Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, February 8, 2019

Notable new lobbying group, National Cannabis Roundtable, to be chaired by former US House Speaker John Boehner

LogoWhen Acreage Holdings last year announced that former Speaker of the US House of Representatives John Boehner was now on its board of advisors, I was unsure whether Boehner was really interested in being a serious advocate for marijuana reform or was mostly to be a high-profile figurehead in this space. But in November, as noted here, Boehner penned a Wall Street Journal commentary headlined "Washington Needs to Legalize Cannabis." And today comes news that John Boehner is to be the Chair of a new industry lobbying ground calling itself the National Cannabis Roundtable.

This new local press piece and this National Cannabis Roundtable website is all I can find about this new group right now, but the press piece provides a flavor of the group's commitments:

The former lawmaker will also serve as an advisor, not a registered lobbyist, for the roundtable, Boehner said during a phone call with reporters Friday. Boehner said the roundtable will promote changes to federal law that make it easier to research cannabis and for regulated cannabis businesses to operate. Federally, marijuana is an illegal Schedule 1 controlled substance, alongside heroin and LSD, is not a top priority for the group....

But Boehner said removing cannabis from Schedule I of the U.S. Controlled Substances Act is not the group's top priority. "It would clearly be a big goal, but I think there are other steps that need to be taken along the way before we get to that," he said....

Boehner said the roundtable's members represent every aspect of the cannabis supply chain, including growers, processors, retailers, wellness centers, investors, entrepreneurs, and publicly traded companies.

The National Cannabis Roundtable website has the following sentences under the heading "Our Mission"

The legal cannabis boom promises to contribute billions of dollars to the US economy over the next decade - creating jobs, advancing new health science and adding momentum to criminal justice reform.

The National Cannabis Roundtable promotes common sense federal regulation, tax equality and financial services reform and supports changing federal law to acknowledge states’ rights to regulate and manage cannabis policy.

I like the reference to "adding momentum to criminal justice reform" in the first sentence, though the second sentence and other factors leads me to suspect that National Cannabis Roundtable will not have criminal justice reform as a focal point of its work.

Prior related posts:

February 8, 2019 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, February 7, 2019

More on the forces that have shaped views on marijuana

Download (6)In this post last month, I blogged  this interesting new paper, titled ""How and why have attitudes about cannabis legalization changed so much?", which was recently published in Social Science Research and was authored by Jacob Felson, Amy Adamczyk and Christopher Thomas. I am not pleased to see that the authors of this research have this new piece at The Conversation under the headline "Why do so many Americans now support legalizing marijuana?". Here are excerpts (with links from the original) from this reader-friendly account of their interesting research:

American views on marijuana have shifted incredibly rapidly. Thirty years ago, marijuana legalization seemed like a lost cause. In 1988, only 24 percent of Americans supported legalization.

But steadily, the nation began to liberalize. By 2018, 66 percent of U.S. residents offered their approval, transforming marijuana legalization from a libertarian fantasy into a mainstream cause. Many state laws have changed as well. Over the last quarter-century, 10 states have legalized recreational marijuana, while 22 states have legalized medical marijuana.

So why has public opinion changed dramatically in favor of legalization? In a study published this February, we examined a range of possible reasons, finding that the media likely had the greatest influence....

What has likely made the biggest difference is how the media has portrayed marijuana. Support for legalization began to increase shortly after the news media began to frame marijuana as a medical issue....

In the 1980s, the vast majority of New York Times stories about marijuana were about drug trafficking and abuse or other Schedule I drugs. At that time, The New York Times was more likely to lump marijuana together in a kind of unholy trinity with cocaine and heroin in discussions about drug smuggling, drug dealers and the like.

During the 1990s, stories discussing marijuana in criminal terms became less prevalent. Meanwhile, the number of articles discussing the medical uses of marijuana slowly increased. By the late 1990s, marijuana was rarely discussed in the context of drug trafficking and drug abuse. And marijuana had lost its association with other Schedule I drugs like cocaine and heroin in the New York Times. Gradually, the stereotypical persona of the marijuana user shifted from the stoned slacker wanting to get high to the aging boomer seeking pain relief....

As Americans became more supportive of marijuana legalization, they also increasingly told survey researchers that the criminal justice system was too harsh.

In the late 1980s, the “war on drugs” and sentencing reform laws put a large number of young men, often black and Latino, behind bars for lengthy periods of time. As Americans started to feel the full social and economic effects of tough-on-crime initiatives, they reconsidered the problems with criminalizing marijuana.

Because support for the legalization of marijuana and concerns about the harshness of the criminal justice system changed at about the same time, it’s difficult to know what came first. Did concern about the harshness of the criminal justice system affect support for legalization – or vice versa?

By contrast, the cause and effect is clearer with respect to the media framing of marijuana. The news media’s portrayal of marijuana began to change shortly before the public did, suggesting that the media influenced support for the legalization of marijuana.

Prior related post:

"How and why have attitudes about cannabis legalization changed so much?"

February 7, 2019 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (3)

Tuesday, January 29, 2019

Baltimore State’s Attorney says no more prosecutions of marijuana possession offenses

1548786086089As reported in this local article, "Baltimore State’s Attorney Marilyn Mosby announced Tuesday her office would cease prosecuting people for possessing marijuana regardless of quantity or criminal history." Here is more:

Calling the move monumental for justice in Baltimore, Mosby also requested the courts vacate convictions in nearly 5,000 cases of marijuana possession. “When I ask myself: Is the enforcement and prosecution of marijuana possession making us safer as a city?” Mosby said, “the answer is emphatically ‘no.’”

Mosby follows district attorneys in Manhattan and Philadelphia who have scaled back or outright ended marijuana prosecutions. Maryland lawmakers decriminalized possession of up to 10 grams of marijuana in 2014.

But she also stood alone, politically: No police and no other city officials joined her at the announcement. Hours later, Mayor Catherine Pugh announced her support for Mosby’s plan.

Mosby aims to formalize marijuana policies already in practice. A report released Tuesday by her office shows city prosecutors dropped 88 percent of marijuana possession cases in Baltimore District Court since 2014 — 1,001 cases. [This report is available at this link.]

Still, convictions have saddled thousands in Baltimore with criminal records and frustrated their job searches, Mosby said. The marijuana arrests have disproportionately affected minority neighborhoods in Baltimore. Nationwide, African-Americans are four times more likely than whites to be arrested for possessing marijuana. The ratio jumps to six times more likely in Baltimore, prosecutors wrote in the report.

Such arrests squander scarce police resources, Mosby said, noting 343 people were killed in Baltimore in 2017. Police closed nearly one-third of those cases. Last year, 309 people were killed and police closed closer to one-quarter. “No one,” Mosby said, “thinks spending resources to jail people for marijuana is a good use of our limited time and resources.”

But it remains unclear how the policy will play out in the streets. Mosby made her announcement at the nonprofit Center for Urban Families in West Baltimore while surrounded by her staff, marijuana advocates and neighborhood activists. Police leaders weren’t there....

The department is run by a former agent of the Drug Enforcement Administration, Gary Tuggle; he is interim commissioner. He said his officers wouldn’t quit arresting people for possessing marijuana. “Baltimore Police will continue to make arrests for illegal marijuana possession unless and until the state legislature changes the law regarding marijuana possession,” he said in a statement....

Police leaders have long said they are focused on violent crime and marijuana arrests aren’t a priority. But officers routinely use marijuana as reason to search the pockets or car of someone suspected in more serious crimes....

Mosby has pledged to continue to prosecute anyone suspected of selling marijuana. She said her office would take cases to court when police find evidence of drug sales, such as baggies and scales....

In nearby Baltimore County, State’s Attorney Scott Shellenberger said he had no plans to quit prosecuting marijuana cases. Most first-time offenders are placed in a treatment program in the county, he said.

Mosby also urged state legislators to support a bill that would empower her office to vacate criminal convictions in everything from corrupt cop cases to marijuana prosecutions. The current procedures require action from both prosecutors and defense attorneys to vacate a conviction.

On Tuesday, prosecutors filed papers for marijuana cases dating back to 2011 to be vacated — about 1,000 in Circuit Court and nearly 3,800 in District Court. Judges would rule on the requests.

The press release, titled "Baltimore State’s Attorney Marilyn Mosby To Stop Prosecuting Marijuana Cases, Says Prosecutions Provide No Public Safety Value And Undermine Public Trust In Law Enforcement," discusses the essentials of the policy announced by Baltimore State’s Attorney Marilyn Mosby,

January 29, 2019 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Who decides | Permalink | Comments (0)

AG-nominee Bill Barr reiterates (with nuance) commitment to non-enforcement of federal marijuana prohibition in reform states

AG-Candidate-William-Barr-Just-Stated-His-Position-on-Marijuana__FocusFillWzExNzAsNjU4LCJ5Iiw2MV0Tom Angell has this effective Forbes report, headlined "Trump Attorney General Pick Puts Marijuana Enforcement Pledge In Writing," spotlighting that the next US Attorney General has made clear his inherent commitment to respecting state-level marijuana reforms. Here are the details:

William Barr, President Trump's nominee to serve as the next U.S. attorney general, made headlines earlier this month when he pledged during his Senate confirmation hearing not to "go after" marijuana companies that comply with state laws.

Now, in response to written questions from senators, Barr is putting that pledge on paper, in black and white. He's also calling for the approval of more legal growers of marijuana for research, and is acknowledging that a recent bill legalizing hemp has broad implications for sale of cannabis products.

"As discussed at my hearing, I do not intend to go after parties who have complied with state law in reliance on the Cole Memorandum," he wrote, referring to Obama-era cannabis enforcement guidance that then-Attorney General Jeff Sessions rescinded last year.

That said, Barr isn't committing to formally replacing the Cole Memo, which generally directed federal prosecutors not to interfere with state marijuana laws, with new guidance reiterating the approach. "I have not closely considered or determined whether further administrative guidance would be appropriate following the Cole Memorandum and the January 2018 memorandum from Attorney General Sessions, or what such guidance might look like," he wrote in response to a question from Sen. Cory Booker (D-NJ). "If confirmed, I will give the matter careful consideration."

And Barr, who previously served as attorney general under President George H. W. Bush, says it would be even better if Congress got around to addressing the growing gap between state and federal marijuana laws. "I still believe that the legislative process, rather than administrative guidance, is ultimately the right way to resolve whether and how to legalize marijuana," he wrote in a compilation of responses delivered to the Senate Judiciary Committee on Sunday.

But even as Barr reiterated that he wouldn't go after people and businesses that benefited from the Cole memo, he voiced criticism of policy directives like it and of the idea of legalization in general. "An approach based solely on executive discretion fails to provide the certainty and predictability that regulated parties deserve and threatens to undermine the rule of law," Barr wrote in response to a question from Sen. Dianne Feinstein (D-CA). "If confirmed, I can commit to working with the Committee and the rest of Congress on these issues, including any specific legislative proposals. As I have said, however, I do not support the wholesale legalization of marijuana."

Nonetheless, legalization advocates were happy to see the nominee reiterating his non-enforcement pledge when it comes to state-legal businesses. "It’s positive to see Barr make the same commitments on marijuana enforcement in writing as he did in the hearings," Michael Collins, director of national affairs for the Drug Policy Alliance, said. "My hope is that he sends this message to all federal prosecutors so that states are given space to reform their outdated, broken, racist marijuana laws, and the country can turn the page on prohibition."

January 29, 2019 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, December 24, 2018

Effective accounting of Top 5 marijuana reform developments in 2018 (with a couple extra added for emphasis)

German Lopez has this effective Vox piece serving as a kind of marijuana reform year in review under the headlined "5 moments that show 2018 was marijuana legalization’s biggest year yet: From Canada to Michigan to California, marijuana legalization had a very big year." Here are excerpts from the start of the piece with his top 5 listing as it appears therein:

When we look back, 2018 may be the year in which marijuana legalization really won.

Canada legalized marijuana, defying international treaties (which the US is also a part of) that prohibit fully legalizing cannabis.

After legalizing marijuana in 2016, California opened the world’s biggest fully legal pot market in early 2018.

Michigan became the first state to legalize pot in the Midwest.

State legislatures, particularly New York, New Jersey, and Vermont, began taking legalization more seriously. And while Congress didn’t legalize pot at the federal level, it did legalize industrial hemp.

Together, these developments represented a tidal wave for legalization — a massive shift that’s making legal pot look more and more inevitable across the country.

Here are the five major stories of marijuana legalization this year, and why they matter.

1) Canada legalized marijuana...

2) California opened the world’s biggest legal marijuana market...

3) Michigan became the first state in the Midwest to legalize pot...

4) State legislatures began taking legalization seriously...

5) The federal government legalized hemp...

This top five list strikes me as sound, though I think the federal legalization of hemp should find a place higher on the list and I have a few additions that I think could reasonably compete for a top five spot. First, I think it very significant that serious medical marijuana reforms were enacted by ballot initiative with strong majorities in 2018 in the very red states of Missouri, Oklahoma and Utah. Senators in very red states will be able to stop or limit or shape any future federal marijuana reforms, so having red states come into the reform fold is so very important for the fate and future of federal reform efforts. Second, and perhaps worth of a coming future post, arguably the biggest story of 2018 was a non-story, namely the decision in January of (now former) Attorney General Sessions to repeal the Cole memo shaping federal marijuana enforcement and then the failure of the new Sessions memo amounting to much of anything. I was not too worried that all that much would come from repeal of the Cole memo, but that so little resulted still strikes me as another telling sign of the state of marijuana reform as we close out 2018.

December 24, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, December 20, 2018

"Mayor de Blasio Calls for Fair Cannabis Legalization That Promotes Equity and Opportunity for All"

Pr607-18The title of this post is the title of this lengthy press release from the office of the Mayor of New York City.  Here are excerpts from the release and links to related documents:

Mayor Bill de Blasio today endorsed the safe and fair legalization of cannabis in New York.  The Mayor also released his Task Force report on Cannabis Legalization, which calls for a strong, public health-focused regulatory framework and the empowerment of local government to prevent corporate greed, foster small businesses and meet the demands of New York City communities.  The report also places great emphasis on the need to ensure that any marijuana industry in New York City right the wrongs of the past and promotes economic opportunity....

The report, A Fair Approach to Marijuana, was produced by the Mayor's Task Force on Cannabis Legalization, which was convened in July 2018 to identify the goals and challenges that should guide the City’s preparations for potential legalization.

The recommendations are centered on local development, equity, public health and a wholesale departure from the failed war on drugs.  These include the automatic expungement of criminal records for conduct that would be legalized – subject to notice and opportunity by District Attorneys’ Offices to raise objections in specific cases; educational resources for youth, educators, consumers, health care workers; the elimination of routine testing as prerequisite to social service benefit eligibility and the prohibition of pre-employment and random testing, with some narrow exceptions.

It also calls for balancing State regulatory structures with local authority to permit licensed consumption sites, determine business density restrictions to avoid over-concentration and allow localities to restrict or prohibit home cultivation. The report also makes recommendations to prevent big business from market domination by instituting a licensing system that would create opportunities for small businesses.

If legalized, the City would seek to:

  • Establish an Equitable Licensing System: Create local licensing programs, regulate public places of consumption, regulate home and commercial cultivation and manufacturing, and regulate home delivery services.
  • Preserve Communities: Establish zoning and area restrictions for cannabis businesses, as well as restrictions on the density to determine how the location of cannabis businesses can best fit into the fabric of its communities.
  • Protect Public Health: Enforce age limits of 21 and over with civil rather than criminal penalties to violations of cannabis regulations to the greatest extent possible consistent with public safety.
  • Right Historic Wrongs: Recommend automatic expungement of criminal records relating to conduct that may be legalized, including personal use and possession of certain quantities – subject to notice and opportunity by District Attorneys’ Offices to raise objections in specific cases.
  • Ensure Product Safety: Recommend statewide standards for product safety, labeling and packaging, marketing, and advertising, as well as a mandatory seed-to-sale tracking system accessible to State and local regulators and financial institutions serving cannabis-related businesses.
  • Put Small Businesses First: Work with State authorities to reduce the risk of market domination by big businesses and foster sustainable growth, in part, by restricting businesses from owning and controlling each stage of the supply chain, which may otherwise be owned by different, specialized businesses.
  • Create Equal Opportunity: Participate in a dual state-local licensing structure that will permit the City to pursue its own innovations to promote economic opportunities created by this new market, subject to the minimum standards set by the State.
  • Ease Access to Capital: Advocate for legislation expressly providing that banking and professional services for cannabis-related businesses do not violate State law.
  • Make Fair Investments: Allocate tax revenue, licensing fees, and other sources of financing to administer the new industry and support cannabis businesses and workers, with a focus on target populations and community reinvestment.
  • Build Local Businesses: Develop an incubator program to provide direct support to equity applicants in the form of counseling services, education, small businesses coaching, and compliance assistance.

To see the entire report of the Mayor's Task Force on Cannabis Legalization, click here. To see a quick cannabis fact sheet, click here.

December 20, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Democrat wing of congressional Joint Economic Committee releases report on "The National Cannabis Economy"

Download (30)This week the Democrats of the US Congress' Joint Economic Committee released this interesting short report titled simply "The National Cannabis Economy." Here is how it gets started and its final passages:

The National Cannabis Economy

Cannabis, or marijuana, is the most commonly used illicit drug in the United States.  Though illegal at the federal level, states are taking action to legalize cannabis — from recreational use in states like Colorado and Maine to medical use in New Mexico and Florida.  A record 66 percent of Americans now support legalizing cannabis, a dramatic increase from just 12 percent in 1969.

The legalization of cannabis has significant implications for state economies, as well as the national economy.  The industry totaled more than $8 billion in sales in 2017, with sales estimated to reach $11 billion this year and $23 billion by 2022.  There were more than 9,000 active licenses for cannabis businesses in the U.S. in 2017, with the industry employing more than 120,000 people.

As more states move to legalize cannabis, these numbers will only continue to rise, potentially providing a new stream of revenue and jobs to local economies.  But to realize these benefits, policymakers must address conflicts between state and federal regulations that impede the growth of the cannabis economy....

Going Forward

There are a variety of proposals to fix the conflicts between state and federal cannabis laws.  Of these proposals, the bipartisan STATES Act has drawn support from President Trump and the cannabis industry.  The STATES Act would amend the Controlled Substances Act so that its provisions no longer apply to individuals acting in accordance with state laws. Importantly, the bill would also clarify that financial transactions with state-legal cannabis businesses are not drug-trafficking, creating a solution for financial institutions and the cannabis industry.  Several states could be next to legalize cannabis.  A bill to legalize cannabis is progressing through the New Jersey legislature, while New York lawmakers are preparing to consider similar legislation this year.  Similarly, newly elected governors in New Mexico, Minnesota, Illinois, and Connecticut have all voiced support for legal cannabis, positioning their states to consider the issue.

Conclusion

The growth of the cannabis economy presents opportunities for greater job creation, more tax revenue, and better patient care.  But current conflicts between state and federal law threaten to impede social and economic growth.  Going forward, lawmakers and regulators should prioritize solutions that promote greater research into the health effects of cannabis and reduce regulations that restrict the industry’s ability to conduct business.

December 20, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Employment and labor law issues, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate | Permalink | Comments (1)

Saturday, December 15, 2018

Could Prez Trump's new Chief of Staff become major force pushing federal marijuana reforms in 2019?

Download (28)The question in the title of this post is prompted by President Donald Trump's  announcement that Mick Mulvaney will be his next Chief of Staff and this effective review of Mulvaney's marijuana reform record by Tom Angell at Marijuana Moment.  Here are the details, with links from the original:

Mulvaney, who currently serves as director of the Office of Management and Budget and acting director of the Consumer Financial Protection Bureau, was previously a member of the U.S. House, where he consistently voted to support marijuana reform amendments and cosponsored cannabis bills.

In 2015, for example, he voted for a floor amendment that would have barred the Justice Department from spending money to interfere with state marijuana laws. The proposal, which came just nine flipped votes short of passage, would have expanded on existing protections for state medical cannabis programs by covering recreational laws as well.  Mulvaney also voted for the medical marijuana rider three years in a row.

In 20142015 and 2016, he supported amendments to allow Department of Veterans Affairs doctors to recommend medical marijuana to military veterans.  Mulvaney backed a 2014 amendment to prevent the Treasury Department from punishing banks that work with marijuana businesses.  The South Carolina congressman he also voted for an amendment to protect limited cannabidiol (CBD) medical cannabis laws as well as a number of proposals concerning industrial hemp.

He also signed his name on as a cosponsor of several pieces of standalone marijuana legislation, including a comprehensive bill to reschedule cannabis and protect state medical-use laws, a measure to allow banking access for marijuana businesses, a hemp legalization bill and two separate CBD proposals.

“Mulvaney’s history of opposing wasteful government spending and support for states’ rights, specifically when it comes to marijuana, makes him our strongest ally in the White House,” Don Murphy, director of federal policies for the Marijuana Policy Project, told Marijuana Moment.

Pointing to how the Office of Management and Budget under Mulvaney on several occasions has floated severe funding cuts for the Office of National Drug Control Policy, commonly known as the drug czar’s office, Murphy said that the new acting chief of staff “delivers our ‘more liberty/less spending’ position directly into the Oval Office on a daily basis, where it could bring the federal war on marijuana to an end by 2020.”

It is unclear how long Mulvaney will serve as acting chief of staff, or how frequently marijuana issues will come across his desk, but the fact that he — and not an ardent legalization opponent like Chris Christie, who was also under consideration for the job — will sit a door away from the Oval Office is likely to be seen as a positive development for cannabis reform supporters.

In his new capacity, Mulvaney will be party to conversations about which congressional legislation the president should back as well as discussions about potential marijuana enforcement policy changes at the Department of Justice under a new attorney general.

December 15, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Friday, December 14, 2018

Senator Cory Gardner talking up getting STATES Act attached to federal criminal justice reform bill

This Denver Post article, headlined "Cory Gardner will try to pass marijuana banking, other reforms in the Senate next week," reports on a legislative gambit that the Republican Senator claims to be considering.  Here are the details:

Gardner plans to introduce an amendment Monday that, if passed, would let cannabis businesses open bank accounts in states where they’re legal. It would exempt retailers from federal prosecution while still keeping cannabis a Schedule 1 drug, meaning it would remain illegal in the states that haven’t legalized marijuana for medical or recreational use....

The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act is a bill Gardner and Sen. Elizabeth Warren, D-Massachusetts, introduced together this summer. Its purpose was to have federal laws basically mirror state laws when it comes to cannabis. The bill hasn’t moved much since it was introduced, so Gardner wants to attach it to a criminal justice reform bill working its way through Congress during the lame-duck session.

“This is by far and away the best shot we’ve had so far,” Gardner told the Denver Post on Friday morning. The reason Gardner thinks this might work is because of how the Senate works. When a bill comes up for a vote, it’s a lot easier to attach a germane amendment than one that has nothing to do with the bill. Any one senator can object to an unrelated amendment, but relevant amendments often become pending — meaning they get a vote from the full Senate. “I can’t think of a more appropriate piece of legislation than this bill to try as an amendment to,” Gardner said.

The criminal justice bill is a priority for both President Donald Trump and Senate Majority Leader Mitch McConnell, R-Kentucky. Gardner said he hadn’t spoken to the president about his plan to attach his measure to the bill, but said “the president supports this legislation, and in its purest form it is sentencing reform.” He’s also confident that he has Senate support to add it as an amendment if he can get a vote.

Given that the leadership of the Senate Judiciary Committee and of the Senate generally has shown, to date, absolutely no interest in holding hearings or moving forward with the STATES Act, I will not dispute Senator Garnder's statement that this is "the best shot [supporters have] had so far." But given that the leadership of the Senate Judiciary Committee and of the Senate generally has shown, to date, absolutely no interest in the STATES Act, I would be shocked if it gets the procedural or substantive support needed to get through the Senate in the coming weeks. And even if it somehow did, there is limited basis to think it would also make it through the House. Ergo, I think this proposed gambit by Senator Gardner has improve the chances of the STATES Act passing in 2018 from 0.1% to maybe 0.5%.

That said, especially with Democrats in control of the House of Representatives come 2019, there is a brighten chance for some meaningful federal marijuana reform in the next Congress. And it is great that Senator Gardner remains highly motivated to try to get his version of reform before his colleague and ultimately into law.

Prior related posts:

December 14, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Tuesday, December 11, 2018

New York Gov Cuomo reportedly has a plan for legalizing marijuana in the Empire State

Weed-3The New York Post is reporting here that "Gov. Andrew Cuomo’s budget address next year could be smokin’."  Here is what is meant:

Aides said Tuesday the governor will introduce a plan for legalizing recreational marijuana, possibly as part of his executive budget.  “The goal of this administration is to create a model program for regulated adult-use cannabis — and the best way to do that is to ensure our final proposal captures the views of everyday New Yorkers,” said Cuomo spokesman Tyrone Stevens.

“That’s why Governor Cuomo launched 17 listening sessions in cities across the state to give every community in every corner of New York the opportunity to be heard. Now that the listening sessions have concluded, the working group has begun accessing and reviewing the feedback we received and we expect to introduce a formal comprehensive proposal early in the 2019 legislative session.”

A study released in May by city Comptroller Scott Stringer estimated that legalizing marijuana could create a $3.1 billion market in New York state.  Imposing excise taxes on weed — similar to levies on cigarettes and booze — could generate $436 million in new state tax revenues and $336 million in additional city tax revenue, the report said.   Some advocates want the new taxes dedicated to the MTA.

Another key issue that’s being discussed is whether to expunge the records of New Yorkers who were arrested for marijuana possession when they were young — a disproportionate number of them are black and Latino.

In August, the governor appointed a 20-member task force to draft legislation to regulate cannabis following a report by his Health Department that gave the green light to legalizing pot. The group has been holding hearings and soliciting opinions.

Numerous other issues also need to be addressed, including: How many outlets would be permitted to sell marijuana, and will be cannabis be sold in smokeable form?   Under the state’s current medical marijuana program, patients are prescribed pot in pill and ointment form.

One lawmaker long involved in marijuana legalization efforts said cannabis should be sold in smokeable form, with limitations.  “The law ought to allow smoking of cannabis, with rules similar to limits on where you can smoke tobacco — but not necessarily the same,” said Assemblyman Richard Gottfried (D-Manhattan)....

The push for pot legalization is a reversal for Cuomo, who once dismissed weed as a “gateway drug.”  But earlier this year, he called for a study of legalization after neighboring Massachusetts legalized cannabis. Meanwhile, new New Jersey Gov. Phil Murphy is finalizing a proposed law to legalize weed in the Garden State.  The most recent New Jersey bill being debated calls for a 12 percent tax on pot sales — a standard 6.625 percent sales and a 5.375 marijuana tax.  Murphy initially sought a 25 percent tax.

Law-and-order types said Cuomo and the Democrat-run Legislature are making a mistake. Legalizing weed was never a priority during GOP control of the state Senate — but the Democrats won the majority in the Novembers election and are more supportive.   “I guess it’s not a gateway drug anymore,” state Conservative Party chairman Mike Long said sarcastically.

December 11, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Federal farm bill officially includes provisions to legalize "hemp" defined as the cannabis sativa plant with THC levels under 0.3%

65c04791337f8e561d0e508b808657a0One of many reasons I typically use the work "marijuana" on this blog and in other discussions of marijuana reform is because I think it is the word most directly and commonly associated with the version of the cannabis plant (or the parts of the plant) containing the chemical ingredient (delta-9 tetrahydrocannabinol or THC) that gets humans high from consumption. But for various sound reasons, other researchers and many advocates like to talk only about "cannabis" because this is the scientific name for the plant often called marijuana and because there are so many possible uses for and derivatives from that plant that have nothing to do with getting high. Of course, regular readers surely know all this, and yet it is worth reviewing given this notable news as reported by this Marijuana Moment piece: "The Final 2018 Farm Bill ... Will Legalize Hemp." Here are the basics:

The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.

The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.

Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation — with hemp legalization in the mix — questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry. But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years....

“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”

“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”

Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop. If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.

Here is the definition of "HEMP" as set forth in this draft legislation: "The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." In other words, if and when this bill becomes law, it will be possible to produce and sell, without violating federal law, "certain version of the "plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids" etc. This seems to me a very big deal, though one that also seems certain to create even more confusion about what is and is not allowed under federal law with respect to so-called "medical marijuana."

This recent lengthy CNBC artice, headlined "Hemp legalization included in new farm bill could 'open the floodgates' on nascent industry," provide a review of what enactment of this legislation could mean and how we got here. Here is a snippet:

Hemp is a cannabis cousin of marijuana but it contains low levels of THC, the chemical that produces a "high" for pot users. Industrial hemp is used to make everything from apparel, foods and pharmaceuticals to personal care products, car dashboards and building materials.

"The vast majority of the market right now is going for CBD products," said Brightfield Group's [Bethany] Gomez. "You can find some hemp seed-based beauty products or hemp in some cereals and things like that, and there's such usage on the fibers for like clothes and other industrial purposes, but that's really minimal right now."

Brightfield Group estimates the domestic hemp market could reach $22 billion in the next four years. The estimate factors in the hemp amendment in the farm bill becoming law....

"There are three words why we have hemp now, and those words are tobacco state Republicans," said Kristin Nichols, editor at Denver-based Hemp Industry Daily, a publication owned by MJBizDaily. "There's been strong support from lawmakers and politicians up and down in former tobacco states looking for a replacement crop."

The hemp provisions in the 2018 Farm Bill were in the Senate version of the legislation sponsored by Senate Majority Leader McConnell. The Kentucky Republican put himself on the joint Senate-House conference committee formed to hammer out the details of the final farm bill. "I know there are farming communities all over the country who are interested in this," McConnell said in June when discussing the hemp legalization legislation before the Senate Agriculture Committee. "Mine are particularly interested in it, and the reason for that is — as all of you know — our No. 1 cash crop used to be something that's really not good for you: tobacco. And that has declined significantly, as it should, given the public health concerns."

December 11, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Who decides | Permalink | Comments (0)

Thursday, December 6, 2018

NYC Comptroller advocates for New York to pursue an "Equitable Cannabis Industry"

Hqdefault (1)New York City Comptroller Scott M. Stringer first caught my attention six months ago when he produced this notable  report titled "Estimated Tax Revenues from Marijuana Legalization in New York." Today, Comptroller Stringer has my attention again with this notable new 15-page report titled "Addressing the Harms of Prohibition: What NYC Can do to Support an Equitable Cannabis Industry." I recommend the document in full, and here is part of its introductory section:

Over the last several decades, the prohibition of cannabis has had devastating impacts on communities in New York City, extending beyond incarceration to often long-lasting economic insecurity: damaged credit, loss of employment, housing, student loans, and more.  Today, thousands of New Yorkers, overwhelmingly Black and Latinx, continue to endure the untold financial and social costs of marijuana-related enforcement, despite steps to decriminalize.

As New York joins neighboring jurisdictions in moving closer to legalizing cannabis for adult use, the State and the City must take action to ensure that the communities who have been most harmed by policies of the past are able to access the revenue, jobs, and opportunities that a regulated adultuse marijuana program would inevitably generate.

While the creation of a legal market brings the promise of new wealth, the uneven enforcement of marijuana policies in New York specifically and the lack of diversity in the cannabis industry generally foreshadow potential inequities in who will benefit — and, indeed, who will profit — from a legal adult-use cannabis industry. In anticipation of future legalization, this report, by New York City Comptroller Scott M. Stringer, offers a new neighborhood-by-neighborhood look at cannabis enforcement and charts a roadmap for building equity into the industry....

Together, the report findings show that the neighborhoods most impacted by prohibition are among the most economically insecure and disenfranchised in the city.  It is precisely these New Yorkers then — those to whom the benefits of legalization should be targeted — who are most likely to face barriers to accessing opportunities in the industry, in particular financing. In addition to reinvesting tax revenue from legalization in these disproportionally impacted communities, steps should therefore be taken to equip those impacted by prohibition to secure the funding and other resources needed to become cannabis licensees.  This report recommends that the City, in partnership with the State, develop a robust cannabis equity program to direct capital and technical assistance to impacted communities interested in participating in the adult-use industry.

December 6, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Sunday, November 18, 2018

Spotlighting the still-challenging politics that surround the intersection of marijuana reform, criminal justice reform and racial inequities

Today's must-read for both marijuana reform and criminal justice reform fans is this lengthy new Politico article fully headlined "Racial Justice and Legal Pot Are Colliding in Congress: The latest fight over criminal justice reform is over allowing felons access to newly legal aspects of the cannabis industry. Lawmakers are getting woke — slowly." I recommend this piece is full, and here are some extended excerpts:

Thanks to Senate Majority Leader Mitch McConnell, the [Farm] bill includes an amendment that would permanently remove hemp from the list of federally banned drugs like heroin and cocaine, freeing hemp from the crippling legal stigma that has made it economically unviable for the past four decades.  But that amendment also includes a little-noticed ban on people convicted of drug felonies from participating in the soon-to-be-federally-legal hemp industry.

Added late in the process, apparently to placate a stakeholder close to McConnell, the exception has angered a broad and bipartisan coalition of lawmakers, hemp industry insiders and religious groups who see it as a continuing punishment of minorities who were targeted disproportionately during the War on Drugs and now are being denied the chance to profit economically from a product that promises to make millions of dollars for mostly white investors on Wall Street....

[L]awmakers like McConnell, who have discovered the economic benefits of relaxing prohibitions on products such as hemp, have nevertheless quietly found ways, like the Farm Bill felon ban, to satisfy the demands of their anti-legalization constituents, to the chagrin of pro-cannabis lawmakers and activists. After POLITICO Magazine reported on the drug-crime felon ban in August, three senators — Cory Booker (D-New Jersey), Rand Paul (R-Kentucky), and Jeff Merkley (D-Oregon) — wrote to Senate leadership demanding the removal of the ban, citing its “disparate impact on minorities,” among other concerns.

“I think there’s a growing recognition of the hypocrisy and unfairness of our nation’s drug laws, when hundreds of thousands of Americans are behind bars for something that is now legal in nine states and something that two of the last three Presidents have admitted to doing,” Booker told POLITICO Magazine. “If we truly want to be a just and fair nation, marijuana legalization must be accompanied by record expungement and a focus on restorative justice.”...

[The] once-radical notion that felons ought to gain priority for entry into a newly legal industry — instead of being shut out — has quietly gained bipartisan support on Capitol Hill, albeit not among Republican leadership.  In the House, this mounting opposition to the continuing punishment of felons first cropped up in September when the Judiciary Committee passed its first pro-marijuana bill.  It would expand access to scientific study of the cannabis plant, a notion agreed-upon by marijuana’s supporters and detractors alike.  However, Democrats almost killed the bill because it included language that barred felons (and even people convicted of misdemeanors) from receiving licenses to produce the marijuana.

Felon bans are commonplace in legal marijuana programs.  Every state has some version of it, but most of them have a five- or 10-year limit.  But the felon bans in both the Senate’s Farm Bill and the House’s marijuana research bill are lifetime bans, and the House bill includes misdemeanors, too. “Any restriction on misdemeanors goes in the exact contrary direction of the Second Chance Act,” said Rep. Jerry Nadler (D-New York), who will become chairman of the Judiciary Committee in January.  His criticism was echoed by Steve Cohen (D-Tennessee), who sought to have the misdemeanor language struck from the bill until its sponsor, Matt Gaetz (R-Florida), promised to address that language when it comes to the House floor.

In the Senate, the movement to protect the legal marijuana trade has taken the form of the proposed bipartisan Gardner-Warren STATES Act, which would maintain the status quo of federal non-interference of state-legal programs that was upended when then-Attorney General Jeff Sessions repealed the Cole Memo, an Obama-era document that outlined a hands-off approach to state-legal programs.  Booker’s Marijuana Justice Act would adopt California-style principles and apply them federally, going far beyond the STATES Act, removing marijuana from Schedule I (defined as having no medical value and a high risk of abuse) and eliminating criminal penalties for marijuana.  But unlike other pro-marijuana bills, it would also deny federal law-enforcement grants to states that don’t legalize marijuana; direct federal courts to expunge marijuana convictions; and establish a grant-making fund through the Department of Housing and Urban Development for communities most affected by the War on Drugs.

Booker’s bill has become popular among Senate Democrats.  Ron Wyden, Kirsten Gillibrand, Bernie Sanders, Kamala Harris, Jeff Merkley and Elizabeth Warren have signed on as co-sponsors — a list that looks a lot like a lineup of presumed candidates for the 2020 Democratic presidential primary.  “For too long, the federal government has propped up failed and outdated drug policies that destroy lives,” Wyden told POLITICO Magazine.  “The War on Drugs is deeply rooted in racism.  We desperately need to not only correct course, but to also ensure equal justice for those who have been disproportionately impacted. People across America understand and want change. Now, Congress must act.”

Recent polling shows that Americans agree with Wyden — to a point.  There is a widespread acceptance of legalizing marijuana.  Gallup has been tracking this number since 1969, when only 12 percent of Americans believed in legalizing it; in October, Gallup put the number at 64 percent, the highest ever number recorded.  Pew says it is 62 percent, also its highest number ever. 

But there is far less acceptance of the idea that the War on Drugs has had an adverse impact on poorer, minority communities, or that there should be some form of compensation in terms of prioritized access to the new industry. A  poll conducted by Lake Research Partners, a progressive DC-based polling firm, earlier this year on the “Politics of Marijuana Legalization in 2018 Battleground Districts” found that 62 percent of the 800 likely voters surveyed agreed with the idea “we need legalization to repair the financial and moral damage of the failed War on Drugs.”  However, when the pollsters added a racial component to this message — whether the respondents felt that the marijuana prohibition “unfairly target[s] and destroy[s] minority communities” — only 40 percent found that message to be “very convincing.”...

[M]any members of the Congressional Black Caucus have been slow to support marijuana legalization. But the CBC finally made its position on this issue clear in June when its 48-member caucus voted in an “overwhelming majority” to support policies beyond mere decriminalization: “Some of the same folks who told African Americans ‘three strikes and you’re out’ when it came to marijuana use and distribution, are now in support of decriminalizing the drug and making a profit off of it,” CBC Chairman Cedric L. Richmond, Democrat from Louisiana said at the time. “The Congressional Black Caucus supports decriminalizing marijuana and investing in communities that were destroyed by the War on Drugs…” 

Arguments for legalizing marijuana haven’t been entirely persuasive to sway many in the conservative black community, but re-framing it in the context of civil rights has brought many around to this new way of thinking. “What is moving conservative black and brown folks is this idea that we’re on the horizon of marijuana legalization,” according to Queen Adesuyi of the Drug Policy Alliance. “So the idea is in order to do this in a way that is equitable and fair, you have to start on the front end of alleviating racially biased consequences of prohibition while we’re legalizing — and that means expungement, re-sentencing, community re-investment, and looking at where marijuana tax revenue can go, and getting rid of barriers to the industry.”

Now that Democrats have won control of the House, co-founder of the Cannabis Caucus, Rep. Earl Blumenauer (D-Oregon), is poised to implement his blueprint for how the House under Democratic leadership would legalize marijuana at the federal level.  Racial justice is front-and-center in that plan.  The memo he sent to Democratic leadership reads in part, “committees should start marking up bills in their jurisdiction that would responsibly narrow the marijuana policy gap — the gap between federal and state marijuana laws — before the end of the year. These policy issues… should include: Restorative justice measures that address the racial injustices that resulted from the unequal application of federal marijuana laws.”

Cross-posted at Sentencing Law & Policy

November 18, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Polling data and results, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Thursday, November 15, 2018

Mapping out where marijuana campaigns are headed in 2020

Download (26)The Hill has this extended (and not surprising) article about where the marijuana reform movement is planning to go for the next round of ballot initiatives.  The piece is headlined "Marijuana backers plot ambitious campaign," and here are excerpts:

Advocates of legalizing medical and recreational marijuana are planning a wave of new ballot measures in coming years few years, buoyed by wins scored this year's midterm elections in swing and conservative states.

Supporters say they are likely to field measures in states like Ohio and Arizona in 2020, and potentially in Florida and North Dakota. They say plans are underway for initiatives to legalize medical marijuana in Mississippi, Nebraska and South Dakota.

“2020 provides an opportunity to run medical marijuana and legalization campaigns across the country. Typically, presidential elections offer better turnout and a more supportive electorate,” said Matt Schweich, deputy director of the Marijuana Policy Project. “I’d be surprised if there weren’t a large number of initiatives being run — statutory, constitutional, legalization, medical marijuana. It’s going to be a big opportunity for our movement to build momentum.”...

“We won our first state outside of the coasts, and I think there’s a strong feeling that we’re sort of on the downhill of the tipping point,” said one strategist who has worked on legalization measures, who asked for anonymity to describe future plans....

The strategist said legalization backers have settled on a reliable formula that has generated success at the ballot box. The template includes language allowing adults to grow a small number of marijuana plants in their own home, banning advertising aimed at children and controlling potency of products like edibles that make it to market.

The measures [that failed previously] in North Dakota and Ohio did not closely follow that template; the Ohio measure, which did not earn support from the largest groups that back legalization campaigns, went so far as to parade a marijuana leaf mascot — named Bud — around campaign events before it went down in a crushing defeat.

Opponents of marijuana legalization said they have turned their focus to another provision typically found in successful ballot measures, one that allows counties and municipalities to ban pot shops even if recreational marijuana is legal statewide. “In all states with legalization, the majority of towns and cities that have voted have banned pot shops,” said Kevin Sabet, who heads the drug policy group Smart Approaches to Marijuana, which opposes legalization. “We … think we can get a majority of counties to opt out of pot shops in Michigan.”

A Pew Research Center survey conducted in October showed 62 percent favor legalization — including majorities among Millennials, members of Generation X and the Baby Boomer generation. Drug legalization is one of the few issues where men take a more liberal stand than women. The Pew Research survey showed 68 percent of men, and just 56 percent of women, support legal pot.

The Utah measure that passed this year is especially notable, Schweich said, because the Republican-dominated state legislature is now likely to take up its own medical marijuana measure. That measure will likely be more conservative than the ballot proposition voters approved, but it will still mark the first time a conservative legislature has approved marijuana use. “You’re going to see a very conservative state adopt, via its legislature, a medical marijuana law,” he said. “We’ve really showed that any state, no matter how socially conservative it might be, can have medical marijuana.”

The legislative action in Utah is a prelude of what marijuana legalization backers hope becomes the next front in their fight. Not every state allows citizens to change laws via ballot measure; in some states, any change will be up to the legislature.

Two Democratic governors have indicated they would support legalization if the legislature forwards a bill to their desks. New Jersey Gov. Phil Murphy (D) ran into opposition from some Democratic legislators during his first session in office but Illinois Gov.-elect J.B. Pritzker (D) has said he supports legalization.

November 15, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, November 7, 2018

A first accounting of how "Marijuana Won The Midterm Elections" in 2018

Tom Angell has this new Forbes piece under the headline "Marijuana Won The Midterm Elections."   His accounting of marijuana's victory goes beyond just the statewide ballot initiatives, and here are excerpts (with links from the original and my highlighting of state names):

Michigan voters approved a ballot measure making their state the first in the midwest to legalize cannabis.  Missouri approved an initiative to allow medical marijuana, as did Utah.

Voters in several Ohio cities approved local marijuana decriminalization measures, and a number of Wisconsin counties and cities strongly approved nonbinding ballot questions calling for cannabis reform.

While North Dakota's long-shot marijuana legalization measure failed, cannabis also scored a number of big victories when it came to the results of candidate races. When new pro-legalization governors take their seats next year, marijuana bills in several states will have a good chance of being signed into law. 

In Illinois, Democrat J.B. Pritzker won the governor's race after making marijuana legalization a centerpiece of his campaign.  "We can begin by immediately removing one area of racial injustice in our criminal justice system," he said during his primary night victory speech earlier this year. "Let's legalize, tax and regulate marijuana."

Minnesota Gov.-elect Tim Walz (D) wants to "replace the current failed policy with one that creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms."

Michigan voters who supported the state's marijuana legalization measure will have an ally in the incoming governor, Gretchen Whitmer (D), who supported the initiative and is expected to implement it in accordance with the will of the people. She has called cannabis an "exit drug" away from opioids

In New Mexico, Michelle Lujan Grisham (D), who won the governor's race, said legalizing marijuana will bring “hundreds of millions of dollars to New Mexico’s economy."

In New York, while easily reelected Gov Andrew Cuomo (D) had previously expressed opposition to legalization, he more recently empaneled a working group to draft legislation to end cannabis prohibition that the legislature can consider in 2019, a prospect whose chances just got a lot better in light of the fact that Democrats took control of the state's Senate.

In Wisconsin, Democrat Tony Evers supports decriminalizing marijuana and allowing medical cannabis, and says he wants to put a full marijuana legalization question before voters to decide.  He ousted incumbent Gov. Scott Walker (R) on Tuesday.

States that already have legalization elected new governors who have been vocal supporters and will likely defend their local laws from potential federal interference. California's Gavin Newsom, Colorado's Jared Polis, Maine's Janet Mills and Nevada's Steve Sisolak, all Democrats, fit that bill.   Oregon Gov. Kate Brown (D), also a legalization supporter, was reelected in her state, which ended prohibition in 2014.

Speaking of the federal government, when it comes to congressional races, one of the main impediments to cannabis reform on Capitol Hill won't be around in 2019.  Rep. Pete Sessions (R-TX), who as chairman of the House Rules Committee, has systematically blocked every single proposed marijuana amendment from reaching a floor vote this Congress, is now out of a job after having lost his reelection bid to Democrat Colin Allred.

And the fact that the Democrats, who have been much more likely than Republicans to support cannabis reform legislation than GOP members, retook control of the chamber means that the chances of ending federal prohibition sooner rather than later just got a lot better.  Last month, Rep. Earl Blumenauer (D-OR) published what he called a  "Blueprint to Legalize Marijuana" in which he laid out a detailed, step-by-step plan for Democrats to enact the end of federal cannabis prohibition in 2019.  It's not clear whether Democratic leaders will embrace the idea, but a look at polling on the issue should give them the sense that marijuana reform is a popular issue with bipartisan support....

That said, while Senate Majority Leader Mitch McConnell (R-KY) has championed legalizing hemp, he does not support broader marijuana law reform and seems unlikely to bring far-reaching cannabis bills to a vote without substantial pressure.

But President Trump earlier this year voiced support for pending legislation that would respect the right of states to implement their own marijuana laws.  If Democrats pass that bill or similar proposals out of the House, the president's support could be enough to get it through the Senate, where a number of GOP members have already endorsed ending federal prohibition. 

November 7, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, November 6, 2018

Another election with marijuana reform as a big winner in (most) ballot initiatives

In recent history, elections in 2012 and 2016 have been arguably the most consequential for the modern marijuana reform movement.  But every election cycle is important in its own way, and the 2018 season is no different as three of four statewide marijuana initiatives appear to have passed on this election night (and this follows a medical marijuana initiative passing in Oklahoma in mid-2018).  Specifically:

Michigan voters have approved Proposition 1 providing for legalization of recreational marijuana use.

Missouri voters have approved Amendment 2 providing for legalization of medical marijuana use.

Utah voters have approved Proposition 2 providing for legalization of medical marijuana use.

But, North Dakota voters have rejected Measure 3 providing for legalization of recreational marijuana use.

November 6, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, November 5, 2018

"Where marijuana is on the ballot Tuesday — and where it’s most likely to win"

Total-Funds-rev-768x405The title of this post is the headline of this effective new Washington Post piece, which gets started this way:

It has been a big year for marijuana policy in North America. Mexico’s supreme court overturned pot prohibition last week, while Canada’s recreational marijuana market officially opened its doors in October.

Stateside, recreational marijuana use became legal in Vermont on July 1, Oklahoma voters approved one of the country’s most progressive medical marijuana bills in June, the New York Department of Health officially recommended legalization to the governor and the Commonwealth of the Northern Mariana Islands legalized recreational use.

Now, legalization advocates are hoping to build on these successes with a number of statewide ballot measures up for consideration Tuesday, including full recreational legalization in two states and medical marijuana in two more. Here’s a rundown of what the measures say and where the polling on them stands.

Michigan: Recreational use....

North Dakota: Recreational use....

Missouri: Medical use....

Utah: Medical use....

UPDATE: The folks over at Marijuana Majority have this interesting accounting of monies spent in these campaigns under the headline "Marijuana Ballot Initiative Campaigns Raised $12.9 Million, Final Pre-Election Numbers Show." Here is how the piece starts:

2018 has been a banner year for marijuana ballot initiatives. Voters in two states are considering legalizing recreational use, while those in another two states will decide whether to allow medical cannabis.

In the lead-up to the election, committees supporting or opposing these initiatives have raised a total of $12.9 million in cash and in-kind services over the past two years to convince those voters, Marijuana Moment’s analysis of the latest campaign finance records filed the day before Election Day shows.

On the day final ballots are cast and tallied, here’s where funding totals now stand for the various cannabis committees, both pro and con, in the four states considering major modifications to marijuana laws.

November 5, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, October 31, 2018

Various takes on politics of marijuana reform a week before the latest big election

Tuesday, October 23, 2018

"Marijuana midterms: Why legal weed advocates think 'all the pieces are coming together' this year"

Images (16)The title of this post is the headline of this lengthy new NBC News article, which carries this summary subhead: "Four states have marijuana measures on the ballot in November, and a Democratic Congress could make it easier for more states to relax drug laws." With exactly two weeks until Election Day 2018, I like the phrase "marijuana midterms," and here are excerpts from the lengthy press piece:

As polls show record support for marijuana legalization, advocates say the midterm elections could mark the point of no return for a movement that has been gathering steam for years. "The train has left the station," said Rep. Earl Blumenauer, D-Ore., a leading marijuana reform advocate in Congress. "I see all the pieces coming together... It's the same arc we saw two generations ago with the prohibitions of alcohol."

Voters in four states will weigh in on ballot initiatives to legalize weed for recreational or medical use next month, while voters everywhere will consider giving more power to Democrats, who have increasingly campaigned on marijuana legalization and are likely to advance legislation on the issue if they win back power in Congress and state capitals.... Politically, the issue has gone from a risible sideshow to a mainstream plank with implications for racial justice and billions of dollars in tax revenue. "Politicians embraced it because it's actually good politics,” said Blumenauer. “They can read the polls.”...

But opponents say advocates are ignoring the backlash that rapid legalization has created, including from some surprising corners, like the Detroit chapter of the NAACP, which is set to announce Tuesday its opposition to a ballot measure that would legalize marijuana in Michigan, the most significant of this year's referendums. Michigan already has a robust medical marijuana industry, but voters could decide to fully legalize the drug for recreational use on Nov. 6. A recent survey commissioned by The Detroit Free Press found 55 percent of voters supported the measure, compared to 41 percent who opposed it.

Meanwhile, North Dakota voters will also have a chance to legalize recreational marijuana in one of the most conservative states in the country, two years after 64 percent of voters approved its medical use during the 2016 election. Advocates are less hopeful about their prospects this year, though a pro-legalization group released a poll this weekend claiming a narrow 51 percent of likely voters approve of the measure.

Utah, a deep red state with some of the strictest alcohol rules in the country, is considering a medical marijuana initiative, which polls suggest is favored to succeed, even though most of the state’s political and religious leaders oppose it.

At the same time, Missouri voters will consider three separate and competing medical marijuana ballot initiatives. The situation has frustrated advocates and could confuse voters, especially because it's unclear what will happen if they approve more than one next month.

Meanwhile, Vermont's state legislature earlier this year legalized cannabis, though not for commercial sale, and New York and New Jersey could be next, as lawmakers in both states are actively considering the issue....

Progressive Democrats like Florida gubernatorial candidate Andrew Gillum and Texas Senate candidate Rep. Beto O’Rourke, D-Texas, have adopted marijuana legalization as a central plank of their campaigns by tying the issue to criminal justice reform, citing the disproportionate number of African-Americans arrested for the drug even though usage is common among whites.  In one of the biggest applause lines of his stump speech, O’Rourke — a longtime advocate of marijuana reform dating back to his days on the El Paso City Council — asks supporters who will be the last person of color incarcerated for possessing something that is now legal for medical use in a majority of states.

But a growing number of more mainstream Democrats have adopted the policy too, like J.B. Pritzker, the billionaire hotel magnate running for governor of Illinois, and Michigan gubernatorial candidate Gretchen Whitmer, who beat a progressive Bernie Sanders-style challenger in the Democratic primary.  “Democrats have really jumped on this as a way of galvanizing their voters,” said Michael Collins, the interim director of the pro-legalization group Drug Policy Action. “If you're on the more moderate side of the party and you want to show your progressive bona fides, you go to marijuana, because it's not as controversial an issue as, say eliminating ICE,” the Immigrations and Customs Enforcement agency....

But Kevin Sabet, a former adviser to the Obama administration on drug policy who runs a group that opposes marijuana legalization, says advocates are overstating the inevitability of their side.  “I don't think this is a done deal at all,” he said, noting that his group, Smart Approaches to Marijuana, has raised more money this year than any year in its history.  “Ironically, the more legalization rolls out, as recklessly as it is, the more support we get.”  Polls showing sky-high support for legalization can be misleading, Sabet argues, because they use vague wording that can lead respondents to conflate decriminalization with a full-blown recreational system that allows for storefront dispensaries.

Some of the most vocal opposition, he said, has come from African-American organizations, who express concern that the commercialization of the marijuana industry has primarily benefited white entrepreneurs even though communities of color have borne the brunt of the drug war.  "This really isn't about social justice, it's about a few rich white guys getting rich," Sabet said, noting that the black caucus in the New Jersey state legislature has helped stall Murphy's legalization effort in New Jersey.

Proponents acknowledge the racial disparities in the marijuana industry, and some, like Maryland Democratic gubernatorial candidate Ben Jealous, the former head of the NAACP, has advocated a legalization regime that would benefit black and brown weed entrepreneurs.

Either way, if Democrats win back the House, advocates say Congress could advance a number of reform bills that have been blocked by the Republican majority. Some, like a bill to exempt states that have legalized marijuana from federal restrictions and another to allow marijuana businesses to use banks, have numerous Republican co-sponsors and could pass both chambers of Congress today — if only leaders allowed lawmakers to vote on them, advocates say.

October 23, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, October 18, 2018

Will Canada's legalization of marijuana impact coming legalization votes in Michigan and North Dakota and elsewhere in US?

319030_87b0d3e2e5596a530b55b4f110aa6dbc440af205.png_facebookThe question in the title of this post is my domestic reaction to the big international marijuana reform news of Canadian marijuana legalization efforts becoming a reality.  This new Politico article, headlined "Members of Congress, businesses push for homegrown weed," reports on some of the US echoes of what has transpired in the country up north this week, and here are excerpts:

Washington just got some major peer pressure to embrace the bong.  Its vast northern neighbor Canada legalizes the retail sale of marijuana nationwide Wednesday.  The Canadian cannabis sector is already estimated to be worth $31 billion and upstart marijuana companies have soared on the New York Stock Exchange.

But America’s patchwork of state laws — and federal ban on marijuana — put American pot companies at a high disadvantage. It's unclear whether the push to liberalize U.S. marijuana laws will get very far: Attorney General Jeff Sessions has declared war on marijuana, though his efforts have been dampened by a not-so-hostile White House.  Yet Rep. Dana Rohrabacher (R-Calif.) said last week that the White House plans to address cannabis reform following the midterms.

Rohrabacher's efforts are bolstered by a chorus of congressional and business voices calling on the Trump administration to respond with an “America First” policy on pot. A publicly traded U.S. cannabis company bought a full-page ad in the Wall Street Journal Tuesday with a message to President Donald Trump: Canada will take over the U.S. marijuana market if we don't legalize soon....

A bipartisan group of American lawmakers fumed last month when the U.S. Drug Enforcement Agency gave the green light to importing Canadian marijuana for research purposes. The 15 lawmakers, many of them representing states that have legalized recreational cannabis, protested to the DEA and Sessions that dozens of American companies already requested permission to produce marijuana for study.  They wrote that allowing the University of California, San Diego, one of the applicants, to import marijuana capsules from Canada-based Tilray, Inc., was “adding insult to injury.”

Noting that Trump had issued a "Buy American" executive order, the lawmakers urged the administration to ensure that the domestic need for cannabis research be met by American institutions. The concerns are not just limited to medicinal marijuana. Recreational use is gaining a foothold in U.S. states.  Voters in North Dakota and Michigan will vote on ballot initiatives on legalization on Election Day.

Already, nine states and the District of Columbia, have legalized pot, and 31 others allow medical marijuana. “I think it frankly cries out for a federal solution,” Rep. Kevin Cramer (R-N.D.), now challenging Democrat Heidi Heitkamp for her Senate seat, told POLITICO.  “And this is tough stuff — this is hard stuff to talk about — because I’m a law-and-order congressman, but it’s impossible to ignore what’s going on. … If the federal government itself doesn’t do something to sort of at least provide the banking system that allows for greater oversight and regulation, I think we’re just setting ourselves up for a bit of a rogue industry rather than a highly regulated one.”

Though this piece is focused on federal US policies, I am especially interested in the reality that the two states voting on full legalization this election cycle both border Canada. I have been thinking that voters in the (bluish) state of Michigan were on a path toward legalization even before these developments in Canada, but I have also been guessing that voters in the (deep red) state of North Dakota were not going to be ready to vote for full legalization. But maybe developments up north could change these dynamics among the voters

October 18, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, International Marijuana Laws and Policies, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)