New York to Offer Medical Marijuana as Prescribed Opioid Alternative

New York is set to significantly expand access to its medical cannabis program. Building off a change that added chronic pain to the list of qualifying conditions in 2016, the Department of Health will now allow anyone with a prescription for opioids to use medical marijuana as an alternative. Officials expect the new regulation will help grow a program struggling with access issues. They also hope to get more patients off of prescription opioids.

If You Have an Opioid Prescription, You Now Qualify to Use Medical Cannabis in New York

Opioid deaths are skyrocketing in New York, which legalized medical cannabis in 2014. One investigation found a 135 percent rise in deaths between 2013 and 2016.

In 2016, the opioid death rate was 15.1 per 100,000 people, nearly two percent higher than the national rate. And in an effort to combat the rapid rise of opioid overdoses and deaths across the state, the New York Health Department is making a major change to its medical marijuana program.

Health Department officials hope the change will help reduce the use of prescription opioids. On Monday, State Health Commissioner Howard Zucker announced that anyone with an opioid prescription would be eligible to use marijuana as an alternative medicine.

“So that means if an individual is taking prescription opioids, they could take medical marijuana as part of the program that were are pushing forward to hopefully come off prescription opioids as well,” Zucker told reporters.

Studies have found that medical cannabis can effectively treat chronic pain, without the dangerous side effects and addiction opioids cause. Other studies suggest cannabis can act as a “reverse gateway drug,” helping people struggling with addiction wean themselves off drugs.

The Health Department hopes that allowing doctors to prescribe cannabis instead of opioids will reduce the number of patients who end up addicted to drugs like OxyContin, Vicodin and Fentanyl.

Offering Medical Cannabis as an Opioid Alternative Could Help Lift New York’s Struggling MMJ Program

Gov. Andrew Cuomo signed the Compassionate Care Act into law in 2014. Since then, New York has struggled to grow its medical cannabis program. A short list of qualifying conditions, and restrictions on the kinds of cannabis products patients could access, hurt participation.

In 2016, New York added chronic pain to the list of qualifying conditions. The Health Department also made it possible for nurse practitioner and physicians assistants to make a medical cannabis recommendation.

Now, New York has 1,688 licensed caregivers and roughly 59,000 registered patients. Yet the program has licensed less than two dozen dispensaries across the state. The program has grown, but not as rapidly as advocates and patients would like.

Zucker feels allowing those with opioid prescriptions to use medical marijuana “is another way to move the program forward."

30 Arrested at Washington DC Marijuana Pop-Up Event

Marijuana pop-up events have been growing in popularity in Washington DC over the past month. That momentum has come to a grinding halt as DC cops crack down on the events. Over the weekend, 30 people were arrested at a marijuana pop-up.

Weekend Arrests

Over the weekend, police officers broke up what was described as a “marijuana pop-up event.” According to local news source WTOP, cops arrived to carry out a search warrant. It’s unclear what, exactly, the warrant was for.

Police quickly moved to break up the event. They seized multiple pounds of weed and other cannabis products containing THC. Additionally, they took around $10,000 in cash. Police also reportedly found three firearms.

Police arrested 30 people in connection with the pop-up. Reports said there were around 28 vendors at the event. It’s still unclear how many people were participating as sellers, vendors, or attendees.

DC’s Thriving Pop-Up Scene

Marijuana pop-ups have become pretty popular in the nation’s capital. The pop-ups have typically functioned without being harassed by law enforcement, thanks to a legal loophole.

In the fall of 2014, DC residents voted to legalize cannabis. The new law went into effect in February 2015. Under the new law, it’s legal for adults 21 and over to possess up to two ounces of cannabis. Adults can also smoke weed in private, but public consumption is not allowed.

Additionally, it’s legal for people 21 and older to give up to one ounce of weed to another adult. Adult DC residents are also allowed to grow up to six marijuana plants at home.

Although these laws technically don’t let people sell weed, the marijuana pop-up events function by “gifting” weed rather than selling it.

Vendors will sell non-marijuana products—like stickers, shirts, hats, or juice—and throw in some flower on the side, as a gift.

Since they are technically only selling the non-weed product, and giving the weed away to customers, vendors say they’re not actually violating any laws.

The Popularity of Pot Pop-Ups

Marijuana pop-ups have become so popular that DC locals tell High Timesthey’ve become an almost daily event.

Cannabis vendors who “gift” marijuana at pop-ups have established a working network of events and clients. In fact, residents in DC can easily find cannabis pop-ups being advertised on social media, especially Instagram.

Beyond the pop-ups, people have tried other methods for taking advantage of DC’s ambiguous weed laws. For example, some vendors offer home delivery. Of course, the product they’re actually selling is something like artwork, juice, or clothing. And after making a purchase, customers receive a little green on the side as a thank-you gift.

CEO of US marijuana company MedMen says Oregon, Colorado are 'horrible markets' to be in

• CNBC's Jim Cramer sits down with Adam Bierman, the co-founder and CEO of the marijuana dispensary operator whose stores have been dubbed the "Apple Stores of weed."
• Bierman explains why Oregon, Washington and Colorado are not considered ideal markets for weed retail.

Marijuana dispensary operator MedMen sees major hurdles in operating in Oregon, Washington and Colorado, where pot is medically and recreationally legal, co-founder and CEO Adam Bierman told CNBC on Monday.

Bierman, whose company functions in California, Nevada, New York and Florida, called the first three fully legal U.S. weed markets "horrible markets to be in" in an interview with "Mad Money" host Jim Cramer.

"[It's] good for business that those are tiny markets that, in the grand scheme of things, maybe matter not that much," the CEO said.

"What's really important to understand is every market since those markets came online [has] been supply constrained, so limited licenses and, most importantly, especially for the MedMen's case, the most arduous retail zoning restrictions known to man," Bierman continued.

While MedMen is licensed to operate in the United States, where some of its retail locations have been affectionately dubbed the "Apple Store of weed," the company is publicly traded in Canada on the Canadian Securities Exchange and the OTCQB Venture Market.

In early June, the Canadian Senate voted to legalize recreational marijuana nationwide. The move would make Canada the first and only country in the G-7 to fully legalize marijuana.

But Bierman won't stop at Canada.

"From the beginning, we've been the 'Why not?' people," he told Cramer. "Why can't you build a billion-dollar business in this industry? Why not? Why can't you take the biggest U.S. weed company and make it public and available for people to own all over the world? Now, there's a lot of roadblocks in that kind of an attitude and we can't list here in the U.S., so we have to list in Canada and, unfortunately, that's the only place to go. Now, fortunately, it is a place to go and they've been great partners."

According to MedMen, some of the company's California stores bring in over $20 million a year in revenue. When the company reaches $1 billion in revenues, Bierman said he'll "look at what's next."

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Part of MedMen's mission is to make marijuana mainstream, as illustrated by its latest marketing campaign, "Forget Stoner." The visual ads attempt to buck the "stoner" stereotype with photos of professionals and others who say they use marijuana.

It could even help stem the opioid epidemic sweeping the United States by offering individuals an alternative solution to prescription pills, Bierman said.

"The concept of a stoner or a stoner image is something that's yesteryear," the CEO said. "This is about Chardonnay moms. This is about working dads. This is about marijuana substituting and replacing, you know, other things that people are already utilizing that, in some instances, are detrimental to their health."

France Opens First Coffee Shops Selling CBD Products

Among European Union nations, France has some of the toughest laws against cannabis. Yet the country of nearly 67 million people has one of the highest rates of cannabis consumption in Europe. Recognizing the demand, some French companies have figured out a way to satisfy customers’ desire for cannabis, in a way that doesn’t break the law.

Across France, “coffee shops” selling cannabis and hemp products are springing up. But customers won’t find any products with THC in them. Instead, these coffee shops are exclusively selling CBD products.

Paris Is The Latest City To Open CBD Coffee Shops

Tucked away in Paris’ chic 11th arrondissement, curious shoppers are lining up outside CofyShop, a cannabis store selling CBD products.

Everything on the shelves, from tinctures and syrups to vape juice, edibles, topicals and even herbs, contains a negligible amount of THC. Tetrahydrocannabinol (THC) is the cannabinoid that produces the euphoric sensations users commonly call a high.

But shoppers won’t find anything containing more than 0.2 percent THC in CofyShop. What they will find is a wide assortment of CBD products, mostly produced from hemp.

Still, the fact that France’s cannabis coffee shops aren’t selling anything that would get users high seems to be lost on some first-time customers.

“I want to find out if the stuff they’re selling gets you stoned,” Marc, a 21-year-old lined up outside the shop told the Telegraph. “In theory, it has less than 0.2 percent THC, but I’ve heard it contains more CBD and that should have an effect, at least to make you feel relaxed.”

Cannabidiol, or CBD, is one of the key therapeutic compounds in cannabis. The wide range of medicinal applications of CBD include its relaxing, anti-anxiety effects.

Researchers around the world are investigating how CBD can treat neurological diseases, reduce seizures, fight cancer and reduce inflammation. Their findings continue to corroborate anecdotal evidence about CBD’s effectiveness as a remedy for a number of ailments.

The availability of CBD products throughout France comes from a loosening of some cannabis laws. A growing awareness of the legality of CBD has also contributed to the coffee shop phenomenon.

French Health Minister Says CBD Products Are Legal

In May 2017, newly elected French President Emmanuel Macron appointed Agnès Buzyn to Minister of Solidarity and Health. And in November of that year, Buzyn made a statement regarding the legality of cannabis and hemp-derived CBD products.

Buzyn supports the use of medical cannabis and has re-opened debate about how to expand access to it. France legalized cannabis for medical use in 2013, but the program’s restrictions make it a non-starter for most patients.

But in November, Buzyn announced that CBD was legal for public consumption under two conditions. First, products had to adhere to the 0.2 percent THC limit. And second, producers and retailers had to refrain from making any health claims about the products.

French authorities are also keeping a close eye on the activity of these shops, to make sure no illegal products end up on their shelves.

CBD products are undeniably increasing in popularity across France, drawing criticism from some and support from others. For the most part, however, the public seems to think CBD products are simply “low strength” versions of cannabis containing THC.

Critics are deploying gateway theory to suggest legal CBD will lead people to consuming illicit THC products. Supporters are excited to have access to high quality, potentially therapeutic products.

French cannabis coffee shops import all their CBD products from neighboring Switzerland. On average, shops are selling CBD for about US$15 per gram.

Donald Trump Teases Support for Bipartisan Medical Marijuana Bill

Just one day after Sens. Cory Gardner and Elizabeth Warren formally announced a bi-partisan bill to protect states’ rights to legalize cannabis, President Donald Trump hinted he might support the legislation if it can clear Congress. The President’s comment is, in fact, the third he has made in reference to Colorado Sen. Cory Gardner’s idea for a “states’ rights” approach to marijuana legalization. And now that the legislation is officially in the pipeline, Trump’s latest remarks suggest he hasn’t withdrawn his support.

Sen. Gardner Is Keeping Pressure On Trump To Support A States’ Rights Approach To Cannabis Legalization

Colorado Sen. Cory Gardner opposed his state’s efforts to legalize adult-use cannabis. But in a recent interview with NBC’s Morning Joe, Sen. Gardner acknowledged that “there’s no going back” on the issue of legalization.

Recognizing Coloradans’ desire for a legal and regulated cannabis program, Gardner teamed up with Massachusetts Sen. Elizabeth Warren to launch the STATES Act.

The Strengthening the Tenth Amendment Through Entrusting States Act would both protect states’ legal cannabis operations from federal prosecution and make essential services like banking and insurance available to the industry.

Sen. Gardner sees marijuana legalization as an opportunity to create a strongly federalist policy that lets states chart their own course on the issue. And framing legalization as fundamentally about states’ rights has also appealed to President Trump, Gardner said.

April was the first occasion Gardner was able to coerce support for his idea from the Trump administration. After Trump’s Attorney General Jeff Sessionsannounced a federal policy reversal on marijuana that threatened states’ legal medical and adult-use cannabis programs, Gardner held up confirmations for Sessions’ Justice Department nominees.

Sen. Gardner only ended his standoff with the Justice Department after Trump gave assurances his administration would not go after Colorado’s legal cannabis businesses. Furthermore, Gardner said Trump told him he would support a legislative solution with a states’ rights approach, the Washington Post reported.

Sen. Gardner also checked in with Trump on Wednesday, before he and Sen. Warren formally announced the STATES Act. Gardner reminded Trump about his previous comments and told the President about the aims of the new legislation. “He liked the idea—the concept,” Gardner said.

Will Donald Trump Support the Bill?

In a 20-minute exchange with reporters at the White House, the press pool asked President Trump about the Warner-Gardner legislation. “I probably will end up supporting it,” Trump told reporters, according to The Denver Post.

Gardner and Warren were pleased by Trump’s comment on the STATES Act. They hope the President’s remarks and the bill’s bi-partisan support will give it a boost in the Senate.

Legislators in the lower chamber are also supporting the Warner-Gardner bill. Reps. Earl Blumenauer (D-Oreg.) and David Joyce (R-Ohio) are sponsoring a bipartisan companion bill in the House. But their bill would amend the Controlled Substances Act to prevent the federal government from prosecuting individuals or entities that comply with state, U.S. territory, D.C. and tribal cannabis law.

Marijuana businesses threaten to leave Colorado after governor's vetoes

Marijuana industry and patient advocates joined state legislators at a news conference Thursday to condemn Gov. John Hickenlooper for vetoing three marijuana-related bills in the past week in a state that saw $1.5 billion in medical and retail marijuana sales in 2017, according to the Colorado Department of Revenue.

Bruce Nassau, board chairman of the Marijuana Industry Group, said the veto of House Bill 1011 is especially troubling for the industry.

“I have spoken with, I would say, three or four different organizations, a couple of whom have indicated a consideration to leave the state because of the now lack of availability of public capital,” Nassau said.

Detroit Proposes Limits on Licensed Marijuana Dispensaries

The City of Detroit may impose limits on the number of licensed marijuana dispensaries it allows. City Councilmember Chris Tate has proposed a new ordinance that caps the number of cannabis dispensaries at 75. The proposal also gives the city authority to regulate businesses involved in cannabis cultivation, manufacturing, testing, and distribution.

The measure also encourages potential owners of cannabis businesses to offer community benefits in their permit applications. Tate told local media that the new ordinance will allow medical marijuana patients and the city at large to coexist.

“Approving this ordinance would finally bring some closure to this issue and chart the path to the future of this industry in the City of Detroit and the State of Michigan,” Tate said. “The goal has always been to ensure that we have an industry that is respectful of the neighborhoods, the communities it is located in, but also considerate to individuals seeking safe access to alternative medication. This ordinance balances those two needs with the preservation of neighborhoods being the top priority.”

Amir Makled is an attorney who represents medical marijuana dispensaries in Detroit. He believes that city officials should not establish arbitrary limits that can hinder the growth of the cannabis economy.

The ordinance goes against “the will of the voters,” Makled said. “I understand the city has an interest in curtailing the amount of dispensaries they have or medical marijuana facilities. But I think they should have allowed the market to determine what was a reasonable amount of facilities to have.”

Can Cannabis be the Economic Boost Detroit Needs?

Makled also said that cannabis is a chance to revitalize Detroit’s depressed economy. But for that to happen, city officials must embrace the new opportunity.

“If Detroit is going to make a comeback and have new industries come into the city, they should welcome this industry,” Makled said. “It can create a tax base and a whole new hub for the industry, so I’m surprised they’re curtailing that growth.”

The new ordinance would also clarify “drug-free zones” and zoning and distance requirements for cannabis businesses. Earlier this year, Chief Judge Robert Colombo Jr. of the Wade County Circuit Court partially overturned Proposal A — which was approved by voters in November 2017, and would have allowed dispensaries within 500 feet of each other. It also allowed dispensaries to locate near liquor stores, child care centers, and other so-called sensitive use establishments.

Judge Colombo also entirely struck down Proposal B, which voters also passed last year. That law established zoning regulations for pot businesses and permitted dispensaries and processors in all business and industrial districts.

Detroit Corporation Counsel Lawrence Garcia said Tate’s proposal will guide the growth of the cannabis industry.

“Detroit’s new, proposed ordinance will…resolve some of the confusion created by some of the misguided zoning restrictions that were originally part of the ballot initiative,” Garcia said in a statement. “In short, the new ordinance, if passed, will clarify Detroit’s common-sense regulation on medical marijuana activity and will allow for all five of the legal uses contemplated by state statute.”

Florida Judge Repeals Ban on Smokeable Medical Marijuana

The state of Florida can no longer ban medical marijuana patients from smoking cannabis, a judge ruled Friday. But the Florida Health Department is appealing the judge’s decision. Caught between are Florida’s medical marijuana patients, who say the state legislature is placing unconstitutional restrictions on access to their medicine.

Florida Judge Says Medical Marijuana Smoking Ban Is Unconstitutional

In 2016, Florida voters approved Amendment 2. The constitutional amendment became effective on January 3, 2017. It expanded Florida’s list of qualifying medical conditions, but also placed restrictions on smoking medical marijuana.

Specifically, the language in the bill and an “intent document” circulating during the 2016 lead up to the vote did mention smoking marijuana, but only in very limited terms. The bill states that the Florida legislature and local governments could ban medical cannabis smoking in public places.

Last year, however, the state Legislature ended up passing laws banning the sale of smokeable medical cannabis products. The Legislature viewed smoking cannabis a health risk. However, the bill, signed by Florida Gov. Rick Scott in June, still allowed patients to use cannabis in food, as an oil or spray, or vaporized.

Just two weeks after Gov. Scott signed the legislation, Orlando attorney John Morgan filed a lawsuit to challenge the smoking ban. Morgan was a key player in the movement to legalize medical cannabis in Florida.

But on Friday, Leon County Circuit Judge Karen Gievers ruled that the state’s ban on smokeable medical marijuana violated patients’ constitutional rights, according to the Associated Press

In her 22-page ruling, Judge Grievers wrote that Floridians, “have the right to use the form of medical marijuana for treatment of their debilitating medical conditions as recommended by their certified physicians, including the use of smokable marijuana in private places.”

Florida Court’s Ruling Is Major Win For Medical Cannabis Patients

Despite Judge Griever’s ruling that a ban on smoking medical cannabis was unconstitutional, the Florida Health Department is appealing the ruling. And that appeal has placed a temporary stay on the decision while the state goes through the appeal process.

Still, medical cannabis supporters and patient advocates are praising the judge’s ruling as a major win for patients in Florida.

“Despite legislative pushback over interpretation and ideologies, justice has been served,” said Taylor Patrick Biehl of the Medical Marijuana Business Association of Florida.

In his lawsuit, John Morgan used testimony from two terminally ill patients who say smoking medical cannabis has dramatically improved their quality of life.

Both plaintiffs said in court that currently permitted methods of cannabis consumption are not as effective as smoking.

Diana Dodson, who has been HIV-positive since 1991, testified that vaping cannabis was 50 percent less effective than smoking. She also said that smoking cannabis allows her to use the proper dosage for her symptoms.

Additionally, Cathy Jordan, who has suffered from Lou Gherig’s disease since 1986, says that smoking alone can help her symptoms. ALS patients suffer from excess saliva, low appetite, and muscle pains. Smoking medical cannabis, Jordan testified, dries her excess saliva, increases her appetite and relaxes her muscles.

“This is legitimate medicine,” Jordan told the Orlando Sentinel over the phone. “This ruling is not just for me but for many other people.”

Indeed, Jordan’s husband Bob said he was still in shock after the ruling. “A little women with ALS took on the state and won,” he said. ‘That’s an amazing thing. It is kind of surreal.”

Judge Griever is keeping the Florida appeals courts busy with marijuana cases. Her ruling that a ban on smokeable medical cannabis was unconstitutional is in fact the second medical marijuana case sent to an appeals court this year.

The next stop for the case involving the prohibition on smoking medical cannabis is the 1st District Court of Appeal in Tallahassee this year. But Griever’s argument maintains that since the state banned public smoking, smoking in private was implicitly appropriate and consistent with Amendment 2.

Marijuana Sales: Strong in Nevada, Disappointing in California

© ThinkstockLegal sales of marijuana for recreational use began last July in Nevada and in January in California. Although California sells a lot more legal weed than Nevada, California sales are much lower than projected while Nevada's are much higher.

First the good news. From July 2017 through March 2018 (the first nine months of Nevada's fiscal year), combined taxable sales of marijuana totaled $386 million, of which nearly $305 million represents sales for recreational use. Sales in March posted a record total of just over $41 million. Through March, the state has collected almost $49 million in taxes, about 97% of its estimated full-year take of $50.32 million.

The less-good news about recreational pot sales comes from California, where the latest projections based on sales to date estimate sales will be about half the original estimates.

According cannabis industry analyst firm New Frontier Data, sales in California this year will total $1.9 billion, exactly half the original estimate of $3.8 billion. Giadha Aguirre De Carcer, CEO of New Frontier, told the Los Angeles Times that strict rules on growers, distributors, and retailers combined with low governmental authorization in California cities are to blame.

Only about 30% of California's 540 cities have have so far permitted commercial cannabis activity. The effect has been to send consumers to the black market where they pay no taxes and illegal sellers easily undercut legal prices.

In February the Los Angeles Police Department shut down 8 illegal pot stores but the deputy chief told the Los Angeles times that another 200 to 300 illegal stores were still operating in the city.

Marijuana tax collections in California totaled $33.6 million in the first quarter of 2018, virtually guaranteeing that the state would not reach its estimated 6-month total of $175 million in tax collections.

California's estimated legal and illegal marijuana market totals around $7.8 billion. About $2.3 billion comes from sales of medical marijuana. If the legal market is only taking about $1.9 billion of the total, the rest ($3.6 billion) is going to the illegal market.

And that illegal market is only for sales inside the state. California also exports (illegally, of course) tons of marijuana. State residents consumed about 2.5 million pounds of marijuana (most of it illegally) in 2016 and produced about 13.5 million pounds. Those 11 million pounds are sold, illegally, to out-of-state buyers.

Feds Hammer San Francisco Brewer for Making Beer with CBD

SAN FRANCISCO (AP) — U.S. officials have ordered a San Francisco brewery to stop producing beers containing cannabidiol, the hemp-derived compound known as CBD.

The U.S. Alcohol and Tobacco Tax and Trade Bureau is allowing Black Hammer Brewing to sell off the rest of the beer it has produced with CBD, including one called Toke Back Mountain.

CBD is a non-psychoactive cannabinoid. The beer’s drinkers can’t get high, but users say CBD is calming.

The San Francisco Chronicle reported Wednesday, May 23, 2018, that the order was not issued because the federal government says marijuana is illegal, but because the trade bureau requires special approval for non-standard beer ingredients.

The brewery’s owners are applying for permission to use hemp and terpenes, the compounds that give cannabis its aroma and flavor.