Marijuana Moment

Marijuana Bill Up For House Vote Could ‘Reverse’ Federal-State Policy Gap, Congressional ...

Fri, 27 Nov 2020 18:45:41 GMT

A bill to federally legalize marijuana that is scheduled for a House vote next week could “reverse” the current cannabis policy gap that exists between states and the federal government, a new Congressional Research Service (CRS) report says.

In an analysis of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that was published on Wednesday, CRS described the various complications resulting from ongoing federal prohibition as more states opt to legalize cannabis for medical or recreational purposes. The research agency said the legislation could inadvertently create a new schism where federal policy would be more progressive than those of certain states.

That’s because the bill does not require states to stop criminalizing cannabis, and so jurisdictions with prohibition still on the books could continue to punish people over marijuana even as such activity is legalized at the federal level.

“If the MORE Act became law, it could create a new divide between federal and state law—essentially the reverse of the current marijuana policy gap, since federal marijuana law would become less strict than some state laws,” CRS wrote. “The MORE Act could also highlight the inconsistency between marijuana laws in different U.S. jurisdictions by repealing the uniform federal prohibition and leaving in place a patchwork of varying state laws.”

The MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

The legislation would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.

“Congress may be content to allow states to experiment with varying approaches to marijuana regulation,” CRS said. “In the alternative, Congress might prefer a more uniform approach, whether that approach is to criminalize or decriminalize marijuana, or something in between. However, while Congress can pass legislation creating a uniform federal policy, there are limits to its ability to affect state law.”

The agency said that while lawmakers lack the “constitutional authority to alter state criminal law,” they could “preempt state law through Commerce Clause legislation” or “encourage states to change their laws through the use of the spending power.”

To that end, while the MORE Act does not create a federal regulatory structure for cannabis or force states to change their own laws, it does include provisions that incentivize the adoption certain local reform policies. For example, it offers federal funding for “eligible states” that take steps to expunge prior cannabis convictions and stop penalizing people on parole for marijuana-related offenses.

“Congress could also invoke its spending power to encourage states to regulate marijuana more stringently, and has previously used the spending power to shape drug policy in targeted ways,” CRS said.

These and other considerations will likely be the subject of significant debate when the House takes up the MORE Act next week.

House Majority Leader Steny Hoyer (D-MD) announced on Friday that the bill will be taken on the floor as soon as Wednesday.

He had previously said this summer that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

Even if the far-reaching reform does pass in the Democratic-controlled chamber, as it’s expected to with some bipartisan support, it remains unlikely that the Senate will follow suit, at least during this Congress. Majority Leader Mitch McConnell (R-KY) is a champion of the hemp industry but staunchly opposes further marijuana reform.

Even so, a symbolic vote for legalization could send a strong signal to the incoming Biden administration. Vice President-elect Kamala Harris (D-CA) is the lead Senate sponsor of the MORE Act, but she’s indicated she will not necessarily proactively push the former vice president to evolve further on cannabis reform.

Given Biden’s former approach to championing punitive anti-drug legislation as a senator and his ongoing obstinance on marijuana legalization at a time when polls show that a clear majority of Americans favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to achieve more modest reforms he has endorsed, such as decriminalizing possession and expunging records.

A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

For what it’s worth, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

CRS, in its new report, also discussed broader drug policy reform efforts taking place at the state level and locally, such as Oregon’s recent vote to decriminalize possession of all currently illicit drugs. The agency noted moves to decriminalize psychedelics specifically in Washington, D.C., too.

These “current trends suggest that there may be a broader movement toward decriminalizing controlled substances,” CRS said. “Comprehensively addressing such changes is outside the scope of the MORE Act, but Congress may wish to monitor developments in this area when considering future legislation.”

Mexico’s President Says Legal Marijuana Is About Freedom, As Legislation Advances In Congress

Photo courtesy of Brian Shamblen.

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Federal Marijuana Legalization Bill Will Get A Congressional Vote Next Week, Leader Announces

Fri, 27 Nov 2020 17:14:03 GMT

A bill to federally legalize marijuana will receive a full floor vote in the U.S. House of Representatives next week, a top Democratic leader in the chamber announced on Friday.

House Majority Leader Steny Hoyer (D-MD) said the chamber will take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act some time between Wednesday and Friday. The floor schedule announcement comes weeks after the leader first confirmed that the House would advance the proposal before the year’s end.

Early in the week, the bill is first expected to go before the House Rules Committee, which prepares legislation for floor action and decides which amendments can be made in order for consideration by the full body.

Hoyer previously said that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package. Several moderates ended up losing their reelection races this month on the same dat that voters in several red states approved legalization measures, however, raising questions about their strategic thinking on the politics of marijuana.

“I’ve been working on this issue longer than any politician in America and can confidently say that the MORE Act is the most comprehensive federal cannabis reform legislation in U.S. history,” Rep. Earl Blumenauer (D-OR) said in a press release. “Our vote to pass it next week will come after people in five very different states reaffirmed the strong bipartisan support to reform the failed cannabis prohibition. National support for federal cannabis legalization is at an all-time high and almost 99 percent of Americans will soon live in states with some form of legal cannabis.”

“Congress must capitalize on this momentum and do our part to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against communities of color,” he said.

The House approving the bill during the presidential transition could also raise the pressure on President-elect Joe Biden to embrace legalization—a policy he’s declined to adopt despite supermajority support among Democratic voters.

As currently written, the MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

All of those provisions are subject to change through amendments over the coming week.

“This floor vote represents the first congressional roll call ever on the question of ending federal marijuana criminalization,” NORML Political Director Justin Strekal told Marijuana Moment. “By advancing the MORE Act, the House of Representatives sends an unmistakable signal that America is ready to close the book marijuana prohibition and end the senseless oppression and fear that this failed policy wreaks on otherwise law-abiding citizens.”

“Americans are ready to responsibly legalize and regulate marijuana, and this vote shows some lawmakers are finally listening,” he said.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

Image element courtesy of Tim Evanson.

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Two-Track Effort To Allow Psychedelic Mushrooms In Washington State Launches Amid Broader Drug ...

Fri, 27 Nov 2020 15:47:04 GMT

Drug reform advocates won big in Oregon this year, with separate ballot measures to decriminalize possession of all drugs and legalize psychedelic mushrooms for therapeutic use passing on Election Day. Now organizers are setting their sights on similar reforms next door in Washington State with two newly announced efforts.

One seeks to utilize existing administrative mechanisms to expand access to psilocybin mushrooms for therapeutic use by patients in end-of-life care. The other, a proposed ballot initiative on track for 2022, would put Washington on par with Oregon, decriminalizing small-scale possession of all drugs and legalizing mushrooms for broader therapeutic use.

These efforts come after advocates already announced a separate plan to lobby lawmakers to pass a bill decriminalizing all drugs in 2021.

A healthcare professional is behind the first new psilocybin push via the administrative route. Dr. Sunil Aggarwal, a Seattle physician who specializes in end-of-life care, is hoping to win permission from state and federal regulators to cultivate psilocybin mushrooms and use them to treat patients.

“We know that it’s a naturally occurring substance that we can cultivate safely, we know how to dose it, and there’s really good reason to believe it can help,” Aggarwal said of psilocybin, the main active ingredient in entheogenic mushrooms.

Aggarwal and his clinic, the Advanced Integrative Medical Science Institute, hope to secure legal access to psilocybin for end-of-life patients under state and federal laws that allow patients with terminal diseases to try investigational medications that haven’t been generally approved.

In 2018, President Donald Trump signed the federal “Right to Try Act,” which would give certain patients access to drugs that have not yet been cleared by the U.S. Food and Drug Administration for broad use. Psilocybin, along with marijuana and MDMA, appears to fit the criteria for the law, including having completed a phase 1 clinical trial and being under active development. Washington State adopted a similar law in 2017.

In September, Aggarwal applied to the Washington State Department of Health’s Pharmacy Quality Assurance Commission for a license to grow psilocybin mushrooms with the eventual goal of using them to treat patients in palliative care. The state commission has yet to review the application, Kaiser Health News reported this week.

Aggarwal would also need to obtain approval from the federal government, namely the U.S. Drug Enforcement Administration (DEA). “We’re still working on formulating an application to them,” he told Marijuana Moment in a phone interview, adding that his team is consulting with lawyers for guidance.

As for a timeline on the applications? “I wish I could tell you,” Aggarwal said. “There’s really no way to know. This has never been tried before that we’re aware of.”

Meanwhile, more sweeping statewide reform could come in the form of a 2022 ballot question. A top backer of both of Oregon’s successful drug-reform initiatives recently said Washington is the next state on his list.

David Bronner, CEO of Dr. Bronner’s soap company, has long bankrolled drug reform campaigns. In Oregon last election, he gave $3.4 million to Measure 109, which legalized psilocybin for therapeutic use, and $1 million to Measure 110, which decriminalized all drugs.

Bronner recently told the Daily Beast that he’d like to see Washington voters pass both reforms—medical psilocybin and broader drug decriminalization—in a single initiative on the state’s 2022 ballot.

“It’s moving faster than I would’ve thought,” he said. “I would not have thought we’d be ready for the kind of reforms we’re seeing, and it’s gratifying. I just think we can go further in 2022 and 2024.”

Bronner added that he hopes to team up with other drug-reform funders, such as Mark Zuckerberg and George Soros, to maximize their policy impact. “If we all line up as one grand coalition, we can run twice as many ballot measures in a given cycle,” he told the Daily Beast. “We’re working hard on figuring that out.”

In the meantime, another group of activists in the state are continuing their push for drug decriminalization. Treatment First Washington hopes to see lawmakers take up a proposed decriminalization measure next year that closely resembles Oregon’s Measure 110.

The group originally planned to qualify the Washington measure for the 2020 election, but organizers stopped collecting signatures in the spring due to the COVID-19 pandemic.

As with Oregon’s recently passed decriminalization measure, Treatment First Washington’s proposal would remove criminal penalties for drug possession, expand treatment for substance misuse and pay for that treatment with tax revenue from the state’s legal cannabis industry.

Aggarwal, the Seattle doctor applying to cultivate mushrooms, said that any of the reform efforts would likely help expand access for his patients.

“This effort would definitely be a lot easier if we had decriminalization,” he said, explaining that treatment could work similarly to how the clinic currently deals with marijuana.

“We kind of do this with cannabis in our office already,” he said. “People can do cannabis-assisted therapy sessions where they bring their own, and there’s a vaporizer and they can have a session with a decriminalized drug.”

Aggarwal said he filed the application because dying patients can’t wait for broader reform through the legislature or the ballot box.

“We just don’t have time to wait for that for patients who are sick now,” he said. “These are patients that really have exhausted legally available psychedelic-assisted therapy, which is ketamine, and I think there’s still a need for more… They need help now and not in 2022.”

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

Photo courtesy of Wikimedia/Workman

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DEA Denies Request To Protect Iowa Medical Marijuana Program, But State Still Considering Action

Fri, 27 Nov 2020 14:12:42 GMT

The Drug Enforcement Administration (DEA) rejected a petition to exempt Iowa’s medical marijuana program from the Controlled Substances Act (CSA) this month, Marijuana Moment has learned. But the activist who filed the request plans to push again for the exemption—and the state itself is considering separately filing a petition of its own to the federal agency.

The ask here is unconventional and hasn’t been pursued by any other state that has legalized cannabis for medical or recreational purposes. But longtime activist Carl Olsen has worked with members of the Iowa Department of Public Health to etch out a plan to pursue the exemption under an existing federal statute in accordance with a bill that state lawmakers passed earlier this year.

Olsen’s initial petition, submitted in 2019, was rejected by DEA on November 10. The agency said in a letter that it was denied “because the [Controlled Substances Act] controls marijuana under schedule I, and your requested exemption would result under the circumstances in the lapse of regulatory controls and administrative, civil, and criminal sanctions applicable to substances placed on the various CSA schedules.”

But from the activist’s perspective, DEA didn’t do its due diligence in reviewing the statute that he claims provides for the state-level exemption. And he’s got the tentative backing of the health department, which is still considering submitting its own request, albeit on a different time schedule. The body might wait until President-elect Joe Biden is inaugurated, as they feel his administration may be more amenable than the current one.

DEA regulations stipulate that the agency’s administrator “may grant an exemption in his discretion, but in no case shall he/she be required to grant an exception to any person which is otherwise required by law or the regulations.”

Owen Parker, program manager for the health department’s Office of Medical Cannabidiol, told Marijuana Moment that officials are “still evaluating as how to implement” the requirement in the Iowa bill that passed this year to push federal agencies on protecting health care facilities in the state from federal punishment.

“No final decisions have been made at this time,” he said.

The language of the state legislation in question doesn’t specifically call on regulators to submit an exemption application. Instead, it broadly calls on the public health department to “request guarantees from the agencies of the federal government providing funding to educational and long-term care facilities that facilities with policies allowing patients to possess medical cannabidiol on the grounds of the facilities…or allowing facility staff to administer medical cannabidiol to a patient shall not lose eligibility for any federal funding due to such policies.”

Members of the state Medical Cannabidiol Board said during a meeting in September that the DEA exemption application process would be the most effective way to establish protections from losing funds as a result of its existing medical marijuana program.

That said, at another meeting this month, Parker reported that “internally here at the Department we are still working on that brief, and there’s other discussions that we’ll need to have before moving forward on anything.”

For Olsen’s rejected individual petition, the activist said he intends to submit a request for reconsideration by DEA—rather than go straight to a federal appeals court with a lawsuit. And in that request, he plans to stress that the state is weighing moving forward with a petition of its own.

In addition to asserting that federal law preempts state policies on marijuana, DEA also said in their response to Olsen that the agency is bound by international treaty obligations to maintain the plant’s general restrictive federal classification, and that’s part of the reason it denied the petition. But according to Olsen, those treaties only obligate them to place cannabis in certain schedules of the CSA and and do not address the U.S. statute that provides for administrative exemptions.

For what it’s worth, Iowa’s medical cannabis is more limited than those that have been established in many other states. For example, it limits registered patients to a maximum of 4.5 grams of THC per 90-day period. Prior to a reform adopted by the legislature earlier this year, patients could only access cannabis products with up to three percent THC content.

It remains to be seen whether DEA will approach the state’s application differently than Olsen’s, if and when it’s filed. The agency has historically resisted rescheduling requests, let alone full exemptions, for marijuana.

Scientists and veterans sued DEA this year, arguing that the legal basis it has used to justify keeping cannabis in Schedule I is unconstitutional. They asked for a review of its decisions to reject rescheduling petitions across several decades.

A federal appeals court denied a request from DEA to dismiss the lawsuit In August.

Read DEA’s response to the Iowa activists’s marijuana exemption request below:

DEA response to exemption r… by Marijuana Moment

Federal Agencies Must Get On The Same Page With Hemp Rules, Lawmakers Say

The post DEA Denies Request To Protect Iowa Medical Marijuana Program, But State Still Considering Action appeared first on Marijuana Moment.

Mexico’s president talks legal cannabis as bill advances (Newsletter: November 27, 2020)

Fri, 27 Nov 2020 11:12:14 GMT

OR prosecutor drops drug cases after decrim vote; Prohibitionists sue to overturn marijuana ballot results

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/ TOP THINGS TO KNOW

Mexican President Andrés Manuel López Obrador said a marijuana legalization bill that is advancing is “part of carrying out a revolution of consciences, where each of us is responsible for his actions.” The comments come as the Senate-passed legislation has been formally received by the Chamber of Deputies, where it has been referred to several committees.

The Clackamas County, Oregon District Attorney’s Office announced it will no longer pursue drug possession cases after voters passed a statewide decriminalization ballot measure. The reform doesn’t take effect until February, but the early move is “consistent with the will of the voters, which we must respect,” the office said.

“It is our belief that having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.”

Marijuana prohibitionists in three states are now waging battles to convince courts to overturn voter-approved legalization measures. These efforts come after opponents in one state succeeded in blocking voters from even getting a chance to decide on cannabis reform.

/ FEDERAL

Supreme Court Justice Neil Gorsuch, in a consenting opinion in a case striking down coronavirus restrictions on religious gatherings, wrote, “In recent months, certain other Governors have issued similar edicts. At the flick of a pen, they have asserted the right to privilege restaurants, marijuana dispensaries, and casinos over churches, mosques, and temples.”

The Departments of Justice and Homeland Security addressed public comments on using marijuana offenses as bars to asylum eligibility.

Sen. Dick Durbin (D-IL) tweeted, “The President should use the pardon power to redress manifest injustices, not shamelessly cover up the corruption that touched the core of this Administration. I hope President-elect Biden will use clemency to help right the wrongs of our misguided ‘war on drugs.'”

Rep. Frank Pallone (D-NJ) tweeted, “I agree with @NewJerseyOAG that it’s only fair to suspend marijuana possession related cases in light of the November referendum.”

/ STATES

Kentucky’s House speaker said it’s not clear where newly elected members stand on medical cannabis.

Here’s a look at where some incoming Connecticut lawmakers stand on legalizing marijuana.

Alaska regulators finalized rules on marijuana quality control.

A California appeals court ruled that “lawful possession of marijuana in a vehicle does not provide probable cause to search the vehicle.”

North Carolina published a list of registered hemp processors.

Utah regulators released a video on how to become a registered medical cannabis patient.

The Oregon Cannabis Commission’s Governance and Frame Working Subcommittee will meet on Wednesday.

—
Marijuana Moment is already tracking more than 1,500 cannabis 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 Pennington County, South Dakota Sheriff’s Department’s Facebook page’s rating is dropping amid complaints about the sheriff’s role in a lawsuit seeking to overturn the state’s voter-approved marijuana legalization law.

Richmond, Virginia’s mayor tweeted, ” It is past time to fully legalize marijuana and I hope the General Assembly acts quickly to get this done.”

/ INTERNATIONAL

A Colombian Senate committee approved a marijuana legalization bill.

The Vancouver, Canada City Council unanimously approved a resolution sponsored by the mayor that requests a federal exemption to decriminalize drug possession.

The Manitoba, Canada government introduced legislation to create a new license category for marijuana and liquor delivery services.

/ SCIENCE & HEALTH

A review concluded that “preliminary clinical trials also support the efficacy of CBD as an anxiolytic, antipsychotic, and antidepressant, and more importantly, a positive risk-benefit profile.”

A study identified the “first clear evidence for the ingestion of hallucinogens at a rock art site,” concluding that “Datura was ingested in the cave and that the rock painting represents the plant itself, serving to codify communal rituals involving this powerful entheogen.”

/ ADVOCACY, OPINION & ANALYSIS

South Dakotans for Better Marijuana Laws filed to intervene against a lawsuit from police officials who are seeking to overturn the state’s voter-approved marijuana legalization law.

/ BUSINESS

Aurora Cannabis Inc. entered into a strategic supply agreement with Israeli company Cantek Holdings.

Harborside Inc. shareholders approved new board members for the company.

/ CULTURE

Rapper Nas narrates a new 30-second ad for Weedmaps.

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Photo courtesy of Chris Wallis // Side Pocket Images.

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Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

Thu, 26 Nov 2020 19:01:25 GMT

Unable to sway public opinion and persuade voters to reject marijuana legalization on Election Day, prohibitionists have taken a different new in their efforts to block state-level reform: litigation.

In three states, there are lawsuits pending that seek to overturn voter-approved legalization initiatives. And in one state, cannabis opponents succeeded this year in preventing voters from even having a chance to decide on a reform measure.

While every single drug policy reform initiative that made the ballot passed in red and blue states alike this month, prohibitionists increasingly seem to be giving up the public messaging fight to change voters’ minds and are instead resorting to the courts, challenging reform measures on largely technical matters.

Those legal fights are ongoing in Mississippi, Montana and South Dakota, all of which ultimately legalized cannabis is some form on Election Day.

The Mississippi Supreme Court recently set deadlines for legal filings in a case from the city of Madison challenging the medical cannabis initiative that overwhelmingly passed with 73 percent of the vote. The suit was filed days before the election, with the mayor not weighing in on the merits of the measure but contending that its placement on the ballot was unconstitutional due to statutory signature gathering requirements.

The secretary of state and attorney general condemned the action as a “woefully untimely” lawsuit. The Supreme Court said the filers have until December 7 to submit written arguments and the secretary of state has until December 28 to respond.

Over in Montana, opponents of a voter-approved initiative to legalize cannabis for adult use tried to get the state Supreme Court to invalidate the proposal ahead of the vote, but the justices rejected that request, arguing that they failed to establish the urgency needed to skip the lower court adjudication process. They didn’t rule on the merits, however.

The plaintiffs are now pursuing action in a lower court, arguing that the statutory proposal unlawfully appropriates funds, violating a portion of the state Constitution that prohibits such allocations from being included in a citizen initiative.

In South Dakota, Pennington County Sheriff Kevin Thom and state Highway Patrol Superintendent Col. Rick Miller filed a lawsuit in the state’s Sixth Judicial Circuit Court last week, claiming that the proposal to legalize marijuana that passed with 54 percent of the vote should be invalidated. The suit, which is partly paid for with state funds, says the constitutional amendment violates a 2018 requirement that “no proposed amendment may embrace more than one subject.”

In September, reform opponents successfully bumped an initiative to legalize medical cannabis off of Nebraska’s ballot on what essentially amounts to a technicality.

While the campaign collected enough signatures to qualify the measure, the state Supreme Court shut it down following a legal challenge. It determined that the measure violated the state’s single-subject rule, much to the disappointment of advocates. But activists have already started petitioning to get a simplified version of proposal on the state’s 2022 ballot.

Arizona activists, who succeeded in getting a legalization measure approved on Election Day, had a different experience following a legal challenge in the summer. Opponents there filed suit arguing that the 100-word summary of the initiative misled voters, but that argument did not hold up in court.

Legalization opponents point out that with voter support for marijuana reform increasing, prohibitionists are now left with few options to stop popular reforms.

NORML Deputy Director Paul Armentano said in a blog post that the opposition lawsuits are “cynical, and arguably frivolous, attempts to undermine the democratic process.”

“Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box,” he said. “Thus, they are now asking judges to set aside the votes of over a million Americans in a desperate effort to override undisputed election outcomes. Whether or not one supports marijuana legalization, Americans should be outraged at these overtly undemocratic tactics.”

New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says

Photo elements courtesy of rawpixel and Philip Steffan.

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Oregon County Prosecutor Stops Drug Possession Cases Early Following Decriminalization Vote

Thu, 26 Nov 2020 15:20:58 GMT

Prosecutors in an Oregon county will no longer pursue low-level drug possession cases.

The move comes weeks after voters approved a historic initiative decriminalizing all drugs—but also months before it’s due to formally take effect statewide.

In a letter sent to police chiefs on Monday, the Clackamas County District Attorney’s Office said that while it opposes the policy change, officials recognize the will of voters and feel that “having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.”

Under the initiative, which passed with 58 percent of the vote, simple drug possession will be treated as a Class E infraction, punishable by a maximum fine of $100 and no jail time. That fine can be waived if an individual shows a court they have completed a substance misuse assessment.

The measure also calls for investments in substance misuse treatment, using tax revenue from legal marijuana sales.

“While we fundamentally disagree with this measure, ceasing to prosecute these matters prior to February 1 is consistent with the will of the voters, which we must respect,” the district attorney’s office said in the email, first reported by Kind Leaf Journal, adding that “misdemeanor [possession of a controlled substance] is still unlawful” until the effective date.

“The decision of our office is not intended not divest local law enforcement officers the ability to conduct lawful investigations, searches and arrests,” the letter states. “Good communication about this significant change is paramount.”

This early discretionary reform action is consistent with how several counties in the state approached cannabis policy after Oregon voters approved an adult-use marijuana legalization initiative in 2014.

“It’s a smart decision to stop arresting and jailing people for personal drug possession before Measure 110 officially goes into effect as Oregon voters have spoken loud and clear that it’s time to start treating drug use as a health issue instead of a criminal one,” Anthony Johnson, a chief petitioner for the decriminalization initiative, told Marijuana Moment.

“There is simply no reason to waste law enforcement resources and our taxpayer dollars on personal drug cases,” he said. “Other district attorneys across Oregon should promptly follow suit and enact the will of the voters.”

The vote in Oregon has also inspired efforts in neighboring Washington State to pursue a drug decriminalization model. While activists considered attempting to put it on the state ballot in 2020, the coronavirus pandemic derailed that plan—and earlier this month, the campaign said they would soon be announcing a sponsor of a reform bill to push for its passage legislatively in the 2021 session starting January.

Meanwhile, New Jersey’s attorney general issued a memo this week directing prosecutors to suspend most marijuana possession cases following voter approval of a statewide legalization ballot measure this month.

Read the full letter to Oregon police chiefs on the decriminalization policy below:

Dear Chiefs:

As you are aware, Oregon voters passed Measure 110, which decriminalizes, among other things, possession of up to 1 gram of heroin, 2 grams of methamphetamine and cocaine, 12 grams of psilocybin, 40 user units of LSD 40 pills/capsules containing synthetic opiates.

The measure takes effect on February 1, 2021. At that time, persons found to be in possession of these controlled substances will be referred to local municipal or justice courts and subject to the newly created Class E infraction, which carries a maximum $100 fine. This fee will be waived if the offender provides proof of participation in a substance abuse assessment. There is no requirement that the person engage in treatment.

As the voting public has overwhelmingly passed this measure, effective 11/23/20 the Clackamas County District Attorney’s Office will stop charging new Unlawful Possession of Controlled Substance cases that will otherwise be decriminalized on February 1. It is our belief that having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.

While we fundamentally disagree with this measure, ceasing to prosecute these matters prior to February 1 is consistent with the will of the voters, which we must respect.

Investigations where a juvenile is found to possess controlled substances in amounts that will be decriminalized should still be referred to the Juvenile Department so the juvenile can have the opportunity for supervised treatment. There is a juvenile workgroup convening who will eventually offer guidance about what to do with juvenile referrals after February 1.

Until February 1, misdemeanor PCS is still unlawful. The decision of our office is not intended not divest local law enforcement officers the ability to conduct lawful investigations, searches and arrests.

Good communication about this significant change is paramount. If you have any questions or need clarification about this decision, I encourage you or anyone in your agencies to contact me directly. We look forward to our presentation on December 15th where we will discuss additional specifics of M110 and its search and seizure implications.

Chris Owen

Chief Deputy District Attorney

Clackamas County DA’s Office

New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances

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Mexico’s President Says Legal Marijuana Is About Freedom, As Legislation Advances In Congress

Thu, 26 Nov 2020 13:33:00 GMT

Mexico’s president said on Thursday that a bill to legalize marijuana nationwide that was approved by the Senate last week is “part of carrying out a revolution of consciences, where each of us is responsible for his actions.”

“The development of freedoms is very important,” President Andrés Manuel López Obrador said at a press conference in response to a question about whether legalizing cannabis is could be a “Trojan horse that corrupts the health of young people and leads to a higher crime.”

“Things do not have to be prohibited, prohibited, prohibited,” the president said. “If something is authorized, if something is allowed, well, act responsibly. I believe that this will happen in this new legislation on the use of marijuana. Have confidence in people and seek do good.”

López Obrador’s comments come as the cannabis reform bill is advancing in the country’s legislature.

After passing the Senate by a vote of 82 to 18, the bill was formally transmitted to the other body of the nation’s Congress, the Chamber of Deputies, this week, and has been referred to several committees there.

The proposal, which was circulated in draft form earlier this month, would establish a regulated cannabis market in Mexico, allowing adults 18 and older to purchase and possess up to 28 grams of marijuana and cultivate up to six plants for personal use.

It “seeks to regulate the use of cannabis and its derivatives, under the approach of public health, human rights and sustainable development, to prevent and combat the consequences of the problematic use of psychoactive cannabis and to contribute to the reduction of the crime incidence linked to drug trafficking,” the Chamber’s Board of Directors said in an announcement about receiving the legislation, according to a translation.

The bill will also promote “peace, security, and individual and community well-being,” legislative leaders said.

Turna la Mesa Directiva de la Cámara de Diputados a comisiones la minuta que expide la Ley Federal para la Regulación del Cannabis y reforma y adiciona diversas disposiciones de la Ley General de Salud y del Código Penal Federal. https://t.co/KSY7V2ZeZp

— Cámara de Diputados (@Mx_Diputados) November 24, 2020

The body’s Justice, Health, Human Rights, and Budget and Public Accounts Committees will all take up the cannabis bill over the coming weeks.

It’s unclear whether the 500-member Chamber of Deputies will push for additional amendments, requiring the legislation to be sent back to the Senate for additional consideration. Marijuana legalization advocates remain concerned about a number of provisions in the proposal as it stands.

There were several revisions made in the Senate prior to last week’s vote, but most of those were technical in nature.

However, there were a number of notable changes, such as an increase from the initial limit of four self-cultivated plants per person and to make it so people who grow cannabis for personal use will not be subject to a requirement to have regulators track plants.

An additional change mandates that the government clear criminal records of people with past cannabis convictions within six months.

Lawmakers also removed a prohibition on owning more than one type of marijuana license, allowing for vertical integration of cannabis businesses. A previous version of the bill would have only allowed people from vulnerable communities to hold more than one license type.

Another modification that advocates are not happy with says that nonprofit associations of consumers that collectively cultivate cannabis must be located at least 500 meters from schools, sports and recreation centers and anywhere that third parties who have not given their consent could be exposed to smoke.

The legalization bill cleared a joint group of Senate committees prior to the full floor vote, with some amendments being made after members informally considered and debated the proposal during a virtual hearing last week.

Members of the Senate’s Justice, Health, and Legislative Studies Committees had approved a prior version of legal cannabis legislation in March, but the coronavirus pandemic delayed consideration of the issue.

While advocates have celebrated the advancement of cannabis reform through the legislature, they have fought hard for changes to better protect consumers’ rights and promote social equity in the legal market. Namely, they remain concerned about high penalties that can be imposed for violating the cannabis rules and feel the bill should do more to allow opportunities for small farmers.

However, Ricardo Monreal, the ruling MORENA party’s coordinator in the Senate, argued earlier this month that the proposal is a significant improvement on current laws against possession, which have “only caused the detention centers to be full of people for possession of a few grams of cannabis, which is why they seek to reduce the penalties in carrying of this product.”

Lawmakers have “the historic opportunity to regulate the use of cannabis within the Mexican regulatory framework, to allow better control of the health of users, the emancipation of organized crime activities and the use of its wide benefits for society,” he said, adding “this is a momentous moment in the public life of the country.”

Senators have been working on the reform legislation for two years since the nation’s Supreme Court ruled in late 2018 that the prohibition on possessing and growing cannabis is unconstitutional. The court ordered Congress to amend the law accordingly, but the legislature has struggled to reach consensus on the issue and has been granted several deadline extensions to enact the policy change.

The current deadline to legalize marijuana is December 15.

Senate President Eduardo Ramírez said this month that there is a “consensus” to achieve the reform by the court-mandated date.

The legislation makes some attempts to mitigate the influence of large marijuana corporations. For example, it states that for the first five years after implementation, at least 40 percent of cannabis business licenses must be granted to those from indigenous, low-income or historically marginalized communities.

The Mexican Institute of Cannabis would be responsible for regulating the market and issuing licenses.

Public consumption of marijuana would be allowed, except in places where tobacco use is prohibited or at mass gatherings where people under 18 could be exposed.

Households where more than one adult lives would be limited to cultivating a maximum of eight plants. The legislation also says people “should not” consume cannabis in homes where there are underaged individuals. Possession of more than 28 grams but fewer than 200 grams would be considered an infraction punishable by a fine but no jail time.

Monreal originally said the chamber would vote on the legalization bill by the end of October, but that timeline did not work out.

López Obrador, the nation’s president, said in August that marijuana reform legislation will advance in the session that began in September.

Sen. Julio Ramón Menchaca Salazar, also of the MORENA party, said in April that legalizing cannabis could fill treasury coffers at a time when the economy is recovering from the pandemic.

As lawmakers work to advance the reform legislation, there’s been a more lighthearted push to focus attention on the issue by certain members and activists. That push has mostly involved planting and gifting marijuana.

In September, a top administration official was gifted a cannabis plant by senator on the Senate floor, and she said she’d be making it a part of her personal garden.

A different lawmaker gave the same official, Interior Ministry Secretary Olga Sánchez Cordero, a marijuana joint on the floor of the Chamber of Deputies last year.

Cannabis made another appearance in the legislature in August, when Sen. Jesusa Rodríguez of the MORENA party decorated her desk with a marijuana plant.

Drug policy reform advocates have also been cultivating hundreds of marijuana plants in front of the Senate, putting pressure on legislators to make good on their pledge to advance legalization.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

The post Mexico’s President Says Legal Marijuana Is About Freedom, As Legislation Advances In Congress appeared first on Marijuana Moment.

Trump gets list of cannabis prisoners for clemency push (Newsletter: November 26, 2020)

Thu, 26 Nov 2020 11:24:31 GMT

CT lawmakers could put legal marijuana on ballot; NJ AG: adjourn cannabis cases; Prosecutors’ memo on dropping marijuana charges

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/ TOP THINGS TO KNOW

Republican lawmakers and celebrities like Kevin Garnett sent a letter urging President Trump to free people who are serving time in federal prison for marijuana. Organizers say the office of Trump’s senior advisor and son-in-law Jared Kushner asked them for a specific list of clemency candidates, which they attached to the letter.

Connecticut’s incoming House speaker said that if there aren’t enough votes in the legislature to pass marijuana legalization in 2021, lawmakers will put it on the ballot for voters to decide.

New Jersey’s attorney general issued a directive telling prosecutors to suspend most marijuana possession cases.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis. It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

Days earlier, a New Jersey prosecutor sent a memo to colleagues across the state urging them to stop pursuing most marijuana cases while lawmakers work out the details of legal cannabis sales legislation.

“The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done.”

/ FEDERAL

Rep. Ilhan Omar (D-MN) filed a resolution condemning police brutality that recognizes that the U.S., “especially under the auspices of the wars on drugs and global terrorism, has in recent decades dramatically increased its influence on the tactics, equipment, and purpose of policing around the world.”

Rep. Pramila Jayapal (D-WA) tweeted, “In red and blue states alike, voters sent a clear message: we must END the war on drugs. It’s time to legalize marijuana, expunge the records of those serving time for it, and ensure BIPOC communities that have been disproportionately harmed own the profits of this new industry.”

/ STATES

Pennsylvania’s lieutenant governor tweeted, “In PA, you can get yourself a curbside, ready-to-drink mojito the size of a gas can and a criminal record for life if you sip a little weed. That’s freedom.”

A New Jersey court said regulators erred in rejecting medical cannabis business license applications and that its process lacked transparency.

California regulators are proposing emergency rules requiring marijuana businesses to post unique QR code certificates in storefront windows and carry them while transporting or delivering cannabis.

Alaska regulators are proposing rules on reinstating marijuana business licenses after a failure to renew.

Massachusetts regulators may be facing a lawsuit over marijuana delivery rules they are poised to enact next week.

The Oregon Parks and Recreation Department is concerned that passage of two drug policy reform ballot measures this month will cause people to forage for psychedelic mushrooms in state forests.

Oklahoma regulators published a frequently asked questions document for medical cannabis business applicants.

Michigan regulators published a list of county allocations for medical cannabis operation and oversight grants.

—
Marijuana Moment is already tracking more than 1,500 cannabis 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

New York City’s mayor tweeted, “Congratulations to @AndreaSCousins and the @NYSenDems on achieving a historic supermajority! Now’s the time to be bold — legalize marijuana and ensure the wealthiest New Yorkers pay their fair share for a real, equitable recovery for our city and state.”

Candidates for Orleans Parish, Louisiana district attorney were asked whether they would stop prosecuting marijuana possession cases.

/ INTERNATIONAL

Malawi officials said the country is ready to start producing and processing cannabis for medical and industrial uses.

/ SCIENCE & HEALTH

A review concluded that “11 out of 13 studies reviewed observed varying degrees of pain relief using cannabis over opioids under certain specific conditions” and that “there appears to be some benefits in certain situations however cannabis certainly does not appear to be a drop-in replacement for opioids in chronic pain management.”

A study examined “the prevalence of cannabis use for migraine relief in a sample of cannabis users, and suggests that these migraineurs experience a high level of migraine relief from cannabis.”

/ ADVOCACY, OPINION & ANALYSIS

A poll found that Slovaks oppose lowering penalties for marijuana, 61%-36%.

The Los Angeles Times editorial board said California should watch and learn from the implementation of Oregon’s new drug decriminalization law.

/ BUSINESS

Vireo Health International, Inc. reported quarterly revenue of $11.9 million.

Planet 13 Holdings Inc. reported quarterly revenue of $22.8 million and net income of $0.2 million.

Rubicon Organics Inc. reported quarterly net revenue of C$3.2 million and a net loss of C$4.3 million.

/ CULTURE

Actor Ben Affleck spoke about a bad experience he had with marijuana as a teenager.

Filmmaker Terry Gilliam said he wanted to try psilocybin mushrooms for the first time for his 80th birthday.

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The post Trump gets list of cannabis prisoners for clemency push (Newsletter: November 26, 2020) appeared first on Marijuana Moment.

New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says

Wed, 25 Nov 2020 19:44:43 GMT

The New Jersey attorney general on Wednesday told prosecutors to adjourn most marijuana possession cases until at least January 25, 2021 following voter approval of a referendum to legalize cannabis for adult use this month.

While the initiative amends the state Constitution to legalize marijuana for those 21 and older, lawmakers must still pass enabling legislation to create a regulatory framework for cannabis sales. The day after the election, Attorney General Gurbir Grewal (D) had issued initial guidance to prosecutors encouraging them to use discretion when it comes to marijuana offenses that will soon be codified as legal.

But this latest announcement expands on that memo, ordering prosecutors to pause cases involving a wide range of low-level cannabis possession offenses.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” Grewal said. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

The attorney general’s office listed seven specific laws that will be impacted by the temporary policy change, including those penalizing possession of up to 50 grams of cannabis and being under the influence of marijuana.

“Notably, today’s guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute,” a press release from his office says.

The new memo specifies that “in cases where there are other pending charges in addition to the marijuana possession-related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges.”

In the previous guidance released earlier this month, Grewal recognized that there may be some confusion among residents about the implications of the legalization referendum’s passage so police and prosecutors “should exercise discretion” in pursuing marijuana cases, as outlined under earlier 2018 guidance that he issued.

A municipal prosecutor recently argued in a memo sent to colleagues across the state that voters’ approval of the legalization referendum, as well as the attorney general’s earlier directive this month, means that many current cannabis cases should not be pursued.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

Photo courtesy of Mike Latimer.

The post New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says appeared first on Marijuana Moment.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

Wed, 25 Nov 2020 18:36:23 GMT

A group of celebrities, Republican officials and civil rights advocates sent a letter to President Trump on Wednesday, urging him to pardon or commute the sentences of people in federal prison for nonviolent federal marijuana offenses.

The letter, which organizers said they adapted from an earlier request after discussing the previous proposal with the office of Trump senior adviser and son-in-law Jared Kushner, states that the signatories “strongly believe that justice necessitates the exercise of executive clemency in these cases.”

Unlike the last version, the new letter comes with an attachment—at the request of Kushner’s office, advocates said—of a specific list of 24 people who are currently behind bars for cannabis offenses, including several who are serving life sentences.

Weldon Angelos, who himself was convicted over cannabis and handed a mandatory minimum sentence before a court cut his sentence and released him, personally delivered the first version of the letter to the White House in March. He told Marijuana Moment that Kushner’s office then reached out to his organization, Mission Green, to request that, in addition to redelivering the request, advocates include a list of incarcerated people who they feel are especially entitled to presidentially granted relief.

Those two dozen currently incarcerated individuals include people like Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California. These inmates shouldn’t have to wait for Congress to get around to enacting federal policy change, and the president should use executive action to pardon them, the letter states.

“You have expressed support for the States’ right to implement their own cannabis laws, especially for medicinal purposes,” the signatories, including former NBA star Kevin Garnett, wrote. “And while there are a number of proposals being introduced in Congress to finally put an end to cannabis prohibition, they tend to lack any real avenue of relief for those who are serving time for selling cannabis.”

“Given the timidity of this proposed legislation, the gridlock in Congress, and the imperative of freedom, clemency is the right tool to fix this problem,” it continues. “You and you alone have the power to call out a grand hypocrisy of prior administrations. While cannabis became a thriving, legal market and enriched many, your predecessors ignored the people who were—and are—serving long federal terms for doing the same thing.”

Leaders in the Democratic-controlled House of Representatives announced that they plan to vote on a far-reaching bill to federally legalize marijuana next month, but the Republican Senate has shown no signs it intends to follow suit.

Among the more than 50 signatories of the new letter is Alice Johnson, who appeared at the Republican National Convention and whose story was featured in Trump campaign ads after her drug sentence was commuted by the president.

Republican state lawmakers from Kansas, Maine and Missouri also signed on, as did a former U.S. attorney, actor Danny Trejo, the New Haven, Connecticut police chief and former New Mexico governor and presidential candidate Gary Johnson. They were joined by representatives of groups like #cut50, Marijuana Policy Project and Law Enforcement Action Partnership.

So far during his administration, Trump has granted 27 pardons and 11 commutations. But the advocates behind this letter, including members of the CAN-DO Foundation, which partnered with Mission Green, expect to see a ramping up of clemency from the executive office in the coming weeks, as is traditional during the final weeks of a presidency.

Kushner and the White House press office did not immediately reply to Marijuana Moment’s request for comment for this story.

Angelos said that he hasn’t received confirmation on timing, but he expects Trump to announce additional pardons and commutations as early as the Thanksgiving holiday.

“It’s ridiculous that we currently have a billionaire in the cannabis industry, yet we are keeping select individuals in prison for doing the exact same thing. This is just another example of a wasteful and destructive criminal justice system,” he said in a press release. “I firmly believe President Trump will strongly consider fixing some of the most egregious sentences that we have brought to his attention.”

“He’s the first president on modern history to commute a number of sentences in his first few years in office,” he added. “Traditionally, pardons and commutations happen at the end of a presidency, and so this pattern gives us some comfort that we will get justice for some of them.”

It’s not clear how Trump will react to the request for a round of cannabis-specific clemency.

His reelection campaign worked to frame him as the criminal justice reform candidate, but he hasn’t proactively championed marijuana reform, has made several anti-legalization administration hires and issued signing statements stipulating that he reserves the right to ignore long-standing congressional riders that prohibit the Justice Department from using its funds to interfere with state-legal medical cannabis programs.

Also, despite his pledged support for medical marijuana and states’ rights, the president evidently holds some negative views toward cannabis consumption, as evidenced in a 2018 recording in which he said that using it makes people “lose IQ points.”

Read the letter to Trump about marijuana clemency below:

Letter to President Trump -… by Marijuana Moment

Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

The post Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office appeared first on Marijuana Moment.

New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization ...

Wed, 25 Nov 2020 16:54:34 GMT

A municipal prosecutor in New Jersey is arguing in a memo sent to colleagues across the state that voters’ approval of a marijuana legalization referendum this month, and subsequent guidance from the attorney general, means that many current cannabis cases should not be pursued.

In a two-page message to other top law enforcement officials that was shared with Marijuana Moment, Jon-Henry Barr, the municipal prosecutor for the Township of Clark, said that he appreciated that state Attorney General Gurbir Grewal (D) released guidance stipulating that police and prosecutors “should exercise discretion” in pursuing marijuana cases.

But voters made clear on Election Day that they no longer want to see adults 21 and older to be convicted for simple possession, he said, and they also lack control over lawmakers’ timeline for passing enabling legislation that would codify that policy statewide.

“New Jersey’s municipal prosecutors can look to the text of the State Constitution and interpretive caselaw for more guidance about what should be done with pending cases,” Barr, who is a past president of the New Jersey State Municipal Prosecutor’s Association and is a member of the pro-reform group Law Enforcement Action Partnership, wrote. “The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done.”

The attorney general’s reminder that prosecutors have discretion in cannabis cases is important, but it still leaves questions about how exactly they should proceed in the interim while lawmakers work on implementing regulations for a legal marijuana market, he said.

“In light of the global pandemic and the statewide referendum, are the interests of justice served by continuing to prosecute low level marijuana cases?” he asked. “I conclude that no reasonable argument can be made to claim that the interests of justice are accomplished by maintaining the prosecution of most current cases. However, that does not mean that all cases should simply be summarily dismissed.”

In terms of what types of cases could continue to be subject to prosecution, Barr said the referendum simply applied to low-level possession for those 21 and older. Underage possession, distribution and possession with the intent to distribute should all still be pursued on a case by case basis, at least while the legislature works to enact specific regulations.

While the attorney general in 2018 issued previous initial guidance encouraging discretion in marijuana cases, Barr said the referendum vote demonstrates that “public policy in New Jersey has now shifted significantly further, and it is my thoughtfully considered, carefully researched, and well-reasoned position that most, but not all, current marijuana cases should not be prosecuted.”

“I again maintain that this memo fully respects and complies with the direction provided thus far by the attorney general of New Jersey, and complete deference to his directives will continue,” he said.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Read the memo to prosecutors on marijuana enforcement discretion below:

Memo on marijuana prosecuti… by Marijuana Moment

Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill

The post New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances appeared first on Marijuana Moment.

Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill

Wed, 25 Nov 2020 13:34:22 GMT

After years of failed attempts to legalize marijuana in Connecticut, top Democratic lawmakers announced on Tuesday that if the legislature again rejects a cannabis reform bill in the coming session, they’ll take the issue directly to state voters via a ballot referendum.

“I think it’ll be a very, very close vote in the House,” House Speaker-designate Matt Ritter (D) said at a press conference outside a medical marijuana dispensary. “But if we do not have the votes—and I’m not raising the white flag—I want to be very clear: We will put something on the board to put to the voters of the state of Connecticut to amend the state constitution to legalize marijuana.”

In a separate appearance last week, Ritter put 50–50 odds on cannabis legalization passing the state legislature in 2021 and earlier this month said the reform is “inevitable” in the state at some point. If it doesn’t have enough lawmaker support to pass next year, he said on Tuesday, voters could decide legalization through a proposed constitutional amendment on the ballot as soon as 2022.

Efforts to legalize adult-use cannabis through Connecticut’s legislature over the past five years have repeatedly failed. During that time, however, a number of nearby states—including Maine, Vermont, New Jersey and neighboring Massachusetts—have passed legalization measures of their own. Other neighbors, including New York and Rhode Island, are currently weighing the issue. The state’s only other border is coastline.

At Tuesday’s press conference, lawmakers argued that the fact that Connecticut residents can now legally buy marijuana next door in Massachusetts—and soon elsewhere—has changed the political equation.

“Folks literally take something called a car,” Ritter quipped, “and they drive in their car and they buy it.”

Moreover, Connecticut in 2011 decriminalized the possession of small amounts of cannabis, Ritter noted. “So not only are they going across the border, but they’re coming back to their homes and using it safely.” (However common, it remains illegal to transport marijuana across state lines.)

Also at Tuesday’s press conference, held outside state-licensed medical marijuana producer CT Pharma, was Rep. Michael D’Agostino (D), co-chair of the House General Law Committee.

“The foundation exists for adult-use cannabis in Connecticut,” D’Agostino said, alluding to the facility behind him. “The production facilities exist. The distribution facilities exist. The regulatory structure exists. A bill is drafted from last session. We are ready to go.”

Passage through the state legislature would be the speedier of the two options. “If the legislature shows the will to pass this this year,” D’Agostino said, “we can be up and running by the end of next year. And from there, it will be easy to bolt onto that opportunities for everyone.”

A legislative panel in March heard a legalization proposal but declined to vote on the bill. That measure would likely serve as the model for next session’s legislation.

Legalization through a voter-approved referendum, the lawmakers noted, would follow a considerably longer path. Qualifying a proposed amendment for the following election requires passing a joint resolution with a three-quarters majority vote in both the Senate and the House. Otherwise, a simple majority of lawmakers put an amendment on the ballot if they approve it in two separate legislative sessions.

That would likely mean the question wouldn’t appear before voters until “2022 or, worst-case, 2024,” Ritter said.

“If we had only done this two years ago,” he added, “we’d only be two years away.”

Clearly, putting the issue on the ballot if there aren’t enough votes to pass a legalization bill itself would require some lawmakers who are opposed to or skeptical about the issue to at least feel comfortable letting voters decide on it. That’s what happened in New Jersey, where the legislature couldn’t find enough support for legalizing cannabis on its own but was able to pass a resolution placing a cannabis referendum on the ballot.

Amid what’s expected to be a busy legislative session in Connecticut, incoming House Majority Leader Jason Rojas (D) said marijuana deserves to be on the calendar even though “this is not the most pressing issue we’re facing as a state.”

“Perhaps it’s the most nagging one,” he said.

November’s election could help seal the deal. Democrats will have bigger majorities than in past years when the 2021 legislative session kicks off, as the Hartford Courant noted, and leaders said Tuesday they’re already reaching out to new members.

“I think we need to have a bill that’s ready from day one so that we can go to our members who are a bit skeptical about this policy,” Rojas said, “so we can arm them with the best information possible, and a vision for it.”

Asked about opposition to the bill, Rojas was frank. “It’s a diverse body of legislators, and there’s a lot of differences of opinion,” he said. “There’s concerns about the impact on youth and the kind of message that it sends to youth. There are some who believe the impact on brain development should be taken into consideration and therefore the age should be 25 for adult use. It’s a complicated issue, like many of the issues that we face in the Capitol.”

Ritter urged Republican lawmakers to see the issue as one of personal liberty. “Where are my libertarian Republican friends? Where are they?” he asked. “If they’re not willing to vote for legalization, are they at least willing to put it to the voters?”

If put on the state ballot, Ritter predicted marijuana legalization would pass overwhelmingly. Nearly two-thirds (63.4 percent) of residents said they “strongly support” or “somewhat support” legalizing adult-use cannabis, according to a poll in March, while 29.5 percent said they “strongly oppose” or “somewhat oppose” it.

Ritter on Tuesday also downplayed the role of state tax revenue in his support for legalization, saying it alone wouldn’t balance the budget. Instead, he said, he’s motivated by having a coherent policy with neighboring states, ensuring products are safe and addressing racial disparities in cannabis policing.

Gov. Ned Lamont (D), who supports legalization, also said this month that the policy change could potentially reduce the spread of COVID-19 by limiting out-of-state trips to buy marijuana.

Revenue from legalization in Connecticut would go toward education as well as an equity fund that would invest in communities disproportionately impacted by the drug war under the draft bill, the lawmakers said Tuesday. Municipalities could tack on additional taxes or fees, or they could vote to keep legal marijuana businesses out of their jurisdictions completely.

Voters across the country on Election Day approved every major drug-reform measure on state ballots, a sweep that’s since spurred action in neighboring states.

In many states where cannabis was on the ballot, legalization got more votes than either Donald Trump’s or Joe Biden’s presidential bids.

Congressman Earl Blumenauer (D-OR) told Marijuana Moment after Election Day that the overwhelming results are also likely to encourage reform at the federal level.

Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

The post Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill appeared first on Marijuana Moment.

NY cannabis effort gets boost from NJ, top senator says (Newsletter: November 25, 2020)

Wed, 25 Nov 2020 11:11:59 GMT

Lawmakers tell feds to better coordinate hemp rules; N. Macedonia PM floats legal marijuana; NY poll: Voters back legalization

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/ TOP THINGS TO KNOW

New York’s Senate majority leader said that legalizing marijuana is inevitable, and that the effort is boosted by this month’s cannabis vote next door in New Jersey.

“It’s not so much a matter of if, it’s a matter of when and it’s a matter of how.”

A poll found that New York voters support legalizing marijuana, 60%-32%—the highest backing ever in a Siena College survey.

Sen. Tina Smith (D-MN) and Reps. Angie Craig (D-MN), Betty McCollum (D-MN) and Collin Peterson (D-MN) sent a letter urging the U.S. Department of Agriculture, Drug Enforcement Administration, Food and Drug Administration and White House Office of Management and Budget to stop contradicting one another with their various hemp rules and do a better job coordinating to support the industry.

North Macedonian Prime Minister Zoran Zaev said the country might legalize marijuana to boost tourism.

“The idea is to allow consumption of marijuana in cafes, both in existing and new ones, and in tourist places, including Skopje, if they respect certain standards on ventilation, proof of origin of the marijuana and so on.”

/ FEDERAL

The Centers for Disease Control and Prevention is awarding a contract for technical support for marijuana and public health program activities.

Former federal drug czars and other advocates sent a letter urging President-elect Joe Biden to restore the White House Office of National Drug Control policy to cabinet-level status.

/ STATES

North Dakota Gov. Doug Burgum (R) issued another round of pardons for people convicted of low-level marijuana offenses.

Former Virginia Gov. Terry McAuliffe (D) coauthored an op-ed with a delegate on the need to legalize marijuana through an equity lens.

Pennsylvania’s lieutenant governor tweeted, “Now that the PA election is in the books, I’d like to take this opportunity to point out that the Democratic Party platform is to the right of South Dakota on legal weed. Montana. Arizona. Our party’s cowardice on weed demands courage on Psilocybin mushrooms and microdosing. If you believe we should label a person a criminal for the rest of their lives for using a plant, I literally can’t wait for you to vote for Crazy McCrazypants instead of me.”

Rhode Island’s incoming House speaker said Democrats discussed marijuana legalization on a caucus call.

A New Mexico judge gave regulators two weeks to explain their position on medical cannabis reciprocity.

Georgia regulators voted to approve requests for proposals for licenses to grow and process medical cannabis oil.

Alaska regulators voted to renew drive-thru and curbside pickup capabilities for marijuana dispensaries.

California regulators reported quarterly marijuana tax revenues.

New Jersey regulators issued an additional medical cannabis dispensary permit.

Maine regulators issued new conditional marijuana business licenses.

Oklahoma regulators released updated lists of approved medical cannabis laboratories and transporters.

—
Marijuana Moment is already tracking more than 1,500 cannabis 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.
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/ LOCAL

The Fort Worth, Texas Police Department is no longer arresting or citing people for small amounts of marijuana.

The Detroit, Michigan City Council approved rules for recreational marijuana businesses.

Oakland, California officials posted information about availability of loans for cannabis equity applicants to purchase property.

/ INTERNATIONAL

Canada’s former minister of health coauthored an op-ed calling for drug decriminalization.

/ SCIENCE & HEALTH

A study found that “legal recreational products’ share of Canada’s overall cannabis consumption began at 7.8% in October 2018 and grew to 23.7% by September 2019, with an average of 14.5% over the first 12 months ” and that “legal recreational products captured market share to the extent they were available, accessible, and low-priced,” while “problems with those factors slowed the initial expansion of legal product sales but also suggested ways to gradually increase their market share.”

A study concluded that “cannabis users whose purposes are medical, recreational or both tend to differ in their selected administration methods.”

/ ADVOCACY, OPINION & ANALYSIS

South Dakotans for Better Marijuana Laws is urging supporters to call a local sheriff and ask him to withdraw as a plaintiff in a lawsuit challenging the state’s voter-approved legalization measure.

The American Civil Liberties Union tweeted, “It’s not enough to just legalize marijuana. Elected officials must do so in a way that tackles racial disparities head-on.”

The National Cannabis Industry Association’s Diversity, Equity, & Inclusion Committee sent a letter urging Illinois officials to revamp the state’s marijuana social equity licensing process.

/ BUSINESS

Jushi Holdings Inc. reported quarterly revenue of $24.9 million and a net loss of $30 million.

Tilray, Inc. announced an agreement to exchange $72.9 million of debt for approximately 6.4 million shares.

BevCanna Enterprises Inc. signed a letter of intent to acquire Naturo Group Investments Inc.

Vireo Health International, Inc. filed a preliminary prospectus to issue up to C$260 million in securities.

Nabis Holdings settled a lawsuit against its former president and CEO.

Weedmaps is an official sponsor for the upcoming Mike Tyson vs. Roy Jones Jr. fight.

/ CULTURE

Jay-Z joined TPCO Holding Corp. as chief visionary officer.

Former hockey player Daniel Carcillo spoke about his use of psychedelics for mental health.

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The post NY cannabis effort gets boost from NJ, top senator says (Newsletter: November 25, 2020) appeared first on Marijuana Moment.

Federal Agencies Must Get On The Same Page With Hemp Rules, Lawmakers Say

Tue, 24 Nov 2020 19:15:51 GMT

Four members of Congress representing Minnesota are urging federal regulatory agencies to streamline hemp and CBD rules that they say are “inconsistent” and cause headaches—and potential criminal liabilities—for farmers and entrepreneurs trying to succeed in the fledgling industry.

In a letter to four top government officials, the lawmakers—Sen. Tina Smith (D-MN) and Reps. Angie Craig (D-MN), Betty McCollum (D-MN) and Collin Peterson (D-MN)—wrote that their agencies “need to work together and issue federal guidelines that will benefit farmers rather than punish farmers for factors that are out of their control.”

Each of the agencies the—U.S. Department of Agriculture (USDA), Food and Drug Administration (FDA), Drug Enforcement Administration (DEA) and Office of Management and Budget (OMB)—plays some role in regulating hemp and its various derivative products, and the letter says their rules conflict in ways that have chilled the market.

“Currently, contradictory federal guidelines are leading to uncertainty in the market,” Smith’s office said in a statement, “and preventing Minnesota farmers and Tribes from fully reaping the economic benefits of growing hemp.”

The letter, sent last week, says the conflicting rules have “resulted in fewer hemp acres in Minnesota being planted from 2019 to 2020.” While the number of licensed growers increased from four to 467 over that period, the number of acres planted in hemp dropped from 7,353 to 5,809.

“Lack of clarity has resulted in under-investments in growing and processing from banks and hemp production companies,” it adds, calling on the agencies to work together “to create a more stable market for hemp farmers and ease the concerns of investors.”

As the letter explains, various rules issued by the agencies since Congress legalized hemp in the 2018 Farm Bill sometimes seem to conflict with one another, creating confusion for companies trying to comply—as well as for peripheral businesses that want to work with them.

“For example, USDA’s rule stated that farmers will be held accountable—facing possible revoking of their licenses—if their crops test above a .5 percent THC level three times in a five year period,” the letter says. “Despite this somewhat onerous and arbitrary rule, [DEA] instituted their own rule saying that exceeding .3 percent THC level deems the crop a controlled substance” and thus criminally illegal.

That rule has also been subject to criticism by a pair of Oregon senators as well as nine other members of Congress. They say the agency misinterpreted congressional intent when legalizing hemp.

“The burdensome competing rules don’t allow for remediation if the crop tests above the deemed inappropriate levels,” the lawmakers wrote. “Farmers should not be penalized for plants that they intended to grow as hemp, but for any number of reasons, the final THC numbers exceeded the arbitrary 0.3% THC level.”

As for CBD, the letter notes, FDA guidance on the cannabinoid “is still pending at the office of management and budget, which adds even more uncertainty to the marketplace.”

OMB completed its review of FDA’s proposed guidance in July, but it remains to be seen whether the draft document will be released.

Other members of Congress have taken issue with the particularities of agency hemp rules. The Senate Appropriations Committee earlier this month urged a number of hemp- and marijuana-related changes, including to USDA’s proposed 0.5 percent THC negligence threshold, which the panel called “arbitrary.” The committee also complained that a separate hemp rule “creates roadblocks for farmers by requiring an unrealistic timeframe for testing.”

Lawmakers said USDA should “ensure that any final rule is based on science and will ensure a fair and reasonable regulatory framework for commercial hemp production in the United States.”

Amid the confusion, hemp regulators at USDA have approved nearly 70 state and tribal regulatory hemp proposals and recently awarded an advocacy group $200,000 to support America’s international hemp trade.

Last month USDA closed an extended public comment period on its proposed hemp regulations after temporarily reopening the feedback period due to strong pushback from stakeholders, many of whom said the policies were too restrictive. An initial comment round saw more than 4,600 submissions.

Due to the concerns, Congress approved a continuing resolution that extends a current hemp pilot program established in 2014 through September 2021. That program, which many in the industry feel is more flexible than USDA’s proposed rules, was initially set to expire in October.

Working With GOP Gave Obama A ‘Handy Excuse’ Not To Legalize Marijuana, He Writes In New Book

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New York Marijuana Legalization Support Is Higher Now Than Ever Before, Poll Finds

Tue, 24 Nov 2020 18:11:14 GMT

New York voters support legalizing marijuana by a nearly two-to-one ratio, according to a new poll released on Tuesday.

The Siena College survey found that 60 percent of registered voters in the state back legalizing cannabis, compared to 32 percent who oppose the reform. That’s up significantly from February, when a poll showed support for ending marijuana prohibition ahead by a margin of 55 percent to 40 percent.

The new finding is “the strongest support legalization has ever had in a Siena College poll,” the school said in a press release.

Nearly every demographic across age, party, regional and racial lines has majority or plurality support for legalizing cannabis.

As has historically been the case, those who identify as Democrats were more likely to back the policy change (63 percent) compared to Republicans (48 percent). Sixty-eight percent of independents said they favor legalization.

The only demographic surveyed where opposition exceeded support was for ideologically conservative respondents, who are against legalization, 44 percent to 50 percent.

A separate survey released last month by Spectrum News and Ipsos similarly found that 61 percent of New Yorkers back the reform, compared to 30 percent who oppose it.

Legalization could become more than an idea in the Empire State next year, as Gov. Andrew Cuomo (D) and top lawmakers have indicated that the reform will be prioritized.

Senate Majority Leader Andrea Stewart-Cousins (D) said on Monday that “it’s not so much a matter of if, it’s a matter of when and it’s a matter of how” the state legalizes cannabis for adult use.

While there are still outstanding provisions that need to be negotiated—principally concerning how tax revenue is allocated—the senator made clear that the legislature is positioned to advance the issue, especially since New Jersey voters approved a legalization referendum this month.

Cuomo said earlier this month that the “pressure will be on” to legalize marijuana in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

The governor has included cannabis legalization in his last two annual budget proposals, but negotiations have consistently stalled over the details. A top aide said last month that the administration plans to give it another try in 2021 and the governor confirmed in a separate recent interview that he felt the reform would be accomplished “soon.”

Election Day also gave the Senate a supermajority of Democrats, meaning they will have more leverage to pass a legalization bill as they see fit because lawmakers could potentially override a veto if Cuomo takes issue with the details of the proposal.

Number Of Banks Working With Marijuana Industry Continues To Drop Amid COVID, Federal Report Shows

Photo courtesy of Kimberly Lawson.

The post New York Marijuana Legalization Support Is Higher Now Than Ever Before, Poll Finds appeared first on Marijuana Moment.

North Macedonia May Legalize Marijuana To Boost Tourism, Prime Minister Says

Tue, 24 Nov 2020 14:53:55 GMT

North Macedonia may become the first Balkan country to allow the recreational use of marijuana, Prime Minister Zoran Zaev said, adding that his government is mulling Amsterdam as an example.

By Sinisa Jakov Marusic, BIRN

This story was originally published by BIRN’s English language website Balkan Insight.

The government in North Macedonia is considering allowing recreational use of marijuana in cafes and hospitality places in the capital, Skopje, and in other tourist hotspots, like the lakeside town of Ohrid, Prime Minister Zoran Zaev said.

“The idea is to allow consumption of marijuana in cafes, both in existing and new ones, and in tourist places, including Skopje, if they respect certain standards on ventilation, proof of origin of the marijuana and so on,” Zaev told Deutsche Welle.

He added that the government envisages strict regulation in this sphere, taking Amsterdam in the Netherlands as an example.

The Prime Minister said this was part of the government’s planned package of measures aimed at stimulating the economy, which has been hit hard by the COVID health crisis.

Zaev, who in the past two years has promised a public debate over this issue, warned that his Social Democratic government has not made any final decision yet, and insists that if the majority in the country says no to the idea, he is ready to retreat.

North Macedonia has allowed medicinal-use marijuana to be sold in pharmacies since 2016, when the right-wing VMRO DPMNE-led government was in power.

Since then, legal marijuana producers have started working, amid criticism from some pro-marijuana NGOs that the law has been shaped to prohibit small entrepreneurs from entering the business and let only bigger investors profit.

However, the country has not fully decriminalized the use of cannabis.

On Thursday, Justice Minister Bojan Maricic said it was good that a public debate was now starting on full decriminalization, in which experts and the NGO sector should share opinions.

“A quality regulation in this area can bring several benefits to the country, such as regulating the marijuana trade, curbing criminality and of course economic benefits, mostly in the the tourism and hospitality sectors,” Maricic said.

Elsewhere in the region, Croatia earlier this year drafted a law on the complete legalization of cannabis for either medicinal and recreational purposes. The draft is currently in the phase of public debate.

This story was originally published by BIRN’s English language website Balkan Insight.

Mexican Senate Passes Bill To Legalize Marijuana Nationwide

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Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

Tue, 24 Nov 2020 13:50:30 GMT

Marijuana legalization is an inevitability in New York, a top senator said on Monday, adding that the push is being bolstered by voter approval of cannabis reform next door in New Jersey.

Senate Majority Leader Andrea Stewart-Cousins (D) said during a press briefing that “it’s not so much a matter of if, it’s a matter of when and it’s a matter of how” the state legalizes marijuana for adult use.

“The conversation has always been, what happens to the revenues?” she said. “How do we include disparately impacted communities in the economy of this industry? And how do we make sure that resources to this disparately impacted communities are gotten in those communities?”

Watch the senator discuss marijuana below, starting around 21:30 into the video below:

The majority leader also touched on New Jersey’s recent move to legalize after voters overwhelmingly approved a referendum on the issue. She said the neighboring state “obviously had a hard time trying to figure that out and then they punted and then people said go do it and so now it’s back in their court,” referring to lawmakers’ putting the issue on the ballot via a referendum and now working to advance enabling legislation after the vote.

Asked whether the New Jersey move adds impetus to New York’s effort, Stewart-Cousins said “I think that it certainly is a big piece of it, of course.”

The remarks come as there’s increasing talk among key officials about a renewed effort to enact the policy change in New York.

Gov. Andrew Cuomo (D) said earlier this month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

The policy item will also be easier to advance with the new supermajority of Democrats in the Senate, as Stewart-Cousins discussed during the briefing.

“With a Democratic supermajority, we can continue to make real, progressive change and improve New Yorkers’ lives,” she said in a separate press release. “As we navigate the coronavirus pandemic, we have a responsibility to lead the way so we can build a brighter future for everyone.”

The governor has included marijuana legalization in his last two annual budget proposals, but negotiations have consistently stalled over the details. A top aide said last month that the administration planned to give it another try in 2021 and the governor confirmed in a separate recent interview that he felt the reform would be accomplished “soon.”

The new Democratic supermajority means that lawmakers may have more leverage to sort out the finer points of what legal cannabis looks like without having to give deference to Cuomo’s desires on the issue. If he were to veto any bill, they could potentially have enough votes to override him.

Support for legalizing cannabis in New York outpaces opposition by a margin of two to one, a recent poll found. Sixty-one percent of New Yorkers said they’re in favor of enacting the reform at the state level, compared to 30 percent who are opposed.

Virginia Will Be A Leader On Marijuana Legalization In The South, Governor Says

Photo courtesy of WeedPornDaily.

The post Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says appeared first on Marijuana Moment.

SD cops sue to overturn cannabis ballot measure (Newsletter: November 24, 2020)

Tue, 24 Nov 2020 11:27:45 GMT

Feds: Fewer banks work with marijuana businesses; VA gov: State can be cannabis “leader” in South; IL uses legalization revenue to expunge records

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/ TOP THINGS TO KNOW

A South Dakota sheriff and police colonel have filed a lawsuit—paid for in part with state funds—asking a court to overturn the state’s voter-approved marijuana legalization ballot measure.

New data from the Treasury Department’s Financial Crimes Enforcement Network shows that the number of banks reporting working with marijuana industry clients continues to drop—for the third quarter in a row. But part of that is due to no longer having to track hemp accounts, and the coronavirus pandemic has shuttered some cannabis businesses, the agency said.

Virginia Gov. Ralph Northam (D) said his state will be a “leader” on marijuana legalization in the South. He also spoke about whether cannabis home cultivation should be allowed under the bill he intends to pass in 2021.

“You could make the argument or the point that we’re able to brew beer in our home, why not grow marijuana? I’ve heard that. I understand that.”

The state of Illinois is using cannabis tax revenue to fund a new program called New Leaf that helps people expunge their prior marijuana records.

/ FEDERAL

The U.S. Department of Agriculture published a report on Japanese import regulations for hemp products.

Former Labor Secretary Robert Reich tweeted, “Here are 7 things Biden can do by executive order on Day One:… Ease cannabis restrictions”

/ STATES

North Carolina’s attorney general tweeted, “Research shows that Black and white populations in NC smoke marijuana at about the same rates, but Black populations are disproportionately charged and convicted of marijuana possession. The Task Force has adopted recommendations to help find a solution.”

A California judge overturned a regulation allowing marijuana billboards along highways. Separately, a recent ruling by another judge upholding state regulations on cannabis delivery services might not be as big of a win for the industry as was originally reported.

Georgia’s Access to Medical Cannabis Commission met.

The Florida Boards of Medicine and Osteopathic Medicine’s Joint Committee on Medical Marijuana met.

West Virginia regulators plan to approve medical cannabis dispensary license applications by the end of the year.

Nevada marijuana dispensaries will remain at 50% occupancy under new state coronavirus restrictions.

Kentucky regulators are allowing a hemp processing plant to resume operations following a shutdown caused by odor and emissions complaints.

A Virginia delegate is pushing to earmark any future marijuana tax revenue for reparations for Black and Indigenous people.

The Commonwealth of the Northern Mariana Islands lawmaker who authored the territory’s marijuana legalization law said that regulators should focus first on enabling medical cannabis access before they open the recreational market.

A claim by a Texas representative that there’s “up to 75% reduction in opioid dosage for medical cannabis users” is mostly true, according to PolitiFact.

Alaska marijuana regulators will meet on Tuesday.

—
Marijuana Moment is already tracking more than 1,500 cannabis 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 Tarrant County, Texas district attorney created a procedure for people to get their misdemeanor marijuana possession cases dismissed.

/ INTERNATIONAL

The Canadian government granted an exemption to a woman to use psilocybin for depression.

Thailand’s justice minister issued a memo clarifying that drugs like cocaine, marijuana and opium remain generally illegal following a move to allow their use for research.

/ SCIENCE & HEALTH

A study found that medical cannabis “is considered as a therapeutic option by many [Parkinson’s disease] patients.”

Ohio State University’s Drug Enforcement and Policy Center established a marijuana research grant program.

/ ADVOCACY, OPINION & ANALYSIS

The Mexican Bishops Council criticized the passage of a marijuana legalization bill in the country’s Senate.

/ BUSINESS

ATAI Life Sciences closed a $125 million funding round, including a $12 million investment from Peter Thiel.

Folium Biosciences is being accused in a lawsuit of dumping ethanol into the ground outside a factory space and into the sewer system at an extraction facility surrounded by farmland.

Tilray, Inc. announced an agreement to exchange $124.3 million of its convertible debt for 10.9 million shares.

Curaleaf Holdings, Inc. announced a fundraising initiative to support food banks, homeless shelters and nonprofits working to address food insecurity.

MedMen Enterprises Inc. announced it is carrying former basketball player Al Harrington’s Viola products at all of its locations.

Maine retailers sold $1.4 million worth of recreational marijuana products during the first month of legal sales.

/ CULTURE

The NHL Alumni Association canceled plans for a study on marijuana.

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Photo courtesy of Chris Wallis // Side Pocket Images.

The post SD cops sue to overturn cannabis ballot measure (Newsletter: November 24, 2020) appeared first on Marijuana Moment.

Illinois ‘New Leaf’ Program Uses Marijuana Tax Revenue To Expunge Prior Cannabis Records

Mon, 23 Nov 2020 17:12:09 GMT

“The expungement process is one step toward repairing that harm for people who were previously arrested or prosecuted for something that is now legal for all of us.”

By Raymon Troncoso, Capitol News Illinois

A new state-funded initiative called New Leaf Illinois aims to connect Illinoisans who want to remove marijuana arrests or convictions from their records with 20 nonprofit organizations that provide free legal representation and information on expungements.

New Leaf Illinois was launched Thursday by the Illinois Equal Justice Foundation (IEJF), an organization created by a 1999 state law to distribute funding appropriated by the government to support nonprofit legal aid programs and initiatives. IEJF administers state appropriations to three programs—a broad legal aid grant program, a legal aid service for veterans and, most recently, a marijuana offense expungement program.

As part of the 2019 Cannabis Regulation and Tax Act—the law that legalized marijuana for recreational use—arrests and convictions for certain marijuana offenses are eligible for expungement. Arrests and minor offenses are eligible for automatic expungement, while some convictions require a petition be filed in court.

The 2019 law also set aside a portion of the tax revenue generated from the legal sale of marijuana that must be put toward the expungement process. Through the IEJF, a portion of these funds are given as grants to New Leaf organizations to provide legal services.

Tax revenue from legal marijuana sales has also been earmarked for other services, like the R3 community investment program.

According to Leslie Corbett, IEJF executive director, the organization received a $1.6 million appropriation to create the New Leaf initiative, with $1.46 million being distributed as grants to the 20 member organizations and the remainder being used to administer the program.

IEJF estimates there are approximately 700,000 Illinoisans eligible for marijuana offense expungement, either through the automatic process or the court filing route. Automatic expungement means the beneficiary doesn’t have to personally ask for expungement, but the process itself must still be carried out manually by the Illinois State Police and criminal justice officials on a case-by-case basis.

Due to the volume of records, ISP has set a five-year timeline for when arrests and minor convictions will be expunged, in order of when the offense occurred. New Leaf Illinois offers to help applicants speed up the process if an arrest for a marijuana offense remains on their record.

“These individuals may have a criminal record that could make it harder for them to actually get a job, advance their education or even be able to rent an apartment,” Gray Matteo-Harris, an IEJF board member and partner at the Fox Rothschild law firm, said at a news conference announcing New Leaf Illinois on Thursday.

“If you look at the data, Black and brown people and economically disadvantaged communities were disproportionately penalized by past criminalization. The expungement process is one step toward repairing that harm for people who were previously arrested or prosecuted for something that is now legal for all of us,” she said.

Illinoisans with an arrest or conviction for marijuana can go to NewLeafIllinois.org and fill out a form to be paired with a legal professional from one of the 20 member organizations to determine what options are available to them. They can also call the New Leaf Illinois hotline at (855) 963-9532.

This story was first published by Capitol News Illinois.

Virginia Will Be A Leader On Marijuana Legalization In The South, Governor Says

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