Connect with us

Politics

Georgia’s High Court Removes Marijuana Possession Penalties

Published

on

People can’t be punished for possession of marijuana in Georgia, the small nation on the shores of the Black Sea in the Caucasus region, following a ruling by the country’s highest constitutional review court on Monday.

Georgia’s Constitutional Court ruled that “consumption of marijuana is an action protected by the right to free personality” and that citizens can no longer be assessed administrative penalties—citations, like the penalties issued for traffic violations or parking tickets—for cannabis possession.

This makes Georgia “the first country in the post-Soviet space” to legalize cannabis consumption, boasted Zurab Japaridze, the leader of Girchi, an opposition political party and a plaintiff in the lawsuit that led to Monday’s ruling.

“This wasn’t a fight for cannabis, this was a fight for freedom,” Japaridze said, according to a report in OC Media, an English-language Georgian-news website.

For now, cultivation and sales remain illegal in Georgia. A bill that would decriminalize possession of all drugs is currently being debated in the country’s parliament.

But for now, with cannabis possession de-facto legalized, Georgia now has one of the most progressive national marijuana policies in the world.

Only nations like Canada and Uruguay, which have legalized recreational marijuana consumption outright, can boast of more tolerant official laws.

Even nations where medical cannabis is legal like Germany still have laws allowing for criminal or administrative penalties for marijuana possession.

Criminal penalties for marijuana possession in Georgia ended in November 2017, following a previous ruling from the same court in another case brought by Girchi.

Punishment for marijuana possession was reduced to no more than a fine of up to $200 or “corrective work of one to six months,” according to OC Media. Unsatisfied with that, Girchi filed another appeal challenging those penalties, on the basis that “the use of marijuana is not a public threat.”

“It can only harm the health of the consumer, who is responsible for the results of the action,” Girchi’s lawsuit read.

And the court’s four most senior judges agreed. The only exception is if a marijuana consumer’s actions “put a third person at risk,” according to a web translation of a court press release. These scenarios include consuming the drug in a school, in front of children or in “certain public spaces like public transport.”

Attorneys arguing for the now-abandoned status quo had argued that cannabis prohibition was necessary “for the protection of the population, especially… juveniles from the harmful effects of marijuana.”

Monday’s ruling led to jubilation among legalization supporters, some of whom marked the occasion with—of course—memes celebrating Japaridze.

Georgia has had a visible and an active legalization movement for some time, with an annual marijuana freedom rally in Tbilisi, the capital city.

Photo courtesy of Brian Shamblen.

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.

Chris Roberts is a reporter and writer based in San Francisco. He has covered the cannabis industry since 2009, with bylines in the Guardian, Deadspin, Leafly News, The Observer, The Verge, Curbed, Cannabis Now, SF Weekly and others.

Politics

Marijuana Legalization Measure Advances One Step In South Dakota

Published

on

South Dakota’s attorney general filed an official explanation of a proposed ballot measure to legalize marijuana on Friday.

While separate organizations are working to get a medical cannabis-focused initiative on the state’s 2020 ballot, activists behind this measure are hoping to incorporate recreational legalization, medical marijuana reform and hemp into one package.

Adult-use legalization would be accomplished through a constitutional amendment under the initiative, which would separately require the legislature to pass legislation creating rules for medical cannabis and hemp.

“The constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana,” Attorney General Jason Ravnsborg (R) wrote. “Marijuana plants and marijuana produced from those plants may also be possessed under certain conditions.”

The South Dakota Department of Revenue would be responsible for issuing licenses for cannabis cultivators, manufacturers, testing facilities and retailers. Individual jurisdictions would be able to opt out of allowing such facilities in their areas.

“The Department must enact rules to implement and enforce this amendment,” the explanation states. “The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.”

The initiative calls for a 15 percent excise tax on marijuana sales. That revenue would be used to fund the Department of Revenue’s implementation and regulation of the legal cannabis system, with remaining tax dollars going toward public education and the state general fund.

Ravnsborg said that judicial clarification of the amendment “may be necessary” and notes that marijuana “remains illegal under Federal law.”

The attorney general issued a similar explanation of a proposed constitutional amendment to legalize medical cannabis earlier this month.

This latest move comes one day after advocacy organization New Approach South Dakota announced that their medical marijuana initiative was certified, enabling them to begin the signature gathering process.

Several other cannabis initiatives are in the process of being certified in the state, according to the attorney general’s website. In order to place constitutional amendments on the ballot, activists must collect 33,921 valid signatures from voters.

South Dakota is one of the last remaining states in the U.S. that has not legalized marijuana for any purposes.

GOP Senator Keeps Endorsing Medical Marijuana But Hasn’t Sponsored A Single Cannabis Bill

Photo courtesy of Brian Shamblen.

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.
Continue Reading

Politics

Elizabeth Warren’s Plan For Indian Tribes Includes Marijuana Legalization

Published

on

Sen. Elizabeth Warren (D-MA) unveiled a plan on Friday that’s aimed at holding the federal government accountable for following through on its obligations to Native American tribes, and that includes ensuring that tribal marijuana programs are protected against federal intervention.

The plan emphasized Warren’s support for a bill she filed earlier this year that “would protect cannabis laws and policies that tribal nations adopted for themselves.”

The 2020 Democratic presidential candidate, who has faced criticism over claims of Native American heritage, pointed to federal reports showing that tribal programs generally have not received adequate funding and said it is imperative that legislation be enacted to “provide resources for housing, education, health care, self-determination, and public safety” for those communities.

To that end, Warren is planning to introduce a bill called the “Honoring Promises to Native Nations Act” alongside Rep. Deb Haaland (D-NM), co-chair of the Congressional Native American Caucus. Before filing, however, the lawmakers are soliciting input on how best to draft the legislation, and are accepting written testimony until September 30.

While the proposed legislation itself doesn’t currently include marijuana-specific provisions, a press release and blog post on the topic address the senator’s sponsorship of the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, which would allow tribal communities and states to set their own cannabis policies without Justice Department interference.

In order to provide economic opportunities to Native people, that “requires streamlining and removing unnecessary administrative barriers that impede economic growth on Tribal lands, respecting tribal jurisdiction over tribal businesses, and promoting forward-looking efforts to ensure full access to new and emerging economic opportunities.”

“For example, while not every tribe is interested in the economic opportunities associated with changing laws around marijuana, a number of Tribal Nations view cannabis as an important opportunity for economic development,” Warren’s campaign blog post states.

“I support full marijuana legalization, and have also introduced and worked on a bipartisan basis to advance the STATES Act, a proposal that would at a minimum safeguard the ability of states, territories, and Tribal Nations, to make their own marijuana policies,” she wrote.

A separate press release on Warren’s Senate website also touts her support for the STATES Act, saying she “worked hard to ensure” that it included tribal protections.

“It’s beyond time to make good on America’s responsibilities to Native peoples, and that is why I’m working with Congresswoman Haaland to draft legislation that will ensure the federal government lives up to its obligations and will empower tribal governments to address the needs of their citizens,” Warren said of the overall tribal plan. “We look forward to working closely with tribal nations to advance legislation that honors the United States’ promises to Native peoples.”

In an email blast to her campaign list, Warren included “a set of additional ideas to uphold the federal government’s trust and treaty obligations with Tribal Nations and to empower Native communities,” which includes her marijuana proposal:

“New economic opportunities: We also need to respect tribal jurisdiction over tribal businesses and promote forward-looking efforts to ensure full access to new economic opportunities. For example, a number of Tribal Nations view cannabis as an important economic opportunity. I support full marijuana legalization and have advanced the STATES Act, a proposal that would safeguard the ability of Tribal Nations to make their own marijuana policies.”

There’s increased interest in ensuring that Native populations receive the same benefits and protections as states as it concerns cannabis legislation.

In June, the House passed a spending bill that included a rider stipulating that Native American marijuana programs couldn’t be infringed upon by the Justice Department. And a GOP representative filed a bill in March that would provide similar protections.

GOP Senator Keeps Endorsing Medical Marijuana But Hasn’t Sponsored A Single Cannabis Bill

Photo elements courtesy of Pixabay and NorthEndWaterFront.com.

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.
Continue Reading

Politics

FBI Seeks Tips On Marijuana Industry Corruption

Published

on

The Federal Bureau of Investigation (FBI) is actively seeking tips on public corruption related to the marijuana industry, it announced on Thursday.

“States require licenses to grow and sell the drug—opening the possibility for public officials to become susceptible to bribes in exchange for those licenses,” FBI Public Affairs Specialist Mollie Halpern said on a short podcast the bureau released. “The corruption is more prevalent in western states where the licensing is decentralized—meaning the level of corruption can span from the highest to the lowest level of public officials.”

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.)

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.
Continue Reading
Advertisement

Stay Up To The Moment

Marijuana News In Your Inbox


Support Marijuana Moment

Marijuana News In Your Inbox

Do NOT follow this link or you will be banned from the site!