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Ohio Senate Votes To Expand Marijuana Decriminalization To Cover 200 Grams

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The Ohio Senate has approved a bill to double the amount of marijuana that is decriminalized in the state and reduce criminal penalties for many other drug crimes.

Following months of delays due to the coronavirus pandemic, the measure cleared both a committee and the full body on Tuesday. The floor vote was 24–5.

While possession of small amounts of cannabis would still be illegal in Ohio, people caught with up to 200 grams of marijuana (about seven ounces) would face no arrest or jail time under the measure, SB 3. Instead, they’d receive a civil citation and pay a fine of $150.

“Among other criminal justice changes, SB 3 would reduce the sentences for several marijuana offenses, including by doubling the amount of marijuana that is decriminalized,” Karen O’Keefe, the Marijuana Policy Project’s director of state policies, told Marijuana Moment.

Existing Ohio law already classifies possession of up to 100 grams (about 3.5 ounces) of marijuana as a “minor misdemeanor.” Offenses are penalized with citations and civil fines of $150. By law, officers are only supposed to arrest people for cannabis if they refuse to provide identification, won’t sign the citation or pose a health and safety risk, but critics note that those exceptions open the door to discriminatory police enforcement.

Under SB 3, simple possession would remain a minor misdemeanor, but the qualifying limits would increase. In addition to the new 200 gram cap for marijuana flower, the limit on hash would rise from 5 grams to 10 grams.

The bill states that citations for those offenses would not constitute a criminal record or need to be reported on “any inquiries contained in any application for employment, license, or other right or privilege.”

Anything over the decriminalized amount limits would still incur criminal penalties, such as arrest, possible jail time and a criminal record. SB 3 would, however, downgrade the criminal designations for greater amounts of cannabis.

For flower, 200 grams to 400 grams would be a fourth-degree misdemeanor under the bill, while 400 to 1,000 grams would be a first-degree misdemeanor. For hash, 10 grams to 20 grams would qualify as a fourth-degree misdemeanor, and 20 grams to 50 grams would be a first-degree misdemeanor.

Possession of other drugs would see downgrades under the bill, too, lessening many felony charges to misdemeanors. Judges in some circumstances would be able to pause criminal cases or even dismiss them entirely for defendants who complete drug treatment programs.

“We believe that we have found the appropriate mark in the sand,” one of the bill’s co-sponsors, state Sen. Sean O’Brien (D), told The Columbus Dispatch a day before the vote.

“I think the overarching goal of the bill is to take small amounts of possession that are clearly for personal use and make that a misdemeanor,” Senate President Larry Obhof (R) said. “That’s really been one of the bigger sticking points over the last year as we’ve considered this. What is really the right amount for personal use versus at what number do we then say, ‘You’re not really using this. You’re a trafficker.’ We’re trying to work that out.”

O’Keefe at Marijuana Policy Project applauded the Senate’s passage of the bill Tuesday but lamented that lawmakers still see cannabis as a police matter at all.

“While these are welcome reforms, Ohio lawmakers should listen to their constituents and legalize marijuana,” she told Marijuana Moment. “There is no need for any police-civilian interaction around simple possession of marijuana. Issuing fines for cannabis possession wastes governmental resources and opens the door to unequal policing and abusive encounters. Ohio should follow Michigan’s lead and legalize, regulate, and tax marijuana for adults.”

Advocates at the beginning of the year intended to put legalization on Ohio’s ballot this November, filing a formal initiative proposal in early March. The effort stalled, however, as the COVID-19 outbreak and resulting social distancing measures made signature gathering all but impossible.

Another group of activists, working to put marijuana decriminalization measures on 14 municipal ballots in Ohio, asked the U.S. Supreme Court to force state officials to allow electronic signature gathering during the pandemic, but the justices did not take up the case.

Ohio voters in 2015 roundly rejected a push to legalize marijuana for adult use, but some think that’s a poor indicator of the state’s interest in legalizing commercial cannabis. The 2015 measure drew criticism at the time even from traditional allies of reform, many of whom criticized the proposal’s licensing provisions that would give a near monopoly on cultivation to the same investors who had funded the ballot initiative.

Despite the slow progress on cannabis reform represented by Senate Bill 3, criminal justice reform advocates praised the bill’s passage by the Senate as a timely response to the issues facing American communities today. Holly Harris, executive director of the Justice Action Network, said the measure “was not written in this moment, but it is the rare bill that is truly meeting the moment.”

“It will help reduce the prison population, leaving far fewer people at risk during the COVID-19 pandemic,” Harris said. “It will save up to $75 million in critical taxpayer dollars as the state deals with a fiscal crisis, and it will eliminate unnecessary interactions with the criminal justice system for minor drug offenses as we work to improve relationships between law enforcement and the communities they serve.”

Colorado Governor Signs Marijuana Social Equity Bill Letting Him Expedite Possession Pardons

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.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

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State Of Montana Launches Online Hemp Marketplace To Connect Buyers And Sellers

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Say you’re a Montana farmer who has planted acres of industrial hemp. As harvest nears, you’re looking to offload it. Where do you go to find a buyer?

Montana’s Department of Agriculture says it has the answer.

The state this week announced the launch of an online “Hemp Marketplace,” unveiling an online portal meant to connect the hemp farmers with buyers in search of seeds, fiber and derivatives such as cannabidiol, or CBD.

“The Hemp Marketplace concept originated from the same idea as the department’s Hay Hotline,” the Agriculture Department says on its website, “only instead of hay and pasture, the online tool connects buyers and sellers of hemp and hemp derivatives.”

Listings are free of charge.

Montana online Hemp Marketplace screenshot

Montana Department of Agriculture

Montana farmers have embraced industrial hemp since the state legalized its production under a federal pilot program. The first legal crop was planted in 2017, and in recent years the state has led the country in terms of space dedicated to the plant. In 2018, for example, licensed farmers in Montana grew more acreage of hemp than any other U.S. state. While other states have since eclipsed the state’s hemp production—the crop became broadly federally legal through the 2018 Farm Bill—Montana remains an industry leader.

But to make revenue, farmers have to be able to sell their crop. That’s where the new hemp marketplace comes in. The online portal is essentially a sophisticated bulletin board for buyers and sellers, split into “Hemp for Sale” and “Hemp to Buy” categories.

“With hemp being a relatively new crop grown in Montana, the department recognizes that these markets are still developing,” Department of Agriculture Director Ben Thomas said in a statement. “The Hemp Marketplace was designed to help facilitate connections between buyers and sellers. I’m looking forward to seeing how the marketplace will continue to advance the industry.”

Listings include what type of products are on offer (or being sought), whether a given crop is organic and even whether laboratory testing data is available. The portal also organizes products into one of four varieties based on whether the hemp seeds have been certified by regulators. None of the products may contain more than 0.3 percent THC—the upper limit for what qualifies as hemp under both state and federal law.

Meanwhile, Montana voters are set to decide on Tuesday whether the state will legalize hemp’s more infamous cousin, high-THC marijuana. According to a poll released this week, passage looks likely: The survey, conducted by Montana State University at Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot. Another 38 percent said they were opposed, while 7 percent remained undecided.

At the federal level, officials at the Drug Enforcement Administration are still working to revise rules around marijuana and hemp to reflect Congress’s move to legalize hemp broadly in 2018. While the public comment on the proposals closed earlier this month, nine members of Congress cautioned the agency against adopting its proposed changes, warning some could put hemp producers at risk of criminal liability. Already a number of arrests and seizures have been made by law enforcement officers confused whether products were legal hemp or illicit marijuana.

The U.S. Department of Agriculture (USDA), meanwhile, has faced separate criticism over its own proposed hemp rules, though it has been more proactive in addressing them. Following significant pushback from the industry over certain regulations it views as excessively restrictive, the agency reopened a public comment period, which closed again this month.

USDA is also planning to distribute a national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the market.

Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll

Photo courtesy of Brendan Cleak

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New Jersey Governor Steps Up Marijuana Legalization Push As New Ad Touts Economic Benefits Days Before Election

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With just a few days to go before Election Day, New Jersey Gov. Phil Murphy (D) is continuing to stump for marijuana legalization in that state, extolling the economic and social justice benefits he says the change would bring. His latest comments came shortly after the release of a new campaign ad focusing on legalization’s economic impact.

“We’ll build an industry, it would be a revenue-generator,” Murphy said in an interview with Yahoo Finance. “I think at first it would be modest, but ultimately will grow, I think, into several hundred million dollars in the state budget.”

“Along with social justice,” he added, “that’s a pretty good, winning combination.”

Recent polling suggests voters are mostly on board with legalization, with surveys showing upwards of 60% support for Public Question 1, a referendum to legalize and establish a commercial industry around the drug. If it passes, some lawmakers hope legal sales to adults 21 and older could begin as soon as next month, though regulators and some advocates have pushed back on the plan to start sales in existing medical cannabis dispensaries, saying that it could lead to access and supply issues for patients.

Legalization would indeed likely bring in millions of dollars to the state budget, hit hard by the coronavirus pandemic and ensuing economic downturn. But Murphy claims his chief motivation for supporting the measure is racial justice.

“When I became governor, we had the widest white–nonwhite gap of persons incarcerated, believe it or not, of any American state. The biggest reason was low-end drug offenses,” he said. “So I get there first and foremost because of social justice.”

Meanwhile, on Wednesday, one of the campaign committees behind New Jersey’s legalization effort, NJ CAN 2020, released a new 30-second ad emphasizing the economic benefits legalization could bring the cash-strapped state.

“At a time when this crisis has created challenges we all face—a budget deficit and a lack of funding for services we need—New Jersey could raise hundreds of millions of dollars to support our local schools, vital health care services and community programs, by simply voting yes on Public Question 1,” the ad says.

Earlier this week, U.S. Sen. Cory Booker (D-NJ) also filmed a video in support of the measure. Appearing in a NJ CAN campaign video released Wednesday, he said prohibition “has not been a war on drugs, but a war on people.”

“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help, they’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said.

Black, Latino and low-income communities are also disproportionately targeted by enforcement of drug laws, Booker added. “We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”

In other legal states, cannabis has been a rare bright spot in terms of tax revenue. Oregon, for example, saw record sales this summer even as other areas of the economy slowed. State budget analysts said last month that they expect the strong sales to continue.

“Since the pandemic began, the increase in recreational sales have been more than 30 percent above forecast,” Oregon’s Office of Economic Analysis said in a recent report. “Expectations are that some of these increases will be permanent.”

Other established markets, such as Washington state, Colorado and Nevada, have also seen “strong gains” in marijuana sales amid the pandemic, Oregon’s budget office noted.

Big money has also been flowing into New Jersey’s legalization campaign itself. A report released Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised more than $2 million in campaign contributions. That’s compared to just $9,913 brought in by opponents.

“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”

If voters approve the referendum, lawmakers will still need to pass a bill to establish a framework for the state’s legal marijuana market. A legislative hearing to get a head start on planning was scheduled for last week, but that was canceled when a state senator leading the proposal went into quarantine after being exposed to the coronavirus.

Friday’s appearance by Murphy is the latest effort by the governor to encourage voters to back legalization. He also recorded a video that was released by NJ CAN 2020 earlier this month and recently called on voters to support the proposal in an email blast circulated by the New Jersey Democratic State Committee.

In July, Murphy described legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

Also this month, the NJ CAN campaign scaled up its advertising push, releasing a series of English- and Spanish-language videos.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces of marijuana a civil penalty without the threat of jail time. The bill hasn’t advanced in the Senate.

Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week

Photo courtesy of Gov. Phil Murphy

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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Oregon Psilocybin Ballot Measure Can Help Dying People Find Peace, Doctor Says In TV Ad

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Oregon’s first-of-its-kind ballot measure to legalize psilocybin therapy has the potential to help ease mental suffering for terminally ill people, a medical doctor says in a new TV ad for the initiative.

“I’ve worked in end-of-life care for 28 years. In hospice, we believe when people are dying, we should treat their pain—physical or mental distress,” Dr. Nick Gideonse says in the 30-second spot. “There’s often mental suffering that comes with a terminal diagnosis.”

“So I support Measure 109 to allow psilocybin therapy for terminally ill people suffering from depression. It’s humane,” he said. “Yes on 109 will help those near death come to terms with their diagnosis and find peace.”

If approved by voters, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.

A previous ad released earlier this month by the campaign featured a state senator who is also a medical doctor saying that the measure “promotes safety for a therapy that can help people who are suffering.”

That followed an independent spot by the nonprofit Heroic Hearts Project going on the air in Oregon to tout the benefits of psilocybin therapy, but it didn’t mention the specific ballot measure.

A campaign working to pass a separate measure on the Oregon ballot to decriminalize drug possession and expand substance misuse treatment also recently released a series of ads.

The Oregon Democratic Party formally endorsed both measures last month.

Meanwhile, the psychedelic reform measure has drawn opposition from an unlikely source. Decriminalize Nature, which has led efforts to pass local policies reducing criminal enforcement against psilocybin and other entheogens, has argued that it could threaten equitable access to the substance.

Rep. Earl Blumenauer (D-OR) told Marijuana Moment in January that he was in favor of the psilocybin reform proposal and that he would be working to boost the campaign as the election approaches. In August, he wrote in an email blast that passing the measure is necessary “because it tackles an important issue in our community, mental health, and it does so in an innovative and responsible way.”

Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week

Photo courtesy of Wikimedia/Workman.

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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