South Dakota’s attorney general filed an official explanation of a proposed ballot measure to legalize marijuana on Friday.
While separate organizations are working to get a medical cannabis-focused initiative on the state’s 2020 ballot, activists behind this measure are hoping to incorporate recreational legalization, medical marijuana reform and hemp into one package.
Adult-use legalization would be accomplished through a constitutional amendment under the initiative, which would separately require the legislature to pass legislation creating rules for medical cannabis and hemp.
South Dakota Attorney General releases explanation on proposed constitutional amendment to legalize, regulate, and tax marijuana; to require passage of laws regarding hemp as well as laws regarding marijuana for medical use. Read it here: https://t.co/k33buSKjIJ pic.twitter.com/pEG0RxbDj9
— SD Attorney General (@SDAttorneyGen) August 16, 2019
“The constitutional amendment legalizes the possession, use, transport, and distribution of marijuana and marijuana paraphernalia by people age 21 and older. Individuals may possess or distribute one ounce or less of marijuana,” Attorney General Jason Ravnsborg (R) wrote. “Marijuana plants and marijuana produced from those plants may also be possessed under certain conditions.”
The South Dakota Department of Revenue would be responsible for issuing licenses for cannabis cultivators, manufacturers, testing facilities and retailers. Individual jurisdictions would be able to opt out of allowing such facilities in their areas.
“The Department must enact rules to implement and enforce this amendment,” the explanation states. “The amendment requires the Legislature to pass laws regarding medical use of marijuana. The amendment does not legalize hemp; it requires the Legislature to pass laws regulating the cultivation, processing, and sale of hemp.”
The initiative calls for a 15 percent excise tax on marijuana sales. That revenue would be used to fund the Department of Revenue’s implementation and regulation of the legal cannabis system, with remaining tax dollars going toward public education and the state general fund.
Ravnsborg said that judicial clarification of the amendment “may be necessary” and notes that marijuana “remains illegal under Federal law.”
The attorney general issued a similar explanation of a proposed constitutional amendment to legalize medical cannabis earlier this month.
This latest move comes one day after advocacy organization New Approach South Dakota announced that their medical marijuana initiative was certified, enabling them to begin the signature gathering process.
Several other cannabis initiatives are in the process of being certified in the state, according to the attorney general’s website. In order to place constitutional amendments on the ballot, activists must collect 33,921 valid signatures from voters.
South Dakota is one of the last remaining states in the U.S. that has not legalized marijuana for any purposes.
Photo courtesy of Brian Shamblen.
Border Patrol Union Head Admits Legalizing Marijuana Forces Cartels Out Of The Market
The head of the labor union that represents U.S. Border Patrol agents acknowledged on Friday that states that legalize marijuana are disrupting cartel activity.
While National Border Patrol Council President Brandon Judd was attempting to downplay the impact of legalization, he seemed to inadvertently make a case for the regulation all illicit drugs by arguing that cartels move away from smuggling cannabis and on to other substances when states legalize.
Judd made the remarks during an appearance on C-SPAN’s Washington Journal, where a caller said that “the states that have legalized marijuana have done more damage to the cartels than the [Drug Enforcement Administration] could ever think about doing.”
“As far as drugs go, all we do is we enforce the laws. We don’t determine what those laws are,” Judd, who is scheduled to meet with President Trump on Friday, replied. “If Congress determines that marijuana is going to be legal, then we’re not going to seize marijuana.”
“But what I will tell you is when he points out that certain states have legalized marijuana, all the cartels do is they just transition to another drug that creates more profit,” he said. “Even if you legalize marijuana, it doesn’t mean that drugs are going to stop. They’re just going to go and start smuggling the opioids, the fentanyl.”
One potential solution that Judd didn’t raise would be to legalize those other drugs to continue to remove the profit motive for cartels. Former presidential candidate Andrew Yang made a similar argument in December.
Federal data on Border Patrol drug seizures seems to substantiate the idea that cannabis legalization at the state level has reduced demand for the product from the illicit market. According to a 2018 report from the Cato Institute, these substantial declines are attributable to state-level cannabis reform efforts, which “has significantly undercut marijuana smuggling.”
Additionally, legalization seems to be helping to reduce federal marijuana trafficking prosecutions, with reports showing decreases of such cases year over year since states regulated markets have come online.
In his annual report last year, Supreme Court Chief Justice John Roberts also noted reduced federal marijuana prosecutions—another indication that the market for illegally sourced marijuana is drying up as more adults consumers are able to buy the product in legal stores.
Mike Bloomberg Attacks Marijuana Legalization In Controversial Resurfaced Recording
Before Mike Bloomberg launched his 2020 Democratic presidential bid, he really wasn’t shy about his disdain for marijuana legalization.
The former New York City mayor has been widely criticized this week after a recording surfaced of him defending controversial stop-and-frisk practices and racially disparate marijuana arrests during a 2015 Aspen Institute speech. But while that short clip went viral on social media, the full audio recording from the event also features Bloomberg condemning cannabis legalization efforts at length.
Asked by an audience member about his thoughts on Colorado’s decision to end marijuana prohibition, Bloomberg said, “I think it is just a terrible, terrible idea.”
Some of the remarks from the talk were previously reported by The Aspen Times, such as when Bloomberg asserted that marijuana use is associated with reduced IQ among young people—something President Trump also said in a recently revealed secret recording.
“What are we going to say in 10 years when we see all these kids whose IQs are 5 and 10 points lower than they would have been?” Bloomberg told the Aspen audience. “Kids’ brains are being formed while they are teenagers.
But much of his anti-cannabis commentary from the talk has not been reported until now.
“If you’re my age, of course you smoked a joint in the 60s—but it was very different and just because we did doesn’t make it right,” the former mayor, who has previously acknowledged his own past marijuana consumption, said. “It was not easily accessible compared to today. Today it’s much stronger and potentially much more damaging.”
Listen to Bloomberg’s anti-marijuana remarks below:
“We are making progress in reducing smoking. We are making progress in reducing obesity and diabetes. We are making progress in reducing automobile deaths and a variety of other things,” he said. But cannabis reform is going in “exactly in the other direction.”
Bloomberg also disparaged the idea that a regulated market can prevent youth from accessing cannabis, stating that “even if you have a law that says we’re not going to sell it to them, let’s get serious: if there’s more of it around, they’re going to get it.”
“I just can’t imagine why society is doing this,” he said. “I couldn’t feel more strongly about it, and my girlfriend says it’s no different than alcohol. It is different than alcohol. This is one of the stupider things that’s happening across our country.”
Erik Altieri, executive director of NORML, told Marijuana Moment that the newly revealed remarks show just how much work Bloomberg has ahead of him if he intends to reform his image as a tough-on-crime, anti-cannabis candidate.
“Bloomberg and his wealthy friends may be able to sit around and joke about how he was able to smoke a joint in the 60’s and be just fine, but that is cold comfort to the over 440,000 Americans who were put in handcuffs for marijuana possession in New York City during his tenure as mayor,” Altieri said. “He is painfully ignorant and out of touch with sound public policy and basic scientific facts.”
“If he expects voters to treat him as anything other than an awful relic of a bygone drug war era he needs to correct himself on marijuana law reform issues immediately and somehow attempt to make amends for the countless lives he had a role in ruining,” he said. “Unfortunately, given the number of other candidates vying for the presidency who are leaps and bounds ahead of him on this, that still might be too little too late for his self-funded presidential aspirations.”
Bloomberg has been sharply rebuked this week over a different clip from the same 2015 recording where he defended the use of stop-and-frisk policing that disproportionately impacted communities of color.
An “unintended consequence” of targeting policing in those communities, he said, is that “people say, ‘oh my god, you are arresting kids for marijuana that are all minorities.’”
“Yes, that’s true. Why? Because we put all the cops in minority neighborhoods,” he said. “Yes, that’s true. Why do we do it? Because that’s where all the crime is.”
Bloomberg has taken steps since launching his campaign to pivot away from his reputation as anti-reform, voicing support for decriminalizing cannabis possession and allowing states to set their own policies.
But he continues to oppose cannabis legalization, and his past comments haven’t been forgotten. A Denver-based reporter brought up the candidate’s 2019 statement that legalization is “perhaps the stupidest thing anybody has ever done” and asked whether that meant he felt Colorado voters were stupid for approving the policy change.
“Colorado has a right to do what they want to do,” he replied. “I would advise going slowly to any other state because it’s not clear, doctors aren’t sure whether or not it’s doing damage. But if a state wants to do it, and Colorado and Washington were the first two that did it, that’s up to the state.”
“But what I really object to is putting people in jail for marijuana,” he added. “That’s really dumb.”
Bloomberg and former Vice President Joe Biden are the only two Democratic candidates in the 2020 race who oppose federally legalizing cannabis.
Bipartisan Lawmakers Ask Colleagues To Cosponsor Medical Marijuana Research Bill For Veterans
A bipartisan duo of lawmakers sent a letter to fellow members of the House this week, asking for additional cosponsors on a bill to promote research into the therapeutic potential of marijuana for veterans.
Reps. Lou Correa (D-CA) and Clay Higgins (R-LA) cited a survey from the advocacy group Iraq and Afghanistan Veterans of America (IAVA) that showed 83 percent of its members support medical cannabis legalization and 90 percent are in favor of researching medical marijuana.
“Therefore, medical research into the safety and efficacy of cannabis usage for medical purposes is timely, necessary, and widely supported by the veteran community,” the lawmakers, who are the sponsors of the VA Medicinal Cannabis Research Act, wrote in the Wednesday letter.
Thank you @RepLouCorrea and @RepClayHiggins for continuing to push the VA Medicinal Cannabis Research Act. Thanks for asking Members of Congress to co-sponsor this important legislation and highlighting #IAVA's work in your letter! #CannabisForVets pic.twitter.com/loHHQmaKAj
— IAVA (@iava) February 13, 2020
That legislation currently has 102 cosponsors—representing nearly one-forth of the House’s membership. It would require the U.S. Department of Veterans Affairs (VA) to conduct double-blind clinical trials on the safety and effectiveness of various forms of marijuana in the treatment of post-traumatic stress disorder and chronic pain.
“Congress made great progress in reforming our cannabis laws in 2019, proving that Americans are ready for change. Veterans deserve to be a part of this change and have their medical needs taken seriously by the Department of Veterans Affairs,” Correa told Marijuana Moment. “My bill puts veterans’ health front and center. With over 100 bipartisan co-sponsors, it’s time to move the Medicinal Cannabis Research Act and take care of our vets.”
After the bill’s introduction last year, the House Veterans’ Affairs Subcommittee On Health and the full panel held hearings on the issue, but it has not received a vote yet. During the subcommittee meeting, VA officials voiced opposition to the proposal, arguing that the scope of its research requirements is too large.
“As many veterans are currently using cannabis for medicinal purposes, it is important that clinicians be able to fully advise veterans on the potential impacts, harms, and benefits of cannabis use on post-traumatic stress disorder (PTSD) and chronic pain,” the letter from Correa and Higgins states.
The bill would also “authorize a long-term observation study of participating veterans,” require the VA to “preserve all data collected or used and require the department to submit reports on the implementation of the legislation annually for five years.
Photo courtesy of WeedPornDaily.