Voters in the largest county in Illinois overwhelmingly approved a ballot question calling for the legalization of marijuana on Tuesday.
The measure in Cook County — the nation’s second-most-populous county — is not binding, but its passage sends a strong message to state lawmakers that ending cannabis prohibition is an issue that voters want the legislature to address.
The question, approved by voters with a greater than two-to-one margin, reads:
“Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?”
Statewide, voters also went to the polls on Tuesday to select party nominees for governor and attorney general, contests in which the candidates’ positions on marijuana legalization has been a key issue.
Businessman JB Pritzker won the Democratic gubernatorial nomination.
“We can begin by immediately removing one area of racial injustice in our criminal justice system,” he said during a victory speech Tuesday night. “Let’s legalize, tax and regulate marijuana.”
During the course of the campaign, Pritzker repeatedly promised to legalize cannabis.
“I also support legalizing and taxing recreational use of marijuana, which is estimated to generate as much as $700 million a year for the state,” he said. “No more studies are needed to show it’s time for Illinois to safely move forward and legalize marijuana. As governor, I will modernize drug laws and move Illinois towards a criminal justice system that gives all Illinoisans a chance to reach their full potential.”
Our state should legalize marijuana. This is not a moment for a governor who stands with Donald Trump. pic.twitter.com/HTHObxJU5V
— JB Pritzker (@JBPritzker) January 12, 2018
As governor, I will stand up to Donald Trump’s attacks on Illinois communities, legalize marijuana, and modernize sentencing guidelines to create a criminal justice system that gives all Illinoisans a chance to reach their full potential.
— JB Pritzker (@JBPritzker) January 4, 2018
“Criminalizing marijuana hasn’t made our communities safer, but has disproportionately impacted black and brown communities,” Pritzker also said. “The criminalization of cannabis never has been and never will be enforced fairly, and it’s time to bring that to an end. To right past wrongs, we also have to commute sentences of people in prison who are there for marijuana offenses.”
While incumbent Gov. Bruce Rauner (R) signed into law a measure to decriminalize cannabis possession last year, he opposes broader legalization and has threatened to veto it if approved by lawmakers.
Rauner narrowly won nomination to seek reelection on Tuesday, and cannabis is likely to be a focus of debate as the general election approaches.
Aside from selecting the state’s next governor, voters across Illinois may get a chance to weigh in more directly on marijuana legalization in November. Earlier this month, the Senate approved legislation for a nonbinding statewide ballot question on the issue, which is now pending in the House.
In recent months lawmakers have also held a series of hearings on legislation that would end cannabis prohibition without referring the question to voters, but leaders have not yet scheduled House or Senate votes.
In the races for state attorney general nominations on Tuesday, Republican Erika Harold and Democrat Kwame Raoul prevailed.
Harold has said officials should “begin the process of methodically analyzing and negotiating appropriate safeguards and regulatory frameworks” for legal marijuana.
“If approached in a thoughtful and deliberate manner, legalization should enable law enforcement officials to redirect their time and resources towards addressing more critical issues (such as the opioid epidemic), expand Illinois’ tax base, and decrease the number of people serving sentences for non-violent, marijuana-related offenses,” she said.
Her November opponent, Raoul, called legalizing marijuana is “the logical extension” of Illinois’s existing decriminalization and medical cannabis policies.
The state should end prohibition “in a manner that appropriately regulates manufacture and distribution while taxing it [to] capture the new economic activity that would accompany recreational use,” he said.
In another key race on Tuesday, Democratic U.S. Rep. Dan Lipinski faced a strong primary challenge from the marijuana legalization supporter Marie Newman.
During a debate last month, the incumbent congressman claimed he supports allowing states to set their own marijuana policies. “I would allow the states to do what they are going to do,” he said.
But in the House Lipinski has consistently voted against measures to protect state medical cannabis laws or broader legalization policies from federal interference.
Lipinski narrowly won renomination over Newman, but the statements he made during the primary will surely be used by activists to pressure him to begin voting differently on marijuana measures in Congress.
Hawaii Lawmakers Approve Marijuana Decriminalization Bill In Joint Committee Hearing
Two Hawaii Senate committees approved a bill to decriminalize the possession of small amounts of marijuana in a joint hearing on Tuesday.
The vote comes two weeks after the full House passed the amended legislation, which makes possession of three grams or less of cannabis a civil offense instead of a crime punishable by jail time. As approved by that full chamber, a first the offense was punishable by a $200 fine under the bill, but the Senate committees lowered it to $30 instead.
While the quantity of marijuana is significantly less than in other states have decriminalized, the development was welcomed by reform advocates in the state.
“[W]e embrace the move from criminalization that the bill still represents, and particularly applaud the provisions to dismiss pending charges and expunge convictions related to cannabis offenses,” the reform organization Drug Policy Forum of Hawaii, said in written testimony. “While we support full-scale legalization of adult use cannabis, this bill then also begins to reverse the brutal impact of the decades’ long, needless criminalization of this substance.”
The Senate Committee on Judiciary adopted the House recommendation without objection and advanced the bill. The Senate Committee on Public Safety, Intergovernmental, and Military Affairs didn’t immediately have a quorum during the joint hearing, so that panel didn’t formally take its vote until later in the day.
Besides decriminalizing low-level cannabis possession, the legislation would provide for the expungement of prior convictions cocerning three grams or less.
It would also establish a marijuana evaluation task force to “examine other states’ laws, penalties, and outcomes pertaining to marijuana use, other than marijuana use for medical purposes, and make recommendations on amending marijuana use penalties and outcomes in the State.”
Advocates are cautiously optimistic that Gov. David Ige (D) will sign the bill if it arrives on his desk. While he’s expressed concerns about adult-use legalization, he put his name on decriminalization legislation as a state senator in 2013.
On that note, a separate legalization proposal that advanced further than similar legislation has ever gone in Hawaii after it was approved by a Senate committee last month did not receive consideration in another panel before the deadline to proceed through the legislative process, which effectively killed the bill.
Elsewhere, New Mexico lawmakers sent a more wide-ranging decriminalization bill to the desk of Gov. Michelle Lujan Grisham (D) over the weekend. The pro-legalization governor is expected to sign the legislation.
Photo courtesy of Max Pixel.
First Congressional Marijuana Vote Of 2019 Officially Scheduled For Next Week
A bipartisan bill designed to protect banks that service the marijuana industry from being penalized by federal regulators will get a vote in a key congressional committee next week.
The legislation, which was discussed during the first cannabis-related hearing of the 116th Congress last month, will go before the House Financial Services Committee on Tuesday.
Reps. Ed Perlmutter (D-CO) Denny Heck (D-WA), Steve Stivers (R-OH) and Warren Davidson (R-OH) are the chief sponsors of the Secure and Fair Enforcement (SAFE) Banking Act. It was formally filed earlier this month, and currently has 138 cosponsors—more than a quarter of the House.
After no action for 6 years, #SAFEBanking has received its first hearing and will see its first vote next week. Glad to have the support of 138+ cosponsors as we work to address the #cannabis banking issue and get cash off our streets. https://t.co/jylk1udqVQ
— Rep. Ed Perlmutter (@RepPerlmutter) March 19, 2019
“For six years, Congress has failed to act on the issue of cannabis banking, putting thousands of employees, businesses and communities at risk,” Perlmutter said in a statement emailed to Marijuana Moment. “However, the issue is finally receiving the attention it deserves with the first-ever congressional hearing and now a scheduled committee vote.”
‘Among the cosponsors is the chair of the committee herself, Rep. Maxine Waters (D-CA), who spoke about addressing banking issues in the cannabis industry shortly before assuming the position. Judiciary Committee Chairman Jerrold Nadler (D-NY) and Rules Committee Chairman Jim McGovern (D-MA), have also signed onto the legislation—demonstrating its support among powerful Democratic leaders of the House.
All of this sets the stage for a potentially game-changing vote, as Republican leadership during the last Congress consistently blocked marijuana-related bills from even being considered. With Democrats in control and leading lawmakers embracing the legislation, it stands a good chance of heading to the full House and then on to the Senate.
Resolving banking problems for marijuana companies was one of several legislative goals that Rep. Earl Blumenauer (D-OR) outlined in a blueprint to end federal marijuana prohibition he sent to his party’s leaders last year.
“The banking issue is just one aspect of the failed policy of federal marijuana criminalization. In order to truly bring the marijuana industry out of the shadows, actions need to be taken by Congress to amend this, and many others, outdated and discriminatory practices,” Justin Strekal, political director for NORML, said in a statement. “This will certainly not be the last hearing of this Congress to discuss marijuana prohibition and we expect a full hearing on prohibition to be scheduled in the months to come.”
There were several changes made to the banking bill since it was last introduced in the 115th Congress. For example, the legislation clarifies that protections are extended to financial institutions that work with ancillary cannabis business—not just those that directly sell marijuana or marijuana products.
“[P]roceeds from a transaction conducted by a cannabis-related legitimate business shall not be considered as proceeds from an unlawful activity solely because the transaction was conducted by a cannabis-related legitimate business,” the bill states.
It also calls on the Federal Financial Institutions Examination Council to implement “uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses.”
There have been widespread calls to tackle the banking problem, including from members of Congress and representatives of cannabis businesses. With this vote, it seems those calls are at least starting to be answered.
Meanwhile, Nadler has signaled that his Judiciary Committee may also take up broader marijuana legislation soon.
“With 97.7 percent of the U.S. population living in a state where voters have legalized some form of adult recreational, medical or limited-medical use of marijuana, congressional inaction is no longer an option,” Perlmutter said. “And with broad, bipartisan support in the House, I look forward to the SAFE Banking Act continuing to move forward in the Financial Services Committee and on the floor of the House.”
This story has been updated to include statements from Perlmutter and NORML.
Photo courtesy of Brian Shamblen.
Feds Ramp Up Calls For Research Into Marijuana Treatment For Chronic Pain
A federal health agency is seeking the public’s help in identifying studies that explore the potential benefits and harms of using marijuana instead of opioids for chronic pain treatment.
In three separate notices published in the Federal Register on Tuesday, the Agency for Healthcare Research and Quality (AHRQ) said it is in the process of reviewing existing research on chronic pain—specifically alternatives to opioid-based painkillers—and requested “supplemental evidence and data submissions” from the public.
The agency provided guidelines for what exactly it was interested in learning. One notice called for studies on the “comparative effectiveness” of using non-opioid therapies, “including marijuana,” instead of opioids. The studies should explore differences in “outcomes related to pain, function, and quality of life.” The filing also includes a prompt for evidence about utilizing cannabis in tandem with opioids, including how the harms of the prescription pain medications vary for patients who also use marijuana.
In another notice, AHRQ, which is part of the U.S. Department of Health and Human Services, said it wants help completing its review of non-invasive and non-pharmacologic chronic pain treatments such as exercise, mindfulness, acupuncture—and yes, medical marijuana. The request specified that the agency is interested in research on “any formulation” of cannabis.
Finally, a third notice included marijuana in a list of non-opioid pharmacologic treatment options that AHRQ is interested in exploring. The public is encouraged to submit studies and data on the risk of “overdose, misuse, dependence, withdrawals due to adverse events, and serious adverse events” for medical cannabis, as well as more conventional oral and topical treatments.
Altogether, the package of solicitations demonstrates that while marijuana remains a Schedule I drug (meaning the federal government does not recognize it as having medical value), there are federal agencies that are compelled by the prospect that cannabis effectively treats pain without the risks posed by opioids.
And there are any number of studies that AHRQ might want to take into consideration. For example, there are surveys that show patients often use marijuana as a substitute for opioid painkillers and other pharmaceuticals, as well as several comprehensive studies indicating that states with legal cannabis access experience lower opioid overdose rates and have fewer opioid prescriptions compared to non-legal states.
The deadline to submit studies and data for all of the new notices is April 18.
These are the latest in a series of notices that AHRQ and other federal agencies have published in recent months. Last year, the National Center for Complementary and Integrative Health hosted a workshop that specifically addressed barriers to cannabis research while the substance remains federally prohibited.
Photo courtesy of Philip Steffan.