Dual-Market States Are Neglecting Medical Cannabis—and It’s Fixable

A Call for Realism and Unity in the Cannabis and Hemp Industry

Good afternoon, everyone. My name is Eric Foster, and I serve as the National Policy Director for Cannabis and Hemp at Minorities for Medical Marijuana. Within our industry, we continue to encounter significant challenges. Unfortunately, the responses we have seen so far have not been effective, nor have they reflected the level of realism necessary to address the obstacles before us. Across the country, prohibitionist movements are on the rise in multiple states, including Massachusetts, Maine, Arizona, and Oklahoma. At the same time, we are witnessing ongoing defeat and lack of progress at the federal level, as well as setbacks in various states. For instance, the New Hampshire State Senate recently chose not to advance a bill for adult-use cannabis that had already passed the House. Additionally, Senator Steve Daines from Montana—a key supporter of cannabis banking access—has announced his retirement. To date, there has been no coordinated effort to identify or support a candidate who could champion our industry’s interests in that Senate race. On the legislative front, the Farm Bill remains three years overdue. Although it has passed the House Agriculture Committee, it still contains hemp bans that are scheduled to take effect on October 1st. Given these developments, we must ask ourselves: What are we, as an industry, truly doing? Where are we headed? At Minorities for Medical Marijuana, we believe we can play an important role in bringing the industry together. What we need now is a convening grounded in realism. Our aim is to unite stakeholders from across the sector, encouraging everyone to step back, assess our current position, and develop a strategic plan for the future. At this moment, we are not in a good place—we are losing ground rather than making progress. Turning things around will require concrete action—not just hope, thoughts, or prayers. We are prepared to help bring together stakeholders from both cannabis and hemp to foster ongoing, realistic dialogue. While there have been collaborative efforts among various groups, too many still operate in separate silos. That is why we are calling for a convening of realism. We must first level set and accept where we stand. Despite being a mature industry, we continue to struggle with limited resources, insufficient traction, and lack of influence. Our strategies are too often fragmented, and this must change. Let’s make 2026 the year we get organized and come together to map out concrete actions. It is time to assess our strengths, capabilities, and challenges—state by state and at the federal level—and begin taking meaningful steps in each area. If we persist with our current disjointed approach, we risk losing our place as an industry altogether. For more information, please visit us at www.m4mmunited.org or minorities4medicalmarijuana.org. You can also reach me directly at eric@m4mmunited.org. Let’s create a strategic plan together, and by May, come together for a convening of realism to discuss and implement real actions for real outcomes and impact. The time for disconnected approaches is over. Thank you. Go Green, Go White. Wishing everyone a blessed day. About Minorities for Medical Marijuana (M4MM):M4MM is a national nonprofit organization advocating for health equity, criminal justice reform, economic empowerment, and diversity in the cannabis and hemp industries. Headquartered in Orlando, Florida, M4MM has active programs in over 25 states and supports both policy advocacy and community education. Common Sense by Eric Foster is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Thanks for reading Common Sense by Eric Foster! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit ericfoster52.substack.com/subscribe [https://ericfoster52.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]

Dual-Market States Are Neglecting Medical Cannabis—and It’s Fixable

Across the country, dual-market states are running the same experiment—and getting the same result: adult-use expands, and medical cannabis quietly declines. This is not because patients stopped needing medical cannabis. It’s because state policy frameworks often treat medical like a legacy program, while adult-use becomes the growth engine. The duplex problem: one foundation, two realities The simplest way to explain what’s happening is to imagine a duplex. Two homes share a foundation and structure. But one side gets the upgrades: new windows, a new furnace, new shingles, regular maintenance. The other side becomes rundown—still operating like it’s 1955. That’s the medical vs adult-use pattern we keep seeing: * adult-use gets modernized systems, better access, more investment * medical gets treated as “still there,” but not prioritized * eventually, patients and consumers choose the side that feels supported Then policymakers ask: “How do we reinvigorate the medical program?” The answer isn’t branding. It’s value. If a state wants medical cannabis to stand up in a dual market, the solution is not a new slogan or a minor rule tweak. The solution is building medical value that adult-use cannot replace. That means real clinical and observational research tied to: * product development, * measurable health outcomes, * and evidence that can inform physicians and patients. M4MM’s recommendation: build clinical research capacity and partnerships For New Jersey and other dual-market states, M4MM recommends a clear, proactive strategy: * Operationalize medical cannabis researchMany states have “research language” in statute, but it sits underused. This is the moment to build a real research pipeline. * Create a clinical research licensing pathwayStates can establish a clinical research license category (or a functional equivalent) that supports structured partnerships and studies. * Fund and facilitate partnershipsAlign in-state resources so research universities, hospital systems, and licensees can run pilots and studies that document outcomes. * Prioritize health equityMedical cannabis research should include conditions that disproportionately impact minority communities and other underserved populations—so medical programs serve real needs with real evidence. Medical should function like prescription care Medical cannabis should operate like prescription medications: targeted, outcome-based, evidence-informed care. Adult-use is closer to over-the-counter access. A strong dual market requires both—but it only works when medical is treated as a medical system worth investing in. Call to action If your state wants a robust medical program that survives alongside adult-use, the time to rebuild is now—before medical becomes permanently irrelevant. M4MM is available to partner with policymakers, regulators, researchers, licensees, and advocates to structure real-world solutions. Partner with M4MM: minorities4medicalmarijuana.orgFor additional information, please contact: By Eric Foster National Policy Director for Cannabis & Hemp Minorities for Medical Marijuana Email: eric@m4mmunited.org [eric@m4mmunited.org] Common Sense by Eric Foster is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Thanks for reading Common Sense by Eric Foster! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit ericfoster52.substack.com/subscribe [https://ericfoster52.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]

Ballot Initiatives Won’t Save the Cannabis and Hemp Industries

For years, our industries have treated ballot initiatives like the ultimate “save-all” strategy — the clean path around gridlocked legislatures, the public-facing win that makes policy durable. But here’s the reality: a ballot initiative is not a shield. It can be a tool. It can be a spark. It can be a breakthrough. But it is not a guaranteed defense against prohibition forces — especially in states where political power is structured to override, weaken, delay, or undermine what voters approve. And if we’re serious about protecting patient access, civil liberties, and long-term industry viability, we need to start acting like it. Prohibition is reorganizing Over the past year-plus, we’ve watched a growing wave of prohibition-driven activity aimed at rolling back progress. In some states, the target is adult-use. In others, the target is medical programs. Even when these attacks fail, the fact that they’re happening matters. It signals something the industry can’t afford to ignore: Our “license to operate” is still being contested. For an industry that has been evolving for roughly 30 years, that should alarm every stakeholder — patients, operators, investors, advocates, suppliers, regulators, and elected officials. Why ballot wins don’t automatically protect you The uncomfortable lesson many reform movements have learned is this: Winning at the ballot box doesn’t guarantee implementation or preservation. Depending on the political environment, legislatures can: * amend voter-approved laws, * restrict them through later legislation, * slow-walk implementation, * undermine agency enforcement, * or refuse to fully execute the policy as intended. So when the industry treats ballot initiatives like the end of the story, we make the same mistake over and over: we win the headline — but we don’t secure the foundation. The “car repossession” moment for cannabis and hemp Here’s the analogy I’ve used because it captures what this moment feels like: Imagine you’ve done everything you were told to do. You moved out. You got your education. You got a decent job. You’re paying the bills. You’re building a life. And suddenly, somebody shows up anyway — to take your car, your credit cards, and maybe even your home. That’s what these rollback efforts represent: a direct threat to stability. A signal that “progress” can be treated as temporary unless we actively defend it. The industry has to unify — across the four corners If we want real protection and a durable future, we have to stop operating as separate tribes and start operating as one coordinated ecosystem. That means bringing together all four corners of the industry: * Medical marijuana — patient access, healthcare outcomes, and physician/patient protections * Adult-use / civil liberties — rights, justice, and durable reform that can’t be casually reversed * Industrial non-consumable hemp — manufacturing, fiber, building materials, logistics, and broader economic development * Consumable hemp THC sector — products currently operating in a rapidly shifting policy environment that needs clarity, safety standards, and stability When we fight separately, prohibition wins state-by-state.When we align, we can build durable protections state-by-state and federally. What M4MM is committing to At M4MM, we will continue to be a rallying voice — not just for one segment of this ecosystem, but for the coalition that has to exist if we want to win. That includes: * state-level engagement where programs are under attack, * federal-level advocacy where scheduling, research, banking, veterans access, and regulatory frameworks are still unresolved, * and collaboration with tribal nation partners who are critical to this fight. Shout out to the Indigenous Cannabis Industry Association and partners who understand that sovereignty, policy durability, and economic inclusion are all connected in this space. The posture we need now: proactive and positively aggressive I’ve said it like this: we have to be proactive — positively aggressive — like a friendly bill collector who is mildly aggravated, because the stakes are real. Not chaotic. Not reckless. Not performative. But consistent, organized, disciplined, and persistent — the kind of advocacy that changes outcomes. Call to action If you’re part of any corner of this industry — and you don’t want someone to come “repossess” what’s been built — then it’s time to work together. Partner with M4MM: https://minorities4medicalmarijuana.org/ Let’s get in this fight together. We have work to do — and we can’t wait until the next rollback attempt becomes the one that succeeds. For additional information, please contact: By Eric Foster National Policy Director for Cannabis & Hemp Minorities for Medical Marijuana Email: eric@m4mmununited.org Common Sense by Eric Foster is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Thanks for reading Common Sense by Eric Foster! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit ericfoster52.substack.com/subscribe [https://ericfoster52.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]

Charlie Brown, Lucy, and the Lie: Texas Politics Just Played the Cannabis and Hemp Industry Again

By Eric FosterCo-Founder, The Change Maker Initiative and The Future – Today & Tomorrow Super PAC Every session, someone in the cannabis or hemp industry gets excited—believing this will be the moment Texas finally turns a corner. But every time, like Charlie Brown charging toward Lucy’s football, we fall flat. This year, that football was Texas House Bill 46 and Senate Bill 3. Let me say it plainly: Neither HB 46 nor the veto of SB 3 is a win for the cannabis or hemp industry. Both are symptoms of a broken political system. And until we change who writes the laws, we'll keep getting Lucy’d. 🧠 The “Victory” of HB 46 Is a Mirage Yes, HB 46 expands the Compassionate Use Program (TCUP). It adds new qualifying conditions like chronic pain, traumatic brain injury, and hospice-related illnesses. It raises the number of vertically integrated medical marijuana licenses from 3 to 15, introduces metered inhalers and nasal sprays, and allows regional satellite storage. But here’s the truth: * The program is still limited to low-THC oil (≤1%). * Smoking and high-potency formulations remain banned. * Licenses are vertically integrated, meaning only large, well-capitalized players can compete. * No equity provisions exist to ensure new market entrants are diverse or community-rooted. In short, HB 46’s “expansion” reaffirms a model that benefits a handful of operators and leaves behind the majority of patients, entrepreneurs, and underserved communities. As I said in my recent address, “It’s like Ford, GM, and Chrysler all over again. If you're not already scaled like the Big Three, you’re not getting in. You’re not becoming the next Studebaker.” 🔥 Abbott’s SB 3 Veto Is No Gift to Hemp On the other side, Governor Abbott’s veto of SB 3 has been framed by some in the hemp space as a “win.” It isn’t. The veto simply postponed the reckoning. SB 3, authored by Sen. Charles Perry and championed by Lt. Gov. Dan Patrick, sought to ban all hemp-derived products containing any cannabinoid other than CBD or CBG—including Delta-8, Delta-9, Delta-10, HHC, and THCA. Texas Policy Research [https://www.texaspolicyresearch.com/texas-senate-bill-3-dan-patricks-ban-on-all-thc-products/] described it as a “comprehensive prohibition” cloaked in consumer protection rhetoric. Abbott vetoed the bill not because he supports hemp freedom—but because, as he wrote, it was likely unconstitutional and legally unenforceable, citing the Arkansas case as a blueprint for its likely invalidation in federal court. But even in his veto message, Abbott doubled down on demonizing the hemp industry—citing a tragedy involving a 15-year-old in Houston [https://www.rev.com/transcripts/dan-patrick-press-conference-on-thc-bill-veto] as justification to crack down. His message ends not in support of the hemp sector, but with a call for a new, enforceable ban to come in the July special session. Let’s be clear: this was not a veto grounded in support for hemp-derived THC. It was a delay tactic meant to produce a bill that can survive litigation and still crush the market. 🧩 The Bigger Pattern: Culture War + Cartel Capitalism Both actions—HB 46’s passage and SB 3’s veto—fit into a broader pattern: * Hyper-regulated vertical licensing for a select few cannabis players. * Reactionary, fear-driven attacks on hemp-derived cannabinoids. * No meaningful support for small, Black, Latino, Indigenous, or veteran-owned businesses. Lt. Gov. Dan Patrick’s press conference [https://www.rev.com/transcripts/dan-patrick-press-conference-on-thc-bill-veto] made it abundantly clear that this is a culture war issue for Texas Republicans. They frame cannabinoids as poison, dispensaries as public threats, and business owners as bad actors. Patrick even accused Abbott’s veto of being a backdoor attempt to legalize marijuana. Meanwhile, Patrick’s proposed SB 3 framework [https://www.txccri.org/single-post/the-truth-about-hemp-senate-bill-3-senate-engrossed-version] mirrored alcohol laws: closed Sundays, regulated hours, and location bans near churches and schools. It would have devastated thousands of legal businesses, caused an estimated $19.27 million loss to state and local revenue [https://www.texaspolicyresearch.com/texas-senate-bill-3-dan-patricks-ban-on-all-thc-products/], and empowered corporate monopolization. 🛠 So What Now? Change Who Writes the Laws The cannabis and hemp industries can no longer afford to be politically passive or fragmented. For 20 years, we’ve spent on lobbyists, ballot campaigns, and friendly candidates—but without a unified strategy, we remain vulnerable. That’s why we launched the Change Maker Initiative. And that’s why this message matters: We must stop being Charlie Brown. Stop charging toward political promises from officials who’ve never let us kick the football. 🚨 Support the Change Maker Initiative To fix this system, we need a political reset. That means: * Electing pro-cannabis and pro-hemp champions at the state level. * Creating a cannabis industry voting bloc that turns out in primaries and general elections. * Building sustainable funding for year-round political pressure—not just reactive fire drills. 👉 Support the Change Maker Initiative: * 💰 Make a financial contribution [https://www.futurepac.today/changemaker/] * 🤝 Join as an organizational partner * 📢 Help spread the message online and in your community If we don’t change who writes the laws, nothing changes. Let’s kick the football for real this time. Thanks for reading! Subscribe for free to receive new posts and support my work. Thanks for reading! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit ericfoster52.substack.com/subscribe [https://ericfoster52.substack.com/subscribe?utm_medium=podcast&utm_campaign=CTA_2]