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New Hampshire Lawmakers Could OK Legal Marijuana This Week

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Much attention has been paid to the prospects for ending marijuana prohibition this year in Vermont and New Jersey. But another state has a shot to advance a cannabis legalization bill through its legislature — and it could happen this week.

The New Hampshire House of Representatives is expected to consider the issue after the legislature reconvenes for the year on Wednesday.

The 400-member body’s calendar for that day includes HB 656, a marijuana legalization bill that was rejected by a divided Criminal Justice and Public Safety Committee in November.

But supportive members of that panel are planning to amend the bill on the floor in a way they believe gives it a chance of passing and advancing to the Senate.

As introduced, the bill would create a full system of legal, taxed and regulated cannabis sales. Opponents say that because a legislative study commission is currently examining how legalized marijuana commerce could one day work in the state, passing the legislation now would be premature.

So pro-legalization lawmakers will move to scale back the legislation to allow only low-level possession and home cultivation.

That approach would be similar to legislation that neighboring Vermont’s lawmakers and governor are expected to enact this month.

Vermont Will Legalize Marijuana Within Weeks, Officials Indicate

Matt Simon, the Marijuana Policy Project’s New England political director, predicted in an email to Marijuana Moment that there will be “significant debate” on the issue this week.

Here’s what to expect, according to Simon:

“First, the House will vote on whether to uphold the committee’s ‘inexpedient to legislate’ motion, which passed in a vote of 13-7. I think there’s a good chance the committee will be overturned (as has happened many times on marijuana bills dating back to 2008). If that happens, the minority of the committee will get to make its case for an amendment that would simply legalize possession and cultivation. If the House votes to adopt the amendment, the next motion will be ‘ought to pass’ as amended.

“If that all happens, since the tax component will have been removed, the bill presumably won’t need to go to a second committee — it would head straight to the Senate, where it would have to at least receive a public hearing in committee.”

Passage in the Senate would be far from assured, but the House victory would amount to significant early progress at the start of a year that advocates believe will bring about several big wins for cannabis in states across the country.

These States Are Likely To Legalize Marijuana In 2018

In New Hampshire, the House repeatedly approved legislation to decriminalize possession of small amounts of cannabis over the course of several years, only to see those bills consistently defeated in the Senate.

It wasn’t until last year that the support of newly elected Gov. Chris Sununu (R) provided a boost to the decrim effort and the bill passed both chambers and was enacted into law.

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

“The minority of the committee believes the war on pot is over,” Rep. Frank Sapareto (R) wrote in a summary of arguments in favor of the bill from Criminal Justice and Public Safety Committee members who support it. “The minority supports the home-grow option of three immature and three mature plants.”

Simon, of the Marijuana Policy Project (MPP), said the bill “would have to be considered a longshot in the Senate.”

“However, if the House passes HB 656 in any form, it will rightly be viewed as one more nail in the coffin of marijuana prohibition in New Hampshire,” he said. “The most recent poll indicates that 68% of Granite Staters believe marijuana should be legalized, and 2018 is an election year, so I won’t be surprised if more and more legislators decide to evolve on the issue.”

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.

MPP is asking supporters in New Hampshire to contact their representatives about this week’s cannabis vote.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he serves as chairman of the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Voters In Key Congressional Districts Support Marijuana Legalization, Poll Says

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With many key congressional races rated as “toss ups” by political observers, either major party could end up controlling of the U.S. House of Representatives after this November’s midterm elections.

A new poll identifies one thing that can help Republican or Democratic candidates come out ahead: Embracing marijuana legalization.

The polling firm Lake Research Partners surveyed 800 likely 2018 general election voters in 60 so-called “battleground districts,” finding that 60 percent support ending cannabis prohibition. Only 36 percent are opposed.

Medical marijuana is even more popular, with 79 percent of voters in these swing districts on board.

More to the point for politicians looking to win elections, the survey showed that 44 percent of battleground voters say they would be more more likely to vote for a candidate who supports legalization, including 26 percent who say they would be “much” more likely. Only 33 percent said they would be less likely to back a pro-legalization candidate.

The survey was conducted in February but is being released on Tuesday at Washington, D.C. event sponsored by MedMen Enterprises, a cannabis dispensary chain that commissioned the poll.

Another key finding is that 55 percent of voters say they would be “more likely” to vote if a marijuana initiative was on the ballot in their state.

The survey also tested the effectiveness of various arguments concerning legalization, determining that “the strongest pro-legalization message frame highlights how we need legalization to repair the financial and moral damage of the failed war on drugs,” according to a polling memo prepared by the firm.

Several other recent national polls have found majority support for marijuana legalization, but the new results narrowed down to key swing districts are likely to warrant special attention from candidates and political operatives.

Support for Marijuana Legalization At Record High, New Survey Shows

Photo courtesy of Chris Wallis // Side Pocket Images.

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Congressional Committee Blocks Marijuana Votes (Again)

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Lawmakers on a key congressional committee once again blocked colleagues in the full House from being able to vote on marijuana-related amendments.

One proposed measure, filed last week, would have allowed Washington, D.C. to legally tax and regulate retail marijuana sales and another would have prevented federal regulators from penalizing federal banks from working with businesses and individuals in the legal cannabis industry.

But on Monday evening, the Republican-controlled Rules Committee, led by Congressman Pete Sessions (R-TX), continued its recent tradition of preventing floor votes on any and all measures to scale back federal cannabis prohibition.

“Everyone who knows that Congress has a responsibility to at least debate these issues should unite and help Pete Sessions find another line of work,” Congressman Earl Blumenauer (D-OR), who cosponsored both cannabis measures, told Marijuana Moment in a statement.

Sessions’s Texas district, which Hillary Clinton won in 2016, is currently considered a “toss up” by political analysts in this November’s midterm elections.

Before Monday, his panel had blocked at least 34 other cannabis-related amendments from reaching the floor for votes during the current Congress. The full House of Representatives has not been allowed to consider marijuana reform proposals since the spring of 2016.

Analysis: GOP Congress Has Blocked Dozens Of Marijuana Amendments

Bipartisan groups of lawmakers cosponsored both new cannabis measures, which they were seeking to attach to legislation to fund parts of the federal government through Fiscal Year 2019.

(A third marijuana-related measure considered on Monday proposes shifting money away from forest and rangeland research toward “eradicating, enforcing, and remediating illegal marijuana grow operations on National Forest System land.” That measure was cleared for a floor vote, likely sometime this week.)

“Our federal laws are outdated. The people in this country want the law to treat marijuana as we do alcohol,” Congressman Denny Heck (D-WA), said in testimony about his marijuana banking amendment. “These large sums of cash make dispensaries an obvious target for robberies.”

He recounted the story of Travis Mason, a 24-year-old Marine veteran who was killed during a 2016 robbery at a Colorado marijuana dispensary where he was serving as a security guard.

“He managed to survive his service in the United States Marine Corps, but he didn’t survive his job guarding a store here at home,” Heck said.

“If we do nothing, this is bound to happen again.”

The D.C. measure was filed by Democratic Congresswoman Eleanor Holmes Norton, who represents the District of Columbia.

“This rider has unintentionally benefited violent drug gangs,” Norton said of current policy in her testimony before the Rules Committee. “For that reason, some refer to it as the ‘Drug Dealer Protection Act.’ As one marijuana dealer told the Washington Post, the rider is ‘a license for me to print money.’ Regulating marijuana like alcohol would allow D.C., instead of drug dealers, to control production, distribution, sales and revenues.”

Under a ballot measure approved by D.C. voters in 2014, low-level marijuana possession and home cultivation is legal. But because of an ongoing federal appropriations rider enacted in past years and included in the new FY19 bill, local officials have been prevented from adding a system of taxed and regulated cannabis sales.

Congressman Jared Polis (D-CO), a member of the Rules Committee, specifically moved during the meeting Monday night to make the amendment on cannabis businesses’ access to banks in order for a floor vote, but that was defeated by a party-line vote of 8 – 2.

The marijuana banking measure had 22 cosponsors, more than any of the 276 other measures the Rules Committee considered this week. Eighty-seven amendments were cleared for floor consideration.

Congress Could Vote On These Marijuana Amendments Next Week (Unless GOP Blocks Them Again)

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Sen. Jeff Merkley “Disappointed” That Democrats Blocked His Marijuana Banking Amendment

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One of the U.S. Senate’s foremost champions for marijuana law reform says he is “disappointed” that fellow Democrats recently joined with Republicans in blocking his amendment to increase cannabis businesses’ access to banks.

Last month, Sen. Jeff Merkley (D-OR) offered a measure that would have shielded banks that open accounts for state-legal marijuana businesses from being punished by federal regulators for that activity even though cannabis remains illegal under federal law.

While the Senate Appropriations Committee had approved two similar amendments in previous years, the panel this time voted to table the measure with a bipartisan vote of 21 – 10, with ranking member Sen. Patrick Leahy (D-VT) and other Democrats who normally support marijuana reform objecting on procedural grounds.

“I was disappointed,” Merkley said in an interview with BuzzFeed editor Ben Smith on Monday. “We had passed this twice before.”

“We need to establish banking for cannabis because a cash economy is an invitation to money laundering and theft and cheating your employees and cheating on your taxes [and] organized crime. All bad.”

“I accompanied the owner of a company who had $70,000 in his backpack to pay quarterly taxes,” Merkley recounted in response to the cannabis banking question on Monday, which was suggested to BuzzFeed by Marijuana Moment’s editor. “It’s so bizarre going down the freeway and talking about how they have to pay their employees in cash, have to pay their suppliers in cash. It’s a bad system.”

“Everyone should agree: States’ rights on this. Let the states have an electronic system to track what these businesses are doing, not billions of dollars floating around like this.”

Despite his disappointment with the measure being blocked, the Oregon Democrat, who is believed to be considering a 2020 presidential run, said that his colleagues “had a fair point to make on the policy front” in tabling the measure.

At the time, Leahy argued that spending bills such as the one before the committee should be kept “free of new controversial policy riders” and that a more appropriate forum would be an authorizing committee that sets banking laws.

“It wasn’t existing policy and therefore it was new policy,” Merkley acknowledged in the new interview.

But he pointed out that there are few other avenues available for senators to pursue the issue.

“Here’s the thing. Normally we could take these policy bills like I was putting forward [and] you could put it on the floor of the Senate as an amendment to something,” he said. “In 2017, outside of the budget process, not a single amendment was considered on the floor of the Senate… This is the end of the Senate really as a deliberative body on policy. So if you’re blocked in the Appropriations Committee, and you’re blocked on the floor, then it’s very hard to put ideas out there and say, ‘Hey vote on this. This matters.'”

The House Appropriations Committee also defeated a cannabis banking amendment last month.

See the video of Merkley’s remarks at about 19:15 into the clip below:

Photo courtesy of Senate Democrats.

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