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Tag: marijuana legalization

  • California’s #Weedwise Campaign Aims To Combat Illegal Pot

    California’s #Weedwise Campaign Aims To Combat Illegal Pot

    The public information campaign will highlight the potential health risks of consuming illegal marijuana. 

    In an effort to stem California’s flourishing black market marijuana trade, the state’s cannabis regulatory bureau has launched a digital public information campaign called “Get #weedwise,” which will encourage consumers to buy marijuana products from licensed businesses.

    The three-year, $1.7 million campaign, which kicked off June 21, is also intended as a warning to unlicensed businesses and growers, which will be targeted for shutdown as part of a larger campaign that is also focused on expediting business licenses. 

    The #weedwise campaign will be disseminated via ads on mobile phones and social media sites as well as billboards; Lori Ajax, chief of the state’s Bureau of Cannabis Control, which is overseeing the ads, noted that its focus will “directly impact consumer safety by clarifying that only cannabis purchased from licensed retailers has met the safety’s standards.”

    Digital ads will detail health risks that can be incurred by purchasing illegal cannabis, including exposure to chemicals, mold, metals and even fecal matter.

    Consumers who wish to confirm that their retailers of choice are licensed are directed to the state’s online database, where they can enter information about businesses by address or license number. 

    A confluence of high taxes and buyer loyalty to black market sources has helped to undercut California’s attempt to earn a revenue windfall from cannabis since Proposition 64 legalized it for recreational use in 2016.

    Legal business owners have also complained to state officials about these issues, as well as a perceived lack of action against illegal businesses, which are estimated to number more than 1,000 in Los Angeles alone. However, the ad campaign has been largely met with a positive response.

    “It’s overdue, said Virgil Grant, a dispensary owner and co-founder of California Minority Alliance, a cannabis industry group. “If consumers turn against unlicensed shops, then they can’t exist.”

    Bureau spokesperson Alex Traverso told KOVR, the CBS affiliate in Sacramento, that the Get #weedwise campaign is one part of a larger, three-pronged effort to curb illegal sales that will include the closure of illegal businesses and growers, and expediting licenses to business.

    “When you have a government agency saying here’s how you know what’s legal and illegal, we feel like that’s a linchpin for success,” said Jerred Kiloh, president of the United Cannabis Business Alliance in Los Angeles. 

    View the original article at thefix.com

  • Debate Swells Over Medical Marijuana And Gun Ownership

    Debate Swells Over Medical Marijuana And Gun Ownership

    Currently it is illegal to possess both marijuana and a legal firearm, even if you are using marijuana for a medical purpose.

    “Is allowing the combination of high-powered pot and gun use a good idea?” queries Alex Halperin of The Guardian.

    This debate is no joke. It involves the clashing of numerous contentious elements—federal marijuana prohibition, state marijuana legalization, the second amendment of the U.S. Constitution and growing tension around gun policy as Americans have numbed to the frequency of mass killings.

    Currently it is illegal to possess both marijuana and a legal firearm, even if you are using marijuana for a medical purpose. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made this clear in a 2011 Open Letter to All Federal Firearms Licensees:

    “Federal law prohibits any person who is an ‘unlawful user of or addicted to any controlled substance’ from shipping, transporting, receiving or possessing firearms or ammunition… There are no exceptions in Federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by State law.”

    The same goes for anyone selling or providing firearms or ammunition to people who use marijuana.

    Marijuana remains a controlled substance—i.e. a prohibited drug—in the eyes of the federal government. Under the Controlled Substances Act marijuana is defined as having no medical value and a high potential for abuse.

    Some see this rule as a violation of their constitutional right to bear arms. In April, the governor of Oklahoma signed House Bill 2612, barring state or local agencies from denying medical marijuana patients “the right to own, purchase or possess a firearm just because they’re a medical marijuana patient.”

    And a federal bill introduced in the House of Representatives (also this past April), H.R. 2071, would extend this protection across all states where medical marijuana use is legal.

    “Why am I going to give up one of my rights because I found an organic plant that some are uncomfortable with? I’m not going to do that. I’m not going to trade my rights like baseball cards,” said Joshua Raines, a 31-year-old Army veteran, according to the Dallas News.

    Using CBD oil reduced the number of Raines’ seizures from up to 40 per month to just two or three. But he’s opted to stay out of Texas’ Compassionate Use Program, which allows CBD for intractable epilepsy, because he does not want to give up his right to purchase a firearm. So according to state policy, Raines’ use of medical marijuana is illegal.

    Halperin suggests that with the current lack of sufficient research on the effects of marijuana (due to the fact that it is restricted by the federal government) allowing marijuana users access to firearms may “exacerbate” gun violence in the U.S.—though he does acknowledge the anecdotal evidence that medical marijuana has helped many people including Raines.

    As access to marijuana—both medical and recreational—expands as more states legalize it, the debate will also grow from here.

    View the original article at thefix.com

  • House Votes To Prevent Feds From Enforcing Pot Laws In Legal States

    House Votes To Prevent Feds From Enforcing Pot Laws In Legal States

    The Democrat-led arm of Congress seeks to keep federal marijuana enforcement out of places where citizens have voted it legal.

    The feds at the Department of Justice will no longer be able to enforce marijuana laws in legal states if the House of Representatives gets its way, Marijuana Moment reports.

    While the House is majority Democrat, the measure passed with a floor vote of 267 to 165, meaning the effort was bipartisan. If it passes, the DOJ will no longer have a say regarding state laws that govern recreational use, growing pot or selling the stuff.

    “This is the most significant vote on marijuana reform policy that the House of Representatives has ever taken,” said Justin Strekal, Political Director at NORML. “Today’s action by Congress highlights the growing power of the marijuana law reform movement and the increasing awareness by political leaders that the policy of prohibition and criminalization has failed.”

    Members of the marijuana industry welcomed the news.

    “The historic nature of this vote cannot be overstated,” said Neal Levine, CEO of the Cannabis Trade Federation. “For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws.”

    The bill had bipartisan sponsorship coming from Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC) and Tom McClintock (R-CA).

    “I do not believe the federal government has that authority, but even if it did, states should determine their own criminal justice policies,” wrote Rep. McClintock to his colleagues before the vote. “This is how our constitutional system was designed to function.”

    A similar measure failed the floor vote in 2015, but widespread support for legalization has only grown since then.

    “The end of marijuana prohibition has never been closer. When Drug Policy Alliance (DPA) and a small band of allies first worked on this amendment in 2015, we were told that we didn’t stand a chance,” said the DPA Director of National Affairs, Michael Collins. “But we convinced members this was the right thing to do, and four years on, victory is sweet.”

    This isn’t the only victory for sensible drug policy that has recently made its way through the House. On Thursday, the House voted in favor of the establishment of regulations for CBD. Rep. Alexandria Ocasio-Cortez (D-NY) was also able to divert $5 million from the DEA to opioid treatment programs, but failed to push through a measure that would allow more research on the effects of psychedelics.

    View the original article at thefix.com

  • California Prisoners Can Possess Marijuana But They Just Can’t Smoke It

    California Prisoners Can Possess Marijuana But They Just Can’t Smoke It

    Smoking or ingesting marijuana in prison remains a felony in the state.

    A ruling by district court in Sacramento, California, will allow the state’s prison population to legally possess marijuana without threat of conviction, but they may not smoke or ingest it. The decision was made as part of an appeal brought by Sacramento County-based inmates who had been convicted of possessing cannabis in their cells.

    In overturning the case, justices from the California Court of Appeals for the Third Appellate District ruled that the language of Proposition 64 – the 2016 California ballot initiative that legalized recreational marijuana – specified that consumption of cannabis, not possession, is illegal, and as such, smoking or ingesting marijuana in prison remains a felony. The ruling also allows prison authorities to ban possession at their respective facilities.

    The case in question involved five prison inmates whose convictions for marijuana possession added more prison time to their respective sentences. After relief was denied by the Sacramento State Court, they appealed with the Third District, where a panel of three justices underscored that the “plain language” of Proposition 64 made clear that possession of less than one ounce of cannabis in a prison was not a felony.

    “The purpose of the language is to describe the vast array of means of consumption, and consumption, not possession, is the act the voters determined should remain criminalized if the user is in prison,” wrote Presiding Justice Vance W. Rayne.

    The justices also noted that consumption “can be achieved” through inhaling non-burning vapor or topical application, and not just smoking or ingesting, which the court noted remains a felony in prison. Additionally, the ruling confirmed that prison officials may ban possession to “maintain order and safety in the prisons.”

    Raye and his fellow justices also took to task California State Attorney General Xavier Becarra’s argument, which as NPR noted, claimed that Proposition 64 created an “absurdity” that would legalize the use of marijuana in prisons and support smuggling.

    “A result is not absurd because the outcome may be unwise,” Raye wrote. “We cannot ignore binding precedent and the plain language of a statute based on the intensity of the Attorney General’s passion to criminalize an act the electorate has decided no longer merits treatment as a felony.”

    Beccara’s office has yet to announce whether it will appeal the decision, but both the state corrections department and marijuana advocates weighed in on the court’s ruling.

    “We want to be clear that drug use and sales within state prisons remains prohibited,” said Vicky Waters, a spokesperson for the California Department of Corrections and Rehabilitation. “[We] are committed to providing a safe, accountable environment for prisoners and staff alike, and we plan to evaluate this decision with an eye towards maintaining health and security within our institutions.”

    Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), described the ruling as a “novelty decision,” but supported the court’s emphasis on the clarity of Proposition 64’s language and intent.

    “You’d be hard-pressed to make an argument that the majority of Californians, when they were deciding on this issue, were voting to allow marijuana in the criminal justice system.”

    View the original article at thefix.com

  • Illinois Set To Become 11th State To Legalize Recreational Marijuana

    Illinois Set To Become 11th State To Legalize Recreational Marijuana

    The legalization bill only needs the governor’s signature to become law.

    Illinois could become the 11th state to legalize recreational marijuana, as its House of Representatives have just passed a bill with a vote of 66-47. With just a signature from the governor, a statewide commercial pot industry would become a reality and marijuana-related charges would be expunged.

    “This will have a transformational impact on our state, creating opportunity in the communities that need it most and giving so many a second chance,” wrote Governor J.B. Pritzker in a statement. Pritzker won his office on a platform that promised legalization.

    Advocates for the Illinois bill say that ending marijuana prohibition would be a step toward rectifying decades of racial injustice resulting from the War on Drugs.

    “Prohibition hasn’t built communities. In fact, it has destroyed them,” explained Rep. Kelly Cassidy. “It is time to hit the reset button on the war on drugs.”

    The bill would allow Illinois residents 21 and older to possess 30 grams of marijuana, 5 grams of concentrate, or 500 milligrams of THC if present in infused products. Non-residents are allowed to possess a maximum of 15 grams of marijuana. The bill also lays the groundwork for cultivation and dispensary licensing.

    The bill will also compel Pritzker to pardon all low-level pot convictions. Rep. Jehan Gordon-Booth lauded the move as the only major policy decision in her 10 years of legislating that directly aims to help minority communities.

    With these charges lifted, anyone who has been bogged down with a marijuana charge now has an enormous range of employment or education opportunities re-opened to them.

    “If you are wearing the scarlet letter of a conviction, you are now calcified in poverty because of a mistake,” Gordon-Booth said. “Not even a mistake, a choice.”

    However, not everyone is on board. Opponents of the bill say that legalization could result in a greater rate of teenage use, more DUIs, and create potential health risks.

    “If this bill passes, a giant, big-money industry will commercialize another harmful, addictive drug in our state,” said Rep. Marty Moylan.

    As a compromise to earn greater bipartisan support, compromises were made. Only medical marijuana patients could possess home-grown marijuana. The bill would also allow employers to enact zero-tolerance policies against marijuana if they desired.

    And any local governments would be allowed to make the call on exactly where and when marijuana businesses could operate—including simply banning them outright.

    “I’m a father of three from a rural district, and I’m standing before you supporting this bill because I do not believe the current policy that we have out there right now is working,” said Rep. David Welter. “Prohibition doesn’t work, and we see that. Putting safeguards in place, taxing, regulating it, I believe provides a better market and a safer market.”

    The new industry is predicted to make $57 million in general revenue in the state in the coming budget year. The revenue will first be used to pay for costs related to expunging marijuana charges, and after that 35% of the revenue will go into state funding to community grants, mental health and substance abuse programs, unpaid state bills, law enforcement and education. 

    View the original article at thefix.com

  • Marijuana Legalization Remains Low Priority For Most Americans

    Marijuana Legalization Remains Low Priority For Most Americans

    Only 2% of Americans polled said that legalization was an important issue for them when deciding who they will vote for in the 2020 election.

    While more Americans than ever are in favor of legalizing recreational marijuana, most believe that there are more pressing priorities that the government needs to focus on, according to polling. 

    Last fall, Gallup released a poll showing that for the first time ever two-thirds of Americans said that they are in favor of legalizing recreational marijuana. 

    “Like support for gay marriage—and in prior years, interracial marriage—support for marijuana legalization has generally only expanded, even if slowly, over the course of multiple decades—raising the question of where the ceiling in support might be,” the Gallup poll concluded. “As the percentage of Americans who favor legalizing pot has continued to grow, so has the number of states that have taken up legislation to allow residents to use the substance recreationally.”

    Despite that, Americans don’t seem to think that legalizing marijuana is a priority for the government right now. A recent CNN poll asked voters to rank what issue is most important to them when deciding who they will vote for in the 2020 election. Just 2% said marijuana is the most important issue for them. 

    Likewise, in a Gallup poll released in February asking Americans about the biggest problems the country faced, no respondents mentioned marijuana policy. Interestingly, the opioid epidemic also did not rate in that poll. Instead, Americans are mostly concerned about “the government/poor leadership,” immigration and healthcare. 

    A Pew poll from January asked what the government’s priorities for 2019 should be. In that poll, marijuana policy did not rank, but 49% of respondents said that addressing “drug addiction” should be a top priority. 

    Despite the fact that very few Americans believe that marijuana policy should be prioritized by the government, it has become an issue for 2020 presidential candidates and other political hopefuls.

    U.S. Senator Kamala Harris, a Democrat from California who is running for president, has spoken out in favor of legalization. 

    “Something else it’s past time we get done is dismantling the failed war on drugs—starting with legalizing marijuana,” she wrote in her book, The Truths We Hold: An American Journey. “We need to legalize marijuana and regulate it, and we need to expunge nonviolent marijuana-related offenses from the records of millions of people who have been arrested and incarcerated so they can get on with their lives.”

    The World Health Organization has also called for marijuana to be rescheduled into a less restrictive class. 

    View the original article at thefix.com

  • Marijuana Legalization Flounders in New York, New Jersey

    Marijuana Legalization Flounders in New York, New Jersey

    “People are talking about [legalization] less. There is no sense of urgency,” says one drug policy expert.  

    In the beginning of 2019 it seemed almost certain that New York and New Jersey would soon legalize cannabis, allowing people in and around America’s largest city to use the the drug recreationally.

    But just five months into the year legalization efforts in both states are floundering. 

    “People are talking about it less,” Kassandra Frederique, director of the Drug Policy Alliance in New York, told The New York Times. “There is no sense of urgency.” 

    New York and New Jersey are among the first states to try to legislate a recreational marijuana marketplace. Vermont is the only state thus far to legalize cannabis through legislative action, but it does not have a marketplace, instead allowing cannabis to be grown for personal use. 

    In New York, Gov. Andrew Cuomo wanted marijuana legalization included in the state’s budget that was passed in April, but that effort broke down. The proposal faced opposition from minority legislators who were not satisfied with the bill’s social justice components. 

    However, the New York Times reported this week that the governor was the one who ultimately backed away from pushing legalization through the budget because he feared the political consequences. 

    “The governor walked away from it in the budget,” Senator Liz Krueger said. 

    Yet Cuomo insisted that the legislature was to blame. 

    “The facts as reported are the leaders said they don’t want to pass marijuana in the budget,” he said. 

    Krueger said that the state lawmakers are still divided about how funds from cannabis should be spent, and specifically how much of those funds should be earmarked for communities that have been disproportionately affected by marijuana prohibition. 

    She said, “Day 1, when we started to draft this bill, I told everyone the ultimate fight would be over the money and who gets it. And the last day that we come to closure and sign a bill, I will tell people the fight was over where the money went.”

    In New Jersey, Gov. Phil Murphy cancelled a vote on legalization in March when it became clear that the measure would not pass. He later issued an ultimatum to lawmakers giving them until the end of May to pass legalization, or he would expand the state’s medical marijuana program by executive order.

    Last week, he said that New Jersey may end up allowing voters to decide directly about legalizing recreational marijuana. 

    “The referendum has always been out there as an option,” he said at a press conference on Thursday (May 9). “Only one state has done this legislatively and that’s Vermont. We have felt that this is a better way to go. It takes more courage, it’s a tough vote for many, and we understand that.”

    View the original article at thefix.com

  • Screening Job Applicants For Marijuana Use Is Now Against The Law In NYC

    Screening Job Applicants For Marijuana Use Is Now Against The Law In NYC

    NYC is the first jurisdiction in the U.S. to explicitly prohibit this practice.

    Most New York City employers can no longer require a marijuana test from job applicants as a condition of employment. The new law, which the City Council “overwhelmingly” passed in April with a 40-4 vote, will take effect in May 2020.

    “If we want to be a progressive city, we have to really put these things into action,” bill sponsor and NYC public advocate Jumaane D. Williams said at the time.

    NYC is the first jurisdiction in the U.S. to explicitly prohibit this practice.

    While Mayor Bill de Blasio had said that he would sign the legislation—calling it a “healthy step” and “part of how we change our culture to be less punitive and exclusionary”—he ultimately did not sign.

    Marijuana Moment reports that it is “unclear what changed” between then and now. Regardless, the law will take effect in one year.

    The bill’s text reads: “[E]xcept as otherwise provided by law, it shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.”

    Certain occupations—“safety and security sensitive jobs”—are exempt from the rule including construction, law enforcement, child care, medical care, truck driving and aviation.

    Federal or state employees and government contractors are also exempt as they do not fall under the city’s jurisdiction. Employers may also test workers if they appear to be under the influence of marijuana at work.

    Williams, who authored the legislation, says the city will not wait for the state government to legalize marijuana for it to start reforming marijuana policies. “NYC must lead the way on this issue,” he stated.

    New York’s efforts to legalize marijuana for recreational use have lost momentum ahead of the time remaining in New York’s legislative session.

    The New York Times notes that while it is still possible for the state to “legalize it” by late June, it’s unclear whether NY lawmakers have finally come to agree on the details of the marijuana legalization initiative.

    “It’s clear that we cannot wait until legalization on the state level before moving to reduce the impact that marijuana prohibition has had on individuals and communities,” said Williams. “Testing isn’t a deterrent to using marijuana, it’s an impediment to opportunity that dates back to the Reagan era—a war on drugs measure that’s now a war on workers. We need to be creating more access points for employment, not less—and if prospective employers aren’t testing for past alcohol usage, marijuana should be no different.”

    If legalization does not happen this year, the state is planning to expand its medical marijuana program, NYT reported.

    View the original article at thefix.com

  • Illinois Governor Introduces Marijuana Legalization Bill

    Illinois Governor Introduces Marijuana Legalization Bill

    The bill would also expunge the records of people convicted of some marijuana-related offenses. 

    Illinois Governor J.B. Pritzker has introduced a measure that would legalize recreational marijuana in the state next year, including in the nation’s third-largest city, Chicago.

    “It is possible, likely that it may be available through dispensaries beginning January 1, 2020,” Pritzker said, according to ABC 7.

    According to the Associated Press, the bill would legalize recreational cannabis use for people who are 21 or older. Illinois residents would be able to possess 30 grams of marijuana (about one ounce), while non-residents could possess 15 grams (about half an ounce). Marijuana would be sold at dispensaries throughout the state.

    In addition to legalizing cannabis, the bill would also expunge the records of people convicted of some marijuana-related offenses. 

    “This bill advances equity by providing resources and second chances to people and communities that have been harmed by policies such as the failed ‘war on drugs,’” said Lt. Gov. Juliana Stratton.

    The bill would provide low-interest loans to people from communities that have been disproportionately affected by the prohibition on marijuana, or people who have had a marijuana-related offense that would be expunged under the new law and now want to start marijuana-related businesses. 

    Still, some organizations including the Illinois NAACP oppose legalization in the state, saying that it will do more harm to marginalized communities of color. 

    Kevin Sabet, founder and president of Smart Approaches to Marijuana, said, “The consequences of this bill are far-reaching and will have devastating impacts on citizens, communities and youth. Illinois lawmakers must take a smart, commonsense approach, and not welcome in another addiction-for-profit industry into the state.”

    Chicago Mayor Rahm Emanuel seemed to support legalization, albeit with reservations. 

    “Thematically, philosophically I think I support the governor but I say it also as a father of three, that you have to do it in a way that’s not encouraging a type of behavior,” he said. 

    Chicago Mayor-elect Lori Lightfoot is in favor of the bill. 

    “I think that the bill that was announced on Saturday is an important step forward, so I do support it,” she said. 

    Although Democrats control the state legislature and the bill is expected to pass, not everyone in the party is on board with legalization, said Democratic State Rep. Marty Moylan.

    “It’s important that we send a message to the state and the governor. Governor, we need more work on this. This is not a bill that we want,” Moylan said. 

    Pritzker initially said that legalizing marijuana would add $170 million in revenue to the state’s troubled budget, but later said that that number may be revised down. 

    View the original article at thefix.com

  • Mexico May Legalize Marijuana by Fall of 2019

    Mexico May Legalize Marijuana by Fall of 2019

    Polls currently show that 80% of the public in Mexico support legalization efforts.

    Mexico may join a growing list of countries with full legalized access to marijuana when lawmakers convene in May to draft a regulation bill that may take effect in late 2019.

    A key committee member of the country’s Senate Justice Committee, which has been tasked with reworking existing marijuana laws in the wake of the 2018 Supreme Court decision to strike down a ban on cannabis consumption, was quoted in a newsletter posted by the Senate that the committee will use an upcoming recess in May to finalize the bill prior to the Supreme Court’s deadline of October 2019.

    Polls currently show that 80% of the public in Mexico support legalization efforts.

    Senate Justice Committee chairman Ramon Menchaca Salazar said that his group will “take advantage of the recess period,” which takes place May 1 to May 30, to finalize legislation, and has already met with Mexico’s attorney general to discuss the proposed bill.

    “Canada already decriminalized, and marijuana is decriminalized in several states of the United States,” said former senator Olga Sanchez Cordero, who now serves as Mexico’s interior minister. “What are we thinking? We are going to try to move forward.”

    Mexico legalized medical marijuana in 2017, but broad legalization efforts were stymied until the Supreme Court decision, which was the fifth such ruling against the recreational pot ban since 2015. Five amparos, or federal injunctions, must be successfully filed before national law can be changed in Mexico, and the Supreme Court ruled on the fifth and final such effort on October 31, 2018, which declared the ban unconstitutional.

    Marijuana Moment stated that the Senate Health Commission held a hearing on marijuana law reform earlier this month, where lawmakers testified about the realities of regulating such a market. Among the benefits cited were improvements to public health through improvements to production and distribution of cannabis. Regulation could also help curb the violence which, according to legalization supporters, claimed more than 230,000 lives in the country’s fight against drug cartels.

    Maria McFarland Sanchez-Moreno, who serves as executive director of the Drug Policy Alliance, issued a press release which stated that “Mexico will demonstrate regional leadership and take an important step towards reforming the misguided policies that have caused such devastating harm in recent decades.”

    As the Motley Fool noted, legalization in Mexico could make the country the largest marijuana market in the world. Population numbers currently hover around 132 million – more than triple that of Canada, which in 2018, reported that one in six adults used marijuana.

    The Motley Fool also noted that if a similar number of adults in Mexico bought legal cannabis, the country could not only pass sales figures in Canada but also California, the fifth largest economy in the world.

    View the original article at thefix.com