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DEA judge sends marijuana rescheduling dispute to administrator

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A Drug Enforcement Administration judge has forwarded a legal challenge over the ongoing marijuana rescheduling process to the agency’s administrator. The move comes amid a federal leadership transition that could affect who ultimately decides how the reclassification will play out.

Chief Administrative Law Judge John J. Mulrooney II transmitted a legal appeal to DEA Administrator Anne Milgram last week, though Milgram has since stepped down from the role. She was replaced by interim administrator George Papadopoulos, according to Marijuana Moment. Marijuana rescheduling proceedings were halted just days before hearings were set to begin.

“The denied relief included a petition to have you and your agency removed as the proponent of the [notice of proposed rulemaking],” Mulrooney wrote to Milgram.

The DEA and Smart Approaches to Marijuana, a leading anti-legalization group cited in bias allegations, have both previously rejected claims of improper behind-the-scenes communication.

Mulrooney also recommended in his transmittal letter that “in addition to the Government and the Interlocutory Appellants, all Designated Participants be included in any briefing schedule” issued by the administrator. The judge noted that no hearing had been conducted on the bias allegations and “no evidence or testimony was received on the underlying factual allegations.”

There’s confusion over who actually supported the challenge, as well. The judge wrote that a “clerical and communication error” had misrepresented the position of key participants. Ellen Brown of the Massachusetts Cannabis Advisory Board and a company called My Florida Green were incorrectly listed as supporting an appeal motion filed by their consolidated group, which is led by the Connecticut Office of the Cannabis Ombudsman and sought to remove the DEA from its role overseeing the rescheduling process.

Since Brown was previously deemed ineligible to participate in the hearings independently and could only proceed as part of the consolidated group, being separated from that group left her “in quite a pickle,” Mulrooney wrote. She now has “no viable role in the hearing proceedings” unless she can find another way to participate.

The leadership uncertainty comes as President Donald Trump seeks a permanent DEA head. His previous nominee, Florida Sheriff Chad Chronister of Hillsborough County, withdrew from consideration last month amid scrutiny from conservative lawmakers over his COVID-19 enforcement record.

The rescheduling process is also unfolding in the shadow of wider policy visions materializing within the new Trump administration. Robert F. Kennedy Jr., who is Trump’s nominee to lead the Department of Health and Human Services, is poised to inherit an agency recommendation that helped kick off the rescheduling process last year.

Both sides must update the tribunal on the appeal’s status every 90 days while the proceedings remain paused. The process now moves to agency leadership’s control, including decisions on briefing schedules and possible oral arguments.

2286000-2286030-marijuanaresched_letter with enclosures to administrator anne milgram from dea alj re transmittal of
2286000-2286030-marijuana rescheduling_order regarding interlocutory appellant brown_s notice



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Ispire Technology launches $10M stock buyback

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Los Angeles-based Ispire Technology (Nasdaq: ISPR) will repurchase up to $10 million of its issued shares over the next two years.

The cannabis vaping hardware manufacturer will execute the buybacks through various means including open market transactions, accelerated share programs and privately negotiated deals, according to the company Wednesday.

“This move reflects confidence in the company’s growth and strategic investments while leveraging margin expansion to return capital to shareholders,” a spokesperson told Green Market Report in an email.

The timing and scope of repurchases will be determined by Ispire’s board “based on its evaluation of market conditions, share price, legal requirements and other factors.” The program can be suspended or modified at any time, the company said.

“Given the current capital markets environment, we believe starting our share repurchase program now is an excellent opportunity to buy our common stock at a significant discount to their intrinsic value and represents an attractive investment to potential shareholders,” Michael Wang, co-CEO of Ispire, said in a statement.

The firm operates globally through its Aspire brand of e-cigarettes, though that brand excludes the United States, China and Russia from its distribution network.

In the cannabis sector, Ispire has been pushing to expand its footprint beyond its established markets in the U.S., Europe and South Africa. The company recently began customer engagement initiatives in Canada and Latin America, according to the announcement.



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Vermont cannabis regulators recommend new license types

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Vermont cannabis regulators are recommending several new business license categories while opposing additional product restrictions, according to a legislative report released last week.

The state’s Cannabis Control Board advised lawmakers to create three new license types:

  • Delivery services
  • Temporary event sales
  • On-site consumption establishments

The board also recommended against imposing minimum CBD requirements in cannabis products or additional regulations on paraphernalia sales.

For delivery services, the board envisions stand-alone businesses that would contract with multiple retailers to fulfill orders. The recommendations suggest that those licensees could aggregate deliveries within board-set product limits and use vehicles that are unmarked and secure. The board plans an exclusivity period for social equity applicants for the license category.

“Products and cash in vehicle would be limited and secured during transport,” the report noted, adding that “all purchase limits and ID checks would apply to these transactions.”

The temporary event program would permit cannabis sales and consumption at approved locations in municipalities that have opted into retail sales. Events would require transportation plans and age-restricted areas.

Regarding on-site consumption, the board proposed “café style locations” that could sell cannabis for immediate use, though alcohol sales would be prohibited. Such establishments would need adequate ventilation systems or outdoor screened areas.

The board opposed setting minimum CBD levels in cannabis products, citing insufficient scientific evidence. After reviewing available studies, regulators determined there was not enough data to support imposing such requirements or ratios to prevent cannabis-induced psychosis.

“Prohibiting or limiting products that are popular with consumers without evidence that they are particularly harmful will keep more sales in the illicit market where products are unregulated, untaxed, and not subject to quality control testing,” the report stated.

The state currently licenses 15 tiers of cultivators, three levels of manufacturers, and various retail and testing operations.

Both the delivery and consumption proposals would require legislative approval before implementation. The board recommended rolling out these programs gradually to assess their success before wider deployment. Vermont’s 2025 legislative season kicked off this month, with the session to end in May.

While officials initially forecast $86 million in sales by June 2024, the end of that fiscal year, the market had already reached $128 million by then, according to James Pepper, chair of the Vermont Cannabis Control Board.



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Xebra Brands plans $150K financing for Mexico expansion push

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Xebra Brands Ltd. (CSE:XBRA) (OTCQB:XBRA) is looking to raise $150,000 through a private placement while settling $450,000 in debt, the company announced late Tuesday.

The company said it will issue up to 3 million units priced at 5 cents each, with each unit containing one common share and a half-warrant exercisable at 10 cents for two years.

The debt settlement involves issuing up to 9 million shares to company insiders and service providers at the same 5-cent valuation.

Last year, Xebra said it completed its first manufacturing run of Elements CBD products through Restorative Botanicals, aiming to import them into Mexico through its subsidiary once permits are granted. The company previously secured a distribution deal with ICAN Pharmacies FADERMEX to sell the products across seven pharmacy locations. The company previously secured a unanimous Mexican Supreme Court decision supporting its cannabis operations there in 2021.

“By focusing on strategic partnerships and accretive M&A in both the U.S. and Mexico, along with our robust commercial activities, we are well-positioned to capitalize on the significant opportunities in the CBD market in Mexico ahead of legalization,” Rodrigo Gallardo, interim CEO of Xebra Brands, said in a news release last summer. “Our dedicated team is working tirelessly to ensure that Xebra’s Elements brand becomes a household name, delivering exceptional products that meet the highest standards of quality and consumer satisfaction.”

The company, which claims exclusive rights to produce and sell cannabis products (containing less than 1% THC) in Mexico, projects the country’s cannabis market could reach $3.2 billion by 2026, with CBD sales accounting for $210 million, according to company market research citing Statista Market Insights data.

Xebra around that same time tapped veteran consumer goods executive Melise Panetta and her consulting firm. Panetta, who held senior roles at PepsiCo and SC Johnson, brings cannabis industry expertise including work with Keef Colas and High Times brands, according to the company.

Company officers and directors are expected to participate in both deals, which require Canadian regulatory approval. Xebra indicated it would use proceeds for working capital and general corporate purposes. The company aims to close both deals by Jan. 30.



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