Amazon is reaffirming its support for federal marijuana legalization, and it disclosed on Tuesday that its earlier decision to end drug testing for cannabis will also be retroactive, meaning former workers and applicants who were punished for testing positive for THC will have their employment eligibility restored.

The company’s move to end marijuana drug testing for many positions in June was widely celebrated by reform advocates and industry stakeholders. But at the time, Amazon only talked about ending the policy going forward.

In a new blog post, Beth Galetti, Amazon’s senior vice president of human resources, clarified that it has also “reinstated the employment eligibility for former employees and applicants who were previously terminated or deferred during random or pre-employment marijuana screenings.”

The reason for the move away from marijuana testing is multifaceted, Amazon said. The growing state-level legalization movement has made it “difficult to implement an equitable, consistent, and national pre-employment marijuana testing program,” data shows that drug testing “disproportionately impacts people of color and acts as a barrier to employment” and ending the requirement will widen the company’s applicant pool.

That said, unlike in its June announcement, Amazon’s new update places an emphasis on ending “pre-employment” drug testing for cannabis. It used broader language before, announcing that it will “no longer include marijuana in our comprehensive drug screening program.”

Amazon also reiterated that it would like to see Congress pass legislation to end federal cannabis prohibition. It cited the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act and the Cannabis Administration and Opportunity Act (CAOA) as examples of bills that it supports.

For the latter legislation—which is being sponsored by Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ)—Amazon participated in a public comment period and submitted feedback that it shared with lawmakers in the new blog post.

“We believe the time has come for reform of the nation’s cannabis policy and we are committed to helping lead the effort,” the company said in a letter to the senators. “As your bill would achieve similar objectives, we are pleased to endorse the Cannabis Administration and Opportunity Act as currently drafted.”

Amazon said it specifically supports key provisions to remove marijuana from the Controlled Substances Act, expunge prior cannabis convictions and use some marijuana tax revenue for community reinvestment.

Curiously, the letter also says “we have refrained from commenting on areas where we do not have a particular view, including regulation, permitting, taxation, and interstate commerce.”

It’s that last point that raises some eyebrows, as it stands to reason that any policy on interstate cannabis commerce would be of interest to a business that delivers products across the U.S. and presumably has the infrastructure to expand its delivery services into the marijuana industry when prohibition ends.

“We are proud to largely end pre-employment testing of marijuana as a condition of employment. And we are enthused by the notable momentum in the country toward recognizing that today’s status quo is unfair and untenable,” Amazon concluded. “We are eager to work with you to secure passage of this legislation.”

Former GOP Congresswoman Touts Psilocybin As Treatment For Alcoholism

The post Amazon Reaffirms Support For Marijuana Legalization And Says Former Workers Punished Over Cannabis Are Eligible For Employment appeared first on Marijuana Moment.

A former Republican congresswoman is touting the therapeutic benefits of psychedelics, sharing the story of how a close family friend was able to recover from alcoholism with the help of psilocybin.

Former Rep. Mimi Walters (R-CA) gave the personal anecdote during a recent interview with Spectrum News. She was discussing a bill that’s temporarily stalled in the state legislature to legalize the possession of a wide range of psychedelics.

“Somebody who’s very close to our family was an alcoholic at the age of 15 years old, and he tried everything he could in order to overcome this disease and he wasn’t successful,” Walters, who also previously served as a California state senator and assemblymember, said. But then the person was invited to participate in a study at NYU “to help him kick his addiction of alcoholism.”

Senate Bill 519, authored by @Scott_Wiener, would decriminalize several psychedelic drugs in CA. @MimiWaltersCA tells @alexcoheninla why she agrees that psilocybin can be used as a treatment for mental illness and addiction. Hear her personal story tonight at 8 on @SpecNews1SoCal pic.twitter.com/vsuWR46YiO

— Inside the Issues (@IssuesOn1) September 8, 2021

“He went through as one of the participants, actually got the psilocybin treatment and, after the first time he got the treatment, he lost all cravings for drinking,” she said. “This happened about six years ago, and he has not had a craving since.”

Walters left Congress in 2019, just a few months prior to a vote on an amendment meant to promote psychedelics research. That measure has failed both times it’s been introduced, though it garnered more support the last time it was on the floor this July.

A growing body of research has demonstrated that certain psychedelics may be effective in the treatment of conditions such as addiction, severe depression and post-traumatic stress disorder. Media attention to these studies is one of the reasons that National Institute on Drug Abuse Director Nora Volkow believes the U.S. is seeing an increase in psychedelic use among young adults, she told Marijuana Moment in a recent interview.

Oregon voters approved a historic initiative last year to legalize psilocybin for therapeutic use. A state panel charged with advising on the implementation of a legal psilocybin therapy program has cleared a team of researchers to produce a comprehensive report on the science, history and culture of the psychedelic as regulators prepare to license facilities to administer it.

In California, Sen. Scott Wiener’s (D) legislation isn’t singularly about the therapeutic use of psychedelics. Rather, it would broadly remove criminal penalties for possessing numerous psychedelics—including psilocybin mushrooms, DMT, ibogaine, LSD and MDMA—for adults 21 and older.

The bill cleared the Senate and two Assembly committees before being pulled by the sponsor to buy more time to generate support among lawmakers. The plan is to take up the reform during next year’s legislative session.

Wiener said during a psychedelics policy forum this month that it took significant compromise both internally and externally to advance the measure as far as it went, and he also noted that legalizing psychedelics possession is simply a first step toward comprehensively ending the drug war and decriminalizing all currently illicit substances.

The senator has spent significant energy building support for the reform proposal as it has moved through the legislature, including by holding a recent rally with military veterans, law enforcement and health officials.

Meanwhile, California psychedelics activists recently filed a petition for the 2022 ballot to make the state the first in the nation to legalize psilocybin mushrooms for any use. And a fiscal analysis of the proposal found that it would save the state millions in enforcement costs and also generate state and local tax revenue. The state attorney general issued a ballot title and summary for the measure last week, clearing advocates to begin collecting signatures.

The psychedelics effort in the California legislature, which Wiener first previewed back in November, comes as activists are stepping up the push to enact psychedelics reform locally in cities in the states and across the country.

In California, Oakland and Santa Cruz have already enacted psychedelics decriminalization. In Oakland, the first municipality in the U.S. where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

Michigan senators introduced a bill this month to legalize the possession, cultivation and delivery of an array of plant- and fungus-derived psychedelics like psilocybin and mescaline.

Voters in Detroit will decide on a ballot measure to decriminalize psychedelics in November.

The Ann Arbor City Council approved entheogenic decriminalization last year—and in July, local lawmakers passed a resolution to officially designate September as Entheogenic Plants and Fungi Awareness Month. After the local decriminalization resolution passed, a county prosecutor announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

Efforts are also underway in Grand Rapids to enact a policy change for the psychedelic substances.

Meanwhile, Denver activists who successfully led a 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have their eyes set on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

Massachusetts cities that have enacted the policy change are: Northampton, Somerville and Cambridge. In July, state lawmakers heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

The governor of Connecticut recently signed legislation recently that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting in May. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction. In response, the task force issued a recommendation for the widespread decriminalization of all drugs. The group said psychedelics in particular could represent a promising treatment to address substance abuse disorders and mental health issues.

Meanwhile, Portland, Oregon activists are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged the National Institute On Drug Abuse (NIDA) to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

When it comes to broader drug policy reform, Oregon voters also approved an initiative in November to decriminalize possession of all drugs. This year, the Maine House of Representatives passed a drug decriminalization bill, but it later died in the Senate.

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Florida Marijuana Activists File New Legalization Initiative For 2022 Ballot Following Supreme Court Defeats

The post Former GOP Congresswoman Touts Psilocybin As Treatment For Alcoholism appeared first on Marijuana Moment.

FL marijuana initiative; RI Senate president: Legalization deal “very close”; Lawmakers push Biden for clemency

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/ TOP THINGS TO KNOW

In just a week, Italian activists have collected half a million signatures in a week for a referendum to decriminalize growing marijuana—and other psychoactive plants and fungi such as psilocybin mushrooms. The vote is expected to take place in the spring.

Rhode Island’s Senate president said lawmakers are “very close” to reaching a deal on a marijuana legalization bill that could be passed in a special session this fall.

Florida activists filed a new marijuana legalization initiative they hope to qualify for the 2022 ballot. The move comes after the state Supreme Court invalidated prior measures from this group and another for being “misleading” in light of federal law.

A group of 28 members of Congress sent a letter urging President Joe Biden to grant clemency to nearly 20,000 people in the federal prison system—including those with drug convictions.

/ FEDERAL

National Security Council Senior Director for the Western Hemisphere Juan Gonzalez spoke about the evolution of drug policies in the U.S. and Latin America, and said that marijuana legalization is a state issue. (About 27:10 into the audio.)

The U.S. Department of Education said it did not have enough time to remove the drug conviction question from the Free Application for Federal Student Aid after Congress repealed the related penalty, and so it will remain for the next year even though answers to it will have no impact on eligibility.

A federal judge acquitted a former Fall River, Massachusetts mayor of several charges but left standing his conviction on charges of extorting marijuana businesses.

Rep. Jay Obernolte (R-CA) tweeted, “Our sheriff’s department has been hard at work shutting down illegal marijuana grows in our communities. These are not small backyard operations- this is large-scale organized crime that threatens our safety, our water, and our environment.”

Pennsylvania Democratic Senate candidate John Fetterman, currently the state’s lieutenant governor, said marijuana legalization is a rare uniting political issue.

/ STATES

A New York senator hosted an event to help people expunge marijuana records.

Connecticut patients can begin growing their own medical cannabis on October 1.

South Dakota regulators are considering how to amend medical cannabis rules that were rejected by lawmakers.

California regulators are being sued for allegedly turning a “blind eye” to systemic flaws that foster an illegal mariijuana distribution market.

Michigan regulators sent a bulletin about marijuana plant count inventories. Separately, they will host a cannabis social equity education session on Thursday.

Colorado regulators issued an update on average market rates for marijuana.

Ohio regulators will accept applications for medical cannabis dispensary licenses from November 4-18.

Utah regulators published an update on the medical cannabis program.

The Washington State Social Equity in Cannabis Task Force’s Licensing Workgroup will meet on Wednesday.

West Virginia’s Medical Cannabis Advisory Board will meet on Thursday.

West Virginia regulators will host a medical cannabis patient signup event on September 29.

—
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

/ LOCAL

The Chicago, Illinois City Council approved the mayor’s proposal to expand where marijuana businesses can be located.

More than 90 percent of Maine towns don’t allow recreational marijuana sales.

/ INTERNATIONAL

UK Prime Minister Boris Johnson has reportedly agreed to reschedule psilocybin to facilitate research on its medical benefits.

Zurich, Switzerland officials unveiled details for a marijuana legalization pilot program to launch next year.

Namibian activists are challenging the constitutionality of marijuana prohibition in court.

/ SCIENCE & HEALTH

A study found that “people with cannabis purchases after legalization reduced significantly and persistently their cash spending and electronic transfers, indicating a shift from the black to the legal cannabis market.”

The University of Michigan is conducting a survey on the use and effects of psychedelics.

/ ADVOCACY, OPINION & ANALYSIS

A poll paid for by a marijuana businesses advocacy group found that Michigan likely voters support placing restrictions and regulations on medical cannabis caregivers who cultivate for patients.

The Economic Policy Institute published a report about the benefits of unionization in the cannabis industry, which was touted by United Food and Commercial Workers.

AMVETS is hosting a forum on using medical cannabis to treat cancer on September 29.

/ BUSINESS

The former CEO of Ebony and others were charged by the Securities and Exchange Commission with allegedly raising money for marijuana businesses but illegally using it for other purposes, including funding the magazine.

Delic Holdings Corp is acquiring Ketamine Wellness Centers Arizona LLC.

/ CULTURE

Seth Rogen is set to discuss is marijuana brand Houseplant at TechCrunch Disrupt this week.

Former wrestler The Godfather about the WWE’s stance on marijuana and said that Shane McMahon owns a cannabis business in California.

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Photo courtesy of Chris Wallis // Side Pocket Images.

The post Italian cannabis & psilocybin referendum gets 500k sigs (Newsletter: September 21, 2021) appeared first on Marijuana Moment.

Florida marijuana activists are making another push to place adult-use legalization before voters in 2022, filing a new petition with the state after previous versions of the reform were rejected by the state Supreme Court earlier this year.

The proposed constitutional amendment, which was approved for initial signature gathering last week, would allow adults 21 and older to use and possess cannabis. They could also grow up to nine plants for personal use. The initiative would not provide for retail sales, however.

Regulate Florida is leading the campaign and stressed that time is limited to get enough signatures to qualify for the ballot. Activists must first collect 222,898 valid signatures to prompt a judicial and fiscal impact review, then they need a total of 891,589 signatures to make the ballot.

That first hurdle has created headaches for advocates this year. After the state attorney general’s office requested a judicial review of the group’s prior legalization initiative—and filed briefs opposing the petitions—the state Supreme Court rejected it, as well as a separate reform proposal from an industry-backed campaign, because justices deemed the language misleading.

The new initiative seeks to avoid the court’s specific contentions with the prior measures.

A majority of justices found that the ballot summaries were “affirmatively misleading” because they said adult-use cannabis would be made lawful in the state without explicitly acknowledging that it would remain illegal under federal law. Regulate Florida has now gone out of its way to specify that nothing in its new initiative “purports to give immunity under federal law.”

The group also eliminated language on “limited use” of marijuana that led the court to reject its original proposal earlier this year.

Regulate Florida is asking voters to print, sign and mail out the new petition.

“Time is short, so we need you to send in your completed and signed petition today!” the group said. “We can do this if we work together.”

If the measure does end up on the ballot, at least 60 percent of Florida voters would have to approve it for it to be enacted. Recent polling shows that a majority of Florida voters (59 percent) support legalizing cannabis for adult use, so that’s a slim margin that shows that advocates will have their work cut out for them if the measure qualifies—particularly in a midterm cycle in which demographics that are more likely to support marijuana reform are less likely to turn out than in presidential election years.

A separate campaign, Make It Legal Florida, also had their legalization proposal rejected by court this year. Advocates intended to get reform on the ballot in 2020, but they announced early that year that they were shifting focus to 2022 due to restrictive signature gathering requirements.

It’s not yet clear if that group, which had substantial funding from cannabis businesses and collected considerably more signatures on its petition prior to the court’s intervention than Regulate Florida had on its previous attempt, plans to file a new measure for next year’s ballot.

Florida is just one of multiple states where advocates are hoping to put cannabis reform before voters next year.

South Dakota marijuana activists are now ramping up for a signature gathering effort to put legalization on the 2022 ballot as the state Supreme Court continues to consider a case on the fate of the legal cannabis measure that voters approved last year.

New Hampshire lawmakers are pursuing a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

Nebraska marijuana activists announced recently that they have turned in a pair of complementary initiatives to legalize medical cannabis that they hope to place on the state’s 2022 ballot.

Ohio activists recently cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Oklahoma advocates are pushing two separate initiatives to legalize marijuana for adult use and overhaul the state’s existing medical cannabis program.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

And it’s not just marijuana measures that reform activists are seeking to qualify for state ballots next year. A California campaign was recently cleared to begin collecting signatures for an initiative to legalize psilocybin. And advocates in Washington State have announced plans to put a proposal to decriminalize all drug before voters.

Read the text of the new Florida marijuana legalization initiative below:

Rhode Island Lawmakers Are ‘Very Close’ On Marijuana Legalization Deal Ahead Of Possible Special Session, Top Senator Says

The post Florida Marijuana Activists File New Legalization Initiative For 2022 Ballot Following Supreme Court Defeats appeared first on Marijuana Moment.

A top Rhode Island senator says lawmakers are “very close” to reaching a deal on a marijuana legalization bill that could be taken up during a special session this fall.

Senate President Dominick Ruggerio (D) was asked for a status update on negotiations that have been taking place on the reform proposal since lawmakers adjourned for the session. He told WPRI-TV that while there are still outstanding issues to be resolved, he believes legalization will be taken up before the end of the year.

“We’ve had people working on that issue since we’ve left the session this year,” he said.

“We sent legislation—which we think is a very good piece of legislation—over to the House before we left in June,” the senator said, referring to a legalization bill that his chamber approved in June. “They are working on that legislation with some of the House people at this point in time.”

A special session has yet to be called, but Ruggerio said he feels an agreement on cannabis reform will be made in time to call lawmakers back to the State House within the coming months.

“We’re hoping we can get cannabis done. We’re very close. We’re making progress, but we’re not there at this point in time,” he said. “There’s a couple stumbling blocks that they are addressing right now, and we’ll see how that shakes out.”

What remains to be seen is whether the negotiated legalization bill that’s ultimately produced will satisfy advocates and progressive lawmakers, some of whom have rallied behind an agenda for reform that emphasizes the need for bold social equity provisions.

Negotiators have been working to reconcile competing proposals from the House, Senate and Gov. Daniel McKee (D). While the bills each contain components meant to address the harms of marijuana criminalization, the coalition led by Reclaim Rhode Island says they’re insufficient. Advocates and supportive lawmakers have laid out specific items that they want to see incorporated such as setting aside half of cannabis business licenses for communities most impacted by prohibition.

“We can’t reverse the harm of the war on drugs, but we can start to repair it by passing automatic expungement and waiving all related fines, fees and court debt,” Rep. Karen Alzate (D), chair of the Rhode Island Legislative Black and Latino Caucus, said earlier this month. “This bold legalization plan offers us the chance to turn a new leaf for the Ocean State, and it’s time we take it.”

Ruggerio, for his part, said he does feel that the legalization bill that was approved in the Senate contained “very strong social justice provisions” and the expungements provision is “as close to automatic as practical.”

Reclaim Rhode Island isn’t the only group pushing lawmakers to expeditiously work to pass legalization. It’s part of a coalition of 10 civil rights and drug policy reform advocacy groups—including the Rhode Island chapters of the ACLU and NAACP—that recently demanded that lawmakers move ahead with enacting marijuana reform in the state before the end of 2021.

House Speaker Joe Shekarchi (D) said in July that while there’s not yet a consensus among legislators and the governor on a deal to legalize marijuana, it’s still a “workable” issue and would be prioritized if negotiations succeed this summer and a special session is convened this fall.

The speaker said this month that bicameral negotiators “are continuing to have productive discussions about the significant policy implications associated with legalizing marijuana for personal use, including, but not limited to, some of the issues raised today at the press conference” by activists and lawmakers.

Rep. Scott Slater (D), for his part, recently told Marijuana Moment that “things are still where they were” prior to the end of session. Lawmakers are “trying to figure out a reconciliation between my bill, the Senate’s and the governor’s.”

Meetings over the summer have been “mostly informal” so far, the representative said. “I think we can get there before next year. It will not be perfect, and I am sure a work in progress.”

Ruggerio said in July that he’s not disappointed the House hasn’t advanced legalization legislation yet and that “what we really wanted to do was send it over and have them take a look at it” when his chamber passed its cannabis reform measure.

Shekarchi, for his part, previously said that he feels reform is “inevitable.”

A key disagreement between the House, Senate and governor’s office concerns who should have regulatory authority over marijuana. Ruggerio was pressed on the issue during a recent interview and said members of his chamber agree that “a separate commission is the way to go with respect to this.”

The House and McKee, on the other hand, want the program to be managed by the state Department of Business Regulation (DBR). Ruggerio noted that “it was difficult to negotiate on a bill when the House bill really didn’t come until late in the session.”

Senate Majority Leader Mike McCaffrey (D) was also recently asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said “once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.”

“They have an opportunity to opt out if the community doesn’t want to participate in it,” he said. “That’s their decision—however, they don’t get the funds that would come from the sales in that community.”

The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state.

Shekarchi, meanwhile, said in July that he doesn’t intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, the speaker said.

The House Finance Committee held a hearing on Slater’s legalization measure in June.

The governor previously told reporters that while he backs legalization it is “not like one of my highest priorities,” adding that “we’re not in a race with Connecticut or Massachusetts on this issue.”

“I think we need to get it right,” he said, pointing to ongoing discussions with the House and Senate.

The House Finance Committee discussed the governor’s proposal to end prohibition at an earlier hearing in April.

Both the governor and the leaders’ legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.

McKee gave initial insights into his perspective on the reform in January, saying that “it’s time that [legalization] happens” and that he’s “more leaning towards an entrepreneurial strategy there to let that roll that way.”

Shekarchi, meanwhile, has said he’s “absolutely” open to the idea of cannabis legalization and also leans toward privatization.

Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. “I certainly do think we’ll act on the issue, whether it’s more private or more state,” Sen. Ryan Pearson (D), who now serves as the panel’s chairman, said at the time.

Meanwhile, the governor in July signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.

The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.

Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing

Photo courtesy of Brian Shamblen.

The post Rhode Island Lawmakers Are ‘Very Close’ On Marijuana Legalization Deal Ahead Of Possible Special Session, Top Senator Says appeared first on Marijuana Moment.

Congressional lawmakers are pushing President Joe Biden to grant clemency to nearly 20,000 people in the federal prison system—including those with drug convictions.

The Biden administration is already asking a fraction of people with drug convictions who were placed on home confinement amid the coronavirus pandemic to apply for the relief. But nearly 30 members of Congress signed a letter to the president on Friday urging him to take additional steps for a broader pool of people.

“As our country continues to work to address racial and systemic injustices in our prison system, we must make a reality of our nation’s founding principles of liberty and justice for all,” they wrote. “This moment in history can be a defining one for criminal-legal reform, and following actions by Congress last year, granting clemency for thousands of people will move us closer to our ideals of liberty and justice.”

The lawmakers are imploring Biden to commute the sentences of more than 4,000 people who were put on home confinement as part of the CARES Act. Additionally, they’re advocating for the processing of 15,000 other clemency applications that have been submitted.

This also comes days after a group of more than 150 celebrities, athletes, politicians, law enforcement professionals and academics signed a letter that was delivered to Biden, asking him to issue a “full, complete and unconditional pardon” to all people with non-violent federal marijuana convictions.

The new letter from the lawmakers—which was led by Reps. Cori Bush (D-MO), Bonnie Watson Coleman (D-NJ), Pramila Jayapal (D-WA) and David Trone (D-MD)—states that “we implore your administration to extend compassion to each person currently on home confinement under the CARES Act and to refrain from placing arbitrary categorical restrictions on who deserves to remain home.”

These men and women have been serving their time at home, contributing to society and in many cases working and caring for family members. pic.twitter.com/wIQ4I8y1gb

— Rep. Bonnie Watson Coleman (@RepBonnie) September 17, 2021

It goes on to encourage the establishment of an independent advisory board “to streamline and modernize the decades-old clemency process, and provide expeditious review of the thousands of cases awaiting answers to their clemency petitions.”

“This advisory board must address the racially disproportionate impacts of our criminal-legal system,” the lawmakers wrote. “There is no reason to wait.”

“By granting commutation to the 4,000 on home confinement and committing to restructuring the clemency process at-large, your administration has an opportunity to fulfill a campaign promise to reduce our nation’s prison and jail population and improve the lives of the people and communities across the country who have been most harmed by a punitive and racially biased criminal-legal system,” the letter says.

The letter doesn’t specifically talk about relief for people with federal drug convictions—despite the fact that Bush and Watson Coleman introduced a historic bill to federally decriminalize all drugs earlier this year—but it does cite the case of Gwen Levi, a grandmother who was placed on home confinement under the CARES Act after serving 16 years in prison over a drug conviction.

“Clemency is a constitutional imperative,” the letter, which was first reported by The Hill, says. “Granting commutations to those on home confinement and restructuring the clemency process demonstrates genuine compassion, while ensuring that our country continues to mitigate the risks of COVID-19, particularly in the populations that are most vulnerable to its spread.”

“As Members of Congress who care deeply about ending systemic and racial injustice in our criminal legal system, and who are willing to do everything possible to ensure every community is safe from the deadly consequences of this pandemic, we stand ready to work with you,” it concludes.

Other notable signatories include Judiciary Committee Chairman Jerrold Nadler (D-NY) and Reps. Earl Blumenauer (D-OR), Barbara Lee (D-CA), Karen Bass (D-CA), Steve Cohen (D-TN), Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN) and Ayanna Pressley (D-MA).

A coalition of advocates and lawmakers sent letters with a marijuana-specific clemency request to Biden early in his presidency in February.

White House Press Secretary Jen Psaki said during a press briefing last month that Biden is “exploring multiple avenues to provide relief to certain nonviolent drug offenders, including through the use of his clemency power.”

The administration is “working hard every day to reform our justice system in order to strengthen families, boost our economy, give people a chance at a better future,” she said. “As part of this, the president is deeply committed to reducing incarceration, helping people successfully reenter society. And he has said too many people are incarcerated—too many are black and brown.”

Psaki added at the time that there was nothing actionable to preview at that point, but said the president is “looking at a range of avenues” for relief. The fact that, as a senator, Biden played a key role in enacting punitive drug laws that contributed to the mass incarceration he’s now considering steps to resolve did not come up during the exchange.

Biden has faced criticism from drug policy reform advocates who’ve grown frustrated that he’s yet to make good on campaign promises such as decriminalizing marijuana. While his opposition to adult-use legalization remains a challenge on its own, they feel he should at least take steps to enact modest reform.

The president also campaigned on expunging prior cannabis records and respecting the rights of states to set their own laws.

Since taking office, however, his administration has not made progress on any of those pledges and has instead fired its own White House staffers over marijuana and sought to extend a budget provision that has blocked Washington, D.C. from legalizing cannabis sales.

In April, Psaki was pressed on Biden’s clemency promise for people with federal marijuana and said that process will start with modestly rescheduling cannabis—a proposal that advocates say wouldn’t actually accomplish what she’s suggesting.

Moving cannabis from Schedule I to Schedule II under the Controlled Substances Act, as Biden proposed on the campaign trail, wouldn’t facilitate mass clemency given that being convicted for crimes related to drugs in that slightly lower category—which currently includes cocaine—also carries significant penalties.

Sen. Bernie Sanders (I-VT) said during a recent interview that Biden could and should use executive authority to end federal marijuana prohibition on his own—but the two of them have “differences” when it comes to drug policy. There are, however, legal questions about whether a president could actually legalize cannabis unilaterally given existing statutes.

Read the new letter to Biden on clemency below: 

Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing

Photo courtesy of Flickr/Marc Nozell.

The post Biden Should Grant Clemency To Thousands, Including People With Drug Convictions, Congressional Lawmakers Say appeared first on Marijuana Moment.

Activists in Italy say they’ve gathered enough signatures to qualify a ballot measure that would decriminalize personal cultivation and use of not only marijuana but also psilocybin mushrooms and certain other psychoactive plants for personal use.

The campaign behind the proposal announced over the weekend that it has collected the necessary 500,000 signatures to begin qualifying the measure in just seven days, thanks in part to a new law that allows petitions to be signed digitally rather than only in person. If the referendum clears its remaining procedural hurdles, the public is expected to vote on the nationwide reform in spring 2022.

“Here we are, here’s the number that makes it all true! More than 500,000 online signatures in one week for the #ReferendumCannabis,” the campaign posted on social media accounts on Sunday.

Supporters called the overwhelming response “an extraordinary but not surprising result.”

Advocates behind the push are calling on Italian voters to keep adding their names to the petition before the end-of-month deadline, with the goal of building a 15-percent buffer in case some signatures are invalidated.

If approved by voters, the proposal would eliminate prison sentences around most conduct relating to cannabis.

The ballot referendum would also delete Italy’s prohibition on cultivating psychoactive substances, although production and manufacture would still be forbidden. The campaign says on its website the change would not legalize all drugs, because most require further processing after cultivation.

“It is also worth remembering that with the exception of cannabis flowering plants (and mushrooms), all other narcotic substances necessarily require subsequent steps for the substance to be consumed,” says a translated version of the campaign’s website, “activities which continue to be punished.” The website does not appear to acknowledge other psychoactive substances that can be consumed after cultivation and harvest, such as peyote buttons or coca leaves.

The referendum would also remove a penalty that currently prevents people from legally driving or using a moped for up to three years if they’re found to have used drugs. Operating a motor vehicle while actually under the influence would remain illegal.

Under Italy’s popular referendum process, advocates can only delete the nation’s existing laws, meaning supporters are unable to replace prohibition with regulations or oversight of sales and commercial production.

Once supporters submit their signatures by the September 30 deadline, the Court of Cassation and the Constitutional Court will both review the petitions. If they sign off on the measure, a vote would happen in spring of next year, on a date set by the country’s president.

The campaign behind the referendum comprises a number of pro-legalization groups, including the Luca Coscioni Associations, Meglio Legale, Forum Droghe, Società della Ragione, Antigone as well as Italy’s +Europa, Possible and Radical parties, according to Italian wire service Agenzia Giornialistica Italia.

“This is an extraordinary day, not only for the promoters but also for the citizens,” said Italian Radicals member Sen. Emma Bonino, the news agency reported. “The incredible participation of young people in the extraordinary mobilization on the Cannabis Referendum shows that when they are given a voice, they are ready to take action.”

Sen. Stefano Ceccanti, the deputy of the Democratic Party, which has not taken an official stance on the proposal, said the 500,000-signature threshold “would probably have been reached even without the digital signature” process offering a more convenient way to muster support.

Earlier this month, Italy’s House Justice Committee advanced a separate reform that would decriminalize small-scale home cultivation of marijuana for personal use.

As more jurisdictions across the globe move to relax restrictions on marijuana and related commerce, meanwhile, the drug division of the United Nations this summer urged a global ban on cannabis advertising “to ensure that public health interests prevail over business interests.” Some advocates have interpreted that as a sign the prohibitionist body is coming to terms with the fact that widespread legalization is inevitable.

World Anti-Doping Agency Reviews Marijuana Ban For Athletes Following Pushback On Richardson Suspension

Image element courtesy of Kristie Gianopulos

The post Italian Referendum To Decriminalize Marijuana, Psilocybin And Other Drug Plants Gets Half A Million Signatures appeared first on Marijuana Moment.

Prosecutors’ safe drug consumption site SCOTUS brief; PA medical marijuana DUI bill; VA judge jails witness for cannabis; Seattle psychedelics decrim

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/ TOP THINGS TO KNOW

Former Rep. Ryan Costello (R-PA) joined the board of Red White & Bloom Brands Inc. The former congressman, who consistently supported cannabis reform while serving in the House, bucks the recent trend of former GOP lawmakers who often voted against marijuana while in office now cashing in on the industry.

Eighty prosecutors and law enforcement officials—including President Joe Biden’s nominee for U.S. attorney for Massachusetts—filed a brief asking the Supreme Court to take up a case that would allow safe consumption sites for illegal drugs to open.

The Pennsylvania Senate Transportation Committee is scheduled to take up a bill this week that would protect medical cannabis patients from “zero tolerance” DUI laws by requiring that police actually prove impairment.

A Virginia judge sentenced a woman to 10 days in jail for contempt of court because she admitted to using marijuana earlier in the day before testifying against her alleged domestic violence abuser—even though cannabis is legal in Virginia.

A Seattle, Washington City Council member spoke to Marijuana Moment about his plans to file a psychedelics decriminalization measure by the end of this year—and how it could embolden broader reform at the state level.

/ FEDERAL

President Joe Biden issued a memo declaring 22 nations as “major drug transit or major illicit drug producing countries.”

Acting Food and Drug Administration Commissioner Janet Woodcock spoke about the delay in approving the marketing of CBD products.

Pennsylvania Democratic Senate candidate John Fetterman, currently the state’s lieutenant governor, spoke about his plans to push for federal marijuana reform if elected.

North Carolina Senate Democratic Senate candidate Jeff Jackson is campaigning on marijuana legalization but hasn’t been very involved in efforts to pass medical cannabis as a state senator.

/ STATES

New York Gov. Kathy Hochul (D) signed a bill to end the practice of sending people to jail while they await hearings over alleged technical parole violations such as using marijuana.

Colorado Gov. Jared Polis (D) spoke about taxes and other issues facing marijuana businesses.

The top cannabis advisor to Illinois Gov. J.B. Pritzker (D) spoke about the ongoing challenges of ensuring equity in the industry.

Alabama’s treasurer resigned in order to serve as executive director of the Medical Cannabis Commission.

California’s treasurer tweeted about the status of federal marijuana banking legislation.

Wyoming activists have already met one required county signature collection threshold for qualifying marijuana initiatives for the state’s 2022 ballot in less than a week of petitioning.

New Jersey regulators missed the deadline to begin accepting marijuana business license applications.

Michigan lawmakers and other elected officials spoke about a festival dedicated to psychedelics.

A Massachusetts regulator is pushing to add the city of Lawrence as an area designated as being disproportionately impacted by marijuana prohibition enforcement.

Washington State regulators published a policy statement concerning structure or function claims for marijuana-infused products.

Washington, D.C. regulators published a list of companies that have been approved to apply for medical cannabis business licenses.

Florida regulators released updated statistics about the state’s medical cannabis program.

Vermont’s Cannabis Control Board and its advisory subcommittees will hold several meetings this week.

Oregon regulators will discuss rules on delta-8 THC and other artificially-derived cannabinoids on September 30.

—
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

/ LOCAL

The Rapid City, South Dakota City Council is expected to take up medical cannabis rules on Monday.

/ INTERNATIONAL

Luxembourg’s justice minister declined to confirm whether the government still plans to legalize marijuana.

The Czech Republic’s Chamber of Deputies voted to more than triple the amount of THC that can legally be in industrial hemp, and President Miloš Zeman is expected to sign the legislation into law.

Ireland’s Food Safety Authority issued a recall notice for CBD products that have unauthorized levels of THC in them.

/ SCIENCE & HEALTH

A study provided “some reassurance for the lack of any demonstrable detrimental effects of cannabis consumption on IVF outcomes.”

A review concluded that “the single-dose administration of LSD is safe in regard to acute psychological and physical harm in healthy subjects in a controlled research setting.”

/ ADVOCACY, OPINION & ANALYSIS

Democratic National Committee Chairman Jaime Harrison tweeted about a relatively low bond for a man charged in connection with a shooting that investigators say was an insurance fraud scheme, saying, “A $20,000 bond… seriously?!  I bet we can find someone in Hampton County with a marijuana possession or some simple charge and a bond 5 times this size.  A great illustration of the inherent disparities in our system.  Justice ain’t always ‘just’ for the underprivileged!”

The Alabama Democratic Party hosted a forum on marijuana legalization and will hold another one on September 23.

The Nebraska Cannabis Association launched in anticipation of eventual legalization in the state.

/ BUSINESS

Canopy Growth Corporation shareholders approved the election of directors at an annual meeting.

Journey Clinical raised a $3 million seed round.

Trulieve is asking a Florida judge to dismiss allegations that it interfered in a contractual relationship when it hired a former staffer for Surterra Staffing LLC.

More college football stadiums are embracing sponsorship deals with cannabis and CBD companies.

Michigan retailers sold $165.6 worth of legal marijuana products in August.

Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox.

Photo courtesy of Mike Latimer.

The post Finally a pro-reform politician joins a cannabis board (Newsletter: September 20, 2021) appeared first on Marijuana Moment.

A Pennsylvania Senate committee is set to take up a bill next week that would protect medical marijuana patients from being prosecuted under the state’s “zero tolerance” DUI laws.

The legislation, sponsored by Sen. Camera Bartolotta (R), would amend state statute to require proof of active impairment before a registered patient can be prosecuted for driving under the influence. The current lack of specific protections for the state’s roughly 368,000 patients puts them in legal jeopardy when on the road, supporters say.

Members of the Senate Transportation Committee will explore the issue at a hearing on Tuesday.

The #PASenate Transportation Committee will hold a hearing on 9/21 with a focus on my #SB167, which would remove DUI penalties for legal medicinal cannabis use. @SenLangerholc @PASenateGOP Details https://t.co/cSd2Cpdky9 pic.twitter.com/av3mxvAuCk

— Senator Bartolotta (@senbartolotta) September 16, 2021

Bartolotta first introduced an earlier version of the bill in June 2020. She said at the time that the state needs to “ensure that the legal use of this medicine does not give rise to a criminal conviction.”

Months after the standalone reform legislation was introduced, the Pennsylvania House approved a separate amendment that would enact the policy change.

Pennsylvania legalized medical marijuana in 2016, with the first dispensaries in the state opening in 2018. But the state’s zero-tolerance DUI law still doesn’t reflect those changes. Because it criminalizes the presence of any THC or its metabolites in a driver’s blood—which can be detected for weeks after a person’s last use—the law puts virtually all medical marijuana patients at risk, even if it’s been days since their last use and they show no signs of impairment.

Bartolotta’s bill would require officers to prove a registered patient was actually impaired on the road.

—
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

“Unimpaired patients currently face the risk of being arrested, prosecuted and convicted for using medicinal marijuana that has no bearing on their ability to drive a vehicle,” the senator wrote in a cosponsorship memo late last year. “Given the very serious consequences of a DUI conviction, my legislation will provide critical protections for medicinal cannabis patients by ensuring responsible use of their legal medicine does not give rise to a criminal conviction.”

Several legal cannabis states have enacted per se THC limits in blood, similar to blood alcohol requirements. However, evidence isn’t clear on the relationship between THC concentrations in blood and impairment.

A study published in 2019, for example, concluded that those who drive at the legal THC limit—which is typically between two to five nanograms of THC per milliliter of blood—were not statistically more likely to be involved in an accident compared to people who haven’t used marijuana.

Separately, the Congressional Research Service in 2019 determined that while “marijuana consumption can affect a person’s response times and motor performance… studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”

Outside of this bill, Pennsylvania lawmakers have continued to pursue adult-use legalization in the state. Earlier this year, two legislators circulated a memo to build support for a comprehensive reform bill they plan to introduce, for example.

A bipartisan Senate duo is also in the process of crafting legislation to legalize cannabis across the commonwealth. They announced some details of the proposal earlier this year, but the bill has yet to be formally introduced.

Outside the legislature, Gov. Tom Wolf (D) said earlier this year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.

Wolf, who signed a medical cannabis expansion bill in June, has repeatedly called for legalization and pressured the Republican-controlled legislature to pursue the reform since coming out in favor of the policy in 2019. Shortly after he did that, a lawmaker filed a separate bill to legalize marijuana through a state-run model.

Lt. Gov. John Fetterman (D), who is running for U.S. Senate, previously led a listening tour across the state to solicit public input on legalization. He’s credited that effort with helping to move the governor toward embracing comprehensive reform. The lieutenant governor even festooned his Capitol office with marijuana-themed decor in contravention of a state law passed by the GOP-led legislature.

Fetterman has also been actively involved in encouraging the governor to exercise his clemency power for cannabis cases while the legislature moves to advance reform.

In May, Wolf pardoned a doctor who was arrested, prosecuted and jailed for growing marijuana that he used to provide relief for his dying wife. That marks his 96th pardon for people with cannabis convictions through the Expedited Review Program for Non-Violent Marijuana-Related Offenses that’s being run by the Board of Pardons.

Overall, legalization is popular among Pennsylvania voters, with 58 percent of residents saying they favor ending cannabis prohibition in a survey released in April.

Another poll released in May found that a majority of voters in the state also support decriminalizing all currently illicit drugs.

80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case

Photo courtesy of Mike Latimer.

The post Pennsylvania Senators Will Consider DUI Protections For Medical Marijuana Patients At Hearing appeared first on Marijuana Moment.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—have filed a brief urging the Supreme Court to take up a case on the legality of establishing a safe injection facility where people can use illicit drugs in a medically supervised environment.

The nonprofit organization Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration, and it filed a petition with the nation’s highest court last month to hear the case. Now the group of law enforcement officials associated with Fair and Just Prosecution are calling on the Supreme Court to act in an amicus brief.

“Amici have an interest in this litigation because overdose prevention sites (OPSs) are among the harm reduction and public health interventions that have proven effective in preventing fatal overdoses and diverting people from unnecessary and counterproductive interactions with the justice system,” they wrote. “Amici, many of whom are currently or were previously responsible for enforcing the nation’s drug laws, also believe that the Controlled Substances Act cannot be construed to prohibit operation of a facility designed to address the most acute aspects of this public health emergency.”

“As law enforcement and criminal justice leaders, amici’s objective is to maintain public safety; saving lives and promoting health is as central to that mission as preventing and prosecuting crime.”

Read the full brief: https://t.co/e4Sv6oba4b

— Fair and Just Prosecution (@fjp_org) September 17, 2021

If the court agrees to hear the dispute, advocates will be looking toward the Biden Justice Department and whether it will continue the federal government’s opposition to allowing supervised injection facilities. It would be a precedent-setting case that could steer policy for years to come, meaning Safehouse is taking a significant risk by pursuing the appeal of its loss in a lower court before the majority of conservative justices.

“Failing to address the loss of life resulting from drug overdoses—and criminalizing a community-based public health organization working to save lives—will further erode trust in the justice system,” the new brief states. “If there were ever a time to demonstrate that our government values the dignity of human life, that time is now.”

While President Joe Biden hasn’t weighed in directly on safe consumption sites, there’s been a theme within his administration of embracing the general concept of harm reduction for drugs. The White House Office of National Drug Control Policy (ONDCP), for example, said that “promoting harm-reduction efforts” is a first-year priority. In an overview of its objectives, the office said it intends to expand “access to evidence-based treatment,” enhance “evidence-based harm reduction efforts” and promote “access to recovery support services.”

These goals theoretically align with those of Safehouse, which wants to give people with substance use disorders a facility where medical professionals can intervene in the event of an overdose and provide people with the resources to seek recovery.

Among the signatories on the amicus brief are a former deputy assistant attorney general under Obama, district attorneys of Baltimore, Cook County, Dallas County, Los Angeles County, Manhattan, Philadelphia, San Francisco County and Seattle and the former attorneys general of Ohio, Vermont and Virginia.

But one signatory who especially stands out is Rachael Rollins, the district attorney of Suffolk County, Massachusetts who is Biden’s nominee for U.S. attorney of Massachusetts.

“As an elected prosecutor, I have a responsibility to protect every member of my community, which requires moving away from criminal justice responses to substance use disorder,” Rollins said in a press release. “Instead, we must embrace proven public health strategies as potential solutions. Lives depend on it.”

Philadelphia District Attorney Larry Krasner said the drug war “has taken too many lives already, and criminalization has only exacerbated this devastating toll.” He added: “We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives and improve community safety.”

“Our nation’s failed war on drugs has taken too many lives…and criminalization has only exacerbated this devastating toll. We need a new way forward that allows communities to address the overdose crisis with harm reduction approaches proven to save lives." –@DA_LarryKrasner

— Fair and Just Prosecution (@fjp_org) September 17, 2021

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

Safehouse won a battle in a federal district court in 2019 to proceed with the facilities. But in January, the U.S. Court of Appeals for the Third Circuit overturned the decision, ruling that permitting such facilities would violate a 1980s-era federal statute that bars organizations from running operations “for the purpose of unlawfully… using controlled substances.” That law was passed while Biden served in the Senate and helped push punitive drug policies that have had lasting consequences.

“As current and former criminal justice leaders, amici have seen first-hand how the classic ‘war on drugs’ approach to drug control—with its almost exclusive focus on aggressive criminal law enforcement—has exacerbated the overdose epidemic,” the pro-reform prosecutors and cops wrote in the new brief. “This experience confirms that no jurisdiction can arrest its way out of this public health problem. Fatal overdoses are a symptom of substance use disorder, a medical condition requiring a medical response.”

“Distorting federal drug laws to prohibit an [overdose prevention site] or to prosecute its sponsors would further undermine trust in the justice system and faith in the fair and sensible application of our drug laws. Interpreting federal criminal law to bar empirically validated harm reduction measures would make no one safer; it would only impede cooperation between law enforcement and the communities they serve.”

In its original petition to the Supreme Court in the current safe injection site case, Safehouse argued that the justices should “grant review to determine whether” federal statute really does prohibit “non-commercial, non-profit social service agencies…from establishing an overdose-prevention site that includes medically supervised consumption.”

“This question is a matter of life or death for thousands of Philadelphians and many thousands more throughout the country,” it said. “Tragically, while respondents have been pursuing this declaratory judgment against Safehouse, more than 3,200 people died in Philadelphia of drug overdoses—many of which could have been prevented if medical care had been immediately available through supervised consumption services.”

Safehouse also pointed out that Xavier Bacerra, the Biden administration’s secretary of health and human services, was among eight top state law enforcement officials who filed an earlier amicus brief in support of the organization’s safe injection site plan when he served as California’s attorney general.

The organization put the gravity of the case in no uncertain terms, painting a picture of how its proposed facility can save lives.

“When breathing stops, even a brief delay while waiting for medical help to arrive may result in an otherwise preventable overdose death or irreversible injury,” the petition says. “As a result, every second counts when responding to an opioid overdose; as more time elapses, the greater the risk of serious injury and death. Ensuring proximity to medical care and opioid reversal agents like the drug Naloxone at the time of consumption is therefore a critical component of efforts to prevent fatal opioid overdose.”

“Intervention by this Court is warranted to make clear that the federal law does not criminalize this essential public health and medical intervention designed to save lives from preventable overdose death,” it continues.

Safehouse argued that the appeals court’s interpretation of the law “eviscerates the intended boundaries of the statute and would criminalize the operation of legitimate businesses, charities, families, and good Samaritans that serve and reside with those suffering from addiction.”

If the Supreme Court were to take up the case and rule in favor of Safehouse, it could embolden advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

At the same time that Safehouse is turning to the Supreme Court, it also announced recently that it will be returning the the federal district court that gave it an initial 2019 victory in support of establishing a safe injection facility before it was overturned in the appeals court.

The organization is making the unique argument that the federal government’s decision to block it from providing the service violates religious freedom by subjecting participants “to criminal penalties for exercising their sincerely held religious beliefs that they have an obligation to do everything possible to preserve life and to provide shelter and care to the vulnerable, including those suffering from addiction.”

In 2018, a congressional subcommittee approved legislation to specifically prohibit Washington D.C. from using local tax dollars to help open safe consumption facilities. But that provision was not enacted and has not been reintroduced since.

A 2020 study found that people “who reported using supervised injection facilities on an at least weekly basis had a reduced risk of dying compared to those who reported less than weekly or no use of this health service.”

Read the amicus brief from the prosecutors on the Safehouse safe injection site case below: 

Safehouse Amicus Sept 2021 by Marijuana Moment

Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry

Photo courtesy of Jernej Furman.

The post 80 Top Law Enforcement Officials, Including A Biden Nominee, Urge SCOTUS To Hear Safe Injection Drug Case appeared first on Marijuana Moment.

Lately it’s come to seem as if most of the former politicians who’ve entered the marijuana industry were unhelpful or downright hostile to legalization when they were in office. But on Friday, a cannabis company announced an addition to its board who disrupts that narrative: a former Republican congressman who has a consistent legislative record of cosponsoring and voting for marijuana reform measures.

The multi-state cannabis businesses Red White & Bloom Brands Inc. (RWB) is bringing on former Rep. Ryan Costello (R-PA) to help it navigate the complicated regulatory space, drawing on his experience in Congress as the company works to expand.

Costello certainly isn’t the only Republican lawmaker who’s made the transition from Capitol Hill to the cannabis market. But he is a rare example of a politician who actually embraced enacting marijuana policy changes while he was in power before standing to profit from the industry. The congressman cosponsored a variety of bills—including ones to shield states that legalize cannabis from federal interference—and supported several reform amendments.

“I’m looking forward to utilizing my 15+ years of service in government, the legal profession, and my familiarity with cannabis policy to be a strategic resource for RWB as it positions itself as a true market leading house of brands in the permitted U.S. marketplace,” Costello said in a press release.

This breaks with a trend that has increasingly frustrated advocates, where it seems the people most inclined to benefit from legalization are those who stood in the way in Congress. The best-known example of that is former GOP House Speaker John Boehner (R-OH), who’s faced criticism from activists over his anti-legalization record while in office before joining the board of marijuana company Acreage Holdings.

While Costello left Congress in 2019 prior to the historic House vote on a standalone bill to federally deschedule cannabis, there are plenty of examples of him supporting more modest reform proposals during his congressional tenure.

He was a cosponsor of legislation to protect state marijuana markets from federal intervention, promote cannabis research, support military veterans’ access to medical marijuana, protect banks that service state-legal cannabis businesses and legalize industrial hemp.

The congressman also voted in favor of floor amendments to shield all state marijuana programs from Justice Department intervention, allow Department of Veterans Affairs doctors to recommend medical cannabis and end hemp prohibition.

In that respect, he was a rare GOP lawmaker. While the issue is increasingly bipartisan among the public, that hasn’t been reflected in Congress. And now Costello is in a position to leverage his legislative experience to advance a marijuana business’s interests.

It’s an exception to the trend.

For example, Tom Price, the former U.S. Department of Health and Human Services (HHS) head under President Donald Trump, is serving as a member of the board of directors for a medical marijuana business in Georgia after he refused to take action to reclassify cannabis under federal law when he had the power to do so. Price consistently voted against marijuana reform measures while serving in Congress.

Former Rep. Steve Buyer (R-IN), who also has a long track record of opposing marijuana legalization efforts, joined a Canadian cannabis company’s board in 2019.

Earlier this month, a New York-based lobbying firm that’s headed by a former Republican U.S. senator announced that it is launching a practice focused on serving cannabis businesses. That former senator, Alfonse D’Amato, racked up a record of supporting the war on drugs while in office.

There is at least one other former GOP congressman who entered the cannabis space with a legislative record supporting marijuana reform. Former Rep. Dana Rohrabacher (R-CA), who championed cannabis reform while in Congress, became an advisory board member for a marijuana company after being voted out of office in 2018.

Separately, President Joe Biden’s pick to head up federal drug policy worked for a major marijuana business last year, according to his financial disclosure reports.

California Activists Cleared To Collect Signatures For Psilocybin Legalization Ballot Initiative

Photo courtesy of WeedPornDaily.

The post Former GOP Congressman Who Actually Supported Marijuana Reform Enters The Cannabis Industry appeared first on Marijuana Moment.

“In the middle of a difficult (cross examination), she was detained, interrogated, arrested and removed from the courtroom.”

By Ned Oliver, Virginia Mercury

A judge in Loudoun County interrupted the testimony of the alleged victim in a felony domestic violence trial last week to question her drug use, sentencing her to 10 days in jail for contempt of court after she said she had smoked marijuana earlier in the day.

She was then “physically removed from the witness stand by multiple deputies,” according to a brief filed by the commonwealth’s attorney’s office, which supports the woman’s motion to vacate the contempt charge lodged by Circuit Court Judge James P. Fisher.

The woman, who prosecutors say did not appear intoxicated, served two days in jail before she was released on $1,000 bond, according to court records.

“In the middle of a difficult (cross examination), she was detained, interrogated, arrested and removed from the courtroom,” wrote Assistant Commonwealth’s Attorney Elena Ventura, who argued the woman was “not treated with the respect, sensitivity or dignity required by law.”

Marijuana is now legal in Virginia and prosecutors wrote in their brief that their witness was just anxious and nervous during the approximately hour and a half of testimony she provided against her partner, who was found guilty twice before of abusing her. They said Fisher’s inquiry followed “intense and assertive (defense) questioning focused on drug-addiction and infidelity.”

Prosecutors also wrote that Fisher refused to hear from detectives who had interacted with her before the trial, who they said would have testified her “behaviors were consistent with all prior interactions and that she exhibited no signs of intoxication prior to her testimony.”

But the biggest issue, the commonwealth’s attorneys office said, was that Fisher’s actions “may create a chilling effect surrounding victim willingness to testify in cases of domestic violence, an area of law already replete with victims recanting and/or refusing to cooperate, due to the extensive trauma domestic violence victims experience through the cycle of power and control, especially in cases where victims have mental health concerns, as…in the case at bar.”

Fisher, the former commonwealth’s attorney of Fauquier County and onetime chair of the county’s Republican committee, was appointed by the General Assembly to an eight-year term in 2019. Efforts to reach his office were unsuccessful and judges in Virginia rarely comment on proceedings.

It is not the first time Fisher has jailed someone in his courtroom for contempt—a step that legal observers say is unusual in Virginia.

Fisher had divorce lawyer Rachel Virk jailed overnight in January 2020 after finding her in contempt of court during a hearing in which she pressed him to clarify a ruling. The Virginia Court of Appeals dismissed her appeal of the charge on a technicality, finding that because the order jailing her was signed by the clerk of court rather than the judge, there was no jurisdiction to contest it. Virk has since filed a lawsuit against the clerk of court and sheriff, which is still pending.

Under Virginia’s summary contempt statute, a judge can immediately fine someone up to $250 and jail them for a maximum of 10 days for misbehavior, violence, threats of violence or “vile, contemptuous, or insulting language” in court.

In last week’s domestic abuse trial, the witness’ lawyers say her actions did not meet that standard. The Mercury is not identifying her because she is an alleged domestic violence victim and has not given permission to use her name.

“She did not admit to doing any illegal activity nor did she admit to being under the influence in the courtroom,” said Tom Plofchan, a Loudoun attorney who is representing her with Ryan Campbell. “There was no slurring of her words, nothing that indicated that she had taken some sort of intoxicant that affected her speech or muscular movement.”

Plofchan also questioned the timeline, noting it was an afternoon trial and there was no inquiry as to when in the morning she had used marijuana and how much she had taken.

Both parties also took issue with the way Fisher questioned the witness, noting she was never advised of her constitutional and Miranda rights and that the “independent investigation” he conducted by asking her about her drug use is barred by judicial canon.

A hearing on the motion to vacate the contempt charge is scheduled for next week.

The case has not gone unnoticed by lawmakers from the region, who called Fisher’s decision to jail a domestic abuse victim troubling.

“Just in general when dealing with domestic violence victims, there’s a history of not treating the victim with respect and dignity and we’re supposed to be protecting them first,” said Sen. Jennifer Boysko, a Democrat who represents parts of Loudoun.

Sen. Scott Surovell, D-Fairfax, an attorney, questioned whether the witness would have been treated the same way if she had said she had a beer that morning instead.

“When we passed the marijuana legalization statute, one of the things we tried to do was ensure marijuana would be treated the same as alcohol,” he said. “I think it’s important going forward that everybody remember that marijuana possession and consumption is now legal.”

The case has also garnered attention from marijuana reform advocates, who called the case emblematic of the stigmatization cannabis users continue to face.

“In 2020, Virginia ended the practice of jailing individuals for using cannabis, and in 2021 made such use explicitly legal for those age 21 and older,” said Jenn Michelle Pedini, executive director of Virginia NORML, the state chapter of the National Organization to Reform Marijuana Laws. “Yet, these changes in code do not facilitate an immediate end to the stigmatization faced by those who choose to consume cannabis, many of whom will continue to be singled out for discrimination by those still wedded to longstanding stereotypes.”

This story was first published by Virginia Mercury.

New Jersey Has Expunged A Third Of A Million Marijuana Convictions Since July

Photo elements courtesy of rawpixel and Philip Steffan.

The post Virginia Judge Jails Woman For Using Marijuana Before Testifying Against Alleged Domestic Violence Abuser appeared first on Marijuana Moment.

NJ expunges 300k+ marijuana cases; House panel votes to undo drug penalty; MO sends cannabis revenue to veterans; SD legalization signature drive

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/ TOP THINGS TO KNOW

The House Ways and Means Committee voted to repeal a penalty that prevents students with certain drug convictions from utilizing the American Opportunity Tax Credit, which can be used for tuition and other higher education expenses.

California’s attorney general issued a ballot title and summary for a psilocybin legalization initiative that activists want to put on the 2022 ballot. The Decriminalize California campaign is now cleared to begin collecting signatures for the measure.

The New Jersey Judiciary announced that it has expunged more than a third of a million marijuana cases since July 1. Courts will also be launching a public education campaign next week to help even more people understand the opportunities for cannabis record relief.

South Dakota activists are preparing to launch a massive signature gathering drive to put marijuana legalization on the 2022 ballot if the state Supreme Court overturns the cannabis measure that voters approved last year.

The Missouri Department of Health and Senior Services announced that the state has transferred more than $6.8 million in medical cannabis revenue to support programs for military veterans.

/ FEDERAL

Senate Majority Leader Chuck Schumer (D-NY) tweeted, “Americans want an end to marijuana prohibition. That’s why @SenBooker, @RonWyden, and I released our Cannabis Administration and Opportunity Act to work to end the federal prohibition and undo the harms of the War on Drugs.”

Rep. Barbara Lee (D-CA) tweeted that the World Anti-Doping Agency’s move to reconsider its marijuana ban is “welcome news after my letter with @repblumenauer calling on USADA to reconsider its out of date and discriminatory cannabis policies.”

/ STATES

Missouri lawmakers did not override Gov. Mike Parson’s (R) veto of a bill that would have allowed medical cannabis operators to deduct business expenses from their taxes.

Virginia dispensaries began selling botanical medical cannabis.

The Pennsylvania Supreme Court declined to take up a case on whether a public housing agency needs to create rules for medical cannabis.

The Minnesota Court of Appeals ruled that hemp-derived cannabinoids in liquid form are illegal.

The Michigan Court of Appeals ruled that petitions for a measure to increase the number of marijuana businesses in Mount Pleasant have technical flaws.

Ohio regulators approved rules allowing medical cannabis dispensaries to have drive-through windows.

Washington State regulators acted on rules for marijuana packaging and labeling, flavored vapor products and immature plants and clones.

The California Department of Fish and Wildlife is offering technical assistance to marijuana growers.

Massachusetts regulators extended the deadline to apply for the third cohort of the marijuana social equity program.

Guam regulators are preparing to review changes to marijuana rules proposed by the territory’s attorney general.

Iowa regulators sent an update about the medical cannabidiol program.

The Nevada Cannabis Advisory Commission Subcommittee on Public Health will meet on Monday.

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/ LOCAL

Clarksville, Tennessee is including marijuana decriminalization in its official state legislative agenda.

/ SCIENCE & HEALTH

A review concluded that “moderate to high certainty evidence shows that non-inhaled medical cannabis or cannabinoids results in a small to very small improvement in pain relief, physical functioning, and sleep quality among patients with chronic pain, along with several transient adverse side effects, compared with placebo.”

A study found that “Δ9–tetrahydrocannabinol (THC)-rich compositions from cannabis have cytotoxic activity against ovarian cancer cells.”

/ ADVOCACY, OPINION & ANALYSIS

The Alabama Democratic Party tweeted, “We’re blazing the trail to recreational cannabis legalization and we need you with us on the journey!”

Virginia Marijuana Justice sent a letter calling on Gov. Ralph Northam (D) to grant clemency to people incarcerated for marijuana.

/ BUSINESS

HEXO Corp announced that it has become carbon neutral.

Acreage Holdings, Inc. is divesting from its Oregon Cannabliss & Co. dispensary chain.

Tilray, Inc. is closing its Nanaimo, British Columbia, Canada marijuana cultivation facility.

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Image courtesy of Kristie Gianopulos.

The post CA psilocybin ballot measure cleared to collect signatures (Newsletter: September 17, 2021) appeared first on Marijuana Moment.

California activists are now cleared to begin collecting signatures for an initiative to legalize psilocybin mushrooms in the state.

On Thursday, the state attorney general’s office issued an official title and summary for the proposal, which advocates are aiming to place on the 2022 ballot. Decriminalize California, the group behind the initiative, has a steep task ahead of it to gather enough signatures to qualify—but they’ve been gearing up for the push.

The measure—titled the California Psilocybin Initiative—would allow the “personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms” for adults 21 and older. Further, the initiative would allow for the cultivation, retail sale, social sharing and on-site consumption of the psychedelic.

While the measure would legalize psilocybin sales under state law, the attorney general’s title and summary uses the word “decriminalize,” a term that some advocates view as more palatable to people who might not necessarily be inclined to support a commercial model for the psychedelic.

“For individuals 21 and over, decriminalizes under state law the cultivation, manufacture, processing, distribution, transportation, possession, storage, consumption, and retail sale of psilocybin mushrooms, the hallucinogenic chemical compounds contained in them, and edible products and extracts derived from psilocybin mushrooms,” the summary says.

Activists must now collect 623,212 valid signatures from registered voters within 180 days to make the ballot.

Ryan Munevar, campaign director of Decriminalize California, told Marijuana Moment that his team has a multi-pronged approach to make that happen.

They currently have about 2,800 people who’ve volunteered to assist in the signature collection process, he said.

Volunteers will solicit support at farmers markets and other events across the state. People can fill out a form online to be approved as a circulator, and then they can sign the petition themselves and mail it in to the campaign. Individual stores can sign up to receive petitions and serve as conduits for signature gathering. And the campaign could also use the state’s voter database to mail out petitions themselves that voters can sign.

“I feel pretty damn good honestly [about the prospects of the initiative]. People are so psyched for psychedelics,” Munevar said, adding that the recent decision to pause a psychedelics reform bill in the legislature until next year means “this is the only action that’s really there, and the language is just fantastic.”

If the group is successful, it would be a historic policy change, making California the first in the nation to broadly legalize psilocybin mushrooms for medical and recreational purposes. Oregon voters approved an initiative last year to legalize the entheogen for therapeutic use alone.

A recent fiscal analysis of the proposed measure save the state millions in enforcement costs and also generate state and local tax revenue. However, the officials also tempered expectations by pointing out that setting up the regulatory scheme for a legal psilocybin market could initially cost millions. But that could “eventually be partially or fully offset by fee revenue.”

Activists filed the petition with state officials in July. That initiated a 30-day public comment period that lasted until August 11.

If approved in November 2022, the would be no limits on personal possession—a policy that has stirred controversy in the state legislature over separate legislation to legalize possession of a wide range of psychedelics that passed the Senate but has been placed on hold until next year after clearing two Assembly committees.

The sponsor of that bill, Sen. Scott Wiener (D), recent said that the move is part of the “complicated legislative process” to get reform enacted, and he’s confident it will ultimately prevail.

While the California ballot proposal goes further than the Oregon psilocybin measure, it does still have a specific medical component.

Healthcare professionals “may recommend Psilocybin or Psilocybin Mushrooms for use in minors and adults under the age of 21, for the treatment of specific and appropriate indications,” it says.

The California Department of Food and Agriculture would be responsible for overseeing the implementation of the program overall. Meanwhile the state Department of Consumer Affairs and the Health and Human Services Agency would be required to “adopt and implement the qualification requirements and protocols for Psilocybin Mushroom-assisted therapy created by an independent professional certifying body. ”

Activists made a concerted effort in the measure to ensure the psilocybin products are generally treated like other legal commodities. For example, the products would not be subject to any licensing requirements, fees or taxes that “exceed the amount charged or assessed for comparable non-Psilocybin Mushroom related businesses.”

Psilocybin that’s sold for “medical, therapeutic, religious or spiritual purposes” wouldn’t be subject to any sales or excise tax at all. Those that are marketed as dietary supplements would be taxed “at the local sales tax rate at the point of sale.”

“Psilocybin Mushrooms and Psilocybin Mushroom Businesses shall be regulated as closely as practicable to non-psychoactive agriculturally produced mushrooms” except for specific labelling requirements, the measure says. The labels must include a universal symbol and a warning statement advising consumers to keep them out of reach of children and advising about impairment. Packaging must also explain the content of product, including milligrams of active ingredients per package and per serving.

Researchers, healthcare professionals and therapists would have specific protections related to psilocybin that are carved into the initiative. The psychedelic also couldn’t be used as the sole basis to revoke parental rights.

“Starting January 1, 2023, any Psilocybin Mushroom Business operating on land that is zoned for commercial agricultural production and approved by the COPA for food production can begin the cultivation, manufacturing, and wholesale distribution of Psilocybin Mushrooms,” the measure states. “Starting April 19, 2023, any business that is incorporated in California and possesses a California Seller’s Permit can begin retail sales.”

Local jurisdictions would be able to ban or limit psilocybin businesses from operating in their area if voters approve the restriction via citizen initiative or a petition submitted by a governing body.

Except for safety-sensitive positions “no person shall refuse to provide services or benefits or increase the charge for services or benefits, based on the lawful use, cultivation, possession, storage, or sales of Psilocybin Mushrooms,” it says.

Decriminalize California attempted to get a similar measure on the November 2020 ballot, but they faced signature gathering complications due to the coronavirus pandemic and ultimately abandoned that effort.

Read the full title and summary of the psilocybin measure below:

CA psilocybin initiative su… by Marijuana Moment

Washington State Activists Announce 2022 Drug Decriminalization Ballot Campaign

Photo courtesy of Wikimedia/Workman.

The post California Activists Cleared To Collect Signatures For Psilocybin Legalization Ballot Initiative appeared first on Marijuana Moment.

South Dakota marijuana activists are ramping up for a signature gathering effort to put legalization on the 2022 ballot as the state Supreme Court continues to consider a case on the fate of the legal cannabis measure that voters approved last year.

Advocates are still holding out hope that the top court will issue a positive ruling in the case. But no action was announced on Thursday’s weekly decision day for the justices—and because time is running short to mobilize a ballot campaign to qualify for 2022—South Dakotans for Better Marijuana Laws is now soliciting volunteers to prepare for a massive signature collection drive on any of the four proposed legalization initiatives that the group has filed so far in case the 2020 measure is indeed overturned. 

Matthew Schweich, deputy director for the Marijuana Policy Project, which has played a leading role in coordinating reform efforts in South Dakota, told Marijuana Moment that advocates “remain hopeful” that the court will uphold the will of voters, but they aren’t taking anything for granted.

“We must prepare for the worst,” he said. “So we are building a grassroots volunteer signature drive operation across the state in order to qualify another cannabis legalization initiative for the 2022 ballot. We need our supporters to once again donate their time and energy to ensure that the will of the people is respected in South Dakota.”

Activists already got the ball rolling in July, filing the reform measures with the state Legislative Research Council, which is the first step toward putting the issue before voters next year.

The four potential initiatives share some basic provisions, but they each take a unique approach to the policy change. Activists have also filed a fifth measure to eliminate a single-subject rule for the ballot process—a policy that led to a state judge deeming the 2020 recreational measure unconstitutional.

Advocates recognize that the state’s ballot laws mean that they are up against the clock to get any of the measures approved for circulation and to collect enough to qualify. And as the court contemplates the fate of the voter-approved initiative, the campaign is encouraging prospective volunteers to fill out a form to get prepared for signature gathering.

Now that they’ve gone through reviews by the Legislative Research Council, the initiatives must be accepted by the state attorney general and secretary of state. At that point, advocates will have until November 8 to collect at least 33,921 valid signatures for a constitutional proposal and 16,961 for a statutory measure, depending on what direction they choose to take.

Here’s what each of the four potential legalization proposals would do:

Constitutional Approach 1

• Possession of up to one ounce would be legal for adults 21 and older.
• People could grow up to three plants for personal use. For households with more than one adult, there would be a six-plant cap.
• The legislature would be required to develop regulations for licensing of retail sale, cultivation, processing and testing.
• Public consumption would be banned and punishable by a civil fine.
• Employers would not be prevented from imposing restrictions on workers’ marijuana use.

Constitutional Approach 2

• Possession of up to one ounces would be legal for adults 21 and older.
• People could grow up to three plants for personal use. For households with more than one adult, there would be a six-plant cap.
• Retail sales would not be legalized by the measure, but it wouldn’t prevent lawmakers from enacting commercialization later.
• Public consumption would be banned and punishable by a civil fine.
• Employers would not be prevented from imposing restrictions on workers’ marijuana use.

Statutory Approach 1

• Possession of up to one ounces would be legal for adults 21 and older.
• People could grow up to three plants for personal use. For households with more than one adult, there would be a six-plant cap. People could not cultivate their own plants, however, if they lived in a jurisdiction that has marijuana retailers.
• The Department of Revenue would be responsible for developing regulations and issuing cannabis business licenses.
• Regulators would have until July 1, 2023 to issue rules for the program.
• They would have to approve enough licenses to mitigate the influence of the illicit market, but not so many that the industry becomes oversaturated.
• A 15 percent excise tax would be imposed on marijuana sales.
• After covering the costs of implementation, half of the remaining tax revenue would go to the state’s public schools and the other half would go to the general fund.
• Localities would be able to opt out of allowing cannabis businesses to operate in their jurisdiction.
• Public consumption would be banned and punishable by a civil fine.
• Employers would not be prevented from imposing restrictions on workers’ marijuana use.

Statutory Approach 2

• Possession of up to one ounces would be legal for adults 21 and older.
• People could grow up to three plants for personal use. For households with more than one adult, there would be a six-plant cap.
• Curiously, while sales would not be legalized by this measure, it also contains a provision that says home cultivation is only allowed in jurisdictions that don’t have marijuana retailers. Lawmakers would be able to enact commercialization later, however.
• Public consumption would be banned and punishable by a civil fine.
• Employers would not be prevented from imposing restrictions on workers’ marijuana use.

While advocates remain frustrated over the February ruling that invalidated the 2020 adult-use legalization initiative—and the ongoing delay in the Supreme Court’s decision on upholding or overturning that decision—they’re at least encouraged that the separate medical cannabis measure that voters approved approved took effect in July.

Outside of South Dakota, advocates across the county are also already working on number of state-level cannabis initiatives for 2022.

New Hampshire lawmakers are pursuing a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

Nebraska marijuana activists announced recently that they have turned in a pair of complementary initiatives to legalize medical cannabis that they hope to place on the state’s 2022 ballot.

Ohio activists recently cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Oklahoma advocates are pushing two separate initiatives to legalize marijuana for adult use and overhaul the state’s existing medical cannabis program.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

New Hampshire Lawmakers Take First Step To Put Marijuana Legalization On 2022 Ballot

Photo courtesy of Brian Shamblen.

The post South Dakota Marijuana Activists Gear Up For Large-Scale 2022 Legalization Ballot Push appeared first on Marijuana Moment.

The New Jersey Judiciary announced on Thursday that the state has expunged more than 362,000 marijuana cases since July 1, when a decriminalization law took effect that mandated the relief for people who have been caught up in prohibition enforcement. The courts also said that they will be launching a public education campaign next week to help even more people understand the opportunities for relief under the law.

In the meantime, roughly 1,200 people have also been released from probation since their cannabis expungements were processed.

The courts previously estimated that around 360,000 people were eligible for relief under the new law, so it appears that the review process has effectively identified most of those cases.

New Jersey Judiciary Expunges More than 360,000 Marijuana Offenses. https://t.co/EYuPpmfEQT pic.twitter.com/Dr2jUhsNsi

— New Jersey Courts (@njcourts) September 16, 2021

These actions, first reported by NJ.com, come after state Supreme Court Chief Justice Stuart Rabner issued an order in July that also makes it so certain pending marijuana cases must be dismissed, and failure to appear warrants must be rescinded.

“Cases with offenses eligible for expungement include certain marijuana or hashish charges alone or in combination with the following: possession of drug paraphernalia; use or being under the influence of a controlled, dangerous substance; and failure to make lawful disposition of a controlled, dangerous substance,” the Judiciary said in its update on Thursday.

Those who aren’t automatically eligible for expungement can still file a motion for judicial review, it said. The Administrative Office of the Courts also plans to launch an “awareness campaign” on September 20 to “inform the public of the opportunities available through the Marijuana Decriminalization Law.”

Gov. Phil Murphy (D) signed companion marijuana legalization and decriminalization bills in February. The legislature was required to pass the former measure after voters approved a reform referendum during the November 2020 election.

“With our new cannabis laws, we are turning the page on the failed War on Drugs and ensuring social justice here in New Jersey,” the governor said in a tweet about the recent record clearing moves.

362,000 marijuana cases already expunged. Thousands more to come.
 
With our new cannabis laws, we are turning the page on the failed War on Drugs and ensuring social justice here in New Jersey.https://t.co/NMNCCcIlib

— Governor Phil Murphy (@GovMurphy) September 13, 2021

New Jersey officials have separately been proactive about cannabis reform implementation since the legalization bill was enacted.

The day after Murphy signed the legalization legislation, then-Attorney General Gurbir Grewal (D) directed prosecutors to drop cases for cannabis-related offenses and issued separate guidance for police on how to proceed under the updated laws.

The attorney general also encouraged prosecutorial discretion for marijuana cases in earlier memos prior to the bill’s signing.

Grewal also took steps to ensure that people aren’t exploiting provisions of the legalization law before retail sales launch. In June, he sent warning letters to companies that were effectively circumventing the state’s marijuana laws by “gifting” cannabis in exchange for non-marijuana-related purchases such as overpriced cookies, brownies and stickers.

Gifting is lawful between adults 21 and older under New Jersey’s adult-use cannabis law, but a number of businesses have allegedly taken advantage of that policy by giving away “free” cannabis products to those who purchase other items like snacks and baked goods.

No retail marijuana businesses have been licensed since the state enacted recreational legalization earlier this year. But regulators approved initial rules for the program last month that will set up the state’s retail market.

More than 70 percent of municipalities in the state have opted to ban cannabis businesses from operating in their area, but voters haven’t had a direct say in the local decisions so far, with local officials making the choice through city councils.

That said, elected officials from several areas who do support cannabis commercialization chose to enact a ban ahead of an August 22 deadline simply to give themselves more time to develop individualized regulations before greenlighting marijuana companies.

Missouri Spends Millions In Medical Marijuana Tax Revenue To Support Veterans Programs

The post New Jersey Has Expunged A Third Of A Million Marijuana Convictions Since July appeared first on Marijuana Moment.

Missouri officials on Thursday announced that they have transferred millions of dollars in medical marijuana tax revenue to support programs for military veterans.

This is the second round of cannabis funding for the Missouri Veterans Commission (MVC), raising the total to $6,843,310. Overall, the state has seen more than $113 million in medical marijuana sales since dispensaries opened in October 2020, enabling regulators to make the significant transfers.

“Patients are being served by more than 140 dispensary facilities in Missouri now, and we are very pleased to see their sales revenue where it is,” Lyndall Fraker, the medical cannabis director of the Department of Health and Senior Services, said in a press release. “Ultimately, this is how we are able to provide much-needed funding for the veteran’s commission.”

Paul Kirchhoff, executive director of MVC, said the commission “will use these funds for veterans’ health and safety initiatives,” adding that the dollars will also allow them to complete a columbarium wall at a veterans cemetery.

Via Missouri Department of Health and Senior Services.

Meanwhile, at least two activists groups in the state are aiming to place the question of adult-use marijuana legalization before voters in 2022. Establishing a regulated, recreational cannabis model could serve as another source of tax revenue for Missouri.

Under Legal Missouri 2022’s proposal, tax revenue from marijuana sales would first support automatic expungements for people with prior cannabis convictions and then go to programs for veterans’ health care, substance misuse treatment and the state’s public defender system.

New Approach Missouri, which has the same leaders as one of the new 2022 efforts, successfully got its medical cannabis measure passed by voters in 2018 in a year in which competing marijuana proposals were also on the ballot.

The organization tried to place the issue of recreational legalization before voters last year, but the COVID-19 pandemic derailed that effort.

Meanwhile, some advocates want the legislature to take the lead on reform. And Rep. Shamed Dogan (R), who filed a resolution last year to ask voters about legalization on the ballot and compel lawmakers to develop a legal system if approved, is expected to make another push for similar legislation early next year after the prior effort failed to advance this session.

New Hampshire Lawmakers Take First Step To Put Marijuana Legalization On 2022 Ballot

Photo courtesy of WeedPornDaily.

The post Missouri Spends Millions In Medical Marijuana Tax Revenue To Support Veterans Programs appeared first on Marijuana Moment.

A key House committee on Wednesday approved a budget reconciliation bill that contains a provision to lift a ban that prevent people with certain drug convictions from utilizing an education-related tax credit.

The House Ways and Means Committee agreed to drop the restriction, which currently precludes those with felony drug convictions at the state or federal level from claiming the American Opportunity Tax Credit. That tax benefit can be claimed for expenses paid for tuition, fees and course materials for higher education.

Rep. Danny Davis (D-IL) has been pushing to end the punitive provision of the tax legislation, which was first enacted in 2009. Sen. Chris Van Hollen (D-MD) is also championing the reform in his chamber.

“The current law banning individuals with felony drug convictions from ever receiving a key tax credit toward enrolling in college violates the principle of giving people a second chance after they have served their time. That needs to change,” Van Hollen said in a Facebook post celebrating the House panel’s move. “We must provide students with every opportunity to succeed in achieving a higher education and pursuing a better life—this is one way we can do that.”

The current statute stipulates that the American Opportunity Tax Credit “shall not be allowed for qualified tuition and related expenses for the enrollment or attendance of a student for any academic period if such student has been convicted of a Federal or State felony offense consisting of the possession or distribution of a controlled substance before the end of the taxable year with or within which such period ends.”

Van Hollen said scrapping the penalty will help people “obtain a post-secondary education and ultimately contribute to our workforce and economy.”

Advocates agree, arguing that the policy unfairly imposes an extra burden on students caught up in the drug war and counterintuitively discourages them from seeking to improve their lives through higher education.

In a similar vein, bipartisan spending legislation that was enacted late last year makes it so college students will no longer be disqualified from receiving federal financial aid, including loans and grants, over drug convictions.

The measure eliminates a question on the Free Application for Federal Student Aid (FAFSA) that prompted students to disclose prior drug offenses. Activists have strongly pushed for an end to the Aid Elimination Penalty, which was imposed as part of a 1998 amendment to the Higher Education Act and has since rendered hundreds of thousands of students ineligible for college assistance due to convictions for marijuana or other drugs.

While the penalty had been scaled back from its original form in 2006 to take away a reachback effect that punished students for past offenses and has since only applied to those convicted while receiving aid, advocates say the remaining FAFSA question was unclear and has deterred countless eligible students from even applying.

New Hampshire Lawmakers Take First Step To Put Marijuana Legalization On 2022 Ballot

Photo courtesy of Chris Wallis // Side Pocket Images.

The post Congressional Panel Votes To Repeal Drug Conviction Penalty Blocking Education Tax Credit appeared first on Marijuana Moment.

NH lawmakers want marijuana on ballot; WA drug decrim initiative; Local TX cannabis ballot push

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/ TOP THINGS TO KNOW

Congressional lawmakers are seeking to attach amendments on marijuana banking, psychedelic research for active duty military personnel and other cannabis-related reforms to the must-pass National Defense Authorization Act. Decisions on floor votes will be made next week.

Three New Hampshire lawmakers are taking steps to refer separate marijuana legalization questions to voters on the 2022 ballot.

Washington State activists announced an effort to place an initiative to decriminalize all drugs on next year’s November ballot.

Activists in San Marcos, Texas announced that they plan to put a marijuana decriminalization measure on the local 2022 ballot.

/ FEDERAL

Senate Majority Leader Chuck Schumer (D-NY) tweeted, “Cities across the nation are sending a clear message—they want an end to marijuana prohibition. @SenBooker,@RonWyden, & I are working to pass our Cannabis Administration and Opportunity Act to end federal prohibition & undo the harms of the War on Drugs.”

Florida Democratic congressional candidate Jesse Philippe tweeted, “Hemp was criminalized to preserve the paper industry monopoly. Cannabis was only criminalized to oppress black people and leftists. It’s 2021, we know how corrupt the war on drugs has been, it’s time to end it.”

/ STATES

Texas Democratic attorney general candidate Lee Merritt tweeted, “At the start of the #WARONDRUGS there were 100K prisoners in the entire country. Today 7.6 million people are in prison, probation or parole—With NO correlating increase in crime. Only the policy changed. Lets change it again: Decriminalized cannabis, addiction & poverty.”

Michigan lawmakers filed legislation to restrict and regulate medical cannabis caregiver home cultivation. Meanwhile, activists held a rally to push back against the proposals.

California regulators are accepting public comment on proposed emergency regulations to consolidate, clarify and make consistent marijuana rules.

New Jersey regulators voted to streamline the licensing of new marijuana businesses and approved an additional cannabis cultivation license but did not act on two dozen other pending businesses.

Montana’s top marijuana regulator spoke about ongoing efforts to propose and finalize rules for the legal market.

Iowa regulators announced that two new medical cannabidiol dispensaries will open on or around October 1.

Ohio regulators are accepting requests from medical cannabis cultivators who want to expand their grow space.

Minnesota regulators tweeted about a medical journal’s article on the issue of adding anxiety disorder as a medical cannabis qualifying condition.

Oregon regulators published an updated list of licensed marijuana businesses.

Nevada regulators will consider changes to rules on remediation and labeling of marijuana on September 28.

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Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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/ LOCAL

The Oshkosh, Wisconsin City Council voted to lower the fine for first-time marijuana possession offenses.

The Denver, Colorado mayor’s budget proposes to use $5.7 million in marijuana tax revenue to establish a new business development program for minority- and women-owned businesses.

Lompoc, California voters approved a ballot measure to increase taxes on marijuana manufacturing and distribution.

The Santa Cruz County, California Board of Supervisors instituted a temporary emergency moratorium on cannabis cultivation permits.

/ INTERNATIONAL

The International Criminal Court opened an investigation into the bloody Philippine “drug war.”

/ SCIENCE & HEALTH

A study concluded that medical cannabis “may be related to a significant yet small reduction in opioid prescription medication.”

Mount Sinai’s Center for Psychedelic Psychotherapy and Trauma Research received a $5 million grant to support a clinical trial using MDMA-assisted therapy to treat veterans with PTSD.

/ ADVOCACY, OPINION & ANALYSIS

The Alabama Democratic Party tweeted, “The ADP is committed to bold ideas and we’re not settling for policy that skirts around the edges of change. That’s why we came out firmly for recreational cannabis legalization.”

/ BUSINESS

COMPASS Pathways plc acquired an intellectual property portfolio including patent applications for psychedelic substances.

The University of California, Berkeley is creating psychedelics journalism fellowships to be overseen by author Michael Pollan using funding from Tim Ferriss’s Saisei Foundation.

Vicente Sederberg LLP launched an environment, health, and safety practice for cannabis businesses.

Innovative Industrial Properties, Inc. declared a quarterly dividend of $1.50 per share.

The president of Solar Therapeutics Inc. asked to be dismissed from a lawsuit filed by Sacha Baron Cohen for allegedly violating his copyright by putting an image of his Borat character on a billboard without permission.

Green Flower launched a credential program for marijuana industry workers.

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The post Cannabis banking & psychedelics amendments in Congress (Newsletter: September 16, 2021) appeared first on Marijuana Moment.

New Hampshire lawmakers have a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Reps. Joshua Adjutant (D), Renny Cushing (D) and Andrew Prout (R) each recently filed separate requests with the Office of Legislative Services to draft legislation to refer cannabis legalization questions to voters.

It would take a supermajority 60 percent vote in both chambers to advance any of the measures. But while that may be a tall task in the GOP-controlled legislature, if they’re successful, it would enable lawmakers to avoid a likely veto on statutory reform legislation from anti-legalization Gov. Chris Sununu (R).

Should legislators approve placing a constitutional amendment to legalize cannabis on the ballot, 67 percent of voters would then have to vote in favor for it to be enacted. Recent polling indicates that residents are ready for the reform, with three in four New Hampshirites favoring legalization.

Meanwhile, standalone legalization legislation that’s been retained from this year is set to be taken up when lawmakers reconvene early in 2022, and advocates are hopeful that it will advance based on prior votes in the House. The chamber passed a legalization bill last year, but it died in a Senate committee.

If the Senate again refuses to advance a legalization bill next year, an alternative path is to ask voters to decide. Here’s the text of the brief descriptions of each of the proposed constitutional amendments that lawmakers want to be drafted:

Adjutant: Providing that the state shall make no law prohibiting the use, sale, or cultivation of cannabis for persons over 18 years of age.

Cushing: Providing that adults shall have the right to possess cannabis for personal consumption.

Prout: Providing that all adults have the right to possess, use, and cultivate cannabis, subject to regulation by the legislature.

“Granite Staters are tired of watching cannabis bills pass the House and then die in the Senate,” Matt Simon, director of public and government relations at Prime Alternative Treatment Centers of NH, told Marijuana Moment. “Public opinion is overwhelmingly favorable on the issue, so it’s no surprise that legislators have finally decided to try this approach.”

This tweet is for everybody who has ever asked me "why can't we just put legalization on the #NH ballot?" #NHPolitics https://t.co/HJMCCdUidK

— Matt Simon (@MattSimonSez) September 15, 2021

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

In New Hampshire, Sununu remains opposed to adult-use legalization, advocates are encouraged that he signed a bill last month adding opioid use disorder as a qualifying condition for the state’s medical cannabis program and also allows out-of-state patients to access dispensaries.

In 2017, the governor signed a bill decriminalizing marijuana possession in the Granite State, though he continues to oppose adding a legal commercial cannabis sales component.

Separately, a New Hampshire Senate committee in March heard testimony on a House-passed bill to allow medical marijuana patients to grow a limited number of plants for personal use. But it was ultimately tabled in the full chamber.

In May, the governor also signed a bill adding insomnia and autism spectrum disorder as medical cannabis qualifying conditions.

Earlier this year, the House passed legislation to let medical cannabis patients grow their own medicine, but it did not clear the Senate.

Washington State Activists Announce 2022 Drug Decriminalization Ballot Campaign

Photo courtesy of Philip Steffan.

The post New Hampshire Lawmakers Take First Step To Put Marijuana Legalization On 2022 Ballot appeared first on Marijuana Moment.