Thursday, January 19, 2017
Two notable new pieces from two notable marijuana reform states (co-authored by two notable former students who took my OSU College of Law marijuana seminar)
One of many reasons I have been bullish on teaching marijuana reform at The Ohio State University Moritz College of Law is because I view the new marijuana reform universe to be a particularly exciting potential "growth industry" for junior lawyers. For that reason (and others), I was so very pleased to see this week the publication of these two (very different) pieces discussing marijuana reform developments in two (very different) states that were both co-authored by students who took my marijuana reform class. Here are links to the pieces and their starting paragraphs:
From California here, "Reclassifying Marijuana Convictions on Your Criminal Record Under California's New Proposition 64," a piece co-authored by Cat Packer, who is now a policy coordinator at the Drug Policy Alliance based in California.
On November 8, 2016, Californians took a major step towards ending the war on drugs and repairing some of the damage inflicted on people’s lives by marijuana prohibition, by passing Proposition 64, the Adult Use of Marijuana Act. Although, the most serious marijuana-related crimes such as providing marijuana to minors, or attempting to smuggle marijuana across state lines remain felonies, under Prop. 64, most marijuana-related misdemeanors and felonies have been reduced or altogether eliminated. These sweeping reductions in criminal penalties are retroactive, meaning past convictions for marijuana offenses reduced or eliminated under Prop. 64 can be reclassified on a criminal record with the courts for free.
From Pennsylvania here, "Medical Marijuana Comes to Pennsylvania: What to Expect As the Keystone State Rolls Out its New Medical Marijuana Program," a piece co-authored by Kelly M. Flanigan, an Associate at K&L Gates
A lack of consensus regarding both medical and recreational marijuana has sparked intense debate across the country. Combined with federal law prohibitions, the state-by-state mosaic creates a dynamic legal landscape. Marijuana remains illegal federally and retains its classification as a Schedule I drug under the Controlled Substances Act. However, 26 states and the District of Columbia have enacted state laws legalizing marijuana in some form. On April 17, 2016, Pennsylvania joined other states that have recognized some medical use for marijuana when Governor Tom Wolf signed the Medical Marijuana Act (“Act 16”) into law.
The Pennsylvania Department of Health (“DOH”) is charged with implementing Act 16, and it promptly developed the medical marijuana program. The DOH has been rolling out temporary regulations (three sets so far) and it anticipates that medical marijuana will become available in Pennsylvania in early 2018. The first critical date for those interested in becoming a medical marijuana organization is January 17, 2017, when the DOH releases its applications for grower/processors and dispensaries through its website.