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New Jersey Lawmakers Approve Marijuana Legalization

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New Jersey got one step closer to legalizing marijuana on Monday after lawmakers approved an adult-use legalization bill in a joint session of Senate and Assembly committees.

A total of three separate cannabis bills were approved at the hearing: one to fully legalize marijuana, one to expand the state’s existing medical cannabis program and another that would create a system to speed up expungements for people who’ve been convicted for low-level marijuana offenses.

After about four hours of testimony on the full legalization bill, the panels cast votes on that piece of legislation, with it being approved 7-4 with two abstentions on the Senate side. The Assembly panel then signed off by a vote of 7-3 with one abstention.

“Today’s Senate and Assembly votes are a victory for common sense and for sound public policy in New Jersey,” NORML Executive Director Erik Altieri said in a press release. “We look forward to lawmakers on the Assembly and Senate floors acting swiftly to approve this legislation to send to Governor Murphy to sign into law.”

“New Jersey holds the dubious distinction of ranking second in the nation in per capita annual marijuana arrests. This policy disproportionately impacts young people of color, violates civil liberties, and is an egregious waste of public resources that can be reprioritized elsewhere. The people of New Jersey are ready to move forward. Their representatives should approve this legislation this year and replace the failed practice of prohibition with the sensible policy of legalization and regulation.”

The other two bills—to expand New Jersey’s medical cannabis program and expedite expungements—were also approved by both panels.

Sen. Nicholas Scutari (D), the main sponsor of the legalization proposal, kicked off the hearing by touting the economic and criminal justice benefits of ending prohibition.

He was followed by a large mix of legalization supporters and opponents, including representatives from the Drug Policy Alliance (DPA), Latino Justice and law enforcement associations.

“Today’s vote is a step in the right direction for New Jersey,” DPA’s Roseanne Scotti said in a press release. “For too long, New Jersey’s marijuana laws have harmed families and communities, particularly communities of color. African Americans are three times more likely to be arrested for marijuana than whites despite similar rates of use, and anecdotal evidence suggests similar disparities for Latinos. Legalizing marijuana for adult-use is essential to help repair these wrongs.”

Former U.S. Rep. Patrick Kennedy (D-RI), who co-founded the anti-legalization group Smart Approaches to Marijuana, spoke out against the reform legislation and sparred with lawmakers in especially heated testimony.

Assembly Appropriations Chair John Burzichelli (D) commented on the “long road” to reform and said “we are on the verge of something very significant.”

He also talked about the failures of prohibition and said keeping marijuana “in the shadows” doesn’t “serve us.”

“I believe this is a good bill and one that will change the lives of tens of thousands of New Jersey residents for the better,” Assemblywoman Annette Quijano said.

“Lets face it: legalizing, regulating and taxing cannabis will be an economic driver that will allow us to reinvest in our communities,” she later said.

The marijuana reform proposals will now head for full floor votes.

“We will continue working the bills towards passage to create a well-regulated and inclusive marijuana industry that is rooted in social and economic justice,” Assembly Speaker Craig Coughlin said in a press release.

Pending approval by both full chambers the legislation will go on to Gov. Phil Murphy (D), whose office released a statement Monday affirming that the governor “remains committed to legalizing adult-use marijuana, a critical step in eliminating racial disparities in our criminal justice system.”

Separately, the governor said he’s “very happy” that legalization is moving forward, though he declined to get into the specifics of the legislation.

Murphy’s administration has expressed reservations about certain aspects of the bill—namely who gets to be in charge of regulating the commercial marijuana system and how sales are taxed. The governor reportedly wanted the executive branch to have more regulatory control and called for a steeper tax than the 12 percent rate included in the legislation.

It could be a matter of weeks before Murphy will have the chance to sign the legislation.

“New Jersey is one step closer to replacing marijuana prohibition with sensible regulation,” Kate Bell, general counsel for the Marijuana Policy Project, said in a press release. “Arresting adult cannabis consumers is a massive waste of law enforcement officials’ time and resources, and it does nothing to improve public health or safety.”

“Prohibition forces marijuana sales into the underground market, where it is impossible to control them. Under the proposed regulated system, businesses will be governed by strict rules, and authorities will be empowered to make sure those rules are being followed.”

Besides legalizing cannabis for adult use—the centerpiece of the legislative package—the committees also approved a bill to expand New Jersey’s medical marijuana system. Under the proposal, the list of qualifying medical conditions would be expanded and patients would be able possess an extra half ounce of cannabis during a 30-day window, among other smaller policy changes.

Elsewhere in the Legislature on Monday, a separate Senate committee also approved that bill, which is meant to simplify the process of qualifying for medical cannabis and obtaining it. The bill passed 7-1 in that panel. One state senator on the committee did not vote.

Lastly, while there’s an expungement element included in the broad legalization bill, a separate bill to expedite expungements for low-level marijuana offenses also passed.

You can read the text of the latest versions of all three bills here.

UPDATE: This story has been updated with the latest information on votes for all three marijuana bills and to include comment from Drug Policy Alliance, Marijuana Policy Project and NORML.

Read The Marijuana Bills New Jersey Lawmakers Will Vote On Next Week

Photo courtesy of Max Pixel.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

White House Drug Officials Say Legal Marijuana Is Up To States

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Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.

The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.

Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.

It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.

Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.

Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”

“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”

Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.

During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”

“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”

He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”

Federally Funded Journal Exposes How Marijuana Prohibition Puts Consumers At Risk

Photo courtesy of Philip Steffan.

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New Industry-Backed Marijuana Legalization Measure Filed In Florida

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Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.

Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.

The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.

“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”

The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.

It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.

There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.

A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.

The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.

It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.

In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.

Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.

To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.

“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”

Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.

“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”

Read the full text of Make It Legal Florida’s marijuana proposal below: 

Florida marijuana legalizat… by Marijuana Moment on Scribd

Arizona Marijuana Legalization Initiative Takes First Step Toward 2020 Ballot

Photo courtesy of WeedPornDaily.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Defense Department Official Stresses CBD Ban For Military Members

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A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.

Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”

While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.

“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”

Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.

The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.

That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”

Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.

In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.

The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.

Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.

“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”

She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.

Navy Bans Sailors From Using CBD Despite Federal Hemp Legalization, New Memo Says

Photo by Sam Doucette on Unsplash.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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