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Illinois Governor Signs Historic Marijuana Legalization Bill

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Illinois is officially the 11th state to legalize marijuana for adult use, with Gov. J. B. Pritzker (D) signing the bill into law on Tuesday.

It’s the first state in the country to pass tax-and-regulate marijuana legislation through an act of the legislature as opposed to via a voter-approved ballot initiative.

The bill, which allows adults 21 and older to possess, consume and purchase certain amounts of cannabis, will go into effect on January 1, 2020. It also includes several provisions aimed at promoting social equity in the legal industry.

Individuals with prior convictions for possession of 30 grams or less will have their records automatically expunged. Those with convictions for more than 30 grams but less than 500 grams could petition the courts to have their records cleared.

“As the first state in the nation to fully legalize adult use cannabis through the legislative process, Illinois exemplifies the best of democracy—a bipartisan and deep commitment to better the lives of all of our people,” Pritzker said at the signing ceremony. “Legalization of adult use cannabis brings an important and overdue change to our state, and it’s the right thing to do.”

State’s Attorney Kim Foxx called the bill “revolutionary in its work to right the wrongs of a failed war on drugs.”

“The time for justice is now, especially for communities of color who have long been disproportionately impacted by low-level cannabis convictions,” she said.

“This historic law is the result of many years of activism and lobbying by many people and hopefully will repair some of the damages done by cannabis prohibition,” Dan Linn, executive director of Illinois NORML, told Marijuana Moment. “The social equity components and money that will go to communities that were disproportionately harmed are aspects I am very proud of.”

Steve Hawkins, executive director of the Marijuana Policy Project, also cheered the move.

“We applaud the Illinois Legislature and Gov. Pritzker on this resounding victory for personal liberty, racial justice, and common sense,” he said in a press release. “Illinois’ focus on fairness and equity in legalization should be a model for other states.”

The signing represents a fulfillment of a key campaign promise for Pritzker, who pledged to quickly legalize cannabis during his gubernatorial run last year. The process took longer than anticipated, with some lawmakers arguing that the bill didn’t go far enough to right the wrongs of prohibition, but the governor ultimately helped push it past the finish line.

Marijuana sales for flower containing up to 35 percent THC will be taxed at 10 percent. There will be a 25 percent tax on products containing more than 35 percent THC. And cannabis-infused products will be taxed at 20 percent. That’s in addition to the state’s 6.25 percent sales tax; local jurisdictions have the option to impose another 3.5 percent tax.

While Pritzker estimated in his budget proposal earlier this year that a legal marijuana market would generate $170 million in revenue for fiscal year 2020, a separate analysis projected that the state would take in more than $500 million in the first year.

The revenue will be used to cover the administrative costs of implementing the law and will also fund community grant programs, law enforcement operations and substance abuse facilities.

An earlier version of the legislation would have allowed for personal cultivation, but it was amended at the last minute. Medical cannabis patients will be permitted to grow up to five plants for personal use, which is new for the program. Non-medical cultivation of up to five plants will be decriminalized, punishable by a fine, however.

“While only patients will be able to grow their own now, I am confident that eventually all adults in Illinois will gain that right in the near future,” Linn, of Illinois NORML, said. “It isn’t perfect and may have some issues in its initial launch, but the legislative process requires compromises and in the end we have now achieved a long-sought goal of ending cannabis prohibition in Illinois.”

Existing medical cannabis dispensaries will have an advantage in the licensing process. Some advocates worry that between that and the ban on cultivation for personal use, there’s a risk that the law’s social equity provisions will be undermined.

That said, the law stands out from other legal cannabis systems in its strong focus on restorative justice and ensuring that the industry that emerges is equitable.

Individuals from areas that have been disproportionately impacted by the drug war, or who have convictions on their records for offenses made legal under the law, will be able to apply for cannabis business licenses as social equity applicants, helping them to secure the licenses and entitling them to fee waivers.

Thirty million dollars will also be set aside for a low-interest loan program designed to empower those from disadvantaged communities hoping to participate in the industry.

While the law goes into effect at the start of next year, licenses for new cannabis shops will be issued by May 1; licenses for processors, craft growers and distributors will be issued by July 1.

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Photo by Sam Doucette on Unsplash.

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 Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

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Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

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