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Nebraska Advocates Launch Signature Drive For 2022 Medical Marijuana Ballot Measures

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Activists in Nebraska on Friday unveiled the language of a pair of initiatives to legalize medical marijuana in the state. Supporters now have until July of next year to gather thousands of voter signatures to put the measures on the 2022 ballot.

The petitioning drive to qualify the two initiatives will begin Saturday in Lincoln, near a University of Nebraska football game at Memorial Stadium, where advocates say they plan to “take advantage of the crowds” to “kick off the effort.”

Together, the two initiatives from Medical Marijuana (NMM) would protect qualified patients from legal consequences for cannabis and regulate businesses that produce, distribute and sell marijuana products to those patients. Advocates say they’re done waiting for lawmakers to act on the issue and will instead take the issue directly to voters.

“It is frustrating that politicians have ignored the will of the people and denied my son and thousands of other patients the compassion they deserve,” said Nicole Hochstein, NMM’s volunteer coordinator for Cedar County and the mother of an 11-year-old child diagnosed with epilepsy. “But this ballot campaign provides hope to families like ours. We are seeing democracy in action today.”

Repeated pushes to legalize through the state’s unicameral legislature have fizzled, most recently in May following a Republican-led filibuster. And in 2019, the state’s attorney general argued in an opinion that efforts to legalize medical marijuana would be preempted by federal law and “would be, therefore, unconstitutional.”

Nebraskans for Medical Marijuana announced the new ballot campaign just hours after the most recent legislative effort failed. The group revealed in August that it would pursue the policy change through the a two-initiative campaign, and early last month it submitted the proposed ballot measures to state officials for initial approval. Language of the two initiatives, however, were not made public until Friday.

This is Nebraskans for Medical Marijuana’s second time pursuing the ballot for cannabis reform. While they collected enough signatures to qualify a medical marijuana legalization measure for the 2020 ballot, the state Supreme Court invalidated it on the grounds that it violated the state’s single-subject rule, which limits the scope of citizen initiatives. That’s why the current campaign has split the proposal into two measures, which advocates hope to qualify and pass as a package.

The proposed initiatives work together, with one removing legal penalties around cannabis for any qualified patients and the other establishing a new agency, the Nebraska Medical Cannabis Commission, to register and regulate businesses that provide cannabis to patients.

Under the first measure, the Medical Cannabis Patient Protection Act, patients would be defined as anyone with a physician’s recommendation to use cannabis for therapeutic purposes, though people under 18 would also need written permission from a parent or legal guardian. It would declare that under both state and local law, patients would be allowed to “use, possess, and acquire an allowable amount of cannabis and cannabis accessories for the alleviation of a medical condition, its symptoms, or side effects of the condition’s treatment.” Designated caretakers could also possess and acquire cannabis for patients.

The proposal would set the “allowable amount” of marijuana at up to five ounces, not including the weight of non-cannabis ingredients in infused food, beverages, topicals or other products. It does not appear to contain any provision that would enable patients to grow their own cannabis.

The second measure, the Medical Cannabis Regulation Act, would set up a state system to oversee the medical marijuana market itself. It would establish the Medical Cannabis Commission, which would adopt rules, regulations and standards by July 2023. The body would be required to begin granting registrations—effectively licenses to engage in cannabis activity—by October of that year.

While regulatory details would be set by the commission, the proposed initiative says that cannabis products would include edible products, ointments and tinctures, among others. It also specifically mentions product delivery.

The measure would make it legal for registered cannabis businesses, along with their employees and agents, to “possess, manufacture, distribute, deliver, and dispense cannabis for medical purposes, provided such conduct complies with applicable rules and regulations adopted and promulgated by the Nebraska Medical Marijuana Commission.” It does not include any mention of taxes or fees.

The Commission would consist of the three members of the Nebraska Liquor Control Commission and up to two additional members appointed by the governor and confirmed by a majority of lawmakers.

In a video streamed to Facebook this week, the group outlined how Nebraska’s initiative process works and encouraged supporters to get involved.

State Sen. Anna Wishart (D), who’s been working with NMM on the effort and is scheduled to join the signature-gathering effort in Lincoln on Saturday, said in a statement that the proposal is “fundamentally about having compassion for people who are suffering.”

“I have talked personally about this issue with voters from dozens of counties across Nebraska, including some of the most rural parts of the state,” Wishart said. “There is an outpouring of grassroots support for this issue—regardless of someone’s political background or views on other issues.”

She and fellow Democratic Sen. Adam Morfeld said late last year that they would also work to put the question of legalizing marijuana for adult use before voters in 2022, but it’s not clear whether or not a recreational measure is still in the works.

Crista Eggers, signature drive director for Nebraskans for Medical Marijuana, told Marijuana Moment in June that the plan was to “hit the ground running on a mass scale” beginning this summer to gather signatures.

The group previously floated the idea of adding a short constitutional amendment into the mix that would simply declare people “in the state of Nebraska shall have the right to cannabis in all its forms for medical purposes.” But that plan was shelved in favor of the new twin measures.

Under last year’s blocked Nebraska medical cannabis initiative, physicians would have been able to recommend marijuana to patients suffering from debilitating medical conditions. Those patients would then have been allowed to possess, purchase and “discreetly” cultivate marijuana for personal use.

Each of the two newly unveiled ballot measures will need 87,000 signatures of support from registered voters to qualify for the 2022 ballot. By comparison, when Nebraskans for Medical Marijuana qualified its prior measure for the ballot—only to be thwarted by the court—they submitted nearly 200,000 signatures.

Looking ahead to 2022, Nebraska isn’t the only state where voters could see cannabis reform on the ballot.

Florida activists recently filed a ballot measure to legalize marijuana for adult use.

South Dakota marijuana activists are now ramping up for a signature gathering effort to put marijuana legalization on the 2022 ballot as the state Supreme Court continues to consider a case on the fate of the legal cannabis measure that voters approved last year.

New Hampshire lawmakers are pursuing a new strategy to legalize marijuana in the state that involves putting a proposed constitutional amendment on the ballot for voters to decide on in 2022.

Lawmakers in Maryland are also crafting legislation to place a marijuana legalization referendum on the 2022 ballot after the House speaker called for the move.

Ohio activists recently cleared a final hurdle to begin collecting signatures for a 2022 ballot initiative to legalize marijuana in the state.

Missouri voters may see a multiple marijuana initiatives on the state’s ballot next year, with a new group filing an adult-use legalization proposal that could compete with separate reform measures that are already in the works.

Arkansas advocates are collecting signatures to place adult-use marijuana legalization on the ballot.

Activists in Idaho are working to advance separate measures to legalize possession of recreational marijuana and to create a system of legal medical cannabis sales. State officials recently cleared activists to begin collecting signatures for a revised initiative to legalize possession of marijuana that they hope to place before voters on the 2022 ballot. Meanwhile, a separate campaign to legalize medical cannabis in the state is also underway, with advocates actively collecting signatures to qualify that measure for next year’s ballot.

After a House-passed bill to legalize marijuana in North Dakota was rejected by the Senate in March, some senators hatched a plan to advance the issue by referring it to voters on the 2022 ballot. While their resolution advanced through a key committee, the full Senate blocked it. However, activists with the group North Dakota Cannabis Caucus are collecting signatures to qualify a constitutional amendment to legalize cannabis for the 2022 ballot.

Oklahoma advocates are pushing two separate initiatives to legalize marijuana for adult use and overhaul the state’s existing medical cannabis program.

Wyoming’s attorney general recently issued ballot summaries for proposed initiatives to legalize medical marijuana and decriminalize cannabis possession, freeing up activists to collect signatures to qualify for the 2022 ballot.

And it’s not just marijuana measures that reform activists are seeking to qualify for state ballots next year. A California campaign was recently cleared to begin collecting signatures for an initiative to legalize psilocybin. And advocates in Washington State have announced plans to put a proposal to decriminalize all drug before voters.

Read the full text of the Nebraska medical cannabis ballot measures below:

Click to access nebraska-medical-cannabis-ballot-measures.pdf

Bill To Federally Legalize Marijuana Approved By Key House Committee

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.

Politics

Colorado Activists File Revised Ballot Initiatives To Legalize Psilocybin And Establish ‘Healing Centers’

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Colorado activists have filed revised versions of a pair of 2022 ballot initiatives to legalize psilocybin and create licensed “healing centers” where people can use the psychedelic for therapeutic purposes. The move comes as state lawmakers have introduced a separate bill to require a study into the efficacy of plant-based psychedelics.

The ballot measures—filed by Kevin Matthews, the campaign manager behind Denver’s historic 2019 vote to locally decriminalize psilocybin and entrepreneur Veronica Perez—are similar to earlier versions the advocates filed with the secretary of state’s office last month, with a few key changes concerning the rollout of the reform, promoting equity and possession limits.

For the original initiatives, the campaign was considering two options: one would have legalized a wide range of entheogenic substances including DMT, ibogaine and mescaline, as well as establish a regulatory model for psychedelics therapy. The other would have initially enacted the reform for psilocybin and psilocin alone.

But recognizing that regulators would be faced with an onerous task to set up rules for multiple psychedelics, activists decided to take a different approach with the new measures. For both, there would be a two-tiered regulatory model, where only psilocybin would be legalized and regulated for therapeutic use until June 2026, after which point regulators could expand the policy change to include other psychedelics that are listed in the proposal.

“We really wanted to make sure that the administration had time to set up a proper regulatory structure—first for psilocybin and then for any further natural medicines,” Rick Ridder of RBI Strategies, a spokesperson for the campaign, told Marijuana Moment on Monday.

The decision to add additional psychedelics to the program would be made by the Department of Regulatory Agencies in consultation with a Natural Medicine Advisory Board that would be established. The board would be comprised of 15 members, including people who have experience with psychedelic medicine in a scientific and religious context.

Another major change from the prior versions is that the revised initiatives do not contain explicit “allowable” possession limits—a provision that had garnered pushback from certain Colorado activists when the original measures were filed.

And unlike the last two versions of the initiatives, these new measures also include specific provisions meant to “ensure the regulatory access program is equitable and inclusive and to promote the licensing of and the provision of natural medicine services” for people who have been disproportionately impacted by drug criminalization, who face challenges accessing health care, have “traditional or indigenous history with natural medicines” and military veterans.

Those rules could involve, but are not limited to, reduced licensing fees, reduced costs for low-income people and an annual review of “the effectiveness of such policies and programs.”

“I think what this is is a giant step forward for mental health treatment in the state of Colorado,” Ridder said. “As we’ve looked at the results of research throughout the world, we’re seeing very promising data related to particularly healthy people with PTSD, with suicidal tendencies and end-of-life. And this is just an opportunity to bring that kind of natural medicine and medicinal help to citizens here in Colorado.”

The two new initiatives are nearly identical to each other, except that one contains a component specifically authorizing people to petition courts for record sealing for past convictions that would be made legal under the proposal.

Under the proposals, the Department of Regulatory Agencies would be responsible for developing rules for a therapeutic psychedelics program where adults 21 and older could visit a licensed “healing center” to receive treatment under the guidance of a trained facilitator.

This latest filing comes more than two years after Denver became the first city in the U.S. to decriminalize psilocybin mushrooms. Various activists, including those involved in the 2019 campaign, have signaled interest in building upon the reform.

The initiatives must still be assigned an official ballot title and summary from the state before they’re approved to begin signature gathering. The measures are scheduled to receive a review and comment hearing on February 3. If approved by state officials, activists will choose one of the measures to pursue and will then need to collect 124,632 valid signatures from registered voters to achieve ballot access.

The Colorado ballot initiatives seek to accomplish something similar to what California activists are actively pursuing. California advocates are in the process of collecting signatures for a ballot initiative to legalize psilocybin mushrooms in the state.

Meanwhile, in Colorado, Sen. Joann Ginal (D) and Rep. Alex Valdez (D) filed a modest bill last week to create a one-year plant-based medicine policy review panel that would be tasked with studying the “use of plant-based medicines to support mental health,” according to a summary. The ballot campaign is not affiliated with that legislative effort.


Marijuana Moment is already tracking more than 1,000 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 policy review panel shall submit a report on its findings and policy recommendations to the House of Representatives Public and Behavioral Health and Human Services Committee and the Senate Health and Human Services Committee, or any successor committees; the governor; and the Department of Human Services,” it says.

Meanwhile, legislative efforts to enact psychedelics reform are also underway in other states across the country.

For example, a bill to decriminalize a wide array of psychedelics in Virginia was taken up by a House of Delegates panel on Monday, only to be pushed off until 2023. But there’s still a separate but similar reform proposal that’s pending in the Senate.

Two Republican Oklahoma lawmakers recently filed bills meant to promote research into the therapeutic potential of psilocybin, and one of the measures would further decriminalize low-level possession of the psychedelic.

A GOP Utah lawmaker also introduced a bill last week that would set up a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

In Kansas, A lawmaker also recently filed a bill to legalize the low-level possession and cultivation of psilocybin mushrooms.

A Republican Missouri lawmaker introduced a bill this month to give residents with serious illnesses legal access to a range of psychedelic drugs like psilocybin, ibogaine and LSD  through an expanded version of the state’s existing right-to-try law.

California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.

In Michigan, a pair of state senators introduced a bill in September to legalize the possession, cultivation and delivery of various plant- and fungi-derived psychedelics like psilocybin and mescaline.

Washington State lawmakers also introduced legislation this month that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.

In Vermont, a broad coalition of lawmakers representing nearly a third of the House introduced a bill to decriminalize drug possession.

New Hampshire lawmakers filed measures to decriminalize psilocybin and all drugs.

Last year, the governor of Connecticut signed legislation that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) this month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.

Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

Photo courtesy of Dick Culbert.

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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Amazon Endorses GOP-Led Bill To Federally Legalize Marijuana

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Amazon, the second largest private employer in the U.S., is backing a Republican-led bill to federally legalize, tax and regulate marijuana.

The company’s public policy division said on Tuesday that it is “pleased to endorse” the legislation from Rep. Nancy Mace (R-SC), who filed the States Reform Act in November as a middle-ground alternative to more scaled back GOP proposals and wide-ranging legalization bills that are being championed by Democrats.

“Like so many in this country, we believe it’s time to reform the nation’s cannabis policy and Amazon is committed to helping lead the effort,” the company, which previously expressed support for a separate, Democratic-led legalization bill, said.

Amazon has worked to adapt to changing marijuana policies internally as it’s backed congressional reform, enacting an employment policy change last year to end drug testing for cannabis for most workers, for example.

Months after making that change—and following the introduction of the States Reform Act—Mace met with Amazon and received the company’s endorsement, Forbes reported.

“They don’t want to sell it,” the freshman congresswoman said, adding that Amazon is primarily interested in backing the reform for hiring purposes instead of as a way to eventually sell cannabis. “It opens up the hiring pool by about 10 percent.”

Brian Huseman, Amazon’s vice president of public policy, said the bill “offers comprehensive reform that speaks to the emergence of a bipartisan consensus to end the federal prohibition of cannabis.”

Amazon’s drug testing decision was widely celebrated by reform advocates and industry stakeholders. Initially, the company only talked about ending the policy going forward. But it later disclosed that the policy change would also be retroactive, meaning former workers and applicants who were punished for testing positive for THC will have their employment eligibility restored.

The reason for the move away from marijuana testing was multifaceted, Amazon said at the time. The growing state-level legalization movement has made it “difficult to implement an equitable, consistent, and national pre-employment marijuana testing program,” data shows that drug testing “disproportionately impacts people of color and acts as a barrier to employment” and ending the requirement will widen the company’s applicant pool.

The GOP congresswoman’s bill already has the support of the influential, Koch-backed conservative group Americans for Prosperity.

The measure would end federal cannabis prohibition while taking specific steps to ensure that businesses in existing state markets can continue to operate unencumbered by changing federal rules.

Mace’s legislation has been characterized as an attempt to bridge a partisan divide on federal cannabis policy. It does that by incorporating certain equity provisions such as expungements for people with non-violent cannabis convictions and imposing an excise tax, revenue from which would support community reinvestment, law enforcement and Small Business Administration (SBA) activities.

Marijuana Moment first reported on an earlier draft version of the bill in November, and it quickly became apparent that industry stakeholders see an opportunity in the Republican-led effort.

The reason for that response largely comes down to the fact that there’s skepticism that Democratic-led legalization bills—including the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that Amazon has also endorsed—will be able to pass without GOP buy-in. While Democrats hold majorities in both chambers, in addition to controlling the White House, the margins for passage are slim.

The MORE Act did clear the House Judiciary Committee in September, and a previous version passed the full House during the last Congress. Senate leadership is preparing to file a separate legalization proposal after unveiling a draft version in July.

Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

Photo courtesy of Max Pixel.

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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Virginia House Committee Pushes Back Psychedelics Decriminalization Bill Until 2023, But Senate Proposal Still Pending

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A bill to decriminalize a wide array of psychedelics in Virginia was taken up by a House of Delegates panel on Monday, only to be pushed off until 2023. But there’s still a separate but similar reform proposal that’s pending in the Senate.

Advocates were hopeful that a House Courts of Justice subcommittee would advance the reform, especially after an amendment from the sponsor was adopted to more narrowly apply decriminalization to medical practitioners and people using psychedelics in treatment with a practitioner.

But following some discussion of Del. Dawn Adams’s (D) bill, members approved a motion to carry it over to next year to give the legislature more time to refine it and build support. It was a disappointment for activists, and there was particular surprise that the delay motion was made by House Minority Leader Charniele Herring (D)‎, who is well known for championing marijuana legalization in the state.

Adams said in her opening remarks before the subcommittee that she has “spent considerable time hearing from researchers, meeting with both local and nationwide community advocates, speaking with veterans and personally reading dozens of publications and studies about the benefits of plant medicine.”

“What I’ve been able to learn is that there is strong evidence to support plant medicines—once thought dangerous—that really are effective and safe treatments,” she said.

There seemed to be some confusion among certain members about what the legislation would actually do.


Marijuana Moment is already tracking more than 1,000 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 member asked whether doctors would be able to prescribe psychedelics and whether the state would “see peyote stores and psilocybin stores basically popping up.”

The bill as amended wouldn’t legalize psychedelics for medical or recreational use. It would simply make it so practitioners and people participating in psychedelics treatment would face a $100 fine for possessing peyote, ibogaine, psilocybin or psilocyn. Currently, such possession is considered a Class 5 felony.

Any dollars collected from psychedelics possession violations would go to the state’s Drug Offender Assessment and Treatment Fund, which supports substance misuse treatment programs and drug courts.

But following testimony from advocates and researchers, Herring said that “there’s a lot of issues have been raised” and that she’d like to see a “prescription element” built into the legislation. Of course, because the psychedelics are federally controlled substances, doctors are precluded from prescribing them, but they could theoretically make recommendations, as is done in medical cannabis states.

In any case, the motion carried and that bill has now been set aside until next year. Now advocates are eager to see what happens with a separate, more limited reform measure that was considered in the Senate Judiciary Committee last week.

At that meeting, there was bipartisan support—including from the GOP minority leader—but also talk about making the decriminalization proposal more medically focused. The sponsor, Sen. Ghazala Hashmi (D), agreed to go back and make revisions so that the panel could reconsider it at a future meeting. The expectation was that it would be taken back up this week, but it’s not currently listed on the panel’s agenda for Wednesday.

The bill is scaled back compared to the House version because, as drafted, it would only decriminalize psilocybin and psilocyn by adults 21 and older. It’s unclear what kind of amendments the sponsor might offer when the committee takes up the legislation again.

At a recent virtual event organized by the reform group Decriminalize Nature Virginia, the sponsors of both bills participated as hosts, sharing their perspectives about the growing body of research indicating that psychedelics could be powerful tools to combat conditions like treatment-resistant depression and post-traumatic stress disorder (PTSD).

If the legislature does approve the legislation, it could face resistance from the state’s incoming Republican governor, Glenn Youngkin, who has expressed concerns about implementing a commercial marijuana market in line with what the Democratic legislature and outgoing governor approved last year.

These psychedelics reform proposals are some of the latest to be introduced in state legislatures this session as the decriminalization movement spreads.

For example, two Republican Oklahoma lawmakers recently filed bills meant to promote research into the therapeutic potential of psilocybin, and one of the measures would further decriminalize low-level possession of the psychedelic.

A GOP Utah lawmaker also introduced a bill last week that would set up a task force to study and make recommendations on the therapeutic potential of psychedelic drugs and possible regulations for their lawful use.

In Kansas, A lawmaker also recently filed a bill to legalize the low-level possession and cultivation of psilocybin mushrooms.

A Republican Missouri lawmaker introduced a bill this month to give residents with serious illnesses legal access to a range of psychedelic drugs like psilocybin, ibogaine and LSD  through an expanded version of the state’s existing right-to-try law.

California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.

In Michigan, a pair of state senators introduced a bill in September to legalize the possession, cultivation and delivery of various plant- and fungi-derived psychedelics like psilocybin and mescaline.

Washington State lawmakers also introduced legislation this month that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.

In Vermont, a broad coalition of lawmakers representing nearly a third of the House introduced a bill to decriminalize drug possession.

New Hampshire lawmakers filed measures to decriminalize psilocybin and all drugs.

Last year, the governor of Connecticut signed legislation that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.

At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) this month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.

Oklahoma Republicans File Bills To Decriminalize Psilocybin And Encourage Research On Medical Benefits

Photo elements courtesy of carlosemmaskype and Apollo.

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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