A bill that would have allowed California marijuana merchants to give product away free of charge to low-income people was one of a slew of drug policy reform proposals rejected over the weekend by Gov. Jerry Brown, who is approaching the end of his 50-year career in public service on a prohibitionist, obstructionist note.
Despite California’s reputation as a progressive, forward-leaning state on issues like climate change—a pet issue of the governor—Brown, a Democrat, in recent days has rejected bills that would have provided for:
*safe-injection sites to alleviate the opiate overdose crisis;
*licensed commercial cannabis retailers to deduct business expenses;
*schools to allow children medical marijuana access on campus;
*multiple licensed marijuana businesses to share in common required resources like breakrooms and lobbies and
*an expansion of the California Marijuana Research Program.
Brown did sign bills over the weekend that allow for an expansion of hemp farming and for the removal or reduction of prior cannabis convictions.
One of the proposals the governor rejected, Senate Bill 829, introduced by state Sen. Scott Wiener (D-San Francisco), would have authorized licensed cannabis retailers to “offer free cannabis or cannabis goods” to medical marijuana patients. But Brown said no, on the basis that it violated California’s voter-approved recreational marijuana law, Prop. 64.
Under current state law, licensed medical-cannabis retailers are prohibited from giving away samples free-of-charge.
That’s a break from past practices pre-legalization, when medical marijuana dispensaries often provided free or steeply discounted cannabis to low-income patients, whose government-subsidized health insurance would pay for pharmaceutical drugs like opiates, but not cannabis.
“Providing free cannabis to a person with only a doctor’s recommendation undermines the intent of the voters,” Brown wrote in his Sept. 30 rejection message.
The governor’s excuse confused and infuriated cannabis advocates, who dismissed Brown’s reasoning as unsound or dishonest.
“With most of these bills, at least the administration gave us the rationale—maybe they can be fixed through the regulatory process, maybe they’re at least acceptable in their eyes,” Josh Drayton, spokesman for the California Cannabis Industry Association, told Marijuana Moment in a phone interview.
But with SB 829, “I was left a little shell-shocked,” Drayton said. “There was no rationale behind it, other than it violates statute. That one really took me by surprise.”
Dale Gieringer, executive director of California NORML called Brown’s veto message “off-point and outrageous.”
“Nowhere does Prop. 64 say that it is intended to impede free donations of medicine to needy patients,” he wrote in an email on Monday.
“The purposes and intents section of the initiative is clear that it pertains only to adult-use marijuana, and does not override Prop 215 [California’s original medical marijuana law, passed in 1996],” he added. “This state could use a new Governor. Fortunately we’re in luck on that score.”
In a tweet on Monday, Wiener, SB 829’s sponsor, vowed to try again next year.
The Governor vetoed our bill to protect “compassionate care” #cannabis programs from state taxes. These programs give medical cannabis to low income ppl for free. They have no revenue & can’t pay taxes. #SB829 would exempt them from taxes so they don’t shut down. We’ll be back. pic.twitter.com/10FqeL2uuY
— Scott Wiener (@Scott_Wiener) October 1, 2018
The frontrunner to replace the term-limited Brown is current Democratic Lt. Gov. Gavin Newsom, who was an early endorser of marijuana legalization and has accepted campaign donations from cannabis interests.
For marijuana industry insiders and advocates tired of the incumbent, Newsom is seen as vast improvement.
But it would be hard work for any politician to appear less marijuana-friendly than Jerry Brown, who has seen fit to dismiss cannabis or its consumers even when off-topic.
In a recent interview with The New York Times on the subject of climate change, for example, Brown suggested that marijuana legalization was somehow distracting from the task of reducing carbon emissions.
“We either do nothing and smoke marijuana because it’s legalized, or we put our shoulder to the plow and do everything we can,” the governor said, apropos of nothing (aside from whatever was on his mind at the moment, which was evidently marijuana).
The remark was just the latest in a string of gratuitous insults lobbed at the cannabis community by Brown over the years.
It’s not entirely clear what’s behind Brown’s obvious distaste for marijuana legalization and related reforms. He has not shared his reasoning, nor is there any particular incident from his decades in public service that is revelatory on the matter.
Chris Christie Finally Recognizes Marijuana Legalization As States’ Rights Issue
Famously anti-marijuana former New Jersey Gov. Chris Christie (R) isn’t jumping on the pro-legalization train any time soon—but new comments suggest he might be softening his opposition a smidge, recognizing marijuana reform as a states’ rights issue.
Speaking at Politicon on Saturday, Christie took a question about his cannabis stance from YouTuber Kyle Kulinski, who asked him to weigh in on studies showing that states with legal marijuana programs experience lower rates of opioid addiction and overdoses compared to non-legal states. He was quick to dismiss the research, contending that other studies show the “exact opposite.”
“I just don’t believe when we’re in the midst of a drug addiction crisis that we need to legalize another drug,” Christie said, echoing comments he’s made as chair of President Donald Trump’s opioids committee.
Then he pivoted, acknowledging that some will push back on his anti-legalization position by pointing out that alcohol is legal. “I get that,” he said, “but I wasn’t here when we legalized alcohol.”
Kulinski seized on that point and asked the former governor if he’d vote to ban alcohol.
“No, I wouldn’t ban it. You can’t put the toothpaste back in the tube, and that’s a big, important argument about marijuana because once you legalize this, that toothpaste never goes back in the tube.”
Christie stood out among other Republican and Democratic contenders during his 2016 presidential run by maintaining that in addition to personally opposing legalization, he’d crack down on legal cannabis states and enforce federal laws nationwide if elected.
“If you’re getting high in Colorado today, enjoy it,” Christie said in 2015. “As of January 2017, I will enforce the federal laws.”
So it came as something of a surprise when the former governor went on to say in the Politicon appearance that “states have the right to do what they want to do on this,” signaling a modest shift in his anti-marijuana rhetoric. States should have that right even though, as Christie put it, “broad legalization of marijuana won’t, in my view, alleviate or even minimize the opioid crisis.”
It’s unclear what’s behind the apparent shift from hardline prohibitionist to wary federalist, but who knows… maybe Christie experienced an epiphany at a Melissa Etheridge concert he attended earlier this month.
Etheridge, who recently spoke with Marijuana Moment about her cannabis advocacy and use of the drug for medicinal purposes, reacted to a tweet showing Christie at one of her recent performances, where he reportedly knew every word of her songs and sang along.
— Melissa Etheridge (@metheridge) October 6, 2018
Christie, for his part, replied that he “enjoyed every minute of a great performance and a truly wonderful group of fans.”
And enjoyed every minute of a great performance and a truly wonderful group of fans https://t.co/TQdJ8fzkTM
— Governor Christie (@GovChristie) October 6, 2018
Photo courtesy of Gage Skidmore.
Marijuana Support Grows: Two Out Of Three Americans Back Legalization, Gallup Says
Two-thirds of Americans now support legalizing marijuana, the highest percentage ever in Gallup’s ongoing decades-long series of national polls on the topic.
The new survey released on Monday shows that U.S. adults back ending cannabis prohibition by a supermajority margin of 66 percent to 32 percent. That’s more than a two-to-one ratio.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Jurassic Blueberries.
North Dakota Marijuana Legalization Measure Winning In Latest Poll
North Dakota voters appear poised to legalize marijuana via a ballot measure next month, according to a new poll.
Measure 3, which would legalize cannabis for adults 21 and over in one of the country’s most conservative states—and with no possession limits—is ahead among likely voters by a margin of 51 percent to 36 percent in the survey released on Sunday.
North Dakota has brought marijuana policy reform supporters pleasant surprises before. Medical cannabis was approved there by an overwhelming majority of voters in 2016, for example, and will be available to patients sometime in 2019.
And despite little pro-legalization funding and relatively large spending in opposition to the ballot measure—a flip of the usual paradigm seen in most other states with cannabis initiatives—libertarian-leaning and younger voters on the prairie appear to be pushing Measure 3 towards a slim victory.
The results sharply contrast to those of another poll released earlier this month, which found the marijuana measure losing, 59 percent to 30 percent.
And although legalization support was significantly larger than opposition in the new survey, 13 percent of the 412 respondents say they are still undecided, leaving the issue very much in balance in the lead up to Election Day.
Nonetheless, legalization advocates are pleased with the new polling result.
“Despite a big-money funded misinformation campaign from the opposition, this poll reveals that most North Dakotans are ready to end the failed prohibition of marijuana in the state,” NORML Executive Director Erik Altieri said in a press release. “By voting ‘Yes’ on Measure 3, North Dakotans could save the state millions of taxpayer dollars currently being spent on arresting otherwise law-abiding adults for possession of a plant that is objectively less harmful than legal alcohol and tobacco, allow law enforcement to allocate their limited resources to focus on violent crime, and defend individual freedom.”
But activists know that the opposition has more money, and aren’t taking anything for granted over the next few weeks.
“The message of ending marijuana arrests is resounding in North Dakota, and these results demonstrate that voters are hearing our call for action. This is a dogfight, and LegalizeND will continue to set the record straight when it comes to adult-use marijuana,” Cole Haymond, a campaign advisory for Legalize ND, said.
Consistent with other states where medical marijuana has become legal, the measure performed best with voters under 50 in the new poll. Fifty-seven percent of respondents were 50 or older, suggesting that if younger voters turn out on Election Day, the measure may stand an even better chance of success.
“Passage of Measure 3 is greatly dependent upon the voters under the age of 50 voting in at least their historical percentages,” reads a polling memo by The Kitchens Group, which conducted the survey. “If the electorate is skewed toward the older, more conservative voters, passage could be problematic.”
But Measure 3 is being sold to voters on a personal responsibility platform, with emphasis on harsher penalties for sales to minors—and on marijuana’s proven ability to alleviate opiate-related overdoses and deaths.
When these aspects of the ballot measure were mentioned to poll respondents, support increased by the end of the eight-question survey.
Both before and after the push-polling, the percentage of voters who said they would “definitely” vote no stayed at a consistent 29 percent, suggesting that North Dakota has only a hardcore minority of prohibition-minded voters, with many more undecideds and pro-legalization voters.
The ballot measure is very far-reaching compared to those proposed in other states. It would allow possession, cultivation and sales of marijuana, with no set limits, though lawmakers would almost certainly enact regulations in the event of the measure’s passage. It would also expunge prior cannabis convictions.
The poll was conducted between October 11 and 14, and has a margin of error or +/- 4.9 percentage points.
Voters in seven states will consider marijuana ballot measures on Election Day this year.
An earlier version of this article incorrectly stated that Measure 3 legalized only small amounts of marijuana. The text of Measure 3 legalizes marijuana for adults 21 and over with no possession limits. This article has been updated.