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Oklahoma Lawmakers Decline To Override Governor’s Medical Marijuana Delivery Veto

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After the governor of Oklahoma vetoed a wide-ranging medical marijuana expansion bill on Thursday, advocates mounted a last-minute push to get lawmakers in both chambers to override the action on their last day in session Friday. But by the afternoon, the legislature adjourned for the session without taking up the proposal again.

Gov. Kevin Stitt (R) took advocates by surprise when he rejected HB 3228, which had cleared the legislature with impressively strong bipartisan support sufficient to override a veto. Among other things, the bill would have allowed out-of-state residents to obtain temporary medical cannabis licenses, permitted deliveries to patients and revised a statute to make it so any first-time marijuana possession conviction would be punishable by a fine and no jail time.

House leadership reportedly lobbied the Senate to agree to take up an override vote, as they knew it would pass in their chamber but didn’t want to waste time if senators weren’t willing to act. But around noon on Friday, Senate leadership indicated that they would not be challenging the veto after all.

Shortly thereafter, both chambers completed their agendas for the day and voted to adjourn sine die, leaving the veto intact. The motion to end the session technically takes effect next Friday, May 29, so it is possible that lawmakers could take up additional legislation, including the cannabis bill, before they are finally done for the year.

Advocates held out hope until the last minute about the possibility of the Senate reversing course and voting on an override. Given the significant margin of passage in both chambers, they felt an override would have been achievable if they choose to hold a vote.

“It is Senate leadership’s prerogative,” Norma Sapp, executive director of Oklahoma NORML, said in a video update prior to adjournment. “The only thing I can say is possibly make more phone calls to your senators. Otherwise we’re out here praying that something changes.”

In a veto message, Stitt wrote that “HB 3228 is a lengthy bill that alters Oklahoma’s medical marijuana program” and the “language in the bill makes substantial policy changes to the medical marijuana program that were not fully scrutinized through normal legislative procedures before the bill was received by my office in the middle of the night Saturday.”

“While there is much room for improvement in the way our state’s program operates, this bill does not address those items in a way I can support,” he said.

While the governor declined to specify which provisions he opposes, here are the main changes the bill would have accomplished:

Out-of-state individuals would have been able to apply for temporary, 90-day medical cannabis patient licenses—even if they’re weren’t a registered patient in their home state. Those licenses would have been renewable.

The bill also proposed to remove a provision that requires people who aren’t registered cannabis patients to state a valid medical condition if caught possessing marijuana in order to receive a reduced misdemeanor penalty.

Under the policy change, any person—regardless of whether they have a medical condition—would have faced a misdemeanor punishable by up to $400 and no jail time for first-time possession without a medical cannabis card.

Another provision celebrated by reform advocates would have made it so that medical marijuana patient and caregiver records couldn’t be “shared with any other state agency or political subdivision without a warrant issued by a court of competent jurisdiction.”

The bill also proposed several other changes such as allowing patients to pay a late fee to get their registration renewed if they missed the deadline by more than 30 days but fewer than 90 days.

For the delivery section, the legislation states that licensed dispensaries could transport cannabis products to patients’ private residences as long as they were located within a 10-mile radius. If there weren’t any dispensaries in that range, a dispensary more than 10 miles away could have still delivered products if they were based in the same country as the residence.

It’s not clear which of these proposals the governor opposed to the extent that he chose to veto it. He signed a bill establishing a regulatory framework for Oklahoma’s medical cannabis program last year after voters approved a legalization ballot measure in 2018.

Oklahoma activists filed a proposed ballot measure to legalize cannabis for adult use in December. Last month, a campaign staffer said they’re awaiting state Supreme Court approval to gather signatures but tempered expectations that it would be feasible to collect enough in the allotted timeframe due to the coronavirus pandemic.

A state lawmaker also said he would be introducing a bill to legalize recreational marijuana and argued it would “potentially be a revenue funder” to fill coffers diminished by the health crisis.

Meanwhile, in Virginia, the governor signed a bill on Thursday officially making the state the 27th in the U.S. to decriminalize cannabis possession.

New York Governor Says ‘I Believe We Will’ Legalize Marijuana

Photo courtesy of Philip Steffan.

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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Massachusetts Senator Gives Wicked Chill Marijuana Response To Blunt-Smoking Constituent

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Sen. Ed Markey (D-MA) didn’t flinch when a person apparently smoking a marijuana blunt voiced support for his reelection campaign as he walked the streets of Revere, Massachusetts on Saturday.

In fact, after the constituent passed by, the senator affirmed “I support marijuana by the way.”

A staffer on Markey’s campaign exclaimed “that was so cool!” after the cannabis enthusiast stated their support. She also later clarified that while the person was in a car, they was in the passenger seat. (It’s still illegal to smoke marijuana as a passenger in a vehicle in Massachusetts, however.)

Markey, who is facing a primary challenge from Rep. Joe Kennedy III (D-MA), has claimed that he came out in favor of legalization prior to his competitor, who until November 2018 was a staunch opponent to the policy change.

“I have supported legalization since it passed in Massachusetts,” Markey said during a primary debate in June, adding that he “voted to support legalization when it was on the ballot” in 2016—though the senator didn’t make it public at the time, and didn’t endorse the measure during the campaign.

“I believe that it is something that also I might add should be done in a way in which racial minorities for the first time should be able to fully participate in the business opportunities that marijuana is going to present in our state, and that we have to create a banking system that ensures that it’s not a cash business, but something that goes through a traditional banking system.”

While presumptive Democratic presidential nominee Joe Biden remains opposed to adult-use legalization, the senator said in an interview last month that, if Democrats reclaim the Senate and White House, Congress will “move very quickly” to enact that change regardless of Biden’s position on the issue.

For further seeming proof that the senator is attempting to woo the cannabis vote, look no further than this recently released ad featuring psychedelic music and contextless trippy cuts from his first campaign for Congress.

Analyzing Congress’s Latest Vote To Protect Legal Marijuana States From Federal Enforcement

Photo courtesy of Martin Alonso.

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Analyzing Congress’s Latest Vote To Protect Legal Marijuana States From Federal Enforcement

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Last week, for the second year in a row, the House of Representatives approved a spending bill amendment to protect all state, territory and tribal marijuana programs from federal interference.

The measure, which blocks the Department of Justice from using its funds to impede the implementation of cannabis local programs, cleared the chamber in a 254-163 vote. While there were fewer votes in favor of the amendment compared to last year’s tally of 267-165, that’s accounted for by an overall dip in votes, the death or absence of pro-reform members and the lack of ability to vote on the floor by delegates representing non-state U.S. territories this time around. “No” votes also decreased, though by a smaller margin.

“Overall, we are pleased with the successful vote,” Justin Strekal, political director of NORML, told Marijuana Moment. “It indicates an eager willingness for the House to address the underlying issue of federal prohibition and hope that House leadership views it the same way.”

There were notable flips in both directions—most significantly longtime opponent Rep. Debbie Wasserman Schultz (D-FL), who for the first time voted in favor of the measure—and other dynamics at play.

This analysis focuses on comparing only the 2019 and 2020 votes, whereas a previous Marijuana Moment’s piece compared last year’s result to a 2015 vote on the initial version of the measure that narrowly failed by a tally of 206-222.

All told, 222 Democrats voted in favor of the amendment while 157 Republicans opposed it. However, despite that partisan divide, there were several interesting exceptions.

Who Changed Their Vote From Last Year?

2019 “no” votes flipped to 2020 “yes” votes: 

  • Rep. Mark Amodei (R-NV)
  • Rep. Sharice Davids (D-KS)
  • Rep. Drew Ferguson IV (R-GA)
  • Rep. Mark Green (R-TN)
  • Rep. Roger Marshall (R-KS)
  • Rep. Debbie Wasserman Schultz (D-FL)

As noted, Wasserman Schultz’s “yes” vote is especially interesting, as the former Democratic National Committee chair has historically opposed cannabis reform and voted twice against versions of this measure. Just before voting yes this time, she could be seen engaging in an animated chat on the House floor with amendment sponsor Rep. Early Blumenauer (D-OR).

Amodei’s shift to a favorable vote is also notable given that his state legalized adult-use marijuana, though the policy had already been in place when he cast a “no” vote last year—something he likely got negative feedback about from constituents.

Davids, along with Wasserman Schultz, was one of only eight Democrats to vote against the measure in 2019, and she’s now joined the vast majority of her party colleagues in supporting the amendment.

2019 “yes” votes to flipped to 2020 “no” votes:

  • Rep. Matthew Cartwright (D-PA)
  • Rep. James Comer (R-KY)
  • Rep. Russ Fulcher (R-ID)
  • Rep. Greg Gianforte (R-MT)
  • Rep. Bob Gibbs (R-OH)
  • Rep. Tom Rice (R-SC)
  • Rep. David Schweikert (R-AZ)
  • Rep. Mike Simpson (R-ID)

Of this group, Comer’s switch to the opposition stands out the most. He’s been a vocal advocate for the hemp industry and even brought a CBD product that he said he uses to a congressional hearing last year.

Schweikert, Cartwright and Gianforte are also of interest, as each of their states are positioned to advance adult-use legalization. Activists in Montana and Arizona are confident that their legalization initiatives will qualify for the November ballot. In Pennsylvania, top lawmakers and state officials are actively pushing for bold cannabis policy reform.

This year’s action also provided an opportunity to see where lawmakers who did not participate in the vote last year—either because they were absent or not yet serving in Congress—stand on the issue.

2019 absences to 2020 “yes” votes:

  • Rep. Tom Emmer (R-MN)
  • Rep. Alcee Hastings (D-FL)
  • Rep. Ann Kirkpatrick (D-AZ)
  • Rep. Kweisi Mfume (D-MD)
  • Rep. Tim Ryan (D-OH)
  • Rep. Eric Swalwell (D-CA)

2019 absences to 2020 “no” votes: 

  • Rep. Dan Bishop (R-NC)
  • Rep. Mike Garcia (R-CA)
  • Rep. Jaime Herrera Beutler (R-WA)
  • Rep. Chris Jacobs (R-NY)
  • Rep. Gregory Murphy (R-NC)
  • Rep. Thomas Tiffany (R-WI)

In contrast, several members who did vote on the measure in 2019 did not get the chance to do so again this year. Some lawmakers have since died or resigned, while others were not present for other reasons and didn’t give their proxy votes to other members.

2019 “yes” votes to 2020 absences:

  • Rep. Aumua Amata (R-AS)
  • Rep. Chris Collins (R-NY) (resigned)
  • Rep. Elijah Cummings (D-MD) (deceased)
  • Rep. Marcia Fudge (D-OH)
  • Res. Comm. Jenniffer González-ColĂłn (R-PR)
  • Rep. Tom Graves (R-GA)
  • Rep. Duncan Hunter (R-CA) (resigned)
  • Rep. John Larson (D-CT)
  • Rep. John Lewis (D-GA) (deceased)
  • Rep. Paul Mitchell (R-MI)
  • Rep. Eleanor Norton (D-DC)
  • Rep. Stacey Plaskett (D-VI)
  • Rep. Guy Reschenthaler (R-PA)
  • Rep. Gregorio Sablan (D-MP)
  • Rep. Linda Sánchez (D-CA)
  • Rep. Michael San Nicolas (D-GU)

This category does the most to help explain why this year’s amendment saw fewer “yes” votes compared to 2019. The loss of Cummings and Lewis, the resignation of two Republican reform allies and the fact that representatives of the District of Columbia and territories such as Puerto Rico and Guam weren’t allowed to vote for procedural reasons related to the House’s coronavirus-related social distancing protocols.

2019 “no” votes to 2020 absences:

  • Rep. Sean Duffy (R-WI) (retired in 2019)
  • Rep. Louie Gohmert Jr. (R-TX)
  • Rep. Kay Granger (R-TX)
  • Rep. Adam Kinzinger (R-IL)
  • Rep. Mark Meadows (R-NC) (appointed White House chief of staff)
  • Rep. Markwayne Mullin (R-OK)
  • Rep. John Ratcliffe (R-LA) (appointed director of national intelligence)
  • Rep. William Timmons (R-SC)

Who Voted To Let The Feds Arrest Their Constituents?

All told, there were 17 members, all Republicans, who represent legal adult-use cannabis states who cast “no” votes for the amendment to protect their constituents’ interests. This analysis doesn’t include members from states that have only legalized medical cannabis, as those programs are already protected under an existing spending rider that’s been approved each year since 2014.

California

  • Rep. Ken Calvert (R-CA)
  • Rep. Paul Cook (R-CA)
  • Rep. Mike Garcia (R-CA)
  • Rep. Doug LaMalfa (R-CA)
  • House Minority Leader Kevin McCarthy (R-CA)
  • Rep. Devin Nunes (R-CA)

Colorado

  • Rep. Doug Lamborn (R-CO)
  • Rep. Scott Tipton (R-CO)

Illinois

  • Rep. Michael Bost (R-IL)
  • Rep. Darin LaHood (R-IL)
  • Rep. John Shimkus (R-IL)

Michigan

  • Rep. Jack Bergman (R-MI)
  • Rep. Bill Huizenga (R-MI)
  • Rep. John Moolenaar (R-MI)
  • Rep. Tim Walberg (R-MI)

Washington State

  • Rep. Jaime Herrera Beutler (R-WA)
  • Rep. Cathy McMorris Rodgers (R-WA)

Who Went Against Their Party On The Amendment?

While cannabis legalization is an increasingly bipartisan issue, with majorities of the public from both parties expressing support for the policy change, the partisan divide remains largely intact in Congress. That said, the vote revealed some ideological dissents.

Democrats who voted “no”:

  • Rep. Matthew Cartwright (D-PA)
  • Rep. Henry Cuellar (D-TX)
  • Rep. Josh Gottheimer (D-NJ)
  • Rep. Conor Lamb (D-PA)
  • Rep. Collin Peterson (D-MN)
  • Rep. Tom Suozzi (D-NY)

These votes are even more interesting given that most of these members represent states where plans are in the works to implement recreational marijuana legalization. For example, in Gottheimer’s New Jersey, voters will see a marijuana legalization referendum on the November ballot. Top lawmakers in states represented by many of the other Democratic “no” votes are pushing legislation to end cannabis prohibition.

Republicans who voted “yes”:

  • Rep. Mark Amodei (R-NV)
  • Rep. Kelly Armstrong (R-ND)
  • Rep. Don Bacon (R-NE)
  • Rep. Troy Balderson (R-OH)
  • Rep. Ken Buck (R-CO)
  • Rep. Rodney Davis (R-IL)
  • Rep. Tom Emmer (R-MN)
  • Rep. Drew Ferguson (R-GA)
  • Rep. Matt Gaetz (R-FL)
  • Rep. Anthony Gonzalez (R-OH)
  • Rep. Mark Green (R-TN)
  • Rep. Morgan Griffith (R-VA)
  • Rep. Kevin Hern (R-OK)
  • Rep. Trey Hollingsworth (R-IN)
  • Rep. David Joyce (R-OH)
  • Rep. Roger Marshall (R-KS)
  • Rep. Thomas Massie (R-KY)
  • Rep. Brian Mast (R-FL)
  • Rep. Tom McClintock (R-CA)
  • Rep. Dan Newhouse (R-WA)
  • Rep. Tom Reed (R-NY)
  • Rep. Denver Riggleman (R-VA)
  • Rep. Mike Rogers (R-AL)
  • Rep. Chip Roy (R-TX)
  • Rep. Greg Steube (R-FL)
  • Rep. Fred Upton (R-MI)
  • Rep. Greg Walden (R-OR)
  • Rep. Michael Waltz (R-FL)
  • Rep. Steve Watkins (R-KS)
  • Rep. Ted Yoho (R-FL)
  • Rep. Don Young (R-AK)

Notably, only seven of those 31 “yes” votes came from Republican members representing states with legal recreational marijuana laws on the books.

What remains to be seen, however, is how the GOP-controlled Senate will approach this measure. There were not similar amendments introduced to that chamber’s version in 2015 or 2019, and it’s not clear whether any senators will attempt to insert a version this round. The Senate has not yet started its Fiscal Year 2021 appropriations process.

Congressional Researchers Admit Legalizing Marijuana Hurts Mexican Drug Cartel Profits

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.
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Illinois Shatters Marijuana Sales Record With Nearly 1.3 Million Products Sold In July

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Illinois saw another record-breaking month of recreational marijuana sales in July, the state’s Department of Financial and Professional Regulation announced on Monday.

Despite the coronavirus pandemic, Illinois is reporting nearly $61 million in adult-use cannabis sales—smashing the previous record set in June of nearly $47 million. For the first time, more than one million marijuana items—1,270,063 to be precise—were purchased in a monthly reporting period.

Illinois residents accounted for $44,749,787 in cannabis sales, while out-of-state visitors purchased $16,207,193 worth of marijuana.

Via Illinois Department of Financial and Professional Regulation.

The new adult-use sales figures don’t include data about purchases made through the state’s medical cannabis program.

State officials have emphasized that while the strong sales trend is positive economic news, they’re primarily interested in using tax revenue to reinvest in communities most impacted by the drug war. Illinois brought in $52 million in cannabis tax revenue in the first six months since retail sales started in January, the state announced last month, 25 percent of which will go toward a social equity program.

In May, the state also announced that it was making available $31.5 million in restorative justice grants funded by marijuana tax revenue.

The out-of-state sales data seems to support Gov. J.B. Pritzker’s (D) prediction during his State of the State address in January that cannabis tourism would bolster the state’s coffers.

Prior to implementation, the pardoned more than 11,000 people with prior marijuana convictions.

Over in Oregon, officials have been witnessing a similar sales trend amid the global health crisis. Data released in May showed sales of adult-use cannabis products were up 60 percent.

Louisiana Law Allowing Medical Marijuana For Any Debilitating Condition To Take Effect

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