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Fight To Legalize Medical Marijuana In Missouri Intensifies As Groups Battle Over Tax Rates

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With about one month left until voters head to the polls, things are heating up in the fight to legalize medical marijuana in Missouri.

Three competing medical cannabis ballot initiatives—including two proposed constitutional amendments and one statutory measure—officially qualified for the ballot in August. And in the weeks since, sponsoring committees for the proposals have engaged in a public rivalry that’s landed Missouri in the national spotlight.

Backing Amendment 2, the group New Approach Missouri has received some of the most high-profile endorsements. Missouri NORML, St. Louis’s NAACP chapter, Freedom Incorporated and the St. Louis American newspaper have all recently thrown their support behind the amendment, for example.

Taxation seems to be a top concern across the board.

Amendment 3, sponsored by attorney Dr. Brad Bradshaw and Find the Cures, would impose the highest sales tax rate on medical cannabis in the country: 15 percent, compared to 7.25 percent in California. New Approach Missouri has seized on that point, arguing that the measure would be prohibitively expensive for patients by setting the highest medical cannabis tax rate in the nation.

“Amendment 3 is exploiting patients with serious and life-changing diagnosis, like cancer, epilepsy and multiple sclerosis, who are seeking this treatment to ease the pain and suffering from their symptoms,” New Approach Missouri spokesperson Jack Cardetti said in a press release Wednesday.

Amendment 2 would tax retail marijuana sales at four percent, and the third initiative, Missourians for Patient Care-backed Proposition C, would impose a two percent sales tax rate.

(See below for a chart showing how other states that currently allow medical cannabis tax it.)

Find the Cures hasn’t backed down despite pressure from the competing campaigns. In fact, Bradshaw filed lawsuits against Missourians for Patient Care and New Approach Missouri in August, alleging that the former submitted invalid signatures and the latter illegally collected signatures.

New Approach Missouri “ran an intentional, systematic, pervasive, and ubiquitous pattern of instructing individuals to violate the legal requirements of the petition signature gathering process,” Bradshaw claimed in the lawsuit.

But the lawsuits didn’t get far. Bradshaw ultimately dropped his suit against Missourians for Patient Care. And a circuit court denied the other suit against New Approach Missouri—a ruling upheld by an appeals court, which denied the attorney a rehearing, in September.

Missouri voters could have had the opportunity to hear out each campaign’s arguments at a moderated forum last month, but representatives for two of the sponsoring campaigns—Missourians for Patient Care and Find the Cures—dropped out of the debate at the last minute.

Based on polling, it appears likely that Missouri voters will approve at least one of the medical cannabis initiatives. The question is whether these heated campaign fights will lead to vote splitting that could jeopardize the reform efforts. As a general rule, the top vote-getter prevails in Missouri; but in this case, if voters green light both a constitutional amendment and the statutory amendment, the fate of the program could be left largely up to the courts.

And it’s not just competition between pro-legalization sponsors that could influence the vote in November. Outright opponents of marijuana reform are entering the ring, as well. A recently formed committee, Citizens for Safe Medicine, is campaigning against all three of the initiatives. Financial disclosure statements aren’t yet available, though, so it’s not clear what kind of resources the committee will bring to the table.

Citizens for Safe Medicine, which bills itself as a coalition of medical professionals, teachers and businesses, appears to be connected to a nonprofit organized called the Council for Drug Free Youth, which receives some of its funding from the federal government. The nonprofit and the campaign committee share a phone number and at least one staff member, according to public filings and their websites.

For legalization supporters and opponents alike, time to sway the vote in Missouri is quickly running out, though. Election Day is just 32 days away. And on a related note, residents will also have the chance to elect a U.S Senator, both of whom have weighed in on their marijuana policy ahead of the vote.

New Approach Missouri circulated the following chart, using data compiled by the Marijuana Policy Project, that shows how other states with legal medical cannabis tax it:

State Sales Tax Rate on Medical Marijuana
Alaska n/a
Arkansas 6.50%
Arizona 5.60%
California 7.25% (state-registered patients exempt from standard sales tax)
Colorado 2.90%
Connecticut 6.35%
Delaware 0%
DC 6%
Florida 6%
Hawaii 4% (4.5% on Oahu)
Illinois 1%
Maine 5.50%
Maryland 0%
Massachusetts 0%
Michigan 3%
Minnesota 0%
Montana 0%
Nevada 0%
New Hampshire 0%
New Jersey 7%
New Mexico 5.13%
New York 7%
North Dakota 5%
Ohio 5.75%
Oklahoma 7%
Oregon 0%
Pennsylvania 0%
Rhode Island 7%
Vermont 0%
Washington n/a
West Virginia 0%

Where Missouri’s US Senate Candidates Stand On Marijuana

Photo courtesy of Chris Wallis // Side Pocket Images.

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Kyle Jaeger is an LA-based contributor to Marijuana Moment. His work has also appeared in High Times, VICE, and attn.

Politics

People With Marijuana Convictions Should Know About National Expungement Week

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Marijuana legalization is a solid first step, but there’s still a lot of work to be done to resolve  socioeconomic and racial inequities brought about by the war on drugs.

Hence, we now have National Expungement Week. The first-of-its-kind campaign, supported by a coalition of cannabis and social justice organizations called the Equity First Alliance, is taking place from October 20-27.

The organizations will offer “expungement and other forms of legal relief to some of the 77 million Americans with convictions on their records,” according to the campaign website. “These convictions can restrict access to housing, employment, education, public assistance, and voting rights long after sentences have been served.”

In an open letter, the alliance also said it was “largely unsupported by the cannabis industry and by the traditional funders of equity work.” While a main argument in support of legalization is that it would help to repair drug war damages, which have disproportionately affected communities of color, the laws and markets created by the successful movement haven’t necessarily lived up to its name, the alliance wrote.

To that end, the campaign has organized events across the country—from Los Angeles to Boston—to provide legal services to those whose criminal records are able to be reduced or expunged. You can check out the full list of events here.

The alliance’s agenda touches on numerous reform policies, including using marijuana tax revenue to fund communities that have been impacted by prohibition, implementing social equity programs, ensuring corporate responsibility for businesses that profit off cannabis and providing affordable medical cannabis for low-income patients, among other policies.

“We believe that we have a short but vital window of opportunity to change the course of the cannabis industry—and by doing so, we can prevent further harms to the most impacted communities and create a model of reparative economic and criminal justice.”

Adam Vine, co-founder of Cafe-Free Cannabis and an organizer with the campaign, told Marijuana Moment that the campaign is necessary “because millions of Americans have been harmed by the war on drugs and continue to face collateral consequences for convictions that may have happened years ago.”

“These consequences restrict people’s access to employment, housing, education, and social services, so our coalition decided to do something about it,” he said. “We are coordinating these events to provide free legal relief and to say that as states move towards cannabis legalization, expungement needs to be the first priority.”

Marijuana Use Will No Longer Be Prosecuted In Manhattan

Photo courtesy of Brian Shamblen.

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Politics

Chris Christie Finally Recognizes Marijuana Legalization As States’ Rights Issue

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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.

Christie, for his part, replied that he “enjoyed every minute of a great performance and a truly wonderful group of fans.”

Hm…

GIF by #ActionAliens

Melissa Etheridge Talks Art, Culture and Marijuana Advocacy In The Legalization Era

Photo courtesy of Gage Skidmore.

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Politics

Marijuana Support Grows: Two Out Of Three Americans Back Legalization, Gallup Says

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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.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Jurassic Blueberries.

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