Twins Study Busts Cannabis Gateway Theory

Legal access to recreational cannabis has no effect on increasing the probability of disorders using alcohol or illicit drugs, according to a recent study of twins.

In a recent report published by the journal Psychological Medicine, researchers observed data gathered from observing twins living in Colorado and Minnesota. They found no link to legal access to marijuana with the likelihood of developing substance abuse problems. 

“Cannabis legalization was associated with no other adverse outcome in the co-twin design, including cannabis use disorder,” researchers found. “No risk factor significantly interacted with legalization status to predict any outcome.”

“We found mostly a lot of nothing, which I think is personally interesting,” lead researcher Stephanie Zellers added. “I think this is a case where we don’t find much is actually more interesting maybe than finding a bunch of results.”

The study also noted that residents living in legal cannabis states didn’t appear to show an increase in problems associated with mental health, relationships, work and finances.

“Recreational legalization was associated with increased cannabis use and decreased alcohol use disorder symptoms but wasn’t associated with other maladaptations,” researchers wrote. “These effects were maintained within twin pairs discordant for residence. “Moreover, vulnerabilities to cannabis use were not exacerbated by the legal cannabis environment.”

Access to Legal Market

Zellers and her research team observed 240 pairs of twins where one lives in the legal state of Colorado while the other lives in Minnesota, where cannabis remains prohibited. Now aged 24 to 49, the participants have provided data on their personal use of alcohol, tobacco, cannabis and several illicit drugs, as well as measures of “psychosocial health” since adolescence.

“This co-twin design automatically controls for a wide range of variables, including age, social background, early home life and even genetic inheritance” that can influence health outcomes, said co-researcher John Hewitt, professor of psychology and neuroscience at CU Boulder. “If the association holds up, it provides strong evidence that the environment, in this case legalization, is having an impact.”

“There’s lots of things that could explain why one person is behaving one way or why people of one state behave one way compared to another,” Zellers said. “But with twins, we were able to rule out so many of those alternatives—not everything, but a lot of them.”

The recent study acted as a follow-up to prior research that found an increase in adult cannabis use where states have allowed recreational use. Despite the rise in use, however, the team found no relationship to a spike in cannabis abuse or addiction.

“Obviously the cannabis use increases, but we didn’t see an increase in cannabis-use disorder, which is a little surprising,” Zellers said. “We didn’t really see changes in how much people were drinking or using tobacco. No large personality or workplace or IQ differences or anything like that.”

But while cannabis use increased in legal situations, twins living in such areas were also less likely to drive drunk or develop alcohol use disorders.

“You’re combining drinking with something that could be physically unsafe,” Zellers said. “The residents of legal states do that less, which is interesting and maybe something a little unexpected.”

Disproving the Cannabis Gateway Theory

The findings also reject the gateway drug theory that using marijuana only leads to using stronger substances.

“We asked in the last 12 months have you tried or used heroin, prescription opiates, cocaine, methamphetamine, hallucinogens—kind of the whole 11 or 12 categories of illicit drugs,” Zellers said. “And there’s no difference there. People living in a state with legal cannabis, they’re not necessarily transitioning on to more illicit drugs.”

The results are quite promising but are far from an absolute conclusion. The study does have several limitations, as it focuses on adults, and few of whom consider themselves as heavy users.

“Our sample is an adult community sample broadly characterized by low levels of substance use and psychosocial dysfunction,” the researchers wrote. “This limits our ability to generalize relationships between legalization, outcomes and risk factors for the individuals at greatest risk.”

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Catholic High School Teacher Busted for Allegedly Smoking Weed with Students

Brady P. Waibel, 32, a now-former Catholic school teacher, is accused of allegedly smoking weed with several students, three of them juveniles. 

Waibel, who formerly taught music at Cathedral High School in New Ulm, Minnesota, was charged on Jan. 19 in Brown County court with fifth-degree felony possession of cannabis and three gross misdemeanors of contributing to the delinquency of a child. 

The school responded promptly to the incident with a statement: New Ulm Area Catholic Schools President Sister Julie Brand said on Jan. 19 Waibel is no longer employed at the school. The Journal reports that a Zoom hearing on the matter is set for 8:30 a.m. on Feb. 14.

Fox 9 reports that according to court documents, a student and two others picked up Waibel and parked under a bridge. There, they walked to a nearby sandbar, and Waibel allegedly whipped out a blunt and passed it to the students. All three students at that incident said they smoked cannabis.

A priest associated with the New Ulm Diocese dropped the dime and called police on Jan. 14 after a school administrator alerted him that students had been smoking with their teacher. The supervising priest called New Ulm Police Investigator Jeff Hohensee, The Free Press identified. One student was an adult, and three others were minors.

Hohensee then set up interviews with parents of the students and questioned them at the New Ulm Police Department.

Police interviewed several students including an additional student who admitted that they had smoked at Waibel’s house on another occasion. He admitted that the adult student picked up a juvenile student after school and drove to the teacher’s house, where they smoked weed out of a bong. A student said they hit the bong with Waibel between 10 and 20 times.

One of the students told police that Waibel “always provided the marijuana free of charge,” the complaint reads. 

It’s a high school fantasy to be “Smokin’ in the Boys Room,” but a nightmare for the parents and teacher accused of contributing to minors.

Police executed a search warrant, and a Brown Lyon Redwood Renville Drug Task Force agent photographed and collected evidence. Police recovered items including flower, wax, a grinder and a multi-colored bong.

The estimated weight of the wax is 3/4 of a gram.

Waibel was taken to Brown County Jail in New Ulm, Minnesota where he was subsequently released after posting a $10,000 bail.

Contributing to a Minor in Minnesota

So what exactly is Waibel looking at in terms of punishment?

The penalty for contributing to the delinquency of a minor, under Minnesota law, is a gross misdemeanor and the maximum penalty is a year in prison and a $3,000 fine.

Under Minnesota Statute § 152.027 possession of under 42.5 grams of cannabis is a misdemeanor charge punishable by a $200 fine and no jail time. Over that amount, but under 10 kilograms, could mean a felony charge carrying a fine of $10,000 and five years in prison.

New Ulm Area Catholic Schools did not immediately respond for comment.

In October 2021, a South Carolina elementary school teacher faced criminal charges and lost her job after a pupil in her class pulled a package of cannabis edibles from a box of treats intended as prizes to reward students.

In 2020, the board of Marion County Public Schools in Florida suspended a Belleview High School teacher and student services manager over his use of medical cannabis. 

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Cannabis Legalization Could Make New Strides in 2023

The effort to reform the nation’s cannabis laws made new strides in 2022 with the passage of recreational marijuana legalization ballot measures in Maryland and Missouri in the November midterm elections. Success was not universal, however, as similar propositions on the ballot in Arkansas, North Dakota and South Dakota failed to gain the approval of voters. 

Looking at 2023, new milestones have already been achieved this year, with Connecticut launching regulated retail sales of adult-use cannabis on January 10, a move that was preceded by the expungement of nearly 43,000 marijuana-related convictions in the state at the dawn of the new year. And as we head further into 2023, several states across the country are likely to make new ground in the struggle to end cannabis prohibition.

A New Focus

Brian Vicente, a founding partner at the cannabis and psychedelics law firm, Vicente Sederberg LLP, says that despite spending millions of dollars on lobbying federal lawmakers in 2022, the efforts of cannabis activists were unable to result in the passage of any meaningful marijuana policy reform at the next level. With the change in the political climate in Washington, D.C., efforts this year will take a new focus.

“With Republicans taking over the House, any federal reform in the two years seems exceedingly unlikely. Fortunately, movement leaders have begun coalescing around a strategy to cut back on federal lobbying and instead push resources toward state-level reform,” Vicente said in an email. “These efforts are aiming to flip as many as 10 states to adult-use in just three years, which would not only open new markets for consumers, but also create intense pressure on Congress to pass legislation aligning federal law with the thirty-odd states where cannabis is legal for adults.”

As the new year begins, more than a half-dozen states are likely to consider legislation to reform their marijuana laws, with most activity centering in the South and Midwest regions. Outside those broad areas, Hawaii could be poised to make progress on the issue with a new governor at the helm, Democrat Josh Green, who included support for expanding the state’s current legalization of medical marijuana to include adult-use cannabis as part of his campaign for office last year. On January 11, Democratic state Rep. Jeanné Kapela announced her plans to introduce a recreational marijuana legalization bill, saying, “this year, we stand on the precipice of history.”

“We now have a roadmap for legalizing recreational cannabis in our islands,” Kapela said in a statement quoted by Marijuana Moment. “Legalizing cannabis is not just a matter of money, it is a matter of moralities.”

Snowden Stieber, a regulatory analyst with cannabis compliance technology firm Simplifya, notes that the bill has some hurdles to clear before it can get to Green’s desk, however.

“The Hawaii Senate President, Ron Kouchi, has already come out with statements expressing skepticism on any fast movement for cannabis legalization, and many elected officials are still waiting on the upcoming report from the Dual Use of Cannabis Task Force to guide their votes in the new year,” he said in an email. “While it is of course possible that the task force recommends full legalization, prior experience in other states would suggest that legislators will take their time with any report’s findings and that a sudden move toward legalization is unlikely.”

The South

Vicente believes three states in the South—Kentucky, North Carolina and South Carolina—could pass legislation to legalize medical marijuana this year. With the nearby states of Louisiana, Mississippi, Alabama, Georgia and Florida already demonstrating that a regulated marijuana industry can provide jobs and tax revenue, other states in the region are likely not far behind.

South Carolina, where Rep. Nancy Mace has become one of the few Republicans in Congress advocating for cannabis policy reform at the national level, is one of the few remaining states that still hasn’t legalized marijuana in any form. But reform is popular with the state’s residents, with a Winthrop University poll conducted before last year’s midterm elections showing that more than 75% of voters support the legalization of medical cannabis. This year, lawmakers from both sides of the aisle have pre-filed separate medical marijuana legalization bills for the 2023 legislative session. But Simplifya regulatory analyst Justin Bedford isn’t optimistic about the fate of the legislation.

“Though these may seem like promising developments, history suggests that South Carolina still has a long way to go before any form of commercial legalization occurs,” he wrote in an email. “All 14 cannabis-related bills that were deliberated during the 2022 legislative session failed to pass, with most dying in the early stages of development. Nothing has changed in the state’s sociopolitical environment that would suggest anything will be different this year.”

In North Carolina, the state Senate passed a bill to legalize medical marijuana in June 2022, but the House of Representatives declined to take up the legislation. Brian Fitzpatrick, chairman and CEO of cannabis software developer Qredible Inc, notes that public support for medical marijuana legalization is strong, and if a bill makes it to the desk of Democratic Gov. Roy Cooper, he’s likely to sign it into law.

“A poll carried out in January 2021 by Elon University found that 73% of North Carolinians supported medical cannabis,” Fitzpatrick said in an email. “A subsequent poll in May 2022 showed that support had increased to 82% across bipartisan lines. I believe that the governor is aware of this and will fully support the legalization of a medical cannabis bill in 2023.”

In Kentucky, where an executive order from Democratic Gov. Andy Beshear decriminalizing medical marijuana went into effect on New Year’s Day, a bill to legalize both medical and recreational cannabis was unveiled by lawmakers on January 7. The measure, Senate Bill 51, would legalize and regulate the “possession, cultivation, production, processing, packaging, transportation, testing, marketing, sale and use of medical cannabis and adult-use cannabis,” according to a report from the online resource Business Insurance. With Kentucky being one of the nation’s largest hemp producers, industry insiders believe the legislation has a good chance of success this year.

The Midwest and Surrounding States

Several states in the Midwest could make advancements in cannabis policy reform in 2023. In Ohio, voters could get the chance to vote on a cannabis legalization measure championed by the Coalition to Regulate Marijuana Like Alcohol, which was kept off the ballot for the November midterm election after legal challenges. Last week, Secretary of State Frank LaRose reintroduced the proposal, which would legalize marijuana for adults 21 and older and levy a 10% tax on commercial cannabis products. If the state legislature doesn’t approve the measure within four months, the coalition can collect signatures to put the proposal before the votes in the fall. Trent Woloveck, chief commercial director of cannabis commerce platform Jushi, believes legalization efforts have an even chance of success in Ohio this year.

“It is very unlikely that the legislature acts on the initiated stature in the next four months, but reasonably likely that the Coalition will be able to gather the additional required signatures for the effort to make the ballot,” he says. “While polling would suggest a ballot initiative legalizing cannabis would pass, the Senate president and other legislators disagree. And, even if voters approved an initiated statute, the legislature would have unrestricted authority to repeal or materially revise legalization.”

Like Hawaii, Pennsylvania has a new governor, Democrat Josh Shapiro, who has expressed support for legalizing recreational marijuana. The issue has been stymied in years past by Republican lawmakers, but a new Democratic majority in the state House of Representatives may help the chances at success.

“While we’ve heard some interest from both sides of the aisle in previous years, conversations about legalization seem to be happening among a much larger group of legislators with increased frequency and specificity,” Woloveck says. “It also sounds like many legislators, including several previously unwilling to engage in any cannabis-related discussions, now acknowledge something has to be done about the illicit market and to stop revenue from flowing to neighboring states where people can buy legal, regulated cannabis for non-medical purposes.”

After legalizing low-potency THC edibles last year, cannabis policy experts say Minnesota could be the most likely state to legalize recreational marijuana in 2023. The state’s Democratic-Farmer-Labor Party (DFL) is now in charge of both the legislative and executive branches of government, and party leaders including Gov. Tim Walz have said that cannabis legalization will be a priority for 2023. Last Wednesday, a bill sponsored by DFL lawmakers Rep. Zack Stephenson and Sen. Lindsey Port received the approval of a legislative committee, with more hearings on the measure to come.

In Oklahoma, where 10% of adults hold cards to participate in the state’s liberal medical marijuana program, voters will decide on a ballot measure to legalize recreational cannabis in March. If passed, State Question 820 would legalize marijuana for adults 21 and older. The measure also contains provisions to expunge past convictions for marijuana-related offenses. Proponents of the measure had hoped it would appear before voters during the November midterm elections, but a delay in certifying petition signatures and legal challenges from opponents prevented its inclusion on the ballot.

Lawmakers in other states including Georgia and Delaware could also take up measures to legalize marijuana this year, although the prospects for success in 2023 seem unlikely given the political climate in those states. But progress in cannabis policy will probably continue if the trend seen over the last decade goes on.

“Since 2012, when Colorado and Washington became the first states to legalize cannabis, we’ve seen an average of two states per year pass adult-use laws,” Vicente notes. “I predict that 2023 will continue this trend with both Oklahoma and Minnesota looking very likely to legalize.”

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Minnesota Adult-Use Legalization Bill Clears First Hurdle

Democratic lawmakers in Minnesota have begun their push for marijuana legalization, with a bill clearing the first of many legislative hurdles this week. 

The bill “cleared the first of what may be up to a dozen committee hurdles when the House Commerce Finance and Policy Committee approved” the measure “by a voice vote Wednesday and sent it to the House Judiciary Finance and Civil Law Committee,” the Minnesota House of Representatives Public Information Services department reported.

The bill would legalize cannabis for adults 21 and older, and would establish the regulatory framework for legal marijuana sales that would begin within months of the measure’s passage. 

It was introduced by Democrats in the Minnesota House of Representatives last week.

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference announcing the legislation at the state capitol last week. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Stephenson and his fellow Democrats in St. Paul have long been eager to bring cannabis legalization to the Land of 10,000 Lakes, but they have until now been stymied by Republican lawmakers.

But that changed after November’s elections, when Minnesota Democrats regained control of the state Senate and retained their majority in the state House of Representatives. 

The state’s Democratic governor, Tim Walz, also won re-election this past fall, and has been a vocal advocate for marijuana legalization in Minnesota.

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet after Democrats introduced the legalization bill earlier this month.

At the committee meeting on Wednesday, Stephenson expressed confidence that the bill, buttressed by public support, would ultimately make it to Walz’s desk.

The news service recapped amendments that were considered at the committee meeting on Wednesday:

“The subject of local control — or lack thereof — was the subject of an amendment unsuccessfully offered by Rep. Kurt Daudt (R-Crown). It would have given cities or towns options to enact local ordinances regulating cannabis business licenses that could differ from those proposed statewide. Two other Republican amendments were adopted. One offered by Rep. Anne Neu Brindley (R-North Branch) would add a health warning for pregnant or breastfeeding women on cannabis products. And an amendment from Rep. Jeff Dotseth (R-Kettle River) would require the Office of Cannabis Management to study the health effects of secondhand cannabis smoke. Stephenson said the Dotseth amendment was a good idea, but noted his bill already would prohibit smoking cannabis in places where smoking is not allowed under the Clean Indoor Air Act.”

Polls have shown that Minnesota voters are ready to enter a post-prohibition era. 

The moves by state Democrats were foreshadowed by one of Minnesota’s best-known politicians, former Gov. Jesse Ventura, who said after the November elections that Walz had called him directly to say that legalization would get done.

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

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Minnesota Dems Introduce Legalization Bill

Democratic lawmakers in Minnesota wasted no time in their efforts to legalize recreational marijuana in the state this year, as they introduced a bill on Thursday that would do just that. 

The legislation, spanning 243 pages, “would set up a regulatory framework and permit cannabis use for any reason for people 21 and older,” according to Minnesota Public Radio, which noted that legal “marijuana sales and use would begin within months of passage of [the bill].”

“Cannabis should not be illegal in Minnesota,” Democratic state House Rep. Zack Stephenson, one of the bill’s authors, said at a press conference on Thursday at the state capitol in St. Paul, as quoted by Minnesota Public Radio. “Minnesotans deserve the freedom and respect to make responsible decisions about cannabis themselves. Our current laws are doing more harm than good. State and local governments are spending millions enforcing laws that aren’t helping anyone.”

Local news station WCCO reports that the proposal would “legalize the purchase, sale and use of recreational cannabis for Minnesotans 21 or older,” and would also “expunge low-level cannabis convictions, which Democrats say is an equity issue because Black residents are disproportionately arrested for possession, according to data from the ACLU.”

“We designed this bill to address the wrongs of prohibition, to bring people out of the illicit market and into a regulated market, which means that we tried to not have a really high tax on cannabis so that it can compete,” said Democratic state House Rep. Aisha Gomez, as quoted by Minnesota Public Radio.

Democrats there are bullish that this will be the year Minnesota joins the dozens of other states to end the prohibition on pot. 

“I believe 2023 will be the year we legalize adult-use cannabis,” Stephenson said at the press conference on Thursday, as quoted by WCCO.

Stephenson is right to be confident about the bill’s prospects. Democrats won back control of the state Senate in November’s elections and retained their majority in the state House. The state’s Democratic governor, Tim Walz, also secured re-election last year, and has long championed cannabis legalization. 

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota. I’m ready to sign it into law,” Walz said in a tweet on Thursday

The move by state Democrats on Thursday was telegraphed by one of Walz’s predecessors. 

Following the November elections, former Minnesota Gov. Jesse Ventura said that Walz pledged to him personally that Democrats would get legalization over the line in 2023. 

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, at the time. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

There is reason to believe that voters in the Land of 10,000 Lakes are ready for legalization, too.

A poll released in September found that 53% of voters in Minnesota support legalizing recreational pot use, while only 36% of voters there said they were opposed.

Minnesotans don’t have to wait for the bill’s passage to get a fix though. A law that took effect last summer authorized the sale of food and beverages containing a small amount of THC.

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Minnesota Files Lawsuit Against Several Companies for Illicit Edible Sales

The state of Minnesota said Monday that it is suing a trio of businesses for alleged violations of the state’s edible cannabinoid laws, saying that they are selling products that contain up to 50 times the permitted amount of THC. 

The lawsuit filed by the Minnesota Board of Pharmacy targets three companies, one of which, Northland Vapor—a company with retail locations in Minnesota, North Dakota, and South Dakota—allegedly “sold edible cannabinoid products that contain THC far in excess of five milligrams per serving and far in excess of 50 milligrams per package.”

Under Minnesota state law, the Board of Pharmacy explained, “an edible cannabinoid product…must not contain more than five milligrams of any hemp-derived tetrahydrocannabinol (THC) in a single serving or more than a total of 50 milligrams per package.”

Investigators for the agency “found packages containing 2,500 milligrams of THC, 50 times the amount permitted under Minnesota law,” the Board said. 

Perhaps the most notable contraband swept up in the investigation were thousands of packages of the Delta-8 THC products known as “Death by Gummy Bears.”

As the Minnesota Board of Pharmacy explained, the “U.S. Food and Drug Administration (FDA) received complaints about serious adverse events associated with Northland Vapor’s ‘Death by Gummy Bears’ delta-8 THC products, including a death.”

Minnesota Public Radio reports that the board’s lawsuit “says the owner of the companies, Brett Erpelding, acknowledged to investigators that they sold products that were not in compliance with Minnesota law but maintained the products were not sold in Minnesota.”

“The pharmacy board, in conjunction with the U.S. Food and Drug Administration, has been investigating Erpelding’s companies after the FDA was notified in October that a healthy 23-year-old in West Virginia died shortly after consuming 10 Death by Gummy Bears brand items. The cause of death in the case was listed as undetermined,” Minnesota Public Radio reported.

Last month, on November 8, the Board of Pharmacy and the FDA “initiated an inspection at Northland Vapor’s manufacturing warehouse in Moorhead, Minnesota,” the Board said in its release, noting that investigators discovered “edible cannabinoid products that matched those for sale on the companies’ websites and at their retail location that were in violation of state law, including the following: Approximately 28,896 packages of Death by Gummy Bears, labeled as 25 individual gummy bears at 100 milligrams of THC per serving, totaling 2,500 milligrams per package; Approximately 112,710 packages of Death by Gummy Bears, labeled as 10 individual gummy bears at 100 milligrams of THC per serving, totaling 1,000 milligrams per package; Approximately 2,400 packages of Wonky Weeds Gummies, labeled as 10 individual gummies at 30 milligrams of THC per serving, totaling 300 milligrams per package; and Approximately 2,310 bottles of Wonky Weeds THC Syrup, containing 700 milligrams of THC per bottle.”

The state’s new edible law took effect last summer, catching some lawmakers and residents off guard, who weren’t aware that Minnesota had effectively legalized recreational cannabis. The law has come under criticism for its lack of regulations and safeguards.

The state’s Democratic governor, Tim Walz, has long expressed his support for legalization and now that he has secured re-election––and now that the Democrats have regained control of the state legislature––there is hope that an even more robust cannabis law may soon be arriving in the Land of 10,000 Lakes. 

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Minnesota Adds New Qualifying Conditions to Medical Cannabis Program

The Minnesota Department of Health announced on Wednesday that the agency will add irritable bowel syndrome and obsessive-compulsive disorder to the list of qualifying medical conditions for participation in the state’s medical cannabis program. Under state law, the addition of the new qualifying conditions will become effective beginning on August 1, 2023, according to state officials.

“We are adding the new qualifying conditions to allow patients more therapy options for conditions that can be debilitating,” Minnesota Commissioner of Health Jan Malcolm said in a statement from the health department.

Irritable bowel syndrome (IBS) is a disorder characterized by abdominal pain or discomfort, as well as irregular bowel movements that can result in diarrhea, constipation, both diarrhea and constipation, or bloating. Obsessive-compulsive disorder (OCD) is characterized by recurring, intrusive thoughts that often cause significant emotional distress and anxiety in those living with the disorder. This can lead to repetitive actions or other behaviors that those affected by the condition feel compelled to perform to reduce that distress.

“Research has shown that people who suffer from these conditions can see benefits from using medical cannabis to treat their symptoms,” the health department wrote. 

The new qualifying conditions offer a modest expansion to the state’s medical cannabis program, with an estimated 10% of adults having IBS and 1% meeting the diagnostic criteria for OCD, according to media reports. 

Minnesota Patients Support Adding New Conditions

In public comments on the petitions to add IBS and obsessive-compulsive disorder to Minnesota’s medical marijuana program, a man identified by the initials RH described himself as a working professional with a wife and two daughters.

“My daily life consists of constant fear and stress,” said RH, who noted he has OCD. “Practically the only time I am free of the symptoms is when I am sleeping.”

Under state rules, patients certified for the newly approved qualifying medical conditions will become eligible to enroll in the state’s medical cannabis program on July 1, 2023. Patients will be able to receive medical cannabis from either of the state’s two medical cannabis manufacturers beginning on August 1, 2023. Patients who wish to use medical marijuana to treat any of the state’s qualifying conditions need advance certification from a participating Minnesota healthcare provider.

Opioid Use Disorder Not Approved

The health department declined to approve petitions to add opioid use disorder and gastroparesis, a condition that affects the normal spontaneous movement of the stomach muscles, to Minnesota’s list of conditions that qualify a patient to use medical marijuana. The petition not to add gastroparesis was not approved as a qualifying medical condition because research indicates that cannabis can make the condition worse.

Chris Tholkes, director of the Minnesota Department of Health’s Office of Medical Cannabis, said that the decision not to add opioid use disorder was a difficult one, noting that limited access to existing treatment options, such as methadone clinics, in some geographic areas was one factor that supported approval of the petition.

“We did struggle with this one,” Tholkes told the Star Tribune, adding that medical providers were concerned that “introducing another type of drug could lead to relapse. And in the case of opioid use, relapse can be fatal.”

The decision not to approve opioid use disorder comes as Minnesota and the nation remain in the grips of an opioid overdose death epidemic. Many public comments revealed success in substituting marijuana for opioids.

“After having gone (through) nine years of painkiller use under medical prescription for pain, I know that the use of cannabis would help ease the withdrawal side of it,” said a commenter, identified publicly by the initials TB. “I only use cannabis now.”

When Minnesota lawmakers passed legislation creating the state’s medical cannabis program in 2014, the law included nine conditions that qualified a patient to receive medical cannabis. With the new additions, the list of qualifying conditions will be 19. Current qualifying conditions include chronic pain, post-traumatic stress disorder (PTSD), cancer in certain circumstances, glaucoma, and other serious medical conditions.

More than 39,000 Minnesotans are enrolled in the state’s medical marijuana program, up from 29,000 in 2021. Almost all registered participants are qualified because of intractable or chronic pain, and about a third for PTSD. Muscle spasms, cancer, and sleep apnea are also common qualifying conditions.

New Conditions Considered Annually

Each year, the health department conducts a formal petition process to solicit public input on potential qualifying medical conditions and delivery methods, followed by a public comment period and a review panel.

Under state rules, the commissioner of health is required to annually consider new petitions to add qualifying medical conditions and cannabis delivery methods. No petitions for new delivery methods were submitted this year.

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Jesse Ventura: Minnesota Gov. Promised Me Legalization Will Be Top of Agenda

Former Minnesota Gov. Jesse Ventura said this week that the current occupant of the office is determined to get cannabis legalization over the line. 

Minnesota Gov. Tim Walz secured a second term in Tuesday’s election, beating Republican challenger Scott Jensen 52% to 45%. That wasn’t the only good news of the night for Walz. Democrats in the state flipped the state Senate, giving the party control over the entire legislature. 

Ventura, who served as governor of Minnesota from 1999 to 2003, said on his podcast that Walz gave him a call on Wednesday––and shared some news that will excite legalization advocates in the Land of 10,000 Lakes.

“The sticking point for cannabis in Minnesota were Republicans in the (Senate),” Ventura said, as quoted by local news station Fox 9. “Well, they lost it now, and the governor reassured me that one of the first items that will be passed — Minnesota, get ready — cannabis is going to have its prohibition lifted. That’s the news I got today.”

Ventura endorsed Walz in his re-election campaign last month, and the former governor said the incumbent reached out to thank him for his support.

Ventura also said that Walz “invited him to attend the future bill signing ceremony,” according to Fox 9.

“The thing that honors me is I’ve been invited to when the bill gets signed,” Ventura said, as quoted by the station. “The current governor, he said, ‘This started with you, so you deserve to be there and see it come to a close over 20 years later.’”

Walz has long spoken in favor of legalizing cannabis for adults in the state. In January, he and his lieutenant governor, Peggy Flanagan, introduced a budget proposal that included marijuana legalization.

The proposal included “a tax on marijuana, a measure to expunge non-violent marijuana-related convictions, the creation of a Cannabis Management Office and resources for substance-abuse prevention and treatment,” according to the Minnesota Reformer.

That proposal was met with immediate opposition from a coalition of various businesses, trade groups and other organizations that formed “Minnesotans Against Marijuana Legalization” earlier this year.

Democrats in the Minnesota state House have pushed legalization measures for years.

House Majority Leader Ryan Winkler helped pass a legalization bill in that chamber last year.

“The failed criminalization of cannabis has resulted in a legacy of racial injustice that can no longer go unaddressed,” Winkler said in a statement following its passage in 2021. “Adults deserve the freedom to decide whether to use cannabis, and our state government should play an important role in addressing legitimate concerns around youth access, public health, and road safety. Veterans and Minnesotans with serious illnesses like PTSD deserve better access to our medical program, which is not working well for most people. It’s time to legalize, expunge, and regulate.”

Walz not only has the legislature now on his side, but polls have shown that Minnesota voters are also ready to end pot prohibition in the state.

A survey from the Minneapolis Star Tribune in September found that 53% of voters in the state support the legalization of recreational pot use, while just 36% said they were opposed to the idea.

But those voters can still get high legally, thanks to a law that took effect in July allowing the sale of food and drink products containing small amounts of THC.

The law caught surprised some legislators, who had no idea that the bill they passed––which was aimed at providing stronger regulation on hemp-derived products––effectively legalized weed.

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Breaking: Maryland and Missouri Vote to Legalize Cannabis

Voters in Maryland and Missouri voted to legalize recreational marijuana in Tuesday’s midterm elections, bringing the total number of states that have legalized cannabis for use by adults to 21. Ballot measures to legalize marijuana failed to win a majority of votes in Arkansas, North Dakota and South Dakota, however, with voters in those states instead opting to maintain nearly a century of cannabis prohibition. 

Maryland Approves Question 4

In Maryland, voters approved Question 4, a referendum that amends the state constitution to legalize marijuana and directs the state legislature to pass legislation to regulate commercial cannabis activity. With 82% of the votes counted on Wednesday afternoon, Question 4 was on its way to approval with nearly two-thirds (65.5%) of the vote, according to data from The New York Times. Troy Datcher, the CEO of California-based The Parent Company (TPCO), said that he is encouraged by the passage of Question 4 in Maryland, noting that the measure mandates expungement for eligible cannabis convictions and includes resentencing provisions for other offenses. He also noted the high level of support for legalization in the state. In July, TPCO, the home of Jay-Z’s luxury cannabis brand Monogram, announced that it would be entering Maryland’s medical marijuana market through a partnership with Curio Wellness. 

“The fact that Question 4 garnered more support than any adult-use cannabis ballot measure in the country’s history speaks to the shared support that Americans of all political stripes have for moving past the unjust cannabis laws that have criminalized Americans for nearly a century,” Datcher said in an email to Cannabis Now. “Tuesday’s vote also reflects the massive potential of adult-use legalization to stimulate Maryland’s economy, creating tens of thousands of new jobs for its residents and generating considerable tax revenue for the state.”

Missouri Voters Say Yes To Legalization

In Missouri, Amendment 3 was projected to be approved by voters, tallying more than 53% of the votes on Wednesday afternoon with 89% of ballots counted. The successful amendment to the state’s constitution legalizes the possession, use, sale and delivery of marijuana for personal use and sets a 6% tax on commercial cannabis sales. Additionally, the amendment includes provisions for the expungement of certain marijuana-related convictions. Jeffrey M. Zucker, vice chair of the Marijuana Policy Project board of directors and president of the consulting company Green Lion Partners, praised the work of activists who campaigned to make legal recreational marijuana part of the state’s constitution.

“It is an exciting time for the people of Missouri as their state legalizes adult-use cannabis,” Zucker said in an emailed statement. “I am in awe of the hard work that cannabis activists have done in Missouri, and I look forward to seeing how both established medical marijuana dispensaries and new players in Missouri’s regulated cannabis industry grow and begin to thrive over the coming months.”

With the approval of the cannabis legalization measures, Maryland and Missouri have become the 20th and 21st states to legalize recreational marijuana for adults. Mason Tvert, communications adviser for the cannabis and psychedelics law firm Vicente Sederberg LLC, noted that in addition to ending the criminalization of cannabis, the successful ballot measures in Maryland and Missouri will spur economic development and create new jobs.

“With legal cannabis in these two states comes new economic opportunity. Expansion of the regulated cannabis market will result in new businesses, more jobs, and significant tax revenue,” Tvert wrote in an email. “There is still plenty of work to be done when it comes to implementing the new law and ironing out all the rules. Marijuana-related policy discussions will become the new norm in state and local governments, much like we see with alcohol. Ending prohibition is just the beginning.”

Three States Decline To Legalize Weed

Despite the strong showing for cannabis policy reform in Maryland and Missouri, voters in Arkansas, North Dakota and South Dakota rejected ballot measures to legalize recreational marijuana. Arkansas voters said no to Issue 4, with more than 56% of the electorate voting against the measure. In South Dakota, cannabis legalization initiative Measure 27 only garnered 47% of votes, with 53% voting against it. And in North Dakota, where voters approved a 2020 ballot measure to legalize recreational marijuana that was invalidated by the state Supreme Court, voters declined to repeat their previous approval of reform. Measure 2, which would have legalized the possession and use of cannabis for adults, received the approval of 45% of voters, with nearly 55% voting against the measure.

Other Races Bode Well For Continued Reform

Although marijuana legalization measures were only on the ballot in five states on Tuesday, other races in this week’s midterm elections are likely to foster progress on cannabis policy reform efforts. In Minnesota, control of the state Senate was won by Democrats, giving the party control of both houses of the legislature and the governor’s office. With the new majority in the Senate, lawmakers are likely to advance legislation to legalize adult-use cannabis, according to a report from Marijuana Moment.

“We are excited about the prospects for full legalization, but Minnesotans who want to see legalization will still have work to do,” said Maren Schroeder, coalition director for the MNisReady Coalition. “We’re optimistic that we’ll get it across the finish line in 2023.”

In Pennsylvania, voters elevated Lt. Gov. John Fetterman, an outspoken advocate of cannabis policy reform, to the US Senate, where he will be a new voice for progress on the issue at the federal level. Voters also selected fellow Democrat Josh Shapiro as governor over Republican Douglas Mastriano, who characterized recreational marijuana legalization as a “stupid idea,” according to a report from Marijuana Moment. Tracey Kauffman, founder and chairperson of cannabis consulting firm Cannaspire, says that the results in her home state of Pennsylvania indicate a willingness among voters to support candidates who are in favor of cannabis policy reform.

“Yesterday was a huge victory for cannabis in Pennsylvania. Both John Fetterman and Josh Shapiro support legalizing adult-use cannabis and expungement, so hopefully we will see swift changes in our state,” Kauffman wrote in an email. “I would like to see a cannabis task force organized so we can analyze key learnings from how our neighbors in New York and New Jersey have approached legalization and translate them into what will be successful in Pennsylvania.”

The National Organization for the Reform of Marijuana Laws (NORML) lauded the approval of cannabis legalization measures in Tuesday’s election, noting in a statement on Wednesday that in addition to the successes in Maryland and Missouri, marijuana decriminalization measures were passed by voters in several cities located in states that maintain prohibitions on adult-use cannabis, including Texas and Ohio.

“While this year’s mid-term elections may not have been a ‘clean sweep’ for reform advocates, our momentum continues unabated,” NORML deputy director Paul Armentano said in a statement from the advocacy group. “Are we in a stronger place today than we were yesterday? Of course we are. Two more states, Maryland and Missouri, have wisely elected to legalize and regulate cannabis — policies that will expand the freedoms and civil liberties of over 7 million Americans. In addition, voters in cities across this country — including over 400,000 Texans — acted to end the senseless and counterproductive policy of arresting and prosecuting those who possess and use cannabis.”

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Poll: Majority in Minnesota Want Legal Weed

For two months, Minnesota residents have gotten a taste of legal marijuana sales. Now, a new poll shows they are ready for the real thing.

The new MPR News/Star Tribune/KARE 11 survey, which was released on Sunday, found that 53% of registered voters in the Land of 10,000 Lakes support the legalization of recreational cannabis use, while 36% of voters said they were opposed. Eleven percent of Minnesota voters said they were not sure, according to the poll.

The findings come in the shadow of a new state law that took effect in July that permitted the sale of food and drink products that contain a small amount of THC.

The new law slipped through the cracks in the state legislature, catching consumers and even some lawmakers off guard when the edibles hit shelves this past summer.

It was written by Democratic state House Rep. Heather Edelson, who said her intention was to place rules and standards on hemp-derived products that were underregulated.

“There were these products that essentially didn’t really have regulations on them. But people were consuming them,” Edelson said at the time.“They were being sold all over the state of Minnesota, and a lot of them in gas stations.”

Under the new law, food and beverages with .3% THC may be sold so long as the cannabinoid has been derived from legally produced hemp.

That cleared the way for a slew of new edibles sold in Minnesota, prompting some local governments to impose their own restrictions on the sale.

Some Republican lawmakers said they were blindsided and that they had no idea the bill would result in the sale of edibles.

“I thought we were doing a technical fix, and it winded up having a broader impact than I expected,” Republican state Sen. Jim Abeler said at the time.

The findings from the new survey, which was conducted last week, suggest that voters in Minnesota want to go even further with cannabis reform.

As Minnesota Public Radio reported, support “for legalizing cannabis cuts across age groups, voters’ geographic location, level of education, race and gender, with majorities backing the plan across those categories,” although legalization “faces greater opposition among Republicans, with just under 65% of those who identified as Republicans opposing the proposal to make cannabis available for recreational use, compared to 29% of GOP voters who support it.”

The poll was conducted September 12-14 and is based on interviews with 800 registered voters. It has a margin of error of 3.5%.

The Minnesota legislature is currently split, with Democrats controlling the state House and Republicans holding a majority in the state Senate. The state’s Democratic governor, Tim Walz, has expressed his support for the legalization of recreational cannabis use for adults.

In his office’s budget proposal in January, Walz called on the legislature to legalize recreational pot use and establish a new Cannabis Management Office to regulate sales in the state.

The governor’s budget proposal would dedicate “25 million dollars toward the legalization of adult-use marijuana in Minnesota,” FOX9 reported.

The Cannabis Management Office would “be tasked with developing a framework for legal cannabis in Minnesota,” the station reported, and the $25 million in earmarked funds “would also pay for grants for ‘individuals entering the legal cannabis market.’”

 On April 20 this year, Walz reiterated his support for the policy.

“It’s time to legalize adult-use cannabis and expunge cannabis convictions in Minnesota,” Walz said on Twitter.

Walz is up for re-election this year. His Republican challenger, Scott Jensen, has said he is in favor of bringing the legalization question before Minnesota voters on the ballot.

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