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New Jersey Voters, Not Lawmakers, Will Decide On Marijuana Legalization In 2020

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Following months of debate and negotiations in the legislature, New Jersey lawmakers announced on Wednesday that they were unable to work out their differences on a marijuana legalization bill and will instead be giving voters the opportunity to enact reform through a measure on the state’s 2020 ballot.

Senate President Steve Sweeney (D) said that his chamber will move forward with expanding New Jersey’s medical cannabis program and passing social justice legislation to expunge records, but that it won’t “pursue the legalization of adult use marijuana at this time.”

Voters will have to wait until November 2020 to vote on a ballot measure to end cannabis prohibition.

“It’s something I feel strongly in, but the votes aren’t there,” he said.

Part of the reason for the lack of votes is the the governor’s recent announcement on medical marijuana expansion, which was initially tied to an adult-use legalization bill that lawmakers have been working on, Sweeney said at a press conference. Gov. Phil Murphy (D) announced on Monday that the state Health Department would be moving to expand the supply of cannabis and add new qualifying conditions.

“When they announced the expansion of medical, it just ended any chance of this [passing],” Sweeney said. “We lost votes after [Murphy’s] announcement of [medical] expansion.”

Murphy, for his part, said later on Wednesday that he rejected “being blamed for trying to help citizens out who have nowhere else to turn, whose lives are at stake or quality of life is a stake.”

But he seemed open to putting legalization before voters in a referendum, which he characterized as the “default” option, because “it’s hard to do it legislatively.”

“I certainly don’t disagree with [Sweeney] on medical marijuana and expungement,” he added.

Assembly Speaker Craig Coughlin (D) said in a press release that he supports Sweeney’s decision to move ahead with medical cannabis and expungement legislation, but he did not specifically address the issue of putting legalization on the ballot.

“Social justice and social equity have always been the foundation of support for me and my caucus for adult use cannabis,” he said. “Those issues should not fall by the wayside if we are not able to achieve the votes for adult-use cannabis. Too many of our residents, particularly those of color, have been marked for life over a mistake they’ve made once in their youth. This is a social justice issue that must, and will be addressed.”

White Senate and Assembly committees approved legalization legislation in March, the bill was pulled from a scheduled Senate floor vote after it became clear there was insufficient support to pass it. Despite the setback, both Sweeney and Murphy responded by saying they were disappointed but determined to get the bill approved.

A series of compromises were struck between the governor’s office and lawmakers in an effort to keep the legislation alive. Murphy’s primary issue with earlier versions was the tax rate for cannabis sales, which he felt should have been higher than originally proposed. To appease Murphy, lawmakers agreed to tax sales by weight with a $42 per ounce excise tax.

Don’t expect to see that rate included in the legalization ballot measure, though. Sweeney said that it was too high and only agreed for the sake of getting legislation passed, but that “now that there’s not a bill and it’s going to a constitutional amendment, we are going to adjust things.”

Theoretically, there’s enough time to draft a measure and get it on the 2019 ballot, but the senate president said the plan was to put it on the 2020 ballot, when voter turnout would be higher and more young people would be hitting the polls.

New York City Employment Marijuana Testing Ban Enacted Without De Blasio’s Signature

This story was updated to include comment from Murphy and Coughlin.

Photo courtesy of Chris Wallis // Side Pocket Images.

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.

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Senate Schedules Hearing On Marijuana Business Banking Access

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In one of the clearest signs of marijuana reform’s growing momentum on Capitol Hill, a Republican-controlled Senate committee has scheduled a hearing for next week that will examine cannabis businesses’ lack of access to banking services.

The formal discussion in the Senate Committee on Banking, Housing and Urban Affairs on Tuesday comes as legislation aimed at resolving the marijuana industry’s financial services problems is gaining momentum. A House cannabis banking bill that cleared that chamber’s Financial Services Committee with a bipartisan vote in March now has 206 cosponsors—nearly half the body—while companion Senate legislation has 32 out of 100 senators signed on.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

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Congressman Files Marijuana Bill After Leaving Republican Party

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In one of his first legislative acts since leaving the Republican Party earlier this month amid a feud with the president, Rep. Justin Amash (I-MI) filed a bill on Monday that would let states set their own marijuana policies without federal interference.

If that sounds familiar, it’s because bipartisan legislation that would accomplish the same goal has already been filed this Congress.

But unlike the nearly identical Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, Amash’s new bill excludes one provision that would require the Government Accountability Office (GAO) to study the effects of cannabis legalization on road safety and issue a report on its findings within a year of the law’s enactment.

That language states that the GAO must study “traffic crashes, fatalities, and injuries” in legal cannabis states, actions taken by those states to “address marihuana-impaired driving,” testing standards being used to detect impaired driving and federal initiatives “aiming to assist States that have legalized marihuana with traffic safety.”

Given Amash’s libertarian leanings, it stands to reason that he opposes spending government dollars to conduct the research and simply supports the broader states’ rights intent of the original legislation.

That would also put him at odds with social justice advocates who feel that the STATES Act itself doesn’t go far enough and are pushing for more comprehensive legislation that includes additional provisions addressing social equity and restorative justice for people harmed by drug law enforcement.

Members of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee heard that debate play out during a historic hearing on ending federal marijuana prohibition last week.

A newly formed coalition of civil rights and drug reform organizations, including the ACLU, is also insisting on passing wide-ranging legislation to deschedule cannabis entirely that also invests in communities that have been disproportionately impacted by prohibition.

Amash is a long-standing critic of the war on drugs and earlier this year signed on as a cosponsor of a separate bill that would federally deschedule marijuana. Rep. Tulsi Gabbard (D-HI), a 2020 Democratic presidential candidate, filed that legislation, which is also silent on social equity provisions.

Gabbard also introduced a separate bill that would require the U.S. Department of Health and Human Services and other federal agencies to study the impacts of legalization. True to form, Amash declined to add his name to that measure as well.

Read the text of Amash’s new cannabis bill below:

AMASH_038_xml by Marijuana Moment on Scribd

Former GOP Congressman Explains Why Broad Marijuana Reform Is Achievable In 2020

Photo courtesy of Kyle Jaeger.

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Berkeley City Council Considers Decriminalizing Psychedelics This Week

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A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.

Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.

In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”

However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”

The resolution defines the covered 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.”

Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.

The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.

“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.

While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.

Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.

On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.

Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo elements courtesy of carlosemmaskype and Apollo.

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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