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New Hampshire Lawmakers Approve Marijuana Legalization

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The New Hampshire House of Representatives voted to legalize marijuana on Tuesday, just five days after the Trump administration moved to rescind federal guidelines protecting state cannabis laws.

Under the bill, which now moves to the state Senate, people over 21 years of age would be allowed to legally possess three-quarters of an ounce of marijuana and grow up to three mature cannabis plants at home. Retail sales locations would not be allowed.

The noncommercial approach is similar to a bill advancing in neighboring Vermont. There, the House passed a legalization measure on Thursday — the same day U.S. Attorney General Jeff Sessions tore up Obama-era marijuana guidance. That state’s Senate, which previously OKed similar legislation, is expected to give its final approval on Wednesday, and Gov. Phil Scott (R) has pledged to sign legalization into law.

The swift action by the two states represents a stunning rebuke to the Trump administration’s anti-cannabis move, which was also roundly slammed by dozens of members of Congress from both parties.

In New Hampshire, the House voted to amend a broader bill that would have allowed legal, taxed and regulated marijuana sales. The legislation, as introduced, was defeated in committee in November. Opponents argued that because a legislative study commission is currently examining how legalized marijuana commerce might work in the state, passing the bill now would be premature.

On Tuesday, supporters successfully moved a floor amendment to scale the proposal back to only legalize possession and home cultivation.

The vote on overturning the committee’s recommendation to kill the bill was 183 to 162. The body then amended the proposal to remove the commercialization provisions via a voice vote. Passage of the revised legislation was approved by a tally of 207 to 139.

While advocates had anticipated that the bill would move directly to the Senate after the House vote, leadership unexpectedly referred the legislation to the House Ways and Means Committee. Now, supporters must wait to see whether the panel will opt to hear the bill. It is possible that they may decline to do so, since it no longer contains provisions concerning regulations or taxes. If the committee takes action on the legislation it would necessitate another House floor vote before being sent to the other chamber.

Either way, the bill will face a tougher road to passage in the Senate, which has been where House-approved cannabis legislation has gone to die over the course of several years.

The House repeatedly approved bills to decriminalize possession of small amounts of marijuana in a number of sessions, for example, only to see those proposals consistently defeated in the other chamber. It wasn’t until last year that the support of newly elected Gov. Chris Sununu (R) provided a boost to the decriminalization effort and the bill passed both chambers and was enacted into law.

Now, advocates are working to expand on that victory by removing the fines that are assessed to adults possessing small amounts of marijuana, and add in legal home cultivation.

However, Sununu said on Tuesday that he doesn’t support the new proposal.

“Are you kidding?” he said. “We’re in the middle of one of the biggest drug crises the state has ever seen. To go to a full recreational marijuana when other states that are seeing all the problems it has in other states and seeing the issues it’s bearing, it’s definitely not something that I’m supportive of right now.”

Former Portsmouth Mayor Steve Marchand (D), who is running for governor this year, called Sununu’s comments “deeply disappointing.”

“When I am Governor in 2019, I will advocate for the legalization, regulation and taxation of cannabis for adult recreational use,” he said in a statement. “Doing so will lower costs for incarceration, courts and law enforcement.”

In 2014, the New Hampshire House became the first legislative chamber in U.S. history to approve a marijuana legalization bill, but it later died in the Senate.

poll from the University of New Hampshire conducted last year found that 68% of New Hampshire adults support legalizing marijuana.

Next door, in Vermont, Scott vetoed a marijuana legalization bill last year. But he then laid out a few small revisions he wanted legislators to make in order to garner his signature. The Senate quickly acted to make the requested changes, but the House wasn’t able to overcome procedural hurdles to pass the revised bill in time during a short special session over the summer. When lawmakers reconvened for the regular 2018 session last week, the House passed the bill and made another small change, necessitating Wednesday’s expected final Senate vote on sending the measure to Scott.

Advocates believe that New Jersey is also poised to end marijuana prohibition via the legislature this year as well. Phil Murphy (D), who will be sworn in as governor later this month, campaigned on full-scale commercial legalization, and the Senate president says he is ready to pass a bill.

A number of other states are expected to vote on ballot initiatives to legalize recreational or medical cannabis later this year.

This piece was first published by Forbes.

Politics

State Lawmakers Push Back On Federal Anti-Marijuana Moves

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This month the Trump administration tore up Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference.

But states aren’t taking the change sitting down.

On Monday, Vermont Gov. Phil Scott (R) is expected to sign into law a cannabis legalization bill that legislators in his state approved just hours after U.S. Attorney General Jeff Sessions rescinded the federal marijuana protections.

New Hampshire’s House of Representatives also approved a legalization bill days after the Sessions move.

And in a number of other states, lawmakers have filed legislation or resolutions forcefully pushing back on what they see as a federal attack on their marijuana policy prerogatives.

In Arizona, California, Massachusetts and Washington State, lawmakers are considering bills to prevent state and local officials from assisting federal agents in any actions against legal marijuana businesses, effectively making them “sanctuary states” for cannabis.

On Friday, Hawaii senators introduced a bill claiming that “federal scheduling of cannabis as a controlled substance does not apply to the medical use of cannabis in Hawaii because the medical use of cannabis in Hawaii is currently accepted medical use in treatment in the United States.”

It is unclear how the U.S. Department of Justice would react to the state measure, which obviously does not have the power to change marijuana’s status under federal law.

But the claim by Hawaii lawmakers — as well as the other state bills to strip the federal government of any help it might hope for in moving against marijuana businesses and consumers — are just a small number of examples showing that local elected officials are prepared to strenuously oppose any cannabis crackdown that Sessions may launch.

Several state legislatures are also considering nonbinding resolutions that express the will of lawmakers that Trump administration should not interfere with local cannabis laws.

For example, last week, Iowa representatives filed a resolution calling on the federal government to reschedule marijuana.

Pennsylvania senators introduced a measure asking Congress to change gun laws to protect the Second Amendment rights of medical cannabis patients.

In Michigan, a pending resolution urges Sessions to “respect the people of Michigan’s constitutionally-protected right to regulate medical marihuana at the state level,” adding: “if he fails to do so, we call upon the President of the United States to replace him with a successor who will more faithfully fulfill this constitutional duty.”

An Alaska measure asks the Trump administration to “forbear any federal interference in marijuana policy of states where marijuana has been legalized.”

In Illinois, lawmakers concerned with the marijuana industry’s banking access issues are pushing a resolution urging Congress to “amend federal law to provide immunity from federal prosecution and regulatory protections for financial institutions legally providing services to cannabis-related businesses, licensees, and consumers pursuant to applicable state law.”

A more modest South Carolina Senate resolution wants Congress to remove “federal statutory and regulatory barriers that prevent” research on marijuana.

Kentucky representatives filed a measure asking Congress to remove hemp from the Controlled Substances Act, prevent the Drug Enforcement Administration from sending “agents onto farms and other sites where hemp is being grown, stored, and processed” and instruct the Food and Drug Administration to “accelerate clinical trials and other research on the health effects of cannabidiol (CBD) and other cannabinoids found in hemp.”

Georgia representatives want the feds to “reclassify marijuana so that its medical benefits and effects may be further researched.”

A New Jersey resolution asks Congress to pass laws “that are fair and compassionate, permit states to set their own medical marijuana policies without federal interference, and make marijuana accessible to the millions of Americans who would benefit from its medicinal properties.”

A New Mexico representative wants his colleagues to approve a measure mandating that “formal request be made to the New Mexico congressional delegation to create new legislation protecting medicinal cannabis users in New Mexico from the threat of being sent to federal prison.”

California lawmakers already passed a resolution late last year urging federal legislators to reschedule marijuana “from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use and allowing for the legal commerce of marijuana or cannabis so that businesses dealing with marijuana or cannabis can use traditional banks or financial institutions for their banking needs.” Now, they are considering a separate measure sending a message to federal prosecutors that “the enforcement priorities of the United States Department of Justice should not be undeservedly placed on California’s lawful and closely regulated cannabis industry.”

The state bills and resolutions are just one lens through which to view the overwhelming unpopularity of the Trump administration’s move to undo state marijuana protections.

A large number of members of Congress from both parties also swiftly slammed the decision, and several national polls showed that voters strongly support the right of states to set their own cannabis laws without federal interference.

Bipartisan Lawmakers Push For Marijuana Protections In Funding Bill

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Politics

Rand Paul Pushes Marijuana Amendments On Funding Bill

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As Congress works to end a federal government shutdown that began at midnight on Friday, a Republican senator is trying to insert marijuana into the process.

Sen. Rand Paul of Kentucky has filed two far-reaching cannabis amendments that he wants to be part of a deal to reopen the government.

One measure would prevent the Justice Department from interfering with state recreational legalization and medical cannabis laws, a big concern in the wake of U.S. Attorney General Jeff Sessions’s recent rescission of Obama-era guidance that has generally allowed local marijuana policies to be implemented without federal harassment:

                                ______
                                 
  SA 1910. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by this Act to 
     the Department of Justice may be used, with respect to any of 
     the States of Alabama, Alaska, Arizona, Arkansas, California, 
     Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, 
     Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, 
     Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
     Montana, Nevada, New Hampshire, New Jersey, New Mexico, New 
     York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 
     Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, 
     Utah, Vermont, Virginia, Washington, West Virginia, 
     Wisconsin, and Wyoming, to prevent the State from 
     implementing State laws that authorize the use, distribution, 
     possession, or cultivation of marijuana on non-Federal lands 
     within the respective jurisdiction of the State.
                                 ______

 

Paul’s other amendment concerns the ability of banks to open accounts for marijuana businesses without running afoul of federal regulators:

                                ______
                                 
  SA 1909. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 195, to amend title 44, United States Code, to 
restrict the distribution of free printed copies of the Federal 
Register to Members of Congress and other officers and employees of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Department of Justice for activities that are 
     not in compliance with the February 14, 2014, Department of 
     Justice memorandum from James M. Cole, Deputy Attorney 
     General, entitled ''Guidance Regarding Marijuana Financial 
     Crimes'', and the memoranda incorporated therein.
                                 ______

 

A top Treasury Department official testified before senators this week that the Trump administration is currently weighing whether to tear up an Obama-era memo on cannabis banking in line with Sessions’s move to rescind the broader Justice Department guidance on state marijuana laws.

Feds Reviewing Marijuana Banking Protections

It is unclear if either of Paul’s amendments will actually be considered and voted on as part of a deal to re-open the federal government following the Friday shutdown.

The lapse in spending legislation has put medical cannabis patients and providers at greater risk because an existing protection preventing the Justice Department from undermining medical marijuana laws has now expired, but drug enforcement has not. Under a federal contingency plan, anti-drug agents and prosecutors are exempt from furlough.

If Congress passes another bill to fund the government, the medical cannabis protections will go back into effect through whatever date to which the legislation continues spending levels. People complying with broader full-scale marijuana legalization laws will remain at risk of federal enforcement actions, however, unless Paul’s relevant amendment is adopted.

Earlier this week, House leaders effectively blocked an amendment to protect state marijuana laws from federal interference from being considered on the floor.

Congress Misses Opportunity To Vote On Marijuana Amendment

Photo courtesy of Gage Skidmore.

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Marijuana Is Safer Than Alcohol, Tobacco Or Sugar, Americans Say In New Poll

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Americans think marijuana is less dangerous than alcohol, tobacco or sugar. That’s according to a new NBC News/Wall Street Journal poll released Friday.

When asked in a survey which substance is most harmful to health, 41 percent chose tobacco, 24 percent said alcohol and 21 percent flagged sugar.

Just nine percent believe cannabis is the most dangerous of the four options.

The poll also asked about American’s views on legalizing marijuana in their state, with 60 percent saying they would favor the policy.

When the news organizations polled the same question in 2014, 55 percent were on board.

The new numbers are in line with other recent polls showing growing support for ending cannabis prohibition.

In October, a Gallup poll found that 64 percent of Americans back legalizing marijuana.

Earlier this month, in the wake of the Trump administration’s decision to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws, three separate national polls found broad opposition to federal interference in local cannabis policies.

On Marijuana, Voters Want Feds To Butt Out Of State Laws, Polls Find

See the full NBC News/Wall Street Journal poll below:

18033 NBCWSJ January Poll (1!19!18 Release) by Carrie Dann on Scribd

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