With lawmakers in Maryland preparing to consider marijuana legalization during next year’s legislative session, this week a lead proponent in the House of Delegates unveiled an early outline of what the state’s legal cannabis system could look like.
Del. Jazz Lewis (D), who prefiled the legalization bill, shared a draft of the legislation with Marijuana Moment on Tuesday. While his office said it’s “still working on the bill” and that “things are subject to change,” Lewis’s current plan would legalize and regulate the cannabis, allow for sales by state-licensed businesses, expunge past convictions and establish a social equity program meant to reinvest in communities hit hardest by the war on drugs.
In a statement to Marijuana Moment, Lewis said he introduced the legislation, HB0032, “because we have the data and popular opinion on our side to end prohibition.”
It is time that Maryland has a reasonable and responsible cannabis policy, and that means legalization. The prohibition on the responsible use of cannabis has done exponentially more harm than good, and has devastated communities with a heavy-handed and unfair drug policy. pic.twitter.com/p5PddQgzjt
— Delegate Jazz Lewis (@JazzforMaryland) December 22, 2020
“States that have legalized have seen a decline in teen usage due to disruptions of the illicit market,” Lewis said. “Law enforcement has mostly stated they would rather go after actual criminals than young people who shouldn’t be involved with the justice system.”
“We can and should do better,” the lawmaker continued. “We allow for the expungement of records, creating social equity businesses to include minorities and the formerly incarcerated, and we dedicate resources to revitalizing disconnected communities. The time for restoring communities and ending prohibition is now.”
The bill’s language wasn’t previously available to the public even though Lewis pre-filed it in October, according to a representative from the state’s Department of Legislative Services. “Pre-filed legislation is considered confidential until it starts to appear on the website,” that person said.
Maryland’s legislative session begins January 13, and Lewis’s legalization legislation is set for a procedural first reading that day in both the Judiciary and Health and Government Operations committees.
Under the draft legislation provided to Marijuana Moment by the delegate’s office, adults 21 and older would be able to possess up to two ounces of cannabis or 15 grams of concentrate. Possession of other THC-infused products would be limited to 1,500 milligrams of total THC. Possession of more than that—up to two times the proposed limit—would be punishable by civil fine of up to $250 or up to 16 hours of community service.
Adults would also be able to grow cannabis at home for personal use, with individuals permitted to cultivate up to six plants in a location not visible from outside the property and not accessible to minors. Adults could also legally share cannabis with other adults or gift small amounts of marijuana.
Smoking cannabis in public would carry a civil fine of up to $50, though individuals could instead perform up to five hours of community service.
Landlords could prohibit tenants from smoking inside or consuming marijuana in a manner that creates an odor that disturbs other tenants, and employers would be able to fire employees for being under the influence of cannabis at work.
Legalization would also trigger automatic expungements of “standalone cannabis offenses” by October 2022. Offenses that were part of a case with other charges will be expunged by October 2023. People currently jailed or under government supervision for simple cannabis possession would be released under the proposal.
“The next step in any policy is making sure you help as many people as possible without harming others,” Lewis said. “Our bill does that as well.”
On the commercial side, Lewis’s bill would allow private cannabis retailers and delivery services. Individual municipalities could ban cannabis businesses, but they would not be able to prohibit deliveries.
Marijuana products would be subject to a 20 percent tax on the retail price in addition to Maryland’s six percent sales tax. Local governments could also impose a tax of up to three percent within their jurisdictions.
Much of the state revenue would be directed to undoing the negative consequences of the drug war, which have fallen disproportionately on racial minorities, specifically Black and Latino communities.
More than a quarter (27 percent) of revenue from taxes and fees would go to a Community Reinvestment and Repair Fund “to serve communities impacted by poverty, mass incarceration, or racism via grants to organizations utilizing evidence-proven and evaluated tactics to address these challenges,” according to a summary of the bill. Another 20 percent would go to the state’s four historically Black colleges and universities, while smaller amounts would go to zero-interest loans to social equity applicants (10 percent) and technical assistance for those applicants (three percent).
Portions of state revenue would also go to drug treatment and prevention programs (seven percent), public education about drug risks (two percent), cannabis research (two percent) and training law enforcement to recognize impaired driving (up to 1 percent).
Another quarter of all revenue would go to the state’s general fund.
As for business licensing, the proposal would prioritize diversity and inclusion by providing that only social equity applicants would be able to apply for delivery licenses. Retail licenses would be granted more broadly, but social equity applicants would be awarded extra points in the state’s application scoring process.
The bill would not set any limits on the number of cannabis businesses in the state, but only 200 retail licenses would be given out per licensed medical dispensary in the state. More retailers could be licensed later if necessary.
Advocates have cheered Lewis’s introduction of the bill, expressing optimism that some form of cannabis legalization could become law next year.
“We applaud Del. Lewis for his leadership to craft a legalization bill that is rooted in reparative justice, equity, and inclusion,” Karen O’Keefe, Marijuana Policy Project’s director of state policies, told Marijuana Moment on Tuesday. “It would release cannabis prisoners, expunge past convictions, reinvest in communities hardest hit by the war on drugs, train Marylanders for good jobs in cannabis, and create an industry that benefits disproportionately impacted communities.”
“We are working with a coalition of organizations that are committed to legalizing marijuana in Maryland, and to getting legalization right,” she added, “and we hope to get this bill past the finish line in 2021.”
Maryland legalized medical marijuana through an act of the legislature in 2012, and a decriminalization law took effect in 2014 that replaced criminal penalties for possession of less than 10 grams with a civil fine of $100 to $500. But since then a number of efforts to further marijuana reform have fallen short. A bill earlier this year to expand the possession threshold to an ounce of marijuana passed the House earlier this year but was never taken up in the Senate.
In May, Gov. Larry Hogan (R) vetoed a bill that would have shielded people with low-level cannabis convictions from having their records publicized on a state database. In a veto statement, he said it was because lawmakers failed to pass a separate, non-cannabis measure aimed at addressing violent crime.
Hogan has hesitated to take a strong stand on marijuana in the past, though he’s signaled openness to the idea. In 2017, he declined to respond to a question about whether voters should be able to decide the issue, but by mid-2018 he had signed a bill to expand the state’s medical marijuana system and said full legalization was worth considering: “At this point, I think it’s worth taking a look at,” he said at the time.
It’s possible the governor will become even more open to the popular issue of cannabis legalization as he considers a potential 2024 presidential bid.
As for Maryland lawmakers, a House committee in March of last year held hearings on two bills that would have legalized marijuana. While those proposals didn’t pass, they encouraged many hesitant lawmakers to begin seriously considering the change.
Del. Vanessa Atterbeary (D), then the vice chair of the House Judiciary Committee, said during those hearings that she had been “fundamentally opposed” to legalization in previous years but was increasingly “in the mindset that it’s been growing on me.”
Voters in nearby New Jersey, meanwhile, legalized marijuana for adults during last month’s general election. Lawmakers there last week sent an enabling bill to the governor to establish a framework for legal sales.
Meanwhile, top officials in neighboring Virginia are gearing up for a marijuana legalization push in 2021, with the governor including funds in his annual budget proposal to set the stage for eventual implementation.
Read the full Maryland marijuana legalization bill and a summary below:
Photo courtesy of M a n u e l
Activists Push D.C. Lawmakers To Decriminalize Drugs And Promote Harm Reduction With New Campaign
Activists in Washington, D.C. on Thursday launched a new campaign to urge local lawmakers to broadly decriminalize drugs, with a focus on expanding treatment resources and harm reduction services.
DecrimPovertyDC—a coalition of advocacy groups like the Drug Policy Alliance (DPA) and Students for Sensible Drug Policy—will be imploring the District Council to take up the cause, and members have already met with the offices of each legislator and have gotten a generally positive reception.
Today, @DrugPolicyOrg, @HIPS, @Defund_MPD & over 40 civil rights, justice reform, public health, & faith groups join forces to launch the #DecrimPovertyDC campaign. We are urging for @councilofdc to treat drug use like a public health issue. Learn more: https://t.co/KFXc7su9Pu pic.twitter.com/TwWACpAsUU
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
“Through ongoing advocacy, we aim to replace carceral systems with harm reduction-oriented systems of care that promote the dignity, autonomy, and health of people who use drugs, sex workers, and other criminalized populations,” the campaign site says.
People of color are disproportionately impacted by drug criminalization, and the group said the impact “extends far beyond the criminal legal system, as people face an array of punishments in employment, housing, education, immigration, child welfare, and public benefits—all of which can trap people in poverty.”
An outline of the legislative proposal starts with drug decriminalization. People who possess small amounts of controlled substances would face no criminal or civil penalties. An independent commission would decide what the possession limit should be, and those who possess more than that amount would face a $50 fine, which could be waived if the person completes a health assessment.
Further, the mayor would be required to establish a harm reduction center where people could receive treatment resources and access sterile needles. The legislation allows for the creation of a safe consumption site within the center where people could use illicit drugs in a medically supervised environment.
That could prove challenging, however, as the U.S. Supreme Court recently rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment. An attempt to create such a facility in Philadelphia was blocked under the Trump administration and is now pending further action in a lower federal court.
The D.C. initiative, which is also being supported by AIDS United, Defund MPD, Honoring Individual Power and Strength (HIPS) and dozens of other groups, would also make it so the health department would need to provide a drug testing service so people could screen products for contaminants or other hazardous compounds.
In 2020, 511 people fatally overdosed in the District; over 94,000 people died from accidental overdose nationally. We are in a state of emergency directly caused by criminalization and other inhumane drug policies. #DecrimPovertyDC pic.twitter.com/9stWKb1nYG
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
Another provision activists are pushing for would work to repair the harms of criminalization, in part by requiring the courts to “identify and vacate convictions for offenses decriminalized by this bill.” They would also need to find and vacate cases related to drug paraphernalia, which was decriminalized last year under separate legislation.
Queen Adesuyi, policy manager of national affairs at DPA, told Marijuana Moment that the campaign’s branding and scope is “intentionally broad to address poverty more generally, because in D.C. the drug war does disproportionately impact under-resourced communities in addition to black communities.”
“We wanted to build out our campaign to paint the full picture of the drug war’s harms locally in the District,” she said, adding that the coalition will be poised to “support other efforts that are also working to minimize state-based harm against vulnerable communities in D.C.”
At this point, the drug decriminalization measure has not been introduced in the D.C. Council, but activists are encouraged by early conversations with local lawmakers. The intent is to build on drug policy progress such as paraphernalia decriminalization, which was championed by key players like the chairman of the Council’s Judiciary Committee.
The push in the nation’s capital follows advocates’ success in advancing decriminalization in other parts of the country.
Oregon voters approved a historic initiative to decriminalize drug possession last year, and multiple jurisdictions across the U.S. are now exploring similar policy changes.
Last month, Massachusetts lawmakers heard testimony on separate proposals to decriminalize drug possession and establish a pilot program for safe injection facilities. A safe consumption site bill advanced through a legislative committee in the state in May.
The Maine Senate this summer defeated a bill that would have decriminalized possession of all currently illicit drugs.
Rhode Island’s governor signed a bill in July to create a pilot program legalizing safe consumption sites.
Congressionally, a first-of-its-kind bill to decriminalize drug possession at the federal level was introduced this session.
There’s a sense of urgency to get this reform in D.C. enacted, as the coronavirus pandemic has seemed to contribute to record-high drug overdose deaths in the country. Adesuyi said “the last year really has made it so we just can’t wait any more.”
Meanwhile, advocates have renewed hope that D.C. could soon move to legalize the sale of adult-use marijuana.
The District has been prevented from doing so despite legalizing cannabis in 2014 because it’s been bound by a congressional spending bill rider prohibiting the use of local tax dollars for that purpose. But with majorities in both chambers this session, Democratic appropriators have excluded that prohibitive language in the most recent spending measures—so D.C. would be empowered to finally enact a regulated market.
The mayor of D.C. said in April that local officials are prepared to move forward with implementing a legal system of recreational marijuana sales in the nation’s capital just as soon as they can get over the final “hurdle” of congressional interference.
Mayor Muriel Bowser (D) introduced a cannabis commerce bill in February—and members of the District Council are considering that, as well as a separate proposal put forward by Chairman Phil Mendelson (D).
A hearing on the latter bill is scheduled for next month the Committee of the Whole, the Committee on the Judiciary & Public Safety & the Committee on Business & Economic Development.
Fourth Massachusetts City Approves Psychedelics Reform As Movement Grows
A fourth Massachusetts city has enacted a psychedelics policy change, with members of the Easthampton City Council voting on Wednesday in favor of a resolution urging the decriminalization of certain entheogenic substances and other drugs.
The measure, introduced by Council Member At-Large Owen Zaret (D), passed in a 7-0 vote, with two abstentions, on Wednesday night.
“I’m grateful to the Council for being so forward thinking about a cutting edge topic,” Zaret told Marijuana Moment after the vote. “There were some hard concepts to undo for some of us. This is a step forward to helping people have access to effective therapies and also halting unnecessary arrests and incarceration.”
While the resolution is non-binding and doesn’t require police to deprioritize enforcement of laws prohibiting psychedelics—as has been the case in other cities across the U.S.—it represents an important first step and sends a clear message to local law enforcement that members are ready to depart from the status quo of criminalization.
It’s not just about psychedelics, either. The legislation says the Council “maintains that the use and possession of all controlled substances should be understood first and primarily as an issue of public health by city departments, agencies, boards, commissions, and all employees of the city.”
Lawmakers also recommended that “it should be policy of the City of Easthampton that the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances, shall be amongst the lowest law enforcement priority for the City of Easthampton.”
Zaret told Marijuana Moment in a recent phone interview that substance misuse is a “public health issue, it’s not a criminal issue.”
“We need to start a really aggressive campaign to, A) highlight the fact that this is a public health issue and, B) be more be more aggressive about how we’re treating that,” he said. “There are multiple angles to do that,” and psychedelics represent one possible solution.
This action comes months after the neighboring Northampton City Council passed a resolution stipulating that no government or police funds should be used to enforce laws criminalizing people for using or possessing entheogenic plants and fungi. Elsewhere in Massachusetts, Somerville and Cambridge have also moved to effectively decriminalize psychedelics.
The local measures express support for two bills introduced in the state legislature this year. One would remove criminal penalties for possession of all currently illicit drugs and the other would establish a task force to study entheogenic substances with the eventual goal of legalizing and regulating the them.
“This is a victory for the health and safety of our communities,” the advocacy group Bay Staters for Natural Medicine, which has been working with local lawmakers in Massachusetts to pass the resolutions, said in an Instagram post after the most recent vote. “These medicines will revolutionize the field of mental health, and this is a step toward a community model that puts people over profit. This signals to our state lawmakers we will not tolerate an over-regulated purely clinical model that makes these medicines unaffordable for working class people.”
While Massachusetts is proving to be a focal point of psychedelics reform, it’s far from the only place where activists are gaining ground.
For example, Seattle’s City Council approved a resolution earlier this month to decriminalize noncommercial activity around a wide range of psychedelic substances, including the cultivation and sharing of psilocybin mushrooms, ayahuasca, ibogaine and non-peyote-derived mescaline.
In Michigan, the Grand Rapids City Council approved a resolution last month calling for decriminalization of a wide range of psychedelics.
Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month.
After Ann Arbor legislators passed that decriminalization resolution last year, the Washtenaw County prosecutor announced that his office will not be pursuing charges over possessing entheogenic plants and fungi, “regardless of the amount at issue.”
A local proposal to decriminalize various psychedelics will also appear on Detroit’s November ballot.
At the same time that local activists are pursuing decriminalization, a pair of Michigan senators introduced a bill last month to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.
Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy 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.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
A bill to legalize psychedelics in California advanced through the Senate and two Assembly committees this year before being pulled by the sponsor to buy more time to generate support among lawmakers. The plan is to take up the reform during next year’s second half of the legislative session, and the senator behind the measure says he’s confident it will pass.
California activists were separately cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.
The top Democrat in the Florida Senate filed a bill last month that would require the state to research the medical benefits of psychedelics such as psilocybin and MDMA.
Earlier this year, Texas enacted a law directing state officials to study psychedelics’ medical value.
The governor of Connecticut signed a bill in June that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.
Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.
Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.
A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.
In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics. Activists in the city are also hoping to expand upon the local decriminalization ordinance by creating a community-based model through which people could legally purchase entheogenic substances from local producers.
Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.
In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.
Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.
There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee last month.
NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.
An official with the U.S. Department of Veterans Affairs also said at a recent congressional hearing that the agency is “very closely” following research into the potential therapeutic benefits of psychedelics like MDMA for military veterans.
For what it’s worth, Rep. Earl Blumenauer (D-OR), a longstanding champion of marijuana reform in Congress, said this month that he intends to help bring the psychedelics reform movement to Capitol Hill “this year.”
In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.
Photo courtesy of Dick Culbert.
USPS Releases Final Rule Banning Mailing Of Hemp, CBD And Marijuana Vapes
The U.S. Postal Service (USPS) on Wednesday released its final rule on the mailability of vapes, asserting that even devices designed for federally legal hemp derivatives like CBD generally cannot be shipped through the U.S. mail.
The agency has been developing the regulations to comply with a bill passed by Congress last year that is mostly aimed at stopping nicotine vaping devices from being mailed—though it has broader implications. Despite significant public comment on an earlier proposed version of the rules that urged USPS not to interpret the law in a way that restricts hemp businesses, the agency ultimately said that cannabis vapes fit the definition of what lawmakers moved to ban.
There are some exceptions, but stakeholders are disappointed by the final rule.
During public comment, some argued that the bill was specifically meant to restrict mailing of nicotine-based vapes. But while the legislation refers to limitations on “electronic nicotine delivery systems,” or ENDS, it defines that term as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.” (Italicized emphasis added.)
USPS explained in the rule, which is set to be published in the Federal Register on Thursday, that by the letter of the law, that includes hemp and marijuana vapes.
“It goes without saying that marijuana, hemp, and their derivatives are substances,” the agency said. “Hence, to the extent that they may be delivered to an inhaling user through an aerosolized solution, they and the related delivery systems, parts, components, liquids, and accessories clearly fall within the [Preventing Online Sales of E-Cigarettes to Children Act’s] scope.”
Other commenters argued that USPS shouldn’t impose the restriction on cannabis products because the ban could conflict with state or local marijuana laws—or because Congress has approved spending legislation that prohibits the use of Justice Department funds for interfering in state-legal medical cannabis programs.
USPS said those arguments are not valid because, 1) it’s part of the federal government and is, therefore, unaffected by state or local marijuana policies and 2) it’s not part of the Justice Department, which is the only branch of the government restricted by the state protection rider in appropriations legislation.
The agency further clarified that hemp containing up to 0.3 percent THC is federally legal and is generally mailable, but only “to the extent that they are not incorporated into an ENDS product or function as a component of one.” As such, while business can generally mail out legal hemp-derived products, that’s only the case if they are not vaping products covered under the new law.
“The POSECCA and the Agriculture Improvement Act overlap, but they do not conflict. The Agriculture Improvement Act merely excludes certain products from the CSA. It does not affirmatively declare hemp and hemp derivatives to be mailable in any and all circumstances, superseding all other relevant laws (such as the POSECCA). For its part, the POSECCA restricts the mailability of only certain hemp-based and related products; hemp-based non-ENDS products are unaffected, as are ENDS products falling within one of the PACT Act’s exceptions. That Congress has rendered some subset of a class of goods to be nonmailable while leaving the remainder mailable is not some sort of legal conflict, but, rather, how mailability regulation typically works.”
There are limited exceptions to the new mailing rule. Vapes can be shipped within the states of Alaska and Hawaii; verified businesses can mail vapes between each other or to government agencies; companies can send products for consumer testing or public health purposes; and individuals can ship up to 10 ENDS for non-commercial use per 30-day period. Beyond that, it is generally prohibited for a company to send a vaping device to a consumer via U.S. mail.
Some commenters argued that CBD products could fall under the health exemption to the general ban, but USPS said that would not apply unless and until the Food and Drug Administration (FDA) approves any such products.
“The FDA likewise has not approved any ENDS product for therapeutic delivery of any non-nicotine substance, including, in particular, CBD or other substances derived from marijuana. Once again, except for hemp-derived CBD containing no more than 0.3 percent THC by dry weight, cannabis and cannabis derivatives remain nonmailable under the Controlled Substances Act regardless of the POSECCA and notwithstanding any State or local laws on ‘medical’ marijuana… Far from taking marketing claims of therapeutic benefit at face value, the FDA has undertaken enforcement action against companies making such claims about CBD and other cannabis-related products absent new drug approvals from the FDA.”
Vaping advocates say the final USPS rules confirm concerns they have long voiced as Congress considered enacting the ban.
“USPS never asked Congress to hand them a new unfunded mandate. The reality is Congress set the overly expansive language and USPS was and is statutorily obliged to apply the law as they wrote it,” Gregory Conley, president of the American Vaping Association, told Marijuana Moment. “Since we anticipate it will take the USPS months or years to move businesses through the application process to allow B2B sales, further supply chain issues among independents will likely follow.”
“Of course, there remains an open question around how vigorously the law will be enforced, particularly around products that lack state or federal excise taxes,” he said. “Punishments for violating the law can be swift and severe, so retailers should think carefully about trading a short-term buck for potential legal troubles before a federal judge.”
By preventing vape manufacturers and retailers from utilizing USPS to ship their goods, the regulations will effectively force them to use more expensive private courier services—a cost that will likely be passed on to consumers.
Photo courtesy of Wikimedia/Kevin Payravi.