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New Zealand Government Releases Details Of Marijuana Legalization Referendum

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Details about legislative plans to legalize and regulate marijuana in New Zealand were released on Tuesday.

The three political parties who are part of a minority government coalition agreed to basic elements of a referendum to allow for the use, possession, sale and cultivation of cannabis for adults 20 and older, which is set to appear on New Zealand’s 2020 ballot.

Justice Minister Andrew Little confirmed in a press release that the measure will be binding—meaning that if voters approve the measure, the government will be obliged to follow through on the voters’s will. The proposal will allow for limited home cultivation and licensed areas where people can consume marijuana socially. It will also include restrictions on advertising.

“Officials are now empowered to draft the legislation with stakeholder input, and the Electoral Commission will draft the referendum question to appear on the ballot,” Little said in a press release. “The voters’ choice will be binding because all of the parties that make up the current Government have committed to abide by the outcome.”

“We hope and expect the National Party will also commit to respecting the voters’ decision,” he said, referring to the leading opposition party that is not part of the governing coalition.

“Cabinet has agreed to hold a binding referendum at the 2020 General Election to determine whether personal use of recreational cannabis should be legalised,” he wrote in an executive summary of the plan. “If the binding nature of the referendum is to be meaningful it will be necessary to be as clear and certain about the outcome of a ‘yes’ vote as possible.”

“The referendum question should provide voters with a clear choice on this important matter,” he said. “Also, there may be merit in allowing for the public education in the lead up to the referendum to better understand the final regulatory model that is adopted.”

Little outlined four separate referendum options for the Cabinet to choose from. It appears that parties agreed on the option that reads as follows:

“A question referring to an exposure draft piece of legislation that outlines the suggested regulatory model for cannabis but was not introduced into the House until the result of the referendum was known: ‘Do you support legalising the personal use of recreational cannabis in accordance with [published draft legislation]?”. This exposure draft would be provided in confidence to limited stakeholders for consultation and a final exposure draft that would be the subject of the referendum would follow.”

Little argued that simply decriminalizing cannabis would “impede the ability to control quality of products” and “any of the harm minimization associated with removing criminal elements.” Legalizing and regulating marijuana, on the other hand, would create a “controlled and tightly regulated market” that would allow the government to “steer market behaviour towards achieving the objective of minimising harm, while providing safe and legal access to cannabis.”

Here are the primary and secondary goals of the proposed referendum, as Little outlined in a 30-page briefing document:

Primary objectives:

Address the wellbeing of New Zealanders and harm reduction—the model should minimise harms associated with cannabis, such as health-related harm, social harms and harm to youth.

Lower the overall use of cannabis over time through education and addiction services – with a particular focus on lowering the use amongst youths by increasing the age of first use. Revenue raised through the regulation of cannabis should contribute to relevant health-related measures.

Secondary objectives:

Disempowering the gangs and the illegal trade in cannabis;

Lowering the prison population over time and lowering the number of New Zealanders (especially Maori) whose future opportunities are negatively affected by cannabis use charges;

Ensure product safety and control of THC levels via legislation and regulation;

Be consistent with the rule of law – the model should uphold New Zealand’s constitution. It should also minimise opportunities for the illicit market and be clear and easy to follow;

Tailored and workable for New Zealand – the model should recognise and reflect our cultural practices and the values of New Zealand society so that it can be accepted by New Zealanders;

Fiscal sustainability – the model should seek to fund mechanisms that directly address cannabis-related harms, while also aiming to lower use over time.”

Chlöe Swarbrick, a Green Party member of Parliament who joined Little at Tuesday’s presser, released a video celebrating the development.

“In line with a health-based approach, consumption will be limited to private spaces or to those that are licensed,” she said. “We are also guaranteeing that there is going to be no advertising because the last thing we want to do is open the door to big corporates and invite another ‘Big Tobacco’ or ‘Big Alcohol’ and replace the black market with some big corporate control.”

“This is, of course, massive news and the first solid piece of information we can give you guys on the cannabis referendum,” she added. “Over the next year and a half, I will be doing my utmost to get around the country and hear from all of you about how we can create the best possible piece of legislation.”

The proposal also calls for a licensing scheme that would “provide for safe spaces for people to use cannabis away from home.”

The timeline for steps toward drafting the legislation and ballot question were laid out by the justice minster as follows:

New Zealand has previously demonstrated interested in pursuing a public health-orientated approach to drug policy. Officials instructed law enforcement not to criminalize possession and consumption of synthetic drugs, which is at the center of a drug crisis in the country, and to instead treat such cases as public health concerns.

A poll released in January found that 60 percent of New Zealand residents would approve a referendum to legalize cannabis. Only 24 percent of respondents voiced opposition to the policy and 16 percent were left undecided.

Should the country opt to legalize and regulate marijuana, it would be following in the steps of Canada and Uruguay, which have already done so. Mexican lawmakers are also pushing ahead on a legalization plan.

“Subject to Cabinet decisions, any legislation to be enacted before the referendum that includes provisions relating to the overall system of cannabis, including the cultivation, sale and supply, and use of recreational cannabis in New Zealand would preferably be passed by December 2019, with March 2020 as an absolute deadline in order to undertake the referendum at the 2020 General Election,” Little wrote.

Mexican Lawmakers Plan To Tackle Marijuana Legalization This Summer

Photo courtesy of Brian Shamblen.

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 Sacramento-based senior editor. His work has also appeared in High Times, VICE and attn.

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Most Kansas City Government Workers Will No Longer Face Pre-Employment Marijuana Tests Following City Council Vote

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Most government workers in Kansas City, Missouri will no longer face pre-employment drug tests for marijuana under an ordinance that the City Council approved on Thursday.

The measure, which was introduced by Mayor Quinton Lucas (D) in July, was passed by local lawmakers in an 11-2 vote.

“It shall be unlawful for the City of Kansas City to require a prospective employee to submit to testing for the presence of marijuana in the prospective employee’s system as a condition of employment,” the text of the ordinance states.

Lucas, who last year filed a since-enacted measure to remove all local criminal penalties for cannabis possession, celebrated the latest development.

“Opportunities should not be foreclosed unnecessarily. Glad to see passage of our law eliminating pre-employment screening for marijuana at Kansas City government for most positions,” he said. “One step of many in becoming a fairer city.”

There are some exceptions to the policy change. Law enforcement, workers who require a commercial driver’s license and those who are involved in the supervision of “children, medical patients, disabled or other vulnerable individuals” can still be screened for cannabis.

Last year, the mayor announced a pardon program for those with previous convictions for possession of marijuana or paraphernalia.

Drug testing for cannabis has become a hot topic of late since the Olympics suspension of U.S. runner Sha’Carri Richardson, with more people arguing that use of the plant shouldn’t lead to punishments, especially given the ongoing rise of the legalization movement. The World Anti-Doping Agency recent announced that it would review its marijuana policy for athletes next year.

The Biden administration has come under fire this year for terminating or otherwise punishing staffers who were honest about their past cannabis use as part of the background check process.

White House Press Secretary Jen Psaki has said that nobody in the White House was fired for “marijuana usage from years ago,” nor has anyone been terminated “due to casual or infrequent use during the prior 12 months.” However, she’s consistently declined to speak to the extent to which staff have been suspended or placed in a remote work program because they were honest about their history with marijuana on a federal form that’s part of the background check process.

In June, a powerful congressional committee released a report that urges federal agencies to reconsider policies that result in the firing of employees who use marijuana legally in accordance with state law.

Separate standalone legislation has been previously introduced by Rep. Charlie Crist (D-FL) to provide protections for federal workers who consume cannabis in compliance with state law, but it never received a hearing or a vote and has not been refiled so far this Congress.

As of last year, New York City employers are no longer able to require pre-employment drug testing for marijuana as a part of the hiring process—though there are a series of exemptions to the policy. The City Council approved the ban in 2019, and it was enacted without Mayor Bill de Blasio’s (D) signature.

Statewide in Missouri, voters may see multiple marijuana initiatives on the state’s 2022 ballot, with a group filing an adult-use legalization proposal last month that could compete with separate reform measures that are already in the works.

Full-Page Washington Post Ad Calls For Marijuana Prisoner’s Freedom While Celebs Make Money In Industry

Photo courtesy of Brian Shamblen.

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Full-Page Washington Post Ad Calls For Marijuana Prisoner’s Freedom While Celebs Make Money In Industry

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Supporters of a 26-year-old man who is currently incarcerated while awaiting sentencing for a federal marijuana charge took out a full-page ad in The Washington Post on Thursday, blasting the hypocrisy of his imprisonment while celebrities like Beyonce, Jay Z, Seth Rogen and Willie Nelson stand to profit off the legal cannabis industry.

Jonathan Wall faces up to 15 years in prison on charges that he and other conspired to traffic marijuana from California to Maryland over two years. His family says this is a flagrant miscarriage of justice that highlights the need for relief for Wall and for broader federal marijuana reform.

The ad has the headline, “Who will be the last person incarcerated for marijuana in the United States?”

“Cannabis corporations are in Maryland and 26 other states making billions in revenue growing, manufacturing and distributing pot,” it says. “Cannabis conglomerates wonderfully engaged in branding, licensing , product innovation, research and development.”

Click to access washington-post-marijuana-ad.pdf

It notes that, just miles away from where Wall is being held, consumers can buy marijuana from major marijuana businesses like Curaleaf or Acreage Holdings, which counts former GOP House Speaker John Boehner (R-OH) among its board members.

“But then you—along with the likes of Jay Z, Seth Rogen, and Willie Nelson—would be in violation of U.S. federal law and subject to incarceration,” the ad says. “26-year-old Jonathan Wall faces life in prison while Beyonce says that she’s starting a cannabis farm. This is not the way the law is supposed to work.”

“President Biden recently gave a speech about how 20 years in Afghanistan was too long and that our continued involvement there was a mistake. Well, what about more than 50 years of proven failure, 50 years of gross economic waste, 50 years of caging our own citizens, 50 years of asset forfeiture abuse, 50 years of enforcement disparity and evisceration of the constitutional rights of people of color. In a country where you can guy an assault rifle and fifth of whiskey, federal prohibition of cannabis has never been about more than fear, bias, race, stigmatization and control.”

This isn’t the first time that the Biden administration has faced demands to provide relief for people criminalized over marijuana.

Congressional lawmakers have also recently pushed President Joe Biden to grant clemency to nearly 20,000 people in the federal prison system—including those with drug convictions.

A group of more than 150 celebrities, athletes, politicians, law enforcement professionals and academics separately signed a letter that was delivered to Biden, asking him to issue a “full, complete and unconditional pardon” to all people with non-violent federal marijuana convictions.

While advocates are looking for more, the Biden administration is asking a fraction of people with drug convictions who were placed on home confinement amid the coronavirus pandemic to apply for the relief.

“It is time for our government to admit that it has made a mistake,” the new ad says.

Mississippi Lawmakers Reach Deal On Medical Marijuana Legalization, Plan To Request Special Session

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House Officially Passes Defense Bill With Marijuana Banking Protections, But Key Senators May Block Path Ahead

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The U.S. House of Representatives on Thursday approved a large-scale defense spending bill that includes an amendment to shield banks that works with state-legal marijuana businesses from being penalized by federal regulators. Now advocates and industry stakeholders are left wondering: what’s the fate of the reform in the Senate? And can it make it to the president’s desk?

New comments from Sen. Cory Booker (D-NJ)—who’s helping lead the charge to advance comprehensive marijuana legalization and who has been severely critical of efforts to enact banking reform first—signal that the path to pass the incremental policy change through the National Defense Authorization Act (NDAA) could be in jeopardy in the Senate. Other key senators have also expressed skepticism about the reform’s prospects through this process.

For supporters, things may have been more simple if the Senate had moved to include cannabis banking reform in its own version, but the text of NDAA released by Senate Armed Services Committee on Wednesday does not contain that language. That means the matter will need to be settled in a bicameral conference committee after the full Senate formally passes its bill. At that point, negotiators from both chambers will work to resolve differences between their separate proposals.

Already, there’s pushback from key senators to including the Secure and Fair Enforcement (SAFE) Banking Act in the NDAA that’s ultimately sent to President Joe Biden. That’s not especially surprising considering that leadership, including Senate Majority Leader Chuck Schumer (D-NY), has insisted on passing comprehensive justice-focused marijuana legalization first rather than advance an incremental reform on banking. But recent statements do raise questions about the prospects of enacting the reform through the defense bill.

It’s not that the SAFE Banking Act is partisan or especially controversial on its face; it’s a matter of legislative priorities for certain senators and a question of germaneness in NDAA. As of Tuesday, when the reform amendment was officially attached to the House version of the bill, it has now passed five times in the chamber, usually along largely bipartisan lines.

Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, spoke with Marijuana Moment about the process moving forward in a phone interview on Wednesday. He was optimistic about the measure’s prospects with NDAA as the vehicle, though he conceded that he hadn’t spoken with Schumer or other key senators who are actively finalizing legalization legislation that they hope to see move first.

“I think the fifth time is the charm,” he said. “I mean, obviously, we still have to do some work to make sure that it remains part of the NDAA as the House and the Senate go to conference. So we still have work to do with the Senate to make sure that it remains part of it. But I think that it will.”

“I mean, the fact that it deals with cartels and national security, on top of the need for the public safety piece of this thing, I think that we’ll be able to convince the conference committee and the conferees generally to keep it in,” he said. “But we still have work to do.”


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Some advocates have expressed support for enacting the achievable banking policy change while working to build support for more comprehensive reform.

“Enactment of the SAFE Banking Act would improve public safety and business efficiency in the 36 states that currently permit some form of retail marijuana sales,” NORML Political Director Justin Strekal said. “The Senate should ensure this provision remains in the final version of this funding package and enact it swiftly.”

“The SAFE Banking Act is only the first step toward making sure that state-legal marijuana markets operate safely and efficiently,” he said. “The sad reality is that those who own or patronize these currently unbanked businesses would still be recognized as criminals in the eyes of the federal government and by federal law. This situation can only be rectified by removing marijuana from the list of controlled substances.”

Schumer and certain other senators, meanwhile, have insisted the banking issue should be tackled by holistically ending marijuana prohibition. They argue that it is inappropriate to pass what is seen as an industry-focused reform that helps businesses and investors while leaving unaddressed the harms of decades of racially disparate prohibition enforcement that should be addressed with equity-focused legalization.

Booker, who is helping Schumer alongside Senate Finance Committee Chairman Ron Wyden (D-OR) to produce a final legalization bill has said he would proactively work to block any senators who attempt to get marijuana banking reform passed before enacting social justice-focused legalization legislation.

And Booker told Politico on Wednesday that cannabis banking is “something that should not be included” in NDAA.

“It undermines the ability to get comprehensive marijuana reform and the kind of things that are harder to get done like expungement of people’s records,” he said, echoing a point that Schumer made in an interview with Marijuana Moment in April. And a spokesperson for the majority leader affirmed that his position has not changed in light of the House development.

Should a senator propose a floor amendment to the chamber’s version of the defense bill to incorporate SAFE Banking, Booker left open the possibility of standing in its way.

Sen. Jeff Merkley (D-OR), sponsor of the standalone Senate version of the SAFE Banking Act, also declined to say whether he would push to attach the reform to NDAA and told Politico he’d “love to see if we can even do the more comprehensive [reform]—that’d be even better.”

Senate Armed Services Committee Chairman Jack Reed (D-RI), meanwhile, told Roll Call that the issue hasn’t been discussed by members of his panel. And bipartisan supporters of the reform—including Sens. Brian Schatz (D-HI) and Rand Paul (R-KY)—told the outlet they weren’t certain that the Senate would pursue marijuana banking through NDAA.

Schatz also said that Senate Minority Leader Mitch McConnell (R-KY) “doesn’t like” the marijuana banking proposal, and so “he’s going to have to consult with the Republicans in his conference who are in favor of this reform, but so far he’s been blocking it.”

Based on these comments, it seems increasingly clear that the effort to enact SAFE Banking through the must-pass defense bill faces a tough road ahead. And despite bipartisan support for the proposal on its own, it’s an open question as to whether the negotiators in committees of jurisdiction will be able to reach a consensus.

At an initial meeting of the House Rules Committee about NDAA on Monday, House Armed Services Committee Chairman Adam Smith (D-WA), who is managing the bill for the chamber, acknowledged that while some members might consider certain amendments “superfluous” to defense spending matters, the annual legislation has been used as a vehicle to advance non-germane legislation in the past. He added, though, that doing so has historically required the issues at hand to have broad bipartisan support in order to survive the House-Senate conference committee process.

He didn’t specifically cite the cannabis banking proposal, but Perlmutter himself said earlier in the hearing that “whether something is superfluous is always in the eyes of the beholder,” signaling that he feels his measure’s germaneness in this context is up for interpretation.

Smith said that “whatever superfluous items the Rules Committee decides to put in order and get attached to this bill, we go to conference, and in conference, we work in a bipartisan fashion.”

But beyond Smith and Reed, it will also be up to leading members of key committees that handle banking issues to decide whether the measure gets a ride to the president’s desk in NDAA.

“We’re not going to pull one over on anybody here. We’re going to have to work with committees of jurisdiction—not just the chairs, but the ranking members as well—to come to some agreement on those before we go forward,” he said. “So if you see an item that you consider to be superfluous being added to the bill, don’t freak out.”

The chair’s comments about needing support from leaders of committees of jurisdiction raise questions about whether the amendment stands a chance in conference with the Senate following House approval. Not only did House Financial Services Committee Ranking Member Patrick McHenry (R-NC) vote against the standalone SAFE Banking Act this year and in 2019, but on the Senate side, even Banking Committee Chairman Sherrod Brown (D-OH) has been generally unenthusiastic about advancing the reform.

On the flip side, House Finance Services Committee Chairwoman Maxine Waters (D-CA) is a supporter of the banking reform and brought it through her panel last Congress. Senate Banking Committee Ranking Member Pat Toomey (R-PA), for his part, has previously voiced support for advancing the SAFE Banking Act.

Perlmutter has said that he appreciates that Senate leadership is pushing for a more comprehensive end to federal marijuana prohibition—and he agrees with Booker that promoting social equity is an important objective—but he feels the SAFE Banking Act is urgently needed to address public safety issues resulting from the industry’s lack of access to traditional financial institutions.

Some of the strongest proponents for broad reform like Rep. Earl Blumenauer (D-OR) voted in favor of the SAFE Banking Act in April despite the body yet having taken up a legalization measure this session.

FBI Clarifies That Using Marijuana More Than 24 Times Disqualifies Would-Be Agents

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