For the first time, congressional Democrats held a policy retreat that featured a panel dedicated entirely to marijuana reform and the need to repair the harms of the war on drugs.
The panel at House Democrats’ gathering took place last Thursday morning, with reform advocates sharing their perspective on cannabis legislation moving through Congress and discussing not just why legalization is important but emphasizing how a legal cannabis system should be implemented. That marijuana should be legalized seemed to be accepted as a foregone conclusion at the event, which attracted no opponents and contained no discussion of whether to end prohibition. Instead, conversations centered on how to shape the legal industry.
There was a strong emphasis on the racial injustices of prohibition at the event, which was moderated by Reps. Barbara Lee (D-CA) and Earl Blumenauer (D-OR).
Titled “From the War on Drugs to Restorative Justice: Ensuring Racial and Social Equity in the Cannabis Movement,” the panel drew an enthusiastic crowd despite the 7:45 AM start time. Lawmakers and staffers watched speakers discuss issues such as diversity in the legal cannabis industry, the long-term consequences of criminalization and barriers to accessing medical marijuana.
Lawmakers who attended the cannabis panel include Reps. Hakeem Jeffries (D-NY), Alcee Hastings (D-FL), Ed Perlmutter (D-CO), Joe Neguse (D-CO), Deb Haaland (D-NM) and Frank Pallone (D-NJ).
The panel is “another indication of how seriously that Dems are taking the issue around marijuana reform and their centering of marijuana reform having to be a conversation that’s broader than just descheduling,” Queen Adesuyi, policy coordinator at the Drug Policy Alliance and one of the event’s speakers, told Marijuana Moment. “It’s a conversation about criminal justice reform, civil rights.”
House leadership is involved in approving these conference panels, Adesuyi said, so the marijuana-specific event reflects the Democratic majority’s willingness to advance cannabis legislation in the 116th Congress. Conversations focused on passing bills that were “comprehensive,” going beyond simply removing marijuana from the Controlled Substance Act but also ensuring that the market that emerges is equitable.
“The major topics/overarching themes of the discussion will be (1) stopping the hyper-criminalization of communities, (2) assessing the harm done by the failed war on drugs, (3) building a responsible and equitable industry in its place, and (4) repairing the harm that has been done,” a memo for the panel, obtained by Marijuana Moment, states.
Here are the “framing questions” the panel addressed, per the memo:
“What are some of the specific ways that marijuana prohibition and its enforcement has devastated people of color? What are some of the consequences of a marijuana arrest or conviction?
How have these policies impacted communities at large? What type of lasting consequences have we seen come from marijuana prohibition as a policy?
Will legalizing marijuana for adult use improve the situation? What considerations should lawmakers be making as they look to legalizing marijuana for adult use? (i.e.Clearing records, investing in communities, reuniting families)
Have the states who have moved on this issue been intentional about removing the prohibition framework? What are some examples of further steps that can be taken?
Many states have now created industry without being intentional about the structural inequities that persist post legalization such as access to capital, what type of burden should fall on the states to deliver on equity? And what type of challenges are being experienced by entrepreneurs as they seek to grow in this space?”
Various pieces of cannabis legislation were listed on the agenda, including the wide-ranging Marijuana Justice Act sponsored by Lee and the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act from Blumenauer.
While the panel didn’t specifically address the limited social equity provisions of the STATES Act, which Sen. Cory Booker (D-NJ) raised as his reason for declining to cosponsor the legislation this Congress, it did focus on the necessity of those provisions.
Passing marijuana reform should involve “restorative justice, implementing criminal justice and drug policy reforms, reinvesting in communities of color, and ensuring the inclusion of entrepreneurs of color in the fast-moving cannabis industry,” the memo states.
“There was a great collegial spirit in the room, where people were really feeling energized by wanting to fight to end prohibition and end it in a way that is comprehensive,” Adesuyi said. “It seems like Dems are at the point where they are more fully understanding the breadth of what it means to end marijuana prohibition.”
Beside the marijuana panel, some Democratic members of Congress at the retreat also participated in a separate trivia game that had a cannabis section. Members were tested on their knowledge of different types of marijuana and smoking apparatuses, and Rep. Ruben Gallego (D-AZ) won in the end by correctly answering a question about gravity bongs.
Marijuana Moment Patreon supporters can read the memo for the Democrats’ cannabis panel below:
Image element courtesy of Tim Evanson.
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.