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Montana Bill To Implement Marijuana Legalization Heads To Governor’s Desk

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The cannabis legislation was revived after an initial defeat on the House floor on Monday.

By Arren Kimbel-Sannit, Daily Montanan

After a whirlwind 24 hours that saw the fate of the bill change dramatically on more than one occasion, the Legislature has passed House Bill 701, landmark legislation that implements the recreational marijuana program that voters approved last year.

The state House on Tuesday morning passed the bill as amended by the Senate on third reading 67-32, sending it to the governor’s desk. Retail sales of recreational marijuana are slated to begin in January of next year.

The bill, one of several visions this session for implementation of I-190, the initiative that created the recreational pot market in Montana, has traveled a bumpy road to the finish line. Since its introduction around a month ago (at roughly 160 pages long), the plan has faced dozens of amendments in both chambers and more than one vote to stop it in its tracks.

“Everything in the Legislature is a constant conversation, and we needed to make the point really clear: Given our timelines, sending 701 to a conference committee, even though well-intentioned, is for all intents and purposes is, if not killing it outright, getting as close as you can to killing it without actually killing it,” Rep. Mike Hopkins, R-Missoula, the bill’s sponsor, told reporters Tuesday. “So, I think the point needed to be clear that folks had a choice in front of them.”

On Monday, a contingent of House Republicans joined together to vote down the version of the bill that the Senate produced following extensive negotiations in that upper chamber. That amended language had wide-reaching effects on the program and the allocation of marijuana tax revenues—additional funds would go to conservation easements, reminiscent of the language in I-190; there’d be a special drug court for expungement cases, home grow would be allowed and more. The bill as written currently would also finance the HEART Fund, a substance abuse prevention program proposed by Gov. Greg Gianforte (R).

But House Republicans felt the Senate’s work didn’t reflect the changes they wanted to see—namely, lowering the 20 percent tax on recreational pot sales, eliminating the option for a local option excise tax, banning home grow and so on—and voted down the bill, intending to send it to a conference committee where the two chambers could reconcile their differences.

However, a conference committee risked running up against the intended end of the session later this week, and Hopkins said he felt like he didn’t adequately explain the stakes to his colleagues. He made a successful motion to reconsider the vote, and on Tuesday, many of the same lawmakers who voted not to concur with the Senate’s work voted to do the opposite. After lawmakers had a lengthy discussion on the tax rates in the bill, they suspended House rules in order to fast-track passage of a variety of outstanding policy priorities and passed HB701.

Some were still opposed. Rep. Bill Mercer, R-Billings, repeated his argument that the state would be committing millions in projected revenues from the recreational marijuana program without knowing exactly how much money they’d have to spend. What could possibly drive medical marijuana cardholders—who would pay just a 4 percent tax under the bill—to pay for recreational pot at a 20 percent rate, he asked.

“I don’t think there’s any way we’re going to see the revenue materialize in 2023 that’s been forecast,” he said. “We are creating new spending that is completely unrelated to the tax that is being proposed.”

Mercer also posited that the allowance of a local-option excise tax would pave the way for a sales tax elsewhere.

“We will rue the day that we did this,” he said.

Hopkins said lawmakers had a choice between his bill and I-190, which technically became law after the voters passed it last year. If HB701 didn’t pass before the end of the session, the recreational marijuana market would launch under the provisions of I-190. For much of the debate, adopting I-190 as-is was the preference of Democrats and the initiative’s supporters, but amendments introduced in the Senate to use recreational marijuana tax revenues to fund conservation easements under the Habitat Montana program beginning in 2023 helped earned support from the minority that was ultimately crucial for getting the bill through.

“Voting against 701 is the literal acknowledgement of I-190,” Hopkins said.

Environmental groups in Montana lauded the passage of the bill Tuesday.

“This is a win for public access, a win for working ranches, and a win for our outdoor recreation economy,” said Nick Gevock, conservation director with the Montana Wildlife Federation. The conservation program that would come out the furthest ahead under HB701 is Habitat Montana, which leverages a combination of funds to secure easements on private land.

“Just last year alone, we had more than $33 million in private land conservation projects proposed to the state, and we were able to fund $21 million of them,” Gevock said.

The full funding for the program isn’t technically available until the next biennium. One session’s legislature can’t bind the hands of the next, so future lawmakers can change how the marijuana funds are allocated.

“The money will accrue, and it’s incumbent upon us to continue our campaign and continue our support and hopefully see some teed up really quality projects waiting for the money,” Gevock said, adding that it’s a “great day for Montana.”

This story was first published by Daily Montanan.

Louisiana Lawmakers Approve Marijuana Legalization Bill In Committee

Photo courtesy of Max Pixel.

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Senate’s Bipartisan Infrastructure Deal Aims To Let Researchers Study Marijuana From Dispensaries

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Senate leaders released a massive and long-anticipated infrastructure bill late on Sunday—and after weeks of bipartisan negotiations, the legislation includes provisions that aim to allow researchers to study the actual marijuana that consumers are purchasing from state-legal dispensaries instead of having to use only government-grown cannabis.

The bill also encourages states that have enacted legalization laws to educate people about impaired driving.

The language on scientists’ access to retail cannabis products was attached to an earlier version of infrastructure legislation in a Senate committee, and it’s substantively the same as a provision included in a House-passed infrastructure bill.

The measure makes it so the transportation secretary would need to work with the attorney general and secretary of health and human services to develop a public report within two years of the bill’s enactment that includes recommendations on allowing scientists to access retail-level marijuana to study impaired driving.

The cannabis provision stipulates that the report must contain a recommendation on establishing a national clearinghouse to “collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a state on a retail basis.”

It specifies that scientists from states that have not yet enacted legalization should also be able to access to dispensary products that are being sold in jurisdictions that have ended prohibition.

Sen. John Hickenlooper (D-CO) sponsored the committee amendment that contains these reforms, and he argued that the changes are necessary in order to promote research into impaired driving and create a national standard for addressing such activity.

Advocates have been waiting to see whether the committee-approved language would make it into the bipartisan negotiated bill. And the fact that it did stay intact following extensive negotiations between Democrats and Republicans who worked to craft the deal is significant. The Senate is expected to take up the bill on the floor this week.

If it passes, the amended legislation would then need to go back to the House for consideration before heading to President Joe Biden’s desk.

The bill says the cannabis research report must also broadly examine “federal statutory and regulatory barriers” to studies on marijuana-impaired driving.

The transportation legislation also contains a separate section that would require legal marijuana states—and only those states—to consider methods of educating people about and discouraging impaired driving from cannabis. Advocates take issue with that language simply because it targets legalized jurisdictions while ignoring the fact that marijuana-impaired driving takes place regardless of its legal status.

An earlier version of the transportation bill cleared the House last Congress with identical marijuana provisions but did not advance in the GOP-controlled Senate.

Since its initial introduction last year, some steps have been taken to resolve that issue. Most notably, the Drug Enforcement Administration (DEA) recently notified several companies that it is moving toward approving their applications to become federally authorized marijuana manufacturers for research purposes.

That marks a significant development—and one of the first cannabis-related moves to come out of the Biden administration. There is currently a monopoly on federal cannabis cultivation, with the University of Mississippi having operated the only approved facility for the past half-century.

But that move from DEA would still not free up researchers to access marijuana products from state-legal retailers in the way the transportation legislation would encourage if enacted.

While advocates are supportive of measures to reduce impaired driving, some have raised issues with the implication that legalizing cannabis increases the risk of people driving while under the influence. Research isn’t settled on that subject.

A federally funded study recently promoted by the National Institute of Justice also found that the amount of THC in a person’s system after consuming marijuana is not an accurate predictor of impairment.

Colorado Could Vote On Marijuana Tax Hike To Fund Education Programs After Campaign Submits Signatures

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Colorado Could Vote On Marijuana Tax Hike To Fund Education Programs After Campaign Submits Signatures

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A Colorado campaign appears to have submitted enough signatures to place a ballot initiative before voters in November that would raise marijuana taxes to fund programs that are designed to reduce the education gap for low-income students.

The Colorado Learning Enrichment and Academic Progress (LEAP) measure would give low- and middle-income families a $1,500 stipend to have school-aged children participate in after-school programs, tutoring and summer learning activities.

The state excise tax on sales adult-use cannabis products would increased from 15 percent to 20 percent to fund the effort.

Supporters say this policy is especially needed as a response to the coronavirus pandemic, which has exacerbated income-related learning gaps for students. But some marijuana industry stakeholders—and even the state’s largest teachers union—have expressed concern about the proposal.

In any case, the LEAP campaign turned in about 200,000 signatures for the measure to the secretary of state’s office on Friday. It only needs 124,632 valid signatures to qualify.

Monica Colbert Burton, a LEAP campaign representative, told Colorado Public Radio that the sizable signature turn-in “really demonstrates the broad support around the state for this issue.”

“The learning loss that we’ve seen during the pandemic is so much higher than we’ve ever seen before particularly for our low-income families and our students that don’t have access to the same resources,” Colbert Burton said.

Beyond imposing the extra five percent tax on cannabis, the initiative also calls for a repurposing of state revenue that it generates from leases and rents for operations held on state land. Advocates estimate that the measure would translate into $150 million in additional funding annually.

But according to an analysis from Westword, adding the tax to the existing 15 percent special tax would’ve only created $80 million in added revenue based on 2020 sales figures.

Some stakeholders and cannabis advocates have come out strongly against the proposal.

“That this initiative is being pushed at a moment in Colorado when the cannabis industry is trying to create more equity and bring economic growth to marginalized communities harmed by the racist Drug War is especially tone deaf,” Hashim Coates, executive director of the trade group Black Brown and Red Badged, said in a press release. “But that is to be expected when the backers of this measure are affluent white men.”

“Let’s just be perfectly clear: this is a regressive tax—which always harms Black and Brown consumers the most. This is going to a voucher program—which always harms Black and Brown communities the most,” Coates said. “And it’s targeting the marijuana industry as a magical bottomless piggy bank—which will devastate the Black and Brown owned cannabis businesses the most. Can we just let the black community breathe for a moment after this pandemic before we start taxing them to death?”

The measure is being endorsed by a two former governors, about 20 sitting state lawmakers, several former legislative leaders and several other educational organizations.

But in June, the Colorado Education Association withdrew its support for the proposal over concerns about how it would be implemented.

The next step for the initiative is for the secretary of state’s office to verify that there are enough valid signature in the batch LEAP supporters turned in.

This development comes days after Colorado officials announced the launch of a new office to provide economic support for the state’s marijuana industry.


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.

The division, which was created as part of a bill signed into law in March, is being funded by cannabis tax revenue. It will focus on creating “new economic development opportunities, local job creation, and community growth for the diverse population across Colorado.”

Gov. Jared Polis (D) had initially asked lawmakers back in January to create a new a new cannabis advancement program as part of his budget proposal.

Beyond this program, the state has worked to achieve equity and repair the harms of prohibition in other ways.

For example, Polis signed a bill in May to double the marijuana possession limit for adults in the state—and he directed state law enforcement to identify people with prior convictions for the new limit who he may be able to pardon.

The governor signed an executive order last year that granted clemency to almost 3,000 people convicted of possessing one ounce or less of marijuana.

Funding for the new office is made possible by tax revenue from a booming cannabis market in the state. In the first three months of 2021 alone, the state saw more than half a billion dollars in marijuana sales.

The lack of access to federal financial support for marijuana businesses became a pronounced issue amid the coronavirus pandemic, with the Small Business Administration saying it’s unable to offer those companies its services, as well as those that provide ancillary services such as accounting and law firms.

Polis wrote a letter to a member of the Colorado congressional delegation last year seeking a policy change to give the industry the same resources that were made available to other legal markets.

California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

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California Senator Seeks Federal Clarification On Medical Marijuana Use In Hospitals

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A California senator is asking the head of the U.S. Department of Health and Human Services (HHS) to provide clarification on whether hospitals and other healthcare facilities in legal marijuana states can allow terminally ill patients to use medical cannabis without jeopardizing federal funding.

State Sen. Ben Hueso (D) on Thursday sent a letter to HHS Secretary Xavier Becerra and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure inquiring about the policy. Confusion about possible implications for permitting marijuana consumption in health facilities led pro-legalization Gov. Gavin Newsom (D) to veto a bill meant to address the issue in 2019.

Hueso refiled a nearly identical version of the legislation for this session, and it’s already passed the full Senate and one Assembly committee. It’s now awaiting action on the Assembly floor before potentially being sent to Newsom’s desk.

“Ryan’s Law would require that hospitals and certain types of healthcare facilities in the State of California allow a terminally-ill patient to use medical cannabis for treatment and/or pain relief,” the senator wrote in the letter to the federal officials, with whom he is asking to meet to discuss the issue. “Currently, whether or not medical cannabis is permitted is left up to hospital policy, and this creates issues for patients and their families who seek alternative, more natural medication options in their final days.”

Hospitals that receive CMS accreditation are generally expected to comply with local, state and federal laws in order to qualify for certain reimbursements. And so because marijuana remains federally illegal, “many healthcare facilities have adopted policies prohibiting cannabis on their grounds out of a perceived risk of losing federal funding if they were to allow it.”

But Hueso said that his office received a letter from CMS several months ago stating that there are no specific federal regulations in place that specifically address this issue and that it isn’t aware of any cases where funding has been pulled because a hospital allows patients to use medical cannabis.


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.

Additionally, because the Justice Department has been barred under annually renewed spending legislation from using its funds to interfere in the implementation of state-level medical marijuana programs, the senator said, “we believe the risk of federal intervention is little to none.”

“This confirmation from CMS been quite a breakthrough and we are optimistic it will alleviate the Governor’s concerns,” the letter continues. “However, I want to underscore that, prior to receiving this response, even the Governor of California was under the impression that CMS rules prohibited hospitals and healthcare facilities from allowing medical cannabis use.”

“Undoubtedly other states are struggling with this issue, too,” it says. “As more states decriminalize cannabis and even create recreational markets, we must not forget to also update the books for the most important consumers of all—patients.”

“While ideally the federal government will remove cannabis from its Schedule I designation, I appreciate that this is a lengthy and complex process. In the interim, it would be extremely helpful if you could provide clarification that assures Medicare/Medicaid providers that they will not lose reimbursements for allowing medical cannabis use on their premises. This clarification would go a long way to help hospital staff, security, above all, patients.”

Becerra, while previously serving as California attorney general and as a member of Congress, demonstrated a track record of supporting marijuana law reform.

Meanwhile, there are efforts in both chambers of Congress to end federal marijuana prohibition.

Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are currently soliciting feedback on draft legalization legislation they introduced this month.

Meanwhile, a separate House bill to federally legalize marijuana and promote social equity in the industry was reintroduced in May.

The legislation, sponsored by Judiciary Committee Chairman Jerrold Nadler (D-NY), was filed with a number of changes compared to the version that was approved by the chamber last year.

Read the letter from the California senator to Becerra below: 

Marijuana hospital letter t… by Marijuana Moment

Rhode Island House Speaker Says ‘No Consensus’ On Marijuana Legalization, But It’s ‘Workable’

Photo courtesy of Mike Latimer.

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