The Scuttlebutt Featuring Articles About Calif. Appeals Court Revives Pot Tracking Row With Regulator and More

In the days of the Armada, a fleet of warships, the scuttlebutt was the rumor or gossip that would spread throughout the ship. Today, Armada Law Corp presents The Scuttlebutt, a daily summery of news articles that people within the cannabis, hemp and plant medicine industries are chatting about along with links to the full articles.

In today’s news:

#cannabisindustry – New Mexico – “State regulators are asking a judge to shut down cannabis-related activities at a local business that is accused of selling out-of-state cannabis products and manufacturing cannabis extracts using volatile solvents without proper licensure.

That’s according to a petition for preliminary injunction filed by the New Mexico Regulation and Licensing Department against Sawmill Sweetleaf LLC with the 2nd Judicial District Court.

The filing is the first of its kind under a new provision in law that went into effect in June. The provision allows licensing agencies such as the RLD to seek preliminary injunctions if licensees engage in activity that poses an immediate threat to public health and safety.”

https://finance.yahoo.com/news/state-seeks-shut-down-cannabis-030200856.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAI0NhJUCBcK0m_mIYwBjVqyAdkAUZL4F7BTqhhOLB1Dvc6kmkYz6uqETXSAFmaahtXRlqKgOp6DYEhujYCChzpEec9ujk9DIgnq7nqmM3p_NksGjrnkfmld1bzFdOCPDMiz3D02yx9QdfVrvZ5ym3Q4vDJcOp9AQVL9nSQlraLBv

 

#cannabisindustry – “You couldn’t draw up a more quintessential social equity success story. Yet nearly five years after receiving their approvals, Firehouse remains unopened. Despite receiving all needed approvals, aided by a well-meaning licensing program that prioritizes applicants like Sean and Armani, the lack of access to traditional banking and financial services has proven to be a far greater barrier than any licensing regime. Rather than being emblematic of a successful social equity licensing program, the pair have become a symbol of how Congress’ failure to pass banking reform for the cannabis industry has crushed entrepreneurs of color and those who have been the victims of cannabis prohibition.”

https://www.forbes.com/sites/kriskrane/2023/08/01/whats-killing-social-equity-in-cannabis-lack-of-banking/?sh=6089e6255a9f

 

#cannabislaw – “The use of field sobriety tests to determine if a driver is under the influence of THC may be effective in certain situations but may not be enough to determine impairment on their own, a report from UC San Diego researchers revealed Wednesday….
In the study published in Wednesday’s JAMA Psychiatry, researchers at UCSD’s Center for Medicinal Cannabis Research performed a double-blind, placebo-controlled randomized clinical trial to evaluate how accurate field sobriety tests are in identifying drivers under the influence of THC….
The researchers concluded that existing field sobriety tests “may be sensitive enough” to detect those under the influence of cannabis. However, the overlap in poor test performance between the placebo and THC groups, and the high frequency at which officers suspected this was because of THC consumption, suggest that field sobriety tests alone may be insufficient to identify THC-specific driving impairment, they wrote.”

https://patch.com/california/san-diego/field-sobriety-tests-may-be-insufficient-thc-dui-cases-ucsd-study

#cannabislawsuit – “There’s a very slim chance the court will agree to hear the dual cases, however. The Pew Trusts estimates there are 7,000-8,000 petitions submitted to the Supreme Court every year, but only about 80 of the cases get heard.

But, on the off chance the court does agree to hear the marijuana cases, the outcome may weirdly be tied directly to the controversial 2022 ruling that overturned the longstanding right to abortion, Dobbs v. Jackson Women’s Health Org.

That’s because the abortion ruling centered on states’ rights over the power of the federal government, a favored cause among conservative legal scholars and several Supreme Court justices. That same line of reasoning could easily be applied to marijuana laws, since it’s the states that have taken the lead in regulating the cannabis industry for decades now.”

https://www.greenmarketreport.com/california-cannabis-farmers-hoping-supreme-court-will-hear-corruption-cases/

#californiacannabis – “In its complaint, HNHPC alleged that the DCC and its https://armadalawyers.com/wp-content/uploads/2023/02/blog-03-1.jpgistrators had failed to perform their duties under the state’s cannabis legalization statute to establish a regime for tracking the movement of cannabis products through the supply chain.
The company specifically claimed that the track-and-trace system implemented by the DCC was not equipped to spot irregularities in the bulk transfer of marijuana products, such as sales to straw distributors for the purpose of ferrying them out of the regulated marketplace.
The company alleged that the oversight led to “millions of pounds” of cannabis products being diverted into the unregulated market, depressing prices and eroding public confidence in the cannabis legalization regime.”

Calif. Appeals Court Revives Pot Tracking Row With Regulator: https://www.law360.com/articles/1706822?utm_source=android&utm_medium=android&utm_campaign=android-shared

#cannabislawsuit – “Buntarn Lun claims independent lab testing shows the true THC content of Lowell Herb Co. products is over 10% lower than the label claims, a margin that runs afoul of California Department of Cannabis Control regulations. While Lun may or may not prove his allegations, Superior Court Judge Maren Nelson ruled in a Monday order that he can continue to press most of his claims, trimming only unjust enrichment.
Her ruling rested on the finding that just because federal standing requirements apply to the Unfair Competition Law and False Advertising Law does not mean the federal pleading requirements apply in state court.
The judge looked to California law, which requires a statement of facts constituting a cause of action in normal language, according to the order, which adds the plaintiffs’ allegations showing the practice of mislabeling cannabis products have enough particularity.”

LA Judge Lets Most THC Testing Lawsuit Claims Proceed: https://www.law360.com/articles/1706467?utm_source=android&utm_medium=android&utm_campaign=android-shared

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