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DEA rescheduling hearing gets pushed back over witness list

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A hearing including the testimony of witnesses won’t happen until January or February 2025.

The much-anticipated hearing for the rescheduling of cannabis has been delayed after the Chief Administrative Law Judge (ALJ) John Mulrooney issued a preliminary order on Thursday finding fault with the Drug Enforcement Administration’s (DEA) list of witnesses.

First reported by Marijuana Moment, Mulrooney noted that the DEA sent a poorly prepared list of witnesses approved to speak at the Dec. 2 hearing. The order said that the list the DEA provided only listed the people and organizations approved with one or two email addresses attached. The list did not come with addresses or phone numbers and also didn’t state whether the interested party would be adversely affected or aggrieved by the proposed regulation change.

As the record currently stands, although the Agency has fixed a December 2, 2024 hearing date, there is no way to discern from the present record which DP’s (designated participant) support or oppose the NPRM (notice of proposed rulemaking). To effectively preside over this hearing additional information must be furnished to the tribunal forthwith.

The hearing in December will still take place; however, no testimony or evidence will be presented at the hearing. According to the order, the next date could potentially happen in January or February 2025.

The order included a letter from the DEA’s Anne Milgram listing her approved list of witnesses:

  • Village Farms International (VFF), Shane Pennington of Porter Wright
  • National Cannabis Association (NCIA) Aaron Smith and Michelle Rutter Friberg
  • American Academy of Hospice and Palliative Care, Dr. Chad Kollas MD
  • Cannabis Bioscience International Holdings, John Jones
  • Hemp for Victory
  • State of Connecticut Cannabis Ombudsman Erin Kirk
  • Massachusetts Cannabis Advisory Board, Ellen Brown
  • Veterans Initiative 22, Shanetha Garulay
  • The Doc App, dba My Florida Green, Nicholas Garulay, Jason Castro
  • The Commonwealth Project, Katy Green
  • Saint Michael’s College, Ari Kirshenbaum PhD
  • National Drug and Alcohol Screening Association, Jo McGuire
  • Smart Approaches to Marijuana, Patrick Philbin
  • International Academy on the Science and Impact of Cannabis, Roneet Lev
  • Cannabis Industry Victims Educating Litigators, David Evans Sr.
  • Kenneth Finn MD
  • National Transportation Safety Board, Jennifer Homendy
  • Phillip Drum, Pharm D
  • State of Nebraska, Attorney General Mike Hilgers
  • International Association of Chiefs of Police
  • Drug Enforcement Association of Federal Narcotics Agents
  • American College of Occupational and Environmental Medicine, Natalie Hartenbaum
  • Community Anti-Drug Coalitions of America, Sue Thau
  • Tennessee Bureau of Investigations
  • National Sheriff’s Association

The participants were told that they needed to provide additional information by Nov. 12 including their names, addresses, phone numbers and the general mission of their practice or business.

Paul Armentano, deputy director for NORML, told Marijuana Moment that “it’s always been a possibility that this process could drag out longer than many either anticipated or would like. The administrative process is cumbersome and, as we have seen historically, administrative challenges to marijuana’s Schedule I status take years to resolve. That said, unlike in the past, it is our political opponents who are presented with the burden of arguing against the findings of both HHS and the FDA—which have determined that cannabis does not meet the scientific criteria of either a Schedule I or Schedule II controlled substance.”

786569253-Marijuana-Rescheduling-Order-DEA-ALJ



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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