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Tag: marijuana legalization

  • Legal Risks Prevent New Moms From Getting Reliable Info About Cannabis Use

    Legal Risks Prevent New Moms From Getting Reliable Info About Cannabis Use

    The possibility of legal repercussions stop women who are pregnant or breastfeeding from starting a dialogue about marijuana use with their health care providers. 

    Pregnant women are finding it hard to get reliable information about the safety of cannabis use during pregnancy, in part because of very limited research on the subject, and in part because bringing it up with health care providers could trigger legal interventions. 

    Speaking with Weedmaps, Dr. Thomas Hale, the acting executive director of the InfantRisk Center, said that he hears from thousands of women who want to better understand the risks of cannabis use while pregnant or breastfeeding.

    “None of us will admit that it’s safe because we just don’t know,” said Hale.

    Some studies have connected marijuana use with brain changes in infants, while others have indicated that some THC (the active ingredient in marijuana) passes to an infant through breast milk. However, the studies are not definitive, in part because it’s difficult to study marijuana due to its Schedule I status. 

    The same status makes it difficult for many women to discuss marijuana use candidly with their health care providers. That’s why many parents turn to InfantRisk, where they can call in anonymously to get information, Hale said.

    “A pharmacist like myself or my colleague obstetrician, if we know a mom is using or encounter a mom that’s using a drug in pregnancy or during breastfeeding, in most states it is what we call a reportable offense. You’re supposed to report it.”

    This could cause providers and patients to take a “don’t ask, don’t tell” approach to cannabis use. However, this is dangerous in and of itself. A new study published in Preventive Medicine found that many women interpret their providers’ silence about marijuana as an indication that the drug isn’t dangerous during pregnancy. 

    “Some stated not receiving adequate information about the risk of cannabis use or how to quit from the providers, even when they actively sought support,” the study authors wrote. “Some women perceived that not communicating and addressing cannabis health risk during pregnancy by the maternity care providers or social workers, or not having specific counseling provided, might indicate that cannabis does not represent a significant concern for the outcome of their pregnancy.”

    This is particularly concerning because marijuana use during pregnancy is rising, and cannabis is the most frequently used drug among pregnant women. 

    Overall, it’s important for women to be able to safely discuss marijuana use with their doctors. 

    “A lack of communication with health care providers regarding the health aspects of cannabis was evident,” study authors wrote. “A discussion about health concerns surrounding cannabis use may influence women’s perceptions of risk and help them to make informed choices.” 

    View the original article at thefix.com

  • Positive Drug Tests At Work Continue To Rise

    Positive Drug Tests At Work Continue To Rise

    Marijuana is the substance most often detected in workplace drug screenings, according to a new study.

    More and more employees are testing positive for drugs in workplace screenings, an increase that is concerning for some employers and safety specialists. 

    According to a study by Quest Diagnostics, positive drugs tests have increased significantly in a two-year period between 2015 and 2017. Marijuana is the substance most often detected in workplace drug screenings, and analysis found that it was detected 33% more often in 2017 than in 2015. That jump may be expected, as more states make cannabis legal for recreational and medicinal use. 

    However, it’s alarming that the industry with the most significant increase was transportation and warehousing. In this industry, people often operate heavy machinery, and being intoxicated could put them at risk for accidents, human resources expert Rob Wilson, president of Employco USA, told WXYZ Detroit. 

    “Test results showed that there was a double-digit jump of marijuana use in transportation and warehouse fields, which could be very problematic as operating heavy machinery while under the influence of marijuana could be very dangerous indeed,” he said.

    Despite the fact that more states are legalizing cannabis, employees could still put their jobs at risk by using it. Whether or not medical use of cannabis is protected is the subject of many legal battles, but Wilson said that employers can treat cannabis like other legal substances: employees can use them, but not at work. 

    “While it is against the law to discriminate against someone simply because they have a medical marijuana card, as this could be seen as discrimination against someone with a disability, you can still require sobriety among your employees and treat marijuana the same way you would alcohol or prescription drugs like Vicodin. Whether an employee is driving heavy machinery or approving loans, you need your workers to be clear-headed and capable of performing at a high level,” he said. 

    However, this can complicate drug testing because the tests usually just show whether a substance is in someone’s system, without indicating the level, which is needed to know whether someone is currently under the influence of marijuana. 

    In addition, employers could face pushback for testing employees, Wilson said. 

    “Your ability to monitor drug use among your employees is going to depend on whether or not you are a unionized or private workplace,” he explained. “While you have the right to expect and require sobriety from workers on the job, it can become a bit tricky when you suspect drug use and want to act on your fears.”

    In addition to marijuana, more people also tested positive for cocaine and amphetamines, suggesting that the rise in positive tests can’t be wholly explained by cannabis legalization. 

    View the original article at thefix.com

  • Will Florida Repeal Its Ban On Marijuana Smoking?

    Will Florida Repeal Its Ban On Marijuana Smoking?

    Florida’s newly elected governor says the ban was not “up to snuff.” 

    Newly elected Florida Governor Ron DeSantis has asked his state’s legislature to drop a ban on smoking marijuana.

    DeSantis, a Republican, announced his decision at a press conference on January 17, where he said the ban was not “up to snuff,” and doubled down on his decision by stating that if lawmakers don’t implement the change by mid-March, he’ll drop former governor Rick Scott’s appeal of a judge’s ruling which prohibited the ban because it violated the state’s amendment to legalize medical cannabis. 

    Amendment 2 was intended to legalize the use of medical marijuana for individuals living with a variety of debilitating conditions or ailments with the approval of a licensed state physician. Though 71% of voters approved the bill in 2016, the state legislature did not implement Amendment 2 in 2017, prompting Scott to call for a special session in the summer of that year to address its implementation.

    The Florida State Legislature then passed Senate Bill 8A, which established regulations for the amendment. These included a cap on the number of retail dispensaries, as well as a ban on smoking medical marijuana—though cannabis in spray, oil or vapor form was allowed.

    Orlando attorney John Morgan filed a lawsuit to challenge the smoking ban, which a Leon County circuit court judge ruled in favor of in May 2018. The Florida Health Department appealed the ruling, which is the subject of DeSantis’ request.

    “What the Florida legislature has done to implement the people’s will has not been done in accordance with what the amendment advised,” said DeSantis at the January 17 announcement. “Whether patients have to smoke it or not, who am I to judge that? I want people to be able to having their suffering relieved. I don’t think this law is up to snuff.”

    DeSantis also plans to remove regulations and drop appeals in several other cases involving licensing for medical marijuana companies to grow, manufacture and sell their own product. 

    “We have a lot of fish to fry in Florida,” he said. “The last thing I want to be doing is cleaning up something that should have been done two years ago. I don’t want to continue fighting some of these old battles.”

    In an interview after the press conference, John Morgan called the governor’s decision a “victory for the people of Florida. This plant was put into nature by God for us, and it works.”

    View the original article at thefix.com

  • Cannabis Reform May Be Right Around The Corner

    Cannabis Reform May Be Right Around The Corner

    “It would not be shocking to see the end of federal marijuana prohibition signed into law this year,” said Tom Angell, a marijuana reform advocate.

    The influx of new members in the U.S. House of Representatives and the ousting of certain key anti-marijuana figures from the federal government could herald the approach of a “green tide,” according to a recent report released by Politico.

    Along with the many Democrats who claimed seats in the House, new governors from both parties appear to be significantly more cannabis-friendly as well, as more states legalize medical and recreational marijuana.

    The departure of U.S. Attorney General Jeff Sessions could also pave the way to federal legalization, or at least a change from marijuana’s current status as a Schedule I substance—a federal designation reserved for the most dangerous substances including heroin. 

    Although the attorney general was seen as a serious obstacle to pro-cannabis legislation, Smoke Wallin, president of the cannabis company Vertical, was much more concerned about U.S. Representative Pete Sessions.

    This past November, Rep. Sessions lost his bid for re-election. As chairman of the House Rules Committee, he was active in blocking any legislation involving cannabis from reaching the House floor.

    With Rep. Sessions gone, cannabis experts are expecting that the backlog of bills will soon be addressed, and members of Congress are reportedly “lining up” to file new pro-cannabis bills.

    Steve Cohen (D-Tenn.) and Don Young (R-Alaska) have reintroduced the CARERS Act, which would “expand marijuana research, allow VA doctors to discuss pot with veteran patients and prevent the federal government from meddling with state-legal programs,” Politico reports. However, the bill would keep the Schedule I designation for cannabis.

    The appropriately-named HR 420, also known as the Regulate Marijuana like Alcohol Act, would “de-schedule” marijuana so that it is no longer treated as a dangerous substance and allow it to be regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

    With the Senate still under Republican control, led by Senator Mitch McConnell, who has been hesitant to support pro-cannabis legislation in the past, it may remain difficult to make change through the Senate. However, experts are encouraged by the recent legalization of hemp through the 2018 Farm Bill.

    “It would not be shocking to see the end of federal marijuana prohibition signed into law this year,” said Tom Angell of Marijuana Moment. “This is the first time that actually seems achievable.”

    View the original article at thefix.com

  • CBS Rejects Medical Marijuana Super Bowl Ad

    CBS Rejects Medical Marijuana Super Bowl Ad

    “It’s a public service announcement really more than it is an advertisement,” said the medical marijuana company’s head of marketing.

    Ahead of this year’s Super Bowl LIII, there’s one industry that’s been shut out of advertising during the big game—medical marijuana. 

    The Super Bowl ad would have been fairly tame, introducing three people who have benefitted from medical marijuana and urging viewers to call their representatives to request changes to cannabis laws. CBS, however, wasn’t having it.  

    “CBS will not be accepting any ads for medical marijuana at this time,” the network told Acreage Holdings, an investment company that’s established in the cannabis industry, according to USA Today. 

    Although medical marijuana programs are legal in 33 states and Washington, D.C., cannabis remains a Schedule I substance that is banned by federal law as well as the rules governing the National Football League. The president of Acreage admitted he wasn’t shocked that the ad was rejected. 

    “We’re not particularly surprised that CBS and/or the NFL rejected the content,” said George Allen, president of Acreage. “And that is actually less a statement about them and more we think a statement about where we stand right now in this country.”

    Acreage has operations in at least 15 states and has high-profile former politicians on its board of advisors, including former Speaker of the U.S. House of Representatives John Boehner and former Governor of Massachusetts Bill Weld. Allen said the company is accustomed to navigating inconsistent laws—and attitudes—regarding marijuana. 

    Allen said, “One of the hardest parts about this business is the ambiguity that we operate within. We do the best we can to navigate a complex fabric of state and federal policy, much of which conflicts.”

    The ad—which would have cost Acreage $5.2 million for a 30-second spot—was focused more on advocacy than on sales, said the company’s chief marketing officer. 

    “It’s a public service announcement really more than it is an advertisement,” said Harris Damashek. “We’re not marketing any of our products or retail in this spot.”

    The ad featured three people: a military veteran who used marijuana to cope with pain, a man who was on opioids for 15 years before switching to cannabis, and the mother of a child with a seizure disorder who said that medical marijuana saved her son’s life. 

    Then the words “The time is now” appear, and viewers are urged to call their representatives in Congress. 

    Allen said, “Look, from my third-grade government class, we live in a representative democracy. In theory, our elected officials are supposed to support legislative action that is in keeping with the will of the people.”

    Damashek plans to release the ad online eventually. 

    “It’s not quite ready yet, but we anticipate and look forward to getting the message out far and wide.”

    View the original article at thefix.com

  • Confusing Law Led to Marijuana Arrests In California

    Confusing Law Led to Marijuana Arrests In California

    A recent high-profile stop has led to a lawsuit by two former highway patrol officers who now operate a cannabis transportation business. 

    Recreational cannabis may be legal in California, but complex laws in the state mean officers are still regularly pulling people over and seizing marijuana. In fact, in 2018, California Highway Patrol officers seized more cannabis than they had any other year since 2014. 

    According to The Sacramento Bee, a recent high-profile stop has led to a lawsuit by two former highway patrol officers who now operate a cannabis transportation business, Wild Rivers Transport. Rick Barry, 48, and Brian Clemann, 47, were stopped and their car was searched after a canine indicated the scent of marijuana. Although the two didn’t have cannabis in the car, they did have $257,000 in cash, which officers took and turned over to the Department of Homeland Security. 

    Now Barry and Clemann are suing the highway patrol, hoping a judge will rule that local and state law enforcement can’t interfere in the legal transport of marijuana. 

    “It appears the [California Highway Patrol] will stop at nothing to disrupt the lawful and legal transport of items involved in the medicinal cannabis industry,” they said in a press release. “Although all our invoices, licenses, and required paperwork were in order, the [California Highway Patrol] spent several hours trying to come up with charges for our lawful activity.”

    In California, the Bureau of Cannabis Control announced Jan. 16 that marijuana deliveries and transports can take cannabis anywhere in the state, “provided that such delivery is conducted in compliance with all delivery provisions of this division.”

    The specifics of California’s marijuana laws — which have the potential to influence a massive industry — have taken time to work out. 

    “These approved regulations are the culmination of more than two years of hard work by California’s cannabis licensing authorities,” Bureau Chief Lori Ajax said in a press release. “Public feedback was invaluable in helping us develop clear regulations for cannabis businesses and ensuring public safety.”

    Law enforcement was not pleased with the decision, according to David Swing, president of the California Police Chiefs Association.

    “We are deeply concerned with the adoption of the new cannabis regulations, which allow for the delivery of cannabis anywhere in the state. We are already having trouble enforcing a new and complex industry, and this allowance will only make enforcement even more difficult,” he said.

    A spokesperson for the California Highway Patrol said that agencies need to be able to stop black-market transports. 

    “In order to legally transport cannabis in California for commercial purposes, a person must possess the appropriate (Bureau of Cannabis Control) license and comply with the [Bureau of Cannabis Control] administrative regulations,” the spokesperson said.

    View the original article at thefix.com

  • Vermont's Top Court: Smelling "Burnt" Pot Not Valid Excuse For Search

    Vermont's Top Court: Smelling "Burnt" Pot Not Valid Excuse For Search

    The Vermont Supreme Court’s ruling will prevent future rulings against motorists for similar reasons.

    A Vermont resident won his case against police who seized his vehicle after smelling “burnt cannabis” when the state’s Supreme Court ruled that the odor of marijuana does not constitute a valid reason to conduct a search.

    The Vermont Supreme Court ruled in favor of the American Civil Liberties Union (ACLU), which sued the state over a 2014 incident in which state police pulled over Gregory Zullo for a registration sticker issue and then seized his car without his consent after detecting the scent of burnt marijuana.

    As High Times noted, the Supreme Court’s ruling will prevent future rulings against motorists for similar reasons, though Vermont drivers can still face search and seizure if a smell of fresh marijuana is detected.

    Zullo was pulled over while driving in 2014 by state trooper Lewish Hatch, who claimed that snow was covering Zullo’s vehicle registration sticker. The trooper stated that a smell of “burnt cannabis” prompted him to request a search of Zullo’s car; though Zullo refused, police towed and searched the car and found a glass pipe with cannabis residue.

    Though Vermont law does not deem the paraphernalia a criminal or civil offense, Zullo’s car was impounded. 

    The Vermont chapter of the ACLU union took up Zullo’s case and filed suit against the state of Vermont for violation of his rights against unlawful search and seizure.

    The ACLU also alleged that Zullo, an African-American, had been stopped due to racial profiling – an issue that had been alleged in regard to Hatch, who lost his job in 2016, on several prior occasions.

    After hearing both the ACLU and state attorneys’ arguments, the Vermont Supreme Court ruled in Zullo’s favor. Associate Justice Harold E. Eaton Jr. wrote in a 50-page ruling that an “odor of marijuana is a factor, but not necessarily a determinative factor, as to whether probable cause exists.” Justice Eaton Jr. also noted that a smell of burnt cannabis would be “far less” indicative of the presence of marijuana than the potent smell of fresh marijuana. 

    The Supreme Court also ruled that the incident allowed for Zullo to pursue damages based on violation of his civil rights. Zullo has not indicated whether he intends to pursue civil action against the state of Vermont, but as High Times noted, the most positive aspect of the ruling is that it makes a clear case for preventing the scent of burnt marijuana as probable cause for a search.

    However, the scent of fresh cannabis and driving under the influence of cannabis, in the state of Vermont, remain cause for search, seizure and possible arrest.

    View the original article at thefix.com

  • Attorney General Nom William Barr Says He Won’t Go After Legal Pot

    Attorney General Nom William Barr Says He Won’t Go After Legal Pot

    Despite the fact that Barr would respect state laws in regards to marijuana, some drug policy advocates argued that he should not be made attorney general.

    As the Senate conducted confirmation hearings with President Trump’s nominee for attorney general, most questions were focused on how William Barr would steer investigations into possible collusion between the administration and Russia.

    However, during the confirmation hearings, Barr discussed the need for changing marijuana laws and said that he would not go after states that allow the legal sale of cannabis, a marked change in policy from that of previous Attorney General Jeff Sessions. 

    “I’m not going to go after companies that have relied on the Cole memoranda,” Barr said during the hearings, according to Rolling Stone. “My approach to this would be not to upset settled expectations.”

    The Cole Memorandum was signed in 2013 under President Obama. In it, United States Deputy Attorney General James M. Cole directed federal attorneys not to prosecute marijuana crimes in states that had legalized use. In essence, the memo meant that the federal ban on marijuana would not be enforced in states that had laws legalizing cannabis. However, the memo was rescinded last year by Sessions, who took a hardline stance on cannabis and wanted to stop recreational use in the states. 

    During his hearing, Barr said that it is time for the country to have a more consistent marijuana policy. 

    “I think the current situation is untenable,” he said. It’s almost like a “backdoor nullification of federal law. . . . We should either have a federal law that prohibits marijuana, everywhere, which I would support, myself. . . . If we want states to have their own laws, then let’s get there. And lets get there the right way.”

    Despite the fact that Barr would respect state laws in regards to marijuana, some drug policy advocates argued that he should not be made attorney general. Barr, in the past, has made statements against criminal justice reform and in favor of mandatory minimums that can hurt people with substance use disorder, the Drug Policy Alliance said in a press release. 

    “Trump is appointing someone who has long been a cheerleader for mass incarceration and the war on drugs. It shows the Administration’s true colors and undermines any recent criminal justice reforms,” Michael Collins, director of national affairs for the Drug Policy Alliance, said. “Senators from both parties should take Barr to task for his appalling views on drug policy and criminal justice, instead of giving him an easy ride like they did with Jeff Sessions.”  

    During the hearings, Barr did acknowledge that strict enforcement of policies, like those he previously supported, “harmed the black community,” according to USA Today. 

    No matter what the outcome of the confirmation hearings, it seems likely that Barr’s policy on drug enforcement and cannabis will be overshadowed by his perspectives on the Mueller investigation, however. 

    View the original article at thefix.com

  • NYPD Gears Up To Address Pot Legalization Downside

    NYPD Gears Up To Address Pot Legalization Downside

    The city’s police commissioner is sending NYPD officials to other pot-legal states to gauge what the city is in for when marijuana becomes legal.  

    The New York Police Department is gearing up for the effects of legal marijuana without knowing exactly what those effects will be. The top of the NYPD chain has some specific concerns for the future of pot in New York: underage consumption and dangerous marijuana grow houses.

    As reported in The New York Post, NYPD Commissioner James O’Neill told radio host John Catsimatidis’ AM 970 show, The Cats Roundtable, “We have to make sure that we’re able to address people that are under 21 that are using marijuana to make sure there are sanctions for that and also to keep young people safe.”

    Colorado has made pot smoking legal, and data from possible changes in use is beginning to be compiled and distributed. The CDPHE Behavioral Risk Factor Surveillance System survey reported that underage marijuana use did not increase after pot was made legal. However, Colorado kids felt their peers were using much more marijuana than before the law passed.

    Commissioner O’Neill is taking the reigns in investigating the possible ramifications for legal pot in New York. “I’m concerned about the gray and the black markets for marijuana,” O’Neill said. “We sent people from the NYPD out to Colorado and Washington and [California] to take a look at what’s happening out there.”

    Governor Cuomo has said he still has questions and concerns about legalizing marijuana for recreational use. Cuomo is putting his trust in the process of working with a panel of experts, including law enforcement and health officials who have determined that legalization can be safe for the city. Governor Cuomo’s position on legalized pot has been colored by watching the neighboring states of Massachusetts and New Jersey legalize marijuana or begin the process.

    O’Neill remains concerned. “There’s a proposal out there that people are going to be able to grow their own marijuana in their houses,” he said. “We really really have to get this right.”

    O’Neill noted the 2016 explosion of a marijuana grow house in the Bronx that killed a fire chief when he was hit in the head with debris from the explosion. Commissioner O’Neill cited this house fire and subsequent death as a factor “that makes people unsafe.”

    O’Neill also worried about the need to retire marijuana-trained drug dogs and the concurrent difficulty of detecting THC among stoned drivers. “I’m concerned about driving while under the influence of marijuana,” the New York Post reported the commissioner saying. “Right now there is no instant test.”

    View the original article at thefix.com

  • Kamala Harris Pushes For Marijuana Legalization In New Book

    Kamala Harris Pushes For Marijuana Legalization In New Book

    The California senator discusses her stance on prohibition, de-scheduling and the need for the war on drugs to be dismantled in her new book.

    More and more democratic politicians are getting on board with marijuana legalization, according to Forbes. 

    Sen. Kamala Harris (D-CA) is one of them, as she discusses the topic in her new book, The Truths We Hold: An American Journey.

    “Something else it’s past time we get done is dismantling the failed war on drugs—starting with legalizing marijuana,” Harris writes in the book. 

    “We need to legalize marijuana and regulate it,” she adds. “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.”

    Though she is for marijuana legalization, Harris says that legalization should be done with caution. Because of the Schedule I status of the drug, she states, there has not been enough research on the effects. She also states that some solution needs to be put in place when it comes to driving under the influence of marijuana.

    Harris also touches on other drugs as a whole, writing, “”We also need to stop treating drug addiction like a public safety crisis instead of what it is: a public health crisis.” 

    “When someone is suffering from addiction, their situation is made worse, not better, by involvement in the criminal justice system,” she adds.

    Despite her support now, Harris has not always been supportive of marijuana legalization. According to Forbes, Harris laughed during a 2014 interview when a journalist raised a question about legalization.

    Two years later, in 2016, she also refused to support California’s cannabis legalization ballot measure. 

    However, with a possible presidential run on the horizon, Harris has gotten behind legalization. In May 2018, according to Forbes, Harris agreed to co-sponsor a bill that would remove marijuana from the Controlled Substances Act as well as withhold federal funding from states with “discriminatory cannabis enforcement.”

    “Right now in this country people are being arrested, being prosecuted, and end up spending time in jail or prison all because of their use of a drug that otherwise should be considered legal,” she said at that point.

    According to The Washington Examiner, at that time she also added that race plays a role when it comes to consequences of marijuana use.

    “It’s the smart thing to do. It’s the right thing to do. And I know this as a former prosecutor. I know it as a senator,” Harris said. “The fact is marijuana laws are not applied and enforced the same way for all people. African-Americans use marijuana at roughly the same rate as whites, but are approximately four times more likely to be arrested for possession. That’s just not fair.”

    View the original article at thefix.com