Politics
Virginia Marijuana Legalization Bill Approved By Senate Committee, With Home Cultivation Provisions Intact
A Virginia Senate committee on Friday approved a bill to legalize marijuana in the Commonwealth, bringing the proposal one step closer to a full floor vote. Before advancing the legislation to another panel, lawmakers defeated a proposal to remove home cultivation rights for cannabis.
The Senate Rehabilitation and Social Services Committee approved the legislation in a 8-7 vote. Members also accepted a series of recommended amendments from a newly formed subcommittee that’s singularly focused on marijuana policy and that held two hearings on the bill earlier this week.
The legislation, which was unveiled by Gov. Ralph Northam (D) last week and is being carried by top Senate and House leaders, would create a system of regulated and taxed marijuana sales and production, and allow adults 21 and older to purchase and possess up to one ounce of cannabis and cultivate up to four plants for personal use, two of which could be mature.
During Friday’s hearing, the panel discussed and approved the subcommittee proposals. That includes an amendment to establish an independent agency to regulate the marijuana market, rather than have the state’s existing alcohol division handle it as would be the case under the governor’s original proposal. Because of the time it will take to set up that agency, the implementation timeline will be pushed back to 2024 instead of 2023 unless the General Assembly moves to expedite the process in the meantime.
Members also agreed to keep a home grow option for adult consumers, a significant win for reform advocates who argue it will provide a needed access point, particularly to low-income people.
There were two votes on a proposal to remove the personal cultivation provisions; the first was narrowly defeated 8-7 and the second was more soundly rejected 10-5.
“NORML is pleased that cooler heads prevailed, defeating an absurd motion to remove personal cultivation from the bill. Virginians have been very outspoken in their support for this priority, whether it be for medical or adult-use, and the legislature should heed the demands of their constituents,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment. “Without the ability to cultivate for personal use, many Virginians will be left without any reasonable measure of access to safe cannabis products in their area.”
The panel also added safety awareness and best practices guidance provisions for homegrow.
“We applaud the subcommittee for smartly including language to promulgate safety awareness and best practices for personal cultivation, and to require that reasonable steps be taken to secure plants from underage access,” Pedini, who also serves as NORML’s national development director, said.
Lawmakers also voted in favor of an amendment to revise the legislation so that local jurisdictions would have to opt out of allowing cannabis businesses to operate in their areas, instead of opt in as it was initially drafted.
The rationale for that decision came down to a recent policy change in Virginia that no longer allows for “dry” counties and instead requires jurisdictions to opt out of allowing alcohol businesses via referendum.
The full committee further accepted a change to tighten eligibility requirements in social equity licensing policy. The original bill stipulated that a business must have 50 percent ownership by disadvantaged people, but members approved an amendment upping that to 66 percent.
Members further accepted proposals to strengthen public education campaigns on substance misuse and to allow for the integration of medical cannabis, adult-use marijuana and hemp businesses, rather than require them to operate separately.
Sen. Jeremey McPike (D), chair of the panel’s marijuana subcommittee, said in closing remarks that he appreciates the how members collaborated on this proposal, saying “even though there were folks that oppose the overall idea, I think in a bipartisan way, members of the subcommittee really looked to try to improve the various components and parts in a very collaborative manner.”
“This still is going to go through several committees and several more opportunities to better refine this down” he said.
With this vote, the legislation now heads to the Judiciary Committee, which, in its jurisdiction, will take on provisions related to crimes and penalties. After that, the Finance Committee will look at components such as the proposed tax policy before the bill heads to the full Senate floor.
Meanwhile, the House of Delegates is expected to soon take up a companion version of the legislation.
At least one senator took issue with the expediency of this legislative process, complaining about the time he received to review the newly revised lengthy bill ahead of Friday’s meeting.
How in the hell am I supposed to throughly read a 515 page marijuana legalization bill dropped in front of me @ 8:20 am for a committee that gaveled in at 8:00 rehab and social services committee and want me to vote on it. Really? Seriously really?
— Bryce Reeves (@ReevesVA) January 22, 2021
The legislation’s provisions as introduced have been informed by two official state studies on legalization that were recently conducted by a legislative commission and a separate working group comprised of four Virginia cabinet secretaries and other officials, both of which looked at how to effectively implement legalization and submitted recommendations to the governor’s office late last year.
Those studies were required under a marijuana decriminalization bill that was approved last year.
Many of those recommendations have been incorporated into the new legislation, including provisions to promote social equity in the cannabis market. Notably, it would also apportion almost half of the tax revenue the state collects from marijuana sales to funding pre-kindergarten education—a policy championed by First Lady Pamela Northam.
A new 21 percent tax would be imposed on cannabis sales, and local jurisdictions that allow marijuana businesses to operate could levy an additional three percent tax. Existing state sales taxes would also apply on purchases, for a total potential 30 percent tax rate.
Revenue from the new state tax would go toward funding pre-k education (40 percent), a Cannabis Equity Reinvestment Fund (30 percent), substance misuse and treatment programs (25 percent) and public health initiatives (five percent).
Advocates have broadly welcomed the legislature’s quick move to enact legalization, though some have expressed frustration about the limited scope of its social equity provisions.
We propose strongly that Virginia allocates 70% (not 30% as currently written in the bill) of tax revenues to the Cannabis Equity Reinvestment Fund.
VA must make racial equity & racial justice a reality in marijuana legalization, not just an abstract principle. @thcjusticenow https://t.co/u9EuKqSaGW
— ACLU of Virginia (@ACLUVA) January 22, 2021
Our Legislative Director Ashna Khanna on SB 1406 to legalize marijuana:
1. There's a loophole in social equity license eligibility that would not foster ownership by people most harmed by prohibition.
2. Funding & oversight for social equity must be built into the new industry. pic.twitter.com/D8wxcNHoB6
— ACLU of Virginia (@ACLUVA) January 22, 2021
This introduction of the bill came one month after the governor included provisions to lay the groundwork for cannabis legalization in a budget proposal that also calls for millions of dollars to support expungements. Northam had campaigned on merely decriminalizing possession, but he publicly backed broader legalization of marijuana for adult use in November.
Northam said during his State of the Commonwealth address last week that cannabis prohibition was deliberately enacted as a means to discriminate against people of color.
Separate legislation to legalize cannabis for adult use was filed by Del. Steve Heretick (D) earlier this month. A companion version of that bill, sponsored by Sen. Joe Morrisey (D), was also up for consideration by the Senate panel on Friday, but that was formally incorporated into the governor’s proposal and he was added as a chief sponsor.
Meanwhile, legislation to stop police from searching people or seizing property based solely on the smell of marijuana in Virginia is set to take effect after lawmakers adopted recommended changes from the governor in October.
Also during the recently concluded special session, Northam signed another bill that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.
Read the amended marijuana legalization bill below:Â
Virginia marijuana legaliza… by Marijuana Moment
Photo courtesy of Brian Shamblen.
The Louisiana House of Representatives on Tuesday approved a bill to decriminalize marijuana possession, while a committee advanced separate legislation to impose taxes on cannabis sales if the state ends up enacting broader legalization.
Meanwhile, a measure to legalize marijuana sales is scheduled for a vote on the House floor on Wednesday after being delayed from earlier consideration while the sponsor has worked to build support.
Tuesday’s action on the narrower decriminalization bill is the latest example of marijuana reform advancing in the traditionally conservative legislature this session.
The proposal, sponsored by Rep. Cedric Glover (D), has gone through several changes since its introduction.
Originally it would have made it so possession of up to 14 grams of cannabis punishable by a $50 fine and no jail time. And while it was gutted in committee last week to maintain a penalty of $300 and/or 15 days in jail, a floor amendment was approved on Tuesday that again removed the threat of incarceration and set the fine at $100.
Members approved the revised bill in a 67-25 vote.
“This bill is about common ground,” Glover said prior to the vote. “You know there are all different iterations of us in here today, black, white, male, female, big, small, conservative, progressive—and many of us who may not agree on as much as 90 plus percent of any given topic, especially when it comes to something as controversial as marijuana.”
“The possession of a small amount of marijuana should no longer result in two things,” he said. “One is setting out a result, and a path, that leads you to becoming a convicted felon. And neither should it set you on a path to go to prison.”
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Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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In the House Ways and Means Committee, legislation to impose taxes on cannabis sales if Louisiana ends prohibition passed by a voice vote.
As amended by the committee, adults would pay a 15 percent sales tax on cannabis products, in addition to state and local taxes. The resulting revenues would be split between the state general fund and the local local jurisdictions where sales take place, with a chunk of the latter going to support law enforcement. The panel also advanced separate legislation to repeal a current law that requires illicit cannabis sellers to purchase tax stamps for their products. It would only take effect if legalization passes.
Meanwhile, the House approved a bill from Speaker Clay Schexnayder (R) on Monday that is meant to align Louisiana’s hemp program with U.S. Department of Agriculture rules for the crop that were finalized and took effect in March.
Additionally, a Senate committee advanced a bill on Monday that would impose taxes on raw marijuana flower if those smokeable products are legalized for medical use under another measure that cleared the House last week.
Advocates are closely monitoring each of these developments, but the adult-use legalization bill from Rep. Richard Nelson (R) is receiving the most attention.
It would allow adults 21 and older to purchase and possess marijuana from licensed retailers. Possession of up to two and a half pounds of cannabis would be lawful. Regulators would be tasked with creating a permit for adults to grow up to six plants for personal use.
The measure has twice been rescheduled for House floor action at the request of Nelson, who has worked on amendments intended to increase support in what is expected to be a close vote. One proposal that has been posted would remove the home cultivation provisions to address concerns that have been raised by law enforcement.
A separate measure from Nelson that the chamber is set to consider this week would establish a $2,500 annual fee for cannabis business licenses and a $100 annual fee for a personal cultivation permit.
There is an additional decriminalization bill moving through the legislature as well.
That legislation, sponsored by Rep. Candace Newell (D), would simply remove the existing criminal penalties for possession, distribution and dispensing of cannabis “if the legislature provides for a statutory regulatory system for the legal sale and distribution of marijuana and establishes a sales tax on those sales.”
When it comes to broader legalization, while advocates have generally expected resistance from the governor, who has repeatedly expressed opposition to the reform, he did say last month that he has “great interest” in the legalization proposal, and he pledged to take a serious look at its various provisions.
Last year, the legislature significantly expanded the state’s medical marijuana program by passing a bill that allows physicians to recommend cannabis to patients for any debilitating condition that they deem fit instead of from the limited list of maladies that’s used under current law.
Gov. John Bel Edwards (D) signed the measure in June 2020 and it took effect weeks later.
As state lawmakers have continued to advance these marijuana reform bills, two recent polls—including one personally commissioned by a top Republican lawmaker—show that a majority of voters are in favor of legalizing cannabis for adult use.
Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session
With Democrats in control of the Senate this session, Majority Leader Chuck Schumer (D-NY) doesn’t plan to jeopardize a marijuana legalization bill he’s working on by advancing a more modest cannabis banking measure first.
In an interview with The Ringer that was released on Tuesday, the senator reiterated that he and his colleagues will be “introducing our bill shortly” to end cannabis prohibition—and he said banking reform legislation that’s been filed will have to wait because “we’re not going to bargain against ourselves.”
Schumer made a similar point in an interview with Marijuana Moment last month, arguing that passing a measure that protects banks that service state-legal cannabis businesses first could jeopardize the chances of advancing comprehensive reform. The thinking is that Republicans and moderate Democrats who are on the fence about a bolder policy change might be less inclined to vote for it if they have an opportunity to pass a more modest bill like the Secure and Fair Enforcement (SAFE) Banking Act instead.
Senate Majority Leader @SenSchumer and @Bakari_Sellers discuss the possibility of legalizing marijuana pic.twitter.com/MWnyFsXiIX
— The Ringer (@ringer) May 11, 2021
The House has already approved the marijuana banking bill this session along largely bipartisan lines.
“We want a strong, comprehensive bill. We’ll introduce it,” the leader told podcast host Bakari Sellers, adding that “there’s huge support” for legalization, including in conservative states like South Dakota where voters approved a reform initiative last year.
“We’re going to get some support from the right on this as well we hope, and we’re going to push it,” Schumer said. “It’s going to take a little while. We’re going to need a mass campaign. But there’s real excitement in the country to do this.”
Schumer has been working with Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) to draft a legalization bill over the course of the past few months. He’s been making the case for reform everywhere from the Senate floor to a cannabis rally in New York City.
Beyond ending prohibition, Schumer said the proposal he and his colleagues are working on will “ensure restorative justice, public health and implement responsible taxes and regulations,” similar to what New York lawmakers sought to accomplish in a legalization bill that the governor signed into law late last month.
The senator also said last month that the legalization bill they’re working on will be brought to the floor of his chamber “soon.”
He, Wyden and Booker formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.
Schumer made a point in March to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.
Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.
He also urged voters to reach out to their congressional representatives and tell them that “this is long overdue.”
On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.
Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session
Politics
Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session
Facing a tight deadline, a top Connecticut lawmaker said on Tuesday that a bill to legalize marijuana may be taken up in a special session after the legislature completes its regular business for the year.
With the June 9 end of the legislative session less than a month away, House Majority Leader Jason Rojas (D) was asked about the prospects of passing legislation to end cannabis criminalization in 2021—and he said lawmakers have been having “great conversations” with Gov. Ned Lamont’s (D) administration as they work through competing reform proposals.
“It’s just one of those issues that we’re working through some of the details that were of concern to everyone over the past couple months, but we’re making progress,” Rojas told a reporter from CT News Junkie during a press conference.
House Speaker Matt Ritter (D) chimed in to say that “if we can find a path to a deal, it’s the kind of thing that I think you could always go into overtime if you had to,” adding that “we’d all be comfortable coming to special session for that issue.”
Watch the Connecticut lawmakers discuss marijuana legalization, starting around 24:40 into the video below:
But while some progress has been made in reconciling competing reform proposals from the governor and the legislature, it’s not clear how close lawmakers are to reaching a deal and moving a proposal to floor votes—and Lamont is still waiting to review updated legalization legislation that’s in the process of being drafted, he said on Monday.
“I can tell you that [administration staff has] put together a very complete law for consideration by the legislature,” the governor said, referring to his own legalization proposal. “It’s sitting on their desk, and we’re ready for some decisions.”
Lamont’s chief of staff added that administration officials have been “meeting with legislative negotiators,” and they’re “waiting for them to provide us a revised draft” of a reform bill.
A bill to legalize marijuana for adult use that the governor is backing cleared the Judiciary Committee last month after being amended by the panel. But if a legalization measure isn’t enacted this year, Lamont said that he anticipates that the issue could go before voters.
“Marijuana is sort of interesting to me. When it goes to a vote of the people through some sort of a referendum, it passes overwhelmingly. When it goes through a legislature and a lot of telephone calls are made, it’s slim or doesn’t pass,” Lamont said. “We’re trying to do it through the legislature. Folks are elected to make a decision, and we’ll see where it goes. If it doesn’t, we’ll probably end up in a referendum.”
Ritter similarly said last year that if the legislature isn’t able to pass a legalization bill, he will move to put a question on the state’s 2022 ballot that would leave the matter to voters.
A competing legalization measure from Rep. Robyn Porter (D), which is favored by many legalization advocates for its focus on social equity, was approved in the Labor and Public Employees Committee in March.
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Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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A survey from Sacred Heart University (SHU) that was released last month found that about 66 percent of people in the state favor legalizing cannabis for adult use, while 27 percent are opposed.
Lamont, who convened an informal work group in recent months to make recommendations on the policy change, initially described his legalization plan as a “comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice.”
But while advocates have strongly criticized the governor’s plan as inadequate when it comes to equity provisions, Ritter said in March that “optimism abounds” as lawmakers work to merge proposals into a final legalization bill.
Rojas also said that “in principle, equity is important to both the administration and the legislature, and we’re going to work through those details.”
To that end, the majority leader said that working groups have been formed in the Democratic caucuses of the legislature to go through the governor’s proposal and the committee-approved reform bill.
In February, a Lamont administration official stressed during a hearing in the House Judiciary Committee that Lamont’s proposal it is “not a final bill,” and they want activists “at the table” to further inform the legislation.
The legislature has considered legalization proposals on several occasions in recent years, including a bill that Democrats introduced last year on the governor’s behalf. Those bills stalled, however.
Lamont reiterated his support for legalizing marijuana during his annual State of the State address in January, stating that he would be working with the legislature to advance the reform this session.
Ritter said in November that legalization in the state is “inevitable.” He added later that month that “I think it’s got a 50–50 chance of passing [in 2021], and I think you should have a vote regardless.” The governor said in an interview earlier this year that he puts the odds of his legislation passing at “60-40 percent chance.”
The governor has compared the need for regional coordination on marijuana policy to the coronavirus response, stating that officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana, as well.”
He also said that legalization in Connecticut could potentially reduce the spread of COVID-19 by limiting out-of-state trips to purchase legal cannabis in neighboring states such as Massachusetts and New Jersey.
Photo courtesy of Mike Latimer.
