Federal Circuit Court of Appeals Appears Unlikely to Side With Cannabis Companies in Case Challenging Marijuana Prohibition

A federal appeals court on Thursday appeared poised to reject claims by several Massachusetts marijuana businesses that the longstanding federal prohibition on the drug is no longer constitutional, according to Reuters.

The businesses, represented by attorney David Boies, argued that the legal and legislative landscape surrounding marijuana has shifted significantly since the U.S. Supreme Court upheld the federal ban in 2005.

Boies told the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston that the original justification for the ban—rooted in Congress’s goal of eradicating marijuana nationwide—has effectively been abandoned. He pointed out that 38 states, including Massachusetts, now allow marijuana use for medical or recreational purposes. He also cited Congress’s actions since 2014 barring the U.S. Department of Justice from interfering with state medical marijuana programs and its 2010 approval of medical marijuana in Washington, D.C.
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Psychedelics Linked to Enhanced Sexual Function Even Months After Use, Study Finds

Psychedelics like LSD and psilocybin may improve sexual function for months after use, according to a study conducted by the Centre for Psychedelic Research at Imperial College London.

Dried psilocybin mushrooms.

This research marks the first known scientific investigation into the long-term effects of psychedelics on sexual health. Participants in the study reported significant improvements across various aspects of sexual functioning, including satisfaction, arousal, and connection with their partners, with benefits lasting up to six months after their psychedelic experiences.

Published in Nature Scientific Reports, the study gathered responses from nearly 300 individuals before and after their use of psychedelics. The research combined data from two groups: individuals who consumed psychedelics recreationally or ceremonially and participants in a clinical trial examining psilocybin as a treatment for depression. This combination allowed the researchers to assess the impact of psychedelic experiences on multiple dimensions of sexual health.
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How Marijuana Rescheduling Could Impact Washington, D.C.

By Ty Buffington, NORM Legal Intern

Following the Biden Administration’s initiation in 2022 of a marijuana rescheduling effort, the DEA commenced a formal rule-making process in 2024, beginning with a notice and public comment period.

After the submission of over 40,000 public comments on the issue of whether to move cannabis from Schedule I to Schedule III, the DEA announced this summer that it would hold a hearing before an administrative law judge. That hearing commences this week and is anticipated to continue into the first quarter of 2025.

If the DEA ultimately concurs with HHS’s proposed rescheduling recommendation, the impacts of this change on the state level will likely be limited. Without further federal reform, state-regulated medical and adult-use (recreational) cannabis regimes will remain in conflict with federal law, which provides state governments with little to no flexibility with respect to legalizing Schedule III substances. The DEA is unlikely to grant licenses to businesses operating in the state-regulated marijuana industry and the FDA is unlikely to approve botanical cannabis for use as a prescription drug. This leaves the state-sanctioned cannabis market in largely the same precarious legal position it is currently in.
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US Congress: Bipartisan Bill Would Allow Expungements of Pardoned Marijuana Offenses

A bipartisan group of lawmakers has introduced H.R. 10248, the Weldon Angelos Presidential Pardon Expungements Act.

Filed recently by Congressmember Kelly Armstrong (R-ND), the bill has garnered support from Republican cosponsors Laurel Lee (FL), Barry Moore (AL), Don Bacon (NE), and Jeff Duncan (SC), as well as Democrat David Trone (MD).

The legislation is named after Weldon Angelos, who was sentenced to 55 years in federal prison at the age of 24 for nonviolent marijuana-related offenses. His mandatory sentence, which included firearms charges, has drawn widespread criticism as excessive, especially given his lack of prior criminal history. Angelos was granted clemency by President Barack Obama after serving 13 years and later received a full pardon from President Donald Trump. Despite these measures, his criminal record continues to create significant barriers to employment and reintegration.
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Massachusetts’ Legal Marijuana Market Now Features 740 Active Strains, Nearly 30% Increase Since Last December

There’s now 740 active strains available in Massachusetts’ legal marijuana market, according to data from the state’s Cannabis Control Commission (CCC).

(Photo credit: Strain Caregivers).

This marks a 29% increase from the 572 active strains recorded in December 2023 and an impressive 84% jump from the 401 strains available in December 2022.

The rapid expansion highlights the state’s flourishing cannabis industry, which saw $151.8 million in sales in November, bringing the year-to-date total to $1.6 billion, and the all-time total to $7.04 billion.
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Arizona Marijuana Tax Revenue Passes $1 Billion Following $23 Million Garnered in November

In November, Arizona’s marijuana industry generated $23,747,808 in tax revenue, pushing the state’s all-time marijuana tax revenue total to $1,017,451,675.

According to the Arizona Department of Revenue, the $23.7 million in tax revenue for November included $14,557,014 from the state’s 16% recreational marijuana excise tax, $7,684,178 from the 5.6% adult-use tax, and $1,514,285 from medical marijuana tax revenue. November marked the 36th consecutive month of marijuana tax revenue exceeding $20 million.

Arizona voters approved recreational marijuana legalization in November 2020, allowing adults 21 and older to purchase up to one ounce of marijuana and up to five grams of concentrates from licensed dispensaries. Since legalization, the tax revenue has been used to benefit various programs:
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2024 Canadian Cannabis Survey Highlights Shifts in Use, Attitudes, and Access

Health Canada has released the results of the 2024 Canadian Cannabis Survey, providing key insights into how Canadians are consuming and thinking about marijuana.

Conducted over the course of two months, the survey collected responses from over 11,600 individuals aged 16 and older across Canada, offering a comprehensive look at trends in use, access, and public knowledge.

While smoking remains the most popular method of cannabis consumption, its prevalence is decreasing. According to the survey, 69% of users reported smoking cannabis, a significant drop compared to previous years. Other methods, such as eating (57%) and vaporizing with a vape pen or e-cigarette (37%), continue to gain traction.
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Washington State Marijuana Sales Top $100 Million in November, $1.1 Billion in 2024

In November, licensed marijuana stores in Washington State generated $100.41 million in sales, which included a range of marijuana products such as concentrates, edibles, tinctures, and topicals.

According to data from the Seattle-based research firm Headset, this represents a modest 0.1% increase from November 2023 and is roughly consistent with October’s $101 million in sales. Year-to-date marijuana sales have now surpassed $1.1 billion, demonstrating the sustained strength of the state’s legal marijuana market. This puts the state on track to roughly match the $1.25 billion in sales in 2023.

Washington first legalized marijuana in November 2012, becoming one of the initial states, along with Colorado, to approve adult-use sales. The law allows individuals aged 21 and older to possess up to one ounce of marijuana, seven grams of concentrates, and up to 72 ounces of marijuana-infused liquids. A 37% excise tax, the highest in the nation, is applied at the point of sale.
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North Carolina Marijuana Megastore Celebrates Three Months Open

The Great Smoky Cannabis Company in Cherokee, North Carolina, will mark three months of operation as of tomorrow, December 7.

Located at 91 Bingo Loop Rd on the tribal land of the Eastern Band of Cherokee Indians, the store has become the first and only place in North Carolina where anyone 21 and older can legally purchase marijuana and marijuana products.

Since it opened its doors to nontribal members on September 7, the store has attracted tens of thousands of patrons. It offers a wide array of marijuana products, including dried flower, prerolls, concentrates such as wax and live resin, topicals like body creams and pain salves, and various edibles, including gummies, brownies, chocolate bars, cookies, and drinkable shots.
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Kentucky Governor Keeps Medical Marijuana Dispensary Applicants Secret, Exempting Them From Open Records Requests

The Kentucky Office of Medical Cannabis has chosen not to release a list of applicants for its recently concluded dispensary lottery in nine regions, citing exemptions from open records laws.

Kentucky Governor Andy Beshear.

This decision by Governor Andy Beshear’s administration comes despite the announcement of 36 winners last month.

The Cabinet for Health and Family Services and the Office of Medical Cannabis rejected a public records request from Kentucky Public Radio for details on applicants in regions 3 through 11. Officials argue the information is part of a “master list” that includes applicants for the final two regions, whose lottery results will be determined on Dec. 16. General Counsel Matthew Lynch stated the list remains “preliminary” and therefore exempt from disclosure.
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