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These States Are Likely To Legalize Marijuana In 2018

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After four of five statewide marijuana legalization ballot initiatives were approved by voters in 2016, no additional states ended cannabis prohibition in 2017 (though New Hampshire did decriminalize possession of the drug and West Virginia allowed its medical use).

Now, a number of states are poised to legalize marijuana and approve other far-reaching cannabis measures in 2018.

If marijuana policy advocates’ plans come to fruition in the new year, 2018 will bring about the first legalization laws passed by lawmakers; to date, all eight states to end cannabis prohibition did it through voter initiatives.

Here’s a look at the states that are most likely to enact marijuana reforms in 2018:

Vermont

The Green Mountain state appears ready to legalize cannabis very soon. House and Senate leaders and Gov. Phil Scott (R) have signaled in recent weeks that they are prepared to legalize marijuana shortly 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.

The legislation is different that other existing legalization laws because it would not create a system of taxed and regulated cannabis sales, at least not initially. It would instead legalize possession of small amounts of marijuana as well as low-level home cultivation, while a study commission would examine potential future legal commercialization.

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 some key lawmakers have signaled that they’d prefer not to rush into passing big changes to marijuana laws, the sponsor of a Senate legalization bill says he wants to get it to the governor’s desk within the first 100 days of the new administration.

Murphy consistently pledged to end prohibition on the campaign trail, often describing it as an important piece of a broader criminal justice reform agenda, in addition to touting the tax revenue it would generate. Failing to shepherd a legalization bill to enactment in the Garden State would amount to a broken promise and likely be somewhat of an embarrassment for the new governor.

Michigan

Advocates are poised to place a marijuana legalization measure on the state’s November ballot.

A similar proposal fell just short of qualifying in 2016, but the new effort is better-funded and has the support of national groups like the Marijuana Policy Project. Several surveys have shown majority support for legalization, including one this May that found likely voters back ending prohibition by a margin of 58 percent to 36 percent.

If the measure is approved, Michigan would be the first state in the Midwest to end cannabis prohibition.

Oklahoma

Activists have already succeeded in collecting enough signatures to place a medical cannabis measure before voters. There was a chance the measure could have gone on the 2016 ballot but, because a dispute over the measure’s official ballot title with then-Attorney General Scott Pruitt (now U.S. Environmental Protection Agency administrator) was not resolved by the state Supreme Court in time, its consideration was delayed until the next election.

Gov. Mary Fallin (R) says she will announce after the new year whether it will appear on the June primary ballot or will be considered during the November general election.

A 2013 poll found that 71 percent of the state’s likely voters support medical cannabis.

Utah

Activists are mounting a well-funded effort to qualify a medical marijuana measure for the state’s November ballot. If approved, the proposed measure would allow patients with cancer, HIV/AIDS, multiple sclerosis, PTSD, chronic pain and other specifically enumerated conditions to use medical cannabis preparations, but they would not be allowed to smoke the drug.

An October Salt Lake Tribune survey found that 75 percent of the state’s registered voters back medical marijuana. If the conservative state, along with Oklahoma, approves medical cannabis it would send a strong signal that the issue is not a partisan one.

Missouri

The Show Me State could potentially see three separate medical cannabis ballot measures qualify in 2018.

Competing teams are currently working to collect signatures for measures that would allow patients to use medical marijuana with their doctors’ recommendations. If one or more of the measures pass, the result could be in flux. Whereas the measure with the most votes usually prevails in instances of same-topic questions appearing on the same ballot, in this case two of the measures are constitutional amendments and one is a statutory change. Enacted constitutional provisions take precedence over statutes, of course, but if the statutory measure gets more votes than either of the proposed constitutional changes, it’s not clear which would be enacted. Litigation would likely ensue.

A July 2016 survey found that voters favored an earlier proposed ballot measure by a margin of 62 percent to 27 percent.

Virginia

Gov.-elect Ralph Northam (D) made marijuana decriminalization a centerpiece of his campaign, often describing the issue in stark racial justice terms.

Removing criminal penalties for cannabis appears to have bipartisan support in the state. Republican Senate Majority Leader Tommy Norment has pledged to file a decriminalization bill early in 2018.

And the effort could get an additional boost by Democrats’ surprising number of wins in House of Delegates races this past November. Depending on the results for two still-pending seats under review, the party could either have a narrow majority in the chamber or be tied with Republicans. The GOP has a two-seat majority in the Senate, but tie votes there would be broken by the Democratic lieutenant governor.

Other Possibilities

A team of wealthy individuals in Ohio announced this month that they will work to qualify a marijuana legalization measure for the state’s 2018 ballot. A 2015 initiative pushed by the same group was overwhelmingly rejected by voters. That campaign generated opposition from many longtime legalization activists because it proposed creating an oligopoly on cannabis cultivation for the very investors who paid to put it on the ballot. Advocates were also turned off by the campaign’s usage of a cartoony mascot, “Buddie,” which raised concerns about appealing to children. The team has said that it learned from those mistakes.

While Vermont and New Jersey are seen as most likely to pass marijuana legalization bills through their legislatures in 2018, advocates are also working to build momentum for bills to end prohibition in a number of other states next year. Among those are Connecticut, Delaware, Illinois and Rhode Island, any or all of which could potentially send legalization legislation to their governor’s desks in the coming months.

2018 is likely to be one of the most active years to date for marijuana legislation, and lawmakers in a number of states have already gotten a head start and begun prefiling bills for new sessions that begin in January.

This piece was first published by Forbes.

If you value staying updated on cannabis news, please start a monthly Patreon pledge to support Marijuana Moment!

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

Leading Congressional Marijuana Opponent In Danger Of Losing Seat, Polls Find

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U.S. Rep. Pete Sessions (R-TX) is facing his first major congressional reelection challenge in over a decade, and his opponent, Democratic candidate Colin Allred, is hot on his trail, according to recent polling.

For marijuana reform advocates, it’s a race to follow.

Sessions, as chairman of the House Rules Committee, has systematically blocked votes on cannabis-related legislation by his colleagues on Capitol Hill. Measures on everything from expanding access to medical marijuana for veterans to protecting legal cannabis states from federal interference have been dead upon arrival. Even hemp is a no-go with Sessions at the helm of the powerful committee.

Not a single cannabis-related vote has been allowed on the House floor during the current Congress, thanks to Sessions.

The closest the GOP congressman has come to compromise on the issue in recent months seems to be his pledge to continue talks with a medical marijuana advocacy group. Members of the organization told Marijuana Moment earlier this month that the congressman was “very receptive” to their mission when they met—but Sessions has yet to commit to backing any specific legislation.

But in November, voters in Texas’s 32nd Congressional District will have an opportunity to elect a representative with starkly different attitude toward drug policy: Allred, a civil rights attorney and former NFL player, supports medical cannabis and decriminalizing simple possession of marijuana.

A new poll from The New York Times poll shows a surprisingly tight race.

The Times called more than 43,000 voters across District 32 over the past week to get a sense of voter sentiment heading into November, talking to 500 of them. The results of those calls showed 48 percent of respondents supporting Sessions to Allred’s 47 percent.

Via The New York Times.

Of course, 500 isn’t an especially large sample size and the margin of error is about five percentage points.

But another recent survey conducted by Public Policy Polling for a healthcare advocacy group showed Allred ahead of the anti-cannabis incumbent by five points (47-42 percent).

Accordingly, the race has been graded as a “toss-up” by the Cook Political Report.

The apparent closeness of the contest is noteworthy. Fewer voters seem to have formed strong opinions about Allred, with almost 50 percent of respondents telling the Times they couldn’t say whether they had a favorable or unfavorable opinion of the candidate. Sessions, a known quantity as a sitting elected official, had a higher favorable rating (42 percent) than Allred, but also a significantly higher unfavorable rating (44 percent).

Respondents in the Times survey were also asked to weigh in on the U.S. Senate race between Sen. Ted Cruz (R-TX) and Rep. Beto O’Rourke (D-TX). Forty-nine percent of voters in Sessions’s district said they’d vote O’Rourke if the election was “being held today,” while 47 percent said they’d vote Cruz.

It’s hard to say how much each candidate’s position on cannabis will tilt the scales in November, but what is known is that a bipartisan majority of Texans side with Allred when it comes to marijuana reform. A 2017 survey found “83 percent of Texans support legalizing marijuana for some use,” for example.

Via the University of Texas/Texas Tribune.

More on Allred’s stance on marijuana policy.

Asked about his plans for veterans transitioning back to civilian life, who might be struggling with mental health issues, Allred said “[p]art of that care should be the legalization of medical marijuana and cannabis as a non-addictive alternative to opioids and to treat PTSD and other battlefield injuries.”

The candidate has also criticized Sessions for holding up cannabis legislation, writing it’s “unfortunate that Pete Sessions refuses to acknowledge that medical marijuana can help our veterans coming back from war who are struggling with PTSD and chronic pain.”

Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

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Canadians Involved In Marijuana Industry Not Welcome In US, Feds Confirm

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As Canada inches closer to opening its retail marijuana market next month, U.S. border officials are officially laying out their policy of weeding out the country’s cannabis consumers as well as those who work or invest in the industry.

In a Friday press release, U.S. Customs and Border Protection (CBP) confirmed previous news reports and affirmed that border officials will continue to enforce U.S. federal law, which for decades has defined marijuana as having a high potential for abuse and no medical benefit.

“Canada’s legalization of marijuana will not change CBP’s enforcement of United States laws regarding controlled substances,” the statement reads.

But more than just stopping marijuana from crossing the border, the federal agency will also actively deny entry into the country by people who work in the legal cannabis industry.

“As marijuana continues to be a controlled substance under United States law, working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.,” reads the CBP statement.

Canada became the second nation in the world to legalize marijuana in June. Starting on October 17, Canadian adults will be able to purchase and consume cannabis legally.

Although 31 U.S. states and Washington, D.C. have legalized cannabis for medical use and nine states and D.C. allow recreational use—including Washington, Vermont and Maine, which sit along the Canadian border—CBP officials say that entering the country with marijuana, even into a legalized state, “may result in seizure, fines, and/or arrest and impact admissibility.”

CBP officials spoken about the anti-marijuana policy before, but with Friday’s press release it’s now officially in black and white.

In the eyes of the U.S. federal government, “we don’t recognize that as a legal business,” Todd Owen, executive assistant commissioner for CBP’s Office of Field Operations told Politico earlier this month.

The senior official also cautioned that travelers risk a “lifetime ban” if they lie about their past drug use. “Our officers are not going to be asking everyone whether they have used marijuana, but if other questions lead there—or if there is a smell coming from the car, they might ask,” he said.

Any traveler who admits to past use of illegal drugs, including marijuana, will not be allowed into the U.S. CBP will then keep a record of the traveler and prohibit them from returning, whether or not the individual has previously entered the country. If they wish to return, the traveler must apply for a waiver to lift the lifetime ban at a cost of $585, as reported by Politico.

In response, Rep. Lou Correa (D-CA) demanded that Homeland Security Secretary Kirstjen Nielsen clarify her department’s policy and how it would go about enforcing it.

In a draft letter obtained by Marijuana Moment this month, the congressman posed a list of questions including how, exactly, the Department of Homeland Security will “evaluate and determine that an authorized foreign national is associated with the cannabis industry.”

Lawmaker Presses Trump Official On Banning Canadians From US For Marijuana

Photo courtesy of Gerald L. Nino, U.S. Department of Homeland Security.

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Idaho Gubernatorial Candidates Disagree On Marijuana Legalization

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Marijuana is an increasingly prominent issue in many political races this year.

Even in campaigns where cannabis is not a central concern, the candidates are often taking strong positions on legalization when asked about it.

Here’s a look at where the major party contenders in Idaho’s gubernatorial contest stand on ending marijuana prohibition and related reforms.

Democrat: Paulette Jordan

While Jordan, a former state legislator and tribal council member, has focused more on decriminalization and medical cannabis during her campaign, she does support full marijuana legalization.

Jordan has touted her work on a decriminalization bill in the legislature, saying “I realize it’s baby steps in this state. But the fact of the matter remains that 70 percent of our borders are surrounded by states that have legalized marijuana.”

She tweeted, but later deleted, “I look forward to decriminalizing Cannabis and leading the way for medicinal cannabis as an alternative medicine that is taxed and well regulated.”

During a Democratic primary debate, she said there’s “nothing wrong” with legalization.

In a Facebook Live interview with the Idaho Statesman (roughly 10 minutes into the video below), she spoke about children who benefit from cannabidiol (CBD) oil, saying that marijuana is “a natural medicine that mother earth has created” and that has “been here for thousands of years, as long as my ancestors have been here.”

Addressing broader recreational legalization, she said, “the numbers that have been very beneficial to other states when it comes down to resources for education.”

Republican: Brad Little

Currently the state’s lieutenant governor and a former state lawmaker, Little opposes legalization but does support limited CBD medical cannabis access.

“I support existing Idaho law and oppose the legalization of marijuana,” he said during a Republican primary debate, criticizing a legislative proposal to expand on the existing CBD pilot program established by current Gov. Butch Otter (R).

“We are expanding the current quality controlled CBD oil treatment study taking place where CBD oil is being administered to children with epilepsy or seizure disorders, and the results seem to be proving very successful. I support this pilot, and I want to ensure that we get all the data and know that this treatment works,” he said. “As for this session’s CBD legislation, I think it was far too broad and had too many unintended consequences.”

He previously argued that the state’s limited CBD oil program is “working” and advocated for restrictive restrictive regulations on CBD during another debate.

The Idaho Republican Party tweeted about Little’s opposition (and Jordan’s support for) “fully legalizing all marijuana.”

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