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Illinois Senate Approves Marijuana Legalization Bill

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The Illinois Senate voted to approve a bill to legalize marijuana on Wednesday, with just two days left to get the legislation to the governor’s desk before the current session ends.

The bill would allow adults 21 and older to consume, possess and purchase certain amounts of cannabis for personal use, and seeks to create a legally regulated system of marijuana production and sales.

It also contains several provisions aimed at promoting social equity in the legal industry, including expunging the records of individuals with convictions for marijuana possession of 30 grams or less and allowing the state’s attorney or individuals to petition the courts for possession cases involving 30 to 500 grams of cannabis.

Cannabis flower with less than 35 percent THC would be taxed at 10 percent, cannabis-infused products would be taxed at 20 percent and marijuana products with more than 35 percent THC would be subject to a 25 percent tax. That would be on top of the state’s 6.25 percent sales tax, and local jurisdictions could also impose an additional 3.5 percent tax.

Revenue would pay for implementation costs of the legal cannabis program, and would also go toward community grant programs, substance abuse centers, law enforcement efforts and the general state fund.

The Senate passed the bill in a 38 to 17 vote, sending it to the House.

“This bill helps people remove the stigma and harm caused by prior cannabis possession convictions and creates opportunities for those who want to enter the new, regulated program,” Steve Hawkins, executive director of the Marijuana Policy Project, said

Gov. J.B. Pritzker (D), who campaigned on a pro-legalization platform, has been working with lawmakers to craft legislation that emphasizes the importance of righting the wrongs of prohibition by supporting communities that have been disproportionately impacted by the war on drugs.

Long-awaited initial details about the proposal were announced earlier this month.

In the weeks since, the legislation has undergone several changes in order to win greater support from lawmakers. While the proposal initially allowed for any adult consumer to cultivate up to five plants for personal use, that provision was amended and now only applies to medical cannabis patients, who have not been allowed to grow their own under the state’s medical program.

However, the bill effectively decriminalizes low-level cultivation, making it so a non-patient who grows five or fewer plants is not treated with jail time and would instead receive a civil infraction that carries a fine of up to $200.

Dan Linn, executive director of Illinois NORML, told Marijuana Moment that the revisions represent a “reasonable compromise in order to pass this bill as the legislative session comes to a close.”

“It is not perfect, but it is better than the status quo and allows adults to legally purchase, consume and, in some instances, grow cannabis,” he said. “There is still work to be done once this passes, but for now this is the best that Illinois can do.”

People who have lived in a location designated as a “disproportionately impacted area” for a certain amount of time, or who has been convicted of an offense that would be eligible for expungement, can qualify as social equity applicants for cannabis business licenses. That status would entitle people for extra points on licensing applications and fee waivers.

Separately, the bill would establish a $30 million low-interest loan program to help offset some of the startup costs associated with launching a new marijuana business for those applicants.

“We’re going to set the gold standard of how diverse an industry we can create,” Heather Steans (D), the proposal’s sponsor, said on the floor prior to the vote.

If all goes according to plan, the state’s legal marijuana program would take effect on January 1, 2020. Current medical cannabis dispensaries would have an advantage in terms of applying for licenses, and new dispensaries would receive their licenses by May 1. Processors, craft growers and transporters would be licensed by July 1.

“While the concessions to the current industry may very well undermine the social equity components for getting more diversity in ownership of the new industry, this legislation offers an end to cannabis prohibition—something that needs to happen as soon as possible,” Linn said.

Earlier on Wednesday, the Senate Executive Committee approved the revised language of the legalization proposal in a vote of 13 to 3.

During that panel’s hearing, the Illinois Chamber of Commerce announced that it was shifting its position on the legislation from opposed to neutral.

The Senate vote comes four months after the governor touted legalization in his inaugural address and three months after he included revenue from his legalization plan in a budget proposal. Pritzker said that regulating marijuana sales would “create jobs and bring in $170 million in licensing and other fees.”

A separate analysis from the Illinois Economic Policy Institute projected much higher gains: 24,000 jobs, over $500 million in tax revenue and an infusion of about $1 billion into the state economy overall by 2020.

While Pritzker said that he wanted to implement a legal cannabis system “right away” after he was elected in November 2018, that plan has taken longer to materialize. But with the bill’s Senate passage and just days left before the close of the legislative session, it seems that the governor will soon have the opportunity to make good on his campaign pledge.

New York Governor Says Marijuana Legalization Remains A Top-10 Priority For 2019

Photo courtesy of Evan Johnson.

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.

Politics

Senators Cite Marijuana Arrests Of U.S. Citizens In Border Patrol Oversight Request

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Three senators requested a review of Border Patrol immigration checkpoint actions on Tuesday, citing a past report that found a significant number of searches and seizures were executed against U.S. citizens for low-level marijuana possession.

The request to the Government Accountability Office (GAO) outlines a number of data points concerning checkpoint enforcement that the senators say are necessary to collect in order to assess compliance with the Fourth Amendment. That includes information on rationale for checkpoint stops, data collection and protocol for searches.

“In 2017, the GAO published a report that looked at, among other things, the Border Patrol strategy of placing and utilizing immigration checkpoints generally between 25 and 100 miles from the border,” Sen. Patrick Leahy (D-VT) wrote in a letter to Comptroller General Gene Dodaro. “As a result of this review, the GAO found that 40 percent of checkpoint seizures were from U.S. citizens for one ounce or less of marijuana.”

Though the letter—which was also signed by Sens. Patty Murray (D-WA) and Gary Peters (D-MI)—didn’t specifically request information on marijuana seizures, it did inquire about the number of U.S. citizens apprehended and the reason for their arrests. It also asks, “How frequently does the agency analyze trends in drug seizures and apprehensions to evaluate its priorities at each checkpoint?”

“Comprehensive data on who receives additional screening at checkpoints, and the reasonable suspicion that undergirds these encounters, searches, and seizures, is fundamental to understanding if and how Border Patrol abides by constitutional limits,” the letter states.

Leahy and Murray also called for the collection of data on “the quantities of drugs detected” during canine checkpoint searches in legislation the pair reintroduced last month.

“Unless a government agent has a legitimate reason to stop and search you—a reasonable suspicion or probable cause—Americans should not be subject to questioning and detention for merely going about their daily lives,” Leahy said in a press release. “The Trump administration cannot be trusted to use its finite resources in a way that protects our civil liberties and reflects our values.”

It’s not clear if cannabis seizures for U.S. citizens remain prominent at immigration checkpoints since the 2017 report was released, but one thing that the Customs and Border Protection has made clear is that it doesn’t matter if a stop takes place in a state that’s legalized marijuana—it enforces federal law.

That applies to instances of illicit drug trafficking across the border, too. But as more states like California have legalized cannabis, border agents have seized less and less marijuana.

GOP Congressman Will Meet Attorney General To Discuss Expanding Marijuana Research

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Congressman Tells Joe Rogan He Backs States’ Marijuana Rights But Actually Voted Against Them

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Joe Rogan debated the merits of marijuana legalization on Tuesday with a Republican congressman who ultimately conceded that medical cannabis should be federally legal and states should be empowered to set their own legalization policies.

But neither Rogan nor Rep. Dan Crenshaw (R-TX) mentioned the fact that he recently voted against a House amendment to shield state marijuana laws from federal interference and has not added his name as a cosponsor of several pending medical cannabis bills.

The congressman, a former Navy SEAL, didn’t rule out the possibility of coming around to endorsing adult-use legalization but voiced several concerns about the prospect, including underage usage, the lack of technology to detect impaired driving and reduced productivity.

“I can be convinced, but I’m not there yet,” he said on The Joe Rogan Experience podcast. “I’m definitely more open to just the federal legalization of medical marijuana and all the benefits that come with that. On the recreational side, I’m happy to leave that up to the states.”

“My issue with recreational marijuana still—and this is not a strong opinion I have, this is not a hill I’m dying on by any means—but if we’re going to change it, I want to understand what the point is, what the benefits are of it recreationally,” he said. “I understand the benefits medically very well, but I want to understand the recreational benefits and I want to see how this data plays out in places like California and Colorado.”

Rogan emphasized that alcohol is federally legal despite risks to young people, but Crenshaw, an avowed scotch fan, said his “counter is simply this: the alcohol issue is out of the bag” and that we’re “never going to put that back in.”

“My point is this: there’s a normalization that occurs when you legalize something,” the congressman said. “What you’ve done though is you normalized it for teenagers. There’s a lot of people who can just live their lives extremely productively and smoke pot a lot. And there’s a lot of people who can’t and there’s a lot of people who don’t.”

“Those people are lazy bitches,” Rogan said.

“Don’t you have to drink way more scotch to get even close to the basic cognitive incoherence that you’d be with just one bite of a brownie?” Crenshaw asked.

“You would, but not me,” Rogan said. “I smoke pot all the time. I could have smoked pot before this podcast and had the exact same podcast. I could have had several hits. If I gave you several hits, you’d be obliterated.”

“On a personal level, I’m just not opposed to what you’re saying at all,” Crenshaw said. “From a policy level though I just look at things different.”

That stance is reflected in the freshman congressman’s record. Despite voicing support for medical cannabis and leaving recreational legalization up to the states, he’s declined to cosponsor any legislation on the former issue and proactively voted against an amendment to protect states that legalize marijuana for adult use from federal intervention.

(On another drug policy issue near and dear to Rogan that didn’t arise during the interview, Crenshaw also voted against an amendment from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed barriers to research on the benefits like psilocybin and MDMA.)

Crenshaw said his perspective wasn’t formed out of naivety and that he tried marijuana and didn’t like it. He also argued that cannabis “does reduce productivity I think more than alcohol does.”

“As a policymaker, I have to look at the whole situations. I see people like you and you’re like you’d be fine, why not?” he said. “But I do have to take into account the entirety of the situation and ask myself, ‘well, what is the benefit to society doing this?'”

Rogan said that marijuana facilitates community bonding and makes people happier—to which Crenshaw responded “I don’t know, I think alcohol is much more of a social lubricant—it definitely makes you meaner too—but I mean as far as getting along with people and interacting with human beings.”

“I’m not dying on this hill. I have questions, and those questions are unanswered,” he said, adding that the “bottom line is that’s a state decision” to legalize recreationally.

“As far as the battles that we should fight at the federal level, we’ve got to start with the medical side. I think the science is clear there,” he said.

“Another reason I’m a Republican is because I believe in somewhat slower policymaking too. These conversations have to play out in society and we don’t always need to solve the problem right away. I think the medical conversation is the one we should be fighting for. I think the recreational side is a few steps beyond that. We’ll get to know and we’ll know more.”

Later in the podcast, Crenshaw defended the broader war on drugs and argued that “you might feel like you’re losing all the time, but you’re mitigating” drug use through prohibition enforcement.

GOP Congressman Will Meet Attorney General To Discuss Expanding Marijuana Research

Photo courtesy of YouTube/Joe Rogan Experience.

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.
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New York And Connecticut Governors Talk Marijuana Legalization On Fishing Trip

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The governors of New York and Connecticut went fishing and talked about marijuana legalization on Tuesday.

The conversation comes after lawmakers in both states were unable to pass legalization legislation before their respective sessions’ ends this year, despite having the support of New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D).

“We talked about policy issues like the marijuana issue, which is obviously also relevant to contiguous states,” Cuomo said at a press conference following the fishing trip. “What Connecticut does on marijuana is relevant to New York, what New York does is relevant to Connecticut so we talked about that and a lot of issues. So we had fun.”

Watch Cuomo’s marijuana comments at about 5:00 into the video below:

Cuomo had described legalization as a top legislative priority for 2019 and included it in his state budget proposal. But after months of negotiations with lawmakers, the plan fell through, due in part to disagreements about how to allocate tax revenue and whether to allow individual jurisdictions to opt out of allowing cannabis businesses.

The governor did sign legislation in July that expands the state’s marijuana decriminalization policy and provides a pathway for expungements of past marijuana convictions.

Over in Connecticut, Lamont campaigned on legalization during his election bid last year and described it as one of his administration’s “priorities” after he took office. But as with neighboring New York, the legislature failed to advance a legalization bill beside multiple successful committee votes and hearings throughout the year.

The specifics of what the governors talked about during their fishing expedition on Lake Ontario aren’t clear, but both are presumably gearing up for another round of legislative efforts marijuana over the coming year and could take lessons from each other as reform talks continue.

Another East Coast state, New Jersey, has also struggled to move legalization legislation forward, with lawmakers saying that the issue should be taken up by voters in 2020 rather than pushed through the legislature, though there has been discussion lately about another try at moving a bill before year’s end. Gov. Phil Murphy (D) did sign a decriminalization and expungements bill in May, however.

Federal Data Shows Youth Marijuana Use Isn’t Increasing Under Legalization

Photo courtesy of CBS 6.

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.
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