Later this year, Alaska marijuana consumers will be able to buy their cannabis and smoke it, too—all under the same roof.
Adults 21 and over can buy regulated and taxed cannabis from licensed storefront dispensaries in a growing number of U.S. states—but until Alaska Lt. Gov. Kevin Meyer (R) signed new regulations into law on Tuesday, no states had been in the business of issuing permits authorizing on-site consumption.
There are some dispensaries in California that allow cannabis users to consume their purchases on-site in accordance with local policy—nearly all of which are in San Francisco, which permitted such use in the medical marijuana era—and businesses in Denver can apply for permits to allow vaporizing.
But other than that, thus far in the legalization era, a safe place (other than one’s own private home) to sit and consume legally purchased cannabis has been elusive. As in every other state where marijuana is legal, outdoor smoking is illegal. Cannabis consumers in certain rental housing risk fines or eviction for using the legal substance.
Now, licensed retail businesses in Alaska will be able to begin applying for a “special onsite use endorsement” from the state beginning April 11.
Meyer’s sign-off follows approval from the Alaska Marijuana Control Board in December, and comes after what the Anchorage Daily News characterized as “years of back-and-forth” over whether regulators would license marijuana use as well as sales that began in 2015, shortly after Alaska voters legalized recreational cannabis.
It’s unclear when the first Alaska marijuana smoking lounges will open for business, but industry observers said it was unlikely it would happen before mid-July.
“This is something that’s not happening anywhere else in the U.S. yet,” Cary Carrigan, executive director of the Alaska Marijuana Industry Association, told the Associated Press. “As we start to develop this, people are really looking at us, so I know that everybody wants to get it right.”
Under the new rules, consumption area would have to be physically separated from retail spaces, either by a wall and a “secure door” or an outdoor patio. Businesses would have to provide security plans and adequate ventilation.
The policy also allows local governments to prohibit on-site use outright or to tighten restrictions, such as limiting consumption to vaporizing only.
Lawmakers in Oregon are considering legislation to allow marijuana social use areas.
This story has been updated to clarify on-site cannabis usage policies in other states.
Photo courtesy of Martin Alonso.
U.S. Postal Service Issues Advisory On Mailing Hemp-Derived CBD
The U.S. Postal Service (USPS) quietly issued an advisory earlier this month clarifying rules around mailing cannabis preparations, saying that “some CBD products derived from industrial hemp can be mailable under specific conditions.”
The memo also signals that USPS will further loosen restrictions in the future in light of the passage of the 2018 Farm Bill, which federally legalized industrial hemp.
For now, the current advisory, which was first reported by the marijuana law blog Knight On Cannabis, stipulates that it is legal to mail hemp-derived CBD products in compliance with research-focused provisions of the earlier 2014 version of the federal agriculture legislation.
However, postal customers must first take certain steps such as providing a signed self-certification statement and documentation confirming the hemp producer is licensed through a state agriculture department.
Hemp mailed through USPS must also contain 0.3 percent THC—a policy that’s consistent with both the 2014 and 2018 Farm Bill definitions of hemp.
“The Postal Service has received an increasing number of requests to transport CBD oil and products containing CBD in Postal Service networks,” Travis D. Hayes III, a USPS business program specialist wrote in the March 4 advisory.
The federal agency said that the new instructions are due to change, given the broader legalization of hemp and its derivatives through the 2018 Farm Bill.
“Postal employees should be aware that the Agricultural Improvement Act of 2018 was recently signed into law,” the memo says. “This legislation removes industrial hemp from regulation under the Controlled Substances Act.”
But the agency said that it would wait until the legislation “is fully implemented” before it will “modify the mailability criteria for CBD and other cannabis products.”
The U.S. Department of Agriculture (USDA) is in charge of creating and implementing general regulations for hemp—instead of the Justice Department, which formerly oversaw enforcement against the crop—but it’s not clear when those rules will be formalized. Lawmakers and stakeholders have pressured the department to get the ball rolling, and it held a listening session last week to gather input from states and other interested parties.
But Agriculture Secretary Sonny Perdue has tried to temper expectations, emphasizing the need to “proceed slowly” given the crop’s complexity and saying that USDA plans to have its regulations ready for the 2020 growing season.
“We’re proceeding very judiciously obviously because of the uniqueness of the crop hemp and its relationship to other crops that we’re not encouraging,” he said last month, referring to marijuana.
While the USPS said that it issued the advisory because it was receiving an influx of inquiries about the rules governing mailing CBD, Knight On Cannabis suggested that it was prepared as a response to a legal dispute from last year surrounding the postal service’s seizure last year of hemp-derived CBD products that had been lawfully mailed.
Read the full USPS memo on mailing hemp-derived CBD below:
USPS CBD Hemp Clarification by on Scribd
Photo courtesy of Wikimedia/Kevin Payravi.
New Jersey Lawmakers Approve Marijuana Legalization Bill
New Jersey Assembly and Senate committees voted in favor of companion bills that would legalize marijuana and provide for the expungement of prior cannabis convictions on Monday.
The Assembly Appropriations Committee voted 6-1, with two abstentions, to advance the bill, which was amended at the last minute to broaden expungement provisions and revise the tax structure of a legal cannabis system.
The Senate Judiciary Committee also approved its version of the legalization legislation in a 7-4 vote, with one abstention.
“When I think of [the bill], I think of two words: opportunity and hope,” Assemblywoman Annette Quijano (D), who sponsored the legislation, said at the hearing.
— NJAssemblyDemocrats (@njassemblydems) March 18, 2019
“There have been far too many people, especially those from Black and Hispanic communities, who have been negatively impacted by the criminalization of cannabis,” she added in a press release. “It is time we listen to the will of the majority of New Jerseyans and take a common-sense approach to regulation of cannabis. This bill is a huge first step.”
The Assembly and Senate committees also approved separate companion bills to revise requirements to qualify for medical cannabis in the state. And another piece of legislation revising the procedure for expunging various criminal records also passed both committees.
“This legislation is critically important as we move toward legalization of adult-use cannabis in New Jersey,” Assembly member Jamel Holley (D), who sponsored the expungement bill, said in a press release. “Without this bill, many residents would continue to be affected by the criminalization of small amounts marijuana as a result of prior convictions long after the laws change.”
“Broader regulation around expungement will give residents the opportunity to right the wrongs of the past and clean the slate, enabling them to gain employment and seize the opportunities life presents them,” Holley said.
The committee wins come one week after Gov. Phil Murphy (D) and leaders in both chambers announced that they’d reached an agreement on legalization legislation following months of contentious negotiations. Conflicting stances on certain aspects of regulations—namely the tax rate—were resolved, but the last-minute amendments caused hours-long delays in both committee hearings on Monday.
The governor also included legalization revenue in his budget proposal earlier this month, projecting $60 million in resulting tax monies for the 2020 fiscal year.
Murphy worked the phones throughout the day to rally support for the legislation, whose ultimate fate remains murky on the Senate floor, where the final showdown could come next week.
With committees in the NJ senate and assembly set to debate marijuana today, @GovMurphy has called "dozens of lawmakers and activists" today to push them on the issue
— Nick Corasaniti (@NYTnickc) March 18, 2019
“There’s no question it’s going to take a village on this one,” the governor said. “I am all in on this. We have to get this done.”
“We’re going to have to put everything into this. There is only one state in America that has done this legislatively. Public opinion is overwhelmingly in favor of this. We’re not only expunging and undoing a whole lot of social injustices but creating a new industry. This is not an easy lift.”
While the Assembly committee approved the bill first, it was less clear whether the Senate committee would push the bill forward. In the run-up to the vote, Sen. Kip Bateman (R) complained that the committee hadn’t seen the final version of the bill and said he would be voting “no.”
Legalizing #marijuana would have an enormous impact on all of our communities. Asking us to form an opinion without seeing the full details of the bill is an incredibly irresponsible way to govern. https://t.co/S13xYhukhk
— Senator Kip Bateman (@KipBateman) March 18, 2019
“Legalizing marijuana would have an enormous impact on all of our communities. Asking us to form an opinion without seeing the full details of the bill is an incredibly irresponsible way to govern,” Bateman said.
Sen. Michael Doherty (R) also voiced his opposition to the legislation on Monday, calling the bill “a deal with the devil that sacrifices children and communities for short-term political gain.”
I'm voting "no" on marijuana legalization today in the Senate Judiciary Committee. The proposal is a deal with the devil that sacrifices children and communities for short-term political gain. https://t.co/vODT0Nq1B7
— Senator Mike Doherty (@mikedohertynj) March 18, 2019
Before the legalization bill was formally debated by the Assembly panel, Newark Mayor Ras Baraka (D) was given an opportunity to speak. He’s one of several New Jersey mayors who demanded that legalization legislation include a provision to automatically expunge the records of people with prior cannabis conviction, or else their respective municipalities wouldn’t allow marijuana businesses.
Baraka said that he wasn’t going to voice his opinion on the bill one way or the other, but simply wanted to reiterate his position on expungements.
"There should be no onus put on the individuals at all to go through any process to get this done," Baraka says of bill's expungement component, which requires person to apply for expungement for weed criminal offenses
— Daniel Munoz (@DanielMunoz100) March 18, 2019
“If we are going to legalize marijuana in the state of New Jersey, then we should remedy all of the folks who have been victimized by a war on drugs,” he said. “We believe that the onus should not be put on the individual but in fact should be put on the state itself.”
Murphy said that a “virtual expungement” process was achievable, and that did make it into the amended legislation, but he argued that automatic expungements “is functionally not possible.”
The legislation would allow adults 21 and older to possess, consume and purchase certain amounts of cannabis.
A five-member commission would be responsible for studying the effects of legalization and ensuring social equity in the marijuana industry. It would also be charged with approving licenses for cannabis cultivators, processors, wholesalers and retailers.
Marijuana deliveries and social consumption sites would be allowed, but home cultivation would be prohibited.
“Today’s votes are an important step toward legalizing adult-use marijuana in New Jersey. Although this bill is not perfect, we greatly appreciate the changes that the sponsors of the legislation have made based on the recommendations of advocates,” Roseanne Scotti, New Jersey state director for the Drug Policy Alliance, said in a press release. “While we are encouraged by the inclusion of provisions that our coalition has advocated for – such as expanded expungement – to better address fairness and equity, we are disappointed that there is no provision that allocates tax revenue generated by marijuana sales back to the communities most harmed by marijuana prohibition.”
New Jersey lawmakers previously approved a legalization bill during a joint session of Senate and Assembly committees last year, but the legislation in its original form did not advance to full floor votes in light of the ongoing negotiations between Murphy and Assembly and Senate leaders.
This story has been updated to reflect the Senate committee’s votes.
Photo courtesy of Philip Steffan.
Pennsylvania Senators Release Details On Marijuana Legalization Bill
Details of a soon-to-be introduced bill that would legalize marijuana in Pennsylvania were released on Monday.
The legislation, which is being sponsored by Sens. Daylin Leach (D) and Sharif Street (D), places an emphasis on not only legalizing cannabis for adult use but also implementing a variety of social equity and small business-focused provisions, according to an outline of the proposal.
Under the heading “Innovation,” the document details how the state’s medical cannabis seed-to-sale tracking system would be eliminated, home delivery and public consumption sites would be permitted and universities would be allowed to grow and process cannabis as part of classes on the marijuana industry.
Home cultivation of up to six cannabis plants per household would also be allowed.
While the tax rate for retail marijuana sales is not specified in the outline, and the formal legislative language has not yet been filed, the goal will be to set a rate that “balances the need to undermine any illegal market and the needs to both pay for regulation of the industry and invest in those harmed by prohibition.” Most of the revenue from those taxes will go toward funding public education programs.
“We’ve had a cruel, irrational and expensive policy on cannabis for more than 80 years,” Leach said in a press release. “Prohibition has destroyed countless lives and has cost our taxpayers millions of dollars. It’s time we walk into the bright sunshine of enlightenment and stop arresting our kids and funding violent drug cartels.”
“This will be a tough battle, but so was passing medical marijuana. We did that, and we will do this. The stakes are too high for us to fail.”
It's official. After months of work, Senator Street and I have dropped our Adult-Use Cannabis co-sponsorship memo. If you'd like to see what's in it, you can look here. Now, we need everyone's help getting it passed! #CannabisCommunity #CannabisNews https://t.co/D5m5uJjGFK
— Daylin Leach (@daylinleach) March 18, 2019
On the business side of things, there wouldn’t be a cap on the number of marijuana business licenses that could be approved. Micro licenses for cannabis cultivation would be available in a three-tier system, which is meant to help people from communities that have been disproportionately impacted by the drug war participate in the legal industry.
According to a cosponsorship memo, the legislation would create a “statewide cannabis business incubator that provides free training to Pennsylvanians who want to learn how to start and run a cannabis business.” People who’ve been harmed by prohibition and complete the incubator program would also have access to state grants and low-interest capital loans.
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Restorative Justice must be a part of any effort to legalize the use of cannabis anywhere. An end to the prohibition of cannabis in Pennsylvania is overdue. The economic imperatives for our commonwealth are too great as is our moral mandate to correct the damage that disparate enforcement of our Marijuana Laws has done throughout numerous communities in Philadelphia and across the commonwealth. Join me in passing Senate Bill 350. Visit www.senatorsharifstreet.com/sb350 to learn more about this historic legislation. #Letsgrowpa #legalizepa
“An end to the prohibition of cannabis is overdue,” Street said. “It is time for us to join the emerging cannabis economy with the legalization of the Adult Use of Cannabis in PA., which should not be a crime when responsibly used by adults nor mandate medical oversight.”
“The economic imperatives are too great. We also have a moral mandate to correct the damage that disparate enforcement of our Marijuana Laws has done and is still doing to communities across the commonwealth.”
An end to the prohibition of cannabis in PA is overdue, the economic imperatives equal the moral mandate to correct damage that disparate enforcement of Marijuana laws has done throughout numerous communities.
Visit https://t.co/vYCHYGmIXK #legalizepa #letsgrowpa #CannabisNews pic.twitter.com/ClzHBen5Ou
— Sen. Sharif Street (@SenSharifStreet) March 18, 2019
A separate bill to legalize marijuana in the state was introduced in the House last month. It currently has 27 cosponsors. It remains to be seen whether such legislation has enough support to pass in either Republican-controlled chamber of the legislature.
That said, Gov. Tom Wolf (D) recently shifted from saying the state is not ready for legalization to arguing that “it is time for Pennsylvania to take a serious and honest look at recreational marijuana.”
In the meantime, Lieutenant Gov. John Fetterman (D), who is vocally supportive of legalization and was endorsed by NORML in his election bid last year, is in the process of visiting all of the state’s 67 counties as part of a listening tour that’s meant to collect public input on marijuana reform.
.@JohnFetterman wants to know what every Pennsylvanian thinks about legalizing recreational marijuana. That's why he's going on a listening tour to all 67 PA counties. Stay tuned for dates and details on how to submit your thoughts. pic.twitter.com/buqOwi4B2F
— Governor Tom Wolf (@GovernorTomWolf) January 24, 2019
“Cannabis prohibition was built on lies and racism and has resulted in literally hundreds of thousands of Pennsylvanians suffering criminal convictions merely because they chose a plant instead of an alcoholic beverage,” Pittsburgh NORML executive director Patrick Nightingale said in the press release. “Adult-use reform will save almost 20,000 Pennsylvanians from arrest and prosecution annually. Reform will also help affected Pennsylvanians expunge cannabis-related offenses from their record.”
“We are confident that an open and honest conversation about the risks and rewards of adult-use reform will help those critical of legalization to understand that it can be done responsibly and in a manner that protects our youth and our motorists,” he said.
Photo courtesy of Mike Latimer.