You Can't Make This Stuff Up (and yet…)
This free-content issue includes an update on cannabis legalization at the state legislature, expert advice about workplace safety issues, and emergence of canna lounges and restaurants
The Pre-Roll curates the most important cannabis news and developments at the intersection of policy, politics, and industry development. With over 1,500 subscribers, the Pre-Roll is Minnesota’s premier source for cannabis-related information and intelligence.
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1. Legalization Bill Update
HF100/SF73 continues to make its way through its dozens of committee stops. Our friends at Marijuana Moment have been providing excellent detailed coverage of each committee hearing, including descriptions of the amendments that have been adopted and rejected along the way:
So far in the House, HF100 has passed through: Commerce Finance and Policy, Judiciary Finance and Civil Law, Environment and Natural Resources Finance and Policy, Labor and Industry Finance and Policy, State and Local Government Finance and Policy, Agriculture Finance and Policy, Workforce Development Finance and Policy, Human Services Policy, Education Finance, and Health Finance and Policy.
So far in the Senate, SF73 has passed through: Judiciary and Public Safety, Commerce and Consumer Protection, Jobs and Economic Development, Agriculture, Broadband, and Rural Development, Environment, Climate, and Legacy, and Health and Human Services.
One testifier who’s shown up to a few committee stops to share his story has particularly caught the public’s attention. As reported by the Star Tribune, Former Minnesota Governor Jesse Ventura shared the story of how he broke the law to obtain marijuana to treat his wife's seizures before the state legalized medical cannabis in 2014. He hopes that legalizing marijuana for adult-use will make it more affordable for those who rely on it for medical purposes given how notoriously expensive Minnesota’s medical cannabis program continues to be. Ventura also testified that the tax on marijuana should be no higher than alcohol's and that the minimum age for use should match the age at which one can enter the military. More recently, Ventura has declared that he hopes to be appointed as the director of the Office of Cannabis Management when the bill becomes law.
Jesse’s not the only one getting major attention for his comments in committee. GOP Senator John Jasinski of Faribault went viral this month for arguing that cannabis shouldn’t legalized because it would put drug-sniffing dogs out of a job. Jasinki characterized it as a “big issue,” but hasn’t had anything to say about the small issue of the tens of thousands of Minnesotans who’ve been put out of a job by non-violent cannabis crime convictions.
Stay tuned for news and analysis about the top issues under negotiation as the adult-use legalization bill makes its way through the legislature in the next premium issue of the Pre-Roll exclusively for our paid subscribers. Not a paid subscriber? Click the button to become one now!
2. Seriously?
Per MPRNews, a 70-year-old Minnesota man with diabetes went to his favorite smoke shop and asked the clerk for something sweet to stabilize his blood sugar and, according to him, was sold a package of gummies but wasn’t told they contained hemp-derived THC. He ate half a dozen of them, got high, and ended up going to hospital. He then filed complaints with the local police, the attorney general’s office, the MN Board of Pharmacy, and the U.S. Food and Drug Administration. The AG’s office investigated the complaint and closed the case. The local police said no laws had been broken. The FDA said the issue is in the state’s jurisdiction. The Board of Pharma, the state agency with jurisdiction, is currently investigating the complaint. According the article’s author, the incident “raises fresh questions about the lack of clarity around Minnesota’s fledgling THC products law and whether the state is ready to regulate cannabis.”
Uh… okay, let’s see if we’ve got this right. A customer over the age of 21 went into an age-restricted smoke shop that sells hemp-derived THC products in a state where those products are legal for smoke shops to sell to consumers over the age of 21. He then consumed 7 servings of the product in one sitting and didn’t get violently sick, suffer any injury, or die as he would have with just about any other legal intoxicant. The AG’s office investigated and, presumably, didn’t find anything to support the assertion that the store clerk diabolically “tricked” a frequent customer of obviously advanced age who explicitly disclosed his medical condition into buying an intoxicant that, if compliance with the existing legal requirements passed in July 2022 for these products, came in a childproof package containing only 10 gummies and almost certainly costing more than $15. There’s nothing in the article to suggest that the product wasn’t appropriately labeled as containing THC plus dosage and serving size information, as is also currently required under the law passed in July 2022. The state agency with authority to enforce that law is currently investigating the complaint—pursuant to its complaint process—and, if it finds that the product wasn’t properly labeled, has the authority to embargo the product and impose penalties. And, there’s a 300-page bill making its way through the legislature right now to put in place a comprehensive regulatory framework for such products and an entirely new agency to enact and enforce that framework. So what exactly are the fresh questions about the state’s readiness to regulate cannabis?
3. Speaking of Manufactured Issues. . .
Minnesota Lawyer features an article about one of the most asked and answered and then asked again and answered again and asked [you get the point] questions—how can employers possibly maintain workplace safety if cannabis is legal? What sets this article apart, however, is its inclusion of sound and reasonable guidance from one of the many employment attorneys who have sound and reasonable guidance on this issue:
Some have suggested that legalization could exacerbate a worker shortage. “But I don’t see that in my practice,” [David] Waytz [a shareholder and employment and labor attorney with Minneapolis-based Fredrikson & Byron] said.
The proposed bill does not include a requirement that employers test for cannabis – unless a job-related government contract requires it, he said. Otherwise, companies could choose not to test for cannabis.
Overall, the bill is “just unclear” in regard to other, testing-related aspects — not unusual for a bill that is still in the process of working its way through legislative committees, Waytz noted.
The concept of “safety sensitive” employee has already been defined, Waytz pointed out: a position — including management and supervisory roles — in which impairment caused by drugs or alcohol may threaten the health and safety of any person.
His advice to clients: “You need to decide how much you care about cannabis usage in the workplace; it’s certainly a safety concern for industries like construction, manufacturing, health care (among others).” For employers in other industries, “if you don’t want to worry about cannabis use, you don’t have to test for it.”
According to Waytz, “the general trend with my clients across industries has been to limit the amount of cannabis testing.”
Given the scientific and legal complexities, “we counsel employers to focus on safety and job performance, and not necessarily get hung up on whether someone will ultimately test positive for drugs. But companies should remember that they can still test for almost any other drug under the sun.”
4. Canna Lounges & Restaurants are All the Buzz
Minnesota’s first cannabis lounge, Potshotz, opened its doors last month. From KROC: “Potshotz serves drinks infused with THC and, similar to a brewery, they have plenty of games to encourage you to hang out with your friends for a while. Of course, there are plenty of snacks for sale as well, plus coloring books if you're in a doodling mood.”
Bent Paddle Brewing Company also launched its Cann-A-Lounge in Duluth last month. From Bring Me The News: “The lounge is designed to be reminiscent of That '70s Show, with imbibers of hemp-derived beverages and edibles able to pass the time with puzzles, adult coloring books, and vintage High Times magazines. Surrounded by plants, multiple couches and nooks, the hangout spot also includes a vinyl record player and a selection of records to choose from.”
Wanna guess when Minnesota’s first cannabis restaurant, Juniper, opened its doors? Last month! How’d you know? From the Star Tribune: “The chef-driven vegan restaurant — which will not serve alcohol — will offer guests a tincture with 5 milligrams of THC to be sprinkled onto food and drink as one wishes. It's a kind of choose-your-own THC adventure in an upscale setting.”