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Baltimore Will Stop Prosecuting Marijuana Possession Cases

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Baltimore’s top prosecutor said on Tuesday that her office will stop pursuing marijuana possession cases and will also move to clear the criminal records of people with prior cannabis convictions dating back to 2011.

“We need to get serious about prioritizing what actually makes us safe, and no one who is serious about public safety can honestly say that spending resources to jail people for marijuana use is a smart way to use our limited time and money,” Baltimore State’s Attorney Marilyn Mosby said in a press release.

The office will still prosecute individuals for felony possession with the intent to distribute marijuana, but first time offenders will be referred to diversion programs instead of being incarcerated. The new policies take effect immediately, Mosby said.

The purpose of the policy changes is to allow law enforcement to prioritize serious crimes while at the same time saving money and resources that would otherwise be spent going after cannabis consumers. In making the announcement, Mosby also highlighted racial disparities in enforcement and said arresting people for possession undermines public trust in police.

In a paper detailing the policy shift, Mosby said “history demonstrates” that “the roots of the disproportionate impact of marijuana criminalization on people of color in the United States can be traced beyond the War on Drugs.”

“A sordid history of marijuana prohibition lies in ethnic and racial bigotry,” she wrote. “While racial disparities are evident when considering the manner in which marijuana laws are enforced, the problem is even more compounded when such enforcement produces no demonstrable public safety benefit.”

“[G]iven the legitimate public safety concerns that do exist in our nation’s cities, when resources are expended to address marijuana possession cases (from docketing to finger printing and general processing of those arrested to the ultimate resolution of charges), those same resources are no longer available to address significant criminal activity. This leaves those communities most affected by serious crime with no punitive, rehabilitative or public safety value gained from the prosecution of marijuana possession cases.”

While Maryland decriminalized certain marijuana offenses in 2014, hundreds are still arrested for simple possession in Baltimore. The racial disparity in those possession cases is stark. According to a recent Baltimore Fishbowl analysis of police data, 1,514 people were arrested for possession in the city from 2015 to 2017, and 96 percent of those individuals were black.

“Decades of arresting and prosecuting people for marijuana possession did not make Baltimore any safer, and it had a dramatically disproportionate impact on communities of color,” Olivia Naugle, legislative coordinator for the Marijuana Policy Project, said in a press release cheering Mosby’s moves. “Countless individuals have been branded with convictions and subjected to life-altering collateral consequences that cause them more harm than marijuana ever could. Unfortunately, this has continued to be the case in Baltimore City even after decriminalization in 2014.”

“While contemporary attitudes and public policy toward marijuana have changed dramatically in the past few years, the enforcement of marijuana laws remains grossly disproportionate in its impact on communities of color,” Mosby wrote in her report. “Moreover, prosecuting marijuana possession has not been shown to significantly improve public safety or public health outcomes in communities, and the resources saved from prosecuting such cases can be redirected to prosecuting drug kingpins and addressing other significant crimes, including crimes of violence.”

“The [Baltimore City State’s Attorney’s Office] understands this and, coupled with the overwhelming evidence showing that the War on Marijuana has only served to further intensify existing racial biases across our country’s criminal justice system without securing any significant net gains, the Baltimore City State’s Attorney stands ready to use her prosecutorial discretion to change how marijuana laws are enforced in Baltimore City and, in so doing, re-balance the justice system one individual, one family, at a time.”

The city attorney is also proposing state legislation that would empower prosecutors to more broadly vacate convictions. Text of the proposed bill, which was obtained by Marijuana Moment, shows that it would allow prosecutors to vacate convictions for offenses that are no longer crimes, for marijuana and paraphernalia possession and for “any other reason justifying release from the judgment, in the interest of fairness and justice.”

Read the text of Mosby’s proposed bill as well as court documents that will be used in order to vacate relevant convictions below:

Baltimore Marijuana Policy … by on Scribd

Mosby is calling on lawmakers and law enforcement officials to throw their support behind the policy changes.

“We need leaders here in Baltimore who are actively working toward a vision of safety that makes all of us more secure in our great city—that can’t happen when we’re focused on marijuana possession cases instead of solving and prosecuting more murders,” she said.

Mayor Catherine Pugh offered tempered support for the aims of the new cannabis plan in a statement, but urged state legislators to address underlying laws.

Police officials, however, said they would continue arresting people for possessing marijuana, even if there would be no follow up by prosecutors.

“Baltimore Police will continue to make arrests for illegal marijuana possession unless and until the state legislature changes the law regarding marijuana possession,” Baltimore Police Commissioner Gary Tuggle said in a statement.

Nonetheless, Mosby joins a growing coalition of chief prosecutors in major cities that are proactively reforming cannabis enforcement policies while lawmakers weigh broader reform measures. In Manhattan and Brooklyn, for example, district attorneys have implemented similar changes to keep low-level marijuana offenders out of the criminal justice system.

Marijuana Use Will No Longer Be Prosecuted In Manhattan

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.

Culture

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

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

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

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

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

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

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

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

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

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

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

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

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

Democratic presidential candidate Andrew Yang:

Senate Minority Leader Chuck Schumer (D-NY):

House Committee on Small Business:

Congressional Black Caucus:

Sen. Jacky Rosen (D-NV):

Rep. Earl Blumenauer (D-OR):

Rep. Ilhan Omar (D-MN):

Rep. Barbara Lee (D-CA):

Rep. Ro Khanna (D-CA):

Rep. Charlie Crist (D-FL):

Rep. Steve Cohen (D-TN):

Rep. Deb Haaland (D-NM):

Pennsylvania Lt. Gov. John Fetterman (D):

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

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

The American Civil Liberties Union:

Ben & Jerry’s:

Denny’s:

Hidden Valley Ranch:

Carl’s Jr.:

Boston Market:

George Washington’s Mount Vernon:

Bill Maher:

Miley Cyrus:

311:

The Onion:

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

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Politics

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

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

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

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

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

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

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

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

Legalization activists also criticized the move.

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

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

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

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

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

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

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

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

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

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

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

People Could Use Marijuana In Public Housing Under New Congressional Bill

This story has been updated to include comment from Neguse.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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USDA Clarifies That Farmers Can Import Hemp Seeds From Other Countries

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

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

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

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

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

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

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

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

Importation of Hemp Seed from Canada

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

Importation of Hemp Seed from Countries other than Canada

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

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

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

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

Trump Agriculture Secretary Accepts Invitation To Tour Hemp Farms

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