CannaBeat - February 10, 2023

CannaBeat is a curated biweekly selection of top new stories impacting business, research, and culture in the cannabis industry, crafted by Emerge Law Group.

Emerge’s Hot Take

North Bay Cannabis Operators Back California Bill to Allow Food and Music at Dispensaries

A bill has been introduced in California that would allow a retailer to offer a similar experience as a local venue or cafe (Assembly Bill 374). Retailers with approved consumption lounges could offer the sale of non-cannabis infused foods, non-alcoholic beverages, and tickets to live music. This would be comparable to general venues, providing the cannabis space with equal opportunity for tourism and potentially “nightlife.” Furthermore, allowing for larger or more inclusive events would permit for further educational platforms and work to promote the industry in a positive way. There are other events such as music festivals that have included these types of platforms such as Outside Lands in San Francisco (see “Grass Lands”). This bill would allow smaller and similar events accessible to the local community.

Although the bill looks to expand opportunity, whether or not it will do so is unknown. As written, the proposed bill states that “a local jurisdiction may allow the retailer or microbusiness….” This would leave the decision up to the local governments which has proven difficult in California (56% of jurisdictions do not allow any type of commercial cannabis operations, as shown HERE). California Emerge attorney Delia Rojas commented: “Given the tough market, I could foresee certain jurisdictions being open to these types of consumption lounge models, but the bill will likely receive the same local government pushback as similar past bills.”

Other Noteworthy News

GOP Congressman Files Marijuana Rescheduling Bill Amid Ongoing Biden Administration Review

A GOP congressman has refiled a bill to move marijuana from Schedule I to the less restrictive Schedule III under federal law. Rep. Greg Steube (R-FL) introduced the proposal on Friday. This is the third session in a row that he’s pushed for the modest reform, titled the “Marijuana 1-to-3 Act.” The two-page bill states that “the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act.” Advocates are strongly pushing for removing cannabis from the Controlled Substances Act (CSA) altogether, but the congressman has argued that rescheduling could be an interim move to promote research into the plant and its components. “As marijuana is legalized for medical and recreational use across the United States, it is important that we study the effects of the substance and the potential impacts it can have on various populations,” he said in 2019. “By rescheduling marijuana from a schedule I controlled substance to a schedule III controlled substance, the opportunities for research and study are drastically expanded.”

Gun Ban for Marijuana Users Is Unconstitutional, U.S. Judge Rules

The ban on gun ownership for marijuana users in Oklahoma has been declared unconstitutional by a federal judge, as it violates the Second Amendment right to bear arms. U.S. District Judge Patrick Wyrick, on February 3, declared that an indictment against a man charged in August for violating a firearms ban was dismissed as it violated the Second Amendment of the U.S. Constitution. Jared Michael Harrison was taken into custody by Lawton police, Oklahoma, in May 2022 during a routine traffic stop. The search of his car uncovered a loaded revolver and marijuana. Harrison informed the officers that he was heading to his job at a medical marijuana dispensary but lacked the mandatory state-issued medical marijuana card. Harrison's lawyers argued that their client's Second Amendment right to bear arms was violated by a federal law prohibiting "unlawful users or addicts of controlled substances" from possessing firearms. They claimed the law, focused on drug users or addicts, was inconsistent with the historical tradition of firearms regulation, citing the U.S. Supreme Court's ruling in the New York State Rifle & Pistol Association v Bruen case, which set new standards for interpreting the Second Amendment. In contrast, federal prosecutors argued that the law, focused on disarming drug users, is consistent with the longstanding tradition in America of disarming "presumptively risky persons" such as felons, the mentally ill, and the intoxicated.

The Lexi to Become First “Cannabis Friendly” Hotel in Vegas

Coming to the Las Vegas Strip this spring, the Lexi seeks to offer a ‘cannabis-forward’ hospitality experience – and topless sunbathing. Rose Dykins reports. Following a multimillion-dollar renovation, the Artisan Hotel Boutique in Las Vegas is reopening as the Lexi, a fun-loving property that embraces cannabis-friendly hospitality. Owned by Elevations Hotels and Resorts, the Lexis is the first of its kind in Vegas. Situated moments from the Vegas Strip, the property has 64 all-new rooms, with its fourth floor designated as cannabis-friendly. A “cheeky” hotel concept that seeks to normalise cannabis in travel, the Lexi will also offer a high-end experience, an exciting culinary and cocktail offering and a season of spring-summer pool party events. The Lexi’s Cajun-inspired steakhouse will be overseen by executive chef Jordan Savell of Hell’s Kitchen fame.

Mint to Host 3-Day Cannabis Party Near State Farm Stadium for Super Bowl

Mint Cannabis will be holding a “Big Game” party with a three-day festival near State Farm Stadium in Glendale during Super Bowl weekend. The Arizona-based company’s Cannabis Consumption Park will be similar to how a beer garden is run, offering activities, infused foods, cannabis vendors with complimentary samples, live musical performances, comedy skits, celebrity appearances and more for people ages 21 and up, according to a press release. Located off 99th Avenue and Thomas Road, the “Mint Mall” will feature many leading cannabis brands for guests to sample. It will run from Feb. 10-12. “Having a cannabis-friendly celebration at the nation’s biggest sporting event of the year is a big testament to how far our industry has evolved in a relatively short time,” cofounder and CEO Eivan Shahara said in the release. “Our large setup will be a reflection of our five dispensaries in the Valley, where our expert budtenders cater to the needs of medical patients, experienced recreational users, and curious first-timers.” At 4:20 p.m. on Saturday, 10,000 complimentary pre-rolls will be lit in an attempt to break the Guinness Book record for the World’s Largest Smoke Session, followed by a live concert.

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