis for test results on total THC. Per federal law and under the 2018 Farm Bill, hemp flower must contain 0.3% or less of delta-9 THC on a dry weight basis. Products exceeding 0.3% delta-9 THC in dry weight are considered marijuana and are therefore illegal to sell.

Penalties for Selling Flower Illegally

So what are the penalties involved for sellers of illegal flower? Retailers caught selling flower and who are in violation of the law could be faced with embargo of product and fines of up to $1 million for violating state law. Additionally, a violation could impact a person’s ability to receive a license for a cannabis business in the future. 

Per Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules adopted under this chapter[.]”

The OCM encourages retailers to vet products that they are selling to ensure that the products are legal. The OCM has sent a letter to all retailers registered with MDH to alert them that inspections of raw flower will begin immediately.

In a December 2023 bulletin, Minnesota’s health department issued a similar warning, noting that the agency inspected 167 retailers offering hemp-derived cannabinoid products between August and November and found that more than one in three (39%) of the shops were selling illegal high-potency products. Under Minnesota law, hemp edibles and beverages sold in the state must not exceed 5 milligrams of THC per serving and no more than 50 milligrams per package.

Licensing for cannabis retailers is expected to roll out later this year, and state officials aim to launch cannabis sales in 2025.

Arizona Attorney General Kris Mayes recently issued a formal legal opinion on March 11, which addressed a question sent by Sen. Steve Montenegro and Sen. T.J. Shope, which inquired if selling delta-8 THC products (which also covers delta-10 products and any other “hemp-synthesized intoxicants”) at smoke shops or convenience stores violates state law.

Mayes’ summary answer immediately responds to the presented question. “No, Arizona law does not permit the sale of delta-8 and other hemp-synthesized intoxicants by entities that have not been licensed by Health Services,” Mayes wrote. “Irrespective of delta-8’s arguable federal legality under the 2018 Agriculture Improvement Act (“Farm Bill”), Arizona continues to define and regulate “industrial hemp” in a manner that precludes the sale of hemp-synthesized intoxicants in convenience stores, smoke shops, and other unlicensed locales.”

The opinion sets up an analysis supported with background history of cannabis in Arizona, starting with medical cannabis legalization in 2010, the effects of the 2018 Farm Bill, the state’s legalization of industrial hemp for some purposes (also in 2018), and the following surge in delta-8 THC products.

Mayes also utilizes Food and Drug Administration (FDA) concerns about unregulated delta-8 THC. The FDA previously said that “[s]ome manufacturers may use potentially unsafe household chemicals to make delta-8 THC through this chemical synthesis process,” and “[t]he final delta-8 THC product may have potentially harmful by-products (contaminants) due to the chemicals used in the process.” Further accounts claim unsanitary settings where products are processed, calling it a “’quite a soup’ of by-products and other unwanted compounds.” Also, Mayes includes that the FDA has received 104 reports regarding adverse effects of delta-8 THC product consumption between December 2020-February 2022, as well as 2,362 “exposure cases” involving delta-8.

Following this, Mayes begins the analysis portion of the legal opinion. “You have asked this Office to examine whether entities that do not possess a license to sell cannabis products by Health Services can lawfully sell products containing delta-8 THC or similar hemp-synthesized intoxicants,” Mayes wrote. “The answer to that question depends on whether products containing hemp-synthesized intoxicants constitute ‘controlled substances’ and/or ‘industrial hemp’ under Arizona law. As explained below, we conclude that state law prevents entities not appropriately licensed by Health Services from selling products containing hemp-synthesized intoxicants like delta-8 THC.”

Mayes cites that delta-8 THC products are listed as a controlled substance in Arizona, and that the state’s industrial hemp program “does not exempt hemp-synthesized intoxicants from Health Services’ regulation.”

State law defines cannabis as “all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.” Mayes included a 2019 court case, State v. Jones, in which the Supreme Court ruled on whether the state definition of cannabis also applies to hashish or cannabis extracts, to determine if medical cannabis patients are protected if they use extracts instead of dried cannabis flower. “‘All parts’ refers to all constituent elements of the marijuana plant, and the fact the resin must first be extracted from the plant reflects that it is part of the plant,” the ruling stated.

However, Mayes explained that this case does not apply to delta-8. “Jones’ plain import is that because [Arizona Medical Marijuana Act] legalized marijuana—an intoxicating substance—for certain purposes, it must be understood to have legalized a materially similar intoxicating extract of marijuana. Nothing in the case’s holding or reasoning supports its extension to the synthesis of an intoxicating product from a non-intoxicating product.”

Finally, the opinion ends with a final point that although the industrial hemp law was incorporated into federal law, it does not legalize delta-8 THC products.

Mayes concludes her opinion and reiterates that delta-8 THC products, as well as other hemp-synthesized intoxicants, can’t legally be sold by unlicensed sellers. “Arizona’s 2018 industrial hemp law did not create an exception to these laws,” she wrote. “Rather, in contrast to the federal Farm Bill, the industrial hemp law omitted hemp ‘extracts’ and ‘derivatives’ from the definition of industrial hemp and expressly provided that the State wished to ‘maintain strict control of marijuana.’ Delta-8’s sale by unlicensed entities like convenience stores and smoke shops is therefore unlawful.”

The Arizona Mirror spoke with Jonathan Udell, Arizona NORML communications director, about Mayes’ legal opinion, stating that she is giving the state’s cannabis industry a monopoly. “This is Attorney General Mayes giving the marijuana industry something that the legislature would not,” Udell said. “It’s a disappointing outcome.”

Udell provided an example, explaining that the Arizona Dispensaries Association (ADA) has introduced legislation in the past to regulate hemp-derived THC products by banning sales of such products or making it legal to sell them only at licensed dispensaries. According to a campaign finance report obtained by the Arizona Mirror, the ADA provided $40,000 to a political committee that spent approximately $367,000 in order to assist Mayes in getting elected to her position.

ADA executive director, Ann Torez, sent a statement to the news outlet, approving of Mayes’ opinion. “We believe it reflects the intent of Arizona’s voters and most importantly is in the best interest of public health and safety,” Torez said.

Additionally, the Arizona Mirror spoke with Phoenix-based attorney Tom Dean, who claims that Mayes’ legal opinion is very similar to a rebuttal of a legal analysis that he provided last year. “It’s just yet another example of what I think is a wrongheaded approach to marijuana policy in general,” Dean said. He added that Mayes’ opinion isn’t legally binding, and a lawsuit would be necessary in order to pursue a legal conclusion to the argument.

More than one in 10 high school seniors reported recent use of products with delta 8 THC, according to the results of a study published this week. The study found that approximately 11% of 12th-grade students said that they had used delta 8 during the past year, reflecting the widespread availability of the hemp-derived cannabinoid that is sometimes referred to as “diet weed” or “light THC.”

The new research analyzed data from the Monitoring the Future survey, an ongoing study of the behaviors, attitudes and values of adolescents and young adults funded by the National Institutes of Health. The analysis showed that 11.4% of high school seniors had used delta 8 THC products in the last year. Of the 295 teens who reported using the compound, more than two-thirds (68.1%) said they had used it at least three times, while 35.4% had used it at least 10 times and nearly 17% used it at least 40 times. Nine out of 10 (91%) of delta 8 users also said that they used marijuana.

“Eleven percent is a lot of people — that’s at least one or two students in every average-sized high school class who may be using delta-8. We don’t know enough about these drugs, but we see that they are already extremely accessible to teens,” Nora Volkow, director of the National Institute on Drug Abuse, said in a statement about the research from the agency. “Cannabis use in general has been associated with negative impacts on the adolescent brain, so we must pay attention to the kinds of cannabis products teens are using, educate young people about potential risks, and ensure that treatment for cannabis use disorder and adequate mental health care is provided to those who need it.”

Delta 8 And The 2018 Farm Bill

The popularity of delta 8 THC skyrocketed after the 2018 Farm Bill legalized hemp at the federal level. Unregulated Delta 8 products were soon available at retailers including convenience stores, gas stations and smoke shops. Delta 8 products are particularly popular in states that have not legalized marijuana for recreational use, a trend that was reflected in data from the new study. About 14% of those in states without cannabis legalization reported delta 8 use, compared to 8% in states with legalization.

Dr. Adam Leventhal, executive director of the USC Institute for Addiction Science and one of the authors of the study, said that the new research illustrates how widely available delta 8 products are to young people.

“What we hadn’t known prior to this study was to what extent are these products reaching teens, which was a concern because they weren’t being comprehensively regulated,” Leventhal told CNN.

The researchers expressed concern that the widespread use of delta 8 by teenagers could lead to developmental issues or other negative effects. The long-term effects of delta 8 THC on teens are not known, although some cannabis research has shown that the drug can negatively impact memory, attention and the ability to learn in young people.

“Some of the concerns based on the underlying biology would be, of course, addiction, like what we see with marijuana, some of the neurodevelopmental changes that can happen because the adolescent brain is still forming and exposure to intoxicating substances can interfere with proper development of the brain pathways that support cognition and emotion regulation,” Leventhal said.

Jonathan Miller, the general counsel for the U.S. Hemp Roundtable, a trade group representing businesses in the hemp industry, said the results of the study were “shocking, but it’s not surprising.”

“Our hemp industry is filled with actors who provide good manufacturing practices and truth in labeling and make good efforts to keep intoxicating products out of the hands of minors, but there are unfortunately a lot of bad actors out there,” Miller said in a phone interview on Wednesday. “But the worst actor of all in this is the FDA. The FDA said when the farm bill passed in 2018 that it would take steps to start regulating hemp products and they’ve done nothing. And as a result, we’ve got a wild west.”

Miller noted that several states are taking action to regulate delta 8 THC, citing Kentucky as a state taking strong measures to keep intoxicating hemp cannabinoids out of the hands of young people. Until the FDA takes action, it will be up to states to pass rules governing hemp cannabinoids, leaving conscientious businesses with a murky regulatory environment to operate in.

Shawn Hauser, a partner at the cannabis and psychedelics law firm Vicente LLP and co-chair of the practice’s Hemp and Cannabinoids Department, said the study’s findings “illustrate the urgent need to federally legalize all cannabis (marijuana and hemp-derived products) with fundamental product safety standards governing product manufacturing, testing, labeling, marketing, etc.”

“The hemp market, which is particularly robust in states without marijuana programs, has inflamed the need for federal legalization of all cannabis products that equip state and federal regulators to appropriately protect consumer safety through regulation, enforcement, and consumer education,” Hauser wrote in an email to High Times. “Regulation is more effective than prohibition in keeping cannabis out of the hands of children.”

Hawaii lawmakers are pressing ahead with an updated cannabis legalization plan, and while the Aloha State could very well be one of the next to embrace adult-use reform, the original plan is already seeing some substantial shifts. Namely, it appears that the Senate is looking to significantly scale back some of the actions surrounding social equity.

The original measure, passed by the House last week, would have automatically expunged tens of thousands of arrest and conviction records for low-level cannabis convictions in the state. On Tuesday, a Hawaiian Senate panel has instead amended the proposal to a single-county pilot program, first reported by Marijuana Moment.

Limiting the Scope of Cannabis Expungements in Hawaii

Similar to the recreational legalization plan, which state lawmakers are separately working to advance, this move is based on plans from Hawaii Attorney General Anne Lopez. 

“Instead of the bill’s statewide automatic expungement program for arrests and convictions,” said Sen. Karl Rhodes (D), chair of the Senate Judiciary Committee. “I propose that we adopt the attorney general’s pilot program for state-initiated expungement of marijuana possession arrests.”

The measure would also only apply to criminal cases “terminated with a final disposition other than a conviction,” 

Back in November 2023, Lopez released her own legalization plan, which the most recent legislation passed by the Senate primarily pulls from. While many lawmakers have praised the new bill and the plan it’s based upon, advocates have expressed concern around the bill’s creation of additional law enforcement protocols.

Among other provisions, the legislation proposes a THC blood limit for drivers (even though THC metabolites can be detected in the body days or even weeks after consumption), the creation of a cannabis enforcement unit within the Department of Law Enforcement and adds eight positions in a drug nuisance abatement unit in the AG’s office.

Rhodes suggested that the pilot program could be located in Hawaii County, the states’ second most populous county, comprising the Big Island and hosting about 14% of the state’s total population.

According to bill sponsor Rep. David Tarnas (D), the original legislation would have made approximately 30,000 people eligible for expungements. Though, if the amendments from the AG’s office remain in place, HB 1595’s ultimate impact would be far smaller. 

Influence from the Attorney General’s Office

Lopez’s office issued a statement saying that, without these amendments, the department “reiterates its strong opposition to this bill.”

“Instead of the bill in its current form, the Department proposes a pilot project whereby certain individuals who have been arrested solely for marijuana possession…and whose arrest resulted in a non-conviction disposition, have the arrest expunged via a state-initiated process,” the department said in a statement.

It continues, arguing that limiting the expungement process to one county would keep the case load manageable using its existing resources and suggested an approximate 14-month duration for the program.

“Results of the pilot project could then be used to evaluate the project’s effectiveness, utility, and efficiency, and to allow the Data Center to make more informed recommendations for future efforts,” the department said.

Hawaii has already introduced cannabis decriminalization, in turn ushering in a record sealing process from the courts, though advocates attest that the process isn’t accessible and can be challenging to navigate. 

Mixed Reception as Hawaii Presses Forward With Potential Reform

The original bill would have automated the process, ensuring that the attorney general’s office “issue, without petition and on the department’s own initiative, an expungement order annulling, canceling, and rescinding all criminal records, including records of arrest and any records of conviction” for crimes of possessing up to three grams of cannabis. The process would have included records for civil violations, petty misdemeanor convictions, juvenile convictions, arrests and convictions, along with any pending charges.

The prior version would have also required the Hawaii Criminal Justice Data Center to identify all eligible cases within 30 days of the bill’s enactment, providing that information in biennial reports to the attorney general’s office, county prosecuting attorneys, county police departments and each state court. 

After receiving those lists, the attorney general’s office would have 60 days to issue expungement orders for the records under the previous version. Within one year of receiving those orders, the judiciary would finish the job.

Some advocates emphasized that the passing of an expungement process in the state was monumental despite the narrower scope.

“This is a huge step forward that will encourage Gov. Green to amplify relief for those with cannabis records through his clemency powers, something the Hawai’i legislature has already urged him to do,” said Frank Stiefel, senior policy associate for the Last Prisoner Project.

Others like Karen O’Keefe, director of state policies for Marijuana Policy Project, said that the changes “represent a severe blow to cannabis justice.”

“An economic life sentence is an outrageously disproportionate penalty for possessing a substance that most Hawaii residents—and the Hawai’i Senate—believe should be legal,” O’Keefe told Marijuana Moment. “Testimony at the House Judiciary Committee’s informational briefing made it clear Hawai’i can and should remove this stigma which derails so many lives.”

The changes to HB 1595 come fresh off the Senate’s passing of SB 3335, which would allow adults over the age of 21 to possess up to an ounce of cannabis and up to five grams of cannabis concentrates, along with establishing a recreational cannabis sales framework. 

That bill now heads to the state’s more conservative House for consideration, which has historically been resistant to adult-use cannabis policies.

Calling it a “nation-leading effort,” Massachusetts Gov. Maura T. Healey on Wednesday announced her intention to take executive action to pardon misdemeanor marijuana possession convictions in the commonwealth. 

If it is approved by the “Governor’s Council,” Healey’s office said it “would be the most comprehensive action by a governor since President Joe Biden pardoned federal marijuana possession convictions and called on governors to take similar actions in their states,” and “could impact hundreds of thousands of people.”

Per the official state website, the Massachhuestts Governor’s Council is “composed of eight individuals elected from districts, and the Lieutenant Governor who serves ex officio,” and it “provides advice and consent on gubernatorial appointments, pardons and commutations, and warrants for the state treasury.”

The governor’s office said that, if approved, the pardon “will apply to all eligible convictions, and most people will not need to take any action to have their criminal records updated,” as well as “to all adult Massachusetts state court misdemeanor convictions before March 13, 2024 for possession of marijuana (sometimes referred to as possession of a “Class D substance”).”

“Nobody should face barriers to getting a job, housing or an education because of an old misdemeanor marijuana conviction that they would not be charged for today,” Healey, a Democrat who is serving her first term after being elected in 2022, said in a statement on Tuesday. “We’re taking this nation-leading action as part of our commitment to using the clemency process to advance fairness and equity in our criminal justice system. We’re grateful for President Biden’s leadership on this at the federal level and proud to answer his call to take action in the states.” 

Other top state officials in Massachusetts, including Lieutenant Governor Kim Driscoll, hailed the announcement of the pardon.

“Marijuana laws have significantly changed over the past decade, and it’s essential that our criminal justice system adjusts with them. Governor Healey’s proposed pardon represents an important step toward righting historic wrongs, particularly around our country’s misguided War on Drugs,” said Driscoll. “We thank the Governor’s Council for their careful consideration of this recommendation and look forward to continuing our progress to make Massachusetts a more fair and equitable home for all.” 

Massachusetts Attorney General Andrea Joy Campbell applauded the “Healey-Driscoll administration’s efforts to rectify historic racial disparities, including with this proposed pardon, and President Biden’s leadership at the federal level on the same issue.”

“Convictions for simple marijuana possession – which someone could not be charged with today – have led to the disproportionate incarceration of Black and brown people and made it nearly impossible for them to obtain a job, housing, educational opportunities and more. As the AG’s Office also works to address injustice and close the racial wealth gap, this proposed pardon meaningfully moves the Commonwealth in the right direction,” the attorney general said.

Democratic House Speaker Ronald J. Mariano, meanwhile, said the “decision from Governor Healey to pardon certain marijuana convictions is the right one, as it is another step towards rectifying decades of injustices stemming from the criminalization of cannabis.”

“This announcement is consistent with the Legislature’s intent during the passage of the 2018 criminal justice reform law, which was updated in 2022 when the Legislature passed further cannabis reforms, that allowed residents to seek expungements for convictions that are no longer crimes following voter-approved reforms,” Mariano said. 

As the statements from Healey and other officials referenced, the pardon takes a cue from President Biden, who in the fall of 2022 issued a pardon to thousands of Americans who were convicted of violating federal cannabis laws.

“Sending people to prison for possessing marijuana has upended too many lives and incarcerated people for conduct that many states no longer prohibit,” Biden said in a statement then. “Criminal records for marijuana possession have also imposed needless barriers to employment, housing, and educational opportunities. And while white and Black and brown people use marijuana at similar rates, Black and brown people have been arrested, prosecuted, and convicted at disproportionate rates.”

At the time, the president also urged governors to take their own action to clear the records of such individuals at the state level.

“In October 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. In December 2023, the President expanded that pardon to include more offenses He also issued a call to Governors to take action to pardon marijuana convictions in their states and, in the State of the Union last week, the President directed his Cabinet to review the federal classification of marijuana,” Healey’s office explained. “Governor Healey has already taken historic action on pardons. She became the first Massachusetts Governor in decades to recommend pardons in her first year in office. She has pardoned a total of 13 people to date. She also issued new clemency guidelines to center fairness and equity in the criminal justice system.”