The Canadian government touted the benefits of its legal, regulated marijuana market in comments to the United Nations recently, saying that since legal sales began in the country a year and a half ago, “the illegal market has already lost 30% of its market share” and “rates of use have not changed among youth and young adults.”
The remarks were delivered last Monday to the UN Commission on Narcotic Drugs by Michelle Boudreau, director general for Health Canada’s controlled substances department. As a whole, they portray the country’s decision to legalize cannabis as a victory for public health despite ongoing skepticism from some in the international community.
Canada passed legislation to legalize marijuana for adults in 2018, becoming the largest nation ever to do so. The move technically ran afoul of international drug treaties that still forbid marijuana legalization, but the country nevertheless proceeded with the change.
(1) Strict access controls designed to prevent youth access, (2) strong regulations for the legal cannabis industry, (3) extensive public education on the risks associated with cannabis use, and (4) a comprehensive monitoring and surveillance program.
— Canada UN – Vienna (@Canada_INT_VIE) March 6, 2020
In her remarks to the UN commission, Boudreau stopped short of encouraging other countries to legalize, which may have further rankled UN officials, but she pushed back against international concerns that legalization would endanger public health and young people.
“The illegal market has already lost 30% of its market share, and we have seen no corresponding increase in the overall size of the market,” Boudreau said, according to a written copy of her remarks. “This represents nearly $2 billion in sales that did not go to criminal organizations.”
She added that “initial data suggests that rates of cannabis use have not changed among youth and young adults,” nor has the country seen an increase in movement of cannabis across international borders.
“We will continue to collect data and evaluate the impact of Canada’s new regulatory framework and will ensure that any future decisions are well informed by this data,” Boudreau said.
— Canada UN – Vienna (@Canada_INT_VIE) March 6, 2020
Canada’s comments were delivered less than a week after the UN International Narcotics Control Board (INCB) expressed skepticism around legalization, writing in an annual report that it “remains concerned at the legislative developments permitting the use of cannabis for ‘recreational’ uses.”
“Not only are these developments in contravention of the drug control conventions and the commitments made by States parties,” the UN report said, but “the consequences for health and well-being, in particular of young people, are of serious concern.”
There are signs, however, that global drug policy could be changing soon. The international prohibition on cannabis legalization is nearly 60 years old at this point, as contained in the 1961 Single Convention on Narcotic Drugs. And many, including the president of INCB itself, have openly wondered whether its cannabis provisions are out of date.
Discussing cannabis and synthetic drugs during a UN presentation late last month, INCB President Cornelis P. de Joncheere questioned whether blanket prohibition is still the right approach.
“We have some fundamental issues around the conventions that state parties will need to start looking at,” he said, according to Marijuana Business Daily. “We have to recognize that the conventions were drawn up 50 and 60 years ago.”
Joncheere added that 2021 is “an appropriate time to look at whether those are still fit for purpose, or whether we need new alternative instruments and approaches to deal with these problems.”
Last year, the World Health Organization recommended that marijuana be removed from the most restrictive category of controlled substances under the 1961 treaty. The proposal would shift cannabis and THC to the drug convention’s least-restricted category.
The UN Commission on Narcotic Drugs was set to vote on the WHO recommendation this month, but the vote has been pushed back until December.
In her statements to the UN, Canada’s Boudreau stressed the importance of her country’s public-health approach to drug policy. Part of that approach includes efforts to reduce stigma around drug use, she said, and to that end the nation has included “members of civil society, including people with lived and living experience with substance use, on our delegation.”
“Canada is continuing to make efforts to reflect a broader range of voices in the design of all of our domestic drug policies, including civil society organizations, and people who use drugs,” she said.
END STIGMA! Canada strongly promotes non-stigmatizing attitudes in the provision of health, care and social services for people who use drugs, and we recognize essential contributions by civil society to attain our goals.
— Canada UN – Vienna (@Canada_INT_VIE) March 6, 2020
Although Canada remains in violation of international treaties on cannabis legalization, Boudreau emphasized the nation’s “strong partnership with the [United Nations Office on Drugs and Crime] to achieve the aims of the international drug conventions.”
“Our partnership includes efforts to address illegal trafficking of opioids, their precursors and other synthetic drugs, through projects such as Smart Lab and AIRCOP,” she said. “We also contribute to the Container Control Program which facilitates seizures of illegal drugs and interception of cash couriers. Since 2015 Canada has delivered considerable technical assistance and equipment via the UNODC, with disbursements totaling approximately $54 million.”
Meanwhile, some domestic lawmakers in Canada want the country to go further by decriminalizing the possession of all drugs for personal use. But Prime Minister Justin Trudeau, who led the country’s push to legalize cannabis, reiterated last week that he opposes the move.
“We will take a look at the proposals but as we’ve said many times, we believe in harm reduction, we believe in evidence-based policy,” Trudeau told reporters on Thursday. “Our approach is to ensure that people get the support they need. We do not believe that decriminalizing hard drugs is a solution right now.”
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, 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.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.