Lawmakers in the Commonwealth of the Northern Mariana Islands (CNMI), a U.S. territory, have voted to send a marijuana legalization bill to the governor’s desk.
The legislation, which was approved on by the CNMI Senate on Thursday by a vote of 6 – 0, with 2 abstentions, passed the House of Representatives earlier this month.
Gov. Ralph Torres (R) now has 28 days to sign or veto the bill, or it will become law automatically without his signature.
If the bill is enacted, CNMI will become the first U.S. jurisdiction to go directly from outlawing marijuana across the board to allowing recreational use. The territory has no existing medical cannabis program, something that has been a precursor to broader legalization in a growing number of states.
It will also be the first place in the U.S. to legalize marijuana sales by an act of lawmakers. The eight existing state commercial cannabis legalization laws were enacted by voter initiatives. Earlier this year Vermont lawmakers passed legislation to legalize low-level possession and home cultivation of marijuana, but that law does not allow for any form of sales.
The legalization proposal has had a somewhat circuitous route to passage. Initially, the Senate introduced and approved a legalization bill. But although the legislation advanced through a House committee and to the floor of that body, some lawmakers raised procedural concerns that bills generating revenue must originate in the House. So representatives crafted their own bill, largely modeled on the original proposal from Sen. Sixto Igisomar (R).
The bill cleared the House earlier this month and, on Thursday, it was approved in a matter of minutes by the Senate.
“Senator Sixto just shared the house amendments to the senators and confirmed to them that the house bill still had most of the senate version intact and requested their support to accept it as is and move forward,” Gerry Palacios Hemley of the advocacy group Sensible CNMI told Marijuana Moment.
“It took them less than 7 minutes to passage.”
“The reason being that they have deliberated this issue for a while now since it was started in the senate in 2015 leading to its passage a couple months ago and felt that the only thing left to do was to act on it by vote,” Hemley said.
Now it is up to the governor to decide whether CNMI becomes the next U.S. jurisdiction to legalize marijuana. While Torres has expressed some concerns about potential “public safety issues,” advocates are hopeful he will allow the bill to become law.
“I will say this for the record: we should look at both sides of the coin. In the nine states that have legalized marijuana, have we seen an increase in crime?” Torres said in June. “If there is, what is the nature of these crimes? We should look at this and other things. I am concerned about public-safety issues.”
A growing body of research shows that state legalization laws don’t increase crime. One recent study indicated that police are able to focus on solving other crimes when they don’t have to enforce laws against cannabis possession.
“We expect the governor to strongly consider the evidential support given by both houses and the overwhelming support at public hearings and committee sessions, along with the research documents and testimonies submitted to making a favorable decision for the bill’s intent,” Hemley said.
“We are very hopeful he will sign it.”
If the bill is enacted, adults over 21 years of age and qualified medical cannabis patients will be able to legally possess up to one ounce of marijuana, as well as infused products and extracts. Home cultivation will also be allowed, and regulators will issue licenses for cannabis producers, testing facilities, processors, retailers, wholesalers and lounges.
“This is a historic moment, as it is the first time a governing body in the U.S. has ever enacted legislation to both end marijuana prohibition and establish a system of regulation to replace it,” Karen O’Keefe, state policies director for the Marijuana Policy Project, said in a statement. “Adults and medical cannabis patients will finally be able to access marijuana safely and legally, and products will be regulated and controlled to ensure they are safe for consumers. This legislation will allow for the establishment of new businesses that create jobs and generate new tax revenue that can support important programs and services.”
Senate Schedules Hearing On Marijuana Business Banking Access
In one of the clearest signs of marijuana reform’s growing momentum on Capitol Hill, a Republican-controlled Senate committee has scheduled a hearing for next week that will examine cannabis businesses’ lack of access to banking services.
The formal discussion in the Senate Committee on Banking, Housing and Urban Affairs on Tuesday comes as legislation aimed at resolving the marijuana industry’s financial services problems is gaining momentum. A House cannabis banking bill that cleared that chamber’s Financial Services Committee with a bipartisan vote in March now has 206 cosponsors—nearly half the body—while companion Senate legislation has 32 out of 100 senators signed on.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Congressman Files Marijuana Bill After Leaving Republican Party
In one of his first legislative acts since leaving the Republican Party earlier this month amid a feud with the president, Rep. Justin Amash (I-MI) filed a bill on Monday that would let states set their own marijuana policies without federal interference.
If that sounds familiar, it’s because bipartisan legislation that would accomplish the same goal has already been filed this Congress.
But unlike the nearly identical Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Amash’s new bill excludes one provision that would require the Government Accountability Office (GAO) to study the effects of cannabis legalization on road safety and issue a report on its findings within a year of the law’s enactment.
That language states that the GAO must study “traffic crashes, fatalities, and injuries” in legal cannabis states, actions taken by those states to “address marihuana-impaired driving,” testing standards being used to detect impaired driving and federal initiatives “aiming to assist States that have legalized marihuana with traffic safety.”
Given Amash’s libertarian leanings, it stands to reason that he opposes spending government dollars to conduct the research and simply supports the broader states’ rights intent of the original legislation.
That would also put him at odds with social justice advocates who feel that the STATES Act itself doesn’t go far enough and are pushing for more comprehensive legislation that includes additional provisions addressing social equity and restorative justice for people harmed by drug law enforcement.
Members of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee heard that debate play out during a historic hearing on ending federal marijuana prohibition last week.
A newly formed coalition of civil rights and drug reform organizations, including the ACLU, is also insisting on passing wide-ranging legislation to deschedule cannabis entirely that also invests in communities that have been disproportionately impacted by prohibition.
Amash is a long-standing critic of the war on drugs and earlier this year signed on as a cosponsor of a separate bill that would federally deschedule marijuana. Rep. Tulsi Gabbard (D-HI), a 2020 Democratic presidential candidate, filed that legislation, which is also silent on social equity provisions.
— Justin Amash (@justinamash) March 8, 2019
Gabbard also introduced a separate bill that would require the U.S. Department of Health and Human Services and other federal agencies to study the impacts of legalization. True to form, Amash declined to add his name to that measure as well.
Read the text of Amash’s new cannabis bill below:
Photo courtesy of Kyle Jaeger.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”