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Kansas Lawmakers Continue The Push To Legalize Medical Marijuana

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“It’s time we acknowledge that some of our citizens are actually using medical marijuana, even though they may have to travel to another state to get it. We’re actually using it and we’re losing out on revenues.”

Both had family members regurgitate propaganda reminiscent of “Reefer Madness” while expressing surprise they would take a pro-pot position while federal government categorically listing marijuana as equally dangerous to public health as heroin.

“I remember when I first introduced the first bill in 2009,” said Finney, a Democratic state representative from Wichita. “My mother-in-law was like, oh, she was just so disgusted … that I would do something like that. And I had people emailing me like, ‘Have I lost my mind?’ ”

Haley, who represents a Kansas City, Kansas, district in the Kansas Senate, said his mother changed her mind after told by a Maryland oncologist it could alleviate discomfort of cancer treatment.

“My mother turned and looked at me after she’d been saying for years, ‘What’s wrong with you, my former assistant prosecutor son, in bringing this?’ Haley said. “That was the most redeeming feature. To have her look at me and say, ‘My son gets it.’”

Despite action to legalize medical marijuana in more than three dozen states, law enforcement and factions of the medical community have succeeded in deterring comparable reform in Kansas.

State legislators did pass statutes authorizing hemp production for industrial purposes. CBD products, which don’t feature the get-high THC, are available in retail stores.

Criminal penalties in Kansas have been trimmed during the past several by adjustment of state law and by adoption of city ordinances. Under certain circumstances, Kansans who obtain marijuana-based medicines in other states for treatment of severely disabled children have an “affirmative defense,” not quite a get-of-jail statute, if encountered by police.

In Kansas, the next logical hurdle would be legalization of medical marijuana. There was movement in that direction early in the 2020 legislative session, which was cut short in March when lawmakers decided COVID-19 made it unsafe for them to remain in Topeka.

A key distinction in the current debate is that Gov. Laura Kelly pledged to sign a medicinal marijuana bill.

“We have more Kansans much more aware, much more educated and informed about the issue, and much more supportive,” said Finney, who has advocated for medicinal and recreational marijuana reforms.

Haley, who has sought decriminalization of marijuana possession, said Kansas didn’t have to reinvent the wheel to implement a well-regulated, properly taxed system of making available medicinal marijuana to the 3 million residents of the state.

“The best practices should be incorporated in a bill that will find wide range of support,” he said. “It’s time we acknowledge that some of our citizens are actually using medical marijuana, even though they may have to travel to another state to get it. We’re actually using it and we’re losing out on revenues.”

Listen to Finney and Haley discuss medical cannabis below:

Haley said the benefit wouldn’t fall simply to the consumers who take the products for their health. The state’s agricultural foundation can be relied upon to deliver a superior marijuana crop to companies engaged in manufacturing medicinal products, he said.

A wide range of manufacturing, transportation and other commercial businesses will be required to formulate this new piece of the economy,  he said.

Legalization of medicinal marijuana would provide a modest amount of tax revenue to the cash-strapped state government, but the precise figure wouldn’t be known until boundaries of the statute were decided.

If nothing were done to modify state law, Kansas could find itself surrounded by medicinal marijuana states. Nebraska voters had planned to decide Nov. 3 whether to change its constitution to allow sales, possession and consumption of medical marijuana for serious health conditions. However, the Nebraska Supreme Court ordered the amendment removed from the ballot because it violated the state’s single-subject rule. Under the proposed amendment, the products would be available to children with consent of a parent or guardian and a health professional. Anyone over 18 years of age with a medical condition would be allowed to use, possess, purchase and produce marijuana.

Colorado long ago legalized medicinal and recreational marijuana, while Missouri and Oklahoma have adopted medicinal marijuana laws.

Finney said law enforcement agencies would likely continue to oppose reform in Kansas. She said it had to do, in part, with the ability of law enforcement agencies to seize property—cash, vehicles and other property—from people accused of drug possession. The revenue has been rolled into law enforcement budgets for many years and would be missed, she said.

Legalization of marijuana would take a bite out of that steady revenue source, but it wouldn’t eliminate it because the illegal black market would still be subject to enforcement action.

Medical marijuana reform in Kansas could have a significant impact on the number of people incarcerated, Haley said. The American Civil Liberties Union reported that in 2018 a Black person in Kansas was nearly five times as likely to be arrested for marijuana possession as a white person.

“It’s ridiculous how we clog, or how law enforcement has clogged, the system,” Haley said. “Black, brown or broke, those are the three that are most prosecuted, are disproportionately so, for these crimes.”

This story was first published by Kansas Reflector, which is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. 

Photo courtesy of Chris Wallis/Side Pocket Images.

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.

Politics

Cory Booker Urges New Jersey Voters To Legalize Marijuana As Data Shows Supporters Outraising Opponents

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Another one of the most prominent elected officials in New Jersey is urging the state’s voters to approve a marijuana legalization referendum that’s on their ballots next week. Meanwhile, new campaign finance data released by the state shows that supporters of the cannabis reform measure are outraising opponents by more than a 200-to-1 ratio.

“This is an important question,” Sen. Cory Booker (D-NJ) said in a new video published by the NJ CAN 2020 campaign on Wednesday. “I hope as you fill out the front of your ballot, you will look at the back and see that question, ballot question number one, and that you will vote to legalize marijuana in New Jersey for adult use. We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”

Booker, who has been a leading champion for federal cannabis reform in Congress, said that “we have seen how the drug war has not been a war on drugs, but a war on people.”

“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help. They’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said, adding that African Americans, Latinos and low-income people are also disproportionately targeted by enforcement.

Meanwhile, a report released on Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised $2,074,030 in campaign contributions. That’s compared to just $9,913 brought in by opponents.

“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”

Via NJ ELEC.

The new numbers reflect data filed through October 20, and additional post-election spending data will be released on December 1.

Earlier numbers released two weeks ago pegged the fundraising disparity at a ratio of nearly 130 to 1.

If voters approve the referendum, legal recreational marijuana sales could potentially begin within mere weeks through the state’s existing medical cannabis dispensaries under a plan laid out this week by the New Jersey Senate Judiciary Committee chairman.

A hearing to get a head start on planning legal cannabis implementation was scheduled for last week, but that was canceled when the senator went into quarantine after being exposed to someone who tested positive for COVID-19.

Booker, for his part, is framing legalization as a matter of criminal justice reform.

“It will help us to join with other states who are seeing through legalizing you could better regulate its usage, you can have more and more tax dollars that can be applied to state priorities, from education to treatment,” Booker said in his new video. “And, we see how we begin to end what has been a very dark and unfair chapter in criminal justice in America.”

In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next week.

A survey released last week found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.

The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released this month by Stockton University showed three-to-one support for legalizing cannabis among New Jersey voters.

Gov. Phil Murphy (D) has also been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.

For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.

The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.

“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”

Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.

He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

NJ CAN 2020 released a series of English- and Spanish-language video ads this month, after having published one prior ad.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.

Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll

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Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week

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A campaign opposing a marijuana legalization initiative in Arizona recently released a series of ads imploring voters to reject the proposal.

The digital spots—which range from 16 to 42 seconds in length—argue that cannabis reform would negatively impact young people, increase impaired driving and create workplace risks. In doing so, they make misleading claims about what the proposed Arizona law would allow and what has occurred in other states that have already enacted legalization.

Here’s each ad and script, along with some broader context on the accuracy of the claims: 

“When Washington State legalized marijuana, I wasn’t too concerned. What began happening with students, however, was alarming. Marijuana possession increased. We maintained a zero drug policy in our district, and parents and students became confused when students were disciplined for possession of marijuana. Suspensions increased and students lost valuable classroom time. If I could give one piece of advice from this Democrat, school principal from Washington to my new Arizona neighbors vote ‘no’ on 207. It won’t provide the support needed to deal with the problems this law will create. Vote ‘no’ on Prop. 207.”

Actually, a study published last year by the federal Centers for Disease Control and Prevention found that youth marijuana use declined in Washington State’s largest metropolitan county after legalization. Other research has reached similar conclusions.

“Marijuana use damages the developing brain of teenagers. Unfortunately, where marijuana is legal for adults, more teens get it and use it. Under Prop. 207, marijuana-laced candies, cookies and vape pens—all very appealing to teens—are not only legal but marijuana marketers can advertise them on TV, radio and social media, a teen favorite. Vote ‘no’ on Prop. 207.”

The Arizona initiative states that any advertising “involving direct, individualized communication or dialogue shall use a method of age affirmation is twenty-one years of age or older before engaging in that communication or dialogue.”

“Police pull over the driver next to you for swerving, but there’s no standard of impairment. It’s 2021, and using marijuana is legal right under Prop. 207. There’s no roadside test to gauge marijuana impairment, so they let it go. Nearly 70 percent of marijuana users in Colorado admit to driving stoned. Their traffic deaths doubled after legalization. Keep stoned drivers off Arizona roads. Vote ‘no’ on Prop. 207.”

The Arizona initiative explicitly states that it “does not allow driving, flying or boating while impaired by marijuana to even the slightest degree.”

“When you drop your child off at daycare, you expect the caregiver to be sober. Under Prop. 207, employers can only prohibit using marijuana at work. There’s nothing stopping employees from using and then heading to the daycare or elderly care facility or the worksite. Prop 207. ties the hands of employers who want to keep a drug-free workplace. Vote ‘no’ on Prop. 207.”

The Arizona initiative says it “does not restrict the rights of employers to maintain a drug- and alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.” It also “does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.”

Despite the questionable ad splurge from Arizonans for Health and Public Safety, convincing enough people to vote against the legalization proposal will be a steep task days out from the election, recent polling suggests.

A firm that’s been consistently tracking where residents stand on candidates and ballot questions found that 55 percent of likely voters favor Proposition 207 in a survey released earlier this month. A separate, recent survey showed 56 percent support among registered voters.

Both of those results are largely consistent with an internal poll Smart and Safe Arizona, the campaign behind the initiative, shared with Marijuana Moment last month.

These survey results represent promising signals to reform advocates that Arizona is ready to enact legalization, unlike in 2016 when voters rejected a similar proposal.

Democratic U.S. Senate candidate Mark Kelly also indicated this month that he is inclined to back the legal cannabis measure.

If the Arizona measure is approved by voters, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.

The measure also contains several restorative justice provisions such as allowing individuals with prior cannabis convictions to petition the courts for expungements and establishing a social equity ownership program

Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.

The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.

Majority Of New Yorkers Support Marijuana Legalization, New Poll Shows As Governor Renews Reform Pledge

Photo courtesy of Mike Latimer.

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Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll

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Montana voters appear poised to approve a proposal to legalize marijuana next week, according to a new poll released on Wednesday.

The survey, conducted by Montana State University (MSU) Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot, while 38 percent are opposed. Seven percent remain undecided.

There is a stark partisan divide on the measure, with 77 percent of Democrats in favor, and only 31 percent of Republicans agreeing. Sixty-three percent of independents back the reform.

Ending marijuana prohibition has majority support among both men and women in the state, and from voter groups under the age of 65. Those older than that are narrowly divided on legalizing cannabis.

Via Montana State University Billings.

The poll involved interviews with 546 likely voters, conducted from October 19 to 24, and has a margin of error of 4.2 percent.

A separate survey released earlier this month showed the measure leading, but without outright majority support. That poll, conducted by a separate team at MSU, found that Montana voters support marijuana legalization, 49 percent to 39 percent.

The new numbers showing continued voter backing for marijuana legalization comes a week after the state Supreme Court rejected a request to block the initiative. The case was filed by opponents who argued that the measure violates the state Constitution by appropriating funds to specific programs.

Under the proposal, half of the public revenue generated from marijuana sales would go toward environmental conservation programs—a provision that earned the campaign key endorsements last month.

In addition to the cannabis revenue earmarked for land, water and wildlife conservation programs, the proposal aims to send funds toward veteran services, substance misuse treatment, health care and local governments, with the rest being pegged to the general fund.

The state Supreme Court didn’t rule on the merits of the challenge but said that opponents needed to take up the issue in lower courts first, which they said they plan to do.

Also this month, a Montana-based federal prosecutor appointed by President Trump sent a press release highlighting his concerns that legalizing cannabis in the state could cause public health and safety harms.

Montana voters will actually see two cannabis questions on their ballots. A statutory measure to legalize marijuana for adult use would allow adults to possess up to an ounce of cannabis and cultivate up to four plants and four seedlings at home, while a separate constitutional amendment stipulates that only those 21 and older could access the market.

Photo courtesy of Max Pixel.

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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