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More governors advocating for marijuana legalization

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Nine US governors – all Democrats – received an ‘A’ grade for their marijuana positions, including gay Gov. Jared Polis of Colorado. (Washington Blade photo by Michael Key)

More governors advocating for marijuana legalization

To kick off the 2019 state legislative season, NORML released its 2019 Gubernatorial Scorecard. This database assigns a letter grade ‘A’ through ‘F’ to states’ governors based upon their comments and voting records specific to matters of marijuana policy.

“Following the publication of our 2018 Scorecard, there has been a dramatic shift in opinion among elected officials in favor of marijuana policy reform,” NORML’s Political Director Justin Strekal said. “Never before have we seen so many governors go on record and pledge their support for legalizing the responsible use of cannabis by adults. As a result, we expect there to be unprecedented levels of legislative activity at the state level surrounding the need to regulate the commercial cannabis market in 2019 and in 2020.”

Key Findings: 27 U.S. governors received a passing grade of ‘C’ or higher (22 Democrats, 5 Republicans). Of these, nine governors – all Democrats – received an ‘A’ grade; this marks a significant increase since 2018, when only two governors received ‘A’ grades. They are:

Gavin Newsom: California

Jared Polis: Colorado

Ned Lamont: Connecticut

J.B. Pritzker: Illinois

Gretchen Whitmer: Michigan

Tim Walz: Minnesota

Phil Murphy: New Jersey

Kate Brown: Oregon

Jay Inslee: Washington

Of the 24 Republican governors receiving a letter grade, only five (21 percent) received a passing grade of ‘C’ or higher. Of the 22 Democratic governors receiving a letter grade, all of them (100 percent) received a passing grade of ‘C’ or higher. Among the 20 governors taking office for the first time in 2019, six (30 percent) received an ‘A’ grade. All are Democrats.

There exists now, for the first time, significant political support among U.S. governors for marijuana policy reform. However, this support is more partisan than ever before. While almost half of all Democratic governors are now on record in support of adult use regulation, no Republican governors publicly advocate for this policy. This partisan divide is not similarly reflected among the general public. According to national polling data compiled by Gallup in October 2018, 66 percent of the public – including majorities of self-identified Democrats, Republicans, and Independents – favor legalization.

AG nominee would leave state marijuana programs alone

William Barr (Washington Blade photo by Michael Key)

In Senate testimony last week, nominee for Attorney General William Barr committed to not use the limited resources of the Department of Justice to prosecute state-regulated and compliant marijuana businesses. His statements came response to questions from Senators Cory Booker (D-N.J.) and Kamala Harris (D-Calif.) — each of whom represent states where marijuana is legally regulated for either medical or recreational purposes.

In January 2018, former Attorney General Jeff Sessions rescinded what is known as the Cole Memo, a 2013 Justice Department memorandum, authored by former Deputy Attorney General James Cole to U.S. attorneys in all 50 states. This memorandum directed prosecutors not to interfere with state legalization efforts and not to prosecute those licensed to engage in the plant’s production and sale — provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

Thirty-three states, Washington, D.C. and the U.S. territories of Guam and Puerto Rico have enacted legislation specific to the physician-authorized use of cannabis. Moreover, an estimated 73 million Americans now reside in the 10 states where anyone over the age of 21 may possess cannabis legally. Additional states have passed laws specific to the possession of cannabidiol (CBD) oil for therapeutic purposes.

Members of Congress in recent years have approved amendments protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.” However, this amendment does not provide protections to state-regulated activity governing activities specific to the adult use of marijuana.

Sixty-eight percent of registered voters “support the legalization of marijuana,” according to national polling data compiled by the Center for American Progress. The percentage is the highest level of support for legalization ever reported in a nationwide, scientific poll.

Majorities of Democrats (77 percent), Independents (62 percent), and Republicans (57 percent) back legalization. The results of a 2017 nationwide Gallup poll similarly found majority support among all three groups.

Cannabis Culture news in the Blade is provided in partnership with NORML. For more information, contact Paul Armentano, NORML Deputy Director, at [email protected].

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Cannabis Culture

New Mexico guv signs marijuana legalization

Retail sales would begin by April 2022

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decriminalizing possession, gay news, Washington Blade

Democratic Gov. Michelle Lujan Grisham earlier this month signed two separate measures into law amending the state’s marijuana policies. The first measure (House Bill 2) legalizes and regulates marijuana possession, production, and sales for adults. The second measure (Senate Bill 2) facilitates the automatic review and expungement of the records of those convicted of low-level marijuana offenses.

Lawmakers approved both bills during a special legislative session demanded by Gov. Lujan Grisham, who had been a vocal proponent of the reforms.

NORML State Policies Manager Carly Wolf said: “This is a day to celebrate! New Mexico will greatly benefit from this new revenue stream and the creation of thousands of jobs. Most notably though, legalization will spare thousands of otherwise law-abiding residents from arrest and a criminal record, and the state’s new expungement law will help provide relief to many who are suffering from the stigma and other collateral consequences associated with a prior marijuana conviction.”

The adult-use measure (House Bill 2) permits those ages 21 and older to legally purchase up to two ounces of marijuana and/or up to 16 grams of cannabis extract from licensed retailers. It also permits adults to home-cultivate up to six mature plants for their own personal use. Retail sales would begin by April 2022.

The expungement measure (Senate Bill 2) stipulates that those with past convictions for offenses made legal under this act are eligible for automatic expungement of their records. Those currently incarcerated for such offenses are eligible for a dismissal of their sentence. It’s estimated that over 150,000 New Mexico residents are eligible for automatic expungement under this measure, according to the Department of Public Safety.

 

Cannabis Culture news in the Blade is provided in partnership with NORML. Visit norml.org for more information.

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Cannabis Culture

Delaware cannabis activists take on corporate marijuana

Criticism from medical marijuana operators claimed that HB150 offers too many cultivation and retail licenses

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cannabis regulation, gay news, Washington Blade

As the country moves forward with sweeping changes in cannabis policy reform, locals in Delaware are tangling with corporate, multi-state medical marijuana permit holders to pass a bill for full legalization.

Adult-use activists and registered medical patients were stunned to hear opposing testimony from Delaware’s medical marijuana operators. Patients already deal with limited access and costly products. Now, many see the established industry voicing opposition as simply obstructing the progress of adult-use legislation. In response, some patients are now staging a boycott of the regulated dispensaries.

During the first committee hearing for HB150, Delaware’s adult-use bill, four of the state’s six currently licensed, multi-million dollar medical cannabis facilities offered negative testimony.

Zoë Patchell, executive director of Delaware CAN responded: “This market belongs to the long-time consumers, patients, and activists. We create the demand, we’ve been the ones driving the reform efforts, and we pay the prices at dispensaries. Cannabis is more than a market – cannabis is a community. These companies cannot reasonably fathom that we are going to purchase cannabis from any entity that has proven to put profits over patients. And now they seem willing to put consumers’ lives and freedom at risk just to hold out for an unfair advantage in the industry.”

These included publicly traded Columbia Care, “Fresh Delaware” aka CCRI, CannTech Research Inc., and the owner of EZY Venture aka “The Farm.”

They all went on record condemning HB150, and pushing a false narrative about oversupply. The core demand from the permit cartel was some protection for their private business interests with guaranteed adult-use licenses.
Criticism from the medical marijuana operators claimed that HB150 offers too many new cultivation and retail licenses, underlined by deep yet unfounded fears that the new competition would put their companies out of business.

Patchell noted, “We are not going to sit back while multi-state corporate entities, that already monopolize East Coast medical markets, work to undermine our social equity and micro-license provisions.”

 

Cannabis Culture news in the Blade is provided in partnership with NORML. Visit norml.org for more information.

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Cannabis Culture

Virginia marijuana legalization takes effect July 1

Adult possession of cannabis up to one ounce without penalty

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Adam Ebbin, gay news, Washington Blade

Following legislative approval of Democratic Gov. Ralph Northam’s amendments to Senate Bill 1406 and House Bill 2312, Virginia became the first southern state to legalize the possession and use of marijuana by adults.

Senate Bill 1406, introduced by Sen. Adam Ebbin (D-30) and Senate President Pro Tempore Senator Louise Lucas (D-18), and House Bill 2312, patroned by House Majority Leader Delegate Charniele Herring (D-46), establish a statutory timeline for the legalization of the commercial marijuana market in Virginia. The measure also permits for the personal possession and cultivation of cannabis by those ages 21 or older.

Last week, Gov. Northam recommended changes to the legislation to permit the personal use provisions of the law to take effect on July 1, 2021 rather than on January 1, 2024, the enactment date initially approved by lawmakers. A majority of the legislature concurred with that change.

Therefore, beginning July 1, 2021, adults will be permitted to possess up to one ounce of marijuana and to cultivate up to four cannabis plants per household without penalty.
The timeline by which state regulators have to enact provisions licensing commercial cannabis production and sales remains July 1, 2024.

Commenting on final passage, NORML Development Director Jenn Michelle Pedini, who also serves as executive director of Virginia NORML, said: “This is an incredible victory for Virginia. Legalization will bring an end to the thousands of low-level marijuana infractions occurring annually in the Commonwealth — ending a discriminatory practice that far too often targets Virginians who are young, poor, and people of color.”

Majority Leader Charniele Herring added: “It is a huge day for equity in the Commonwealth. Virginia is now the first state in the South to legalize recreational marijuana use, and I am so proud to have been able to carry this monumental legislation.”

Sen. Ebbin said, “The passage of SB1406 caps off years of struggle to reform our broken and outdated marijuana laws and begins the deliberate steps to repeal the harms of the failed prohibition. I am thankful to NORML, the governor, and my colleagues for moving this 283 bill from inception to passage over the last four months, and look forward to continuing to partner with them to establish a regulated, equity focused, adult-use marketplace in the coming years.”

Newly released statewide polling data finds that 68 percent of registered voters in Virginia, including majorities of Democrats and Republicans, support legalizing marijuana for adults.

Additional amendments added by Gov. Northam will allow the sealing of records related to crimes involving the misdemeanor possession of marijuana with the intent to distribute. Those records will begin to be sealed starting on July 1, 2021. Separate legislation enacted in 2020 previously sealed records related to misdemeanor marijuana possession.

Records specific to the simple possession of marijuana and/or misdemeanor possession with intent to distribute records will be automatically expunged no later than 2025. Those with records specific to crimes involving the felony possession of marijuana with the intent to distribute may begin to petition the courts for an expounging of their records in 2025.

The bill also allows for the re-sentencing of individuals currently incarcerated for marijuana-related offenses. The measure permits those individuals to have a hearing before the court that originally sentenced them, with legal counsel provided for indigent individuals. However, this portion of the bill must be reenacted in 2022.

The legislation also establishes an independent agency, the Virginia Cannabis Control Authority, to oversee the establishment of regulations that will govern the adult-use market. This agency is set to convene this summer. The remainder of the 300-page bill, which details the regulatory and market structure and social equity provisions, is subject to a second review and vote by the Assembly next year.

 

Cannabis Culture news in the Blade is provided in partnership with NORML. Visit norml.org for more information.

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