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Minnesota House Approves Marijuana Legalization Bill

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After hours of debate on Thursday night that at times became heated, the Minnesota House of Representatives approved a bill to legalize marijuana in the state.

After moving through 12 committees since being introduced in February, the full chamber passed the measure on a 72–61 vote, with some Republican support. It now proceeds to the Senate, where leaders in the GOP majority have vowed to derail it.

Sponsored by House Majority Leader Ryan Winkler (D), Speaker Melissa Hortman (D) and other lawmakers, the legislation would allow adults 21 and older to purchase and possess up to 1.5 ounces of cannabis and cultivate up to eight plants, four of which could be mature.

“Cannabis prohibition in Minnesota has been a failure,” Winkler said on the House floor before the vote. “The criminal penalties associated with cannabis prohibition have been unfairly applied to communities of color, especially Black Minnesotans.”

“House File 600 legalizes cannabis for adult use in Minnesota, expunging records related to past cannabis convictions,” he continued. “It creates a legal marketplace focused on allowing more opportunity for small- and medium-sized businesses in Minnesota and creates a pathway for social equity applicants to be part of a growing industry.”

The governor supports legalization, but the bill is still expected to face a significant challenge in the Republican-controlled Senate, where lawmakers have indicated that they’re more interested in revising the state’s existing medical cannabis program than more broadly ending prohibition.

However, Winkler said that, if the chamber does take it up for vote, he expects it would pass. At the very least, the momentum could spur GOP members to take up more modest reforms such as expanding the state’s medical marijuana program, he told Marijuana Moment in an interview on Tuesday.

“I think we are having an effect on them, and they feel the pressure to find a way to act because they know that they are losing this and the public will eventually win and get this,” Winkler said.

Part of winning over some Republican support involved adopting friendly amendments such as putting some cannabis revenue toward tax relief.

Winkler announced as the House discussion of the bill began that Democrats planned to accept “amended forms or final versions of most of the amendments that have been offered by the Republican side.”

“We think that further conversation on some of these issues is required,” he said, “but I will say that your engagement, your improvements to the bill are something that I’m committed to, and we will continue to make improvements to this bill as it moves through the process.”

The chamber ultimately adopted many GOP-led amendments, although in some cases lawmakers made further changes to those amendments.


Marijuana Moment is already tracking more than 1,100 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.

One, offered by Rep. Keith Franke (R), earmarks 5 percent of all revenue from legal cannabis for substance abuse treatment and prevention programs. Another, from Rep. Tony Jurgens (R), routes $1 million over two years to the Minnesota State Patrol to fund training for drug recognition evaluation training and other staff to identify drug use.

Winkler urged fellow Democrats to support both amendments, as well as a third amendment from Rep. Jeremy Munson (R), that would protect gun ownership rights for medical marijuana patients and adult cannabis consumers. Individuals would be authorized to refrain from reporting their cannabis use on state firearms-related forms. Lawmakers also approved another amendment from Munson that would protect personal data from the state-legal cannabis system from being shared with federal officials unless required by a court order.

The House also adopted an amendment from Jurgens to establish a pilot program that would test drivers for cannabis impairment using an experimental roadside saliva test. Lawmakers, however, first changed that amendment to prohibit law enforcement from arresting people based on the test result.

Other Republican-led amendments, however, fell short on the floor. Rep. Nolan West (R) proposed two amendments that were essentially gutted by further amendments from Majority Leader Winkler. One would have allowed local governments to opt out of licensing cannabis businesses, effectively allowing bans on the industry entirely. But West withdrew the proposal after lawmakers passed Winkler’s change to the amendment that limited local lawmakers to merely capping the number of licensed businesses to one per 500 of a jurisdiction’s residents.

West’s other proposed amendment would have allowed employers to refuse to hire job applicants if they were to test positive for cannabis use. But after Winkler’s amendment to the proposal—which would only allow positive tests to be grounds for a refusal to hire “safety-sensitive positions,” West again withdrew his amendment.

Lawmakers rejected a proposal from Rep. Peggy Scott (R) that would have raised the proposed legal age for cannabis to 25.

The chamber adopted a separate Scott amendment that requires the state to study legalization’s impacts on mental health, substance use disorder, education and other outcomes in the years following legalization. Initially the amendment would have dissolved the state’s legal cannabis program if those studies found racial disparities in those outcomes, but a subsequent amendment from Winkler removed that provision.

Another adopted amendment, from Rep. Susan Akland (R), adds a labeling requirement for marijuana products that warns that cannabis “may be hazardous to your health and may impair judgment. Do not operate a motor vehicle or heavy machinery while under the influence of cannabis or a cannabis product.”

A sweeping amendment from Republican Rep. Pat Garofalo initially would have made major changes to the House legalization proposal, gutting its social equity and community investment provisions. Garafolo, however, amended his own amendment to remove those portions and make other adjustments.

The House ultimately split Garafolo’s revised amendment, passing only a portion of it. The approved portion adjusts the makeup of the state Cannabis Management Board, putting more control of appointments in the hands of state lawmakers rather than the governor. It also reduces proposed funding for state oversight of the legal industry by 25 percent.

Prior to the House session, the chamber’s Democratic leaders held a press conference to urge passage of the bill.

“We have this bill before us today because Minnesotans have decided that it’s time to legalize cannabis and right the wrongs of the criminal prohibition of cannabis that has failed Minnesotans,” Winkler said.

House Speaker Melissa Hortman (DFL) noted that while people use cannabis at roughly the same rate regardless of their race, people of color in Minnesota are eight times more likely to be arrested on cannabis charges. “Continuing our legacy of racial injustice is simply not defensible any longer,” she said.

Hortman also took a shot at what she called a “dad joke” made earlier in the day Senate Majority Leader Paul Gazelka (R), who told reporters, “The marijuana bill in the Senate is up in smoke. That’s not going to happen.”

“We know that Senate Republicans are opposed,” Hortman said, “as Senator Gazelka’s dad joke revealed earlier today, but we’re continuing to move forward on this because Minnesotans need to know that we are fighting for them. They have come forward, they have told us that this is the right thing to do [and] this is the right time to do it.”

Winkler noted that even many Republicans acknowledge the system is broken. “Even the people who oppose the bill we have today, or oppose the idea of legalization, admit that the criminal justice side of our laws are doing harm,” he said, “and we’re seeing some willingness on the part of Republicans to move on that.”

Shows of popular support for the adult-use bill, especially among Republican constituents, has already made an impact, the lawmakers said. Republicans have already expressed a willingness to reduce criminal penalties around cannabis, they noted, and seem more willing to consider proposals to decrease the cost of medical marijuana and remove current restrictions on cannabis flower for patients.

Meanwhile, time is running out to get the legalization bill through the full legislature before the session ends on May 17. Republicans on the House floor expressed frustration on Thursday that the body was spending so much time on a bill that may ultimately fail in the Senate.

“During this pandemic, and with just a few days left in session, here we are wasting our time on this marijuana bill that has no chance of becoming law,” Minority Leader Kurt Daudt (R) said during the floor debate.

State Attorney General Keith Ellison (D), for his part, called on lawmakers to approve legalization.

“Law enforcement in MN should be focused on serious crimes, not low-level cannabis offenses that lead to significant racial disparities in our criminal-justice system and injustice in our communities, and do little or nothing to keep us safer,” he said in a Twitter post.

Before reaching the floor, the legalization bill passed the Ways and Means CommitteeTaxes CommitteeHealth Finance and Policy CommitteePublic Safety and Criminal Justice Reform Finance and Policy CommitteeEducation Finance CommitteeState Government Finance and Elections CommitteeJudiciary Finance and Civil Law CommitteeEnvironment and Natural Resources Finance and Policy CommitteeAgriculture Finance and Policy CommitteeWorkforce and Business Development Finance and Policy CommitteeLabor, Industry, Veterans and Military Affairs Finance and Policy Committee and Commerce Finance and Policy Committee.

The majority leader’s legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.

Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.

On-site consumption and cannabis delivery services would be permitted under the bill. And unlike in many legal states, local municipalities would be banned from prohibiting marijuana businesses from operating in their areas.

Retail cannabis sales would be taxed at 10 percent. Part of that revenue would fund a grant program designed to promote economic development and community stability.

The bill calls for the establishment of a seven-person Cannabis Management Board, which would be responsible for regulating the market and issuing cannabis business licenses. It was amended in committee month to add members to that board who have a social justice background.

People living in low-income neighborhoods and military veterans who lost honorable status due to a cannabis-related offense would be considered social equity applicants eligible for priority licensing.

Cannabis retails sales would launch on December 31, 2022.

Gov. Tim Walz (D) is also in favor of ending marijuana prohibition, and in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.

Walz did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Nebraska Activists Relaunch Medical Marijuana Ballot Campaign After Legislative Filibuster Blocks Bill

Photo courtesy of Mike Latimer.

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.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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Congresswoman Voices Support For Allowing ‘Safe Supply’ Of Illegal Drugs For Harm Reduction

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The freshman congresswoman says lawmakers should pursue providing people with a “safe supply” of drugs after decriminalization is enacted.

By Sessi Kuwabara Blanchard, Filter

Rep. Cori Bush (D-MO) has broken new ground by indicating her support for a safe supply of controlled substances for people who use them, in response to a Filter reporter’s question.

On Tuesday, the Drug Policy Alliance (DPA) held a press conference unveiling the Drug Policy Reform Act of 2021 (DPRA). It featured DPRA co-authors  Bush and Rep. Bonnie Watson Coleman (D-NJ), together with DPA board member Dr. Mary Bassett and Neill Franklin, former executive director of Law Enforcement Action Partnership.

The bill will eliminate criminal penalties for possession of any scheduled substance up to quantities to be determined by a novel commission. It additionally invests in substance use disorder treatment and harm reduction services, while, among other things, preventing people being refused employment, housing, federal benefits and immigration status due to a criminal record for drug possession or personal drug use.

“Do we support a safe supply? Yes.”

During the press conference, DPA Executive Director Kassandra Frederique posed Filter’s question to the congresswomen: Do you support medical practitioners prescribing to patients their controlled substances of choice in order to encourage them to divest from the adulterated illicit supply, just as U.S. doctors did in the late 1910s and early 1920s?

Bush gave a clear answer. “Do we support a safe supply? Yes,” she said. She also explained why DPRA does not provide for some form of safe supply policy. “Right now, our focus is to decriminalize.”

Her comment appears to be one of the first, if not the first, public endorsements by a U.S. politician of a safe supply policy. It’s increasingly a priority for progressive drug-user activists in North America, driven by Canadian advocacy, like that of the Drug User Liberation Front.

“We are enthused to have a congressional leader who is willing to support evidence-based, life-saving interventions like safe supply,” Queen Adeyusi, a policy manager at DPA’s Office of National Affairs, told Filter.

Watson Coleman offered promising, albeit inconclusive, thoughts on the safe supply question. Part of the “whole issue of…personal use of substances,” she said, is “how you get them” and how consumers avoid “getting drugs that kill you as opposed to the right drug that you’re looking for.”

(Ensuring consumers have consistent easy access to pharmaceutical-grade drugs—instead of the unpredictable and adulterated illicit supply that’s driving fatal overdoses—has been shown in multiple studies to greatly reduce engagement with the unregulated supply.)

“To have it in the health care realm instead of the criminal realm is what we’re trying to accomplish,” said Watson Coleman.

“Everything that we’re talking about, we’re looking at it from an evidence-based standpoint,” said Bush. “So, making sure we are looking for guidance from people like Dr. Bassett and others.”

Watson Coleman suggested the question of safe supply policy could be one for the planned Commission on Substance Use, Health and Safety to consider, saying it “will be looking at issues of this nature and will be making recommendations to the secretary of Health and Human Services.”

According to a summary of DPRA published by DPA, the commission will provide “recommendations for preventing the prosecution of individuals possessing, distributing or dispensing personal use quantities of each drug for the purpose of subsistence distribution.”

The biggest win for the North American safe supply movement thus far has, according to advocates’ critiques, been largely symbolic: British Columbia’s mostly-unimplemented prescribing guidelines to provide consumers with pharmaceutical alternatives to adulterated street drugs.

A strong grassroots movement for safe supply policy has yet to materialize in the United States, and advocacy organizations like DPA are still developing their strategy. “We do deep work internally and with movement before moving to introduce legislation,” said Adeyusi. “We are working on a safe supply strategy with others, that can include legislation, but we are not ready yet.”

It appears that Bush may be a meaningful ally to such efforts when the time comes.

This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Facebook or Twitter, or sign up for its newsletter.

California Senator Previews Next Steps For Psychedelics Bill And Says It’s A Step Toward Decriminalizing All Drugs

Photo courtesy of Markus Spiske.

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California Senator Previews Next Steps For Psychedelics Bill And Says It’s A Step Toward Decriminalizing All Drugs

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A California senator sponsoring a bill to legalize possession of psychedelics in the state says the proposal is a step toward eventually decriminalizing all drugs.

“We want to get there,” he said in a recent meeting with activists and researchers, though he added that it’s possible the broader reform would need to be decided by voters.

Sen. Scott Wiener (D) made the comments last week in a chat hosted by the Psychedelic and Entheogen Academic Council (PEAC), discussing next steps for his psychedelics legislation after it passed in the Senate earlier this month. He said advancing the measure in the Assembly will be “very challenging” due to a number of factors, but he sees progress in the legislature.

It’s also unclear where Gov. Gavin Newsom (D) stands on the reform, he said—though the governor has long been an outspoken opponent of the war on drugs.

“This is the first time that this idea has ever been introduced in the legislature,” Wiener said. “It’s a brand new idea” that “many of my colleagues have never interacted with.”

The bill originally included record sealing and resentencing provisions for people previously convicted of psychedelics possession offenses, but that language was removed in its last committee stop prior to the Senate floor vote as part of an amendment from the sponsor.

Wiener said the reasoning behind that deletion was that the policy “ended up generating a huge price tag” based on a fiscal analysis, but it could be addressed in separate legislation if the main bill passes.

Since clearing the Senate, SB 519 has been referred to two Assembly committees—Public Safety and Health—but the clock is ticking to move it this session. The senator said it must be heard by the panels by July 15, and then it would go the the Appropriations Committee, which would need to take action by late August.

If all goes well, Wiener told the PEAC members that a floor vote in the Assembly would happen in early September. Should the chamber approve it, the bill would go back to the Senate for concurrence on any amendments (or otherwise go right to Newson’s desk). The governor would need to receive the bill by September 10, and then he would have 30 days to act on it.

Assembly passage is far from a given, however. There are “rivalries” and “tensions” between the two chambers, Wiener said, despite the fact that they’re controlled by the same party.

Colleagues in the same chamber might be more willing to “give you a benefit of the doubt in helping you move forward bills,” he said. What’s more, members in the Assembly go up for reelection more frequently than in the Senate, making them less inclined to back novel legislation like the psychedelics proposal.

The senator said one possible amendment that could be expected in the Assembly would be to remove ketamine from the list of psychedelics that would be included in the reform.

“There are disagreements within the psychedelic world on it,” he said. “It might come out. My view as you keep things in until you have to make a give, and that’s one that we could potentially give on. You don’t want to spontaneously give on things without getting some ability to move the bill forward as a result.”

Mescaline, a psychoactive compound derived from peyote and other cacti, is another controversial psychedelic.

It was specifically excluded from the bill’s reform provisions in peyote-derived form, but the possession of the compound would be allowed if it comes from other plants such as “the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus.”

That decision on the peyote exclusion was informed by native groups who have strongly pushed back against decriminalizing the cacti for conservationist reasons and because of its sacred value for their communities.

If enacted into law, the bill would remove criminal penalties for possessing or sharing numerous psychedelics—including psilocybin mushrooms, DMT, ibogaine, LSD and MDMA—for adults 21 and older.


Marijuana Moment is already tracking more than 1,100 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.

The state Department of Public Health would be required to establish a working group “to study and make recommendations regarding possible regulatory systems that California could adopt to promote safe and equitable access to certain substances in permitted legal contexts.” Those recommendations would be due by January 1, 2024.

For psilocybin specifically, the legislation would repeal provisions in California statute that prohibit the cultivation or transportation of “any spores or mycelium capable of producing mushrooms or other material” that contain the psychoactive ingredient.

But this bill, Wiener emphasized at the beginning of the meeting, is ultimately an incremental step to ending the drug war.

“My view is we should be decriminalizing possession and use of all drugs—and we want to get there,” he said. “This is a step just like cannabis [legalization] was a step. And ultimately we may need to go to the voters for the broader drug decriminalization like Oregon.

For the time being, however, the senator encouraged PEAC members in San Francisco, where lawmakers are more amenable to psychedelics reform, to reach out to people in other areas of the state to apply pressure on their representatives.

Meanwhile, a group of California activists announced plans earlier this year to put an initiative to legalize the use and retail sale of psilocybin on the state’s 2022 ballot. That group, Decriminalize California, said that it would first work to convince lawmakers to pursue reform and then take the issue directly to the people if the legislature fails to act.

The psychedelics effort in the California legislature, which Wiener first previewed back in November, comes as activists are stepping up the push to enact psychedelics reform locally in cities in the state and across the country. The bill notes those efforts in an explanation of the proposal.

The Northampton, Massachusetts City Council passed a resolution in April to deprioritize enforcement of laws against the possession, use and distribution of a wide range of psychedelics such as psilocybin and ayahuasca. It’s the third city in the state to advance the policy change, following Somerville and Cambridge.

These are some of the latest iterations of a national psychedelics reform movement that’s spread rapidly since Denver became the first city to decriminalize psilocybin mushrooms in 2019.

Besides the cities in Massachusetts, four others—OaklandSanta CruzAnn Arbor and Washington, D.C.—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiatives to legalize psilocybin mushrooms for therapeutic purposes and more broadly decriminalize possession of all drugs.

The governor of Connecticut signed legislation last week that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

Texas lawmakers also recently sent their governor a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill this month 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.

After Ann Arbor legislators passed a decriminalization resolution last year, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

The Aspen, Colorado City Council discussed the therapeutic potential of psychedelics like psilocybin and proposals to decriminalize such substances at a meeting last month. But members said, as it stands, enacting a reform would be more better handled at the state level while entheogens remain strictly federally controlled.

Seattle lawmakers also recently sent a letter to members of a local task force focused on the opioid overdose epidemic, imploring the group to investigate the therapeutic potential of psychedelics like ayahuasca and ibogaine in curbing addiction.

Texas Governor Signs Medical Marijuana Expansion Bill

Photo courtesy of Wikimedia/Mushroom Observer.

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New Jersey Attorney General Cracks Down On ‘Gift’ Marijuana Schemes Involving Overpriced Snacks

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The attorney general of New Jersey on Tuesday sent warning letters to companies that are effectively circumventing the state’s marijuana laws by “gifting” cannabis in exchange for non-marijuana-related purchases such as overpriced cookies, brownies and stickers.

Gifting is lawful between adults 21 and older under New Jersey’s adult-use cannabis law, but a number of businesses are allegedly taking advantage of that policy by giving away “free” cannabis products to those who purchase other items like snacks and baked goods.

No retail marijuana businesses have been licensed since the state enacted recreational legalization earlier this year, which followed voter approval of a reform initiative during the November 2020 election. Licensing regulations still need to be developed before adult-use shops can open.

“In legalizing adult-use cannabis in New Jersey, the Legislature made it clear they were creating a regulated market with restrictions on how that market operates,” Attorney General Gurbir Grewal said in a press release. “Instead of waiting for those regulations to be established, some vendors have decided to move forward on their own, in ways that the law does not allow.”

“Today we’re making it clear that we will not permit these entities to undermine the regulated cannabis marketplace the Legislature created or to compete unfairly with properly licensed cannabis businesses,” he said.

Four Sky High Munchies, Slumped Kitchen LLC, NJGreenDirect.com LLC and West Winds Wellness were targeted with cease and desist letters, which state that the cannabis gifts that they’re offering appear to be central to their business transactions. The non-cannabis items are generally overpriced, the press release notes.

New Jersey’s legalization law establishes the Cannabis Regulatory Commission (CRC) to oversee the market and create licensing rules. CRC Chairperson Dianna Houenou said that the division “is committed to establishing a safe marketplace of cannabis products.”

“Those trying to preempt the rules and transfer unregulated and untested marijuana items jeopardize public health and undermine confidence in the forthcoming regulated cannabis industry,” she said.

“We will not allow vendors to misrepresent what they’re selling,” Kaitlin Caruso, acting director of the state’s Division of Consumer Affairs, said. “Under our consumer protection laws, vendors are subject to fines and penalties for making false or misleading statements about what they’re selling. We have warned these companies about our concerns, and to stop conduct that could violate our laws.”

New Jersey’s attorney general has been proactive about cannabis reform implementation since the legalization bill was enacted.

The day after Gov. Phil Murphy (D) signed bills to legalize and decriminalize marijuana, Grewal directed prosecutors to drop cases for cannabis-related offenses and issued separate guidance for police on how to proceed under the updated laws.

The attorney general also encouraged prosecutorial discretion for marijuana cases in earlier memos prior to the bill’s signing.

Federal Marijuana Trafficking Cases Drop Again In 2020 As More States Legalize

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