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Top Minnesota Lawmaker Unveils Long-Delayed ‘Best’ Marijuana Legalization Bill In The Country

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It was mid-February when Minnesota House Majority Leader Ryan Winkler (DFL) pledged to introduce what he’d called “the best legalization bill in the country” within the coming weeks. Shortly after, the state plunged along with the rest of the country into the global coronavirus outbreak, and marijuana reform was put on ice.

Now, as states begin taking steps toward normalcy, Winkler has finally revealed the promised bill, introduced on Tuesday with 33 cosponsors.

“Our current priority is responding to the COVID-19 pandemic,” he said after filing the legislation, “but after the town halls and discussions around this issue, we still wanted to put a strong bill forward. As we look to come out of this crisis as a better, stronger Minnesota, we need to continue working toward legalizing cannabis for responsible adult use.”

“We made a commitment to introduce legislation this session, and we wanted to follow through on that commitment.”

At 222 pages, the bill is an ambitious attempt to address some of the most salient issues around cannabis legalization in 2020, and it reflects an awareness of the challenges encountered by other states that have already legalized.

It would prioritize social equity and diversity in industry licensing, try to limit cozy corporate relationships and outlaw unregulated adulterants in marijuana products. The bill also sketches a vision for what Minnesota’s legal cannabis landscape might look like: generous personal possession limits, home cultivation, on-site consumption at licensed businesses and events and a focus on craft cultivation.

Leili Fatehi, campaign manager for Minnesotans for Responsible Marijuana Regulation, told Marijuana Moment the legislation was the result of months of hard work with Winkler’s staff. Unlike many other states, Minnesota does not have a system to allow citizens to put initiatives on the ballot, so going through the legislature is the only path for legalization.

“We’ve been working with Majority Leader Winkler and his team for nearly a year now to advance conversations in and out of the Capitol,” she said. “Today’s introduction of a comprehensive, equity-focused cannabis legalization bill is a big step for Minnesota and all Minnesotans who know we can responsibly legalize and regulate.”

If passed as written, the bill would allow Minnesota adults 21 and older to possess and transport up to 1.5 ounces of marijuana (and 8 grams of cannabis concentrates) in public places and keep up to 10 pounds at their private residence. Adults could grow up to eight marijuana plants at home, up to four of which could be mature, flowering plants. Gifting small amounts to other adults would also be legal.

A variety of cannabis businesses would be allowed under the proposal, including retail, delivery and event organizers. And unlike in a number of other legal states, local governments in Minnesota couldn’t ban licensed businesses. The bill says municipalities “may not prohibit the establishment or operation of a cannabis business licensed under this chapter,” although jurisdictions would be able to set time, place and manner restrictions on businesses’ operations. Retail and on-site sales of cannabis products would be subject to a 10 percent tax.

The legal industry would be overseen by a seven-person Cannabis Management Board, appointed by the governor. The board would also run certain mission-focused divisions, such as the Office of Medical Cannabis, which would operate the state’s existing medical marijuana program, and the Office of Social Equity, which would promote “development, stability, and safety in communities that experienced a disproportionate, negative impact from cannabis prohibition.”

Efforts to address the harms of cannabis prohibition are evident throughout the new bill. In addition to the Office of Social Equity, which would distribute grants to promote economic development and community stability, the program would prioritize social equity applicants when granting business licenses. The bill says that status as a social equity applicant—generally defined as living in a low-income area—must account for “at least 20 percent” of points when regulators score license applications.

Military veterans who lost honorable status due to cannabis-related offenses would also be considered social equity applicants. Past criminal convictions for possessing or selling marijuana wouldn’t count against license applicants unless they had sold cannabis to a minor.

The proposal would also expunge many past cannabis convictions automatically, without the need for individuals to file petitions in court. Records wouldn’t be destroyed outright, the bill says, but would be sealed from public view and disclosed only if ordered by a court or other legal authority.

“Minnesotans have been loud and clear that our current cannabis laws are doing more harm than good,” Winkler, who led an effort to host a series of town hall meetings on the issue over the past several months, said in a statement Tuesday. “By creating a regulatory framework we can address the harms caused by cannabis and establish a more sensible set of laws to improve our health care and criminal justice systems and ensure better outcomes for communities.”

The state’s voters and the governor have given indications they’re on board with the reform move in general.

At last year’s state fair, separate informal polls conducted by both the state House and Senate each found a majority of respondents in favor of legalizing cannabis.

Last August, Gov. Tim Walz (D), who ran on a marijuana legalization platform in 2018, directed state agencies, including the departments of health and public safety, to prepare for the change. “We will have everything ready to go,” he said at the time, “and we will be able to implement it in Minnesota the minute the Legislature moves this.”

Minnesota lawmakers introduced a bipartisan legalization bill during the 2019 legislative session, but a Senate committee voted to kill the legislation after even its Republican co-author said he wouldn’t vote for it but would instead support more modest decriminalization.

One reason the new Minnesota bill is hundreds of pages long is that it contains far more detail than many other state cannabis laws, which sometimes leave many issues to be hashed out by regulatory agencies’ rulemaking processes.

Details may be subject to change as the proposal moves through the legislative process. Legalization remains politically thorny in Minnesota and, regardless of the bill’s comprehensive approach, it’s likely to face a number of hurdles and proposed amendments once lawmakers gather to consider it.

Whereas Winkler’s Democratic–Farmer–Labor Party controls the state House and the governor’s office, Republicans have a majority in the Senate.

In other words, be prepared for the lengthy bill to draw even lengthier debate. Even back in February, prior to the COVID-19 pandemic, when Winkler first teased the legislation, he acknowledged it would be a long road to legalization in Minnesota, saying it was “highly likely that it will take more than one year to get it done.”

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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.

Politics

Texas Lawmakers Approve Marijuana Decriminalization Bill In Committee

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A bill to decriminalize marijuana possession in Texas—as well as a separate proposal to reduce penalties for possessing cannabis concentrates—advanced out of a key House committee on Friday.

These are the latest developments that have come after a week where Texas lawmakers have considered a medley of marijuana reform measures. But arguably the most significant piece of cannabis legislation to move out of committee would make possession of up to an ounce of marijuana a class C misdemeanor that carries a fine but no threat of jail time.

The full House of Representatives approved a cannabis decriminalization bill in 2019, but it did not advance in the Senate that session.

This time around, the House Criminal Jurisprudence Committee approved the decriminalization bill, which would also prevent law enforcement from making arrests over low-level possession. Other decriminalization proposals that were under consideration by the panel this week would not prohibit that enforcement action, which is key because police are currently able to incarcerate people who are arrested for class C misdemeanors even though the charge itself does not carry the risk of jail time in sentencing.

The advancing legislation, HB 441, sponsored by Rep. Erin Zwiener (D), would also prevent the loss of a driver’s license or the creation of a criminal record for possession of up to one ounce.

Separately, the committee advanced legislation to make possession of up to two ounces of cannabis concentrates a class B misdemeanor.

Both bills were among the subjects a lengthy hearing the panel held on Tuesday.

“Marijuana bills are moving through the committee process at record speed this session,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “There’s good reason to be optimistic about the upcoming votes and the House and advocates will be doubling down their efforts to influence senators.”

This action comes one day after the House Public Health Committee unanimously approved a bill to significantly expand the state’s medical marijuana program.

Sponsored by Chairwoman Stephanie Klick (R), the bill would add cancer, chronic pain and post-traumatic stress disorder (for veterans only) as conditions that could qualify people for the state’s limited medical cannabis program.

It would further allow the Department of State Health Services to add more qualifying conditions via administrative rulemaking. And it would also raise the THC cap for medical marijuana products from 0.5 percent to five percent.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

On Thursday, the House Agriculture and Livestock Committee also discussed legislation that would make certain changes to the state’s hemp program, including imposing rules related to the transportation and testing of consumable hemp products.

While the Texas legislature has historically resisted most cannabis reforms, there are signs that this session may be different.

House Speaker Dade Phelan (R) said during a Texas Young Republicans event last month that while he wouldn’t be able to distinguish marijuana from oregano, he said, “I understand the issue.”

The speaker said that he voted for a limited medical cannabis legalization bill during his freshman year in the legislature, and his support for the reform is partly based on the fact that he has a “sister with severe epilepsy, and small amounts of CBD oil makes a big difference in people’s lives.”

Phelan also noted that he was a “joint author—no pun intended” of cannabis decriminalization legislation last session.

“I was able to go back home and explain it, and it wasn’t a big deal,” he said. “To me, it’s a reasonable criminal justice reform issue.”

Texans’ support for legalizing marijuana has grown significantly over the past decade, according to a poll released last month.

Sixty percent of state voters now back making cannabis legal “for any use,” the University of Texas and Texas Tribune survey found. That compares to just 42 percent who said the same back in 2010.

Leaders in both chambers of the legislature have recently indicated that they anticipate more modest proposals to be taken up and potentially approved this session, particularly as it concerns expanding the state’s limited medical cannabis program.

Phelan said he thinks “the House will look at” reform measures this year, including bills to legalize for adult use. He said the lawmakers will likely “review those again, and some will get traction, some will not.” However, the Senate remains an obstacle for comprehensive reform.

Legislators in the state prefiled more than a dozen pieces of cannabis legislation ahead of the new session. That includes bills that would legalize recreational marijuana, allow high-THC cannabis for medical use and decriminalize low-level possession of marijuana.

That said, Lt. Gov. Dan Patrick (R), who presides over the Senate, has killed prior efforts to enact reform in the state, raising questions about the prospects of far-reaching changes advancing in the chamber.

Nevada Lawmakers Approve Marijuana Bill To Allow On-Site Consumption Lounges

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Nevada Lawmakers Approve Marijuana Bill To Allow On-Site Consumption Lounges

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A bill to allow on-site marijuana consumption lounges advanced through a Nevada Assembly committee on Friday. The panel separately passed a measure making it so the concentration of THC in a person’s blood cannot be singularly used to determine impairment while driving.

The social use legislation, sponsored by Speaker Pro Tempore Steve Yeager (D), would create two new licensing categories for cannabis businesses in the state. One would be for “retail cannabis consumption lounges” and the other would be an “independent cannabis consumption lounge.”

Existing retailers could apply for the former license and sell products that could be consumed on-site by adults 21 and older. Independent lounges would not be permitted to sell cannabis on their own, but would need to have marijuana products delivered to consumers from another source.

That said, independent licensees could submit a request to regulators to sell cannabis that they produce or to enter into a contract with an adult-use retailer to sell their products.

The state’s Cannabis Compliance Board would also be responsible for creating regulations for on-site facilities and setting fees for license applicants. Businesses that qualify as social equity applicants would have a reduced fee.

Under the legislation, a person “who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, including, without limitation, adverse effects on an owner, officer or board member of the applicant or on the geographic area in which the applicant will operate” is considered a social equity applicant.


Marijuana Moment is already tracking more than 900 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Yeager proposed a large-scale amendment to the proposal before it was approved by the Assembly Judiciary Committee. It builds on the definition and scoring system for social equity applicants, revises public safety requirements for lounges and ensures that products purchased at lounges cannot be removed from the facility, among other changes.

The Las Vegas City Council in 2019 approved an ordinance allowing for social consumption sites within city limits.

That year, Alaska became the first state to enact regulations that provide for the on-site use option at dispensaries. Colorado followed suit with legislation approved that legalized cannabis “tasting rooms” and “marijuana hospitality establishments” where adults could freely use cannabis. Social consumption sites are also provided for in New York’s recently enacted marijuana legalization law.

In Nevada, adding new license types and giving consumers this option—especially in the tourist-centric state—could further boost marijuana and other tax revenues. And Gov. Steve Sisolak (D) has had a particular interest in ensuring that those tax dollars support public education, which he talked about during a State of the State address in January.

Sisolak has also committed to promoting equity and justice in the state’s marijuana law. Last year, for example, he pardoned more than 15,000 people who were convicted for low-level cannabis possession.

That action was made possible under a resolution the governor introduced that was unanimously approved by the state’s Board of Pardons Commissioners.

Under the impaired driving bill that separately cleared the committee on Friday, the per se blood test for THC would no longer be used in determining impairment.

Advocates have argued that the limit is arbitrary and there’s a lack of scientific evidence demonstrating a link between the amount of THC metabolites present in the blood and active impairment.

New Mexico Governor Sends Marijuana Bill Sponsors A ‘Save The Date’ For Expected Legalization Bill Signing

Photo courtesy of Martin Alonso.

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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Biden Gets Yet Another Congressional Letter Blasting Marijuana-Related White House Firings

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President Joe Biden has received yet another letter from a lawmaker demanding answers about his administration’s practice of firing or otherwise punishing staffers for prior marijuana use.

Rep. Angie Craig (D-MN) noted the national push to end prohibition and how the White House’s actions reveal a troubling disconnect.

“Cannabis is legal for either medical or adult use in 36 states, with numerous states pursuing efforts to further legalize for adult use,” the congresswoman wrote. “In Minnesota, our state legislature is expected to vote on measures to legalize cannabis in the coming months following years of political and community organizing by activists throughout the state.”

“Minnesotans and the American people are demanding change to our harsh and unequally applied cannabis laws,” she wrote. “I look forward to seeing your Administration reverse course on this harmful and unnecessary hurdle to hiring diverse and talented public servants.”

Craig also mentioned efforts to legalize marijuana at the federal level and commented on Biden’s prior statements on more modest reforms.

“I stand ready to work with you as we revisit our country’s drug laws, including the descheduling of cannabis as a Class 1 drug at the federal level,” she said. “You have previously expressed your commitment to decriminalizing cannabis in acknowledgement that a cannabis conviction or even the stigma of cannabis use can ruin lives and prevent people from voting, gaining employment and contributing to society.”

This is the third letter from lawmakers that Biden has been sent regarding the federal marijuana employment controversy.

A coalition of 30 members of Congress sent a letter last month that sharply criticizes the administration for terminating or punishing multiple White House staffers who disclosed their prior cannabis use. They pointed out that Vice President Kamala Harris and at least one one other Cabinet member are on record about their own marijuana use experiences.

Prior to that, Rep. David Joyce (R-OH) sent a similar message to the president condemning news of the marijuana-related firings for people who were honest about their history with cannabis on a federal form that’s required as part of the background check process.

“Simply put, in a nation where the truth is considered malleable, we need to demonstrate to our young public servants that telling the truth is an honorable trait, not one to be punished,” the congressman wrote. “I respectfully request that your administration discontinue punishment of staff for being honest about their prior cannabis use and reinstate otherwise qualified individuals to their posts.”

White House Press Secretary Jen Psaki addressed the controversy last month, saying during a press briefing that while Biden could theoretically end the policy of firing staff over prior marijuana use himself, that’s not happening as long as cannabis is federally illegal.

She later said that the president’s stance on marijuana legalization “has not changed,” meaning he’s still opposed to the comprehensive reform.

Psaki has previously attempted to minimize the fallout over the cannabis firings, with not much success, and so her office released a statement last month stipulating that nobody was fired for “marijuana usage from years ago,” nor has anyone been terminated “due to casual or infrequent use during the prior 12 months.”

Read the new letter to Biden on White House marijuana employment policy below: 

Letter to Biden Regarding C… by Marijuana Moment

New Mexico Governor Sends Marijuana Bill Sponsors A ‘Save The Date’ For Expected Legalization Bill Signing

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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