Colorado ends prohibition of online cannabis sales: Weekly regulatory news 
regulatory news
The Week in Brief is your weekly snapshot of regulatory news and what's happening in the world of professional licensing, government technology, and public policy. This week in regulatory news, Colorado Governor Jared Polis passes new legislation allowing the online retail of cannabis statewide, the SEC files lawsuits against two of the world's largest cryptocurrency exchanges, and more.

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Colorado ends prohibition of online cannabis sales 

Online cannabis retail in Colorado will soon be a reality, thanks to new legislation signed by Gov. Jared Polis on June 1. Under the new law, customers will still need to show up in person to pick up their cannabis purchases, and they will need to provide valid identification matching their online credentials upon doing so. Online retailers must also provide the same warnings and educational materials that are required at their brick-and-mortar locations. 

Proponents of the new law argue it is a necessary step forward in the development of the cannabis industry overall. These supporters include Rep. Said Sharbini, a co-sponsor of the bill who says it will help businesses limit their cash handling and make it easier for vendors to work with banks. The industry is currently dominated by cash transactions in part because federal regulations impose strict rules and reporting requirements on banks who choose to work with cannabis retailers. 

Online shopping for cannabis products is not without precedent in Colorado – Gov. Polis issued an executive order temporarily authorizing it in 2020, as a response to the COVID-19 pandemic. This authorization, however, expired in 2021, and for the next two years, legislation to legalize online retail struggled under scrutiny from lawmakers who argued it would make cannabis more accessible to young people in the state. Read more about the new law at Cannabis Now. 

SEC files lawsuits against two major crypto exchanges 

The U.S.’s Securities and Exchange Commission (SEC) has taken legal action against Coinbase, the largest crypto asset trading platform in the country, over allegations the company has processed crypto transactions that disregard regulatory rules. In its complaint, the SEC argues that those who participate in the crypto market through Coinbase are left without the legal protections afforded to those who trade on, for example, a stock exchange. 

Though the regulator is primarily seeking monetary penalties from the company, the move is intended to put pressure on Coinbase so that it changes its way of operating or otherwise shuts down. Following the SEC’s lawsuit, Coinbase’s share value fell by 20% and more than 20 U.S. states announced legal action against the company over alleged violations of state-level laws. 

The lawsuit against Coinbase comes just one day after the SEC filed suit against Binance, the largest cryptocurrency exchange in the world. This move included a request in federal court for an order to freeze the company’s U.S. assets. Some experts say the lawsuits against Coinbase and Binance are just the start of a larger overall crackdown on cryptocurrency in the U.S. Read more at CBC.

Wisconsin lawmakers move to streamline licensing process 

The Wisconsin Assembly recently passed six bills intended to address long wait times for credentialing in the state. The legislation, largely supported by Republicans and opposed by Democrats, will now move on to the state Senate. Proponents argue these changes would remove red tape from the licensing process and help to mitigate Wisconsin’s years-long labor shortage. 

One of the new bills would extend many license renewal deadlines from once every two years to once every four years. Another would codify interstate licensing reciprocity agreements – which allow certain workers from out of state to practice with preliminary licenses while they wait for credentialing in Wisconsin – for additional professions ranging from dental hygienists to naturopathic doctors. 

Critics of the legislation, which include Democratic lawmakers and officials from the Department of Safety and Professional Services, say the proposed changes would not address the core issues leading to credentialing delays. They argue the new measures will increase the DSPS’s workload without providing adequate funding to handle it. Read more at The Wisconsin State Journal. 

Indiana opens licensing process for pharmacy benefit managers 

New standards for pharmacy benefit manager (PMB) licensure in Indiana are now active, as the state’s Department of Insurance opened its application process last week. The standards are the result of a 2020 bill that set provisions for licensing requirements, renewal fees, and other credentialing rules for PMBs, who act as intermediaries to negotiate drug prices between manufacturers, insurers, and pharmacies. 

Certain changes to the licensure standards were made during this year’s legislative session, including amendments requiring PMBs to pass along rebates they receive to patients or to group plans. Applications must include audited financial statements reflecting a positive net worth, articles of incorporation (or other business organization documents), and a statement describing the applicant’s business plan, among other state-specific items. 

Senator Ed Charbonneau, who helped author the bill, acknowledged the new rules would not impact most of the state’s insured citizens, as the law only affects those who buy individual plans from the Affordable Care Act marketplace and those who are part of fully funded group plans. Proponents, such as those from the Diabetes Leadership Council, still believe the new law will help hundreds of thousands throughout the state. Read more at Inside Indiana Business. 

Georgia Supreme Court declares lactation consultant licensing unconstitutional 

 The Supreme Court of Georgia has decided that a 2016 law regulating lactation consultants in the state is unconstitutional. This is the second time the court has struck down this legislation since it was first passed in 2016. Critics of the law argue it pushed consultants out of the profession and created a costly barrier to entry for providers in low-income areas.  

The ruling arose from a lawsuit against Secretary of State Brad Raffensperger by Reaching Our Sisters Everywhere, a nonprofit organization based in DeKalb County that offers breastfeeding support to minority communities. According to Raffensperger, though he opposed the legislation when it was first introduced, his duty as Secretary of State obliged him to defend it.  

In his opinion, Chief Justice Michael Boggs argued there is no evidence of public harm from breastfeeding support services offered by practitioners without IBCLC licensure. Additionally, the court writes that the Georgia Lactation Practice Act “violates Plaintiffs’ due process rights… to practice [their] chosen profession.” Read more at GPB News. 

More news:

  • The Insurance Council of British Columbia (ICBC) is pushing for new regulatory rules that would create licensing standards for the “incidental selling of insurance.” ICBC CEO Janet Sinclair said companies who offer a primary product and sell insurance for that product alongside it should not be exempt from licensing rules. Which industries will be targeted for licensing under the new regime has yet to be revealed. 
  • Two Republican committee chairs in the U.S. House of Representatives are proposing a possible framework to regulate cryptocurrency. Their proposal is intended to clarify gaps between the rules of the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC), and it also attempts to clarify under what circumstances a crypto token would be considered a commodity or a security. 
  • Wisconsin has launched a new web platform for radiologic technologist applicants (as well as health care employers) to monitor the licensing process. The new system is intended to address professional licensing delays that have affected the state’s radiology departments since 2020. Since the pandemic, waiting times for rad tech licenses have risen from as few as 15 days to as many as 120 days following graduation. 

Also noteworthy:

Interesting opinion, commentary, and analysis from the web:

Disclaimer: The thoughts, opinions, and commentary of the articles we share links to in Week in Brief do not necessarily reflect those of Ascend Magazine or Thentia. 

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Jordan Milian
Written byJordan Milian
Jordan Milian is a writer covering government regulation and occupational licensing for Ascend, with a professional background in journalism and marketing.

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