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Filmmaker Kevin Smith Requests Digital Signatures For Marijuana Initiative Due To Coronavirus

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As the coronavirus outbreak continues to spread, filmmaker Kevin Smith and actor Jason Mewes are asking California officials to allow digital signature gathering for a marijuana initiative that a campaign is hoping to qualify for the November ballot.

The initiative, called the “California Cannabis Hemp Heritage Act,” seeks to improve access to cannabis in the state by changing licensing and tax policies under the existing regulatory model. Various similar measures have been introduced by the organizers behind the effort over the years, though none have been successful.

Smith and Mewes, of “Jay and Silent Bob” fame, published a video on Facebook on Saturday, imploring the state government to temporarily revise the signature gathering process to allow petitions to be signed online, rather than in person.

While the voter approval of Proposition 64 in 2016 legalized marijuana for adult-use, Smith argued that “it has kind of rolled back some of the rights and the access the people had to the plant prior to that” when only medical cannabis was allowed.

“In legalizing weed recreationally, it kind of took a step back and now there are people that don’t have access to it,” Smith, whose pilot for a cannabis-themed web series “Hollyweed” aired last year but wasn’t picked up, said. “Worse, there are some people being criminalized again.”

The pair argued that the initiative they’re supporting would resolve those problems. Among other things, the measure would impose a 10 percent cap on the excise tax for marijuana sales, eliminate the tax for medical cannabis and require 50 percent of tax revenue to go toward the development and promotion of the industry.

However, “with the coronavirus striking, that means that our canvassers are not going to be able to get out and get signatures anymore.”

“So what we’re asking—please, the state—will you this one time accept digital signatures?” Smith said. “Being that we are in the middle of a pandemic and that it would be irresponsible to send people out to get signatures, will digital signatures be enough?”

Some advocates have raised concerns that California’s current recreational marijuana law has impeded access, particularly for medical cannabis patients.

“We hear many complaints about lack of affordable access by medical patients,” Dale Gieringer of California NORML told Marijuana Moment. “Free samples and giveaways to needy patients are hard to come by. I don’t know any consumers who think the post-64 regime is preferable from the standpoint of product choice, cost, or access.”

However, this particular campaign hasn’t been taken very seriously by the broader reform community, which has cast doubts that its signature gathering drive would be successful regardless of the current health crisis. The campaign has tried multiple times to qualify for the ballot, yet the results have been fruitless.

Even so, their request for an alternative signature gathering process under the coronavirus pandemic is shared by other drug reform campaigns.

For example, Washington, D.C. activists working on a measure to decriminalize psychedelics recently sent a letter to the mayor and local lawmakers, urging them to accept online signatures given that it would put the public and petitioners at risk if they had to collect them in person.

It remains to be seen whether legislators in D.C. or California would be willing to make the adjustment, but there are growing concerns about how the coronavirus may impact elections across the country.

“The implementation of such measures would be unprecedented; however, this is the farthest the Jack Herer campaign has ever come,” the Facebook post with the Smith and Mewes video states. ” Even if we were to meet our funding goals, at this stage it is now impossible for people to collect signatures.”

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Photo courtesy of Facebook.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Sierra Club Gives Tips On Using Marijuana In An Environmentally Friendly Way

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A leading environmental conservationist group wants to help you sustainably and safely consume marijuana.

The Sierra Club, which has not historically weighed in on cannabis issues, released a guide last week that makes a series of recommendations about how to source marijuana in a way that’s healthy and good for the environment.

They said that, absent regulations from federal agencies like the Food and Drug Administration or U.S. Department of Agriculture, consumers are left in the dark when it comes to best practices. And the 129-year-old environmental nonprofit is here to help.

“The majority of Americans now live in states where they can legally consume medicinal or recreational cannabis,” the new guide published this month in the Sierra Club’s print magazine says. “As more ways to lawfully partake become available, the choices can be confusing.”

The article lists five tips for marijuana enthusiasts during a time when more and more state-legal markets are coming online.

Buy organic—or “organic-ish.” Because marijuana remains federally illegal, there isn’t an opportunity for cannabis companies to obtain a standard organic certification. But consumers should look for a Clean Green or Sun+Earth label, as these third-party organizations also maintain strong standards and help businesses gain formal certification.

Buy outdoor-grown marijuana. The carbon footprint for indoor-cultivated cannabis can be significant, as the process relies heavily on electronic lighting. That’s not the case for outdoor-grown flower. Sierra Club said “the production of one kilogram of indoor-grown cannabis results in 4,600 kilograms of carbon dioxide emissions, the equivalent of driving the United States from coast to coast 11 times.”

Familiarize yourself with the marijuana producer. The illicit market doesn’t disappear when a state launches a legal cannabis market. And because illicit sellers are unregulated, they may be using harmful pesticides, or cultivating their products on public lands in ways that can hurt surrounding wildlife. That said, a 2019 study did find that illegal cultivation in national forests declined post-legalization in Oregon and Washington State.

The guide also notes that certain states encourage cannabis companies to enroll in energy-saving programs. Colorado has taken it a step further, with the governor announcing last year that the state was rolling out pilot programs to promote sustainability cooperation between the cannabis and alcohol markets by using carbon dioxide from the brewing process to stimulate marijuana plant growth.

Look for a Certificate of Analysis. That’s easier said than done in states where marijuana remains prohibited, but for consumers in legal states, it’s an important component, as it means the products have been tested for heavy metals, mold and other potentially dangerous substances.

Be wary of packaging. As in other industries, plastic and packaging is an environmental problem. Seeking out products with low-waste packages can help mitigate that issue, Sierra Club said. For example, there are some companies that use recycled plastics recovered from the ocean. Alternatively, consumers could try to find hemp-based packaging.

The guide also offers tips for specific types of cannabis products.

For example, when it comes to edibles, consumers should seek out vegan goodies. Beyond arguments that a plant-based diet represents a humane alternative, it’s also the case that animal agriculture is overly polluting and resource intensive.

For smoking, the group says that glass pipes are “inherently earth-friendlier” than rolling papers, as they cut down on waste and production. The environmentally conscious cannabis consumer should also buy flowers in jars instead of as single pre-rolls, “to reduce throwaway packaging.”

As far as vaping goes, Sierra Club recommends spending your money with companies that offer recycling programs for used cartridges.

Meanwhile, activists in Montana are also seeing a link between environmentalism and marijuana. A voter-approved initiative to legalize cannabis in the state calls for a significant amount of tax revenue from marijuana sales to be allocated to conservation programs.

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Killer Mike Challenges Joe Biden To Adopt Bernie Sanders’s Marijuana Legalization Plan

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Rapper and activist Killer Mike is challenging President-elect Joe Biden to take a note from Sen. Bernie Sanders (I-VT) and use executive authority to broadly reform federal marijuana laws as soon as he takes office.

In an interview with TMZ that was released on Wednesday, the artist stressed the need to legalize cannabis and do it in a way that lifts up communities that have been disproportionately impacted by the war on drugs. He said Biden can help facilitate that by federally descheduling marijuana through executive action on day one—a proposal Sanders pitched during his presidential run.

“I want to challenge Joe Biden to do what Bernie Sanders did,” Killer Mike, who served as a campaign surrogate for the senator, said. “He would have descheduled it the first day of his presidency. You have the power of that pen to invoke things like gun laws. You should have the power of that pen to take it off the Schedule I list so that, if nothing else, it is decriminalized to the point that kids’ lives aren’t being ruined today.”

But Biden has not indicated that marijuana reform would be an immediate priority for his administration. In fact, he remains opposed to adult-use legalization despite supermajority support within his party.

The president-elect has only gone so far as to back modest cannabis rescheduling, decriminalizing possession, expunging past records, legalizing medical marijuana and protecting states’ rights to enact their own policies. Biden did select a head of a major federal health agency who is amenable to reform, however, and in his role he could help facilitate rescheduling.

As far as Biden in concerned, he feels marijuana should be placed in Schedule II, the second most restrictive category under the Controlled Substances Act, along with cocaine. But advocates argue that does not go far enough and could have an inadvertent, adverse impact on state-legal markets. They’re pushing him to adopt a policy of complete descheduling, which would be accomplished if a bill approved by the House earlier this month makes it through the Senate and onto the president’s desk.

With respect to executive action, it should be noted that experts have raised questions about the feasibility of unilaterally ending prohibition through that process, much less on the first day of a presidency.

In the TMZ interview, Killer Mike also talked about local reform in his home state state of Georgia, stating that he will be pushing the governor and legislature to enact legalization. The policy change is inevitable, he said, but lawmakers must ensure that there’s “a presence of African-American ownership in Georgia for marijuana.”

“We have had young men serve 10, 20, 30, 40 years and then they get out and they cannot participate in the trade that they help build,” he said. “That’s like a moonshiner who moonshined through prohibition not getting the chance to have a liquor license. We’ve done that mistake before so I want to demand NORML and other marijuana organizations out there to get people of color on the forefront.”

“I’m going to be frank and say Black folks deserve it. We deserve at least 25 percent of the marijuana industry because it has truly been built on our backs, and we need more MedMen that are owned by men that look like me,” he added. “I want to demand that progressives, and especially Black Democrats that are out there, start to demand locally marijuana policy on a state level that is inclusive of the people.”

Georgia is at the center of national attention right now, as two Democratic Senate hopefuls enter into a runoff election next week. And the outcome of those races could determine the fate of federal marijuana policy because if both Democrats win, the party will retake the Senate and would be in a much better position to advance reform.

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NBA Could Permanently End Marijuana Tests So It Doesn’t Become ‘Big Brother,’ Commissioner Says

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A temporary NBA policy not to randomly drug test players for marijuana may well become permanent, the league’s commissioner said this week.

“We decided that, given all the things that were happening in society, given all the pressures and stress that players were under, that we didn’t need to act as Big Brother right now,” Commissioner Adam Silver told NBC’s Today. “I think society’s views around marijuana has changed to a certain extent.”

Rather than mandate blanket tests, he said the league would be reaching out to players who show signs of problematic dependency, not those who are “using marijuana casually.”

“I’d say the same thing about alcohol or any other substance,” Silver said.

He made similar remarks in a recent interview with The Sports Daily, stating that he’s “not sure whether marijuana should be treated differently than other substances, including alcohol, that are otherwise legal that players could be using and creating issues around.”

“I recognize that society’s views around marijuana use have changed dramatically since these rules were put in place, and in many ways the suspension of random testing this season is a recognition of that,” he said. “If our players are traveling from jurisdiction to jurisdiction—from jurisdictions that do not have prohibitions to jurisdictions where there’s still criminal penalties for possession and use of marijuana—we want to make sure we’re not creating a trap for our players and putting in place rules that will put them in the crosshairs of the law.”

“It doesn’t mean there isn’t still a concern from the league that marijuana, no different than alcohol, can be abused,” he added. “It’s something that we want to play close attention to, especially given the incredible stress that our players are often under, and particularly given the stress of playing in a pandemic.”

NBA initially announced a temporary suspension of cannabis drug testing earlier this year, as players finished out their season in the so-called “bubble” arena in Orlando. That was later extended to the entire 2020-2021 season following an agreement between the league and the players’ union

Michele Roberts, the head of the National Basketball Players Association (NBPA) who also joined the board of the major cannabis company Cresco Labs this year, predicted in a recent interview that a formal change to codify the policy indefinitely could come as early as “next season.”

While NBA won’t be subjecting players to random drug testing for THC, they will continue to test “for cause” cases where players have histories of substance use, for example.

If NBA does ultimately end marijuana testing, it would be another example of evolving drug policies within national sports leagues. Earlier this year, the MLB announced that players would not longer be tested for cannabis, though they’re barred from being sponsored by marijuana companies.

The NFL also made the decision to end suspensions for positive drug tests as well as limiting the testing window.

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