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2018 Was A Major Year For Cannabis Legislation And 2019 Is Shaping Up To Be Much Bigger

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Lawmakers across the country are introducing, debating and voting on more marijuana legislation than ever before.

In 2018, Marijuana Moment tracked 915 bills in state legislatures and Congress concerning cannabis, medical marijuana and hemp. According to our legislative analysis platform, a huge majority of states—92 percent—took up cannabis reform bills of some kind during the year.

This year, legislators in state capitols and on Capitol Hill have already filed more than 350 cannabis-related proposals for 2019 sessions that in most cases began only weeks ago. If 2018 is any indication, this year should see a sizable number of those bills making it to governors’ desks for enactment.

In 2018, a significant percentage of filed marijuana legislation moved forward, with at least 147 bills being signed or enacted in 35 states and the District of Columbia.

Those that made it across the finish line ranged from far-reaching proposals such as the legalization of cannabis possession and home cultivation in Vermont to more modest regulatory measures like Colorado bills concerning marijuana waste recycling and water use for hemp cultivation.

Twenty-eight of the bills that were enacted concerned hemp, while 48 were related to medical cannabis or cannabidiol (CBD).

Others had to do with regulating newly legal markets. Not surprisingly, California had the most legislation passed (26 bills), as the state attempted to implement its voter-approved legalization system. Among the enacted legislation in the Golden State were items touching on issues like medical cannabis recommendations by veterinarians, marijuana advertisements and cannabinoid-infused alcoholic beverages. An additional 29 bills died or were vetoed by Governor Jerry Brown.

Colorado was next, with 18 bills signed and three vetoed.

Hawaii, it turns out, dealt with the greatest volume of cannabis bills overall. Six were enacted but an astonishing 103 additional proposals died in committee, failed or were vetoed. That number accounts for 11 percent of all the cannabis bills we tracked across the country in 2018.

While a few states like South Dakota only had one bill, fourteen individual states dealt with 20 or more pieces of legislation each.

New Jersey saw 57 cannabis-related bills, with only one making it all the way to the end of the legislative process: A measure to create a pilot program to research industrial hemp cultivation.

California lawmakers considered 55 bills, New York weighed 48 and Washington State saw 45 pieces of cannabis legislation filed.

States that dealt with 20 or more pieces of cannabis legislation in 2018:

State
Total number
of bills
Hawaii 109
Federal 64
New Jersey 57
California 55
New York 48
Washington 45
Maryland 32
Colorado 31
Tennessee 31
Iowa 28
Michigan 28
Virginia 28
Arizona 22
Maine 20

Justin Strekal, political director for NORML, told Marijuana Moment that the organization’s chapters across the country are seeing “increased interest and increased support from lawmakers from every part of the political spectrum.”

“As politicians see the public moving ahead of them, they are rapidly evolving their stance regarding marijuana.”

There is plenty of political resistance remaining, however. A majority of cannabis-related legislation introduced last year—529 bills—failed, died or were vetoed.

Maine was the only state where legislators overrode a gubernatorial veto in order to implement a regulatory system for the recreational marijuana law that the state’s voters approved in 2016.

Meanwhile, Vermont became the first state to legalize marijuana via an act of lawmakers as opposed to through a ballot measure. Legislators in the Commonwealth of the Northern Mariana Islands, a U.S. territory, followed by passing a legalization bill of their own.

“Last year’s tremendous amount of legislative activity surrounding cannabis, hemp and CBD legislation reflected that elected officials are increasingly getting the message that the harsh criminalization of marijuana in all its forms is misguided and out of step with the the wishes of voters,” Karen O’Keefe, director of state policies for the Marijuana Policy Project, told Marijuana Moment.

At the federal level, 2018 marked the first time stand-alone cannabis bills advanced though congressional committees.

In May, the House Veterans’ Affairs Committee approved legislation encouraging the federal government to study the benefits of medical cannabis for military veterans. Then, in September, the House Judiciary Committee passed a bill that would force the Department of Justice to approve new businesses to cultivate marijuana to be used in scientific research.

Neither proposal ended up getting a floor vote, but their historic committee approvals demonstrated momentum ahead of the new 116th Congress, in which advocates are more hopeful than ever before that marijuana legislation could advance to enactment.

An additional 59 cannabis-related congressional bills stalled without hearings or votes, though it is also worth noting that lawmakers approved, and President Trump signed, a large-scale Farm Bill renewal that included language legalizing industrial hemp and its derivatives.

Back at the state level, O’Keefe is optimistic that efforts made in 2018 will pay off in 2019. “Several states saw committee wins or other progress that will help set the ground for eventual passage,” she said.

In New Jersey, for example, Senate and Assembly committees approved a bill to legalize marijuana in November but, due to an ongoing inability to agree with Gov. Phil Murphy (D) on tax rates and regulatory matters, legislative leaders didn’t bring the proposal to the floor of either chamber by the end of the year. Those negotiations are still underway, with advocates hopeful that agreeable language can be worked out early in 2019.


Marijuana Moment is currently tracking more than 350 key cannabis bills in state legislatures and Congress for 2019 sessions. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

We followed more than 900 pieces of cannabis legislation in 2018. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Strekal agrees that this year will be another especially active one for cannabis legislation. “There will be greater numbers of legislation introduced,” he predicts, as well as an increase in those pieces of legislation “receiving hearings, passing committees, being passed by legislative votes and being enacted by governors.”

Status of cannabis bills considered in 2018, by state:

Photo elements courtesy of rawpixel and Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Polly has been creating print, web and video content for a couple of decades now. Recent roles include serving as writer/producer at The Denver Post's Cannabist vertical, and writing content for cannabis businesses.

Culture

Lots Of Politicians And Companies Are Tweeting About Marijuana On 4/20

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It’s 4/20 again, and that means another slew of tweets from politicians and mainstream brands looking to use the marijuana holiday as a hook to get their message out.

Here’s a roundup of some of the best, funniest, most important or otherwise notable cannabis-related tweets of the day…

Sen. Cory Booker (D-NJ), a presidential candidate:

Sen. Bernie Sanders (I-VT), a presidential candidate:

Sen. Kamala Harris (D-CA), a presidential candidate:

Sen. Kirsten Gillibrand (D-NY), a presidential candidate:

Rep. Tulsi Gabbard (D-HI), a presidential candidate:

Rep. Eric Swalwell (D-CA), a presidential candidate:

Former Rep. Beto O’Rourke (D-TX), a presidential candidate:

Former Sen. Mike Gravel (D-AK), a presidential candidate:

Washington State Gov. Jay Inslee (D), a presidential candidate:

Former San Antonio, Texas Mayor Julián Castro (D), a presidential candidate:

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

Los Angeles, California City Council President Herb Wesson (D):

Cook County, Illinois State’s Attorney Kim Foxx (D):

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

Ben & Jerry’s Stands Out From Companies Just Trying To Make Money From 4/20

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Politics

State-Legal Marijuana Use Makes Immigrants Morally Unfit for Citizenship, Trump Administration Warns

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A federal immigration agency clarified on Friday that using marijuana or engaging in cannabis-related “activities” such as working for a dispensary—even in states where it’s legal—is an immoral offense that makes immigrants ineligible for citizenship.

When applying for naturalization, the process of gaining citizenship, individuals must have established “good moral character” in the five years preceding the application. Good moral character is a vague requirement that has been criticized by scholars and civil rights advocates, as assessing morality is arguably subjective.

According to the U.S. Citizenship and Immigration Services (USCIS), state-legal marijuana consumption renders individuals morally unfit for citizenship. The new policy clarification reflects a sentiment once expressed by former Attorney General Jeff Sessions, who said that “good people don’t smoke marijuana.”

The USCIS memo says that “violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law.”

Further, an applicant “who is involved in certain marijuana related activities may lack GMC if found to have violated federal law, even if such activity is not unlawful under applicable state or foreign laws,” the document says. The policy also applies to individuals who worked in the state-legal cannabis industry.

There have already been reports of people being denied citizenship due to their proximity to state-legal marijuana businesses. Earlier this month, Denver Mayor Michael Hancock hosted a group of immigrants who said their work in the state’s cannabis industry was being used as justification by federal officials to deny them citizenship.

“In Colorado, cannabis has been legal for 5 years. For work in a legal industry to be used against an individual trying to gain citizenship is a prime example of why we need to harmonize our state and federal laws to ensure that states like Colorado that have moved to legalize cannabis can act in our own authority to expand and regulate our cannabis industry,” Rep. Joe Neguse (D-CO), told Marijuana Moment in reaction to the Trump administration memo.

Legalization activists also criticized the move.

“The cruel treatment of immigrants for offenses related to something as minor as marijuana is illustrative of the way this administration has used the war on drugs to pursue communities of color,” Michael Collins, director of national affairs at the Drug Policy Alliance, told Marijuana Moment. “It also shows that pursuing a state by state approach to federal policy doesn’t work for these communities. Federal descheduling is essential.”

While the federal policy deeming marijuana use a violation of “good moral character” standards for immigration purposes was already on the books, it seems the spread of state-level cannabis legalization has prompted the agency, which is part of the Department of Homeland Security, to issue the clarification.

“A number of states and the District of Columbia (D.C.) have enacted laws permitting ‘medical’ or ‘recreational’ use of marijuana. Marijuana, however, remains classified as a ‘Schedule I’ controlled substance under the federal CSA,” the updated USCIS policy manual now reads. “Schedule I substances have no accepted medical use pursuant to the CSA. Classification of marijuana as a Schedule I controlled substance under federal law means that certain conduct involving marijuana, which is in violation of the CSA, continues to constitute a conditional bar to GMC for naturalization eligibility, even where such activity is not a criminal offense under state law.”

“Such an offense under federal law may include, but is not limited to, possession, manufacture or production, or distribution or dispensing of marijuana. For example, possession of marijuana for recreational or medical purposes or employment in the marijuana industry may constitute conduct that violates federal controlled substance laws. Depending on the specific facts of the case, these activities, whether established by a conviction or an admission by the applicant, may preclude a finding of GMC for the applicant during the statutory period. An admission must meet the long held requirements for a valid ‘admission’ of an offense. Note that even if an applicant does not have a conviction or make a valid admission to a marijuana-related offense, he or she may be unable to meet the burden of proof to show that he or she has not committed such an offense.”

The underlying policy does provide an exception for “a single offense of simple possession of 30 grams or less of marijuana.”

An additional update to the policy manual stipulates that the exception “is also applicable to paraphernalia offenses involving controlled substances as long as the paraphernalia offense is ‘related to’ simple possession of 30 grams or less of marijuana.”

That detail wasn’t included in an earlier 2014 version of the USCIS policy manual.

The policy alert is similar to an update the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued in 2017 when the federal gun purchase application form was revised to include a warning that the “use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside” and therefore disqualifies applicants.

But the USCIS clarification also reflects a recent ratcheting up of anti-immigration policy moves under the Trump administration.

Jason Ortiz, vice president of the Minority Cannabis Business Association, told Marijuana Moment that the new memo reflects a “callous and irrational decision” by the administration and “is a reminder that without comprehensive cannabis reform our communities of color will continue to be prosecuted and subject to deportation for activity that is legal for affluent communities around the country.”

“Proposals such as the STATES act which seek to simply ease the risk on business do not address these deeper issues related to federal prohibition,” he said. “Considering the devastating effects our war on drugs had on Latin America, immigration reform must be a necessary component of any comprehensive cannabis legalization policy.”

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Politics

USDA Clarifies That Farmers Can Import Hemp Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) clarified on Friday that hemp seeds can be imported into the U.S., and that the Justice Department no longer has a role in that process.

While USDA is still developing regulations for hemp cultivation under the 2018 Farm Bill, which federally legalized the crop and its derivatives, farmers can still obtain seeds in the meantime.

The agriculture legislation “removed hemp and hemp seeds from DEA authority for products containing THC levels not greater than 0.3 percent” and “DEA no longer has authority to require hemp seed permits for import purposes.”

“U.S. producers and hemp seed exporters have requested assistance from USDA to provide an avenue for hemp seed exports to the United States,” the department wrote in a bulletin. “The U.S. Department of Agriculture regulates the importation of all seeds for planting to ensure safe agricultural trade. Under this authority, USDA is providing an alternative way for the safe importation of hemp seeds into the United States.”

Sen. Jon Tester (D-MT) is among those who’ve requested assistance related to hemp importations. Earlier this month, he told Agriculture Secretary Sonny Perdue that the DEA was blocking Montana farmers from importing hemp seeds.

Perdue said during the hearing that the matter was “news to me” and explained that farmers can import and cultivate hemp under the research-focused provisions in the prior 2014 version of the legislation while the USDA worked to enact new regulations.

In a letter sent to the acting administrator of Customs and Border Protect (CBP) on Tuesday, Tester and Sen. Patrick Leahy (D-VT) raised the concern again, imploring CBP to update its policy to reflect that hemp seeds can be lawfully imported. The letter was obtained by the industry advocacy group Vote Hemp.

The USDA bulletin specified how the process works for imports from Canada and other countries.

Importation of Hemp Seed from Canada

“Hemp seeds can be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected; or 2) a Federal Seed Analysis Certificate (SAC, PPQ Form 925) for hemp seeds grown in Canada.”

Importation of Hemp Seed from Countries other than Canada

“Hemp seeds may be imported into the United States from countries other than Canada if accompanied by a phytosanitary certificate from the exporting country’s national plant protection organization to verify the origin of the seed and confirm that no plant pests are detected.

Hemp seed shipments may be inspected upon arrival at the first port of entry by Customs and Border Protection (CBP) to ensure USDA regulations are met, including certification and freedom from plant pests.”

The rulemaking process for hemp may take some time, as Perdue said the department would not expedite the regulations and will be “taking this slow.” Once the USDA has a regulatory framework in place, it will begin approving state plans, and those states will be the primary regulators.

For the time being, however, there’s nothing stopping farmers from collecting certified hemp seeds. Not even the DEA.

Trump Agriculture Secretary Accepts Invitation To Tour Hemp Farms

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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