After months of debate over the nuances of marijuana legalization legislation, New Jersey Gov. Phil Murphy (D) and leaders in the legislature have reached a broad agreement.
In a press release on Tuesday, the governor, Senate President Steve Sweeney (D), Assembly Speaker Craig Coughlin (D), Sen. Nicholas Scutari (D) and Assemblywoman Annette Quijano (D) announced the agreement and said that text of a bill to legalize cannabis for adult use will be released “in the coming days.”
That’s a welcome development for advocates, who had the benefit of a pro-legalization governor but worried that his concerns about aspects of legalization such as the tax rates and regulatory structures might derail the reform effort.
“Legalizing adult-use marijuana is a monumental step to reducing disparities in our criminal justice system,” Murphy said. “After months of hard work and thoughtful negotiations, I’m thrilled to announce an agreement with my partners in the Legislature on the broad outlines of adult-use marijuana legislation.”
I’m thrilled to announce an agreement with my partners in the Legislature – @NJSenatePres, @SpeakerCoughlin, @SenatorScutari and @AnnetteQuijano – on the broad outlines of legislation to legalize adult-use marijuana.
— Governor Phil Murphy (@GovMurphy) March 12, 2019
“I believe that this legislation will establish an industry that brings fairness and economic opportunity to all of our communities, while promoting public safety by ensuring a safe product and allowing law enforcement to focus their resources on serious crimes,” he said.
While Murphy initially called for a much steeper tax rate than his counterparts in the legislature, a compromise was reached to tax cannabis by weight, rather than by price. Under the agreement, there will be a $42 per ounce excise tax as well as additional local taxes for municipalities that opt to allow manufacturers, wholesalers or retailers.
In his annual budget proposal last week, the governor estimated that the state would collect $60 million in marijuana tax revenue for the 2020 fiscal year.
The agreement today on legalizing adult-use marijuana:
• Reduces disparities in our criminal justice system.
• Establishes an industry that brings opportunity to all communities
• Ensures a safe product
• Allows law enforcement to focus resources on serious crimes
— Governor Phil Murphy (@GovMurphy) March 12, 2019
“This plan will allow for the adult use of cannabis in a responsible way,” Sweeney said of the new deal. “It will create a strictly regulated system that permits adults to purchase limited amounts of marijuana for personal use. It will bring marijuana out of the underground market so that it can be controlled, regulated and taxed, just as alcohol has been since the end of Prohibition. This plan will also advance important social justice reforms to help reverse the discriminatory impact that drug laws have had on diverse communities.”
We’ve come to an agreement on the legalization of marijuana which marks a historic day in New Jersey and a historic day in the struggle to mitigate the impact of the war on drugs. Read more here: https://t.co/STYdK8dJ50
— Steve Sweeney (@NJSenatePres) March 12, 2019
Social equity will be a major feature of the legalization bill, the lawmakers emphasized. The legislation will establish a system to expedite the clearing of records for prior low-level cannabis convictions and also create a “virtual expungement process” that would prevent marijuana offenses from affecting things like education, house and occupational licensing.
“As much as we would want this to be automatic, it is functionally not possible,” Murphy said in response to questions about expungements at a press conference on unrelated gun issues on Tuesday. “You have an affirmative action an individual has to take, or in the absence of that a virtual expungement, meaning until that person takes that action, that crime cannot impair their ability—just as race, gender, religion cannot impair your ability—to get a job, to get an education, to get a license, et cetera.”
“It will address enormous social injustice in our system. And while that appears to be under the justice category, it has enormous implications for both the individuals who are finally freed from this prior charge but also for the rest of us. The economic impact, the societal impact, not just on those individuals, but on the rest of us, is potentially enormous.”
The joint announcement from Murphy and lawmakers said that “there are a number of provisions that aim to ensure broad-based participation in the industry for Minority and Women-Owned Business Enterprises (M/WBEs), low- and middle-income individuals, and disadvantaged communities across the state.”
“The agreement reached to legalize adult-use cannabis is the result of incredibly hard work by many people over many months,” Coughlin said. “Getting to this point wasn’t easy. We talked and we negotiated in good faith, but most importantly, we listened.”
“I want to thank Governor Murphy and Senate President Sweeney for their tireless efforts and willingness to compromise so we could put forth the most responsible legislation possible,” he said. “I believe this new, regulated industry will help boost our economy, but I’m particularly proud of the critical social justice components included in the bill.”
The statement from Murphy and the lawmakers doesn’t mention whether allowing people to grow their own marijuana at home is part of the deal.
Under the agreement, the state’s legal marijuana program would be regulated by a five-member Cannabis Regulatory Commission. Three of the members will be appointed by the governor without being subject to Senate confirmation, and two would be recommended by Sweeney and Coughlin.
“The prohibition on marijuana has long been a failed policy,” Scutari said. “This plan will bring an end to the adverse effects our outdated drug laws have had on the residents of our state.”
“As a regulated product legalized marijuana will be safe and controlled,” he said. “It is time to legalize adult use marijuana in New Jersey and this is a well crafted legal reform that will advance social policy in a fair and effective way.”
More details and actual legislative language are still to come, but the announcement offers the clearest look yet at how New Jersey’s legal cannabis system could take shape.
“This was not easy. We’re standing up an entire new industry, so not surprisingly, it took time,” Murphy said at the press conference. “I got there via the notion that in the yawning gaps of social injustice in our state, particularly among peoples who are incarcerated across racial lines.”
Coughlin predicted that a vote on a legalization bill could come on March 25.
— David Cruz (@CruzNJTV) March 11, 2019
Murphy, meanwhile, predicted that legal cannabis sales would be an “early next year reality.” He said it’s “too early for me to tell” whether there’s enough support to pass legalization in either chamber, but “I’m all in to help them get this over the goal line.
“We have to get the votes now. The Senate president, the speaker, myself, their teams—we have to collectively get the votes we need both in the Senate and the Assembly,” he said. “We’ll be working on this jointly.”
The news of a deal in New Jersey comes one day after Gov. Andrew Cuomo (D) of neighboring New York announced that he is not optimistic about the chances of including marijuana legalization in his state’s annual budget this year, as he initially proposed. He and lawmakers are saying that they still plan to pursue the issue in separate legislation, however.
Photo courtesy of Phil Murphy.
Lawmakers Mourn Loss Of Charlotte Figi, Whose Story Inspired National CBD Movement And Helped Change Policies
Advocates and lawmakers are mourning the loss of a young icon in the medical marijuana reform movement. Charlotte Figi, who showed the world how CBD can treat severe epilepsy, passed away on Tuesday at the age of 13 due to complications from a likely coronavirus infection.
Across social media, people are sending their support to the Figi family and sharing anecdotes about how Charlotte’s battle against Dravet syndrome—and the success she demonstrated in treating it with the cannabis compound—changed hearts and minds. Her impact has been felt across state legislatures and in Congress, where her story was often told as a clear example of why laws prohibiting access to cannabidiol needed to change.
The domino effect Charlotte’s story helped set off—with states, particularly conservative ones, passing modest reform bills for CBD access—paved the path for a successful congressional rider that ended up protecting more far-reaching medical cannabis programs across the U.S., advocates say.
Rep. Matt Gaetz (R-FL), who has become one of the leading GOP champions for broad marijuana reform on Capitol Hill, said he was personally influenced by Charlotte and, as a state lawmaker in 2014, her story motivated him to support legislation to reform Florida’s medical cannabis policies.
Charlotte lived a life of tremendous significance. Her story inspired me to completely change my views on medical cannabis and successfully pass legislation so that patients could get help in Florida.
I’m so sad she is gone, but the movement she has ignited will live forever. https://t.co/e0IO0BM6Bg
— Matt Gaetz (@mattgaetz) April 8, 2020
“Charlotte lived a life of tremendous significance. Her story inspired me to completely change my views on medical cannabis and successfully pass legislation so that patients could get help in Florida,” the congressman said. “I’m so sad she is gone, but the movement she has ignited will live forever.”
Sen. Cory Gardner (R-CO), another top marijuana reform advocate who has raised the issue directly with President Trump on several occasions, wrote that Charlotte “made a positive and everlasting change in the world by the age of 13, and her inspirational courage will always be remembered.”
Charlotte changed the way the nation thinks about #CBD through her grace and advocacy. We should honor her by fixing our federal cannabis laws as soon as possible.
Rest in Peace, Charlotte.
— Cory Gardner (@SenCoryGardner) April 8, 2020
“Charlotte changed the way the nation thinks about CBD through her grace and advocacy,” he said. “We should honor her by fixing our federal cannabis laws as soon as possible.”
Florida state Rep. Rob Bradley (R) agreed with the sentiment, writing that “Charlotte Figi was a bright, beautiful light that changed how our state and country views cannabis. I am saddened to hear that this sweet soul has left us.”
Charlotte Figi was a bright, beautiful light that changed how our state and country views cannabis. I am saddened to hear that this sweet soul has left us. https://t.co/lg4tj2bcHn
— Rob Bradley (@Rob_Bradley) April 8, 2020
In Illinois, state Rep. Bob Morgan (D) said Charlotte, who is the namesake of one of the most well-known CBD brands, Charlotte’s Web, “singlehandedly transformed how the world viewed medical cannabis and children with epilepsy.”
Charlotte Figi singlehandedly transformed how the world viewed medical cannabis and children with epilepsy.
She suffered so much so that others would not have to. May her memory be a blessing. https://t.co/r4d0nHeR5C
— Bob Morgan (@RepBobMorgan) April 8, 2020
“She suffered so much so that others would not have to,” he said. “May her memory be a blessing.”
Pennsylvania state Sen. Daylin Leach (D) also said Charlotte “inspired me to get involved in the cannabis movement” and “showed the world that Cannabis is medicine and the trail she blazed has helped millions.”
This is incredibly sad. #CharlotteFigi journey inspired me to get involved in the #cannabis movement. She showed the world that Cannabis is medicine and the trail she blazed has helped millions. The world will miss you Charlotte. https://t.co/8uQ3Wehfjx
— Daylin Leach (@daylinleach) April 8, 2020
“The world lost a fighter,” Missouri Attorney General Eric Schmitt, who previously advocated for CBD reform as a state senator, said. “Charlotte Figi-who helped inspire passage of CBD Oil legislation for epilepsy treatment nationwide-passed away. I worked w/her mom/others in 14 in MO. My speech in the Senate was a tribute to her, June Jesse, my son & many others.”
The world lost a fighter. Charlotte Figi-who helped inspire passage of CBD Oil legislation for epilepsy treatment nationwide-passed away. I worked w/her mom/others in 14 in MO. My speech in the Senate was a tribute to her, June Jesse, my son & many others.https://t.co/LlMi8bOq0u
— Eric Schmitt (@Eric_Schmitt) April 8, 2020
Beyond championing a successful CBD bill in Florida, Charlotte’s family also captivated national audiences and became a household name in the reform movement. Her story was featured on a popular CNN documentary, “Weed,” hosted by Sanjay Gupta, that introduced people from diverging political ideologies to an issue that’s since become a focus of legislation across the country.
A bipartisan congressional bill named after her—the Charlotte’s Web Medical Access Act—was first introduced in 2015.
But while that standalone legislation didn’t advance, the growing number of state-level policy changes that were inspired by Charlotte and other young patients could help to explain why Congress, including members who oppose legalization, has consistently supported a budget rider that prohibits the Justice Department from interfering in state-legal medical cannabis programs. It was first approved in 2014—after repeatedly failing on the House floor—and has been renewed each year since.
With CBD-only states included on an enumerated list of those that would be protected from legal action, it became increasingly difficult for lawmakers to defend voting against a measure to prevent federal harassment of their own constituents. Support from more conservative-minded Democrats and a handful of Republicans, including those from states that had recently enacted or were debating their own CBD laws, allowed the amendment to narrowly advance for the first time when it had been handily defeated two years earlier.
Alabama, Florida, Iowa, Kentucky and South Carolina stand out as examples of states where cannabis reform came online between those votes and where support for the measure also increased among their congressional delegations.
The measure as approved by Congress and first signed into law law President Obama, has given explicit protection from federal prosecution not just to people complying with limited CBD-focused state laws but also medical cannabis growers, processors and retailers in states with more robust policies such as California and Colorado (though it does not protect recreational marijuana businesses or consumers).
“Charlotte Figi personalized this issue in a way that few others have, and her story humanized the medical cannabis fight to such a degree that many politicians could no longer ignore it,” Paul Armentano, deputy director of NORML, told Marijuana Moment. “There is little doubt that Charlotte’s story, arguably more than any other, paved the way for politicians in several southern and midwestern states to finally move forward to recognize the need for CBD, and in some cases, whole-plant cannabis access.”
Don Murphy, director of federal policies for the Marijuana Policy Project, said even opponents of cannabis legalization “can’t say ‘no’ to young mothers pushing sick kids in strollers,” referencing the many other patient advocates who helped usher the reform to victory.
“There’s no doubt it helped move the debate in our direction,” he said. “Truth is, I was once told that CBD hurt our effort [for broader reform]. I don’t think so.”
A person writing on behalf of the family on Tuesday said that “Charlotte is no longer suffering” and will be forever seizure-free.
Image element courtesy of Paige Figi.
FBI Policy On CBD Use By Agents Is ‘Under Review’
The Federal Bureau of Investigation (FBI) is apparently looking into changing internal policy when it comes to the use of CBD products by its agents and other employees, the agency said on Tuesday.
While workers are prohibited from using marijuana—and applicants can be disqualified for consuming cannabis within the past three years—it seems FBI is open to loosening rules for the non-intoxicating cannabis compound, which has become more widely available since hemp was federally legalized under the 2018 Farm Bill, creating a massive market for its derivatives.
During a Q&A on Twitter, FBI’s Newark office was asked two marijuana-related questions. One person wanted to know why the agency says “you cannot use marijuana within 3 years of applying, even with a medical card/prescription.”
“The policy regarding CBD oil is currently under review,” FBI replied. “Check the other eligibility requirements.”
Q8: Why does the FBI state you cannot use marijuana within 3 years of applying, even with a medical card/prescription?
A8: The policy regarding CBD oil is currently under review. Check the other eligibility requirements.
— FBI Newark (@FBINewark) April 7, 2020
The overall thread was about questions people had about the process of becoming a special agent, so it’s not clear if the CBD policy is being reevaluated for applicants only regarding past use, or if any change would cover active agents as well. Marijuana Moment reached out to FBI and its Newark division for clarification, but representatives did not respond by the time of publication.
Another person asked whether the three-year cannabis abstinence requirement applies to positions other than special agents and FBI said: “Yes, that policy applies to all positions within the FBI.”
Q24: Is it 3 years of no marijuana use for other positions other than Special Agents too?
A24: Yes, that policy applies to all positions within the FBI.
— FBI Newark (@FBINewark) April 7, 2020
The simple fact that FBI fielded multiple marijuana questions while promoting recruitment seems to speak to a point that the agency’s former director, James Comey, made in 2014. He suggested that he wanted to loosen the agency’s employment policies as it concerns marijuana, as potential skilled workers were being passed over due to the requirement.
“I have to hire a great work force to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” he said at the time.
Last year, FBI said it wanted the public to send tips on illicit activity in state-legal marijuana markets, stating that restrictive licensing policies could open the door to corruption.
While FBI’s CBD policy is in review, other federal agencies—particularly for within the military—have strongly discouraged or outright banned its use.
The Department of Defense made clear that CBD is off limits for service members.
The Navy told its ranks that they’re barred from using CBD regardless of its legal status.
And the Coast Guard said last year that sailors can’t use marijuana or visit state-legal dispensaries.
Meanwhile, NASA said that CBD products could contain unauthorized THC concentrations that could jeopardize jobs if employees fail a drug test.
The Substance Abuse and Mental Health Services Administration issued guidance to federal agency drug program coordinators last year, expressing concern about excess THC in CBD products, which seems to have prompted the various departments to clarify their rules.
The Department of Transportation took a different approach in February, stating in a notice that it would not be testing drivers for CBD.
While much of the CBD found in markets across the U.S. is largely unregulated, as the Food and Drug Administration is in the process of developing rules for the compound, a CBD-based prescription medication for epilepsy was entirely removed from the Controlled Substances Act this week, which should lead to easier access for patients.
Photo by Kimzy Nanney.
People Could Still Be Denied These Jobs Over Marijuana Use Under New York City Drug Testing Exemptions
New York State might not be legalizing marijuana this year, in large part due to complications from the coronavirus outbreak, but at least many of those still in the workforce in New York City won’t risk being denied jobs over a positive THC test thanks to a local law that goes into effect next month. And now a city commission is proposing regulations on who exactly will be protected from pre-employment cannabis testing.
The New York City Commission on Human Rights proposed a rule, which was published in The City Record on Tuesday, that
When the City Council first approved the legislation—which was enacted without Mayor Bill de Blasio’s (D) signature last year—it included language carving out exceptions from the prohibition on testing for those applying to certain jobs such as police officers and people charged with supervising or caring for children, as well as positions “tied to a federal or state contract or grant.”
The law, which goes into effect starting May 10, also exempts jobs with “the potential to significantly impact the health or safety of employees or members of the public.”
To that end, these new proposed regulations from the commission seek to explain exactly what constitutes such a position.
Here’s who would still be subject to pre-employment drug testing under the proposal:
1) People in jobs that require them to regularly be on active construction sites,
2) those who regularly operate heavy machinery,
3) those who regularly work with power or gas utility lines,
4) those who use a motor vehicle on approximately a daily basis and
5) those for whom impairment “would interfere with the employee’s ability to take adequate care in the carrying out of his or her job duties and would pose an immediate risk of death or serious physical harm to the employee or to other people.”
“These broad, vague exceptions—which include anyone who drives daily—make no more sense than requiring anyone who ever drives a car to permanently abstain from alcohol,” Karen O’Keef, state policies director with the Marijuana Policy Project, told Marijuana Moment. “Cannabis stays in one’s system for over a month, so a positive test has nothing to do with if a person is impaired at work. The only exception that should apply is when federal law or contracts require pre-employment drug screening.”
The commission also clarified in the proposed rule that “a ‘significant impact on health and safety’ does not include concerns that a positive test for tetrahydrocannabinols or marijuana indicates a lack of trustworthiness or lack of moral character.”
A public comment period is now open for people to weigh in. Feedback will be accepted until April 16, the day the commission is scheduled to hold a hearing on the issue.
In addition to passing the pre-employment cannabis testing ban last year, the City Council also approved resolutions to make it so simple cannabis possession alone doesn’t warrant the removal of a child from a guardian and to require the New York Department of Health to create hospital drug testing regulations for pregnant women or those giving birth, “including informing patients of their rights before any discussion of drug use or drug testing.”
Advocates have celebrated the modest reform victories, but the sting of a defeat on statewide legalization is still fresh. While Gov. Andrew Cuomo (D) included legal cannabis in his budget proposal earlier this year and repeatedly insisted that the policy change be pursued through that vehicle, he said over the weekend that the prospect is “effectively over” for 2020.
Lawmakers in favor of legalization had signaled that might be the case as the state grappled with the COVID-19 pandemic, forcing them to shift legislative priorities. That said, there is a revised legalization bill that was recently introduced which could theoretically be taken up later this year if lawmakers opt to reconvene.
This story was updated to include comment from MPP.
Photo courtesy of Chris Wallis // Side Pocket Images.