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State Lawmakers Already Filing Marijuana Bills For 2018

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There is widespread anticipation among marijuana policy watchers that 2018 could finally be the year that states begin legalizing cannabis by acts of lawmakers.

All eight states that have ended marijuana prohibition to date have been directed to do so by voters at the ballot box.

But not all states allow for ballot initiatives, and so at some point the fight to legalize cannabis will shift in earnest to legislative chambers, just as lawmakers began taking medical marijuana reform into their own hands after the first wave of voter-enacted laws in the 1990s demonstrated the popularity of the issue.

There are growing indications that the shift for recreational legalization is happening now.

In Vermont, House and Senate leaders and Gov. Phil Scott (R) have signaled in recent weeks that they are prepared to legalize marijuana very soon after the legislature reconvenes on January 3. Because the state operates on a biennium, all that is needed is one more House vote in favor of a previously-Senate-passed bill that the governor has pledged to sign.

New Jersey Gov.-elect Phil Murphy (D) campaigned on legalization, and the Senate president says he’s ready to pass a bill in 2018.

While many observers of cannabis policy are already aware the the Green Mountain State and Garden State are vying to be the first to legalize marijuana legislatively, lawmakers in other states are already making moves to prepare for anti-prohibition efforts in 2018.

On Thursday, a New Mexico senator prefiled a proposed constitutional amendment to legalize cannabis.

Also on Thursday, New York lawmakers announced that three Assembly committees will hold a joint hearing on marijuana legalization in January.

In New Hampshire, an early January floor vote could breathe new life into a marijuana legalization bill that was voted down in committee this year.

Missouri representatives have already prefiled two separate cannabis legalization bills.

These examples are just the earliest indications of what could be the busiest year on record for state cannabis lobbying efforts.

In 2017, Marijuana Moment tracked 59 separate marijuana legalization bills in state legislative chambers. (Overall, we tracked more than 300 marijuana bills ranging from penalty reforms to medical cannabis to licensing tweaks to nonbinding resolutions calling for federal action, and more.)

Marijuana Moment makes legislative tracking tools available to Patreon supporters pledging at least $25 per month to support our ongoing cannabis reporting work.

Supporters get access to custom interactive maps and charts so they always know where key bills are in the legislative process — in Congress and in all 50 states. The tools include full bill text, sponsor lists, amendments, vote tallies and more — on an automatically updated basis

Heat maps show concentrations of relevant bills in each state and Congress:

Click a state to see a sortable list of bills we’re tracking:

Click a bill to see detailed information on legislative progress, including scheduled hearings:

Access full bill text and compare amended versions:

A Patreon pledge to support Marijuana Moment not only helps us continue our reporting work, but gets you access to these tools that make it easy for your business or organization to track legislation that impacts what you’re working on.

Legislatures aside, five or more states could vote on marijuana legalization or medical cannabis ballot initiatives in 2018.

These States Will Probably Vote On Marijuana In 2018

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.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

Politics

Berkeley City Council Considers Decriminalizing Psychedelics This Week

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A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.

Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.

In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”

However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”

The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”

Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.

The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.

“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.

While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.

Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.

On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.

Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

Photo elements courtesy of carlosemmaskype and Apollo.

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Colorado Governor And USDA Official To Discuss CBD At Hemp Event

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Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.

The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”

Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.

This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.

Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”

“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.

AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.

But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.

Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.

In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.

FDA Says It Is Speeding Up The CBD Regulation Process

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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Marijuana Legalization Could Be On The Horizon For British Virgin Islands

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The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.

Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.

“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”

He added that he hoped the legislation would make BVI a global model for legalization.

“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.

The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.

“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”

BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.

The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.

“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”

“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”

Hawaii Governor Vetoes Two Cannabis Bills While Letting Decriminalization Become Law

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.
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