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Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo

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The New York Police Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization bill into law this week.

Among other changes, police can no longer arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted—and that includes “on sidewalks, on front stoops and other public places,” the document states. “As a result, smoking marihuana in any of these locations is not a basis for an approach, stop, summons, arrest or search.”

As prescribed under the law, adults can now possess up to three ounces of cannabis and also gift marijuana to other adults “so long as no compensation is exchanged,” NYPD said. Home cultivation will eventually be legal as well, but not until regulators issued rules allowing it.

The department clarified that nobody, regardless of age, can drive while impaired from cannabis. However, “the smell of marihuana alone no longer establishes probable cause of a crime to search a vehicle,” whether it’s burnt or unburnt.

There are exceptions to the rule if a person driving a car is observed to be impaired and “there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. smell of burnt marihuana or admission of having smoked recently).” Enforcement can also be taken if a person is seen consuming cannabis while driving, regardless of whether they don’t show signs of impairment.

Possession of marijuana by people under 21 is also unlawful, but “under the current state of the law, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses 3 ounces or less.”

“In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo says. “Until that time, possession of 3 ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile report or arrest. Possession by individuals under 21 of more than 3 ounces is enforceable.”

Another significant policy change concerns people on parole, who are now “permitted to use marihuana unless the terms of their parole specifically prohibit it.”

“This means that [members of service] may not approach, stop or detain a parolee based on their use or possession of lawful amounts of marihuana (3 oz or less),” the memo, which was first reported by CNN, says. “If MOS observe a person known to the Department, whose terms of parole do prohibit possessing or smoking marihuana, MOS should notify the relevant parole officers.”

The department also noted that the state Office of Cannabis Management, which was established under the legalization measure and now has a website that launched on Friday, will be creating regulations allowing adults to cultivate marijuana for personal use.

While it’s not currently legal to grow plants until those rules are created, once they take effect, “individuals 21 or older will be permitted to grow a maximum of 6 plants at their home (3 mature and 3 immature),” and each household “is permitted to have no more than 12 plants regardless of how many individuals 21 or older live in that home.”

Read NYPD’s memo on the marijuana policy changes below: 

NYPD marijuana memo by Marijuana Moment

Colorado Is Auctioning Marijuana-Themed License Plates To Raise Money For People With Disabilities

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Bipartisan Lawmakers Push VA To Allow Medical Marijuana Access For Veterans ‘As Soon As Possible’

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The U.S. Department of Veterans Affairs (VA) must urgently institute a policy change to ensure that military veterans can access cannabis for therapeutic use, a bipartisan coalition of congressional lawmakers said in a new letter.

Writing to VA Secretary Denis McDonough on Wednesday, the co-chairs of the Congressional Cannabis Caucus urged the official to consider “a change in policy to allow access to medical cannabis fro VA patients” and to “act swiftly and implement this change as soon as possible.”

The lawmakers pointed to surveys showing high rates of opioid addiction and post-traumatic stress disorder (PTSD) among the veteran community.

“Research has shown that cannabis can be safe and effective in targeted pain-management. Additionally, cannabis has proven benefits in managing PTSD and other health issues, including multiple sclerosis (MS) and seizure disorders,” the letter states. “Despite its efficacy, antiquated bureaucratic red-tape continues to deny veterans these life-altering treatments.”

“Congress and several administrations have enacted various well-intentioned intervention attempts, however, over twenty veterans continue to die by suicide each day—it is past time we stop barring access from these innovative therapies. We therefore respectfully urge you to ensure no veteran can be denied medically prescribed cannabis treatments.”

The letter comes weeks after McDonough participated in a Veterans Day Q&A where he said that VA officials are “looking at” the possibility of an internal policy change and have discussed it with the White House and Department of Justice. The secretary also talked about being personally moved by stories from veterans who’ve found relief using medical marijuana.

“We’re trying to explore what more we can do,” he said at the time. “And I’ve talked to our friends in the rest of the federal government, including the Department of Justice, on what we can do on this, and with the White House.”

The Congressional Cannabis Caucus co-chairs—Reps. Earl Blumenauer (D-OR), David Joyce (R-OH), Barbara Lee (D-CA) and Don Young (R-AK)—want McDonough to speed up the policy change process.

“America’s veterans have risked life and limb to preserve our freedoms, so we must not allow the unnecessary politicization of medical cannabis to hinder their lifesaving therapies,” they wrote. “We stand ready to work with you and your administration in advancing these necessary treatments.”

While congressional lawmakers are working to advance legislation to end marijuana prohibition, McDonough’s department has resisted even modest proposals meant to promote veteran access and clinical research into the medical value of cannabis.

One such research bill was approved by the House Veterans Affairs Committee earlier this month, despite testimony from the department opposing the reform. VA’s David Carroll told lawmakers that the legislation was overly prescriptive and argued that the department is already conducting robust research into marijuana.

Some had held out hope that VA would back the reform this session after the sponsor, Rep. Lou Correa (D-CA), said that he’d had a conversation with McDonough about the issue of marijuana and veterans.

On the Senate side, a coalition of lawmakers recently filed an amendment to the National Defense Authorization Act (NDAA) that would federally legalize medical cannabis for military veterans who comply with a state program where they live. VA doctors would also be explicitly allowed to issue marijuana recommendations.

Read the letter to the VA secretary on marijuana access below: 

Click to access caucus-letter-to-va-secretary-december-2021.pdf

Biden Treasury Secretary Says ‘Of Course’ Marijuana Banking Would Make IRS’s Job Easier

Photo courtesy of Chris Wallis // Side Pocket Images.

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Biden Treasury Secretary Says ‘Of Course’ Marijuana Banking Would Make IRS’s Job Easier

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The secretary of the U.S. Treasury Department said on Wednesday that freeing up banks to work with state-legal marijuana businesses would “of course” make the Internal Revenue Service’s (IRS) job of collecting taxes easier.

At a hearing before the House Financial Services Committee, Rep. Ed Perlmutter (D-CO) referenced recent comments from an IRS official about the “special type of collection challenge the IRS undertakes regarding tax collection from cannabis-related businesses forced to operate in cash only.”

“Do you agree if these business were simply allowed to access the banking system and didn’t have to transact business only in cash it would make the IRS job easier?” Perlmutter asked Secretary Janet Yellen.

“Yes, of course it would,” she replied matter-of-factly.

The congressman also talked about his bill—the Secure and Fair Enforcement (SAFE) Banking Act—which has passed the House in some form five times now and would resolve the issue by protecting financial institutions that service state-legal cannabis businesses.

Numerous financial, labor and insurance associations, as well as key lawmakers, are pushing the Senate to attach the measure to must-pass defense spending legislation, as the House already has. Bipartisan members of the Senate Armed Services Committee, as well as senators representing Colorado, made the same request in recent letters.

While Yellen’s response was quick, it’s yet another example of a federal official recognizing the untenability of the status quo.

Steven Mnuchin, the Treasury secretary under the Trump administration, repeatedly addressed the issue, saying the current policy conflict creates “significant problems” for IRS and financial regulators. It “creates significant risk in the communities for collecting this amount of cash. It’s problematic,” he said last year.

IRS, for its part, said in September that it expects the cannabis market to continue to grow, and it offered some tips to businesses on staying compliant with taxes while the plant remains federally prohibited.

With respect to the SAFE Banking Act, a bipartisan coalition of two dozen governors recently implored congressional leaders to finally enact marijuana banking reform through the large-scale defense legislation.

A group of small marijuana business owners also recently made the case that the incremental banking policy change could actually help support social equity efforts.

Rodney Hood, a board member of the National Credit Union Administration, wrote in a recent Marijuana Moment op-ed that legalization is an inevitability—and it makes the most sense for government agencies to get ahead of the policy change to resolve banking complications now.

Federal data shows that many financial institutions remain hesitant to take on cannabis companies as clients, however, which is likely due to the fact that the plant is a strictly controlled substance under federal law.

Texas Activists Turn In Signatures To Put Marijuana Decriminalization On Austin’s 2022 Ballot

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Texas Activists Turn In Signatures To Put Marijuana Decriminalization On Austin’s 2022 Ballot

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Texas activists on Wednesday turned in signatures to place a marijuana decriminalization initiative on Austin’s 2022 ballot.

Ground Game Texas, a progressive organization that was established earlier this year, submitted more than 30,000 signatures to qualify the local measure to go before voters in the May 7 election next year.

While Austin, as well as other Texas cities like Dallas, have already independently enacted law enforcement policy changes aimed at reducing arrests for cannabis-related offenses by issuing citations and summons, the Austin Freedom Act of 2021 would take the reform a step further.

The initiative seeks to end arrests and citations for misdemeanor marijuana possession within Texas’s capital city. Also, it says police cannot issue citations for residue or paraphernalia in lieu of a possession charge.

“Thanks to the tireless efforts of on-the-ground organizers from Ground Game Texas and partner organizations, Austin residents will soon have the ability to make lasting change to our antiquated and racist criminal justice laws,” Mike Siegel, political director of Ground Game Texas, said in a press release. “With successful campaigns like these, Ground Game Texas will continue to empower and excite communities around progressive change—and deliver for the marginalized communities that too often get left behind.”

The measure would further prohibit the use of city funds to request or test cannabis to determine whether it meets the state’s definition of a lawful product. Hemp is legal in the state, creating complications for law enforcement, as they are now tasked with determining if seized cannabis products are in compliance with state statute.

Under the initiative, the execution of no-knock warrants would also be prohibited in the city—a policy that generated significant national attention last year after it led to Kentucky officers entering Breonna Taylor’s apartment and fatally shooting her in a botched drug raid.

Activists were joined by Austin City Council members Greg Casar and Vanessa Fuentes for Wednesday’s signature turn in.

Game Ground Texas previously attempted to place the measure on this year’s ballot, but they did not meet the signature turn-in deadline and shifted their attention to 2022.

While the measure is now set to appear on the May ballot, it’s also possible that the Austin City Council could independently move to adopt the ordinance prior to the election.

“Austinites continue to work towards reducing the decades of negative impacts prohibition has caused by any means available,” Jax Finkel, executive director of Texas NORML, told Marijuana Moment.  “During the interim, local actions like this create pressure for more action during the next legislative session. With a majority of Texans supporting the creation of a regulated cannabis market, it is important to continue pushing this conversation forward.”

Elsewhere in the state, activists in San Marcos launched a campaign in September to put marijuana decriminalization on the November ballot next year.

Ground Game Texas told Marijuana Moment on Wednesday that it is also planning to place a cannabis decriminalization measure before voters in Killeen next fall.

There is no statewide, citizen-led initiative process that would enable advocates to put an issue like decriminalization or legalization on the Texas ballot. But at the local level, there are limited cases where activists can leverage home rule laws that allow for policy changes.

A recent poll found that a strong majority of Texans—including most Republicans—support even broader reform to legalize marijuana for adult use.

The survey from the University of Houston and Texas Southern University found that 67 percent of Texas residents back the broad reform. Fifty-one percent of participants who identified as Republican said they back legalization.

In Texas, drug policy reform did advance in the legislature in the latest session, but not necessarily at the pace that advocates had hoped to see.

A bill to expand the state’s medical cannabis program and another to require a study into the therapeutic potential of certain psychedelics for military veterans were enacted.

Advocates remain disappointed, however, that lawmakers were unable to pass more expansive cannabis bills—including a decriminalization proposal that cleared the House but saw no action in the Senate.

The House approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

The Texas Republican Party adopted a platform plank endorsing decriminalization of marijuana possession in 2018.

Another Texas poll that was released over the summer found that 60 percent of voters in the state support making cannabis legal “for any use.”

Jamaican Government Launches ‘Good Ganja Sense’ Campaign To Debunk Marijuana Myths

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