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American Bar Association Urges Congress To Let States Set Their Own Marijuana Policies

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The American Bar Association (ABA) adopted a resolution on Monday that calls on Congress to allow states to set their own marijuana policies and recommends rescheduling or descheduling cannabis under federal law.

Members of the ABA House of Delegates approved the measure at the organization’s annual meeting in San Francisco and, according to the ABA Journal, it was broadly supported—passing “without audible opposition”—even after proponents waived their time to speak.

Though ABA specified that it was not taking a position on marijuana legalization generally, it recognized that conflicting federal and state cannabis policies are untenable and have created complications for cannabis businesses operating in compliance with state law. That includes a lack of access to financial services that lead such companies to operate on a largely cash basis, making them targets for crime.

The resolution states that ABA “urges Congress to enact legislation to exempt from the Controlled Substances Act (CSA) any production, distribution, possession, or use of marijuana carried out in compliance with state laws.”

ABA, an association established in 1878 that now touts 411,000 members, also wants Congress to “enact legislation to remove marijuana from Schedule I of the Controlled Substances Act,” which could involve placing it in a less restrictive category or removing it from the list of federally controlled substances altogether.

Finally, the resolution recommends that Congress pass legislation to “encourage scientific research into the efficacy, dose, routes of administration, or side effects of commonly used and commercially available cannabis products in the United States.”

A report attached to the measure provides context on state-level legalization efforts, the history of federal prohibition and the “resulting regulatory quagmire.”

“There is an obvious tension between marijuana’s Schedule I status – which prohibits marijuana in virtually all circumstances—and state regulatory reforms—which increasingly authorize marijuana for at least some purposes,” ABA wrote. “While state and federal law often diverge—on everything from environmental to workplace laws—marijuana policy is the only area where the states regulate and tax conduct the federal government nearly universally prohibits.”

The temporary protections that lawmakers have been able to secure for medical cannabis states and guidance memos from the Justice Department are not enough to relieve the regulatory tension produced by federal prohibition, ABA argued. While the House approved a budget rider that would extend protections to adult-use programs, it’s not clear how that will fare in the Senate—and even if it passes, it must be annually renewed, creating uncertainty.

More fundamentally, however, because the spending riders operate only as a restraint on Justice Department action, they have not prevented other parties from using federal law against state-compliant marijuana businesses and users.

ABA listed various problems that these businesses face under the current regulatory framework: a lack of access to banking services, “unusually high federal taxes,” no federal protection for their trademarks and an increased number of private lawsuits.

“No one should be satisfied with the regulatory quagmire that has resulted from the unresolved tension between state reforms and federal law.”

The report goes on to describe how its recommendations would help resolve some of these issues.

Passing legislation such as the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act would mean “marijuana businesses could obtain banking and legal services, deduct their reasonable business expenses when computing their federal tax liability, obtain federal protection for their trademarks, avoid civil RICO liability, and so on.”

What’s more, Congress could attach provisions to such legislation that would establish a basic federal framework for state cannabis programs by “incentivizing states to adopt and maintain careful controls on marijuana activities,” including age restrictions for adult-use programs.

But creating an exemption for legal cannabis states under the CSA wouldn’t fix all of the problems that federal prohibition is created, which is why ABA also made a scheduling recommendation.

It said that knowledge about marijuana’s risks and benefits has evolved in the years since the drug was placed in Schedule I of the CSA and that it no longer made sense to schedule cannabis in the same category as substances that are decidedly more dangerous. Loosening federal restrictions by rescheduling it could help, but “Congress could even choose to remove marijuana from the CSA altogether, in the same way it exempted alcoholic beverages and tobacco from the statute’s coverage in the first instance,” ABA wrote.

The final part of the resolution discusses the need to support research into cannabis. One area that could be quickly improved is in the sourcing of research-grade marijuana. ABA noted that the Drug Enforcement Administration (DEA) announced in 2016 that it is accepting applications for additional cannabis manufacturers, which could bolster research, for example. Coincidentally, ABA’s resolution on the topic was approved exactly three years after DEA made that announcement, which the agency still has yet to act on.

The measure “urges Congress to actively support scientific research on marijuana,” ABA wrote. “As greater scientific knowledge of the benefits and harms of marijuana develops, Congress and the states can work together to ensure that the benefits of marijuana can be realized while the harms of the drug are properly addressed. Encouraging careful scientific study of marijuana will be beneficial regardless of the direction of marijuana law reform in the future.”

“You can’t do massive blind studies because everyone who does it is afraid they’ll get prosecuted,” Stephen Saltzburg, who moved the resolution, told ABA Journal. “We should have that research. We ought not to have states and [the federal government] flying blind.”

Read the full ABA marijuana resolution and report below:

ABA marijuana resolution by Marijuana Moment on Scribd

DEA Still Hasn’t Acted On Marijuana Grower Applications It Requested Three Years Ago

Photo courtesy of 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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Santa Cruz City Council Approves Psychedelics Decriminalization Measure

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The Santa Cruz, California City Council unanimously voted in favor of a resolution on Tuesday that would effectively decriminalize a wide range of psychedelics by making them among the city’s lowest law enforcement priorities.

The measure—which was originally sponsored by then-Vice Mayor Justin Cummings (D), who’s since become mayor—says the city shouldn’t expend “resources in the investigation and arrest of persons twenty-one (21) years of age and older solely for the personal use and personal possession of Entheogenic Plants and Fungi” such as psilocybin, ayahuasca and ibogaine.

It further stipulates that possession and use of psychedelics by adults “should be considered among the lowest law enforcement priorities for the City of Santa Cruz.”

This is the latest in a series of local policy victories for the psychedelics reform movement, which kicked off with a successful ballot measure vote in Denver to decriminalize psilocybin mushrooms last May. Oakland’s City Council then unanimously approved a measure to make a broad range of plant- and fungi-derived psychedelics among the city’s lowest law enforcement priorities.

Now activists across the country are hoping to replicate that resolution, with organizers in roughly 100 cities aiming to decriminalize certain psychedelic substances through ballot initiatives and legislative action at the local level.

In November, Santa Cruz’s City Council heard testimony from the group behind the resolution, Decriminalize Santa Cruz. It was then referred to the Public Safety Committee and was amended prior to returning to the full body for a final vote.

Councilmembers revised the original measure in order to “to recognize the need for harm reduction and education for youth and families about drug prevention.” A provision was also inserted to clarify that “the sale, use and cultivation of Entheogenic Plants and Fungi to and by minors should be considered an exception that should require appropriate investigation by the Santa Cruz City Police Department.”

The word “cultivation” was also removed from provisions specifying the measure’s scope. But before the full Council vote on Tuesday, several advocates used the public comment portion of the meeting to urge that it be added back in, and members adopted that request before approving the final resolution.

“With possession and use being inserted without cultivation, that actually encourages the black market because there’s nowhere else to go,” Cummings, the mayor, said. “If people are are cultivating at themselves they know exactly what they’re producing.”

Activists celebrated their city becoming the third in the U.S. in less than a year to decriminalize certain psychedelic substances.

“These eight months we’ve been working on the resolution, I’ve met so many people whose lives were saved by entheogenic plants and fungi,” Julian Hodge, a founder of Decriminalize Santa Cruz and a member of Students for Sensible Drug Policy, told Marijuana Moment. “The Santa Cruz City Council took a great step to help those people today. I am incredibly proud to be part of this movement, and can’t wait to see the change we continue to make in the future.”

Another provision of the measure instructs the city’s state and federal lobbyists to “work in support of decriminalizing all entheogenic psychoactive plants, and plant and fungi-based compounds listed in the Federal Controlled Substances Act.”

Beyond Decriminalize Santa Cruz, a newly formed group called Project New Day also advocated for the reform move. The organization, which is focused on promoting research into psychedelics for the treatment of addiction and other mental health conditions, sent a press release on Tuesday highlighting comments from a military veteran who overcame addiction with the help of medically supervised psychedelics treatment.

“Psychedelic-assisted therapy saved my life,” Dylan Jouras said. “It’s important that people know there is an effective way to get better from addiction and deep mental health issues.”

While the local Santa Cruz resolution wouldn’t allow legal sales of psychedelics, another group of advocates is currently collecting signatures toward placing a broad statewide psilocybin legalization initiative before California voters on the November ballot.

In Oregon, organizers are hoping to put a proposal before voters that would legalize psilocybin for therapeutic use. Separately, a campaign in that state is pushing a measure to decriminalize possession of all drugs with a focus on funding substance misuse treatment.

Democratic presidential candidate Andrew Yang said at an Iowa campaign stop last week that he wants to legalize psilocybin for military veterans.

Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

Photo elements courtesy of carlosemmaskype and Apollo.

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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New Mexico Lawmakers Approve Marijuana Legalization Bill

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A New Mexico Senate committee approved a bill on Tuesday that would legalize marijuana for adult use.

With a little more than three weeks left in the state’s short 2020 legislative session, lawmakers are making clear their intent to advance the legalization proposal in a timely fashion.

The bill, which is supported by Gov. Michelle Lujan Grisham (D), cleared the Senate Public Affairs Committee in a 4-3 vote.

Sen. Jacob Candelaria (D) led the introduction of the bill before the committee, testifying that he believes “2020 is the year New Mexico becomes the third state to enact legalization of cannabis through legislative action,” following Vermont and Illinois.

“We know that New Mexicans across the state, from rural to urban centers, are with us on this issue.”

“Bringing an underground market aboveground takes a lot of deliberation, statewide input from community members and stakeholders, ingenuity and learning from other states’ experiences,” the senator, who is himself a medical cannabis patient, said. “The criminalization of cannabis disproportionately harms and criminalizes young people and people of color, sponsors violence and corruption by those who currently exclusively trade in cannabis in the black market. The current situation, our status quo that relies on a black market outside of the medical program, does nothing to curb youth access to cannabis.”

The governor included legalization in her formal 2020 legislative agenda and discussed the importance of establishing a well-regulated and equitable cannabis market in her State of the State address this month.

The day after Lujan Grisham’s agenda was released, lawmakers filed the legalization bill, which would allow adults 21 and older to possess and purchase marijuana from licensed retailers. The legislation also contains social justice provisions such as automatic expungements for prior cannabis possession convictions.

The proposal would not allow home cultivation; however, it does decriminalize the cultivation of up to three plants and six seedlings, making the offense punishable by a $50 fine without the treat of jail time.

Additionally, the bill would eliminate the gross receipts tax for medical cannabis sales, mandate that recreational dispensaries service registered patients and create a subsidy program for low-income patients to access marijuana.

Recreational cannabis sales would be taxed at nine percent, with revenue going toward that subsidy program in addition to a “cannabis industry equitable opportunity investment fund” to support entrepreneurs from communities most impacted by the drug war, a “community grants reinvestment fund” and a workplace training program, among other programs.

According to a fiscal analysis, the state stands to bring in nearly $6.2 million in recreational cannabis revenue in Fiscal Year 2021. By FY20204, that amounts would rise to nearly $34 million. Municipalities and counties would rake in additional revenues.

“Legalizing and regulating will bring one of the nation’s largest cash crops under the rule of law, generating an estimated between 11,000 and 13,000 jobs for New Mexicans in every corner of the state,” Candelaria said.

The legislation must still pass in two other panels—Judiciary and Finance—before it gets a full vote on the Senate floor.

This latest development at the committee-level is the product of months of work from legislators and the governor’s administration. Last summer, Lujan Grisham formed a working group tasked with reaching out to community members and stakeholders, studying various components of cannabis regulation and submitting recommendations ahead of the current session.

The final report, which was released in October, laid out a number of proposed rules and restrictions for a legal marijuana market.

Earlier last year, the New Mexico House of Representatives approved a bill to legalize marijuana but it later died in the Senate. Lawmakers did send Lujan Grisham a more limited bill to simply decriminalize cannabis possession, which she signed.

While it’s possible that the current committee-passed legislation will be amended as it makes its way to a full Senate vote, or that companion legislation could be changed in the House, recent polling shows that New Mexico residents are widely in favor of the general policy change. Three-out-of-four residents who participated in a state-funded survey that was released last month said they back legalization.

If all goes according to the governor’s plan, a final legalization bill will be delivered to her desk by the end of the session—and upon her signature, New Mexico would likely become the 12th state to legalize recreational marijuana.

That said, lawmakers in states across the U.S. are eyeing cannabis reform this year, and a marijuana legalization bill advanced in a New Hampshire House committee earlier on Tuesday.

New Hampshire Lawmakers Approve Marijuana Legalization Bill

Photo courtesy of 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.
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New Hampshire Lawmakers Approve Marijuana Legalization Bill

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A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.

While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.

The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.

“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”

Watch New Hampshire lawmakers discuss the marijuana legalization bill below:

This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.

“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”

“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”

A floor vote by the full House of Representatives is expected on February 6.

Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.

Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.

In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.

New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident  that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.

Vermont Governor ‘At The Table’ On Marijuana Legalization Talks, Top Lawmaker Says

Photo courtesy of 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.
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