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Idaho Medical Marijuana Activists Approved For Signature Gathering Amid Legislative Complications

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Idaho marijuana activists have been cleared to begin signature gathering for a 2022 ballot initiative to legalize medical cannabis in the state.

Kind Idaho, the campaign behind the measure, announced on Monday that it had received the official petition from the secretary of state’s office.

But this development also comes amid legislative complications, with lawmakers advancing a resolution to change the state Constitution in a way that would prevent Idaho from enacting legalization through this or a separate proposed recreational marijuana measure that activists also want to put on the midterm ballot.

Another wrinkle in activists’ plans concerns a medical cannabis bill that was recently introduced in a House committee. The legislation, sponsored by a bipartisan duo of representatives, is expected to be seriously restrictive, and its passage could undermine the ballot campaign, giving voters the impression that the state already has an effective cannabis program for patients.

In any case, Kind Idaho is moving ahead and feels it has the time necessary to gather enough valid signatures to make the ballot next year. Activists attempted to get an identical version of the initiative on the 2020 ballot, but they suspended the campaign amid complications resulting from the coronavirus pandemic and were not able to get approval for electronic petitioning that they said would have allowed them to qualify.

The campaign now has until May 1, 2022 to collect about 65,000 valid signatures to make the ballot this time around.

Under the proposal, qualifying patients would be able to purchase and possess up to four ounces of marijuana. Those with a “hardship designation” could also cultivate up to six plants.

The initiative lists twelve conditions that would make a patient eligible for medical cannabis, but it also extends to any terminal disease or severe chronic illness. The state health department would be able to add additional conditions as it sees fit.

That would go significantly further than a newly filed bill from the House Health and Welfare Committee. That legislation—the Sgt. Kitzhaber Medical Cannabis Act, named after a military veteran with terminal cancer—would not technically legalize marijuana but instead move it to a lower control group under state statute and provide patients and caregivers with certain protections.

 

Patients who meet the criteria to participate in the medical cannabis program could only access the product with a prescription. And the bill would impose a two gram THC cap per month.

Watch Monday’s committee discussion and vote on introducing the medical cannabis legalization bill below: 

Reps. Ilana Rubel (D) and Mike Kingsley (R), sponsors of the legislation, said in an op-ed that they “agree that Idahoans should not become criminals for seeking safer, better treatment.”

“Thirty-six states have legalized medical cannabis, and 22 of these have not progressed to recreational marijuana,” they wrote. “Many of these are red states, like Ohio, Utah, Oklahoma and Missouri, that have found a way to get sick people the treatment they need without unsavory pot dispensaries popping up or kids getting access to marijuana.”

While advocates oppose the restrictive nature of the legislation, perhaps more troubling is what would happen if the legislature approves a separate resolution that already passed in the Senate and has been referred to the House State Affairs Committee.

If the House approves the measure, it would place a proposed constitutional amendment before voters in 2022 that would prevent the state from legalizing cannabis, as well as any other controlled substance. And even if the activist-led reform initiative also made the ballot, the constitutional proposal would take precedence, regardless of the margin that any measure ultimately gets approved by.

Having the resolution approve for the ballot would be “a very dire threat to any attempt to get medical marijuana on the ballot in the state of Idaho,” Russ Belville, spokesperson for the advocacy group Idaho Citizens Coalition, told Marijuana Moment. “If the constitutional prohibition wins, it outranks anything we do with the medical, so having it defeated before it makes the ballot is of prime importance to us.”

The resolution states that “the production, manufacture, transportation, sale, delivery, dispensing, distribution, possession, or use of a psychoactive drug shall not be permitted in the state of Idaho.”

It would make an exception for substances that are approved by the federal Food and Drug Administration (FDA), but it would effectively kneecap efforts to establish a medical cannabis program that looks anything like those implemented in other legal states.

A separate measure to put adult-use legalization on the ballot that’s being led by another team of activists would also be nullified if voters approved the constitutional initiative.

Belville pointed out that the same Idaho Senate that approved the prohibition resolution also recently passed legislation that removes the cannabis-derived medication Epidiolex from the state’s list of Schedule V drugs, excluding it from the definition of marijuana under state statute.

“Apparently, when you take CBD out of the plant, put it into a bar-coded product that costs $32,500 a year, it’s medical. But if you leave it in the plant that someone can grow themselves, it’s somehow dangerous,” he said.

GOP Congressman Recognizes That Marijuana Legalization Reduces Demand For Illegal Product

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Louisiana House Approves Marijuana Decriminalization Bill As Other Reforms Advance

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The Louisiana House of Representatives on Tuesday approved a bill to decriminalize marijuana possession, while a committee advanced separate legislation to impose taxes on cannabis sales if the state ends up enacting broader legalization.

Meanwhile, a measure to legalize marijuana sales is scheduled for a vote on the House floor on Wednesday after being delayed from earlier consideration while the sponsor has worked to build support.

Tuesday’s action on the narrower decriminalization bill is the latest example of marijuana reform advancing in the traditionally conservative legislature this session.

The proposal, sponsored by Rep. Cedric Glover (D), has gone through several changes since its introduction.

Originally it would have made it so possession of up to 14 grams of cannabis punishable by a $50 fine and no jail time. And while it was gutted in committee last week to maintain a penalty of $300 and/or 15 days in jail, a floor amendment was approved on Tuesday that again removed the threat of incarceration and set the fine at $100.

Members approved the revised bill in a 67-25 vote.

“This bill is about common ground,” Glover said prior to the vote. “You know there are all different iterations of us in here today, black, white, male, female, big, small, conservative, progressive—and many of us who may not agree on as much as 90 plus percent of any given topic, especially when it comes to something as controversial as marijuana.”

“The possession of a small amount of marijuana should no longer result in two things,” he said. “One is setting out a result, and a path, that leads you to becoming a convicted felon. And neither should it set you on a path to go to prison.”


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

In the House Ways and Means Committee, legislation to impose taxes on cannabis sales if Louisiana ends prohibition passed by a voice vote.

As amended by the committee, adults would pay a 15 percent sales tax on cannabis products, in addition to state and local taxes. The resulting revenues would be split between the state general fund and the local local jurisdictions where sales take place, with a chunk of the latter going to support law enforcement. The panel also advanced separate legislation to repeal a current law that requires illicit cannabis sellers to purchase tax stamps for their products. It would only take effect if legalization passes.

Meanwhile, the House approved a bill from Speaker Clay Schexnayder (R) on Monday that is meant to align Louisiana’s hemp program with U.S. Department of Agriculture rules for the crop that were finalized and took effect in March.

Additionally, a Senate committee advanced a bill on Monday that would impose taxes on raw marijuana flower if those smokeable products are legalized for medical use under another measure that cleared the House last week.

Advocates are closely monitoring each of these developments, but the adult-use legalization bill from Rep. Richard Nelson (R) is receiving the most attention.

It would allow adults 21 and older to purchase and possess marijuana from licensed retailers. Possession of up to two and a half pounds of cannabis would be lawful. Regulators would be tasked with creating a permit for adults to grow up to six plants for personal use.

The measure has twice been rescheduled for House floor action at the request of Nelson, who has worked on amendments intended to increase support in what is expected to be a close vote. One proposal that has been posted would remove the home cultivation provisions to address concerns that have been raised by law enforcement.

A separate measure from Nelson that the chamber is set to consider this week would establish a $2,500 annual fee for cannabis business licenses and a $100 annual fee for a personal cultivation permit.

There is an additional decriminalization bill moving through the legislature as well.

That legislation, sponsored by Rep. Candace Newell (D), would simply remove the existing criminal penalties for possession, distribution and dispensing of cannabis “if the legislature provides for a statutory regulatory system for the legal sale and distribution of marijuana and establishes a sales tax on those sales.”

When it comes to broader legalization, while advocates have generally expected resistance from the governor, who has repeatedly expressed opposition to the reform, he did say last month that he has “great interest” in the legalization proposal, and he pledged to take a serious look at its various provisions.

Last year, the legislature significantly expanded the state’s medical marijuana program by passing a bill that allows physicians to recommend cannabis to patients for any debilitating condition that they deem fit instead of from the limited list of maladies that’s used under current law.

Gov. John Bel Edwards (D) signed the measure in June 2020 and it took effect weeks later.

As state lawmakers have continued to advance these marijuana reform bills, two recent polls—including one personally commissioned by a top Republican lawmaker—show that a majority of voters are in favor of legalizing cannabis for adult use.

Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Schumer Reiterates That Marijuana Legalization Must Pass Before Cannabis Banking Reform

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With Democrats in control of the Senate this session, Majority Leader Chuck Schumer (D-NY) doesn’t plan to jeopardize a marijuana legalization bill he’s working on by advancing a more modest cannabis banking measure first.

In an interview with The Ringer that was released on Tuesday, the senator reiterated that he and his colleagues will be “introducing our bill shortly” to end cannabis prohibition—and he said banking reform legislation that’s been filed will have to wait because “we’re not going to bargain against ourselves.”

Schumer made a similar point in an interview with Marijuana Moment last month, arguing that passing a measure that protects banks that service state-legal cannabis businesses first could jeopardize the chances of advancing comprehensive reform. The thinking is that Republicans and moderate Democrats who are on the fence about a bolder policy change might be less inclined to vote for it if they have an opportunity to pass a more modest bill like the Secure and Fair Enforcement (SAFE) Banking Act instead.

The House has already approved the marijuana banking bill this session along largely bipartisan lines.

“We want a strong, comprehensive bill. We’ll introduce it,” the leader told podcast host Bakari Sellers, adding that “there’s huge support” for legalization, including in conservative states like South Dakota where voters approved a reform initiative last year.

“We’re going to get some support from the right on this as well we hope, and we’re going to push it,” Schumer said. “It’s going to take a little while. We’re going to need a mass campaign. But there’s real excitement in the country to do this.”

Schumer has been working with Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) to draft a legalization bill over the course of the past few months. He’s been making the case for reform everywhere from the Senate floor to a cannabis rally in New York City.

Beyond ending prohibition, Schumer said the proposal he and his colleagues are working on will “ensure restorative justice, public health and implement responsible taxes and regulations,” similar to what New York lawmakers sought to accomplish in a legalization bill that the governor signed into law late last month.

The senator also said last month that the legalization bill they’re working on will be brought to the floor of his chamber “soon.”

He, Wyden and Booker formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.

Schumer made a point in March to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.

Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.

He also urged voters to reach out to their congressional representatives and tell them that “this is long overdue.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Facing a tight deadline, a top Connecticut lawmaker said on Tuesday that a bill to legalize marijuana may be taken up in a special session after the legislature completes its regular business for the year.

With the June 9 end of the legislative session less than a month away, House Majority Leader Jason Rojas (D) was asked about the prospects of passing legislation to end cannabis criminalization in 2021—and he said lawmakers have been having “great conversations” with Gov. Ned Lamont’s (D) administration as they work through competing reform proposals.

“It’s just one of those issues that we’re working through some of the details that were of concern to everyone over the past couple months, but we’re making progress,” Rojas told a reporter from CT News Junkie during a press conference.

House Speaker Matt Ritter (D) chimed in to say that “if we can find a path to a deal, it’s the kind of thing that I think you could always go into overtime if you had to,” adding that “we’d all be comfortable coming to special session for that issue.”

Watch the Connecticut lawmakers discuss marijuana legalization, starting around 24:40 into the video below:

But while some progress has been made in reconciling competing reform proposals from the governor and the legislature, it’s not clear how close lawmakers are to reaching a deal and moving a proposal to floor votes—and Lamont is still waiting to review updated legalization legislation that’s in the process of being drafted, he said on Monday.

“I can tell you that [administration staff has] put together a very complete law for consideration by the legislature,” the governor said, referring to his own legalization proposal. “It’s sitting on their desk, and we’re ready for some decisions.”

Lamont’s chief of staff added that administration officials have been “meeting with legislative negotiators,” and they’re “waiting for them to provide us a revised draft” of a reform bill.

A bill to legalize marijuana for adult use that the governor is backing cleared the Judiciary Committee last month after being amended by the panel. But if a legalization measure isn’t enacted this year, Lamont said that he anticipates that the issue could go before voters.

“Marijuana is sort of interesting to me. When it goes to a vote of the people through some sort of a referendum, it passes overwhelmingly. When it goes through a legislature and a lot of telephone calls are made, it’s slim or doesn’t pass,” Lamont said. “We’re trying to do it through the legislature. Folks are elected to make a decision, and we’ll see where it goes. If it doesn’t, we’ll probably end up in a referendum.”

Ritter similarly said last year that if the legislature isn’t able to pass a legalization bill, he will move to put a question on the state’s 2022 ballot that would leave the matter to voters.

A competing legalization measure from Rep. Robyn Porter (D), which is favored by many legalization advocates for its focus on social equity, was approved in the Labor and Public Employees Committee in March.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A survey from Sacred Heart University (SHU) that was released last month found that about 66 percent of people in the state favor legalizing cannabis for adult use, while 27 percent are opposed.

Lamont, who convened an informal work group in recent months to make recommendations on the policy change, initially described his legalization plan as a “comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice.”

But while advocates have strongly criticized the governor’s plan as inadequate when it comes to equity provisions, Ritter said in March that “optimism abounds” as lawmakers work to merge proposals into a final legalization bill.

Rojas also said that “in principle, equity is important to both the administration and the legislature, and we’re going to work through those details.”

To that end, the majority leader said that working groups have been formed in the Democratic caucuses of the legislature to go through the governor’s proposal and the committee-approved reform bill.

In February, a Lamont administration official stressed during a hearing in the House Judiciary Committee that Lamont’s proposal it is “not a final bill,” and they want activists “at the table” to further inform the legislation.

The legislature has considered legalization proposals on several occasions in recent years, including a bill that Democrats introduced last year on the governor’s behalf. Those bills stalled, however.

Lamont reiterated his support for legalizing marijuana during his annual State of the State address in January, stating that he would be working with the legislature to advance the reform this session.

Ritter said in November that legalization in the state is “inevitable.” He added later that month that “I think it’s got a 50–50 chance of passing [in 2021], and I think you should have a vote regardless.” The governor said in an interview earlier this year that he puts the odds of his legislation passing at “60-40 percent chance.”

The governor has compared the need for regional coordination on marijuana policy to the coronavirus response, stating that officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana, as well.”

He also said that legalization in Connecticut could potentially reduce the spread of COVID-19 by limiting out-of-state trips to purchase legal cannabis in neighboring states such as Massachusetts and New Jersey.

CBD Company’s Appeal Could Let Marijuana And Psychedelics Companies Trademark Businesses Pre-Legalization

Photo courtesy of Mike Latimer.

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