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Opening arguments began Tuesday in an extraordinary last-minute challenge lodged against a Nebraska medical marijuana legalization campaign as voters continued to cast ballots a week before Election Day.

The main question hanging over the lawsuit against Nebraskans for Medical Marijuana - brought by an anti-cannabis former state senator and later joined by Nebraska's top elections official – is whether votes cast for two MMJ legalization measures will count.

Legalization advocates characterized the lawsuit as a desperate, last-ditch ploy to yank the measure by any means necessary from the ballot, where it seemingly is likely to pass.

"The state has failed and will continue to fail to meet their burden to prove that any of the signatures certified by the Secretary of State and local election officials should be thrown out," Adam Morfeld, a co-sponsor of the Nebraskans for Medical Marijuana campaign, told MJBizDaily.

But with the trial scheduled to last at least the rest of this week, it's unknown whether an answer will come before Election Day. And early voting in Nebraska has been underway for more than three weeks.

Lost in all the legal maneuvering is that Nebraskans appear to favor medical marijuana: 59% of respondents to a recent Midwest Newsroom/Emerson College Polling survey said they support MMJ legalization, compared with 33% opposed and 8% unsure. Read story >

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• Missouri establishing cannabis reference testing lab to improve standards. Read story >

Hemp-derived & medical cannabis news

Kentucky awards 26 medical marijuana business licenses in lottery

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Kentucky regulators have awarded 26 medical marijuana licenses for cultivators and processors seeking to operate in the state's impending industry.

The businesses chosen Monday in the Office of Medical Cannabis' lottery must pay a licensing fee within 15 days or forfeit their ability to receive a license, according to the agency's executive director, Sam Flynn.

Kentucky's MMJ program, which the governor signed into law in March 2023, is slated to begin Jan. 1 with 48 operational dispensaries.

The date for the lottery to select dispensary licensees will be announced Thursday. Read story >

Texas hemp businesses say in federal lawsuit they were targets of illegal raid

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A group of Texas hemp businesses and a smoke shop operator have filed a federal lawsuit against the city of Allen, law enforcement agencies and officials, claiming they initiated an illegal raid on hemp stores and unlawful arrests.

The lawsuit, filed by the Hemp Industry Leaders of Texas (HILT) and Sabihe Kahn in U.S. District Court for the Eastern District of Texas, alleges the municipality and police agencies violated the plaintiffs' Fourth, Fifth, Eighth and 14th Amendment rights in raiding a legal hemp business.

According to court documents, the plaintiffs claim legal hemp products were seized through an "overbroad search warrant" and that a testing lab failed to use updated testing methodologies that altered the concentrates of legal THCA into illegal delta-9, rendering the probable cause for the search warrant "inaccurate and lacking."

The plaintiffs are seeking temporary and permanent injunctive relief, all seized property returned, improved testing standards, search warrant bans based solely on THC and attorney fees. Read story >

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CPAs offer 280E guidance to Treasury, IRS ahead of marijuana rescheduling

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In a letter to the U.S. Department of Treasury and the IRS, the American Institute of CPAs (AICPA) is trying to provide guidance aimed at cannabis businesses and tax professionals ahead of potential marijuana rescheduling.

"Since the beginning of decriminalization and legalization of marijuana across a growing number of states, cannabis businesses and their CPAs have struggled to walk the tightrope of an industry that is locally legal but federally illegal," Melanie Lauridsen, vice president of tax policy and advocacy for the AICPA, wrote in the letter.

"It's imperative that the federal government's tax administration bodies provide guidance to these profitable businesses and their advisers in advance of the rescheduling of marijuana to help ensure a clear understanding of their federal tax obligations and mitigate non-compliance." Read story >

Costa Rica awards 57 licenses for cultivation, production of hemp derivatives

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Two years after beginning the process, Costa Rica has finalized the licensing for businesses seeking to cultivate and produce hemp-derived products.

The Central American country's Ministry of Agriculture and Livestock (MAG) awarded 57 licenses for the two categories.

The licenses are good for six years.

Most of the licenses have been awarded to businesses in Costa Rica's capital city, San Jose, and the province of Guanacaste, according to MAG data. Read story >

More Headlines

• South Dakota medical cannabis operators hope adult-use legalization would bring sales plan. Read story >
• New Mexico marijuana firms sue federal agencies over 'unlawful' seizures. Read story >
• Unlicensed New York cannabis operator is penalized $9.5 million. Read story >
• Value of an MJ trademark more than just bag appeal. Read story >

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MJBizCon Conference Agenda is now LIVE!

It's time to celebrate the launch of the most comprehensive MJBizCon to date — we're talking 200+ speakers and four full days of sessions. Below are a few session highlights:

MANUFACTURING, PROCESSING & DISTRIBUTION

Thursday, Dec. 5 • 2:50-3:30 p.m.

Christopher Lackner is the founder, president & CEO of the Hemp Beverage Alliance, the trade association representing the hemp beverage industry. With more than 175 members in the U.S. and Canada, the Alliance is creating a safe and thriving industry through education, advocacy, best practices and partnership.

BUSINESS SERVICES & POLICY

Thursday, Dec. 5 • 2:50-3:30 p.m.

Kerry Hinkle

Kerry's journey in the cannabis industry began only months before the 2018 Farm Bill was signed, as the first retail employee of an upscale franchised CBD store in Indianapolis. Serving as Director of Membership and Public Affairs with the U.S. Hemp Roundtable, Kerry has worked with multimillion- and billion-dollar companies to champion and secure hemp-friendly legislation at state and federal levels. 

Michael Bronstein

Michael Bronstein is the co-founder and president of Bronstein & Weaver, Inc. In 2011, Michael was named to the Democratic "Dream Team" of American Political Consultants. Michael received Politics Magazine's Rising Star Award, was named a "Top Ten" political consultant by PA2010.com and listed as one of the 500 most "influential" political consultants in the U.S. by Campaigns & Elections Magazine. 

R E S O U R C E S

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