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Lawmakers React To Sessions Anti-Marijuana Move

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A bipartisan collection of members of Congress and state officials are pushing back on U.S. Attorney General Jeff Sessions’s move to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference.

Sen. Cory Gardner (R-CO):

Sen. Kirsten Gillibrand (D-NY):

Sen. Lisa Murkowski (R-AK):

Washington State Gov. Jay Inslee (D):

Colorado Gov. John Hickenlooper (D):

Massachusetts Cannabis Control Commission:

Congresswoman Nancy Pelosi (D-CA):

Sen. Chuck Schumer (D-NY):

Oregon Gov. Kate Brown (D):

Arkansas Gov. Asa Hutchinson (R):

Alaska Gov. Bill Walker (I):

“I remain committed to upholding the will of Alaskans on this issue, and maintaining our State’s sovereign rights to manage our own affairs while protecting federal interests.”

Colorado Attorney General Cynthia Coffman (R):

Congressman Denny Heck (D-WA):

Congressman Mike Coffman (R-CO):

Sen. Dan Sullivan (R-AK):

Today’s action by the Department of Justice — which contradicts previous statements by the President that this is an issue best left to the states, and adds new confusion and uncertainty for numerous states and communities — could be the impetus necessary for Congress to find a permanent legislative solution for states that have chosen to regulate the production, sale and use of marijuana. As we move forward, I will be examining new and existing legislative proposals and working to ensure the rights of Alaskans and the State of Alaska are protected.”

Congressman Don Young (R-AK):

“Today’s decision announced by the Department of Justice (DOJ) is a direct violation of states’ rights. Rolling back the Cole Memo without a responsible replacement to protect individuals and the states they live in is unacceptable.”

Congressman Carlos Curbelo (R-FL):

Sen. Bernie Sanders (I-VT):

Sen. Elizabeth Warren (D-MA):

Sen. Brian Schatz (D-HI):

Congressman Ted Lieu (D-CA):

Sen. Patrick Leahy (D-VT):

Sen. Jeanne Shaheen (D-NH):

Sen. Orrin Hatch (R-UT):

Congressman Jerrold Nadler (D-NY), Congresswoman Sheila Jackson Lee (D-TX) and Congressman Steve Cohen (D-TN):

“This change takes us in the wrong direction and is another step by the Trump Justice Department toward rolling back the sensible and more effective prosecution policies established by the Justice Department under President Obama. The Judiciary Committee should conduct hearings on these issues so that we may develop better strategies for preventing drug abuse and focusing the Justice Department’s efforts on those who pose the most serious threats to public safety.”

Congressman Dana Rohrabacher (R-CA):

Sen. Jeff Merkley (D-OR):

Massachusetts Gov. Charlie Baker (R):

North Dakota Gov. Doug Burgum (R):

We support states’ rights when deciding whether medical marijuana should be legalized, and North Dakota voters have spoken.”

Sen. Cory Booker (D-NJ):

Congressman Matt Gaetz (R-FL):

Pennsylvania Gov. Tom Wolf (D):

Congressman Rod Blum (R-IA):

California Attorney General Xavier Becerra (D):

Puerto Rico Gov. Ricardo Rosello (NPP):

Sen. Chris Van Hollen (D-MD):

Sen. Catherine Cortez Masto (D-NV):

Sen. Kamala Harris (D-CA):

Sen. Bob Casey (D-PA):

Sen. Ron Wyden (D-OR):

Sen. John Hoeven (R-ND):

States are really determining how this issue will be handled now and going forward, and I don’t think this policy decision will change that.”

Sen. Mark Warner (D-VA):

“It seems to be the absolute opposite direction from where our country’s headed.”

Congressman Keith Ellison (D-MN):

Congressman Kevin Cramer (R-ND):

Congress should act on this and make it clear that … this a states’ rights issue, that it should be up to states to determine whether they want to allow marijuana.”

Congresswoman Dina Titus (D-NV):

Congressman Jason Lewis (R-MN):

Congressman Scott Tipton (R-CO):

“The announcement by the Department of Justice is a drastic departure from the Attorney General’s previous commitment to Senator Cory Gardner during the confirmation process that he would uphold the Obama Administration’s treatment of marijuana enforcement and President Trump’s comments that he would leave it to the states. Furthermore it creates even greater confusion and uncertainty by leaving enforcement decisions up to federal prosecutors. The Department of Justice should provide guidance on enforcement of marijuana for states that have voted to legalize it. The people of Colorado voted to legalize marijuana in the state, and I am committed to defending the will of Coloradans.”

California Lt. Gov. Gavin Newsom (D):

Nevada Gov. Brian Sandoval (R):

Congressman Earl Blumenauer (D-OR):

Congresswoman Eleanor Holmes Norton (D-DC):

Congresswoman Barbara Lee (D-CA):

Congresswoman Tulsi Gabbard (D-HI):

Congressman Thomas Massie (R-KY):

Sen. Rand Paul (R-KY):

Sen. Dean Heller (R-NV):

Sen. Heidi Heitkamp (D-ND):

“I’m going to continue to follow this situation to see how it will impact our state, especially after North Dakotans made their voices heard and voted to legalize medical marijuana.”

Congressman Steve Cohen (D-TN):

Washington State Attorney General Bob Ferguson (D):

Sen. Patty Murray (D-WA):

Congressman Ro Khanna (D-CA):

Congressman Jared Polis (D-CO):

Sen. Chris Coons (D-DE):

Devoting our limited resources to prosecuting medical marijuana use that is permitted under Delaware state law is a poor allocation of federal time, money, and manpower that should be focused on more important things, such combating violent crime on our streets.”

Congressman Justin Amash (R-MI):

Congressman Beto O’Rourke (D-TX):

Congressman Adam Schiff (D-CA):

Congresswoman Chellie Pingree (D-ME):

Congressman Derek Kilmer (D-WA):

“This action by Attorney General Sessions would silence the voices of the majority of Washington state’s voters. No matter how you feel about the legalization of marijuana, this decision by the federal government to meddle in a state issue settled by public referendum is particularly troubling and would create tremendous uncertainty. It’s the wrong decision and is in direct conflict with the Attorney General’s long career of advocating for more autonomy for state and local governments.”

Congressman Seth Moulton (D-MA):

Congressman Darren Soto (D-FL):

Congressman Hank Johnson (D-GA):

Congressman Tim Walz (D-MN):

Congresswoman Nydia Velazquez (D-NY):

Congressman Hakeem Jeffries (D-NY):

Washington, D.C. Attorney General Karl Racine (D):

Nevada Attorney General Adam Laxalt (R):

Maryland Attorney General Brian Frosh (D):

Sen. Michael Bennet (D-CO):

Congressman Mark Takano (D-CA):

Congresswoman Pramila Jayapal (D-WA):

Connecticut Gov. Dannel Malloy (D):

“Especially during the midst of a national opioid crisis, medical marijuana provides an important alternative to opioids and is counted on for relief by 22,000 Connecticut residents. Rather than diverting critical federal resources and infringing on the will of the American people, Attorney General Sessions would do well to take a leaf out of Connecticut’s book, where our marijuana policies have allowed law enforcement professionals to focus on reducing violent crime, with demonstrated success. We will continue to follow Connecticut law regarding marijuana policy despite this short-sighted decision.”

Congresswoman Suzan DelBene (D-WA):

Congresswoman Suzanne Bonamici (D-OR):

Congresswoman Julia Brownley (D-CA):

Congressman Mike Thompson (D-CA):

Congressman Ed Perlmutter (D-CO):

Congressman Joe Crowley (D-NY):

Congressman Ryan Cosetllo (R-PA):

Congressman Ruben Gallego (D-AZ):

Massachusetts Attorney General Maura Healey (D):

Congresswoman Jacky Rosen (D-NV):

Congressman Peter Welch (D-VT):

Congressman Tom Garrett (R-VA):

Congresswoman Colleen Hanabusa (D-HI):

Congressman Adam Lowenthal (D-CA):

Congressman John Delaney (D-MD):

“The Cole Memo provided clear guidance to an otherwise conflicting situation. Revoking the Cole Memo will restore that confusion and undermines the will of the voters in several states.”

Congressman Ruben Kihuen (D-NV):

Congressman Adam Smith (D-WA):

Colorado Senate Democrats:

This post will be updated as more reactions come in.

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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling

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A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.

The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.

“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.

“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”

On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.

The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.

“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.

The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.

Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.

While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.

Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.

Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators

Photo elements courtesy of rawpixel and Philip Steffan.

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Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators

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Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.

As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.

But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.

State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”

Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.

The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”

The memo was silent, however, on the likelihood of enforcement. As of Friday morning, slushies still appeared on menus for some Oklahoma dispensaries.

It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.

Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.

Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.

Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect

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Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect

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Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.

A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.

“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”

Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).

On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.

Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.

“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.

The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.

A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.

Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.

“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”

The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.

Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.

“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”

Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.

“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”

In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.

Austin Police Will Stop Marijuana Possession Arrests And Citations

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