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Nebraska Medical Marijuana Advocates Reveal Updated 2022 Ballot Strategy Featuring Two Separate Initiatives

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Activists in Nebraska unveiled a new strategy this week in their effort to legalize medical marijuana through the ballot box next year, announcing that they’ll seek to qualify a pair of complementary initiatives to put before voters.

The bifurcated approach is an effort to avoid running afoul of the state’s single-issue rule for citizen initiatives, a policy led the state Supreme Court last year to invalidate a medical cannabis legalization measure that had qualified for the 2020 general election.

A separate effort in the legislature this session stalled when supporters failed to muster enough votes to overcome a GOP-led filibuster.

In the aftermath, Nebraskans for Medical Marijuana said in June that the group was drafting multiple, complementary ballot initiatives in addition to an extremely short constitutional amendment that would simply declare people “in the state of Nebraska shall have the right to cannabis in all its forms for medical purposes.”

But the group now tells the Lincoln Journal Star it will scrap that pared-down language in favor of two separate statutory initiatives that would “work in unison”: One would direct the legislature to pass a bill establishing legal protections for patients and doctors around cannabis, while the other would require lawmakers to pass legislation allowing private companies to produce and sell medical marijuana products.

State Sen. Anna Wishart (D), who also co-chairs Nebraskans for Medical Marijuana, told the paper that the two-pronged approach was designed to withstand legal challenges.

“Our main goal is putting in place language that we feel absolutely confident in,” Wishart said, “that we have looked at every type of potential challenge could come and we feel we have addressed it.”

The senator also introduced a medical marijuana legalization bill during the state’s legislative session, but opponents defeated it. Wishart and Sen. Adam Morfeld (D) announced in December that they would also work to put the question of legalizing marijuana for adult use before voters in 2022. It’s not clear if a recreational measure is still in the works or not.

Nebraska’s attorney general said in an opinion in 2019 that efforts to legalize medical marijuana legislatively in the state would be preempted by federal law and “would be, therefore, unconstitutional.”

Nebraskans for Medical Marijuana has been working on the new petitions with help from advocates at the Marijuana Policy Project (MPP), ACLU of Nebraska and other organizations, Wishart told the Journal Star.

Jared Moffat, campaigns manager for MPP, told Marijuana Moment in an email Monday that the new language is now being carefully vetted “and opponents are going to have a much harder time keeping it off the ballot in 2022.”

“Opponents of cannabis policy reform are realizing that it’s almost impossible for them to win at the ballot box,” he said. “As a result, we’re seeing more attempts to overturn the will of the people through legal technicalities and direct assaults on the initiative process itself. Nebraskan patients learned this the hard way last year, but the families and patients fighting for medical cannabis in the state are not going to simply give up when their loved ones’ lives are on the line.”

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 to qualify the previously announced short constitutional measure. Those efforts will now presumably be put toward the new two-pronged statutory effort.

“This time around, we are absolutely making sure that everything is very solid and there are no holes in anything and nothing the opposition can use in the future to try to overturn things,” Eggers said.

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

The text of the two new proposals for 2022 is still being finalized.

In a Facebook chat with activists last week, Eggers said the team is “very close to having the petition language ready to file” and that lawyers are vetting the provisions to make sure the opposition doesn’t have vulnerabilities to exploit.

“We can’t take any shortcuts,” she said.

When Nebraskans for Medical Marijuana qualified that measure for the ballot—only to be thwarted by the court—they submitted nearly 200,000 signatures. Eggers said there’s lasting frustration among voters, including those who may not have been especially impassioned about the issue itself, that the court unilaterally prevented them from acting on the proposal.

She also noted that reform efforts underway in surrounding states will serve the campaign by creating regional momentum and pressure.

Even if activists do collect enough petitions to qualify any of the measures, however, they’re expected to face a challenge at the polls. Midterms generally see lower turnout compared to presidential election years, and those who do vote in off-years have traditionally been less supportive of cannabis reform.

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

Advocates in Oklahoma are preparing two complementary ballot initiatives, one that would legalize adult-use cannabis and another that would make changes to the state’s massive medical marijuana system.

Meanwhile a pair of Wyoming reform initiatives—one to decriminalize marijuana possession and another to legalize medical cannabis—recently cleared an initial hurdle on the path to qualifying for that state’s 2022 ballot.

Idaho officials have 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. Advocates in the state are also working to qualify a separate measure to legalize medical cannabis for ballot access.

In South Dakota, activists last month filed four separate cannabis ballot measures for 2022.

North Dakota activists are formulating plans for a marijuana legalization measure after lawmakers failed to enact the reform this session.

A group of Missouri marijuana activists recently filed several separate initiatives to put marijuana reform on the state’s 2022 ballot, a move that comes as other advocacy groups are preparing additional efforts to collect signatures for cannabis ballot petitions of their own. Meanwhile, still other activists are focusing on getting the legislature to pass a resolution to place the question of legalization before voters next year.

Arkansas activists are currently collecting signatures for a marijuana legalization measure they want to put before voters next November.

In Maryland, the House speaker has pledged to pass legislation to place a marijuana legalization referendum on the 2022 ballot.

Ohio activists awaiting official clearance to collect signatures for a statewide ballot measure that would effectively force the legislature to consider cannabis reform. Meanwhile, other groups also recently qualified several measure to decriminalize cannabis to appear on local 2021 ballots.

A newly established Texas progressive group unveiled a campaign last month to put an initiative to decriminalize marijuana possession and ban no-knock warrants on this November’s ballot in Austin.

Advocates are also working to put marijuana initiatives on local ballots in South Carolina and West Virginia.

Meanwhile, the Florida Supreme Court has blocked two cannabis legalization initiatives for which activists had already collected thousands of signatures.

Former Anti-Marijuana Congressman And Top Trump Health Official Joins Cannabis Company Board, Documents Show

Photo courtesy of Philip Steffan.

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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Seattle City Council Takes First Step Toward Decriminalizing Psychedelic Plants And Fungi

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A Seattle City Council committee considered a resolution on Friday that would decriminalize a wide range of activities around psychedelic drugs, including cultivation and sharing with others, by declaring those activities among the city’s lowest law enforcement priorities.

The council’s Public Safety and Human Services Committee heard comments from the proposal’s supporters, including Councilmember Andrew Lewis and the advocacy group Decrim Nature Seattle. While the panel did not vote on the draft resolution, Councilmember Lisa Herbold, who chairs the committee, said the full City Council will likely take up the measure in coming weeks.

“Hopefully the city—as tends to be the case on many impactful progressive issues in the state of Washington—can lead the way on setting the table for an important conversation many communities around the country are having,” Lewis, who introduced the measure, said at the meeting.

As introduced, the proposed resolution expresses the City Council’s support for what it calls “full decriminalization” around psychedelics used “in religious, spiritual, healing, or personal growth practices.” It would apply to plants or fungi that contain substances “including, but not limited to” psilocybin mushrooms, ayahuasca, igoba and mescaline, though it would not include the peyote cactus.

If adopted, the resolution would declare “that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities…should be among The City of Seattle’s lowest enforcement priorities” and request that the Seattle Police Department “move towards the formal codification and adoption of that practice as departmental policy.”

It would further express the council’s intent to analyze the city’s municipal “to determine what changes would be necessary to protect from arrest or prosecution individuals who cultivate entheogens.” Those changes would be made through a subsequent city ordinance.

It’s already city policy neither to detain nor arrest individuals caught with psychedelics, nor to confiscate those substances, the resolution says—the result of a state Supreme Court decision earlier this year. But other activity, including cultivation and distribution, remain punishable by arrest and incarceration.

Supporters say there are compelling reasons to expand decriminalization beyond simple possession: The resolution points to the disproportionate impact of the drug war on people of color and low-income communities, calling decriminalization “an effort to begin to correcting the irreparable harm.” It also acknowledges the emerging potential of psychedelics, in conjunction with therapy, to treat a variety of mental health conditions, including depression and anxiety, post-traumatic stress disorder (PTSD), end-of-life anxiety, substance use-disorder and others.

The resolution was inspired in part by the City Council’s interest in reducing opioid-related deaths. In June, Lewis Herbold formally asked a task force to examine “public policy governing psychedelic medicines” as a way to combat the overdose epidemic. Late last month, the task force came back with recommendations that the city decriminalize psychedelics and consider removing criminal penalties around all drugs.

At the same time, the advocacy group Decrim Nature Seattle (DNS) has been lobbying the council to make the policy change around plant- and fungi-derived psychedelics. The group began its work two years ago, and in May it submitted a draft ordinance to Lewis’s office at the councilmember’s request. Members have also appeared regularly at council meetings to urge the policy change.

Lewis told Marijuana Moment this month that it’s his “personal goal” to introduce an ordinance to decriminalize psychedelics by the end of this year. “And frankly, if there’s sort of a consensus and there’s lightning in a bottle, I don’t think it’s inconceivable that an ordinance could be passed this year,” he said. “I think it’s actually pretty reasonable.”

In an email to Marijuana Moment ahead of Friday’s committee meeting, Tatiana Luz Quintana, DNS’s co-director and co-chair of education and outreach, said the group expects the resolution “will prepare the council to spend time creating a work plan to address full decriminalization, meaning possession, cultivation, social sharing (non-monetary exchange) and community-based healing and ceremony.”

“The implications of this policy change would be long lasting,” Quintana said. “Within Seattle, after these reforms, many people who operate in the underground will be more free to advertise their services. Decriminalization will also promote a consciousness shift in the public, increasing exposure to conversations around psychedelics, helping to break the ice and break down stigmas, and create an environment ripe for integrating these substances into our culture.”

DNS said the change will allow Seattle to establish best practices, including around education and community-based healing. Advocates also presented to the City Council committee a sign-on letter in support of decriminalization signed by more than 40 area healthcare professionals.

The policy change would not apply to peyote, which is excluded from its definition of entheogens due to the cactus’s special cultural significance to certain Native American peoples and the ongoing effort to protect the plant. Peyote matures slowly and is currently categorized by conservationists as “vulnerable” after an uptick in illicit harvesting. The cactus, native to Mexico and parts of the American Southwest, has no federal protection in the U.S., while in Mexico it can be harvested legally only by Indigenous groups.

Both the city resolution and the opioid task force recommendations also call for psychedelics reform at the state level. The resolution says the city’s Office of Intergovernmental Relations add to its agenda for the 2022 legislative session “support for full decriminalization of entheogens at the state level, including the drafting of legislation that could be sponsored by a state legislative representative.”

Like much of the rest of the country, Washington State is contemplating major changes in how it treats drug use. Earlier this year, lawmakers considered legislation that would have removed all penalties for possession of relatively small, “personal use” amounts of drugs and instead invested in treatment and recovery services. While that bill died in committee, lawmakers from both parties acknowledged at the time that the state’s drug control apparatus was broken.

Shortly thereafter, the state Supreme Court overturned Washington’s felony law against drug possession completely, sending lawmakers scrambling to replace the law. Ultimately they approved a modest reform, reducing the state’s felony charge for drug possession to a misdemeanor and earmarking more money for treatment.

Earlier this month, advocates announced a push to put a measure on Washington’s 2022 ballot that would decriminalize all drugs and invest state money in treatment and recovery.

Jurisdictions across the country are increasingly removing or reducing penalties around drug possession and consumption, especially when it comes to psychedelics. Since Denver in 2019 became the first U.S. city to decriminalize psilocybin mushrooms, a number of states and municipalities have made similar changes to dismantle the drug war.

Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.

Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.

In California last week, activists were cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.

Detroit currently stands to become one of the next major cities to decriminalize psychedelics, with the reform proposal making the local ballot for this November.

Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month. Advocates have also introduced a reform resolution to the Grand Rapids City Council.

Massachusetts cities that have enacted the policy change include Northampton, Somerville and Cambridge. In July, state lawmakers heard testimony about a bill to create a task force charged with studying the implications of legalizing psychedelics like psilocybin and ayahuasca.

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

Texas also recently enacted a bill to require the state study the medical benefits of psychedelics for military veterans.

A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

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.

Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.

In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.

NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.

There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee this week.

In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.

Read the full Seattle psychedelics decriminalization resolution below:

Click to access seattle-pychedelics-decriminalization-resolution.pdf

House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

Photo courtesy of Wikimedia/Mädi.

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House Committee Will Vote On Federal Marijuana Legalization Bill Next Week, Days After Banking Reform Advances

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A bill to federally legalize marijuana will be voted on by the House Judiciary Committee next week, the panel announced on Friday.

The development comes one day after the House voted in favor of a defense spending bill that includes an amendment that would protect banks that service state-legal cannabis businesses from being penalized by federal regulators.

Judiciary Committee Chairman Jerrold Nadler’s (D-NY) Marijuana Opportunity, Reinvestment and Expungement (MORE) Act will receive a markup on Wednesday. The panel will consider a dozen pieces of legislation during the meeting, according to a press release. That includes his bill to “decriminalize marijuana federally and invest in communities that have been disproportionately harmed by the War on Drugs,” Nadler said.

“Many of these bills were reported out of the committee and passed by the full House of Representatives last Congress, and I look forward to working with all my colleagues once again to get these bills through Congress and on to the president’s desk,” the chairman said.

Nadler’s cannabis legislation passed the House last year but did not advance in the Senate under GOP control. This time around, advocates are optimistic that something like the chairman’s bill could be enacted now that Democrats run both chambers and the White House, and as more states are moving to enact legalization.

The legislation would remove marijuana from the Controlled Substances Act (CSA), allow people with cannabis convictions to have their records expunged and create a federal tax on marijuana with the revenue going to support community reinvestment and other programs.

It also contains language to create a pathway for resentencing for those incarcerated for cannabis offenses, protect immigrants from being denied citizenship over marijuana and prevent federal agencies from denying public benefits or security clearance due to its use.

“We are excited to see Chairman Nadler and House leadership move forward once again with passing the MORE Act,” Justin Strekal, political director of NORML, said. “Public support and state-policy demand for repealing federal marijuana criminalization has never been higher and Congressional action on this legislation is long overdue. The days of federal marijuana prohibition are numbered.”

There’s been some contention between advocates and stakeholders on which reform should come first: the bipartisan banking legislation that’s cleared the House in some form five times now or the comprehensive legalization bill that passed the chamber for the first time late last year.

Legalization advocates do want to see legislation from Rep. Ed Perlmutter (D-CO) become enacted, as there are public safety problems caused by all-cash businesses and it would take an important step toward normalizing the growing industry. But social equity-minded activists argue that advancing the incremental reform first would mainly benefit large marijuana businesses without addressing the harms of cannabis criminalization.

The fate of the banking proposal will likely be decided in conference with the Senate, which has not included the policy change in its National Defense Authorization Act (NDAA) and where key lawmakers have insisted that they will push for broader reform before allowing the incremental change to be enacted.

Separately, Senate Majority Leader Chuck Schumer (D-NY), Finance Committee Chairman Ron Wyden (R-OR) and Sen. Cory Booker (D-NJ) are also leading the charge on a legalization bill in their chamber. But weeks after a public comment period on a draft version of the proposal closed, finalized text has yet to be formally filed—and it’s far from certain that Schumer will be able to find enough votes to advance the comprehensive reform through his chamber.

It should be noted that President Joe Biden remains firmly opposed to adult-use marijuana legalization. While he supports more modest reforms such as decriminalizing cannabis, expunging prior records and letting states set their own marijuana policies, there’s an open question about whether he would be moved to sign a broad bill like the MORE Act or the Senate legalization legislation should such a proposal reach his desk.

With respect to the MORE Act, the latest version does not include language that was added just before last year’s House floor vote that would have prevented people with previous cannabis convictions from obtaining federal permits to operate marijuana businesses. That was a contentious provision that appeared at the last minute and which advocates strongly opposed.

And whereas the the prior version of the legislation contained language to help economically disadvantaged people enter the legal marijuana market, that language was revised to extend Small Business Administration (SBA) aid—such as loans, financial literacy programs and job training—to help people who have been harmed by the war on drugs pursue business opportunities in any industry, not just cannabis.

Advocates are encouraged by the new revisions to the bill, but there are still additional components they hope to see changed as it goes through the legislative process. For example, they also took issue with provisions added to the MORE Act prior to last year’s vote that would have stipulated that cannabis can still be included in drug testing programs for federal workers.

The current version of the MORE Act has 66 cosponsors, including seven lawmakers that signed on this week. All are Democrats.

Separately, a proposal to federally deschedule marijuana that does not include social equity components was filed by a pair of Republican congressmen in May.

Feds Fund Study Into Whether Psilocybin Can Help People Quit Smoking Cigarettes

Photo courtesy of Philip Steffan.

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More Banks Say They’re Working With Marijuana Businesses, Federal Report Shows As Lawmakers Advance Reform

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The number of banks and credit unions reporting that they work with marijuana businesses ticked up last quarter, according to new federal data.

As of June 30, there were 706 financial institutions that had filed requisite reports saying they were actively serving cannabis clients. Thats up from 689 in the previous quarter but still down from a peak of 747 in late 2019.

Via FinCEN.

The new figures released by the Financial Crimes Enforcement Network (FinCEN) come amid a congressional push to protect banks and credit unions that work with the cannabis industry from being penalized by federal regulators.

While there’s 2014 FinCEN guidance in place meant to help financial institutions navigate the space, lawmakers want to enact clear, statutory protections. And that would be accomplished through House-passed standalone legislation, or an amendment that was attached to a defense spending bill this week.

Until then, there’s still reluctance within the banking sector when it comes to servicing businesses that work with a Schedule I controlled substance, and that’s reflected in the relatively low number of depository institutions that actually follow the guidance and take on cannabis clients.

Last year saw a significant and consistent drop in the number of banks and credit unions that reported having marijuana accounts, but those figures began to stabilize this year.

“Short-term declines in the number of depository institutions actively providing banking services to marijuana-related businesses (MRBs) may be explained by filers exceeding the 90 day follow-on Suspicious Activity Report (SAR) filing timeframe,” FinCEN, which is part of the Treasury Department, said. “Several filers take 180 days or more to file a continuing activity report. After 90 days, a depository institution is no longer counted as providing banking services until a new guidance-related SAR is received.”

Past reports from the agency had noted that it stopped including hemp-only businesses in its quarterly reports since the crop was federally legalized under the 2018 Farm Bill, which could account for at least some of the drop depicted in earlier data, but that language does not appear in this latest report.

Also, FinCEN didn’t mention the potential impact of the coronavirus pandemic on marijuana banking trends this time.

As of the end of last quarter, there were 518 banks and 188 credit unions reporting active marijuana clients, according to the federal agency.

Via FinCEN.

When it comes to the prospects of enacting cannabis banking reform, stakeholders are encouraged by the inclusion of the Secure and Fair Enforcement (SAFE) Banking Act in the must-pass National Defense Authorization Act (NDAA) and hope that will be the vehicle to finally provide safeguards to the financial sector.

But while the issue is bipartisan, the proposal will face challenges in the Senate, where key leaders have insisted that comprehensive legalization should advance first before lawmakers enact a policy change that’s viewed as principally favorable to the industry.

Sen. Cory Booker (D-NJ), for example, has said that he “will lay myself down” to block any other senators who seek to pass marijuana banking legislation before the body approves comprehensive cannabis reform like the federal legalization bill he unveiled alongside Senate Majority Leader Chuck Schumer (D-NY) and Senate Finance Committee Chairman Ron Wyden (D-OR).


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.

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He said he is optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing the legalization legislation.

“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”

“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”

Most Kansas City Government Workers Will No Longer Face Pre-Employment Marijuana Tests Following City Council Vote

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