“If the common person has the ability to grow and use their own healing plants, and share with friends, they can forever hold the corporate interests accountable.”
By Carlos Plazola, Decriminalize Nature
We’re getting decriminalization and legalization of our sacred plant allies all wrong. I was part of the process that screwed up our relationship with cannabis. And these are my lessons I carry to a new movement called Decriminalize Nature, born in Oakland and now spreading across the country in over 100 cities and 30 states.
In 2010, I sat at a meeting in Richmond, California lobbying the City Council to allow dispensaries to become permitted. My team presented a complex rubric of regulations they could place on the dispensaries to ensure the world would stay safe, and we seduced them with the staggering tax windfalls they’d receive once the dispensaries were fully operational. It helped that the unregulated mortgage derivate industry had just sucked trillions of dollars out of the economy, causing de-industrialized towns like Richmond to hemorrhage from their dwindling budgets. We brought to them smoke and mirrors, complex regulations and greed. And they ate it up.
I was part of a large group of second wave organizers following early-in pioneers who, for the love of the plant, sought to decriminalize cannabis for medical healing purposes throughout the 80s and 90s. Where their version of the story focused on the healing power of cannabis, the assistance it provided to heal trauma and all the medical benefits, our version of the story in the mid-2000s focused on the power of cannabis to create taxes, to create wealth, to heal the budgets of cities and make communities rich. In other words, the full-blown commodification narrative was set loose.
But, to be fair, the war on cannabis was stupid to begin with. We all knew it, and the fear held by officials at all levels of government was dumbfounding. All anyone had to do to understand that the hype behind Reefer Madness and the dangers of weed was nonsense was to do a news search on the history of cannabis and read a few news articles and scientific studies. Two hours on a computer googling “why did cannabis get on Schedule I?” would have shown that available scientific research showed marijuana should NOT have been on Schedule I. But elected officials live in fear. It’s almost a prerequisite to re-election. Always looking over the shoulder at the next up-start poised to take their seat. “Can’t make a stupid decision that will wreck my career.”
But here we found ourselves on familiar terrain. How do you overcome the innate fear of elected officials who refuse to look at things rationally and prefer to “do more studies!” or employ the standard delay tactic of “send it to committee,” instead of righting Nixon’s wrongs? I’d spent eight years in government, as a congressional aide and council chief of staff, and I understood that fear and paranoia was just part of the game. So, it seemed logical to fight fire with fire. The ends justify the means, don’t they? (It turns out they don’t.) How do you get over an irrational fear of a decision maker? Desire. Offer them something they can’t refuse. So, we did. And in the process, we destroyed our relationship to cannabis.
From this strategy of appeasing politician’s fear were born the three horsemen of the apocalypse on healing plants. The three horsemen emerged as Scarcity, Complexity and Greed. Together they are destroying the sacred relationship between humans and cannabis, and are poised to destroy our relationship to entheogenic plants and fungi—if we, as advocates, repeat our mistakes.
Horseman #1: Scarcity
“But weed will be everywhere and everyone will be smoking it, children will die from it, cars will drive off bridges because of it and hell will break loose! How will you prevent this?!” sang the chorus of anxious elected officials. Now, at this moment, we should have all united as advocates and stood strong and calmed them down, like a mother calms a terrified child and says, “show me where the monster is.” And we should have shown them that there are no monsters in the closet. “It was all Nixon’s hype. And since progressive elected officials all hate Nixon so much, join us in righting his wrong against our natural world and our consciousness.”
It could have been so beautiful. We could have forced the conversation toward the truths about this beautiful plant that has co-evolved with humans and provided so much healing over the eons but, instead, we took the bait and we did something very stupid. We said, “OK, we’ll limit the number of plants that individuals are allowed to grow.” The intention was good (to allay their fear) but the logic was flawed. By limiting the amount someone can grow, we sent the message that cannabis is dangerous and we created scarcity, especially for those who most needed it to heal.
Horseman #2: Complexity
“Any intelligent fool can make things bigger and more complex. It takes a touch of genius, and a lot of courage to move in the opposite direction.” Einstein was right. As it pertains to cannabis, we wanted to allay the fears of the elected officials, so we offered them complex regulatory frameworks, and they ran with it.
In the early 2000’s, the herd began its stampede toward greater and greater regulatory complexity, and hasn’t stopped since. Everyone had to put their fingerprints on the regulations. By the time the California state cannabis regulations were completed and published in January 2019, only a few well-paid lawyers understood what the hell was going on, and most of them were faking it. Their $500 hourly billing rate wasn’t really all that attainable for that black or brown person in East or West Oakland who’d been cultivating the sacred plant for 20 years as their livelihood, did time in the 80s for having a baggy of weed in their car and would eventually get pushed out of the industry because of the cost of complexity.
Again, the intentions were good, but we were reacting to fear. How do we keep babies from going up in flames? Create new regulations. And while the stampede was running full-speed ahead toward Complexity Cliff, it seemed no one had the fortitude to just raise their hand and say, “uh, guys, gals, we have all these pre-existing regulations that have been working perfectly fine for well, about a hundred years or more. Why don’t we just apply these regs to cannabis, like we do to herbs, or tomatoes, or oranges, or Heinz Ketchup, or Newman’s Own lemonade?”
The initial reaction would have been predictable. “What?! Don’t you understand this plant is the devil’s weed! We must contain this THC/CBD Beast and tame it so it doesn’t destroy civilization!” But, over time, had we held to our message long enough, we could have convinced the decision-makers that “nope, cannabis is a loving and friendly plant that heals. You don’t have to treat it with disrespect. Just treat it like any other plant and relax.” The winners would have been everyone except lawyers and lobbyists. But alas, here we are. Weekly conference calls to make sure we’re meeting the most recent iteration of a regulatory requirement. A growing underground market of people telling the state to piss off. A bunch of angry advocates who helped create this complexity demanding justice. And the few true believers watching their mission of bringing the healing effects of cannabis to those in need become harder and harder.
Horseman #3: Greed
Create Scarcity. Check.
Create Complexity. Check.
OK, perfect. Launch Venture Capital! The final wave of total annihilation of our sacred relationship to cannabis.
To be fair, this was not some grand master plan by venture capitalists. I’ve been watching the cannabis industry take a big giant crap since 2000. Watching it all unfold. Paying my own heavy price for participating in this fool’s game of defilement. Venture capital wasn’t sitting on the sidelines waiting for their dastardly plan to finally unfold so they could rush in and collect their winnings. This is just how things work when we legislate from fear. It’s an inevitability.
Ruthless capitalism was created in response to fear hundreds of years ago. It feeds off fear and all the fear-based responses that emerge—well, like hoarding, for example. So, it was natural that the process we began in the early 2000s that started from a place of pandering to the fear of decision-makers would eventually end in the ultra-competitive world of venture capital. We did it. We came from love. We reacted to fear. We justified it by thinking the ends justified the means. And we set it down the road of destruction, so now the weed advocates hold conferences asking, “Where did cannabis go wrong?” and lamenting the lack of people of color in the industry, while down the road the capitalists hold conferences with panel titles such as, “Desktop and Mobile Technologies: CRM, POS, Blockchain, Digital Payment—what’s Hot and Needs to Disrupt?” in a room filled with primarily white entrepreneurs.
We did this. But we can learn from this to make sure we don’t destroy our relationship with our plant allies of the entheogenic type. Cannabis was the sacrificial lamb to the altar of human frailty. But here is our opportunity to get it right with our plant and fungal allies that lovingly heal our consciousness—ayahuasca, sacred mushrooms, ibogaine, mescaline cacti and the like, because if we fuck this one up, once knowledge, what forgiveness? None. Game over.
To Decriminalize Nature
Think about this for a moment. To Decriminalize Nature. Nature. Us. We’re Nature. We’re of Nature. Nature is Us. How did it come to pass that we would even need to create a movement that in essence says, “Decriminalize Us”? We, as humans, have become so embedded in fear that the absurd concept of criminalizing nature now actually makes sense to many people in the world. The logic is simple in their minds: “We must stop people from doing stupid things to themselves, and we can do this by declaring it illegal! And now, let’s throw them in prison for using these substances to protect them from themselves. There. Sit in a cage so you don’t harm yourself.”
That we have to explain this to elected officials can, at times, be maddening. Often the response is, “Do more studies! Send it to Committee!” Fear-based responses. But we must stay the course, be patient, build a movement and hold to our message this time, and our message is simple:
Build Abundance, Not Scarcity:
Any initiatives that seek to legalize, regulate or end the war on drugs must first, or simultaneously, decriminalize our relationship with natural healing plants without limits on growing, gathering or gifting of entheogenic plants for non-commodified uses. We must treat these plants as we would treat tomatoes, oranges or everyday garden herbs. By enabling anyone to grow as much as they want for non-commodified uses, we even the playing-field for the inevitable commodification down the road. If the common person has the ability to grow and use their own healing plants, and share with friends, they can forever hold the corporate interests accountable. They will retain the ultimate leverage of the freedom to home-grow if the products of corporations become unattractive or undesirable, or if they simply prefer to grow their own and not rely on corporate products—just like with oranges or tomatoes.
Don’t Reinvent The Regulatory Wheel:
Like oranges or tomatoes, it is likely that commodified products from healing plants and fungi will emerge. But we don’t need to create complexity where the only winners are lawyers and lobbyists. Keep it simple. Use pre-existing regulatory frameworks that work just fine.
Ok. This is a tall order. And will likely take a couple of centuries for us to achieve, presuming we can get there as a species. It is also inevitable that this single-motive technology (capitalism) will eventually evolve to encompass other values, such as compassion, ecological protections and empathy. But, until then, we will all have to work together to push full decriminalization without caps on amounts as a balancing force, keep regulations simple and work together to encourage any for profit venture capitalist or corporation to approach nature with reverence.
This next great frontier of humanity is not out there in space, on Mars or on some new undiscovered continent. The next great frontier of humanity is inward. It involves conquering our fears; the fears that have us treating ourselves, each other and nature with disdain, allowing the emergence of destructive policies and practices that hurt only us. The next move is to decriminalize our relationship with nature which, when we finally wake, we’ll understand was really about decriminalizing our own relationship with ourselves and letting go of fear.
Carlos Plazola is the chair of the board of Decriminalize Nature. He formerly worked as a lobbyist in the cannabis industry from 2008 to 2012 and as chief of staff to the Oakland City Council president from 2000 to 2006.
New Hampshire Marijuana Legalization Effort Runs Up Against New Republican Legislature
“Eventually it will get passed. But I don’t think it will happen until we get a new governor.”
By Christian Wade | The Center Square
Marijuana advocates are continuing a push to legalize the drug for recreational use in New Hampshire, but the effort faces an unlikely path in the Republican-controlled Legislature.
A bipartisan bill filed in the state House of Representatives this month would, if approved, legalize recreational cannabis for adults over 21 and set up a system of regulation and taxation for the drug that would allow retail sales. It’s similar to proposals filed in previous legislative sessions, all of which have failed to win approval.
“The battle continues,” said Rep. Rebecca McWilliams, D-Concord, a primary sponsor of the bill. “We keep refining it and negotiating and trying to come up with something that could potentially get to the two-thirds vote needed to override the governor’s veto.”
The proposal would allow adults 21 and older to possess up to one ounce of weed and would authorize regulated cultivation and retail sales. Adults would be allowed to grow up to six marijuana plants at home. A state-run cannabis commission would set regulations and oversee the new industry. The proposal calls for a 9% tax on recreational pot sales.
But the measure faces a steep climb in the state legislature—which swung back to the GOP in the November 3 elections—not to mention the threat of a veto by Republican Gov. Chris Sununu, who opposes legalization.
McWilliams acknowledges the measure faces long odds in the biennial legislative session and said lawmakers who support the effort lack the votes to override a Sununu veto. But she said the effort is building more support with every passing year.
“Eventually it will get passed,” she said. “But I don’t think it will happen until we get a new governor.”
While marijuana remains an illegal drug under federal law, she said there’s a chance the new Democrat-controlled Congress and White House could lift the federal prohibition on pot.
Nationally, 68 percent of Americans back the legalization of marijuana, according to a recent Gallup poll, which noted that support has been inching up steadily over the years.
To date, 15 states, the District of Columbia, and the U.S. territory of Guam have legalized recreational marijuana. Thirty-six states have medical marijuana programs.
New Hampshire has often been described as a “cannabis island” with neighboring states and Canada allowing recreational marijuana cultivation and retail sales.
While the Granite State decriminalized marijuana possession in 2017, recreational growing and sales are not authorized.
In 2014, the Democrat-controlled House approved a legalization bill but it failed to pass the Senate. Similar proposals have been refiled every session, but have failed to gain traction.
The state has also allowed medical marijuana dispensaries since 2013, but cultivating the drug for personal use is still a felony.
Lawmakers approved a bill in 2019 that would have allowed medical pot patients to grow their own supply, but Sununu vetoed it, citing public safety concerns.
This piece was first published by The Center Square.
American Medical Association Asks Court To Overturn Medical Marijuana Vote In Mississippi
Two medical associations are throwing their support behind a lawsuit challenging the constitutionality of the medical marijuana ballot initiative that Mississippi voters overwhelmingly approved in November, arguing that it creates “risks to public health” and places a “burden” on physicians.
The American Medical Association (AMA) and its state affiliate, the Mississippi State Medical Association (MSMA), recently filed an amicus brief backing the legal challenge being considered by the state Supreme Court, which was brought by the city of Madison just days before the election.
The lawsuit argues that legalization proposal is invalid because of a state law that dictates the percentage of signatures required per district to qualify a ballot initiative.
While Mississippi’s secretary of state and attorney general have strongly criticized the suit, calling it “woefully untimely” and contesting the merits, AMA and MSMA are backing the challenge nonetheless.
“Making sure the constitutional amendment map is followed is always important, but given the nature of the initiative at issue and the substantial ramifications it poses for Mississippi’s public health and the medical community, particular care is warranted here,” the brief states, according to a blog post published by AMA on Friday.
The groups further argue that, outside of the statutory concerns outlined in the suit, the medical cannabis legalization initiative “poses significant risks to public health and puts a burden on Mississippi physicians.”
“While it is possible there may be beneficial medicinal uses of marijuana, numerous evidence-based studies demonstrate that significant deleterious effects abound,” the brief states, adding “without question, the public health risks are immense.”
Additionally, because marijuana remains federally illegal, the voter-approved measure would put physicians in “quite the pinch,” it says. “Yet physicians will be expected by their patients (though perhaps not required by Initiative 65) to sign off on certifications to receive their supply. Perhaps no liability will lie under state law, but what about federal law?”
In fact, federal courts have ruled that doctors have a First Amendment right to discuss medical cannabis with their patients without risking federal sanction.
“As everyone knows, all it takes to file a lawsuit is a piece of paper and a filing fee, so even if a physician is judged correctly and immunity is appropriate, the matter will still have to be litigated,” the AMA and MSMA brief continues. “And with increased exposure and litigation comes increased costs, not least of which is rising professional liability insurance premiums.”
The legal challenge brought by Madison cites a state law stipulating that “signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.
Advocates see desperation in the court filing, with the medical associations now making a last-ditch effort to overturn the will of voters.
“These are cynical attempts to undermine the democratic process,” Carly Wolf, state policies coordinator for NORML, said. “Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box.”
“Thus, they are now asking judges to set aside the votes of over a million Americans in a desperate effort to override undisputed election outcomes,” she said. “Whether or not one supports marijuana legalization, Americans should be outraged at these overtly undemocratic tactics.”
Paul Armentano, deputy director of NORML, said “AMA’s position is woefully out of step with both public opinion and scientific consensus, as well as with the opinions of the majority of physicians.”
“It is regrettable that this organization would go on record in attempting to nullify the vote of a supermajority of Mississippi voters,” he said.
It’s also not especially surprising that these particular groups would join in this legal challenge given their earlier attempts to get voters to reject the reform initiative.
Weeks before the vote, AMA and MSMA circulated a sample ballot that instructed voters on how to reject the activist-led cannabis measure. The mailers said the associations were “asking for you to join us in educating and encouraging our population to vote against Initiative 65.”
Ultimately, however, nearly 74 percent of Mississippi voters approved the legalization initiative.
It will allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. It includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.
Marijuana Moment reached out to AMA and MSMA for additional information about the brief, which has not yet been posted on the state court’s public docket, but representative did not immediately respond.
The Mississippi case is just one example of legalization opponents asking the courts to overturn the will of voters who approve marijuana reform.
In South Dakota, another legal challenge against the constitutionality of a legalization initiative is playing out. In this case, plaintiffs—with the backing of Gov. Kristi Noem (R)—are claiming that the recreational marijuana measure violates a state statute requiring that proposals that appear on the ballot on deal with a single subject.
Over in Montana, opponents of a voter-approved initiative to legalize cannabis for adult use attempted to get the state Supreme Court to invalidate the proposal ahead of the vote, but the justices rejected that request, arguing that they failed to establish the urgency needed to skip the lower court adjudication process. They didn’t rule on the merits, however.
The plaintiffs then announced they were pursuing action in a lower court, arguing that the statutory proposal unlawfully appropriates funds, violating a portion of the state Constitution that prohibits such allocations from being included in a citizen initiative.
Separately, the Nebraska Supreme Court ruled in September that a medical marijuana legalization initiative could not appear on the state’s November ballot following a legal challenge, even though activists collected enough signatures to qualify.
The court determined that the measure violated Nebraska’s single-subject rule that limits the scope of what can be placed on the ballot before voters. Activists have already introduced a new initiative that they say will satisfy the court’s interpretation of state law—and their also working on a broader adult-use legalization measure.
New York Governor Releases More Details On Marijuana Legalization Proposal
New York Gov. Andrew Cuomo (D) has released more details of his marijuana legalization proposal, including plans to reinvest in communities most impacted by the war on drugs.
Following his State of the State address last week, in which the governor said enacting the reform could boost the economy while promoting social equity, he unveiled an outline of his agenda that provides more insights into what the state’s legal cannabis market could look like. Next, he’s expected to release the full budget proposal on Tuesday, which will contain much more detailed legislative language.
The State of the State Book released on Friday says Cuomo’s upcoming proposal would create an Office of Cannabis Management to regulate the program, establish national standards and best practices to encourage responsible marijuana consumption and provide for “robust social and economic equity benefits to ensure New York’s law will create an egalitarian adult-use market structure that does not just facilitate market entry but ensures sustained market share for entrepreneurs in communities that have been most harmed by cannabis prohibition.”
Notably, it also states that the plan will “correct past harms by investing in areas that have disproportionally been impacted by the war on drugs, understanding that expunging past cannabis convictions helps to correct the injustice faced on the day that someone was arrested, but fails to correct the lasting harms that arrest has had on citizens, families, and communities.”
That’s important, as the governor in past years has pushed for marijuana tax revenue to be put into the state’s general fund, rather than specifically allocating resources for community reinvestment, as some lawmakers and advocates have urged.
That said, it remains to be seen exactly how the governor’s forthcoming budget will go about “investing” in communities that have been harmed by past prohibition enforcement and whether it will be deemed adequate by legislators and activists who have balked at his past proposals.
Cuomo has included legalization in his last two annual budget plans, but the issue has consistently stalled over details in negotiations.
That said, the legislature will have more influence this year after Senate Democrats secured a supermajority in the November election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.
The governor’s new outline also talks about making investments in research into harm reduction and education campaigns to deter youth use and impaired driving.
“Cannabis legalization will create more than 60,000 new jobs, spurring $3.5 billion in economic activity and generating an estimated $300 million in tax revenue when fully implemented,” the document says.
A separate section describes plans to bolster the state’s hemp industry.
To accomplish that, Cuomo will call together a workgroup “composed of hemp growers, researchers, producers, processors, manufacturers, and trade associations to make recommendations for the further development of hemp as a multi-use agricultural commodity and a mature cannabinoid wellness market.”
“The hemp workgroup will explore ways to provide more opportunities for New York growers and manufacturers and work to help facilitate the development of safe New York products that will meet the needs of informed consumers,” the plan says. The group’s recommendations could build upon regulations for hemp and CBD that were developed last year.
But for many advocates, it’s recreational legalization that has the spotlight this session. And to that end, New York lawmakers have made comments in recent months that indicate they feel the reform is inevitable, despite differing opinions on the specifics.
The top Republican in the New York Assembly said last month that he expects the legislature to legalize cannabis this coming session.
Senate Majority Leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.
Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.
The push to legalize in New York could also be bolstered by the fact that voters in neighboring New Jersey approved a legalization referendum in November.
Legislators prefiled a bill to legalize cannabis in New York earlier this month. The legislation, introduced in the Senate by Sen. Liz Krueger (D) and 18 other lawmakers, is identical to a version she filed last year that did not advance.
Separately, several other bills that focus on medical marijuana were recently prefiled in New York, and they touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.