420 with CNW — Survey Suggests Most American Teens Are Shunning Alcohol, Tobacco, and Marijuana

Drug use in teenagers has not returned to pre-pandemic levels, according to findings from a recent survey.

This year, nearly two-thirds of high school seniors reported abstaining from e-cigarettes, cannabis, alcohol, or cigarettes over the past month. This marks the highest abstinence rate since the annual nationwide survey began tracking this data in 2017.

Additionally, 80% of students in grade 10 said they had not used any of these substances recently, setting another record. Ninety percent of those in grade 8 said they did not use any of the substances, which is the same percentage as in the prior study.

The only notable rise in substance use was in nicotine pouch consumption, with approximately six percent of high school seniors using them in the past year, up from about three percent in 2023. However, it’s uncertain if this indicates the start of a larger trend. Richard Miech, the lead researcher for the survey conducted by the University of Michigan, commented, “It’s difficult to determine whether this is the beginning of a broader issue or not.”

The Monitoring the Future, funded by the federal government, has been collecting data since 1975. This year’s results are based on responses from roughly 24,000 students in grades 12, 10, and 8 across the U.S.

During the pandemic, schools shifted to remote learning, and gatherings like parties were discouraged. With teens staying home under parental oversight, experimentation with substances dropped significantly. Experts suggest that peer pressure, often experienced in group settings, plays a key role in initiating substance use.

When restrictions were lifted, many anticipated a partial return to previous levels of use. However, even before COVID-19, rates of drinking, smoking, and the use of certain drugs had been declining. Analysts attributed this trend to teenagers spending more time at home and connecting with peers through smartphones rather than in social gatherings, where substance use might occur.

Interestingly, cannabis and vaping, which had been increasing before the pandemic, also saw declines during this period—declines that have persisted since. Some analysts speculate that the lockdowns disrupted a cycle where older students introduce substances to younger ones. Teens who were in grade 9 during the pandemic may have missed opportunities to experiment, which also limited their influence on younger peers, according to Miech.

Mental health might also have contributed. Reports of anxiety and depression surged among teens during the pandemic. While depression can sometimes lead to substance use, some anxious teens avoid drugs, fearing their effects.

This survey dampens prohibitionists’ argument that legalizing marijuana and licensing companies like Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) would result in a spike in underage users of this substance.

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CNW420 spotlights the latest developments in the rapidly evolving cannabis industry through the release of an article each business day at 4:20 p.m. Eastern – a tribute to the time synonymous with cannabis culture. The 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. 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 Measure to Legalize Recreational Marijuana Fails to Garner Supermajority

A ballot initiative to legalize marijuana for recreational use in Florida failed Tuesday, receiving 55.9% of the vote but falling short of the 60% threshold needed to amend the constitution.

The initiative, known as Amendment 3, sought to allow adults over 21 to purchase cannabis for adult use from already-existing medicinal dispensaries, with the potential to extend to other retailers if the Legislature approved.

The primary financial backing for Amendment 3 came from Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), Florida’s leading medical cannabis company, which contributed approximately $145 million to the campaign. This made up the great majority of the campaign’s $153 million budget as of October.

However, opposition was strong, with Governor Ron DeSantis and the Florida Republican Party voicing concerns. DeSantis argued that legalization would have a detrimental effect on people’s quality of life, including worries about possible marijuana-related odors.

In South Dakota and North Dakota, similar efforts to legalize recreational cannabis were also underway but did not gain enough support. The two states have now voted on recreational cannabis measures three times, with each attempt failing to pass.

Meanwhile, Nebraska voters took a different direction, approving two measures—Initiative Measures 438 and 437—to permit and regulate medical cannabis. Measure 437 passed with 70.7% support and allows individuals with a healthcare provider’s recommendation to use and possess up to five ounces of medical cannabis.

Measure 438, garnering 66.9% support, establishes a regulatory framework for the medical cannabis industry in Nebraska, including the creation of the Nebraska Medical Marijuana Commission. The measure authorizes registered private entities to manufacture, distribute, and dispense medical cannabis.

As of the time of the 2024 elections, recreational marijuana had been legalized in 24 states and D.C., covering about 53% of the U.S. population. Additionally, 38 states and D.C. had laws permitting medical cannabis use. Despite these state-level policies, cannabis remains illegal at the federal level, where possession and sales are still subject to legal penalties, including fines and prison time.

Other states had a range of measures on their ballots that went beyond cannabis legislation. Some states passed amendments to prohibit non-U.S. citizens from voting, and Arizona passed a measure allowing local law enforcement to implement immigration laws. Various other proposals addressed taxes, wages, and educational policies. For example, school choice initiatives were considered but ultimately failed in Nebraska and Kentucky.

Many of the measures were brought to the public through citizen petitions, bypassing state legislatures, while others were introduced by legislators.

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420 with CNW — Benzinga Cannabis Conference Shows How Businesses Are Struggling in the Legal Grey Area

Last week’s Benzinga cannabis conference, held in downtown Chicago, offered a glimpse into an industry that is anxiously awaiting full legal recognition.

The event seemed, at first appearance, to be very similar to most business conferences. There were notably fewer women in the gathering than men, who made up the majority of those in suits. While many participants left with complimentary T-shirts or tote bags, there was no overt smell of cannabis in the venue. However, it was more difficult to locate actual cannabis on-site.

Most of the people present had experience in traditional corporate settings before transitioning into the marijuana space. Many had backgrounds in industries like alcohol, law, or medicine. Surprisingly, several marijuana company CEOs admitted they had never personally tried marijuana until they began working in the industry.

The conference covered a variety of topics, from taxation to lobbying efforts. However, speakers occasionally touched on the reality that thousands of individuals have been imprisoned for participating in the illegal cannabis trade. These individuals, who are often left out of the conversation, would likely never get to attend such events.

In addition to broader legal challenges, the inconsistency of cannabis regulations across different states also poses significant hurdles for the sector.

For instance, designer Dang Nguyen of The Packaging Company shared that he often has to create multiple versions of the same packaging to meet diverse state cannabis requirements. Some states mandate that warning labels cover a significant portion of the package design, while others prohibit the use of bright or attractive colors on packaging.

The complex regulatory environment has even given rise to new industry sectors. Certainty Labs’ creator, Brandy Young, launched her company when recreational marijuana became legal in New York. Her lab specializes in third-party testing, which is required by law to guarantee that marijuana products have proper potency labels and do not contain harmful levels of contaminants like heavy metals or pesticides.

However, Young pointed out that labs face criticism from both within the industry and from consumers. “Regulators place us in a role where we’re seen as policing the industry, but that’s not our purpose,” she explained. On top of that, labs can lose credibility with consumers due to incidents like a recent exposé by the Los Angeles Times, which revealed that some marijuana products contained harmful chemicals that did not show up in lab tests.

For many marijuana businesses struggling to stay afloat, the hope is that federal legalization could bring financial security and stability. However, according to some experts, this could come with its own set of problems, such as higher taxes. Nonetheless, the entire industry, including firms like Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), would appreciate a uniform regulatory structure across the country.

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420 with CNW — IRS to Keep Applying 280E Until Marijuana Reclassification Completed

The U.S. Internal Revenue Service (IRS) intends to continue seeking tax payments from cannabis businesses that have taken deductions in anticipation of possible federal changes, according to an attorney with the agency. Even if marijuana is rescheduled federally, the IRS could theoretically seize assets from marijuana companies that fail to meet their tax obligations.

Luke Ortner, IRS senior counsel, spoke about the possible effects of rescheduling marijuana from schedule 1 to 3 under the Controlled Substances Act (CSA) in a recent discussion at the American Institute of Certified Public Accountants (AICPA) marijuana conference in Denver.

The change, if enacted, would allow state-approved marijuana businesses to take advantage of federal tax deductions, which they have been unable to do under IRS code 280E.

Although the rulemaking process is still ongoing, some larger cannabis companies have already started to claim deductions. For instance, cannabis giant Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) revealed in January that it had received $113 million in refunds for 280E. Ascend Wellness and TerrAscend have also stated that they expect comparable reimbursements.

The IRS noted that the 280E rule remains in effect until a final rule is implemented, a point Ortner reiterated during the conference. He further emphasized that even if marijuana is rescheduled, the IRS would continue to enforce 280E for past tax years, meaning cannabis companies would still be liable for previous unpaid taxes.

Several businesses and industry participants have presented legal defenses for their 280E tax deduction claims. They have argued, for example, that the policy shouldn’t apply in cases where cannabis-related activities are only conducted within a state.

Ortner stated that there are currently pending legal challenges that may affect the IRS’s future approach to these problems. For the time being, however, the IRS position remains unaltered, and it will work to recoup any payments made in violation of 280E. Ortner assured the accountants that those working with state-licensed marijuana businesses would not face penalties for helping the organizations file tax returns.

Ortner also brought up another possible effect of reclassification, despite the optimism of many in the cannabis industry that rescheduling will eventually treat their businesses like other traditional ones, at least in terms of tax policy. The IRS might be better equipped to enforce tax collection against businesses that don’t fulfill their commitments if marijuana is placed on schedule 3.

Currently, with cannabis classified as a schedule 1 drug, the IRS has largely deferred enforcement to the U.S. Drug Enforcement Administration (DEA) and has not aggressively pursued companies that are not compliant with tax laws. However, Ortner noted that this could change with reclassification.

However, rescheduling is not assured. Before making any judgments, the DEA is anticipated to hold a hearing in December 2024 to obtain additional feedback regarding the suggested reform.

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420 with CNW — Cannabis Stocks Retreat as Rescheduling Hearing Slated for December

The U.S. marijuana industry, valued at $32.1 billion, entered Labor Day weekend for the second consecutive year with significant developments regarding the Biden administration’s attempts to change marijuana’s classification. Despite this milestone, the reaction has been one of disappointment rather than celebration, following the recent announcement that a crucial hearing about cannabis rescheduling won’t take place until December. This delay led to frustration and a slight dip in cannabis stock values.

Last year, the industry had a more optimistic outlook during this period as federal health regulators had recommended recognizing cannabis as medicine, a major step forward in marijuana reform. However, this year brings a less favorable situation as Anne Milgram, chief of the U.S. Drug Enforcement Administration (DEA), issued a notice in the Federal Register announcing a Dec. 2, 2024, hearing, signaling that the rescheduling of marijuana is unlikely to occur before 2025. Consequently, cannabis businesses will need to wait a while longer for potential tax relief at the federal level.

Representative Earl Blumenauer, cochair of the Congressional Marijuana Caucus, expressed his dissatisfaction, accusing the DEA of holding up progress on a matter that the White House considers important. On the other hand, some observers, such as Shawn Hauser of the legal firm Vicente, say they expected these kinds of delays and pointed out that a hearing was always a real possibility.

Blumenauer’s disappointment mirrors the sentiments of many in the marijuana industry, including prominent entities such as Green Thumb CEO Ben Kovler, who voiced his frustration on social media. The market responded accordingly, with Green Thumb’s stock dropping by more than 8.5%, while other major cannabis companies, including Curaleaf Holdings, Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) and Verano Holdings, experienced similar declines.

The cannabis community’s disappointment spilled onto social media, with industry leaders and advocates expressing their discontent with President Biden, Milgram and even among themselves. Speculation also arose that a potential Republican presidential win, particularly by Donald Trump, could undo the rescheduling process. However, these are only rumors with no factual backing.

Industry insiders, including lobbyists, lawyers and some marijuana executives argue that the December hearing should not be surprising, emphasizing that the rescheduling process initiated by Biden’s executive order in October 2022 remains on track.

The final rule publication will follow the administrative law judge’s hearing, although no specific timeline is mandated by the Administrative Procedure Act. Barring any extended legal challenges, a final decision could still be made before Biden’s term ends on Jan. 25, 2025.

The specifics of who will participate in the December hearing remain unclear. As the industry prepares its case, experts anticipate a showdown with familiar opponents such as Smart Approaches to Cannabis.

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420 with CNW — Federal Researchers Look into Game-Changing Way to Detect Recent Cannabis Use in Breath

Federal authorities are adopting a new strategy to assess recent marijuana use by revising protocols for analyzing THC breath samples. The initiative is part of continuing efforts to improve the accuracy and reliability of cannabis impairment field testing, particularly in drivers.

Researchers from the University of Colorado and the National Institute of Standards and Technology (NIST) propose that using two breath tests within an hour could be more effective than relying on a single test. They aim to determine if this method could be developed into a practical field test.

One of the biggest obstacles to marijuana legislation has been figuring out whether recent cannabis usage would have impaired someone, especially a driver. The tests available now can identify THC use days or even weeks after intake, but they are not very accurate at measuring recent use that might suggest impairment.

According to NIST, roadside sobriety tests, such as heel-to-toe walking or phrase repetition, are typically employed by law enforcement officials in case they suspect a driver of being under the influence of cannabis. However, a recent study found that these tests can result in false positives because they were not intended to identify cannabis impairment.

The new pilot study, funded through a $1.5 million agreement between the National Institute of Justice (NIJ) and NIST will recruit around 45 participants aged 25 to 50 from the Boulder and Denver areas of Colorado. Participants will be divided into two groups: one using THC-dominant marijuana flower and the other using THC concentrates. Participants will buy and consume the goods themselves at home because federal regulations prohibit researchers from obtaining cannabis from shops.

Participants will go to a nearby mobile pharmacology lab after cannabis consumption. They will have 10 breath tests during a two-hour period, at predetermined intervals. The gathered breath samples, blood tests and questionnaires about their cannabis use will all be examined for THC and other cannabinoids.

In addition to this study, NIST has been actively engaged in investigations to improve the precision of cannabinoid testing in hemp and marijuana. In 2020, the organization introduced the Cannabis Laboratory Quality Assurance Program (CannaQAP). It followed up on earlier results about moisture content, the presence of heavy metals and toxins, and the THC content in plant materials with the issuance of a paper earlier this year.

However, some experts, including a researcher from the U.S. Department of Justice (DOJ), have voiced concerns over the existing method of cannabis impairment testing. The researcher proposed that measuring a person’s systemic THC content might not be the most accurate method of assessing impairment for driving. Cannabis impairment may necessitate a whole new approach, in contrast to alcohol, where blood alcohol content is a reliable signal.

If this new way of testing for marijuana impairment proves to be a reliable method, the entire cannabis industry, including entities such as Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), is likely to welcome that development because it would address one of the longstanding sources of misplaced complaints about marijuana legalization by prohibitionists who claim that road crashes will increase even if no substantive evidence suggests this is the case.

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420 with CNW — Marijuana Companies Are Incorporating Reused Inputs in Packaging

While quantifying the exact amount of waste produced by the regulated cannabis sector is challenging, it’s evident that the waste generated is substantial. According to the National Cannabis Industry Association, cannabis byproducts in landfills contribute to an increase in carbon emissions of about 27,876 metric tons annually.

Additionally, a 2020 study indicated that the U.S. marijuana industry produced approximately 1,754 tons of fresh and 520 tons of dry-weight trash that year. This figure does not even include packaging waste, which could potentially surpass the estimated biomass waste.

Disposable vaporizers have become increasingly popular in the last few years due to their affordability, portability, ease of use and attraction to cannabis tourists. They accounted for 15% of all vape pen purchases in Canada and 29% in the United States in the first three months of 2024, according to Headset, a Seattle-based marijuana analytics company. Despite their convenience, these products contribute significantly to landfill waste due to their flammable batteries and nonbiodegradable plastics.

In response to the waste problem, some marijuana companies are exploring more sustainable solutions. In April, PAX Labs, based in San Francisco, introduced the PAX Trip, the company’s first product created from recycled and repurposed ocean plastic. Initially launched in Massachusetts and California, the PAX Trip is expected to expand to New York and Colorado. The company collaborated with rePurpose Global to certify all of its products as plastic negative. For every unit of plastic used, PAX funds the removal of twice that amount of plastic from the environment.

Other major players in the industry are also adopting sustainable packaging practices. In October, Canadian marijuana company Tilray Brands announced it had begun converting some of its product components and packaging to hemp to reduce single-use plastics. Tilray has diverted almost 131,000 kg of plastic garbage since the program’s inception, and its Good Supply brand has stopped nearly 925,000 kg of plastic from ending up in landfills.

In 2021, Oregon-based Wyld, a competitor of Wana Brands for the top market share in gummies, unveiled a compostable bag to conform to Canadian market laws. Wyld has extended its ecofriendly packaging to several of its CBD and marijuana-infused products in the American market. Additionally, in 2022, the company released the Good Tide brand, which employs entirely compostable and recyclable paper tubes, some of which have a compostable lining to retain freshness.

Startups such as Ecoshell, previously known as Spark Sourcing, are also developing innovative solutions to reduce carbon emissions and plastic use. The company is currently evaluating unique packaging designs from three different cannabis companies. Ecoshell, a Canadian company based in New Brunswick that caters to the North American sector, debuted a patented substance mainly composed of eggshells in October. This substance can replace up to half of the plastic component in various items after going through a seven-step process to turn it into pellets.

Coast Cannabis Co., an edibles manufacturer located in Massachusetts, teamed up with AE Global to produce environmentally friendly packaging made from recycled ocean plastic. Coast also introduced a marijuana-infused chocolate bar packaged with recycled ocean plastic in June. AE Global focuses on reducing plastic waste by making investments in international waste-management infrastructure. The company provides the cannabis market with specialized supply, labeling and packaging options.

With leading cannabis companies such as Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) crunching the numbers and seeing options that minimize waste can also be cost effective, the reputation of the industry as one that generates significant waste could change.

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420 with CNW — Curaleaf, Other MSOs Switching to Hemp-Sourced THC

Curaleaf Holdings had decided to step away from hemp. The New York-based cannabis multistate operator initially ran a hemp farm in Lexington, Kentucky, for its CBD product line starting in 2018. According to its annual filings, Curaleaf terminated its lease, stopped all hemp-related manufacturing and wholesale operations in Kentucky by the end of September last year and listed its assets for sale.

However, Curaleaf recently reentered the hemp business, following a larger cannabis industry trend for licensed businesses. The company introduced a new range of THC-derived hemp products on June 24, 2024, under The Hemp Co. brand.

The hemp-based, shelf-stable intoxication products, including drinks, candy and other items bearing the Curaleaf brand, are legal across 25 state lines and can be purchased online and through well-known retailers such as DoorDash.

Matt Darin, Curaleaf CEO, stated that there wasn’t a single “eureka moment” that influenced the company’s decision. According to him, spending time with legislators in Washington, where Farm Bill 2018 unintentionally legalized a national trade in hemp-derived THC, highlighted a key point: hemp is legal at the federal level, while cannabis is not.

Despite Curaleaf’s strong advocacy for marijuana reform, this legal distinction significantly influenced the company’s strategy. The shift mirrors a broader industry trend of large MSOs embracing hemp.

Curaleaf, as with a lot of big MSOs, is a member of the U.S. Cannabis Council, a D.C.-based lobbying group representing licensed cannabis businesses. The group wrote to federal lawmakers in April urging them to eliminate the loophole in Farm Bill 2018 that allowed hemp-derived cannabinoids to be sold legally across the country. The regulatory change hasn’t happened yet, though.

In response, instead of pushing for stricter regulations on intoxicating hemp products, which face less taxation and regulatory burden than state-legal cannabis, MSOs are entering the hemp market.

Alongside Curaleaf, Green Thumb Industries, based in Chicago, has granted hemp-derived company Urb a license to use its Incredibles edibles trademark.

Whether more companies will follow this path or focus on opening new recreational markets remains to be seen. For instance, Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) has invested more than $40 million in a recreational cannabis legalization ballot measure in Florida.

Meanwhile, Capitol Hill’s lax attitude toward hemp may be about to change. Representative Mary Miller (R) proposed an amendment in the House version of the Farm Bill in late May that would outlaw THC-containing edible hemp products.

While the GOP-dominated House Committee on Agriculture has progressed with a farm bill draft that includes this prohibition, neither the Democratic-controlled Senate nor the entire House of Representatives have seriously addressed it as of yet. It’s also unclear if Congress will approve a farm bill this year.

For now, the status quo permits the sale of THC products derived from hemp online and across state borders, with some state-specific restrictions. This ongoing opportunity for brand expansion remains highly attractive.

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420 with CNW — Feds Outline Research Priorities on Cannabinoids, Medical Marijuana

Health officials at the federal level have outlined research priorities on cannabinoids and cannabis in a new report by the National Center for Complementary and Integrative Health (NCCIH). The report highlights efforts by the NCCIH and other National Institutes of Health (NIH) entities to bridge the gap between the medicinal use of cannabis and the research informing its efficacy and safety.

Key areas of research include the effects of cannabis on social anxiety, pain and sleep; the use of terpenes therapeutically; the use of computers to identify bioactive minor cannabinoids in hemp; and the chemical synthesis of uncommon cannabinoids.

Funding opportunities were introduced by NCCIH in 2019, and $3 million in grants was awarded to researchers to investigate the mechanisms of action and possible pain-relieving properties of phytochemicals found in cannabis. This initiative included minor cannabinoids, excluding delta 9 THC, and terpenes.

Over the years, research has expanded to cover several key areas, including investigating the impact of CBD on arthritis-related chronic pain; determining the effects of uncommon cannabinoids on microglia; investigating the role of terpenoid and CBD interactions in the control of pain states by the amygdala; and testing terpenes and cannabinoids separately and in combination for morphine-induced pain alleviation in mouse models, among others.

In addition to advancing scientific studies, NIH is supporting the creation of a Resource Center for Cannabinoid and Cannabis Research. The center aims to assist researchers in overcoming barriers and challenges, both scientific and legal, which stand in the way of studying marijuana and its components.

Funding for the center will come from a $1 million allocation from NCCIH in the fiscal year 2025, with cofunding from NCI, NIA and NIDA totaling $100,000 each. Additionally, NCI recently awarded researchers $3.2 million to study the effects of marijuana use during immunotherapy for cancer treatment.

The agency’s website compiles information about the NIH cannabinoid and cannabis research program, including pertinent staff contacts, funding opportunities, priorities and access to research grant applications that are currently being financed.

NCCIH representatives, along with representatives from other federal health entities, convened recently to deliberate on the present status of cannabis research and policy implications for researchers examining cannabis while it remains illegal. The discussion focused on terpenes and cannabinoids’ potential to alleviate pain.

Craig Hopp, deputy director of NCCIH’s extramural research unit and coauthor of the new paper, discussed the U.S. Department of Justice’s recent proposal to reclassify cannabis under the Controlled Substance Act from Schedule 1 to 3, describing it as the elephant in the room for researchers.

While cannabis advocates and researchers have emphasized the potential for a Schedule 3 reclassification to reduce research obstacles related to Schedule 1 substances, Hopp stated that nothing has changed yet in the early phases of the regulation process. He further noted that any modifications won’t happen for at least a year and that it’s still unclear if a Schedule 3 status will eventually enable academics to obtain marijuana for research purposes from state-licensed dispensaries.

Notwithstanding the difficulties in researching restricted substances, the burgeoning legalization movement has coincided with a rise in research. Over the past 10 years, academics have published more than 32,000 studies on marijuana, with recent years setting records for study, according to NORML.

As more marijuana studies are published, they could help companies in the industry such as Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF) to keep tweaking their offerings in order to better address the needs of their customers, especially those using medical marijuana products.

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420 with CNW — Florida Medical Cannabis Doctors Concerned About Possible Disruptions Once Recreational Use Legalized

Florida’s initiative to legalize recreational marijuana is causing a significant divide within the state’s medical cannabis sector. Florida’s largest medical cannabis company, Trulieve Cannabis Corp. (CSE: TRUL) (OTCQX: TCNNF), is supporting Amendment 3, which seeks to legalize recreational cannabis for adults over age 21.

However, approximately 2,000 doctors certified to prescribe medical marijuana are expressing concerns. They warn that this amendment could disrupt access for the state’s 882,000 medical-cannabis patients.

The influx of recreational users could deplete the marijuana products and specific strains that patients rely on for conditions such as severe pain. The passage of Amendment 3 may also result in a reorganization of regulations, giving the Republican-led legislature, which has always favored stricter rules, more authority.

Dr. Michelle Beasley, a Pensacola-based cannabis doctor, finds herself in a difficult position. Although she supports legalization, she is wary of the “poison pill” language in the medical cannabis legislation. This provision states that the law will expire if voters pass another marijuana-related amendment.

The 2017 medical cannabis law, approved by the legislature following the 2016 voter-approved amendment for medical use, contains a sunset clause that mandates the law’s expiration six months after any new marijuana-related constitutional amendment is adopted. The intention was to create a single regulatory framework. However, it also grants the Republican-controlled legislature greater freedom to regulate the industry, potentially reverting to the restrictive low-THC law of 2014 if no new regulations are passed.

Amendment 3 is up for vote in November and requires 60% of the vote to pass. If enacted, it would enable Florida’s authorized medical-cannabis dispensaries to sell to the general public; the legislature would decide on future recreational licenses.

There’s nothing to worry about, according to the campaign supporting Amendment 3. Medical cannabis providers and patients, they claim, are protected by the amendment. Smart and Safe Florida, the committee that supports the legislation, argues that any sunset would be in violation of the 2016 medical cannabis amendment and that the wording referring to “poison pill” is meaningless. They do admit, however, that the sunset provision is not guaranteed.

One of the main proponents of the 2017 law, Senator Jason Brodeur, said that new regulations would be required. He referred to the financial impact statement for 2023, implying that a straightforward interpretation of the wording would necessitate a fresh start.

Over the years, there have been unsuccessful attempts to remove the sunset clause. The most recent attempt failed last year when a bill to limit the amount of THC in recreational cannabis failed to pass.

Doctors are increasingly concerned as polling shows that Amendment 3 could surpass the 60% voting threshold. A Fox News poll released recently indicates that 66% of voters support legalization.

Not all physicians think the sunset clause will be implemented. DocMJ CEO Aaron Bloom doubts the sunset clause is a threat but worries that dispensaries will shift focus from patients to recreational users. Bloom notes that some clinics have already begun stocking items intended for recreational use. He worries that if the focus changes, dispensary employees might not be properly trained to help patients and might even suggest inappropriate goods.

Beasley and others anticipate a decline in business from patients needing follow-up appointments, which are required by the state to continue using medical cannabis. Further, she notes that some patients might find it cheaper to purchase recreational cannabis, avoiding the approximately $500 in doctor visits and annual state fees associated with the medical program. Ultimately, the decision rests with the legislature and voters.

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