It was another big day for the marijuana legalization movement on Tuesday.
Voters in three out of four states that held primary elections nominated vocally pro-legalization Democratic candidates for governor.
From Vermont to Minnesota, all but one of the new Democratic gubernatorial nominees has gone on the record endorsing adult-use marijuana systems, and the fourth at least supports decriminalization and medical cannabis and wants a referendum on more broadly ending prohibition. As debates over the best direction for the party continue, it’s become increasingly apparent that cannabis reform is a winning issue for Democrats across the country.
Turning to Connecticut, Democratic gubernatorial nominee Ned Lamont has called for a system to tax and regulate cannabis. Speaking at a senior living facility in July, the businessman and politician said legalization is “an idea whose time has come.”
— Neil Vigdor (@gettinviggy) January 17, 2018
Another resident of the facility chimed in, The CT Mirror reported: “And it’s not bad for you!” Lamont went on to tell the audience that marijuana is “not a gateway drug compared to opioids” and that he’d use revenue from a regulated system to fund opioid treatment programs in the state.
On the Republican side, Bob Stefanowski won the party’s gubernatorial nomination. At the final Republican primary debate earlier this month, the then-candidate admitted that he’s used cannabis—but he said more research was needed before the state, which already has medical cannabis and marijuana decriminalization, legalizes for adult-use.
Minnesota’s Democratic gubernatorial nominee, Rep. Tim Walz (D-MN), also ran on a pro-legalization platform. The state’s current marijuana policy has “failed,” and he pledged to implement a recreational cannabis system that “creates tax revenue, grows jobs, builds opportunities for Minnesotans, protects Minnesota kids, and trusts adults to make personal decisions based on their personal freedoms.”
During his time in Congress, Walz repeatedly raised the issue of legal access to cannabis for veterans.
Our vets deserve access to every form of safe, effective relief there is — and I hear from vets more and more every day that they find relief in #cannabis.
— Rep. Tim Walz (@RepTimWalz) April 20, 2018
Walz opponent, Republican gubernatorial primary winner Jeff Johnson, doesn’t back an adult-use system. In an interview with Minnesota Public Radio last month, Johnson said he remained concerned about the impact of legalization on “work productivity, safety on the roadways and reproductive health.”
In Vermont, Christine Hallquist became the first transgender candidate to win a major party gubernatorial nomination. She told Heady Vermont that she’d “work with the legislature to ensure that a tax and regulate system was passed into law in my first term” in an interview earlier this month.
“I think that enough research has been done and enough systems implemented that I don’t really feel the need to dictate a specific system,” Hallquist said. “Rather, I believe it would be my job to work collaboratively with all stakeholders—legislators, interest groups, et cetera—to make sure the system is a reality.”
Hallquist will face off against incumbent governor, Phil Scott (R), who said he signed a law allowing adults 21 and older to possess and cultivate cannabis in January with “mixed feelings.” He’s since expressed reservations about expanding the state’s marijuana system, saying “[w]e’re not ready, I don’t believe, for a tax-and-regulate system at this point in time.”
Gov. Phil Scott said he'd veto a bill to tax and regulate marijuana if it didn't meet his standards. Watch our full primary forum with @ch_17: #vtpolihttps://t.co/HCAvmSHY5H pic.twitter.com/CFpmQUbNLs
— VTDigger (@vtdigger) July 26, 2018
He said the state wouldn’t be ready for legal cannabis sales until it addressed issues related to education, mental health and impaired driving on highways.
The outlier in Tuesday’s primary race—at least when it comes to full legalization—was Wisconsin’s Democratic gubernatorial nominee, Tony Evers. He was the only major Democratic candidate for governor that didn’t back legalization, saying he’d like to see a state referendum on the issue first.
(Numerous counties in Wisconsin will vote on non-binding advisory questions about legalization in November—a move that may bolster lawmakers and whoever is elected governor to take marijuana reform seriously in 2019).
In February,Evers responded to a tweet saying that he’d push for decriminalizing marijuana possession as a means of improving living conditions for marginalized groups in the state.
•Increasing access to quality nutrition, not penalizing working families
•Increasing diversity and cultural competence of our health providers and educators
•Actually talking about and addressing community/police relations
— Tony Evers (@Tony4WI) February 2, 2018
Evers’s campaign website notes that he supports legalizing marijuana for medical use in Wisconsin.
“Tony believes it’s time for Wisconsin to join nearly 30 other states and the District of Columbia in legalizing medical marijuana. As a cancer survivor himself, Tony is all too familiar with the side effects of a major illness that can make everyday tasks, like making your bed or even showering, a challenge.”
The incumbent governor, Scott Walker, clinched the Republican nomination on Tuesday. He’s consistently opposed cannabis legalization for both medical and recreational purposes, and he believes that marijuana is a gateway drug.
Photo courtesy of Philip Steffan.
North Dakota Marijuana Activists Turn Hopes To 2020 Ballot Measure Following Legislative Defeat
Despite the narrow defeat on Wednesday of a bill that would have decriminalized possession of small amounts of marijuana, activists in North Dakota say they are looking ahead to 2020, when they’ll try to push for broader cannabis legalization through a ballot measure.
The activist group Legalize ND stated their intentions to take the issue to voters in the upcoming general election in a Facebook post following the legislation’s failure.
“The legislature has proven they have 0 interest in reform, and that they are unwilling to live by their pledge to pass decriminalization as an alternative to full legalization,” the post said.
The legislation, supported by Gov. Doug Burgum (R), would have removed criminal penalties for possession of up to an ounce or two mature plants. The current misdemeanor offense that carries a penalty of 30 days in jail and a $1,500 fine would have been replaced with a non-criminal offense that carried a $200 fine. The bill also set new penalties for possession of paraphernalia including pipes, containers or growing tools as a non-criminal offense with a $100 fine.
Instead, members of the House voted the measure down 43-47, with four abstentions.
Activists with Legalize ND and Rep. Shannon Roers Jones, who introduced the failed decriminalization bill, did not return calls from from Marijuana Moment seeking comment.
Meanwhile, the House approved separate legislation Monday that would add new conditions for which residents can use medical cannabis, increase the number of professionals who can recommend its use and expand the allowed methods of consumption. The House also voted to allow cancer patients to have higher amounts of medical marijuana.
North Dakota’s first medical cannabis dispensary is set to open next week in Fargo, the Associated Press reported. Acreage Holdings will open a facility called The Botanist in Bismark.
In 2018, North Dakota voters rejected a marijuana legalization measure, which would have set no limit on the amount of the drug that people could possess or cultivate. Two years earlier, voters approved a separate measure allowing medical cannabis in the state.
North Dakota officials hope to have dispensaries up and running in the state’s eight major cities by fall.
Photo courtesy of Pixabay.
Marijuana Companies Urged Governor To Ban Cannabis Home Cultivation, Document Shows
New York Gov. Andrew Cuomo (D) took marijuana reform supporters by pleasant surprise when he endorsed legalization last year after previously calling cannabis a “gateway drug” that should remain prohibited. But for advocates, there was at least one major disappointment in store when he got around to revealing the details of his plan: the proposal, unveiled as part of his budget last month, would ultimately include a ban on home cultivation of recreational marijuana.
Home growing—seen by many as a commonsense policy that ensures access to cannabis for individuals who can’t afford retail prices, live too far from a dispensary or just want to flex their green thumbs—has been a feature of almost all legal adult-use marijuana systems operating in the U.S., with the exception of Washington State’s. So what’s behind the New York governor’s opposition to letting adults cultivate their own crops?
It could be that Cuomo took a page from the commercial cannabis industry. Literally.
Roughly a month before the governor announced the details of his legalization proposal, a New York-based marijuana business association—led by the executives of the state’s major licensed medical cannabis providers—sent a policy statement to Cuomo’s office in the interest of offering “some thoughts on various issues associated with a transition from medical to adult-use.”
One of those thoughts centered on the businesses’ desire to prevent consumers from growing their own marijuana.
Politico first reported the existence of the document, created by New York Medical Cannabis Industry Association (NYMCIA), in December. This month, Marijuana Moment obtained the full 29-page memo through a state freedom of information law request.
There are some broad recommendations that most legalization supporters would take no issue with, such as encouraging individuals from communities disproportionately impacted by prohibition to participate in the legal industry and leveraging partnerships to expand research into medical cannabis.
But a chapter titled “The Fallacy of Home Grow” makes very specific—and, in the eyes of advocates, misleading—arguments against allowing marijuana cultivation for personal use.
The group recognized that people want home cultivation because of “currently high prices of medical marijuana” or because they see it as an “individual civil liberty.” But according to NYMCIA, home cultivation “creates a significant public safety and black market risk.”
The industry organization listed five claims to support that argument:
1. Home grow will make it impossible for the state to eliminate the black market.
2. Home grow will make it impossible for law enforcement to distinguish between legal and illegal products, thus frustrating enforcement efforts.
3. Home grow will undermine the state’s harm reduction goal of ensuring that cannabis sold in New York State is grown without noxious pesticides or other contaminants.
4. Home grow will undermine the state’s public health interest in ensuring that cannabis sold in New York State is tested, packaged, and and labeled correctly.
5. Home grow will cost the state tax revenue, thus hindering the state’s ability to fund priorities such as drug abuse treatment and community investment.
Per that last point, it’s entirely reasonable to assume that New York state would miss out on some sales tax revenue if residents decided to grow their own plants. But the other side of that dilemma is that it’d likely mean missed profits for cannabis businesses, including those affiliated with NYMCIA.
“From our perspective, it’s really hard to see any real reason—other than individual and corporate greed—to be against home cultivation at this point,” Erik Altieri, executive director of NORML, told Marijuana Moment in a phone interview. “There’s not a lot of rational concerns when it comes to allowing a limited amount of plants for an individual to grow at home.”
Melissa Moore, New York deputy state director of the Drug Policy Alliance, also pushed back against NYMCIA’s claim that a home grow option would make eliminating the illicit market “impossible.”
It’s the “fallacy of ‘The Fallacy of Home Grow,'” as she put it. It would make more sense to attribute difficulties reducing illicit market sales to state tax rates on retail cannabis, she said in a phone interview.
“It’s really disingenuous to try to say that it would not be possible to eliminate the illicit market if we allow for home grow. That certainly hasn’t been the experience of other states that allow home grow.”
Moreover, NYMCIA’s position is not consistent with that of other marijuana industry groups such as the National Cannabis Industry Association (NCIA), which argues that allowing home growing can actually benefit businesses.
“NCIA does not oppose limited home cultivation,” Morgan Fox, media relations director at the group, said in an email. “In fact, it can act as an incubator for people to develop skills which can be used in the legal cannabis industry, which benefits businesses as well as individuals looking to enter the market. Much like home brewing has helped spur interest the craft beer market, limited home cannabis cultivation can do the same in legal states.”
Who is involved in NYMCIA and why do they want to ban home cultivation?
Marijuana companies Columbia Care, Etain, PharmaCann, The Botanist and Acreage NY, Vireo Health and MedMen were all listed as members of NYMCIA in the memo to Cuomo’s office. (MedMen later acquired PharmaCann, and more recently, NYMCIA urged MedMen to leave the association amid a controversy over racist remarks allegedly made by the company’s executives).
(A separate controversy previously enveloped Columbia Care, which owns dispensaries and grow facilities in multiple states, after its Massachusetts-based subsidiary, Patriot Care, was discovered to be advocating against letting certain people with past drug convictions work in the legal cannabis industry).
Acreage Holdings, a cannabis firm that Republican former U.S. House Speaker John Boehner joined as a board member, declined to comment for this story through a public relations firm that represents the company.
A MedMen spokesperson said in a statement to Marijuana Moment that it “respects the right of those who choose to cultivate cannabis for their personal use,” but did not respond to specific questions about the company’s involvement in drafting the policy statement that urged New York officials to continue prohibiting such activity.
Jeremy Unruh, director of public and regulatory affairs at PharmaCann, told Marijuana Moment that the document “was our industry association’s first go at formulating some broad policy positions” prior to meeting with the governor’s office and that the company’s “position on home grow is far more nuanced than a simple approve/oppose.”
“Those policy points you have are sound, but our positions have evolved (and will continue to do so) as we’ve had a chance to socialize these concepts” with other stakeholders, Unruh said. He argued that New York has superior quality control standards in place for medical cannabis and that while the company recognizes “the nature and value of civil liberty” of home cultivation, allowing it would pose public health risks.
But ultimately, “Our position is this: We support the governor’s homegrow proposal,” he wrote in an email.
While recommending that lawmakers ban personal cultivation of recreational marijuana, Cuomo did include a home grow option for medical cannabis patients in his budget plan.
(Full disclosure: Several members of the companies involved in NYMCIA support Marijuana Moment through monthly Patreon pledges, or have in the past.)
Cannabis reform advocates aren’t buying NYMCIA’s claims.
It is quite obvious that NYMCIA’s affiliates have a financial stake in the shape of whatever marijuana law eventually emerges from the New York legislature. And their opposition to a home grow option is a point of concern for advocacy groups.
“[T]o advocate against home cultivation given all we know about how it works in practice from the industry side really just is kind of despicable and illustrates their greed, that they’re willing to sacrifice individual freedoms for the slightest increase in their profits,” NORML’s Altieri said.
The association’s recommendation also runs counter to what Marijuana Moment was previously told by the vice president of corporate communications for Vireo Health, Albe Zakes.
Asked about the memo following the initial Politico report that only vaguely described the document, Zakes wrote in an email that “our CEO and COO assured me that we’ve never lobbied against home grow and in fact support home grow as part of larger legislation, as long as it is regulated and controlled in a responsible manner, the same way medical or recreational markets would be, in order to protect consumers.”
(Vireo CEO Aaron Hoffnung signed an Internal Revenue Service financial disclosure form for NYMCIA last year as one of the association’s directors.)
Marijuana Moment sent a follow-up request for comment after obtaining the policy statement through the public records request, but Zakes said the he was unable to reach the company’s executives and so Vireo would have to decline the opportunity for further comment.
Advocates question whether NYMCIA leveraged its influence for the right reasons.
Is the worry really that a home cultivation policy would sustain an illicit market or complicate law enforcement activities in New York? Are concerns about the public health impact genuine? Or is it that cannabis businesses want the entire market to themselves?
“We need to make sure that we have a check on the potential greed of the industry that we can already see in these early stages based on this advocacy document,” Altieri said. “We need to make sure that the market in New York not only begins to address all the harms caused by the war on cannabis but also is oriented toward the consumer and not large industry interests.”
“Banning home cultivation benefits no one but corporations and large industry groups.”
Despite Cuomo including the home grow ban in his proposal, it seems that advocates may get more time to voice their concerns about the policy. Some leading lawmakers such as Senate President Andrea Stewart-Cousins (D) are increasingly doubtful that marijuana reform will make it into the final state budget, meaning that negotiations on separate legalization legislation could end up resulting in a law that allows consumers to grow their own cannabis.
Marijuana Moment reached out to NYMCIA itself, Cuomo’s office, Etain and Columbia Care for comment, but representatives did not respond to multiple inquiries by the time of publication.
Read the full NYMCIA policy statement, including the section on home cultivation, below:
New York Medical Cannabis I… by on Scribd
Marijuana Legalization Bill Approved By Key New Hampshire House Committee
A New Hampshire House committee approved a bill to legalize and regulate marijuana in the state on Thursday.
The legislation, which would allow adults 21 and older to possess, purchase and gift up to one ounce of cannabis and grow up to six plants (three of which could be mature), cleared the House Criminal Justice and Public Safety Committee in a 10-9 vote.
A governor-appointed commission would be responsible for issuing licenses for marijuana cultivators, product manufacturers, testing facilities and retailers. Possession and home cultivation would be legal 60 days after the bill passes, and the first retail licenses would be issued in November 2020.
The bill also provides for the expungement of prior convictions for cannabis-related offenses that were made legal.
This is the first time that the committee has advanced such legislation, according to the Marijuana Policy Project (MPP). Last year, the panel rejected a similar proposal, but the full House voted to overturn that recommendation and then it passed an amended version of the bill that excluded commercial sales. It later died before making its way to the Senate, however.
While some committee members expressed reservations about the health impacts of marijuana and raised doubts about revenue from legal sales, others like Rep. Will Pearson (D) said such concerns are overblown and that the time to legalize “was yesterday—beyond yesterday.”
Pearson adds health effects of marijuana should not be related to alcohol, but rather compared with coffee and sugar.
Also says NH is behind curve. “The time to do this was yesterday – beyond yesterday.” #nhpolitics
— Ethan DeWitt (@edewittNH) February 21, 2019
“We applaud the committee for recognizing that marijuana prohibition is an outdated and increasingly unpopular policy that has failed to accomplish its public health and safety objectives,” Matt Simon, New England political director at MPP, said in a press release. “It’s time for New Hampshire to adopt a more sensible system in which cannabis is legal for adults 21 and older and regulated in order to protect consumers and the public.”
“We are very pleased that the committee tasked with overseeing criminal justice and public safety has recommended the passage of this legislation,” he said. “Passage of this bill would be terrible news for illicit drug dealers and good news for proponents of smarter, more effective drug policies.”
Gov. Chris Sununu (R) opposes legalizing cannabis, but House Speaker Steve Shurtleff has said he believes there are enough votes in his chamber, and perhaps also in the Senate, to override a potential veto.
Meanwhile, marijuana legislation is moving through legislatures all across the U.S.
Marijuana Moment is already tracking more than 700 cannabis bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
We followed more than 900 pieces of cannabis legislation in 2018. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
During the last week alone, a Vermont Senate committee approved a bill to allow cannabis sales, the West Virginia House passed a piece of marijuana banking legislation and a Missouri House committee cleared a bill to provide for the expungement of certain marijuana convictions. On Wednesday, North Dakota’s House narrowly rejected cannabis decriminalization legislation.
Photo courtesy of Brian Shamblen.