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Massachusetts Bill To Use Marijuana Tax Revenue For Police Training Draws Criticism

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A new large-scale policing reform bill proposed by a Massachusetts House committee would use marijuana tax revenue to fund law enforcement training programs—and at least one of the state’s cannabis regulators is questioning whether that’s the most appropriate use of the money.

Following the Senate’s approval of law enforcement legislation last week, the House Ways and Means Committee attached the marijuana-funded police training measure as part of an amendment released on Sunday. Tucked inside the panel’s 93-page proposal is a provision stipulating that a Police Training Fund will be partially supported by “funds transferred from the Marijuana Regulation Fund.”

While the state’s cannabis laws already say that marijuana tax revenue can go to “municipal police training” after covering the costs of implementation, advocates are frustrated that legislators seem to be using this reform bill to prioritize appropriating funds to law enforcement at this time when they feel it should be used to support restorative justice programs for communities most impacted by the drug war.

“Where are the funds for communities of color promised in this law?” Shaleen Title, who serves as a commissioner on the Massachusetts Cannabis Control Commission (CCC), told Marijuana Moment.

“California has awarded $40 million in cannabis equity grant funding in the past year. Illinois is investing a full 25 percent of its cannabis tax revenue into grants for disproportionately harmed communities,” she said. “I invite Massachusetts legislators to collaborate with regulators and communities to ensure funding flows as promised under our law.”

Tens of millions of dollars in marijuana excise tax revenue have gone undistributed to the various programs they were supposed to support, a Boston Globe analysis found in February. That includes funding for police training as well as services for “economically-disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration for marijuana offenses,” as is specified in the law.

Title and CCC Chairman Steven Hoffman wrote an op-ed last week that’s critical of the fact that while 70 marijuana establishment licenses have been issued to social equity applicants, only three such businesses have been able to open at this point. They’re calling for the approval of a separate Senate bill that would create a social equity loan fund to promote participation in the industry by those from disadvantaged communities.

“We must work together to fully enact our landmark cannabis economic opportunity law in Massachusetts,” they wrote. “We invite all of our colleagues to take ownership of the progress that is possible if we close the gaps holding equity back.”

Adding to the frustration over the new amendment is the current national reckoning over police brutality and killings of unarmed black Americans, which has led to calls to defund law enforcement.

“Wild how reparations are perceived as unworkable when cartoonishly regressive redistribution like this is just written in without fanfare,” ACLU of Massachusetts staffer Mark Sheridan tweeted.

House Ways and Means Committee Chairman Aaron Michlewitz (D) said in a tweet that there is “misinformation” circulating that the legislation “changes the marijuana revenue structure or creates a new fund for police training.”

‘The cannabis law that went into effect in 2018, always included funding for behavioral health, admistative [sic] costs for @MA_Cannabis & police training,” he said. “This bill does not change that. It only references it since we are amending the training.”

The House is expected to hold a vote on the revised policing reform bill on Thursday.

In contrast to the Massachusetts move, the Portland, Oregon City Council approved a law enforcement budget bill last month that divests marijuana tax revenue funds from the city’s police department.

In other marijuana equity moves outside of policing reform, Colorado regulators are soliciting feedback on a proposal to create a franchise cannabis business model to promote participation in the industry by people from communities harmed by the war on drugs.

Read the text of the marijuana tax revenue provision of the House committee amendment below: 

H4860 by Marijuana Moment on Scribd

This story was updated to include comment from Michlewitz.

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.

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Trump Campaign Orders Mississippi Medical Marijuana Activists To Cease Using President’s Name

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President Donald Trump’s reelection campaign has issued a cease and desist order against a Mississippi medical marijuana legalization campaign, claiming “unauthorized and misleading representation” of the president’s position on the reform initiative in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.

Michael Glassner, chief operating officer of Donald J. Trump for President Inc., sent a letter to Mississippians for Compassionate Care (MCC), demanding that they stop distributing campaign materials touting the president’s past remarks.

While the mailer and the envelope it’s being sent in don’t at any point state that Trump has specifically endorsed Initiative 65, they encourage voters to “join President Trump and 3 out of 4 Mississippi Republicans who support medical marijuana” and point out that he’s voiced “complete support for medical marijuana.”

It is indeed the case that the president has, on several occasions, stated that he’s in favor of medical cannabis reform.

For example, while he said in 2015 that Colorado has “a lot of problems going on right now” with its recreational marijuana program, medical cannabis “is another thing.”

“I think medical marijuana, 100 percent,” he said.

Beyond stating his personal support for medical cannabis, Trump has said multiple times that he personally knows people who have benefited from using it.

“I think medical should happen, right? Don’t we agree? I mean I think so,” he said at a 2015 rally in Nevada. “I know people that are very, very sick and for whatever reason, the marijuana really helps them.”

“I know people that have serious problems and they did that and it really does help them,” he said In a 2016 interview on Fox News.

But the president’s reelection campaign evidently takes issue with the state cannabis effort using his on-camera quotes.

“President Trump has never expressed support for Initiative 65, and his campaign demands that you immediately cease and desist all activities using the President’s name, image or likeness in support of the legalization of medical marijuana in Mississippi,” Glassner wrote in the October 12 letter, which was first reported by Y’all Politics.

“The President’s campaign strongly believes in and encourages your organization’s fundamental right to engage in speech on issues of public importance, but this is not about that,” he said. “You are misleadingly using the President’s name in support of your own agenda without authorization or justification.”

But MCC is defending the mailers, which also feature endorsements from multiple Republican legislators in the state.

“President Trump has clearly stated on multiple occasions that he supports medical marijuana. That is all that we’ve shared—the truth,” MCC Communications Director Jamie Grantham said in a press release. “The politicians and bureaucrats behind Mississippi Horizon clearly orchestrated this letter from the Trump campaign. It’s just the latest example of the lengths to which they will go to prevent any form of medical marijuana in Mississippi.”

“President Trump himself has said he supports medical marijuana and is letting the states decide,” she said. “Initiative 65 is the only plan on the ballot that will create an actual medical marijuana program in Mississippi.”

While Trump has made his views on medical cannabis clear—and he’s expressed support for a states’ right approach to marijuana policy—he’s also on several occasions released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.

He also proposed deleting the rider altogether in multiple annual budget proposals to Congress, though President Obama did the same thing when he was in office.

The Mississippi mailer neglected to acknowledge those nuances, however.

“For the last two years, he has signed legislation offered by Republican Senators to prevent his Department of Justice from prosecuting medical marijuana businesses in states that have legalized its use,” it states.

“The Trump campaign’s decision in this matter is a further indication that this administration is unwilling to either embrace or act upon marijuana policy reform,’ Justin Strekal, political director of NORML, told Marijuana Moment. “For four years, this administration has been silent at best and hostile at worst when it comes to marijuana policy, and there is no indication that they would change going forward if given the opportunity.”

“At the end of the day, this is just bad politics,” he said.

A Quinnipiac poll found last year that 93 percent of Americans support medical marijuana, including 86 percent of Republicans, 96 percent of Democrats and 96 percent of independents—raising questions about why the president’s reelection campaign chose to take the proactive step of distancing their candidate from such an overwhelmingly popular issue that enjoys supermajority backing across partisan lines.

Meanwhile, the Democratic presidential nominee, Joe Biden, favors legalizing medical marijuana, decriminalizing cannabis possession more broadly, expunging prior convictions, modestly rescheduling the drug under federal law and letting states set their own policies. That said, he helped craft some of the nation’s most infamously punitive anti-drug laws during his time in the Senate—a record that the Trump campaign has seized on.

“More than 81 percent of Mississippians agree with President Trump in supporting medical marijuana for people who are suffering,” Grantham said, referencing a poll released last month. “Voters see through the actions of politicians who failed to act on this issue and who are now trying to block this initiative. 65A lets politicians decide. More than 228,000 Mississippians signed petitions for Initiative 65 which lets doctors and patients decide.”

The medical cannabis reform campaign has faced a series of obstacles before and after qualifying for the state’s November ballot.

The primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After MCC qualified their measure, the legislature approved an alternative that is viewed as more restrictive. The result is a muddled ballot that requires voters to answer a two-step series of questions—and that potential confusion threatens to jeopardize the activist-led proposal.

More recently, the Mississippi State Medical Association and American Medical Association have also contributed to the opposition, circulating a sample ballot that instructs voters on how to reject Initiative 65.

Last week, Gov. Tate Reeves (R) signed legislation that amends state law to allow people to obtain marijuana-derived medications that are approved by the Food and Drug Administration. He also reiterated his opposition to broader medical cannabis reform, stating that he’s “against efforts to make marijuana mainstream.”

If the campaign’s measure passes, it would allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.

In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve similarly posed a threat to the activist-driven reform initiative. But, to advocates’ relief, the legislation didn’t advance before lawmakers went home for the summer.

Read the Trump campaign’s cease and desist letter below: 

Trump Cease and Desist To M… by Marijuana Moment

Kamala Harris Touts ‘Commitment’ To Marijuana Decriminalization And Expungements Under Biden Administration

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New Jersey Voters Strongly Back Marijuana Legalization And Cannabis Pardons, New Poll Finds

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Support for a referendum to legalize marijuana in New Jersey remains strong, according to a new poll released on Tuesday. And what’s more, voters want Gov. Phil Murphy (D) to go a step further by pardoning people with low-level cannabis convictions.

The survey, which is the fourth and final from the law firm Brach Eichler LLC this election cycle, shows that 65 percent of New Jersey voters are in favor of the reform proposal that will appear on the state’s November ballot. Just 29 percent are opposed to the policy change and six percent remain undecided.

These results are statistically consistent with the prior three polls from the firm as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.

As has historically been the case, Democrats are most likely to back legalization (70 percent), followed by independents (62 percent) and Republicans (52 percent).

But beyond legalizing cannabis for adult use, New Jersey voters are also strongly in favor of having the governor use his clemency powers for those previously convicted over low-level marijuana offenses. Sixty-eight percent of respondents said Murphy should grant those individuals pardons, compared to 21 percent who are against it and 11 percent who are unsure.

For the first time since the firm starting polling on cannabis issues this year, a majority of voters (51 percent) also said that prior marijuana records of all levels of convictions, rather than just simple possession, should be expunged.

“The Brach Eichler Cannabis Poll, which has consistently reported overwhelming support for legalizing cannabis, today again confirms that New Jersey voters support this long overdue change by a significant margin,” Charles Gormally, co-chair of the firm’s cannabis practice, said in a press release. “After election day it is imperative that our legislature move to create the most efficient, safe and regulated marketplace to capture the tri-state cannabis business.”

The survey, which involved interviews with 500 registered voters from October 5-13 and has a margin of error of +/- 4.4 percentage points, also asked about the policy of local control for the marijuana market. Forty-seven percent said that individual jurisdictions should be allowed to ban cannabis businesses from operating in their area, compared to 39 percent who are opposed to the proposal and 14 percent who are undecided.

“It is clear that home rule is a topic that needs to be more fully addressed,” Gormally said. “Cannabis businesses are going to need an immediate understanding of local politics and community issues before embarking on plans for certain parts of New Jersey.”

Five states have recreational or medical marijuana legalization on the ballot this election, and polling broadly indicates that the measures will be successful.

Two recent surveys of Arizona voters show growing majority support for an initiative to legalize adult-use cannabis.

Montana voters seem poised to approve a pair of marijuana legalization initiatives next month, according to a poll released last week.

In South Dakota, polling signals that voters will approve separate initiatives to allow both medical and recreational cannabis.

A survey of Mississippi voters that was released in September found that an activist-led measure to legalize medical marijuana “stands a strong chance of passage.”

Meanwhile, in New Jersey, putting legalization to voters as a referendum question was the result of the legislature’s failure to pass reform legislation last session.

Murphy, the governor, has been a vocal advocate for approving the measure.

He said during a virtual fundraiser with the pro-legalization NJ CAN 2020 earlier this month that the state “can’t fail” at enacting the policy change this round. A top lawmaker also spoke at the event and said an enabling and regulatory bill was being prepared in anticipation of a favorable vote, and that it could be voted on by the legislature as soon as the first week of November.

The governor also recently recorded a video ad that was released by the reform group, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.

Murphy similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.

“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”

Last month, Murphy also called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.

“Legalization would right those wrongs while also spurring massive economic development opportunities, job creation, and new tax revenue,” the governor wrote. “Now, we have the opportunity to get this done and finally legalize adult-use marijuana here in the Garden State, and I need your help to make it happen.”

He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled  show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.

Marijuana Legalization In Texas Would Generate Billions In Tax Revenue, New Economic Analysis Shows

Photo courtesy of Philip Steffan.

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Kamala Harris Touts ‘Commitment’ To Marijuana Decriminalization And Expungements Under Biden Administration

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Democratic vice presidential nominee Kamala Harris (D-CA) again pledged in a new interview that decriminalizing marijuana would be an administrative priority if she and Joe Biden are elected.

Speaking to The Grio on Saturday, the senator discussed the would-be Democratic administration’s criminal justice agenda, contrasting it with that of President Donald Trump. She reiterated the cannabis reform would be among their policy goals.

“We have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses,” Harris said. “When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits.”

Watch Harris discuss criminal justice and marijuana reform, starting around 12:00 into the video below: 

While reform advocates have appreciated the senator’s repeated calls for cannabis reform on the campaign trail, they’ve taken issue with her tendency to refer to the drug war in the past tense—as she did here by talking about the impact the policy “had”—as though those prosecutions and enforcement disparities haven’t persisted.

In fact, recently released FBI data shows that there were 1,558,862 drug-related arrests in the U.S. last year, about a third of which were for marijuana. That amounts to a new drug bust every 20 seconds on average.

There’s also some frustration that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization—a policy not supported by the former vice president despite its popularity among Democrats.

Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.

In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”

In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.

Top Senate Democrat Includes Marijuana Banking Protections In New Coronavirus Relief Bill

Photo element courtesy of California Attorney General’s Office.

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