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.
Kentucky GOP Congressman Touts ‘High Hemp IQ’ Of His Constituents
Rep. James Comer (R-KY) says that he proved his political advisors wrong when he decided to champion hemp legalization.
When he served as Kentucky’s Agriculture Commissioner before joining Congress and first contemplated “making hemp a reality,” he was told that people would conflate the crop with marijuana and he’d face a backlash, Comer said during an interview that aired this week.
“They said the people of Kentucky will never know the difference. They’ll think you’re talking about marijuana and you’re done,” he said during the Kentucky Educational Television appearance. “You can’t be a Republican and do this.”
“But people in Kentucky are smarter than some people give us credit for, and the people in Kentucky knew the history of hemp,” he said, noting that his own grandparents cultivated the crop.
“We have a high hemp IQ in Kentucky, and people across America are now learning the difference between hemp and marijuana.”
One of the areas that Comer said he hopes to see expanded is the use of hemp fibers to create products such as furniture and car parts. He mentioned one example of a Kentucky company that’s creating hardwood flooring out of hemp, and House Agriculture Committee Chair Collin Peterson (D-MN) is going to tour that facility with him soon.
Shortly before becoming the panel’s chair, Peterson said he was considering growing hemp on his own farm.
Most of the existing hemp facilities in Kentucky are producing CBD oil, which Comer said he also takes to treat minor pain.
While hemp and its derivatives were federally legalized under the 2018 Farm Bill, businesses are still awaiting guidelines from the U.S. Department of Agriculture (USDA) and the Food and Drug Administration (FDA). And that regulatory uncertainty has led some financial institutions to deny credit lines to hemp companies.
To that end, Comer said he and Senate Majority Leader Mitch McConnell (R-KY) are working closely to resolve the problem. That includes pushing for the Secure And Fair Enforcement (SAFE) Banking Act, which would protect banks that service state-legal cannabis businesses from being penalized by federal financial regulators.
“We teamed up with the marijuana people in the states,” Comer said.
Watch Comer’s hemp comments, starting around 5:30 into the video below:
“They’ve legalized marijuana. They’re selling marijuana. They’re not allowed to deposit the cash. They’re not allowed to take credit card transactions at those marijuana stores,” he said. “We have worked with them to try to create a system where you can have financial transparency, and that bill is making its way through Congress now.”
The SAFE Banking Act was approved by the House Financial Services Committee in March. And on Tuesday, the Senate Banking Committee took advocates by surprise after it announced that it would hold a hearing on marijuana banking issues next week, with just days left before the August recess.
Separately, the Senate Agriculture Committee will meet to discuss hemp production two days later.
McConnell has been an especially vocal advocate for hemp and CBD. For example, he led the head of USDA on a tour of a Kentucky hemp facility that produces CBD oil earlier this month.
Comer also claimed in the new interview that large pharmaceutical companies feel threatened by hemp-derived CBD as more consumers gravitate toward it as a “natural supplement” that could be a substitute for prescription painkillers.
“Now what you are having up here in Washington as we speak, the big drug companies are like, ‘Wow, people are buying this CBD oil and not buying our drug,'” the congressman said. “So they’re demanding that the FDA regulate it.”
He and McConnell are working to “keep the FDA off the backs of people,” Comer said.
While former FDA Commissioner Scott Gottlieb stressed that creating a regulatory pathway that allows for the lawful marketing of CBD as a food item or dietary supplement would take years without congressional action, the agency recently said that it is speeding up the rulemaking process and will issue a progress report by early fall.
USDA similarly recognized the intense interest from lawmakers and stakeholders in developing regulations for the crop, and it plans to issue an interim final rule for the crop in August.
Photo courtesy of KET.
Psychedelics Decriminalization Moves Forward In Cities Around The U.S.
Activists in Berkeley, California and Port Townsend, Washington took steps this week to get psilocybin mushrooms and other psychedelics decriminalized, following in the footsteps of successful similar efforts in Denver and Oakland.
In Berkeley, a decriminalization resolution advanced in a City Council committee on Wednesday, and organizers in Port Townsend spoke about their proposal at a county public health board meeting on Thursday, with plans to formally present it to the City and County Council.
The Berkeley measure would prohibit city departments and law enforcement from using any funds to enforce laws against possession, propagation and consumption of psychedelics by individuals 21 or older. Members of the City Council Public Safety committee unanimously voted to send the resolution to the body’s Public Health Committee for further consideration.
If that panel approves the measure, the full Council will schedule a hearing and vote on final passage. Decriminalize Nature, the group behind this resolution as well as the successful passage of neighboring Oakland’s psychedelics decriminalization effort last month, said they hope the Council will act on the measure by early November.
Separately, activists in Port Townsend announced that they delivered a speech about their psychedelics decriminalization proposal during a meeting of the Jefferson County Board of Health.
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Today we gave our speech to the Port Townsend County Board of Public Health! We are overwhelmed by the support of our community. Our group of supporters filled up half the audience. We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council. Much gratitude 🙏 free the plants 🌱✨💖 #freetheplants #plantmedicine #mushrooms #ayahuasca #peyote #heal #pnw #porttownsend #endwarondrugs
Beyond prohibiting the use of government funds to criminalize adults for using and possessing the substances, the local Washington resolution also calls on the city administrator to “instruct the City’s state and federal lobbyists to work in support of decriminalizing all Entheogenic Plants and plant-based compounds that are listed on the Federal Controlled Substances Schedule 1.”
“We are overwhelmed by the support of our community. Our group of supporters filled up half the audience,” the Port Townsend Psychedelic Society said in an Instagram post. “We are currently making plans to speak with the county health officer to talk about next steps in presenting in front of city and county council.”
Alex Williams, who is leading the decriminalization effort in Berkeley, told Marijuana Moment that Wednesday’s Council committee meeting there “went better than I had anticipated” and that he feels “there is an excellent chance of the resolution passing.”
Watch the Berkeley Public Safety Committee discuss psychedelics, starting at about 42:00:
While Williams said two members of the committee seemed to be under the impression that the resolution is singularly geared toward recreational use and meant to “capitalize on a new market,” Decriminalize Nature plans to address those misconceptions, emphasizing that the measure would not provide for commercial manufacturing or sales and that “this process is very important to allowing safe, equitable access to marginalized communities.”
“It is essential that entheogenic substances be treats as sacred spiritual practices and healers,” he added.
The resolution defines entheogenic substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Two Councilmembers, Rigel Robinson and Cheryl Davila, are sponsoring the measure.
“You can imagine a day where, years from now, doctors working with patients with serious depression or veterans dealing with PTSD could actually offer them a more realistic and comprehensive suite of potential treatments, which may include some of these plants as the research over the last several decades has indicated,” Robinson said at the meeting.
While Berkeley might seem like an obvious target for psychedelics reform given the city’s decades-long close association with counterculture, the movement to remove criminal penalties is gaining steam nationally. Decriminalize Nature is maintaining a map of jurisdictions throughout the country where activists have expressed interest in pursuing a similar model.
Time to update the outreach board! Close to 100 locations have reached out now, some already speaking with their City Councilmembers. Great job everyone! #DecriminalizeNature #yourcity #DNUSA pic.twitter.com/D7lbCpdi3c
— Decriminalize Nature (@DecrimNature) July 16, 2019
Also this week, a resident spoke at a Columbia, Missouri City Council meeting, asking the body to consider a resolution to decriminalize psychedelics. At least one councilmember expressed interest in following through, and he called the therapeutic potential of the natural substances “very promising.”
Individuals from nearly 100 cities have reached out to the organization for assistance advancing their own decriminalization efforts.
Voters in Denver kicked things off by approving the nation’s first-ever ballot measure to decriminalize psilocybin mushrooms in May.
Activists are currently pursuing efforts to place psilocybin-focused measures on statewide ballots in California and Oregon for next year.
Photo courtesy of Wikimedia/Mushroom Observer.
Top Democratic Party Leader Flops With Attempted Joke About Trump Smoking Hemp
The chairman of the Democratic National Committee (DNC) apparently thinks that hemp gets you high—and that getting high makes you dumb.
In an attempted dig at President Donald Trump, who said last week that farmers struggling amid a trade war were “over the hump,” DNC Chair Tom Perez said he thought the president “was smoking some hemp when he said they were over the hump.”
“If you smoke some hemp, I guess that would stimulate certain farm economies here,” he added during his remarks at a press conference in Wisconsin.
Watch Perez’s hemp comment at about 6:45 into the video below:
Because hemp contains only trace amounts of THC, the main psychoactive ingredient in marijuana, it wouldn’t get you high, as Perez implied. But legalization advocates say it’s especially problematic that a party leader is treating marijuana as a laughing matter in the first place.
“I would need to be smoking something a hell of a lot stronger than hemp to find Tom Perez’s weak attempt at a marijuana joke funny,” Erik Altieri, executive director of NORML, told Marijuana Moment.
“At a time when over 600,000 overwhelmingly black and brown Americans are still being arrested every year for simple possession, our failed and racist prohibition is no laughing matter,” he said. “While we have made great progress in winning elected officials nationwide to our cause, Perez illustrated that we have a lot of work left to do when it comes educating them about the issue and still a bit of a road to go down before we can stop dealing with dad jokes and bad weed puns.”
Don Murphy, director of federal policies for the Marijuana Policy Project, echoed that point.
“We need more leadership and action at the federal level, not more stupid jokes, puns and inaccurate comments about hemp’s ability to get you high,” he told Marijuana Moment. “Luckily that is something that many of his party’s presidential candidates understand,” he said. “Sadly, Mr. Perez does not.”
Perez’s position on cannabis policy isn’t quite clear, as he’s remained largely silent on the issue. In contrast, many 2020 Democratic presidential candidates are campaigning on broad marijuana reform proposals.
The DNC chair made his attempted hemp quip during a press availability in Milwaukee, where he is meeting donors and coordinating preparation for next year’s Democratic National Convention.
Photo courtesy of Flickr/Gage Skidmore.