The New Hampshire legislature is set to once again take up the issue of marijuana legalization this session—but this time, there’s a new strategy that lawmakers hope will overcome challenges they’ve previously faced.
A bill filed last week would allow adults 21 and older to possess and gift up to three-fourths an ounce of cannabis, and they could grow up to six plants. Missing from the legislation is a commercial sales element, which was intentionally left out to bolster its chances of passage.
That means the proposal would essentially mirror the current marijuana model of neighboring Vermont, which became the first state to enact a legal cannabis system through the legislature in 2018. While there are no recreational marijuana shops in the state, adults are allowed to grow their own and possess it for personal use.
The new legislation in New Hampshire—which has eight sponsors, including three Republicans—has been referred to the House Criminal Justice and Public Safety Committee, where it’s scheduled to get a hearing on January 23.
“It’s a bipartisan bill, and we’re hoping to advance it through the House and through the Senate and to, at the very least, put an end to criminalizing the possession and cultivation of cannabis in New Hampshire,” Rep. Renny Cushing (D), a cosponsor of the legislation who has previously been the chief sponsor of broader legalization bills, told Marijuana Moment in a phone interview on Monday.
“We see this as an incremental step toward commercialization,” he said.
The text of the bill states that New Hampshire residents are in favor of reform, numerous states have enacted legal cannabis systems and allowing adults to “cultivate their own limited supply of cannabis will provide them with an alternative to buying cannabis from illicit drug dealers.”
It also outlines penalties for violating the measure. For example, adults who possess marijuana in excess of the allowable amount will face a misdemeanor charge.
Because the legislation would not provide for commercial cannabis sales, advocates are hopeful that it will win over the support of legislators who opposed past reform efforts due to issues with provisions such as the tax rate on retail marijuana products.
“Our opponents have dug in very deeply on the concept of portraying any regulated sale of cannabis as being commercialization, the next Big Tobacco, all of the [prohibitionist group Smart Approaches To Marijuana] talking points,” Matt Simon, New England political director at the Marijuana Policy Project, told Marijuana Moment. “We wanted to get back to the basics of what’s really resonated in New Hampshire—the criminal justice reform, civil liberties type of arguments that adults should not be punished for using cannabis or growing a small amount of cannabis.”
“From the perspective of the goal being end prohibition, regulate and tax, it’s just another increment along the way,” he said. “But we’re looking at it as a very important goal in and of itself to stop punishing adults in New Hampshire for behavior that’s legal in every neighboring jurisdiction.”
It remains to be seen whether Gov. Chris Sununu (R), who signed a modest decriminalization measure into law in 2017 but said he’d veto commercial legalization proposals, will be more amenable to the scaled-down approach.
Cushing said legislators “don’t know how the governor will respond” at this stage.
“In the past, he’s been opposed to it. But I think what we’re seeing is an evolution on the part of many people of their thinking when it comes to cannabis policy,” he said. “If the bill gets to his desk, we hope the governor would sign it—or perhaps the governor would just let the bill become law without his signature. But that’s still a few months to go.”
Simon pointed to Sununu’s veto of a medical cannabis homegrow bill last year as a “pretty clear indication that he may veto this bill as well.” However, advocates are “going to try to put it on his desk and make him have to make that decision.”
“The goal is to continue building consensus in the legislature, trying to get to the point where we would have an opportunity to win this year, but we recognize that the odds are against winning this,” he said. “But it’s an election year so we’re going to try to pull off an upset.”
“I think the most important thing is that New Hampshire should not be an island of prohibition,” he added. “We’re literally surrounded by jurisdictions where it’s legal for adults to possess cannabis and there’s no justification whatsoever for the Live Free or Die State to be maintaining prohibition.”
A full tax-and-regulate marijuana legalization bill did pass the House of Representatives last year. But after receiving a hearing in the Senate Judiciary Committee, it ultimately stalled and died. That was one of several marijuana legalization measures that have advanced in the legislature in recent sessions without having enough bicameral support to cross the finish line.
In Vermont, where the noncommercial legalization law has been in effect since July 2018, legislative leaders are working to add a system of regulated and tax sales and production in the 2020 session.
Photo courtesy of Nicholas C. Morton.
Oregon Psilocybin Initiative Gets Boost From New TV Ad But Draws Opposition From Unlikely Source
An Oregon ballot initiative to legalize psilocybin for therapeutic purposes is getting a boost from a nonprofit veterans group’s new TV ad. But meanwhile, the campaign is seeing pushback from an unexpected source.
On the one side, the Heroic Hearts Project—which helps connect veterans to entheogenic-based healing and provides complementary counseling—is airing an advertisement in the state that highlights the therapeutic potential of taking psilocybin in a clinical setting.
The 30-second spot doesn’t explicitly mention the reform measure that will appear on Oregon’s November ballot, but it could help inform how voters approach that question when they head to the polls nonetheless. According to the group, it will play on television frequently enough that the average viewer should see it about seven or eight times.
Here’s the script of the ad:
“As a scientist, I’m impressed by the research. Major universities findings show psilocybin therapy can be effective for depression and anxiety.
It’s plant medicine [the Food and Drug Administration] calls breakthrough therapy, meaning it can be an improvement over available options.
The psilocybin therapy program: Research-based with patient safety top of mind, strictly regulated.
We’re in a mental health crisis. The science is real, the restrictions smart. Psilocybin therapy: Healing, providing hope.”
Heroic Hearts Project is largely focused on the plant ayahuasca. But the group says psilocybin is another treatment option that’s shown promise in mitigating symptoms of post-traumatic stress disorder.
“In Oregon and across the country there has been a big decriminalization movement, there’s been a big push to do similar to what we’re doing but also allow for access within the U.S. because there’s a lot of people that understand the power and the efficacy of these treatments,” Jesse Gould, founder of the organization, told Marijuana Moment.
“Within Oregon, there is this historic opportunity where they’re trying to create licensed and regulated psilocybin and therapy—and there’s a lot of veterans in Oregon—so just having that availability of it in a place that they can rely on, that they know it’s safe, is a tremendous value to the veterans in Oregon,” he said. “I think it will also be a model for other states and other localities to adopt it.”
Again, the ad doesn’t explicitly promote the psilocybin legalization initiative that will appear on Oregon’s November ballot—but there has been a strong push from a wide range of experts and advocates to pass the historic measure. The Oregon Democratic Party also formally endorsed the psychedelic therapy proposal earlier this month.
“Oregonians are suffering from the most severe mental health crisis in the country,” Sam Chapman, campaign manager for the psilocybin measure, told Marijuana Moment. “We know that if we want to help terminally ill cancer patients, veterans, and so many others who are struggling to combat depression and anxiety due to COVID, we need a licensed and regulated system that people can trust.”
But while these developments could help bolster the campaign, there’s also been surprising dissent from certain psychedelics reform advocates who argue that the proposed legal therapeutic model for psilocybin would threaten equitable access to entheogens.
Decriminalize Nature (DN), the group advancing a localized psychedelics decriminalization movement across the country, is urging Oregonians to vote “no” on the initiative.
“M109 threatens equitable access by not ending the prohibition of personal use and establishing supremecy [sic],” DN said in a tweet.
DN groups in OR are taking a No position on the Oregon Psilocybin Service measure. M109 threatens equitable access by not ending the prohibition of personal use and establishing supremecy. Therefore, in solidarity with our local groups in Oregon, we share this with our DN network https://t.co/Q8cqJF7iPh
— Decriminalize Nature (@DecrimNature) September 30, 2020
The group’s Portland chapter, which said earlier this year that it would pursue psychedelics decriminalization through the City Council, announced last week that it’s now against the psilocybin measure and declining to endorse a separate proposal to decriminalize possession of all currently illicit drugs and fund treatment services that will also appear on the state’s ballot.
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Decrim Nature Oregon Groups Encourage No on M109 Oregon Psilocybin Services Measure . . DN Nature lovers, When Oregon first created it’s statewide initiative, decriminalization language was included and all signatures were accounted for. After a sizeable donation, the #Oregon Psilocybin Service measure removed the decriminalization language thereby continuing the prohibition of psilocybin mushroom gathering, growing, or having an experience in the safety of one’s own home. Negotiations broke down with the key sponsor of this initiative last week to ensure the protection of equitable access to entheogenic plants for the most vulnerable. M109 threatens this due to sections that do nothing to end the prohibition of personal use and also establishes statewide supremacy. Therefore, Decrim Nature groups in Oregon are taking a No position on the Oregon Psilocybin Service measure. In solidarity with our local groups in Oregon, we share this with our DN network.
DN Portland said they are “advocating that all people who care about ensuring access to entheogenic medicines for all people regardless of financial status, those who care about protecting these medicines from the profit motives of capital, and those who wish to see big money removed from the equation of psychedelic medicines.”
David Bronner, CEO of the soap company Dr. Bronner’s, has helped finance a slew of marijuana and psychedelics reform campaigns for years, including the psilocybin legalization initiative. Private messages that DN decided to release show the executive expressing concern about certain internal politics within the movement, including disputes between DN and the Indigenous Peyote Conservation Initiative about including peyote within the scope of decriminalization measures.
In a blog post, he wrote that Dr. Bronner’s “is fully committed to the Decriminalize Nature (DN) movement, but have recently lost faith in its national leadership.” Regardless, “we still fully support regional DN campaigns such as DC’s effort to decriminalize plant medicines.”
In turn, DN alleged that Bronner “is resorting to divide and conquer tactics to control the Decriminalize Nature movement. ”
Under the Oregon psilocybin ballot measure, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.
Rep. Earl Blumenauer (D-OR) told Marijuana Moment in January that he was in favor of the psilocybin reform proposal and that he would be working to boost the campaign as the election approaches. Last month, he wrote in an email blast that passing the measure is necessary “because it tackles an important issue in our community, mental health, and it does so in an innovative and responsible way.”
The campaign behind the separate drug decriminalization and treatment funding initiative recently released its first ad urging Oregonians to support it.
Photo courtesy of Wikimedia/Mushroom Observer.
Colorado Governor Grants Thousands Of Marijuana Pardons With New Clemency Powers
The governor of Colorado on Thursday signed an executive order granting nearly 3,000 pardons for people convicted of possession one ounce of less of marijuana.
Pursuant to a new law that he signed in June, Gov. Jared Polis (D) made the pardons on the first day the policy took effect. While the law gives him authority to grant clemency for cases of possession of up to two ounces, his office explained that he limited it to one ounce because that’s the legal possession limit under Colorado’s cannabis program.
“We are finally cleaning up some of the inequities of the past by pardoning 2,732 convictions for Coloradans who simply had an ounce of marijuana or less,” Polis said in a press release. “It’s ridiculous how being written up for smoking a joint in the 1970’s has followed some Coloradans throughout their lives and gotten in the way of their success.”
Thank you to @repjamescoleman, Sen. Julie Gonzales (@SenadoraJulie), and Sen. @VickiMarble for sponsoring this historic bill. Rep. @leslieherod and Rep. Jonathan Singer (@Singer4BoCo) were also champions of passing this legislation.
— Governor Jared Polis (@GovofCO) October 1, 2020
Convictions impacted by the governor’s action range from those that took place in 1978 though 2012.
“Too many Coloradans have been followed their entire lives by a conviction for something that is no longer a crime, and these convictions have impacted their job status, housing, and countless other areas of their lives,” he added. “Today we are taking this step toward creating a more just system and breaking down barriers to help transform people’s lives as well as coming to terms with one aspect of the past, failed policy of marijuana prohibition.”
The new law allows the governor to use his clemency power for cannabis offenses without consulting with prosecutors and judges involved in the cases, as is typically required under statute.
“For the individuals pardoned in this Executive Order, all rights of citizenship associated with the pardoned conviction are restored in full without condition,” the order states. “All civil disabilities and public sufferings associated with the pardoned conviction are removed.”
People who are eligible for the pardons don’t have to do anything to clear their own records; it’s automated, and individuals can check a website to see if they’ve been processed.
Those who have municipal marijuana convictions, or who were arrested or given a summons, don’t qualify for the pardon. The action only applies to state-level convictions.
A frequently asked questions document states that while Polis has declined for now to use the full extend of his pardon power by applying it to people with convictions of up one to two ounces, the “administration will continue to evaluate” cases that could receive clemency. A representative from the governor’s office did not immediately respond to a question from Marijuana Moment about whether plans are imminent to expand the pardon pool.
The governor’s action also calls on the state Department of Public Health to “develop a process to indicate on criminal background checks which individuals’ convictions have been pardoned pursuant to this Executive Order.”
Colorado isn’t alone in pursuing opportunities to enact marijuana-focused restorative justice policies.
In June, more than 15,000 people who were convicted for low-level marijuana possession in Nevada were automatically pardoned under a resolution from the governor.
Polis told Westword that beyond the practical benefits of having these records cleared, the move is “also symbolically important, because it shows that as a state and nation, we’re coming to terms with the incorrect discriminatory laws of the past that penalized people for possession of small amounts of marijuana.”
Photo courtesy of Martin Alonso.
Marijuana Arrests Decline Nationally For First Time In Four Years, FBI Data Shows
Marijuana arrests in the U.S. declined in 2019 for the first time in four years, a new federal report shows.
While many expected the state-level legalization movement to reduce cannabis arrests as more markets went online, that wasn’t the case in 2016, 2017 or 2018, which each saw slight upticks in marijuana busts year-over-year. But last year there was a notable dip, the data published this week shows.
There were a total of 545,601 marijuana arrests in 2019—representing 35 percent of all drug arrests—according to FBI’s Uniform Crime Reporting program. That’s down from 663,367 the prior year and 659,700 in 2017.
Put another way, police across the country made a cannabis bust every 58 seconds on average last year. Of those arrests, 500,394 (92 percent) were for possession alone.
“A decline in cannabis related arrests is better than seeing an increase for a fourth year in a row, but the amount of these arrests is still abhorrent,” Marijuana Policy Project Executive Director Steve Hawkins told Marijuana Moment. “There is no reason to continue punishing adults for consuming a substance that is less harmful than alcohol. Arresting adult cannabis consumers has a dramatically disproportionate impact on communities of color, is a massive waste of law enforcement officials’ time and resources and does nothing to improve public health or safety.”
Overall, arrests for drug sales, manufacturing and possession amounted to 1,558,862 for the year—approximately 15 percent of all busts reported to FBI from local and state law enforcement agencies. That’s one new drug case every 20 seconds.
Before 2016, the country had seen a consistent decline in marijuana arrests for roughly a decade. It should be noted, however, that not all local police participate in the federal agency’s program, so these figures are not holistic.
Nonetheless, this data shows that American law enforcement carried out more arrests for marijuana alone than for murder, rape, robbery, burglary, fraud and embezzlement combined.
“At a time when a super-majority of Americans support marijuana legalization, law enforcement continues to harass otherwise law abiding citizens at an alarming rate,” NORML Political Director Justin Strekal told Marijuana Moment. “Now is the time for the public to collectively demand that enough is enough: end prohibition and expunge the criminal records to no longer hold people back from achieving their potential.”
While there’s no solitary factor that can explain the recent downward trend in cannabis cases, there are one-off trends that could inform the data. For example, marijuana possession arrests fell almost 30 percent in Texas from 2018 to 2019, and that seems to be connected to the legalization of hemp and resulting difficulties police have had in differentiating the still-illegal version of the cannabis crop from its newly legal non-intoxicating cousin.
At the federal level, prosecutions for marijuana trafficking declined in 2019, and drug possession cases overall saw an even more dramatic decline, according to a report published by the U.S. Sentencing Commission in March.
Federal prosecutions of drug-related crimes increased in 2019, but cases involving marijuana dropped by more than a quarter, according to an end-of-year report released by Supreme Court Chief Justice John Roberts in December.
A study released by the Cato Institute in 2018 found that “state-level marijuana legalization has significantly undercut marijuana smuggling.”