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State lawmakers in Idaho rejected a constitutional ban on legalizing cannabis via a ballot initiative when the proposal failed to garner the necessary supermajority in a vote held on Thursday. The House of Representatives voted 42 to 28 in favor of the measure, only five votes short of the two-thirds majority needed to put the proposed amendment before a vote of the people.

Under the failed measure, a two-thirds majority in both the House and Senate would be required to remove a drug from Schedule l or Schedule ll on the state’s list of controlled substances, eliminating the possibility of such reform by a vote of the people. The measure was proposed by Idaho Republicans in an attempt to derail a campaign to legalize medical marijuana in next year’s general election and approved by the state Senate in February.

“The people of Idaho overwhelmingly would like medical marijuana—it’s off the scales,” Rep. Mike Kingsley, a Republican who voted against the amendment told his colleagues in the House. “Idaho is the last state to just hold out to not give people medicine that they need for cancer, for nausea. There’s so many people that medical marijuana works for, especially people that have bowel

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In a recent bankruptcy decision by the Ninth Circuit Bankruptcy Panel (“BAP”), the BAP had the occasion to explore some of the intricacies of how the Bankruptcy Code interacts with the cannabis industry. Burton v. Maney, 610 B.R. 633 (B.A.P. 9th Cir. 2020) (“In re Burton”). While, generally, a putative debtor cannot enjoy the protections afforded by the Bankruptcy Code if it grows, cultivates or sells marijuana, recent court decisions have started to define how far the boundaries can be stretched. One Court recently summarized the dilemma as follows:

If the uncertainty of outcomes in marijuana-related bankruptcy cases were an opera, Congress, not the judiciary, would be the fat lady. Whether, and under what circumstances, a federal bankruptcy case may proceed despite connections to the locally “legal” marijuana industry remains on the cutting-edge of federal bankruptcy law. Despite the extensive development of case law, significant gray areas remain. Unfortunately, the courts find themselves in a game of whack-a-mole; each time a case is published, another will arise with a novel issue dressed in a new shade of gray. This is precisely one such case. In re: Sandra Mulul, 614 B.R. 699, 701 (Bankr. D. Colo. 2020) (“In re Mulul”).

In

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Last year brought triple-digit growth to Canada’s legal cannabis market. According to the Brightfield Group’s latest “Canadian Cannabis Market” report, this was largely driven by:

Increased brick-and-mortar retail access – especially in Ontario, British Columbia and Quebec;
An expansion in e-commerce and click-and-collect offerings;
Pricing that was more competitive with the illicit market;
Retailers adapting to a pandemic context, helping prompt vast growth despite an unprecedented backdrop of lockdowns and store closures.

– Read the entire article at Forbes.

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On March 31, New York became the 15th state to legalize recreational marijuana after a yearslong campaign to decriminalize the drug. The NYPD has instructed officers not to stop and arrest people if they see them smoking pot in public. New “No smoking of any kind” signs have sprouted along with daffodils and hyacinths along the boundaries of Bryant Park and Herald Square Park.

But New Yorkers can’t rush out and buy a few spliffs at a neighborhood dispensary just yet. And weed dealers who want to scale up and go legit could wait more than a year to get a license. Naturally any new law, especially one as closely watched as the legalization and decriminalization of a historically banned substance that could spur a multibillion dollar agglomeration economy, comes with a lot of questions. Over the next few months, state officials will be writing regulations that will affect what kind of marijuana you can buy, where you can consume it, and who will be able to sell it to you. Many details still haven’t been sorted out yet, but here’s what we know so far.

– Read the entire article at New York Mag.

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POT TV – A look back at Vancouver’s epic 2019 peaceful pot protest, the longest-running annual mass demonstration against corrupt drug laws.

What does weed legalization look like? What does drug war peace look like?

In 2018 Canada’s Cannabis Act legalized marijuana after decades of activist efforts to change the law. The move was framed by political parties as a means to protect children and stop ‘black market criminals’, as opposed to recognizing years of obvious and destructive Reefer Madness propaganda and drug war destruction.

Since 2018 cannabis-related arrests in Canada have decreased, but charges and lifelong criminal records continue. Why?

Look back at Vancouver’s epic 2019 protest, the 25th annual demonstration against corrupt drug laws, and decide for yourself: If cannabis can be used safely by thousands of people simultaneously, why have raids, arrests and lifelong criminal records continued into Canada’s cannabis legalization? Why are programs that offer safer alternatives to deadlier drugs still being blocked by The Cannabis Act? When will legalization look like this?

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CANNABIS CULTURE – And Genocide Against The Herbally Autonomous.

To whom it may concern,  

Regarding your consultation process over problems with the Cannabis Act. In section 7 of the Cannabis Act, it states that “The purpose of this Act is to protect public health and public safety and, in particular, to (a) protect the health of young persons by restricting their access to cannabis; (b) protect young persons and others from inducements to use cannabis; (c) provide for the licit production of cannabis to reduce illicit activities in relation to cannabis; (d) deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures; (e) reduce the burden on the criminal justice system in relation to cannabis; (f) provide access to a quality-controlled supply of cannabis; and (g) enhance public awareness of the health risks associated with cannabis use.” Each of these stated purposes are fraudulent pretexts, hiding the real purpose of the act, which is to set up a cannabis cartel for the rich and privileged.  If the Canadian government really cared at all about protecting “the health of young persons” they would not restrict their access to cannabis, but rather follow the recommendations of the Senate Report of 2002, which recommended the

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Finally, the post that all prospective New York cannabis applicants have been waiting for: an explanation of the Marijuana Regulation and Taxation Act’s (MRTA) license application process.

We ask you to curb your enthusiasm: while the MRTA provides a framework for the license application process, the actual license application (including the license fee) will be created by the Cannabis Control Board (CCB). When? Hopefully in the next few months. The MRTA requires the CCB to deliver its first annual report by January 1, 2023, which means that the MRTA contemplates cannabis sales in 2022.

Instead of walking through the relevant provisions section by section, we thought it would be helpful to answer the questions every prospective applicant has already asked. Here they are:

Where can I obtain a license application?

From the Office of Cannabis Management (OCM). Eventually. As we have repeatedly stressed, the CCB will be creating the rules and regulations for adult use licenses, including the form of the license application. The OCM will be responsible for administering the application process.

What information will be required for a license application?

The MRTA requires the following information to be included as part of the application created by the CCB

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Take your 4/20 celebration to the next level with gourmet food pairings that complement cannabis terpenes.

Cannabis connoisseurs know that the most tantalizing way to enjoy some bud is to pair it with food (a.k.a. munchies). And, the way that a bold red wine complements red meat is the same way a spicy sativa can harmonize perfectly with the creaminess of a good cheese. Cannabis can impart a layer of elevated experiences of the senses through its terpenes—oils that give cannabis strains each its own distinct flavour and aroma, such as sweet, woodsy, fruity or floral—that can match or contrast the flavours in your favourite foods.

To ring in the 50th anniversary of 4/20, we pair our favourite dried flower, pre-rolls and edibles from one-stop cannabis shop, Fire & Flower, with gourmet dishes from the city’s best restaurants. Why not make this 4/20 a little extra?

– Read the entire article at Toronto Life.

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Quebec’s ban on the sale of cannabis-themed products is too broad and inhibits legitimate freedom of expression, the lawyer for a head shop challenging the law argued Thursday.

Michael Chevalier told a Quebec Superior Court judge that the provincial government hasn’t proven banning the sale of all products that reference cannabis is necessary to achieve its goal of preventing the public — particularly young people — from being harmed by the drug.

And he said there need to be exceptions to the sweeping law, which bans the sale of everything from books to apparel and other products with images of cannabis leaves or slogans related to the drug.

– Read the entire article at Toronto Star.

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Two companies that provide data to the hemp industry are embroiled in a trademark dispute. New Leaf Data Services (“New Leaf”) sued PanXchange in Connecticut federal court, alleging that PanXchange’s offer of services under marks such as PANXCHANGE® HEMP BENCHMARKS constitutes infringement of New Leaf’s supplemental trademark registration, HEMP BENCHMARKS (Reg. No. 5079914). The case was eventually been transferred to Colorado.

In its answer to New Leaf’s complaint, PanXchange stated that the HEMP BENCHMARKS trademark is generic. PanXchange noted that Merriam-Webster defines “benchmarks” as “something that serves as a standard by which others may be measured or judged.” As a result, PanXchange claims, “the phrase ‘hemp benchmarks’ is not capable of distinguishing New Leaf’s services.” Consequently, PanXchange is asking the court to cancel’s New Leaf’s registration.

The use of the term “capable” is important, as a supplemental registration only requires that a trademark be capable of distinguishing an applicant’s goods or services. It does not require that the trademark actually distinguish said goods or services.

At heart, this case is about trademark basics, with the hemp connection being largely incidental. Nonetheless, the holding could have implications for other companies in the hemp and cannabis space.

If the court agrees with

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