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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.

Politics

USDA Outlines Rules For Importing Hemp Plants And Seeds From Other Countries

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The U.S. Department of Agriculture (USDA) quietly updated guidance last week to clarify that hemp seeds and plants may be imported from other countries.

As was the case under a previous announcement focused on seeds, the requirements for importing the full plant from Canada are different than for other countries. Plants from Canada are allowed if they’re “accompanied by a phytosanitary certificate from Canada’s [national plant protection organization” to verify the origin of the plant and to confirm no plant pests are detected.” For other countries, importers must fill out an additional permit application.

Companies can also import hemp seeds from Canada if they produce a “Federal Seed Analysis Certificate.”

In addition to a phytosanitary certificate, those who seek to import seeds from countries other than Canada are subject to a Custom and Border Protection inspection at the port of entry in order “ensure they meet [Animal and Plant Health Inspection Service] regulations, including certification and freedom from plant pests.”

Prior to last week, USDA had only offered guidance on the rules for importing seeds, which it released in April. Both updates are in response to the federal legalization of hemp and its derivatives under the 2018 Farm Bill.

USDA has taken an incremental approach to the implementation process for hemp since the legislation was signed into law last December. The department said in April that it’s accepting applications for intellectual property protections for seed-propagated hemp.

In August, USDA said farmers operating under the 2014 Farm Bill are eligible for federal crop insurance for the 2020 planting season. That coverage will extend to all hemp farmers after USDA releases its final regulations for the crop.

USDA Deputy Secretary Stephen Censky said on Monday that the department plans to release its interim final rule on hemp within “the next couple of weeks.”

The latest development comes after more than three months of interagency review of the regulations, which included input from the Justice Department and White House Office of Management and Budget.

Hemp Regulations Will Be Issued Within Weeks, Top USDA Official Says

Photo courtesy of Pixabay.

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Politics

Vaping Injury Outbreak Hasn’t Hurt Marijuana Legalization Support, Gallup Poll Shows

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Two-thirds of Americans favor legalizing marijuana, according to a Gallup survey released on Wednesday.

The 66 percent support for ending cannabis prohibition is the same the polling firm found last year—indicating that supermajority backing for broad marijuana in the U.S. hasn’t waned in the wake of a widespread outbreak of vaping-related injuries that prohibitionists have sought to pin on legalization.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

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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Business

Feds Send Warning Letter To Another CBD Company Over Medical Claims

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The Food and Drug Administration (FDA) and Federal Trade Commission (FTC) sent a warning letter to a Florida-based CBD company on Tuesday, alleging that the business made several unsanctioned claims about the therapeutic benefits of their products.

The federal agencies accused Rooted Apothecary of unlawfully asserting that their cannabidiol products could treat symptoms of conditions such as ADHD, Parkinson’s disease, ear aches, ADHD and autism. Those claims appeared on the company’s website and social media accounts, they said.

Certain products appeared to be marketed as dietary supplements, which FDA currently prohibits as it works to develop an alternative regulatory scheme for CBD.

“Cannabis and cannabis-derived compounds are subject to the same laws and requirements as FDA-regulated products that contain any other substance,” Acting FDA Commissioner Ned Sharpless said in a press release. “We are working to protect Americans from companies marketing products with unsubstantiated claims that they prevent, diagnose, treat, or cure a number of diseases or conditions.”

“We’ve sent numerous warning letters that focus on matters of significant public health concern to CBD companies, and these actions should send a message to the broader market about complying with FDA requirements,” he said. “As we examine potential regulatory pathways for the lawful marketing of cannabis products, protecting and promoting public health through sound, science-based decision-making remains our top priority.”

FTC’s complaint with the company is that it violated a law that requires businesses that advertise medical claims about their products to have “competent and reliable scientific evidence” to back them up, which could include human clinical trials. Making or exaggerating such claims through “a product name, website name, metatags, or other means” without proper evidence is also prohibited.

Rooted Apothecary must respond to the agencies within 15 working days to explain what steps it’s taking to resolve the issues. If the company fails to do so, it is subject to legal action, including the possible seizure of its products or an injunction. It may also have to compensate customers.

FDA emphasized that CBD products—other than the prescription medication Epidiolex, for the treatment of intractable epilepsy—are not currently allowed. But it also reiterated that the agency is in the process of developing rules that could allow for the lawful marketing of the compound.

In April, FDA sent warning letters to three other CBD companies that it said was making unauthorized claims about the medical benefits of their products. FTC also submitted warning letters to three separate CBD companies for allegedly advertising misleading statements about their products last month.

These letters are examples of the agency’s use of enforcement discretion. Former FDA Commissioner Scott Gottlieb, who recently suggested that the federal government should be involved in regulating state marijuana programs, clarified in March that the agency is only going after companies that make especially misleading claims about their products.

Senate Majority Leader Mitch McConnell (R-KY), who championed a provision of the 2018 Farm Bill federally legalizing hemp and its derivatives, has urged FDA to clear a path for the lawful marketing of CBD products by using enforcement discretion while it develops an interim final rule. A bipartisan group of lawmakers made a similar request in a letter sent to the agency last month.

“The FDA is working quickly to further clarify our regulatory approach for products containing cannabis and cannabis-derived compounds like CBD while using all available resources to monitor the marketplace and protect public health by taking action as needed against companies,” FDA Principal Deputy Commissioner Amy Abernethy said.

“We recognize that there is significant public interest in cannabis and cannabis-derived compounds; however, we must work together to fill in the knowledge gaps about the science, safety and quality of many of these products,” she said. “We are committed to advancing our regulation of these products through an approach that, in line with our mission, prioritizes public health, fosters innovation and promotes consumer confidence.”

Hemp Regulations Will Be Issued Within Weeks, Top USDA Official Says

Photo courtesy of Kimzy Nanney.

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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