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NY Dem Chair Warns Against Passing Voter-Supported Marijuana Legalization Bill

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The head of New York’s Democratic Party said on Thursday that if the state Senate votes on a marijuana legalization bill, his party’s lawmakers run the risk of alienating voters and losing reelection next year.

Jay Jacobs, the state party chairman, claimed that several “far progressive” measures, including cannabis legalization, lack popularity in certain areas across the state such as Long Island and upstate New York. He cautioned lawmakers against putting the issue to a vote, arguing that voters would “throw us out of office.”

“It could be the straw that breaks the camel’s back,” he told Newsday.

Polling doesn’t support that conclusion, though. According to a March 2019 survey from Quinnipiac, 65 percent of New Yorkers are in favor of allowing adults to legally possess cannabis for personal use. That includes 63 percent of respondents in upstate New York and 65 percent of those living in the suburbs. Sixty-six percent of independents statewide also back ending marijuana prohibition.

Via Quinnipiac.

Additionally, 59 percent of voters said they support letting marijuana businesses sell marijuana in their own communities. Sixty percent of upstate residents and 54 percent of suburbanites said the same.

That puts support for a legal cannabis system higher than the approval ratings in the very same survey for elected Democrats such as Gov. Andrew Cuomo, U.S. Senate Minority Leader Chuck Schumer, U.S. Sen. Kirsten Gillibrand, the speaker of the state Assembly and the state Senate majority leader.

Jacobs’s comments come at a time when advocates are struggling to advance a legalization bill that is just two votes shy of being passable in the Senate, according to an analysis by The Democrat & Chronicle.

Despite Cuomo including legalization in his budget proposal and pressuring lawmakers to get the legislation to his desk this session, the governor said earlier this week that the bill will not pass “because the Senate doesn’t have the votes.”

He doubled down on blaming the chamber for the stalled legislation in an interview with WAMC on Friday, saying that even if he “kept the Senate there for the next ten years, they couldn’t pass marijuana.”

That said, it’s possible that the legislation will be inserted into an omnibus spending bill in the closing hours of the session.

There’s also a chance that Senate Democrats will agree to a plan to bring the bill up for a full floor vote after they meet to discuss legalization during a caucus conference next week.

Cuomo’s statements about the vote deficit that legalization faces in the Senate, and his reluctance to more forcefully press lawmakers from his party on the issue have frustrated its backers in the legislature. Sen. Liz Krueger (D) said on Thursday that if “we don’t get the support of the governor, I will not be able to convince my colleagues—some of whom are on the fence—that this is a good vote for them because this is a controversial issue.”

“If they believe this is something the governor will follow through on and commit to and back us up on, I believe we can bring it across the finish line,” she said.

While the state Democratic chair might not hold the same sway as Cuomo, his statements dismissing legalization legislation are likely to draw similar criticism, especially considering that the party adopted a resolution in support of regulating cannabis last year.

Interestingly, while the Democratic official warned against moving forward on legalization in a state where the issue enjoys majority support, the incoming chair of New York’s Republican Party said last week that he’s open-minded about marijuana reform.

“I don’t have the same hostility toward the legalization of marijuana as maybe my predecessors did,” Nick Langworthy said. However, he added that Republicans “should not be trying to lead the pack in the field of legalization of marijuana.”

With fewer than 10 working days left in the current legislative session, pressure to pass the reform bill is reaching a boiling point.

Frustration over the legislature’s inability to rally support for the legislation has escalated in the days since lawmakers in Illinois sent a legalization bill to the governor’s desk. A Delaware House committee also approved legalization on Wednesday.

Neighboring New Jersey, meanwhile, has thrown in the towel on legalizing cannabis this year. Instead, leading lawmakers said the issue will be decided by voters in the form of a referendum on the 2020 ballot.

Delaware Lawmakers Approve Marijuana Legalization Bill

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.

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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California Governor Signs Marijuana Tax Fairness Bill But Vetoes Cannabis In Hospitals

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California Gov. Gavin Newsom (D) announced on Saturday that he signed several marijuana-related bills into law—including one that will let legal businesses take advantage of more tax deductions—but also vetoed another measure that would have allowed some patients to use medical cannabis in health care facilities.

Under a section of current federal law known as 280E, marijuana growers, processors and sellers are unable to deduct expenses from their taxes that businesses in any other sector would be able to write off. Until now, California policy simply mirrored the federal approach.

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.)

Photo courtesy of Carlos Gracia.

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Former FDA Head Floats Federal Marijuana Regulation ‘Compromise’ To Address Vaping Issue

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Former Food and Drug Administration (FDA) Commissioner Scott Gottlieb seems to propose changing the scheduling status of marijuana under federal law as a “compromise” to provide limited regulations and promote research.

In an op-ed published in The Wall Street Journal on Friday, Gottlieb said the recent spike in vaping-related lung injuries involving contaminated THC cartridges demonstrates the need for federal regulations.

While he expressed frustration over the “federal government’s decade-long refusal to challenge state laws legalizing pot,” he also recognized that enforcing prohibition in legal states isn’t politically practical and floated a “feasible compromise” that would “require Congress to take marijuana out of the existing paradigm for drug scheduling, especially if Congress wants to allow carefully regulated access for uses that fall outside FDA-approved drug indications.”

That language leaves room for interpretation, but he goes on to say that the “ship has probably sailed on legalization for recreational use” and that “regulation of the potency of THC compounds, the forms they take, how they’re manufactured, and who can make purchases ought to be possible.”

Gottlieb stopped short of explicitly backing descheduling, which would represent a formal end to federal prohibition. Still, his recommendation that the government control aspects of legal marijuana markets like THC potency is a more concrete position than he’s taken in recent weeks, where he’s repeatedly bemoaned the lack of regulations and the gap between state and federal cannabis laws as contributing to vaping issues without endorsing a specific policy to correct it.

It’s clear in the editorial that the former commissioner feels Congress has missed its opportunity to prevent the proliferation of state-legal cannabis programs. And he criticized the Obama administration for issuing guidance that offered states some assurances that the Justice Department wouldn’t interfere in their markets, as well as congressional riders barring the department from using its funds to enforce prohibition against medical cannabis patients and providers following state laws.

“The result is an impasse,” he wrote. “Federal agencies exert little oversight, and regulation is left to a patchwork of inadequate state agencies. The weak state bodies sanction the adoption of unsafe practices such as vaping concentrates, while allowing an illegal market in cannabis to flourish.”

One area where FDA might be able to exercise its regulatory authority in this grey space would involve oversight of vaping hardware. Because the agency is able to regulate the “components and parts” of vapes for tobacco use—and because companies generally market those products as being intended for the use of vaporizing herbs and concentrates generally—it could be argued that FDA has jurisdiction over regulating the devices. However, that would still prove challenging “without clear laws and firm political support,” Gottlieb said.

“THC is currently illegal under federal law,” he said. “Right now there’s no middle ground allowing federal agencies to scrutinize these compounds for their manufacturing, marketing and safety.”

Again, it’s not exactly clear what kind of federal regulation Gottlieb is proposing to Congress. He spends part of his op-ed noting the difficulties scientists face in obtaining high quality cannabis for research purposes—an issue that policymakers have indicated rescheduling could resolve—but he also said the government should ensure that any reform move is “backed up with oversight and vigorous enforcement to keep a black market from continuing to flourish and causing these lung injuries.”

That’s led some to assume he’s talking about descheduling and providing for broad regulations, as regulating the market is largely viewed as a primary means of disrupting the illicit market and enforcing safety standards for marijuana products. But the continued ambiguity of his position raises questions about whether he’s actually proposing Congress should go that far.

“The protracted hand-wringing over federal cannabis policy must stop,” he said. “The tragic spate of fatalities related to vaping of pot concentrates means the time has come for Congress and the White House to stop blowing smoke and clear the air.”

Leading Civil Rights Group Calls On Lawmakers To Support Comprehensive Marijuana Legalization Bill

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Mexican Senate Committees Will Introduce Marijuana Legalization Bill Next Week

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Mexican Senate committees will introduce an updated proposal to legalize marijuana for adult use within days.

During a meeting on Thursday, members of the Health, Justice, Public Security and Legislative Studies Committees announced that they would remain in permanent session as they go through various legalization bills that lawmakers have already filed and present a comprehensive new piece of legislation on Thursday.

Sen. Miguel Ángel Navarro Quintero of the ruling MORENA party, who is a cosponsor of one existing reform bill, said the development “is a positive step to regulate—it is definitely a positive step,” according to TV Aztecha.

The primary focus of the committees will be on legislation introduced by Interior Secretary Olga Sánchez Cordero last year, senators said. However, there are about a dozen other legalization bills on the table, including one to have the federal government control the marijuana market, and they said provisions of each proposal would be taken into consideration.

The panels will also look at public input and expert testimony—including a panel led by a former White House drug czar—that were gathered as part of a weeks-long series of cannabis events that the Senate organized.

“It is a backbone that we are taking into account,” Sen. Julio Menchaca of the MORENA party said of Sánchez Cordero’s bill, which the cabinet member filed while previously serving as a senator, adding that “each of the initiatives that different senators have presented are also very important.”

Quintero said “if we are committing an open parliament, all opinions must be taken into account, because if not, we would be simulating a process.”

If the committees are successful in advancing the legislation, that would put the chamber one key step closer to meeting a deadline imposed by the Supreme Court last year. After ruling that the country’s ban on possession and cultivation of cannabis by adults is unconstitutional, it gave lawmakers until the end of October to change federal drug policy.

The leader of the MORENA party in the Senate, Sen. Ricardo Monreal, said earlier this month that the chamber was on track to vote on a legalization bill ahead of that deadline.

Separately, the chairman of the Senate’s Agriculture Committee, Sen. José Narro Céspedes, said on Thursday that legalization will be an economic boon for farmers and must be implemented in a way that disrupts the illicit market.

Mexican Cabinet Member Accepts Lawmaker’s Marijuana Gift During Legislative Meeting

Photo courtesy of Mike Latimer.

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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