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April 20 2021 1st Hemp USA – Cannabis Countdown U-N-I

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April 20 2021 1st Hemp USA

 

Countdown to April 20th

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Countdown to 4/20/2021

Join Us As We Patiently Countdown 10 Days Until..

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Florida State Legislature Stalls in THC Caps Limits.

Florida for Care

You might be wondering why we’ve been a little quiet recently, so I wanted to give you a quick update on where things stand on THC caps as we hit the halfway point of the 2021 legislative session.

To be honest, we’ve been quiet because we haven’t needed our patient advocates to engage in anything timely that’s been happening – and we asked soooooooo much of you all last month that we all needed a little breather. In any case,

I’m sure you’re wondering the status of these horrible THC caps bills, so here is the current lay of the land: Gov. Ron DeSantis: Gov. DeSantis came out last week against THC caps legislation saying, “it’s not something I’m endorsing”.

Florida for Care has a petition going currently to thank the governor and urge him to hold strong in his position against THC caps. Sign it here if you haven’t already.

The Florida Senate: The Senate version of THC caps is currently stuck in the Judiciary Committee, where it is likely to remain without a vote. Judiciary is chaired by Sen. Jeff Brandes, a libertarian-leaning Republican from Central Florida who has been a major champion of medical marijuana going back almost a decade. Brandes’ committee will not hear SB 1958 (THC caps).

The Florida House of Representatives: The House bill, HB 1455, has so far passed out of two of its three assigned committees. The third and final committee, Health and Human Services, has yet to place THC caps on a meeting agenda, despite having at least two opportunities to do so since HB 1455 passed out of the HHS Appropriations Subcommittee.

The bottom line: THC caps are currently stalled in the House – but that doesn’t mean they are dead – and HB 1455 could see the light of day with every subsequent HHS meeting, with a <48 hours public notice requirement before taking a vote. And caps appear DOA with the Governor and Senate, but things are often not how they appear in Tallahassee.

These people are slippery and they know what they’re doing. So we appreciate you sticking with this for the last six weeks or so. It isn’t over yet. But for now…things are calm

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Cuomo said Lawmakers are “inches” away from reaching a final deal on a bill to legalize marijuana to boost economy amid the health crisis.

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New York Gov. Andrew Cuomo (D) said on Wednesday that he and lawmakers are “inches” away from reaching a final deal on a bill to legalize marijuana, adding that enacting the reform is a “priority” this year to make the state the most progressive in the nation.

Legislative leaders have signaled that they’re agreed to compromises with the governor on most significant issues, but they’re still working the legislation to resolve differences in “shall” versus “may” language on some provisions, make additional small technical changes and address issues such as technology to detect impaired driving. “I believe New York is the progressive capital of the nation—not just because we say it is but because we perform that way. And legalizing cannabis is this year’s priority to be the progressive capital of the nation,” Cuomo said in a briefing with reporters. “We won’t be the first, but our program will be the best.”     But in order to assume that title, there needs to be a deal.

The governor said negotiations are “close, but we’ve been close three times before.” “If we were playing horseshoes, we’d be in good shape. But this is not horseshoes. You either get it done and sign a bill or you don’t,” he said, adding that the reality is that surrounding states like New Jersey and Massachusetts have already moved to enact the policy change.

“We have passed the point of legalized cannabis,” the governor said. “To say we’re going to stop it is not an option. It is here. The only question is do we regulate it here, do we gather the revenue here or do we have people driving to New Jersey—it is right there—or to Massachusetts if you’re in the northern part of the state.” He said “this year we have to get it done, and getting it done by the time the budget is passed is essential.” “This is getting it over the goal line,” Cuomo said. “And those last few inches are tend to be the toughest, but that’s a top priority.” Legislators in both chambers have been actively working to forge a compromise on outstanding differences this week, holding virtual meetings as they finalize the language. If bill text is posted on Wednesday, the legislature could vote on it as early as Saturday.

Assemblywoman Crystal Peoples-Stokes (D), sponsor of the Marijuana Regulation and Taxation Act (MRTA) told The Buffalo News that the deal is “down to the word ‘may’ or ‘shall’ and commas or periods.” But there are also some more substantive issues at play, such as how to address impaired driving. While some members suggested that police should be allowed to use devices that companies claim can detect THC impairment, other have argued that the evidence is not there yet. Lawmakers reportedly agreed to include language requiring the state Health Department to study on saliva-based marijuana field tests, and once they determine the technology works, police would be allowed to utilize it without further legislation. Another tentative deal would make it so driving while impaired from cannabis would be a violation, rather than a misdemeanor.

Senate Majority Leader Andrea Stewart-Cousins (D) said on Tuesday that the legislature is “really, really, really close on marijuana” following negotiations with executive staff office over recent weeks. “We have gotten past the impasse of the impaired driving.” Lawmakers might have a “conceptual agreement” on legalization, as a New York Post reporter framed it, but they are also still working out differences on cannabis tax revenue distribution, licensing and packaging requirements. With respect to revenue, debate is centering on how to allocate those tax dollars for education.

Senate Finance Chairwoman Liz Krueger (D), sponsor of the Senate companion version of the MRTA, said that they agreed-upon legislation will “ensure 50 percent equity of all licenses go to these communities and the money that is eventually collected in revenue will also be primarily focused on benefitting these communities,” adding “we’re pretty excited about this whole thing.” A spokesperson for Assembly Speaker Carl Heastie (D) said on Tuesday that they were “discussing it with our members today and hopefully they can come to a deal.” Legislators also signaled last week that Gov. Andrew Cuomo (D) had ceded to them on two other key components: one to allow adults to cultivate cannabis for personal use and another concerning how to allocate marijuana tax revenue for social equity purposes.

The legislature has also made clear that, despite the governor’s prior longstanding push to pass legalization through the budget, the issue will be handled as a standalone bill outside of that process. Stewart-Cousins confirmed on Tuesday that that’s still the plan. Krueger said last week that she’s “feeling that there is impetus to get this done as quickly as possible, and I am prepared to do everything in my power to close this out, get this bill to both floors and get it signed by the governor.” There’s been speculation that the growing number of sexual harassment allegations against the governor—in addition to controversy over the state’s handling of nursing home COVID-19 death data—would leave him with less political clout to negotiate on behalf of his proposal over that of the lawmakers. Krueger said that “you can’t ignore the fact that there was an interest in getting the marijuana bill done” on the governor’s end as these allegations were raised. “That seemed to pop up at around the same time.” However, she caveated, “pick a day and another shoe was dropping for the Cuomo administration.”

Public defender and activist Eli Northrup previously said that he’s heard from sources that Cuomo was pushing to have the legislation make it so police could continue to justify stops and searches based on the odor of cannabis alone, regardless of its legalization. Advocates strongly oppose that policy—and while it remains to be seen whether it will be included in the forthcoming bill, Scott Hechinger, a senior attorney with the Brooklyn Defender Services, said signs indicate that the pushback to that proposal was being felt by negotiations working on the cannabis legislation. “We’ve been working on a marijuana bill. I’ve had a number of conversations with members,” the governor said last week. “We’ve been making good progress.” Peoples-Stokes (D), the Assembly sponsor of MRTA, said earlier this month that talks “are really good and really fruitful and I’m really encouraged.” In fact, “I’ve never felt this encouraged before.” That’s despite her saying just days earlier that talks with the governor’s office over the legalization legislation had become heated to the point of screaming.

A state budget spokesperson said that the “administration is working with all parties to pass a comprehensive regulatory structure for adult-use cannabis that prioritizes social equity, social justice, economic development, and the public health and safety of all New Yorkers.” Cuomo proposed amendments to his legislation last month that he hoped would address certain concerns from lawmakers and advocates. The changes primarily concern that issues such as social equity funding and criminal penalties for underage marijuana possession. Another factor working against Cuomo is that Democrats now have supermajority control over the legislature, which could empower them to override a potential veto if they were to pass the MRTA against the governor’s wishes. New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, specifically focusing on budget implications. Legislators heard testimony during the joint session from two pro-legalization industry representatives and one opponent. Despite their ideological differences when it comes to legalization in general, all three panelists were critical of Cuomo’s reform proposal. The two reform advocates said they would prefer to advance the MRTA over his legislation.

Lt. Gov. Kathy Hochul (D)—who would become governor is Cuomo were to resign or be impeached—told Marijuana Moment in a January interview that there would be room for revisions to the current governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.” Cuomo said that the changes in his bill reflect “the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done. He added that he believes, “because I’ve seen this movie before, “if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs. Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

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The top Republican in the New York Assembly said in December that he expects the legislature to legalize cannabis this session. Stewart-Cousins said in November that she also anticipates that the reform will advance in 2021, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed. Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.

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House Reintroduces SAFE Banking Act To Normalize Cannabis Commerce

In a letter to several members of the House Financial Services Committee today, the American Bankers Association expressed support for the SAFE Banking Act of 2021, which would provide a safe harbor for depository institutions seeking to serve legitimate cannabis-related businesses in states where such activity is legal.

On Thursday, The United States House of Representatives reintroduced a critical cannabis banking bill. Ed Perlmutter (D-CO), Steve Stivers (R-OH), Nydia Velazquez (D-NY), and Warren Davidson (R-OH) brought the SAFE banking act back to the House along with the support of over 100 additional cosponsors. The bill, which is expected to effortlessly advance, previously passed the house in 2019 and 2020 but was squashed by the Republican-controlled senate. However, now that Democrats control both the White House and Senate, the bill has a real chance of passing.

What Is The SAFE Banking Act? The Secure and Fair Enforcement (SAFE) Banking Act would allow legitimate cannabis businesses acting within the confines of the law access to the same banking services as other companies. Currently, despite the industry generating millions of dollars in tax revenue, cannabis entrepreneurs are seen more like criminals in the in the eyes of major financial institutions. Not only are cannabis operations effectively barred from traditional lending, but it’s also nearly impossible for these businesses to legally open a bank account. As a result, dispensaries and other cannabis businesses are obligated to deal primarily in cash-only transactions, making them prime targets for criminals. According to Representative Perlmutter, “Thousands of employees and businesses across this country have been forced to deal in piles of cash for far too long. It is the responsibility of Congress to step up and take action to align federal and state laws for the safety of our constituents and communities.” The bill remains largely the same as it was in 2019 and 2020, but with added language that explicitly includes hemp and hemp-derived CBD related businesses, which still struggle in accessing financial services despite the legalization of hemp in the 2018 Farm Bill. The current version of the bill has been updated slightly to include minor technical changes to the safe harbor, strengthened hemp provisions, and other technical updates.

The SAFE Banking Act’s Path Forward In 2019, The SAFE Banking Act was introduced as a stand-alone bill. Despite overwhelmingly passing the House, it would never see the Senate floor. A year later, House Democrats attempted to embed the bill in part of their larger Coronavirus relief package, pointing out the inherent dangers of operating an “essential business” in a cash-only capacity during the height of a catastrophic pandemic.

After considerable criticism from Republicans, the House eventually dropped the SAFE Banking Act from the relief bill’s final draft. Perlmutter harkened back to this subject in his Thursday address, saying, “In many states, the industry was deemed essential yet forced to continue to operate in all cash, adding a significant public health risk for businesses and their workers. As we begin our economic recovery, allowing cannabis businesses to access the banking system would also mean an influx of cash into the economy and the opportunity to create good-paying jobs.”

The Senate is expected to introduce its own version of the bill this week. For the last two years, this is where the SAFE Banking Act has predominantly run into challenges. However, this time around, the Senate has a more favorable makeup—split 50-50 between Republicans and Democrats, with Vice President Kamala Harris acting as the tiebreaker. Perlmutter remains optimistic the bill will make it all the way to President Biden’s desk. He said, “I think this is going to get a full legislative review, and we’re going to get a good product, a good piece of legislation, and send it to the White House.”

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Department of Agriculture (USDA) Establishment of a Domestic Hemp Production Program – Final Rule

AGENCY: Agricultural Marketing Service, Department of Agriculture (USDA).

ACTION: Final rule.

 

Department of Agriculture (USDA)

 

SUMMARY: This final rule supersedes the interim final rule that established the Domestic Hemp Production Program, as mandated by the Agriculture Improvement Act of 2018 (2018 Farm Bill).

This rule includes regulations used by the Department of Agriculture (USDA) to approve plans submitted by States and Indian Tribes for the domestic production of hemp. This rule also includes regulations on the Federal hemp production plan for producers in States or territories of Indian Tribes that do not have their own USDA-approved plans. The program provides requirements for maintaining records about the land where hemp is produced, testing the levels of total delta-9 tetrahydrocannabinol, disposing of non-compliant plants, licensing hemp producers, and ensuring compliance under the new program.

DATES: This rule is effective March 22, 2021.

FOR FURTHER INFORMATION CONTACT: Bill Richmond, Branch Chief, U.S. Domestic Hemp Production Program, Specialty Crops Program, AMS, USDA; 1400 Independence Ave. SW, Stop 0237, Washington, DC, 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: William.Richmond@usda.gov.

 

SUPPLEMENTARY INFORMATION: This rule is issued under the authority of section 10113 of the 2018 Farm Bill (Pub. L. 115-334; December 20, 2018), which amended the Agricultural Marketing Act of 1946, as previously amended (7 U.S.C. 1621 et seq.) (AMA), by adding Subtitle G (sections 297A through 297E). Section 297B of the AMA requires the Secretary of Agriculture (Secretary) to evaluate and approve or disapprove State or Tribal plans regulating the production of hemp. Section 297C of the AMA requires the Secretary to establish a Federal plan for producers in States and territories of Indian Tribes not covered by plans approved under section 297B. Section 297D of the AMA requires the Secretary to promulgate regulations and guidelines relating to the production of hemp under sections 297B and 297C in consultation with the U.S. Attorney General. AMS issued an interim final rule (IFR) on October 31, 2019 (84 FR 58522), and began its initial implementation of the program.

To date, USDA has approved approximately 45 State and Tribal hemp plans. However, not all of the States and Tribes have implemented their plans for various reasons, including the need to take additional steps to complete State legislative or rulemaking processes or to establish the regulatory scheme as well as the extension of the 2014 Farm Bill Program.

Thus, as of November 2020, twenty States and nine Tribes have submitted reports on their respective programs. Based on the reports submitted by States and Tribes in 2020, producers have planted 6,166 acres under the 2018 Farm Bill hemp plans, of which approximately 730 acres were subject to disposal. As of the effective date of this final rule, the interim final rule is superseded. This final rule replaces the IFR at 7 CFR part 990, effective March 22, 2021.

The Agricultural Marketing Service (AMS), which has been delegated authority to administer the U.S. Domestic Hemp Production Program, provided multiple opportunities for public comment. AMS accepted comments during an initial comment period from October 31, 2019, through December 31, 2019. This initial comment period was extended for an additional 30 days on December 18, 2019 (84 FR 69295), ending January 29, 2020. AMS reopened the comment period for 30 additional days on September 8, 2020 (85 FR 55363), ending October 8, 2020.

A total of approximately 5,900 comments were received during all comment periods from States; Indian Tribes; industry and agricultural organizations; private citizens; members of Congress, the scientific community; agencies; and individuals involved in the growing, processing, transporting and marketing of hemp.

For More Information on USDA Hemp Provisions and Definitions –

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