Massachusetts cannabis businesses challenge constitutionality of federal drug laws

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A group of Massachusetts weed businesses have filed a lawsuit seeking to bar the government from enforcing federal drug laws against state-regulated cannabis companies.

They’re represented by the powerhouse law firm of David Boies, best known for high-profile litigation seeking the breakup of Microsoft, representing former Vice President Al Gore in the contested 2000 presidential election and defending disgraced movie mogul Harvey Weinstein.

The legal landscape for state-regulated marijuana markets has changed dramatically since the U.S. Supreme Court last weighed in on the issue in 2005, when it ruled against medical marijuana patients in California, even though the state’s legal market was limited to within its borders.

“What was once a single-minded federal crusade against the cannabis plant has been replaced with an ambivalent set of inconsistent policies, some aimed at reducing federal interference with state efforts to regulate marijuana,” the complaint states.

The plaintiffs: The lawsuit was filed by Canna Provisions, which has two dispensaries in the state, Gyasi Sellers, one of the earliest licensees in Massachusetts’ social equity program, cannabis cultivator Wiseacre Farm and Chicago-based Verano Holdings, which has cannabis operations in more than a dozen states.

Their argument: The cannabis companies outline a variety of ways that federal drug laws harm their businesses, including lack of access to financial services, punitive federal tax rates and an inability to secure federally subsidized grants and loans.

Times have changed, the plaintiffs argue, since the Supreme Court last weighed in on state-legal cannabis in 2005 with Gonzales v. Raich. At that time, the justices ruled that the federal government can crack down on state-legal medical marijuana patients because their actions bolstered the market for illicit marijuana.

They further argue the federal government has abandoned efforts to “eradicate” marijuana with Congress’ appropriations riders preventing enforcement of federal drug laws against state medical marijuana programs, as well as Justice Department policies of non-enforcement in state-legal cannabis markets.

The 38 state-regulated marijuana markets have contributed to a decline in the illicit marijuana trade, the complaint says.

“From 2012 to 2022, the amount of illicit marijuana seized by U.S. Customs and Border Protection declined by almost 95 [percent],” according to the complaint. “Marijuana consumers are getting their marijuana less and less from the interstate channels that Congress sought to prohibit, and more from regulated intrastate retailers.”

Furthermore, cannabis products available on Massachusetts’ regulated market are distinguishable from illicit cannabis, the complaint argues, thanks to the state’s stringent regulations on lab testing and seed-to-sale tracking.

What they want: The plaintiffs are asking the court to declare that the Controlled Substances Act is unconstitutional as applied to state-regulated marijuana markets and to block the federal government from enforcing the federal drug law that’s been on the books since 1970.

Just seeing a sick person can trigger your immune system, Chapman professor finds

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You’re in an elevator with someone sneezing and dripping and hacking and coughing. You back into a far corner, horror on your face and revulsion in your gut.

That’s normal!

As cold, flu and COVID season sets in, we chatted with Chapman University’s Patricia Lopes, an assistant professor of biology, who studies how sick individuals impact those around them. It’s not as clear-cut as it may seem. Turns out that simply observing a sick individual triggers not only that familiar behavioral response — get away! — but a complex biological response as well.

“The really interesting aspect is, it also changes your physiology,” she said.

Her own experiments and reviews of scientific studies find that, when healthy animals interact with animals showing symptoms of illness, molecular pathways related to immune responses activate. Egg composition changes. And all without those animals actually being sick themselves, as if their bodies are prepping for a fight.

Consider one of the experiments that galvanized Lopes’ curiosity: People watched a slideshow. Their blood composition was measured before and after. After folks saw images of sickness — coughing, sneezing, blisters on the skin, etc. — their blood showed an increased level of molecules that could help respond to infection.

The slideshow was repeated with threatening images of a different sort — such as guns pointed at the viewer — and the blood did not show elevated levels of infection-fighting molecules after viewing.

“So I became really interested and I started reading and trying to understand how generalized this is,” Lopes said. “Is it just in humans? Throughout animal kingdom? I did find that, for a lot of species, from fruit flies to birds to other mammals, we see examples of this.”

When female mice were exposed to sick mice during pregnancy, their babies rebounded from the same sickness more quickly down the line.

But the physiological response to nearby sickness might not always be a positive one. Female Japanese quail housed with sickly-looking animals laid eggs containing more stress hormones, which could have an impact on their offspring.

Lopes has a three-year, $600,000 grant from the National Science Foundation to probe this under-studied phenomenon.

Canaries at a pet bird exhibition in 2017.  (KHALIL MAZRAAWI/AFP via Getty Images)

“The objective for this proposal is to study how exposure to disease risk affects the physiology and reproductive investment of uninfected animals, as well as their own responses upon infection,” her abstract for the NSF says. “To accomplish this goal, a host-parasite system (canary – Mycoplasma gallisepticum) will be used, where responses to disease risk have already been demonstrated to occur.

“To quantify how observation of infected symptomatic birds … relative to observation of healthy birds affects animals, the project will 1) use a transcriptomic approach (studying all RNA molecules) to address how multiple organs respond to disease risk over time, 2) evaluate whether and how disease risk information modifies the damage and the time course imposed by a subsequent infection, and 3) quantify changes in reproductive behavior and investment imposed by the presence of disease risk.”

Lopes hopes to have some results starting next summer.

“The interesting thing to me is that it really shows the mind-body connection,” Lopes said. “You’re receiving this signal — watching, smelling, hearing sickness symptoms — and then your immune system changes. This nervous system changing the immune system is a very interesting avenue of research — that your nervous system has this power to change your immune cells and immune response.”

It’s not at all clear how long these responses last, so folks shouldn’t count on them to ward off illness. Vaccination is the way to go as we enter peak cold, flu and COVID season, she said.

This makes me recall with agonizing clarity that episode when my eldest was barely 2, feverish, coughing, runny nose, the whole shebang. I was changing her diaper, standing her up on the dressing table to pull up her jammy pants, when she Exorcist-vomited into my face.

I had managed to escape sickness until then, but was certain my luck had finally run out. Miraculously, though, I didn’t get sick. Maybe this helps explain why.

Lopes says her research aims to unveil the hidden ripple effects of infections. When one individual falls ill, it’s not just their problem — it’s a complex story that can impact the health and behavior of many others.

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Georgia’s congressional map violates Voting Rights Act, court finds

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A federal court on Thursday found that Georgia’s congressional map violates the Voting Rights Act, the latest Southern state to have its map struck down for discriminating against Black voters.

A judge ordered the state legislature to redraw the lines by early December. The ruling will likely be appealed by Georgia Republicans. It could lead to the creation of an additional majority-Black district in the state — although the immediate partisan effects aren’t clear.

“Georgia has made great strides since 1965 towards equality in voting,” district court Judge Steve C. Jones, a Barack Obama appointee, said in his decision. “However, the evidence before this Court shows that Georgia has not reached the point where the political process has equal openness and equal opportunity for everyone.”

Jones’ lengthy opinion said Black voters’ power had been diluted following extensive population growth in the state that has been disproportionately powered by Black residents. The remedy, he ordered, should involve the creation of “an additional majority-Black congressional district in west-metro Atlanta.”

He gave the GOP-controlled state legislature until Dec. 8 to enact a new map that complies with the Voting Rights Act by giving more power to Black voters there. If the state “is unable or unwilling to” do so, the court will draw the lines.

The state’s current delegation has 9 Republicans and 5 Democrats after the latest round of redistricting. That was a one-seat GOP gain from before the decennial redistricting process, in which Republican mapmakers effectively dismantled two rapidly diversifying suburban Atlanta seats to make one safe Democratic seat based in Gwinnett County and a deep-red district to its north.

It wasn’t immediately clear whether the creation of a new majority-Black district would create an additional Democratic one; four out of the five Democratic districts are currently majority-Black, but Rep. Lucy McBath’s (D-Ga.) is not. (McBath is Black.) It may be possible to make another majority-Black district west of Atlanta without shifting the overall partisan balance of the state’s districts.

“While the outcome of the process remains unclear, one thing is certain: Rep. McBath will not be letting Republicans in the state legislature determine when her work serving Georgians is done,” Jake Orvis, McBath’s campaign manager, said in a statement following the ruling.

Jones also ruled that the state House and state Senate map also violated the Voting Rights Act, saying they too must be redrawn.

The order is just the latest finding that a Southern state’s Republican-drawn congressional map illegally weakened the power of Black voters. The Supreme Court affirmed a lower court order earlier this year that found that Alabama needed to create a second predominantly Black district. A court-drawn map was imposed there earlier this month after the GOP-dominated legislature refused to draw lines that would do so.

A similar challenge to Louisiana’s map is ongoing and may resolve before the 2024 election.

Earlier this week, North Carolina Republicans redrew their congressional lines in a particularly efficient partisan gerrymander that could flip as many as four seats there. Immediately following its passage, Democrats suggested that it, too, was a racial gerrymander and that they would challenge it. But it isn’t clear how successful their case would be — and any challenge to those lines would be unlikely to resolve before the 2024 election.

Nicholas Wu and Ally Mutnick contributed to this report.

How companies are helping employees stuck between work and caring for aging parents

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Matthew Boyle | Bloomberg News (TNS)

Ellen Kessler was visiting her mother in Florida last year when things took a bad turn.

“She called me at 3 a.m. and was just hysterical, frightened that someone was in the house,” Kessler, who was staying at a hotel nearby, said. “I got there, and it was like she was not the same person. I didn’t know what to do.”

Concerned about leaving her then 91-year-old mother on her own, Kessler decided to bring her back with her to Maryland, which she said was “the worst mistake I ever made.” Being away from home exacerbated her mother’s anxiety and added a demanding burden to daily life for Kessler, a 60-year-old senior director at hotel chain Hilton Worldwide Holdings Inc.

Kessler’s bind has become increasingly common. More than half the U.S. labor force has caregiving responsibilities outside of work, and some 37 million Americans can spend an average of nearly four hours a day looking after an elder, according to U.S. government data. Workers who tend to aging parents and have children at home, the so-called sandwich generation, report even higher levels of emotional and financial strain, according to AARP.

Estimates of the economic cost of caregiving in the U.S. range from $264 billion to as much as $600 billion. “The impact is felt by a surprisingly large share of the population and it comes at an enormous cost,” according to a report from health insurer Blue Cross Blue Shield. Many people who are trying to balance their professional lives with caregiving are forced to miss work, take leave or quit their jobs.

One startup is trying new ways to help working caregivers carry the load. When Kessler explained her situation to her boss, she learned that Hilton had a new elder-care benefit managed by a startup called Wellthy. Other big companies, including electronics retailer Best Buy Co., tech bellwether Meta Platforms Inc. and mutual-fund giant Vanguard Group Inc., also offer Wellthy’s services to employees.

Just 12% of companies extend some form of elder-care support, according to Gallagher Surveys. Though a growing number of large employers offer workers paid caregiver leave, and many have referral or counseling services, hardly any offer tailored, expert advice on navigating the complex, acute challenges of caring for older family members. That means Wellthy has little direct competition.

That relative lack of elder-care options stands in contrast to the wider availability of child-care benefits, such as pretax set-asides for daycare expenses and emergency backup-care services.

Wellthy helps workers navigate the myriad issues that can arise when an older family member needs care. When Kessler reached out to Wellthy, they connected her with care consultant Lynda Cooke. Kessler’s mother has macular degeneration that impairs her vision, but she had resisted moving somewhere with full-time caregivers, so Cooke guided the family through finding a home health aide.

Then, a nighttime fall that resulted in a broken rib changed Kessler’s mother’s thinking about assisted living. “She said, ‘Ellen, I will not fight you anymore,’” Kessler recalled. Cooke was able to change course and provide Ellen with detailed questions to ask the facilities, guidance on negotiating fees and emotional support.

“Between the hospital, rehab and trying to work, it’s a lot,” Kessler said. “You really feel the wear and tear of being there for your parent.”

The employee-assistance programs (EAP) that many big companies offer typically can’t help employees navigate the labyrinthine maze of long-term care providers, regulations and payment options. Some employers offer services that steer employees to vendors, but shortages of home health aides and other workers in low-paid, high-turnover health-care roles can make actually getting help difficult.

“It’s a big, gaping hole,” said Boston Consulting Group managing director and partner Suchi Sastri, part of a team whose research estimated that the nation’s caregiver shortage, compounded with its aging population, will cost the U.S. $290 billion annually starting in 2030. “I don’t think it’s top of mind right now, but it has to be on the agenda of CEOs.”

Lindsay Jurist-Rosner co-founded Wellthy in 2014 after struggling to balance a demanding career in marketing with caring for her mother, who had multiple sclerosis and died in 2017. She started offering the concierge service to individuals but quickly expanded to focus on selling it to employers as a sponsored benefit, meaning it’s free for employees. Companies usually pay between $3 and $6 per employee per month. That gets them access to Wellthy’s network of care specialists — many of them experienced social workers — who are available around the clock.

“People come to us in crisis,” Jurist-Rosner said. “You have few moments in your life like this, so we have to deliver extraordinarily well.”

Christopher Cowan, the chief human resources officer at ChristianaCare, a Delaware-based health-care network that employs 13,700 people, gave Wellthy a shot last August. While Cowan said “it’s not cheap,” he said it will pay for itself if it helps him hold on to 11 nurses or three executives who might otherwise have left due to caregiving duties.

Harvard Business School professor Joseph Fuller, who has studied the effect of caregiving on the labor force and advised Jurist-Rosner when she was launching Wellthy, said those obligations are a primary driver of employee turnover. “It does not take much utilization to justify the coverage,” he said. In addition to elder care, Wellthy also provides help for young children, teens and the employees themselves.

Laura Fuentes, Hilton’s human-resources chief, said Wellthy saved its 49,000 U.S. employees 20,000 hours in less than a year, convincing her to expand it to the company’s UK and Ireland employees. Kamy Scarlett, Best Buy’s senior executive vice president of human resources, corporate affairs and Canada, said Wellthy has saved its 90,000 workers about 60,000 hours over the past two years, and has one of the highest satisfaction ratings of any of its employee benefits.

“I went through this years ago and if I had Wellthy then, I would have made different decisions,” Scarlett said.

For all Wellthy does — its specialists will also interview vendors on behalf of workers — it can’t offset the costs of care, which can be unpredictable and steep. Wellthy also can’t diagnose maladies or prescribe medications.

For workers who don’t have access to elder-care benefits, especially those who still have kids living with them, balancing work and family can feel overwhelming. Kelly Mann, 50, holds a high-ranking corporate job helping companies map out hybrid work. She has a teenage daughter with attention-deficit hyperactivity disorder, and aging parents facing serious health issues.

Her 79-year-old mother was recently rushed to the hospital with diverticulitis, and a follow-up MRI found a brain bleed, requiring a neurological consult. A stay in a rehab facility was initially rejected by her mother’s health-insurance provider, forcing Mann to spend five hours on the phone appealing the decision. Then, her mother had a stroke, putting her back in the hospital.

Around the same time, her father, 85, was diagnosed with midstage dementia, requiring a daytime home health aide. Mann’s husband, who works in residential real estate, helps out, but Mann says juggling everything is a burden.

“I have unlimited time off,” Mann said. “If you do not, you are screwed.”

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