Voters in two states chose new governors on Tuesday. Both of those elections — as well as the results of a number of local races across the country — will have huge implications for efforts to legalize marijuana.
Here’s an overview of cannabis-specific ballot measures that voters approved, along with details on how the Democratic gubernatorial wins in New Jersey and Virginia will boost marijuana reform campaigns in those states.
New Jersey Governor-Elect Phil Murphy
Phil Murphy, the incoming governor, campaigned on marijuana legalization.
“The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana,” he said during his primary night victory speech. “And while there are financial benefits, this is overwhelmingly about doing what is right and just.”
This summer he tweeted, “NJ’s marijuana laws cost $143M/yr & come w a 3:1 racial disparity in arrests.”
With Murphy replacing vocal cannabis opponent Chris Christie (R) as governor, New Jersey is poised to potentially become the first state to allow legal recreational marijuana sales with an act of its legislature, as opposed to by voters through a ballot measure.
Senate President Stephen Sweeney (D) is “committed” to bringing up a legalization bill early in 2018. “We are going to have a new governor in January 2018,” he said. “As soon as the governor gets situated we are all here and we intend to move quickly on it.”
Virginia Governor-Elect Ralph Northam
Ralph Northam, who just got a raise from lieutenant governor to the state’s top job, made marijuana decriminalization a centerpiece of his campaign, often putting the issue in stark racial justice terms.
“We need to change sentencing laws that disproportionately hurt people of color. One of the best ways to do this is to decriminalize marijuana,” he wrote in a blog post. “African Americans are 2.8 times more likely to be arrested for marijuana possession in Virginia. The Commonwealth spends more than $67 million on marijuana enforcement — money that could be better spent on rehabilitation.”
Northam also sent a letter to the Virginia State Crime Commission, which is conducting a review of the effects of potential decriminalization. “Virginia spends $67 million on marijuana enforcement – enough to open up another 13,000 pre-K spots for children,” he wrote. “African Americans are nearly 3 times as likely to get arrested for simple possession of marijuana and sentencing guidelines that include jail time can all too often begin a dangerous cycle of recidivism.”
GOP Senate Majority Leader Tommy Norment has already announced he will introduce legislation next year to decriminalize first-time marijuana possession offenses.
Also on Tuesday, Democrats picked up a large number of seats in the House of Delegates, which likely bodes well for Northam’s efforts to pass cannabis reform bills. Still-pending results in a handful of House of Delegates races could flip the chamber to Democratic control altogether.
Northam has also spoken in favor of expanding the state’s limited medical cannabis law and allowing industrial hemp.
Athens, Ohio, Marijuana Ordinance
Voters in the college town overwhelmingly approved a measure to completely eliminate fines and court costs for possessing and cultivating up to 200 grams of marijuana, a move that advocates believe will significantly disincentivize police from making low-level cannabis arrests. The result was 77 percent to 23 percent.
Last year, similar depenalization measures were passed in several other Ohio cities. Together, the results increase pressure on state lawmakers to more seriously consider further reform’s to overarching marijuana prohibition laws following last year’s passage of medical cannabis legislation.
Philadelphia District Attorney
Lawrence Krasner, the incoming top prosecutor, is a vocal criminal justice reform advocate who has made bold statements about cannabis enforcement.
“One of the things we see in other jurisdictions is that, where marijuana is readily available, there’s a 25 percent reduction in opiate/opioid overdose deaths,” he said this year. “So if Philadelphia is looking at 500 opiate/opioid overdose deaths a year, a district attorney, by choosing not to enforce against marijuana usage, can potentially save 125 lives. That’s what a district attorney should exercise his or her discretion to do.”
Detroit Medical Cannabis Propositions
Voters in Wayne County strongly approved two ballot measures that will allow medical cannabis business to operate in more areas and to stay open longer.
Advocates appear likely to place a full marijuana legalization measure on Michigan’s 2018 statewide ballot, and Detroit’s strong show of support for cannabis commerce bodes well for that broader effort.
New York Constitutional Convention Proposal
Voters resoundingly rejected a ballot proposition to convene a constitutional convention that some advocates hoped would provide a pathway toward marijuana legalization. Others remained skeptical of the multi-step plan to first pass the proposition and then elect anti-prohibition delegates in 2018, lobby the convention to approve a cannabis amendment and then ask voters to pass that on the ballot.
Now, advocates will focus their efforts on convincing the state legislature to pass legislation legalizing marijuana.
Look Ahead To 2018
Overall, Tuesday’s election results were extremely positive for marijuana reformers.
Next year, advocates are likely to qualify medical cannabis ballot measure in at least three states — Missouri, Oklahoma and Utah. Meanwhile, Michigan voters will probably decide on a full marijuana legalization measure.
And Murphy’s New Jersey will race Vermont and a handful of other states to become the first to end cannabis prohibition through legislators’ actions.
For now, it’s clear that marijuana just won the election.
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.”
Colorado Governor And USDA Official To Discuss CBD At Hemp Event
Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.
The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”
Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.
This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.
Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”
Longtime hemp industry supporter, former U.S. Congressman and current Colorado Governor Jared Polis to present at AHPA Hemp-CBD Supplement Congress — https://t.co/2wPOcvdkHr — #supplement #cbd #hemp #hempindustry @GovofCO pic.twitter.com/tYhqj8HFlx
— AHPA (@AHPAssociation) July 10, 2019
“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.
AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.
But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.
Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.
In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.
Marijuana Legalization Could Be On The Horizon For British Virgin Islands
The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.
Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.
“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”
He added that he hoped the legislation would make BVI a global model for legalization.
“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.
The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.
“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”
BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.
The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.
“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”
“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”
Photo courtesy of Philip Steffan.