Seven governors from across the country discussed marijuana issues at an annual policy conference on Friday. Like last year’s event, the elected officials touched on a wide range of cannabis issues, from social equity to federal reform to competing with other legalized states. One even joked about growing marijuana in the governor’s mansion…
Here’s a roundup of what the governors said at Politico’s State Solutions forum:
Illinois Gov. J. B. Prtizker (D)
The governor spoke extensively about his state’s efforts to promote social equity in its adult-use cannabis market. Pritzker, who signed a bill making Illinois the eleventh state to legalize for recreational purposes last year, said equity is the “the prime component” of the policy change.
Mass pardons and expungements are part of the administration’s focus, he said. One day before the state’s legal marijuana market launched last month, Pritzker announced that his office had pardoned more than 11,000 people. But he said that ultimately an estimated “300,000 people in our state will either be pardoned and have their records expunged or their arrest record will be taken away” under the new system.
Job and housing opportunities are impacted by criminal records for cannabis offenses, he continued, and a disproportionate amount of convictions have fallen on minority communities.
Part of the tax revenue from marijuana sales will go toward those communities, a move aimed at “reversing the damage” of prohibition, the governor said.
Unlike other states that have pursued legalization through a ballot initiative process, Illinois was the first to establish a tax-and-regulate cannabis market through an act of the legislature. Lawmakers took “very intentional” steps over two years in crafting the bill to ensure that its system had equity provisions in place, he said.
“What we wanted to do was make sure that people—not just people of color but people traditionally who haven’t been able to get into business from neighborhoods all over the statewide—have a shot at this,” he said. “So we created a program that does that.”
“The way we started this industry was we wanted to make sure it was highly regulated and that we were managing that regulation properly,” he said, adding that part of that process involved allowing existing medical cannabis shops to have a leg up in the adult-use market. The problem, he said, is that the previous governor’s administration approved licenses for medical marijuana businesses that were all owned by white males. “There’s nothing horribly wrong about it, but there’s no diversity,” he said.
To increase diversity, Illinois is prioritizing new entrants to the industry who are from communities most impacted by the war on drugs.
“We are very focused on having the social equity component be successful,” Prtizker said. “And that’s why so many other states that are on the verge of legalizing cannabis are looking at what we did and calling us and asking, ‘what did you do—how do we get that done in our state?'”
Pritzker also talked about how regulated markets can combat the illicit trade and also mitigate public health risks associated with buying cannabis products—including vape cartridges associated with lung injuries—that aren’t tested for quality standards.
“There’s going to be a black market of some sort. The question is are you managing this properly?” he said. “In Illinois, we had deaths from synthetic marijuana. Then there were deaths from the use of illegally manufactured THC cartridges for vaping devices.”
“What you get now when you go to a dispensary—a legal dispensary in the state of Illinois—is a product that you know is safe.”
“It’s safely manufactured,” he said. “It’s been tested.”
“We’re being very careful about that and I think that’s the advantage people find and the reason you don’t want to go find some dealer that’s going to sell you something that you don’t know what’s in it, you don’t know where it came from. That’s why I think people are showing up at the dispensaries and we had a great first month,” he said, referencing Illinois’s roughly $40 million in cannabis sales in January.
“We’re on our way, and I think we’re doing it in the right way and being very careful and we’re making adjustments…because this is new thing for Illinois and frankly still relatively new in the nation,” Pritzker said.
Colorado Gov. Jared Polis (D)
Polis was asked to share his thoughts on what would be the best option for Colorado marijuana businesses: opening the market nationally or insulting state markets.
“The more we move towards a competitive industry the better. I think Colorado businesses are ready to compete,” he said. “If you open up nationally, you have the issue, in many of our neighboring states, it remains illegal. You can’t transport it across Kansas if it’s illegal in Kansas even if it’s legal to take it across the border.”
“Colorado says, bring it on. We’re excited to move in this direction nationally, and Colorado led the way as one of the first two states to legalize recreational cannabis and we are ready to compete on a national and international stage,” he said.
The governor also touted Colorado’s “really thriving cannabis industry,” which includes industrial hemp.
That said, Polis said he’s cognizant of the fact that more states are pursuing legalization and he wants to ensure that Colorado has the most effective system in place.
“We have a more mature industry than other states. We want to keep that advantage because they’re going to catch up,” he said.
“We want to be ready for the next stage.”
Part of the involves opening the marijuana market to outside investors, letting cannabis companies go public and finding solutions to the lack of financial services available to the industry. He addressed those former issues through legislation he signed last year, and Polis said the banking problem could be resolved through House-passed legislation that would protect financial institutions from being penalized by federal regulators for working with state-legal marijuana companies.
“We’re doing everything we can under our state authority to make sure that cannabis legal companies have access to financial services,” he said.
Polis’s administration recently released a roadmap to to provide cannabis businesses in the state with access to financial services.
Rhode Island Gov. Gina Raimondo (D)
The governor, who recently included marijuana legalization language in her annual budget proposal, clarified that she’s not personally enthusiastic about ending cannabis prohibition in the state and acknowledged that during her first years in office, “I resisted it.” But, she said, Rhode Island is a “tiny state” surround by jurisdictions that have either legalized marijuana or are taking steps to do that, and so regulating the market is necessary.
“If you talk to the state troopers that police our highways or you talk to teachers in schools, they will tell you, ‘governor, it is here.’ Whether you like it or not, it is here,” she said, adding that her office “is about a 10 minute drive” from a dispensary in neighboring Massachusetts, “so to pretend that we don’t have adult-use marijuana in Rhode Island is silly.”
“Let’s have a responsible way to regulate adult-use marijuana.”
Raimondo tempered expectations about tax revenue from legal cannabis sales and said “at the end of the day, it’s not the money.”
“Sometimes it takes more than a year to get a good idea done,” Raimondo said, referring to reluctance that leading lawmakers have expressed about legalization. “If we don’t do it this year, maybe next year. To my mind it’s inevitable and we should just be smart about it.”
North Dakota Gov. Doug Burgum (R)
Burgum was asked about how his state’s voters approved a medical cannabis ballot measure in 2016 but rejected a broader marijuana legalization initiative in 2018.
“I haven’t supported recreational but I did support medical,” he said, noting that he also launched a program aimed at pardoning people with past marijuana convictions.
“This war on drugs has turned out to be a war on people who have a disease,” he said. “If you’ve got a chronic, progressive and ultimately fatal disease and we try to handle that problem with punishment and imprisonment it’s cost the most and has the leas efficacy for solving it.”
Watch Burgum’s marijuana comments 49:45 into the video below:
North Dakota voters may see another marijuana legalization measure on the ballot again this year, but Burgum is concerned about the conflict with federal law.
“As long as the federal government is opposing it and you can’t bank the dollars that come up, you end up with a huge black market cash economy,” he said. “I’d like to have the feds catch up with that.”
Maryland Gov. Larry Hogan (R)
Hogan’s cannabis conversation focused on how the state’s medical marijuana system wasn’t effectively implemented despite his support for the policy change.
“It happened actually right before I became governor under the previous governor—it was passed by the legislature and the law just wasn’t written very well, so they’ve had difficulty in awarding the licenses,” he said. “There was some concerns about, you know, the way it was implemented. But it’s finally starting to happen and it’s, you know, it’s getting straightened out.”
Watch Hogan’s marijuana comments 45:50 into the video below:
While lawmakers in the legislature have talked about the prospect of legalizing marijuana for adult use, “it doesn’t look as if that’s going to move forward any time soon,” he said. “The legislature has said they’re not going to bring that up.”
Utah Gov. Gary Herbert (R)
Herbert discussed his state’s steps toward implementing legal medical cannabis after voters overwhelmingly approved a 2018 ballot measure on the topic, which lawmakers then replaced with an alternate legislative proposal.
“It’s just a matter of evolving to where we need to be to address the market demands, and that’s yet to be determined. So starting small is easier than starting with too many and then having to cut back,” he said, referring to how only a handful of dispensaries are set to open next month. “I think we’re doing it in the right methodical, careful way.”
Asked to address his past opposition to medical cannabis, the governor talked about the need for more scientific research.
“If in fact there’s medical properties for use of cannabis, marijuana, we ought to know what they are,” he said. “There ought to be testing, scientific analysis and do the things that are necessary to get a drug approved like we do with typical FDA approval. What we have now is just anecdotal story, and that’s not to discount the anecdote, but that’s not how we in fact decide whether a substance should be controlled, prescribed by a doctor, administered and at what doses.”
“If it’s going to be a medicine, we ought to treat it like a medicine,” he said.
Watch Herbert’s marijuana comments 1:03:50 into the video below:
Herbert also criticized the federal government for dragging its feet on cannabis issues and fostering a situation where a growing number of states are changing laws while national prohibition remains in effect.
“We’re tired of waiting,” he said. “The federal government simply turns a blind eye to the enforcement of the law.”
“There’s still work to be done and I just think the federal government’s been very slow to come to the forefront on this very emotional issue.”
“Let’s help the banking industry,” Herbert continued. “We can’t even buy this stuff here without violating federal law and making it a problem for the banks.”
Guam Gov. Lou Leon Guerrero (D)
Leon Guerrero, who signed a bill legalizing marijuana in the U.S. territory last year, spoke about how the new law, as well as a medical cannabis one that voters approved in 2014, is still in the process of being implemented.
“We haven’t really gotten much revenue from it because we’re still working the rules and regulations,” she said.
Watch Leon Guerrero’s cannabis comments, about 29:40 into the video below:
Noting the fact that possession and low-level home cultivation is legal, she joked that she hasn’t personally taken advantage of those provisions of the policy.
“I was looking to see if there’s a place at the government house to grow six plants,” she said.
Photo courtesy of Mike Latimer.
USDA Announces Hemp Policy Changes To Improve Insurance Coverage For Producers
The U.S. Department of Agriculture (USDA) on Thursday announced that it has taken steps to improve insurance policies for hemp businesses, making them more flexible in response to stakeholder feedback.
USDA’s Risk Management Agency (RMA) said it is making it so hemp producers are no longer mandated to deliver their crop “without economic value for insurability.” It further amended policy to clarify how the “amount of insurable acreage is determined if the processor contract specifies both an acreage and a production amount.”
— Risk Management Agency (@usdaRMA) December 2, 2021
“This change was made in the policy to ensure producers know how their insurable acreage is determined for those contracts,” the agency said in a press release.
RMA Administrator Marcia Bunger said that hemp is “an emerging crop, and we are working with hemp producers to provide insurance options that make sense for producers and for insurance providers.”
“RMA has worked to expand and refine our offerings to be responsive and dynamic,” she said.
The department also said it has added a requirement for producers who grow hemp directly from seeds that are planted in the ground.
“Before insurance attaches, producers must have acreage inspected and must have a minimum of 1,200 live plants per acre,” it explained. “This requirement was added to align direct-seeded hemp with the common farming practice for transplanted Cannabidiol (CBD) of transplanting at least 1,200 live plants per acre.”
The policy changes were outlined in a bulletin that was published on Tuesday. The department also released updated insurance standards and crop loss adjustments handbooks, as well as a detailed summary of the changes.
USDA has taken a number of steps to align hemp insurance policies with those of other lawful crops since the plant was federally legalized under the 2018 Farm Bill, consistently seeking out input from stakeholders as the industry matures.
Last year, for example, the department made it so hemp farmers can qualify for Multi-Peril Crop Insurance, in addition to several other coverage programs for which the crop is now eligible.
As it stands, federal hemp crop insurance programs are available in select counties in 25 states. This year alone, “hemp producers insured 12,189 acres and 59 policies to protect $10.9 million in liabilities,” USDA said.
As part of its overall outreach, the department launched a large-scale survey in August to gain insight into the hemp market that’s emerged.
After requesting permission from the White House earlier this year to conduct the survey of about 20,000 hemp farmers, the agency’s National Agricultural Statistics Service recently said that the forms are being finalized to be filled out via mail or online.
USDA is asking questions about plans for outdoor hemp production, acreage for operations, primary and secondary uses for the crop and what kinds of prices producers are able to bring in. The questionnaire lists preparations such as smokeable hemp, extracts like CBD, grain for human consumption, fiber and seeds as areas the department is interested in learning about.
Last year, USDA announced plans to distribute a separate national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the industry.
That survey is being completed in partnership with National Association of State Departments of Agriculture and the University of Kentucky. The department said it wanted to learn about “current production costs, production practices, and marketing practices” for hemp.
There’s still much to learn about the burgeoning market, even as USDA continues to approve state regulatory plans for the crop. Recently, the agency approved a hemp plan submitted by Colorado, where officials have consistently insisted that the state intends to be a leader in the space.
While USDA’s final rule for hemp took effect on March 22, the agency is evidently still interested in gathering information to further inform its regulatory approach going forward. Industry stakeholders say the release of the final rule is a positive step forward that will provide businesses with needed guidance, but they’ve also pointed to a number of policies that they hope to revise as the market matures such as USDA’s hemp testing requirements.
The federal Small Business Administration’s Office of Advocacy expressed a similar sentiment in a blog post in February, writing that it is “pleased with some of the changes that [USDA] has made to the rule, as they offer more certainty and are less burdensome to small farmers,” but “some concerns remained unaddressed in the final rule.”
USDA announced in April that it is teaming up with a chemical manufacturing company on a two-year project that could significantly expand the hemp-based cosmetics market.
Meanwhile, the U.S. Department of Energy (DOE) announced in August that it is sponsoring a project to develop hemp fiber insulation that’s designed to be better for the environment and public health than conventional preparations are.
Photo courtesy of Brendan Cleak.
GOP Congressman And AOC Team Up On Marijuana Bill To Incentivize State-Level Expungements
As congressional lawmakers work to advance federal marijuana legalization, a bipartisan duo on Thursday filed a bill that would incentivize states and local governments to expunge cannabis records in their jurisdictions.
Reps. Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY) are sponsoring the legislation, titled the Harnessing Opportunities by Pursuing Expungement (HOPE) Act.
It would encourage states to provide relief to people with non-violent marijuana convictions through federal grants—the State Expungement Opportunity Grant Program, run through the Department of Justice—that would help cover the administrative costs of identifying and clearing eligible cases. The bill proposes to appropriate $2 million in funding to support the program for each fiscal year starting in 2023 and ending in 2032.
Specifically, the grants could be used by states to purchase technology used to facilitate expungements at scale, automate the relief process, fund legal clinics to help people get their records cleared and support “innovative partnerships” to provide mass relief.
“Having been both a public defender and a prosecutor, I have seen first-hand how cannabis law violations can foreclose a lifetime of opportunities ranging from employment to education to housing,” Joyce said in a press release. “The collateral damage caused by these missed opportunities is woefully underestimated and has impacted entire families, communities, and regional economies.”
Goes to show that lawmakers don’t have to agree on everything to find common ground on solutions to the challenges facing everyday Americans. https://t.co/lqWmY6uoKH
— Dave Joyce (@RepDaveJoyce) December 2, 2021
“By helping states establish and improve expungement programs for minor cannabis offenses, the HOPE Act will pave the way for expanded economic opportunities to thrive alongside effective investments to redress the consequences of the War on Drugs,” the congressman said.
Ocasio-Cortez said that “as we continue to advocate for the decriminalization and legalization of marijuana, this bipartisan bill will provide localities the resources they need to expunge drug charges that continue to hold back Americans, disproportionately people of color, from employment, housing and other opportunity.”
As we continue to advocate for the decriminalization and legalization of marijuana, this bill will provide needed resources to expunge drug charges that continue to hold back Americans – disproportionately people of color – from employment, housing and other opportunity.
— Rep. Alexandria Ocasio-Cortez (@RepAOC) December 2, 2021
Under the bill, state governors and local governments “shall submit to the attorney general an application at such time, in such manner, and containing such information as the attorney general may reasonably require” to qualify for the grants.
Further, the legislation would require the attorney general to carry out a study on the impacts of cannabis convictions on individuals, as well as the financial costs for states that incarcerate people over non-violent marijuana offenses.
Officials in jurisdictions that receive the grants would be required to “publish on a publicly accessible website information about the availability and process of expunging convictions for cannabis offenses, including information for individuals living in a different jurisdiction who were convicted of a cannabis offense in that jurisdiction.”
They would also need to “submit to the attorney general a report describing the uses of such funds, and how many convictions for cannabis offenses have been expunged using such funds.”
While the proposal wouldn’t end federal marijuana prohibition, it would help facilitate relief at the state level where most cannabis arrests take place in the U.S.
The bill also holds bipartisan appeal. It’s an important, albeit incremental, move to right the wrongs of the drug war, as progressives have been fighting for; it’s also narrowly tailored, simply giving an incentive to states to enact a reform that has majority support among the public.
“This bipartisan effort represents the growing consensus to reform marijuana policies in a manner that addresses the harms inflicted by prohibition,” NORML Political Director Justin Strekal said. “It provides cash assistance for state and localities that are wisely choosing to remove these stigmatizing records. There is no justification for continuing to prevent tens of millions of Americans from fully participating in their community and workforce simply because they bear the burden of a past marijuana conviction.”
“Ultimately, efforts to provide necessary relief to those who carry the scarlet letter of a marijuana conviction must be carried out primarily by state and local officials,” he said. “Having this federal incentive available will go a long way toward empowering local leaders and citizens to take these steps to address the past injustices brought about by the failed policy of marijuana prohibition, and will also move us closer toward embracing more reasonable cannabis policies.”
What’s more, while there’s been an open question about what President Joe Biden would do with a broad marijuana reform bill if it arrived on his desk given his ongoing opposition to adult-use legalization, he’s repeatedly said that nobody should be incarcerated over cannabis and that records should be expunged, so this proposal could potentially garner his favor.
There’s a similar provision to incentivize state-level expungements included in the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that cleared the House Judiciary Committee in September. But that legislation is far more wide-ranging in that it would federally deschedule cannabis.
Meanwhile, Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) are finalizing their own bill to federally legalize marijuana.
More recently, GOP lawmakers filed a legalization bill that is being framed as a compromise between progressive proposals and more scaled-back legislation that Republican legislators have introduced in recent sessions. It also contains expungements provisions.
Read the full text of the new marijuana expungements bill below:
DEA Again Boosts 2022 Production Goals For Psychedelics Like Psilocybin, MDMA and DMT
The Drug Enforcement Administration (DEA) has yet again increased its quota for the legal production of illegal controlled substances like psilocybin, MDMA and DMT for research purposes in 2022.
In a notice published in the Federal Register on Thursday, the agency made another quota adjustment for certain psychedelics. This has become something of a theme both for 2021 and 2022 production goals, with DEA raising the amounts in response to increased interest and demand within the scientific community.
Take psilocybin, for example. When DEA first released its 2021 quota for the psychedelic compound, it said it wanted just 30 grams for the year. Now that number has been boosted to 8,000 grams for 2022—a 26,567 percent increase.
“The [aggregate production quotas] established today reflect DEA’s estimates of the medical, scientific, research, and industrial needs of the United States for 2022, as well as lawful export requirements and establishment and maintenance of reserve stocks,” the agency said. “DEA can adjust the established APQs if these needs change.”
“For instance, if DEA receives additional research protocols from DEA-registered researchers, or additional quota applications from DEA-registered manufacturers, DEA will consider revising the APQ,” it explained. “DEA did receive additional quota applications from DEA-registered manufacturers for 5-MEO-DMT, psilocybin, and MDMA.”
DEA’s quota for MDMA more than doubled since it first proposed its 2022 target number, increasing from 3,200 grams to 8,200 grams. Going back to the agency’s initial 2021 quotas, it originally wanted just 50 grams of MDMA.
DMT is another apparent drug of interest within the research and medical communities, with DEA adjusting its 2022 quota from 250 grams to 3,000 grams. In further contrast, the agency’s first 2021 APQ called for only 50 grams of DMT.
When it comes to 5-MeO-DMT, DEA initially wanted just 35 grams for 2021, but that has now been ramped up significantly to 2,550 grams for 2022.
In the new notice, DEA also said that it received feedback from indigenous communities regarding the production of certain substances that are used ceremonially. For example, the Native American Church of North America submitted a comment concerning mescaline.
“They commented that their peyote ceremonies are contingent on the continued availability of peyote in the wild for sacramental use, and that the non-Native use of mescaline in research and clinical studies will have a direct impact upon the church’s ability to use, purchase, transport, and possess peyote pursuant to the American Indian Religious Freedom Act (AIRFA), as it will lead to commercialization and exploitation of peyote across its natural range and potential reclassification of its scheduling status,” DEA said.
The agency explained in its response that it is not proposing the manufacturing of peyote-derived mescaline, however, and instead will be relying on synthetic forms of the substance. “Thus, the 2022 APQ for mescaline does not have any material effect on the use of peyote by members of the Native American Church,” it said.
All told, the final quotas represent welcome news for researchers and advocates. It shows a willingness from the leading federal drug enforcement agency to recognize an emerging scientific field and promote studies into the substances regardless of their Schedule I status.
See the full list of DEA production quotas for certain drugs for 2021 and 2022 as proposed and revised below:
|Substance||2021 initial||2021 revised||2021 final||2022 initial||2022 final|
|All other tetrahydrocannabinol||1,000||1,000||1,000||2,000||2,000|
And meeting the 3.2 million gram production goal for marijuana for 2022 in particular could be simplified now that DEA has decided to end the current monopoly on federally authorized cannabis manufacturing that the University of Mississippi has had for half a century by approving additional growers for research.
National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.
But while the production developments are promising, advocates are still frustrated that these plants and fungi remain in the strictest drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.
A federal appeals court recently dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.
Meanwhile, DEA has given hemp businesses that sell delta-8 THC products a boost, with representatives making comments recently signaling that, at the federal level at least, it’s not a controlled substance at this time.
Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.
Photo courtesy of Wikimedia/Mushroom Observer.