Author: CannabisNewsWire (CNW)

About CannabisNewsWire CannabisNewsWire (CNW) is an information service that provides (1) access to our news aggregation and syndication servers, (2) CannabisNewsBreaks that summarize corporate news and information, (3) enhanced press release services, (4) social media distribution and optimization services, and (5) a full array of corporate communication solutions. As a multifaceted financial news and content distribution company with an extensive team of contributing journalists and writers, CNW is uniquely positioned to best serve private and public companies that desire to reach a wide audience of investors, consumers, journalists and the general public. CNW has an ever-growing distribution network of more than 5,000 key syndication outlets across the country. By cutting through the overload of information in today’s market, CNW brings its clients unparalleled visibility, recognition and brand awareness. CNW is where news, content and information converge. To receive SMS text alerts from CannabisNewsWire, text “CANNABIS” to 21000 (U.S. Mobile Phones Only) For more information please visit https://www.CannabisNewsWire.com Please see full terms of use and disclaimers on the CannabisNewsWire website applicable to all content provided by CNW, wherever published or re-published: http://CNW.fm/Disclaimer

420 with CNW — Study Suggests CBD-Infused Tampons Could Be Effective Against Menstrual Pain

A recent study published in the “Endometriosis and Uterine Disorders” Journal has unveiled promising results regarding CBD-infused tampons for alleviating menstrual pain and severe cramps. The study’s authors posit that these CBD-infused tampons may present a more favorable option with fewer side effects compared to traditional anti-inflammatory medications, offering a parallel pain-relieving impact.

The research team, comprised of six researchers, noted the following in their report: “The outcomes suggest that CBD-infused tampons hold potential as an effective solution for managing menstrual pain.” They emphasized the necessity for further exploration and research into the product, asserting its potential contribution to addressing primary dysmenorrhea, a condition characterized by painful muscle cramps and spasms affecting between 50% and 90% of menstruating women.

The study examined the relationship between CBD, CB2 and CB1 receptors, claiming that because these receptors are extensively dispersed throughout uterine tissue, they provide an ideal target for the localized administration of cannabinoids to reduce pain. A randomized, placebo-controlled methodology was used to conduct the study, and participants were not informed whether they were using a regular or CBD-infused tampon. Participants self-reported their pain thresholds and general levels of satisfaction.

The study group carefully investigated a number of factors, such as systemic toxicity, vaginal irritation, material-mediated pyrogenicity, sensitization, and possible risk of toxic shock syndrome. They confirmed that every test was passed with success, demonstrating the safety of tampons infused with CBD.

Regarding pain alleviation, the report indicated a noteworthy percentage change, reaching 100% in the last menstruation days. Additionally, the study demonstrated a statistically significant decrease in discomfort during particular days of the menstrual cycle, two hours after tampon application.

Although fewer than 5% of participants reported experiencing irritation as a result of using CBD-infused tampons, between 37% and 40% reported an improvement in their vaginal dryness. Two patients reported vertigo while using the product; however, the symptoms cleared promptly without the need for medical treatment after removing the tampon.

The study’s lead author, Valentina Milanova, who also serves as CEO of Daye, a gynecological research company that claims to offer the first CBD-infused tampon worldwide, stated that the observed alleviation of primary dysmenorrhea throughout the menstrual cycle supports the potential effectiveness of CBD-infused tampons. All authors have financial ties to Daye’s parent company, Anne’s Day Ltd., based in London.

The authors did note the study’s shortcomings, particularly its small sample size, and urged future research and improvements to the research design, including the use of a crossover design to collect full pain data.

Cannabis research is still relatively in its infancy, but as the years go by, much more is likely to be known about the health and wellness benefits of the marijuana products currently commercialized by entities such as SNDL Inc. (NASDAQ: SNDL).

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CNW420 spotlights the latest developments in the rapidly evolving cannabis industry through the release of two informative articles each business day. Our concise, informative content serves as a gateway for investors interested in the legalized cannabis sector and provides updates on how regulatory developments may impact financial markets. Articles are released each business day at 4:20 a.m. and 4:20 p.m. Eastern – our tribute to the time synonymous with cannabis culture. If marijuana and the burgeoning industry surrounding it are on your radar, CNW420 is for you! Check back daily to stay up-to-date on the latest milestones in the fast -changing world of cannabis.

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420 with CNW — Florida GOP Senator Files Medical Cannabis Bill for 280E Relief

Last week, a senator in Florida introduced a measure that would allow licensed medical-cannabis businesses to claim tax deductions. At the moment, legal marijuana businesses in the country aren’t allowed to claim deductions because of section 280E of the IRS code, which bars deductions from being claimed for illicit substances.

Section 280E prohibits businesses from deducting business expenses from gross income linked to the trafficking of Schedule I or II drugs. Currently, marijuana is still classified under Schedule I of the Controlled Substances Act. The measure, filed by GOP senator Ana Maria Rodriguez, would add Florida to a growing list of other states that have established tax parity for the marijuana industry.

The bill would amend the state’s tax code by permitting medical-marijuana operators to claim deductions in amounts equal to expenditure eligible to be claimed as federal income tax deductions. It should be noted that this measure would only extend relief to state medical-marijuana businesses.

Other states that have taken similar steps include Pennsylvania, whose House passed a sweeping tax reform measure in October containing language offering state relief to medical-cannabis businesses. The proposal hasn’t been fully accepted by GOP members, who see it as a giveaway by Democrats to the marijuana industry.

In November, New York’s governor signed a measure offering tax relief to cannabis businesses in the state. This comes after a budget measure enacted in 2022 included provisions to broadly permit state-level marijuana business tax deductions. Maine’s governor had, in August, signed a resolution decoupling state tax from the federal policy for marijuana businesses.

Earlier in June, Connecticut’s governor signed a budget measure that included provisions offering state-level tax relief to licensed cannabis businesses as a workaround for the industry. That same month, the governor of Illinois signed a budget measure that included provisions permitting licensed cannabis businesses to claim tax deductions that they’re currently barred from utilizing under Section 280E. In May, the governor of New Jersey also signed a bill that would permit licensed cannabis businesses to deduct some expenses on their tax returns as a partial fix.

At the congressional level, Representative Earl Blumenauer reintroduced a measure that would amend the code to permit state-legal cannabis businesses to claim tax deductions that are available to businesses operating in other industries. In an interview, Blumenauer explained that allowing state-legal businesses to fully deduct their business expenses would result in additional revenue collection because individuals would comply with the law.

This growing wave of states seeking ways to give the cannabis industry tax relief at the state level could afford enterprises such as TerrAscend Corp. (TSX: TSND) (OTCQX: TSNDF) a breather that allows them to bring more innovative products to the market.

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420 with CNW — Ohio Marijuana Sector in Limbo as Lawmakers Close for the Year

Last week marked the conclusion of the Ohio Senate and House’s final scheduled sessions for the year, yet the anticipated progress on cannabis legislation remained elusive. Despite both chambers convening on Wednesday, no cannabis-related bills were discussed, prompting questions about the proximity of a consensus between the Senate and House on the matter.

Senate president Matt Huffman expressed uncertainty about the progress, noting that it was “challenging to determine. The provisions we endorsed, developed in collaboration with the governor and presented to the House have not received significant feedback.”

In a bipartisan move, the Senate passed HB 86, advocating for a 15% increase in cannabis tax, capping home cultivation at six plants, restructuring revenue distribution and integrating automatic expungement. Governor Mike DeWine urged swift legislative action, emphasizing the urgency for signing the measure into law. However, the House exhibited a less urgent approach, leaving DeWine disappointed.

Although cannabis is legal in Ohio, the absence of legal avenues for recreational purchases remains a challenge. The existing law empowers the state’s commerce department to formulate regulations and issue licenses, a process delayed until at least nine months after Nov. 7, 2023. Consequently, legal cannabis sales in Ohio might not materialize until well into the following year.

HB 86 presents an opportunity to expedite this timeline, allowing Ohioans to access recreational cannabis at dispensaries promptly upon the bill’s enactment. Senate Minority leader Nickie J. Antonio noted the importance of making safe, legal products available as soon as possible.

Huffman expressed concerns that the cannabis legislation’s progress might stagnate, particularly with the looming March 19, 2024, primaries. Fearing a potential delay into April and beyond, Huffman stressed the need for elements in the bill that were agreeable to the House.

Both Huffman and Antonio advocated for a dialogue between the Senate and House to discuss various aspects of the legislation. Meanwhile, House speaker Jason Stephens asserted that cannabis discussions would persist, noting the absence of significant hurdles in reaching a consensus within the chamber.

Three critical components of the proposed cannabis law include determining permissible usage locations, issuing licenses and outlining revenue utilization. State Representative Jamie Callender introduced HB 354, clarifying certain aspects of Issue 2. The bill maintains the existing home cultivation limits and specifies that cultivation must occur at a residential address.

As legislative discussions continue, with HB 354 undergoing three hearings in the House Finance Committee, the Senate and the House are scheduled to reconvene next month. Established cannabis companies such as Green Thumb Industries Inc. (CSE: GTII) (OTCQX: GTBIF) are likely to follow how matters evolve in this latest state to legalize recreational marijuana.

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420 with CNW — Investment Bank Expects Cannabis to Draw Millions of Customers from Alcohol

Analysis by a multinational investment bank has found that cannabis has grown into a “formidable competitor” to alcohol and will draw tens of millions of users over the next five years while alcohol loses several million drinkers. The TD Cowen analysis estimates that marijuana sales will hit a whopping $37 billion in 2027 as more states legalize cannabis and launch legal sales.

Alcohol has been the main drug of choice for most Americans for nearly a century, but the beverage has been fielding increasing competition from cannabis in recent years. With 24 states legalizing recreational cannabis so far, tens of millions of Americans now have access to legal cannabis. Several more states are considering cannabis reform and will most likely legalize the drug over the decade, increasing access to marijuana to even more Americans.

TD Cowen’s Cannabis Beats Booze report notes that the cannabis category will gain 19 million past-month consumers over the next five years while the alcohol category will lose two million. Lead of the analysis team Vivien Azer says the report adds to a growing body of market research that has consistently pointed to cannabis as a disclocator to alcohol sales. She said the team was surprised to see an “even greater underperformance” in the alcohol category in states with legal cannabis markets.

Although alcohol sales are still far ahead of cannabis sales, analysts say the beverage faces a risk of decline as an increasing number of consumers, especially younger people, are substituting alcohol with alternatives such as cannabis. Prior studies have found that younger populations are drinking less alcohol and using substitutes such as cannabis and psychedelics.

The report estimated that states such as Ohio and Minnesota, which recently legalized recreational cannabis but are yet to implement cannabis laws, could bring in an additional $37 billion in sales in 2027.

Alcohol companies may have little trouble navigating the evolving customer trends in the short-term, but certain brands likely face “competitive challenges” in the medium- and long-term.

TD Cowen says alcohol would keep underperforming in states with legal cannabis markets with beer being the most at-risk beverage. On average, TD Cowen notes, the number of drinks taken on given occasions is lower in legal cannabis states.

Despite the impact cannabis legalization seems to have had on alcohol consumption in legal states, Azer doesn’t see alcohol companies entering the marijuana market until there is meaningful administrative or legislative regulatory change at the federal level.

As more people opt for marijuana in lieu of alcohol, cannabis product demand will increase, and ancillary entities such as Innovative Industrial Properties Inc. (NYSE: IIPR) could also see their businesses grow as a result of this boom.

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420 with CNW — Interest in Growing Cannabis Grows in Ohio After Legalization Law Takes Effect

Ohio became the 24th state to legalize recreational cannabis in America after a voter-approved recreational marijuana initiative took effect. But, even though adults aged 21 years and older are now allowed to possess up to 2.5 ounces of cannabis flower and 1.5 grams of marijuana extract, the state has no authorized cannabis retailers.

Additionally, the state Division of Cannabis Control won’t start to process cannabis retailer applications until June 2024, meaning Ohio residents won’t have an avenue for legal adult-use purchases until late summer or even early fall.

The silver lining is that the cannabis legalization measure allows eligible Ohioans to cultivate up to six cannabis plants per household. Although the measure allowed up to 12 plants for a home with more than one eligible adult, a state senate bill reduced this limit to just six plants for every household. Ohio Governor Mike DeWine argued that the six plants per household allowed by Issue 2 were already more than a single person could consume alone.

For most Ohioans who want to consume cannabis in the meantime, home growing is the only legal means of doing so. Cannabis plants are fast growing and take three to four months to mature and bud. According to Cali Vybe Hydroponics from Finneytown, many more people have expressed interest in its products since Issue 2 passed and legalized recreational cannabis in Ohio.

For many, home cultivation provides a way to avoid pricey cannabis products from licensed shops and reduces the risk of consuming contaminated marijuana. Ohio Department of Commerce director Sherry Maxfield estimates that a mature homegrown cannabis plant can produce between 75 and 100 joints, meaning a sophisticated grower can yield significant cannabis in just a single year.

The fact that Ohio doesn’t have any authorized cannabis sellers despite legalizing recreational cannabis worries Senate President Matt Huffman because it could open the door for illicit sellers to carve out a market for themselves. Most states with cannabis markets, including California, which has the largest legal cannabis market on the globe, are struggling to compete with the cannabis black market.

Without a place to buy legal cannabis, many Ohioans may opt for the black market, especially since Issue 2 allows landlords to prohibit home-cannabis cultivation on their properties if it is specified on the lease. Cannabis from licensed sellers is several times more expensive than black-market marijuana due to numerous fees and taxes, resulting in reduced legal sales and a bountiful cannabis black market.

As this new market takes shape, it could easily attract established companies such as Curaleaf Holdings Inc. (CSE: CURA) (OTCQX: CURLF) that may be considering expanding into additional markets.

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Lexaria Bioscience Corp. (NASDAQ: LEXX) Provides Superior Drug and API Delivery with Patented DehydraTECH Technology

Lexaria, a global innovator in drug delivery platforms, has made incredible strides in 2023, most recently seeing interim results from its human pilot study evaluating its DehydraTECH(TM) technology for the oral delivery of GLP-1 drug, semaglutide
The company has also grown its patent portfolio to 37, with many others pending worldwide
For 2024, the company expects to maintain the same momentum, building on the success and achievements, and plans to double down on licensing its technology

Lexaria Bioscience (NASDAQ: LEXX), a global innovator in drug delivery platforms, in this past year, has demonstrated growing success in providing healthier delivery methods of drugs and other Active Pharmaceutical Ingredients (“APIs”), facilitated by its patented DehydraTECH(TM) technology. This has been driven by the company’s research efforts throughout 2023 and ambitious plans for 2024.

“This is a remarkable achievement that speaks to the capabilities of the DehydraTECH technology and also to the Lexaria R&D team, working ardently with scarce resources relative to global multi-billion-dollar behemoths,” noted Chris Bunka, Lexaria’s CEO (https://cnw.fm/OD1xJ).

So far in the 2023 calendar year, Lexaria has realized interim results from its human pilot study evaluating DehydraTECH for the oral delivery of glucagon-like peptide-1 (“GLP-1”) drug, semaglutide. It also held a successful pre-Investigational New Drug (“IND”) meeting with the U.S. Food and Drug Administration (“FDA”) that would set the stage for its application in 2024 and the ultimate approval of its DehydraTECH-processed CBD. Lexaria also grew its patent portfolio to 37, with many other patents pending worldwide (https://cnw.fm/LY30U).

Entering 2024, the company plans to maintain the same momentum. Within the first quarter of the 2024 calendar year, it plans to file its Phase 1(b) Investigational New Drug (“IND”) application with the FDA for DehydraTECH-processed CBD as a prospective registered treatment for hypertension. It also plans to commence patient dosing for this study and conduct animal and human clinical studies to examine DehydraTECH-processed GLP-1 drugs used in products alone or with DehydraTECH-CBD.

Lexaria also plans to double down on licensing its technology, particularly since it promises a substantial commercial opportunity. Its exclusive global collaboration and license agreement with SulfoSyn Limited, for instance, will allow the company to generate revenue from its DehydraTECH technology while also further demonstrating its versatility and overall effectiveness in applications across the board (https://cnw.fm/1T7WG). So far, the technology has proven applicable in cannabinoids, oral nicotine, diabetes and weight loss, PDE5 inhibitors, and antiviral drugs, among others.

With the steps taken so far, Lexaria is projected to post a 259% year-over-year (“YOY”) revenue growth for 2024 and a 20% YOY growth for 2025, according to a Zacks SCR report (https://cnw.fm/Z0LWX). This growth progression will largely depend on the ultimate approval and commercialization of products utilizing DehydraTECH, which is currently on track.

For more information, visit the company’s website at www.LexariaBioscience.com.

NOTE TO INVESTORS: The latest news and updates relating to LEXX are available in the company’s newsroom at https://cnw.fm/LEXX

About CannabisNewsWire

CannabisNewsWire (“CNW”) is a specialized communications platform with a focus on cannabis news and the cannabis sector. It is one of 60+ brands within the Dynamic Brand Portfolio @ IBN that delivers: (1) access to a vast network of wire solutions via InvestorWire to efficiently and effectively reach a myriad of target markets, demographics and diverse industries; (2) article and editorial syndication to 5,000+ outlets; (3) enhanced press release enhancement to ensure maximum impact; (4) social media distribution via IBN to millions of social media followers; and (5) a full array of tailored corporate communications solutions. With broad reach and a seasoned team of contributing journalists and writers, CNW is uniquely positioned to best serve private and public companies that want to reach a wide audience of investors, influencers, consumers, journalists and the general public. By cutting through the overload of information in today’s market, CNW brings its clients unparalleled recognition and brand awareness. CNW is where breaking news, insightful content and actionable information converge.

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420 with CNW — Feds Pour Cold Water on Efforts by Georgia to Sell Medical Cannabis in Pharmacies

Georgia’s ambition to become the first state to allow pharmacies to distribute medical-cannabis products faces a setback as the DEA issued a stern warning. On Nov. 27, 2023, the agency cautioned pharmacies that dispensing medical cannabis violates federal law, urging Georgia to reconsider its plans.

The state’s pharmacy board, which initiated the acceptance of applications for dispensing medical cannabis products in October, has already granted licenses to 23 pharmacies in the state. The state’s medical marijuana commission, GMCC, acknowledges the federal directive. Despite state law permitting pharmacies to dispense medical marijuana, the commission, under the leadership of Andrew Turnage, cannot override the federal warning. Turnage expressed the state’s desire to continue allowing pharmacists to provide consultations for medical marijuana, paralleling their role with other medications.

According to the DEA’s memorandum to pharmacies, handling or dispensing cannabis or related products containing more than 0.3% THC is deemed unlawful. While Georgia allows medical-cannabis patients to purchase cannabis products containing up to 5% THC, the agency categorizes products exceeding 0.3% THC content as illegal under federal law.

Since 2015, Georgia has permitted patients with certain illnesses, sanctioned by physicians, to possess and consume low-THC medical-marijuana products. However, legal acquisition of the product within the state’s borders only became possible in April this year.

Nationwide, 24 states have legalized cannabis for recreational use, and an additional 23 allow medical marijuana, according to the National Conference of State Legislatures.

The recent DEA notice, disseminated online by the anti-legalization group Smart Approaches to Cannabis, prompted varied reactions. Some responses, such as the one from Ira Katz of Little Five Points Pharmacy, indicate pharmacies should be allowed to dispense medical-cannabis products akin to marijuana dispensaries. Conversely, Mahlon Davidson, interim CEO of the Georgia Pharmacy Association, expressed skepticism about independent pharmacists jeopardizing their businesses by contravening the DEA’s directives.

Opponents of recreational and medical cannabis legalization argue that the DEA’s directive serves to protect consumers and allows for further research. Michael Mumper, executive director of the nonprofit Georgians for Responsible Cannabis Policy, emphasized the trust consumers place in drugs dispensed from pharmacies, highlighting FDA approval and federal legality, aspects he contends are lacking in medical cannabis.

The federal perspective might transform with a recent proposal seeking to ease restrictions on cannabis. The HHS recommended removing cannabis from Schedule I to Schedule III in August. The decision on this currently lies with the DEA, which is in charge of controlling substance classification in the United States.

The success of pharmacies in Georgia selling medical cannabis could have provided an interesting channel that would have interested other marijuana entities such as Cronos Group Inc. (NASDAQ: CRON) (TSX: CRON) and other states looking to improve their cannabis markets.

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420 with CNW — Governor Enacts Law Permitting Cannabis Cultivators to Sell to Patients Directly

Last week, Pennsylvania’s governor signed a measure that would allow all licensed medical cannabis grower-processors to sell their products directly to consumers. This came just days after the Senate approved the measure, which had been amended to grant independent dispensaries grower permits.

Under the bill, the state’s health department will establish a process that allows the 10 independent cannabis grower-processors in the state to apply to acquire dispensary permits for direct commerce. In addition to this, the four independent dispensaries in the state can also obtain permits to grow products in-house.

The bill, sponsored by Senator Chris Gebhard, replaces current regulations that prohibit more than five of the twenty-five grower-processor license holders in the state from holding dispensary licenses.

Under the current law, other holders of the grower-processor licenses have to sell their products to licensed dispensaries so that they can, in turn, be sold to patients. This had given some operators dominance over the state’s medical cannabis industry. With these new changes, it is expected that almost $2 million in revenue from permit and application fees will be generated. In the coming years, Pennsylvania should expect to generate roughly $90,000 a year from the same. Part of this revenue will be allocated to the Department of Health to offset administrative costs.

One provision in the resolution will prohibit licensees from permit transfers, which legislators argue will help prevent bigger companies from buying up permits and gaining monopoly over the market.

It is expected that Pennsylvania may soon legalize the recreational use of marijuana, just as other states in the region have done. Last month, voters in the state of Ohio legalized adult-use marijuana following the passage of the Act to Control and Regulate Adult Use Cannabis. The new measure, which went into effect earlier this month, will permit individuals aged 21 and older in the state to legally use and purchase the drug. Other states, such as New Jersey, legalized adult-use marijuana years ago.

A House committee in Pennsylvania recently held a second informational hearing on cannabis legalization as the call to enact reform continues to grow. Governor Josh Shapiro as well as U.S. Senator John Fetterman stated that the time had come for the state to make the change. Two bipartisan legislators are already looking for cosponsors to support their cause. The legislators, Senators Sharis Street and Camera Bartolotta, recently presented a resolution that would decriminalize cannabis and make simple possession a civil offense instead of a misdemeanor crime.

The ongoing evolution of the cannabis landscape in Pennsylvania is likely to be seen by the industry and leading companies in other jurisdictions such as Cresco Labs Inc. (CSE: CL) (OTCQX: CRLBF) as steps in the right direction.

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CannabisNewsBreaks – Lexaria Bioscience Corp. (NASDAQ: LEXX) Leveraging Commercial Viability of DehydraTECH(TM) in Aggressive Patent Application Push

Lexaria Bioscience Corp. (NASDAQ: LEXX), a global innovator in drug delivery platforms, is eyeing growth in license revenue from its intellectual property (“IP”). “So far, Lexaria has received 37 granted patents globally, with many pending. The company is aggressively pushing its patent application process as it recognizes the viable commercial application of its flagship technology. In addition, the company understands that successfully granted patents can lead to an increase in shareholder value as a recognized growing market leader,” a recent article reads. “‘Because of the applicability of DehydraTECH to many market sectors across the globe, we have taken the necessary steps to protect that intellectual property internationally,’ notes the company’s 2022 Form 10-K annual report. Lexaria’s patent portfolio currently spreads across the U.S., Australia, Japan, Mexico, the European Union, Canada and India. Its strategic approach of filing for applications in lucrative markets is a move to maximize potential revenue for years to come, mainly since out-licensing is a significant revenue stream for the company. DehydraTECH applications have shown that it can be applied in the consumer-packaged goods industry and the drug and pharmaceutical sectors.”

To view the full article, visit https://cnw.fm/4VDCn

About Lexaria Bioscience Corp.

Lexaria’s patented drug delivery technology, DehydraTECH(TM), improves the way active pharmaceutical ingredients (“APIs”) enter the bloodstream through oral delivery. Since 2016, DehydraTECH has repeatedly demonstrated the ability to increase bio-absorption with cannabinoids, antiviral drugs, PDE5 inhibitors and more. DehydraTECH has also evidenced an ability to deliver some drugs more effectively across the blood brain barrier. Lexaria operates a licensed in-house research laboratory and holds a robust intellectual property portfolio with 37 patents granted and many patents pending worldwide. For more information, visit the company’s website at www.LexariaBioscience.com.

NOTE TO INVESTORS: The latest news and updates relating to LEXX are available in the company’s newsroom at https://cnw.fm/LEXX

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420 with CNW — Employee Cannabis Protections Law to Take Effect in California Next Year

California workers will soon enjoy official safeguards against discrimination related to their off-duty and off-site marijuana use following a change to the state’s Fair Employment and Housing Act, known as AB 2188, greenlit by Governor Gavin Newsom on Sept. 18, 2022, and set to take effect at the start of 2024.

Under the legislation, employers are barred from refusing employment, penalizing or terminating individuals based on their use of marijuana products outside of working hours.

Despite California’s pioneering move in 1996 to legalize medical cannabis and its subsequent approval of recreational use in 2016, AB 2188 stands out as the state’s inaugural law explicitly extending workplace protections to cannabis users, regardless of the purpose. AB 2188 introduces provisions that render employers unable to hold an applicant’s past cannabis use against them. Crucially, the measure shifts the focus of employment-related drug testing toward identifying impairment during work hours or on the premises, distancing itself from scrutinizing historical marijuana consumption.

Moreover, the new legislation outlaws inquiries into an applicant’s cannabis use history, preventing employers from delving into this aspect during the hiring process. This marks a significant departure from previous norms, where employers retained the right to discipline individuals for off-duty recreational and medical cannabis use.

For instance, if an individual engages in recreational cannabis use during their leisure time over the weekend and arrives at work on Monday, employers cannot penalize them based on their weekend marijuana consumption. AB 2188 heralds a departure from the previous legality of such punitive measures.

However, AB 2188 does carve out exceptions to these protections, allowing employers to regulate cannabis use during working hours. Specifically, the bill stipulates that employees are not permitted to possess, be under the influence of or use marijuana while on the clock. The legislation also emphasizes that its provisions do not impinge upon an employer’s prerogative to maintain a drug- and alcohol-free workplace.

Certain sectors, such as construction and building trades, along with employees or applicants seeking federal jobs requiring clearance from the Defense Department, may still face employment denial or disciplinary actions for marijuana use outside of work.

Anticipating the implementation of these restrictions, employers are urged to review and adjust their antidiscrimination and drug-use policies. Those covered by the legislation intending to conduct cannabis tests must ensure that their testing programs exclusively target psychoactive cannabis components. Employers are further encouraged to stay abreast of any pertinent updates to their policies, particularly concerning criminal background checks.

The implementation of this law in California brings the Sunshine State at par with jurisdictions where firms such as Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED) operate and adults are protected from job losses or other sanctions resulting from using marijuana while off-site or off-duty.

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