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As Signature Deadlines Approach, Here’s Where Marijuana And Drug Policy Reform Campaigns Stand

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Several drug policy reform campaigns are in the final stretch as deadlines to submit signatures for proposed ballot initiatives loom this week and next.

While the coronavirus pandemic dealt serious blows to marijuana, psychedelics and other drug reform groups in jurisdictions across the country, forcing some to end their campaigns, activists in Arizona, Idaho, Nebraska, Oregon and Washington, D.C. are still in the game, with some running against the clock to turn in enough valid signatures to qualify and others now waiting for officials to validate petitions they’ve already submitted. That’s in addition to measures that have already qualified for November ballots in states like Mississippi, New Jersey and South Dakota.

The proposed ballot measures would accomplish everything from legalizing cannabis to decriminalizing psychedelics such as psilocybin and ayahuasca. Here’s a status update on where they stand:

Arizona

Deadline: July 2

Smart & Safe Arizona is a campaign to put marijuana legalization on the November ballot, and it seems to be in good shape to qualify. In April, the group said that it had collected enough raw signatures to qualify for the ballot. However, those hadn’t been verified by the state and the campaign continued petitioning to ensure success.

On Wednesday, the team turned in 420,000 signatures—well more than the 237,645 valid submissions needed to qualify.

If the measure does make it on the ballot, a recent poll indicated it would prevail. About two-thirds of Arizonans surveyed said they would support the proposal.

Under the initiative, cannabis would be legalized for recreational purposes for adults 21 and older. Adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.

The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program

Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.

Idaho

Deadline: TBD

While the original deadline to submit signatures for an initiative to legalize medical marijuana passed on May 1, a federal judge recently ruled that the state must make accommodations for a separate non-cannabis ballot campaign due to signature gathering complications caused by the coronavirus pandemic and the government’s response to it. Activists feel the ruling will also apply to the marijuana measure.

Despite pushback from state officials, the judge said on Tuesday that the campaign involved in the suit should be allowed to begin circulating petitions on July 9—and they’d have 48 days from then to gather signatures, including electronically.

That said, the state is pushing back and has appealed the ruling in the U.S. Court of Appeals for the Ninth Circuit. The cannabis campaign told Marijuana Moment it has deployed attorneys to ensure they are also able to benefit from the extension.

Under the proposal, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.

Nebraska

Deadline: July 3

Activists behind an initiative to legalize medical cannabis in the state turned in 182,000 raw signatures on Thursday—well more than the 121,669 valid submissions needed to qualify for the ballot.

“We are averaging 6,000 a day raw collected and are on track” to meet the signature requirement requirement, Nebraska Sen. Anna Wishart (D), a chief petitioner for the measure, told Marijuana Moment. “We also are confident we have over 38 counties qualified.”

“It is going to be close, but we are building momentum and think we are going to make it!” she said.

The measure would allow physicians to recommend cannabis to patients suffering from debilitating medical conditions. Patients would be allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.

While the campaign, Nebraskans for Medical Marijuana, suspended signature gathering amid the COVID-19 outbreak, it relaunched its efforts in May with new safety protocols in place.

Oregon

Deadline: July 2

A campaign to legalize psilocybin mushrooms for therapeutic purposes already submitted signatures that they feel will qualify them for the ballot.

While some of the signatures have yet to be verified by the secretary of state’s office, activists behind the Oregon Psilocybin Services Act announced on Monday that they have collected a total of 164,782 signatures.

The state has already certified that activists have turned in at least 106,908 of the 112,020 needed signatures to make the ballot. Only a small percentage of more recent submissions would need to be deemed valid in order for the measure to formally gain ballot access.

The psilocybin measure would make Oregon the first jurisdiction in the U.S. to implement a therapeutic legalization model for psychedelic mushrooms. Part of the strategy to collect signatures for the initiative involved promoting an app that enabled residents to see which of their friends and family have signed, allowing them to personally reach out and push them to submit a petition.

Washington, D.C.

Deadline: July 6

Washington, D.C. activists are continuing to collect signatures for a proposed measure to make enforcement of laws against various entheogenic substances such as psilocybin, ayahuasca and ibogaine among the city’s lowest law enforcement priorities.

Decriminalize Nature D.C. (DNDC) must submit 24,794 valid signatures from registered voters to qualify for the ballot. They currently have about 16,000 collected and verified so far—meaning they have until Monday to get about 10,000 more.

With funding from the soap company Dr. Bronner’s, the group is flying in activists to aid in their final signature gathering push, including leadership from the successful campaign to decriminalize psilocybin in Denver last year.

Advocates faced serious challenges when they had to suspend in-person signature gathering due to the coronavirus pandemic, but local lawmakers gave them a boost when the D.C. Council approved emergency legislation allowing for alternative collection methods. DNDC then launched a test, sending 10,000 petitions to residents across the city and asking them to sign and return them.

They got another boost during protests over racial injustice and police brutality this month, gathering about 5,000 new signatures for the initiative at booths where demonstrators were gathered.

Here’s the status of other drug policy campaigns that have either succeeded or failed so far this year:

The Oregon Secretary of State’s office announced on Tuesday that a campaign to decriminalize currently illicit drugs and expand substance misuse treatment has qualified for the ballot.

Prior to the COVID-19 outbreak and stay-at-home mandates, measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

Mississippi activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

Montana activists recently turned in more than 130,000 signatures to qualify a pair of marijuana initiatives—one to legalize the plant for adult use and another stipulating that individuals must be 21 or older to participate—for the November ballot. The state is currently validating those submissions.

A campaign to legalize marijuana in Arkansas will not qualify for the ballot this year, a spokesperson told Marijuana Moment on Tuesday.

Activists behind an initiative to decriminalize currently illicit drugs and expand access to treatment services in Washington State said last week that they will no longer be pursuing the ballot due to the coronavirus pandemic. Instead, they are seeking to enact the policy change through the legislature during the next session starting January 2021.

An effort to place a psilocybin legalization measure on California’s ballot ended after the coronavirus pandemic presented petitioning difficulties and officials didn’t agree to a request to allow electronic signature gathering.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota activists ended their push to place a marijuana legalization measure on the 2020 ballot and will instead seek qualification for 2022.

Oregon Drug Decriminalization And Treatment Measure Qualifies For November Ballot

Photo courtesy of Democracy Chronicles.

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.

Politics

Senator Touts New Marijuana Legalization Bill In Floor Speech On Racial Justice

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Sen. Tina Smith (D-MN) talked up her new marijuana legalization bill during a speech on racial justice that she delivered on the Senate floor on Thursday.

The senator, whose “Substance Regulation and Safety Act” was introduced late last month, said that ending cannabis prohibition could help law enforcement devote more resources to serious crimes, rather than continue to criminalize people in a racially disparate manner.

“We could actually improve public safety by devoting resources to combating violent crime, rather than over-enforcing low-level offenses in communities of color. Let’s think about what this means for marijuana offenses,” Smith said. “The federal marijuana prohibition is a failed policy that contributes to mass incarceration and over-policing of communities of color.”

“White and black people use marijuana at roughly the same rate, but a black person is almost four times as likely to be arrested for a marijuana offense. The federal government is behind both state law and public opinion. Forty-two states and the District of Columbia already allow some type of marijuana use, despite the longtime federal prohibition.

While the senator recently introduced her own legalization bill, she also called on Congress to pass a separate reform bill that she’s cosponsored: the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act.

The legislation “would address the devastating impact on communities of color of a war on drugs by expunging marijuana-related convictions and then reinvesting in community,” she said.

“It is time to legalize marijuana, and we should do it in a practical and commonsense way that protects the health and safety and the civil rights of our communities.”

Watch the senator discuss cannabis policy and racial justice below: 

Her own bill, meanwhile, “would ensure that marijuana is regulated to protect the health and the safety of youth, of consumers and of drivers,” she said. “We do this without replicating the racist enforcement patterns of our current drug policy.”

Neither piece of legislation has advanced in the Republican-controlled Senate so far. The House version of the MORE Act cleared the Judiciary Committee last year, however, and a committee chairman’s staffer told Marijuana Moment last month that there are plans in the works to get it to the floor for a vote in September.

During her speech, Smith also discussed a number of other proposals concerning policing reform and racial justice. She announced the introduction of another new bill that she says “would help, state, local and tribal governments reimagine policing in their communities by funding innovative projects and best practices that will transform how we deliver public safety and other social services.”

The senator’s marijuana legalization bill would federally deschedule cannabis, require the U.S. Department of Health and Human Services (HHS) to develop rules that treat the substance in the same way as tobacco, create a national research institute to evaluate the risks and benefits of use, require the U.S. Department of Agriculture to impose quality control standards and mandate that the Department of Transportation study methods for detecting THC-impaired driving.

The descheduling provisions “are retroactive and shall apply to any offense committed, case pending, or conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered, before, on, or after the date of the enactment of this Act,” the text of the bill states.

HHS would have to come up with a “national strategy to prevent youth use and abuse of cannabis, with specific attention to youth vaping of cannabis products.” Further, text of the legislation states that the department would be required to “regulate cannabis products in the same manner, and to the same extent,” as it does with tobacco.

That includes “applying all labeling and advertising requirements that apply to tobacco products under such Act to cannabis products.”

U.S. Customs and Border Protection would be tasked with working with other agencies to develop policies on allowing marijuana imports and exports.

The legislation further contains racial justice provisions. For example, HHS would have to consult with “consult with civil rights stakeholders” to determine “whether cannabis abuse prevention strategies and policies are likely to have racially disparate impacts” within 100 days of the bill’s enactment.

The Department of Transportation would similarly have to determine whether its impaired driving prevention policy “is likely to contribute to racially disparate impacts in the enforcement of traffic safety laws.”

Agencies charged with establishing these regulations would have one year following the bill’s enactment to finalize those rules.

A federal age requirement for marijuana sales would be set at 21 under the measure.

The legislation was introduced one day after the House approved a spending bill amendment that would protect all state, territory and tribal cannabis programs from federal intervention.

Smith’s focus on marijuana reform comes as lawmakers in her home state of Minnesota push for legalization, with a top legislator unveiling a comprehensive plan for legalizing cannabis for all adults 21 and older in May.

Further, it comes shortly after the Democratic National Committee rejected an amendment to adopt legalization as a 2020 party plank, with members opting instead to embrace more modest reforms. Advocates suspend that there may have been pressure for the panel not to formally embrace a policy change that is opposed by presumptive Democratic presidential nominee Joe Biden.

Tulsi Gabbard Talks CBD For Military Members, Biden’s Legalization Opposition And Congressional Retirement

Photo courtesy of Philip Steffan.

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Oregon Officials Explain How Decriminalized Drugs And Legal Psilocybin Therapy Would Impact The State

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Oregon officials finalized a series of analyses this week on separate ballot measures to legalize psilocybin mushrooms for therapeutic use and decriminalize drugs while investing in substance misuse treatment.

The Oregon Criminal Justice Commission determined that the decriminalization initiative would reduce felony and misdemeanor convictions for drug possession by 91 percent, and that reduction would be “substantial for all racial groups, ranging from 82.9% for Asian Oregonians to approximately 94% for Native American and Black Oregonians.”

Overall, the policy change would result in a 95 percent drop in racial disparities for possession arrests, the panel projects.

“The CJC estimates that IP 44 will likely lead to significant reductions in racial/ethnic disparities in both convictions and arrests.”

The conviction estimate was included in the panel’s draft analysis first released last month, but the final version was expanded to include the arrest data as well. The new document also notes that “disparities can exist at different stages of the criminal justice process, including inequities in police stops, jail bookings, bail, pretrial detention, prosecutorial decisions, and others”—a point that activists hoped the panel would include.

That said, the commission noted it “lacks sufficient or appropriate data in each of these areas and therefore cannot provide estimates for these other stages.”

The new report, published on Wednesday, cites research indicating that the resulting “drop in convictions will result in fewer collateral consequences stemming from criminal justice system involvement, which include difficulties in finding employment, loss of access to student loans for education, difficulties in obtaining housing, restrictions on professional licensing, and others.”

The decriminalization proposal was the first ballot initiative in the state’s history to receive a report on the racial justice implications of its provisions under a little-utilized procedure where lawmakers can request such an analysis.

This information will be included in a voter pamphlet as a factual statement from the secretary of state’s office.

“Our current drug laws can ruin lives based on a single mistake, sticking you with a lifelong criminal record that prevents you from getting jobs, housing and more,” Bobby Byrd, an organizer with the More Treatment, A Better Oregon campaign, said in a press release.

Both the psilocybin therapy and drug decriminalization measures also received final explanatory statements and fiscal impact statements this week.

For the therapeutic psilocybin legalization initiative, the Financial Estimate Committee said that it projects the measure will have an impact of $5.4 million from the general fund during the two-year development period. After the program is established, it will cost $3.1 million annually, “which will be covered by the fees and tax funds for the administration and enforcement of the Act.”

The explanatory statement says the measure “directs the Oregon Health Authority to regulate the manufacture, delivery, purchase, and consumption of psilocybin, a psychoactive component found in certain mushrooms, at licensed psilocybin service centers” and that a “person would be allowed to purchase, possess, consume, and experience the effects of psilocybin only at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

It also describes an initial two-year development period during which officials will research and make recommendations on “the safety and efficacy of using psilocybin to treat mental health conditions,” after which time the new law will allow “a client who is at least 21 years of age to purchase, possess, consume, and experience the effects of psilocybin at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

Sam Chapman, campaign manager for the psilocybin initiative, told Marijuana Moment that the group is “satisfied with the explanatory statement and believe it captures the thoughtful approach we took that led to psilocybin therapy being on the ballot this November.”

“Specifically, we were happy to see the regulations and safeguards that are built into the measure highlighted in the explanatory statement,” he said. “We also believe that the fiscal committee saw and respected our approach to keep the psilocybin therapy program revenue neutral once up and running.”

The drug possession decriminalization measure is expected to cost $57 million annually, according to state officials, but it will be covered by marijuana tax revenue, which is “estimated at $61.1 million in 2019-21 and $182.4 million in 2021-23” and would therefore be “sufficient to meet this requirement.” Cannabis revenue to cities and counties would be reduced under the measure.

The reform would also save money through reduced drug enforcement. “These savings are estimated at $0.3 million in 2019-21 and $24.5 million in 2021-23,” the analysis says. “This will reduce revenue transferred from the Department of Corrections for local government community corrections by $0.3 million in 2019-21 and $24.5 million in 2021-23. The savings are expected to increase beyond the 2021-23 biennium.”

The initiative “mandates the establishment of at least one addiction recovery center in each existing coordinated care organization service area in the state,” the separate explanatory statement says, and describes how they would be funded with marijuana tax revenue.

“The measure eliminates criminal penalties for possession of specified quantities of controlled substances by adults and juveniles,” it says. “Instead, possession of these specified quantities of controlled substances becomes a non-criminal Class E violation for which the maximum punishment is a $100 fine or completion of a health assessment with an addiction treatment professional.”

Here’s a status update on other 2020 drug policy reform campaigns across the country: 

A measure to effectively decriminalize a wide range of psychedelics has officially qualified for the November ballot in Washington, D.C.

Montana activists said last month that county officials have already certified that they collected enough signatures to place two marijuana legalization measure on the state ballot, though the secretary of state’s office has yet to make that official.

In Arizona, the organizers of a legalization effort turned in 420,000 signatures to qualify for the ballot last month.

Organizers in Nebraska last month submitted 182,000 signatures in an attempt to put a medical marijuana measure on November’s ballot.

Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a recent U.S. Supreme Court ruling against the other group, hopes are dashed.

Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.

Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.

Read the full state analysis of the Oregon drug decriminalization and psilocybin therapy measures below:

Oregon Drug Decrim And Psil… by Marijuana Moment on Scribd

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Top White House Official Blasts Marijuana Banking Provisions In Democrats’ Coronavirus Bill

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Vice President Mike Pence’s top staffer on Thursday joined the chorus of Republicans criticizing House Democrats for including marijuana banking provisions to the chamber’s latest coronavirus relief bill.

Marc Short, who is Pence’s chief of staff and previously served as director of legislative affairs for the White House, discussed the COVID-19 legislation during an interview with Fox Business, and he described the Democratic proposal as a “liberal wish list” with “all sorts of things totally unrelated to coronavirus.”

“In one instance they have provided guarantees for banking access for marijuana growers,” Short said. “That has absolutely nothing to do with coronavirus.”

He’s referring to language that was inserted from the Secure and Fair Enforcement (SAFE) Banking Act to protect financial institutions that service state-legal cannabis businesses from being penalized by federal regulators.

Numerous Republicans—including Senate Majority Leader Mitch McConnell (R-KY)—have been critical of the provision, arguing that it is not germane to the issue at hand.

The majority leader took a shot at House Speaker Nancy Pelosi (D-CA) this week after she defended the inclusion of the banking language and called marijuana a “proven” therapy.

Democrats, for their part, have made the case that granting cannabis businesses with access to the banking system would mitigate the spread of the virus by allowing customers to use electronic payments rather than exchange cash. They also say it could provide an infusion of dollars into the financial system that’s especially needed amid the economic downturn caused by the pandemic.

Rep. Tulsi Gabbard (D-HI) told Marijuana Moment in an interview this week that she agrees with her colleagues that the marijuana banking provision is relevant to COVID-19 bill.

“By continuing to disallow anyone associated with these industries that states have deemed legal is further perpetuating serious problems and uncertainty during a time when, frankly, we need as much certainty as we can get,” she said.

While the Senate did not include the banking language as part of their COVID-19 bill, there’s still House-passed standalone legislation that could be acted upon.

The SAFE Banking Act has been sitting in the Senate Banking Committee for months as lawmakers negotiate over the finer points of the proposal.

Last month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.

In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.

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