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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.

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Louisiana Senate And House Both Approve Significant Medical Marijuana Expansion

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The Louisiana Senate approved a bill to significantly expand the state’s medical marijuana program on Wednesday, and a committee advanced separate legislation on banking access for cannabis businesses.

The expansion proposal, which the House of Representatives approved last week, would allow physicians to recommend medical cannabis to patients for any debilitating condition that they deem fit instead of from the limited list of maladies that’s used under current law.

The Senate Health and Welfare Committee advanced the proposal last week and now the full chamber has approved it in a 28-6 vote. Before the bill heads to the desk of Gov. John Bel Edwards (D) for signature or veto, the House will have to sign off on an amendment made by the Senate to require dispensaries to record medical marijuana purchases in the state prescription monitoring program database.

As originally drafted, the bill sponsored by Rep. Larry Bagley (R) would have simply added traumatic brain injuries and concussions to the list of conditions that qualify a patient for a marijuana recommendation. But it was amended in a House committee to add several other conditions as well as language stipulating that cannabis can be recommended for any condition that a physician “considers debilitating to an individual patient.”

Under current law there are only 14 conditions that qualify patients for marijuana.

“House Bill 819 is the new standard for medical marijuana programs. The bill allows any doctor who is licensed by and in good standing with the Louisiana Board of Medical Examiners to make medical marijuana recommendations for their patients,” Bagley told Marijuana Moment. “The bill also ends the Legislature’s task of picking medical winners and losers each session, and instead allows doctors to recommend medical marijuana for any condition that a physician, in his medical opinion, considers debilitating to an individual patient.”

Bagley also introduced a House-passed bill to provide for cannabis deliveries to patients, but he voluntarily withdrew it from Senate committee consideration last week and told Marijuana Moment it’s because he felt the medical marijuana expansion legislation would already allow cannabis products to be delivered to patients like other traditional pharmaceuticals.

The delivery bill would have required a government regulatory body to develop “procedures and regulations relative to delivery of dispensed marijuana to patients by designated employees or agents of the pharmacy.”

It’s not clear if regulators will agree with Bagley’s interpretation, as doctors are still prohibited from “prescribing” cannabis and marijuana products are not dispensed through traditional pharmacies. That said, they recently released a memo authorizing dispensaries to temporarily deliver cannabis to patients during the COVID-19 pandemic, so it’s possible officials will be amendable to extending that policy on a permanent basis.

State lawmakers also advanced several other pieces of cannabis reform legislation last week.

A bill introduced by Rep. Edmond Jordan (D) to protect banks and credit unions that service cannabis businesses from being penalized by state regulators cleared the full House in a 74-20 vote.

That measure was approved by Senate Committee on Commerce, Consumer Protection and International Affairs on Wednesday, setting it up for floor action in the chamber.

Also last week, the House Labor and Industrial Relations Committee unanimously approved a resolution to establish “a task force to study and make recommendations relative to the cannabis industry projected workforce demands.”

Text of the legislation states that “there is a need to study the workforce demands and the skills necessary to supply the cannabis industry with a capable and compete workforce, including physicians, nurse practitioners, nurses, and other healthcare practitioners.”

Legislators have until the end of the legislative session on June 1 to get any of the measures to the governor’s desk.

Marijuana Dispensaries Excluded From New York’s Coronavirus Loan Program

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Former Attorney General, Lawmakers And Police Leaders Call For Federal Marijuana Legalization Waivers

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A task force comprised of former lawmakers, federal prosecutors and reform advocates issued a series of recommendations on Wednesday about criminal justice policy changes that should be enacted, and that includes creating a waiver system to allow states to set their own marijuana policies without federal interference.

The Council on Criminal Justice task force was established prior to the coronavirus pandemic, but its new report said the health crisis has “underscored the urgency” of the recommendations. While the group is far from the only criminal justice-minded organization to push for cannabis reform, it’s especially notable because of the backgrounds of its membership.

Sally Yates, who served as deputy attorney general and interim attorney general, is on the task force. So is former Georgia Gov. Nathan Deal (R), former Philadelphia Mayor Michael Nutter and former Washington, D.C. and Philadelphia Police Chief Charles Ramsey. Mark Holden, who was senior vice president and general counsel at Koch Industries, and David Safavian, general counsel of the American Conservative Union, are also members.

Together, the group agreed on 15 reform recommendations.

While they didn’t endorse federally legalizing cannabis outright, the group said the current conflict between local and national policy is untenable and should be addressed in the interim by creating waivers for states to proceed with marijuana legalization without the fear of federal intervention.

“The federal government must act to resolve this conflict and confusion, by creating an environment that respects sovereignty and by providing a responsible framework in which states can make policy choices,” they said. “Without federal action, the cannabis industry will continue to operate without consistent guardrails and guidance for testing, labeling, and marketing—to minors and all consumers.”

“The Task Force concludes that neither a federal crackdown nor a hands-off approach is advisable. In the absence of cannabis rescheduling, or its legalization at the federal level, the Task Force recommends that Congress and the Administration develop a state waiver process or contractual framework. Without it, states and the industry will continue to exist under an illusion of sovereignty where circumstances can change at any moment. A balanced and thoughtful accommodation from the federal government would provide confidence to states, stabilize the market, and help address many of the myriad safety and health problems.”

To implement the recommendation, the group wants the federal government to create an interagency task force including representatives of the Departments of Justice, Treasury and Health and Human Services, among other agencies. Members would be charged with creating policies and standards on best public health practices regarding issues such as product availability, testing, labeling, marketing and child-resistant packaging.

It would also lay out guidelines for banks that work with the cannabis industry as well as guidance, grant funding and assistance to aid law enforcement efforts to crack down on illicit marijuana distribution. Also recommended is an expansion of National Institute on Drug Abuse-supported research on the potential benefits and risks of cannabis as well as the effects of regulatory legal models.

New federal legislation “should provide guidance and assurances to all stakeholders legally operating under the waiver and/or contractual agreement, shielding them from civil and/or criminal liability,” the report says.

Beyond marijuana, the Council on Criminal Justice task force also proposed eliminating mandatory minimum sentences for all federal drug crimes in order to reduce the prison population, automatically sealing public criminal records for non-violent federal convictions “including simple possession of controlled substances, following a conviction-free period of no longer than seven years” and establishing “independent oversight of the federal prison system.”

Due to the high rate of substance use disorders in prisons, the task force also recommended enhancing access “to evidence-based treatment services” that can “help break the cycle of substance use and incarceration.” Medication-assisted treatment would be an example of such a service, the report said.

“The pandemic engulfing the world has exposed more fully than ever the deficiencies in our nation’s criminal justice system, and how those deficiencies endanger people, communities, and public safety,” Nutter said in a press release. “Let us honor the pain, suffering, and loss of life that has occurred during this crisis by sharpening and refocusing our work for change.”

Another task force that advocates are eyeing was recently formed to make criminal justice recommendations to presumptive Democratic presidential nominee Joe Biden. The candidate and Sen. Bernie Sanders (I-VT), who dropped out of the race in April, teamed up to create the group, and most members are in favor of marijuana legalization, in contrast to Biden’s current position. It remains to be seen whether they will formally recommend adopting broader cannabis reform as part of the former vice president’s platform.

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Photo courtesy of Mike Latimer.

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Marijuana Dispensaries Excluded From New York’s Coronavirus Loan Program

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Not only are marijuana businesses excluded from federal coronavirus relief funds, but medical cannabis dispensaries in New York are also ineligible for a new COVID-19 loan program that the state is offering.

Under the New York Forward Loan Fund (NYFLF), marijuana shops are specifically excluded, alongside payday loan providers, pawn shops, strip clubs, liquor stores and astrologers. Information pages about the program don’t provide a reason for why dispensaries are considered ineligible.

“The working capital loans are timed to support businesses and organizations as they proceed to reopen and have upfront expenses to comply with guidelines (e.g., inventory, marketing, refitting for new social distancing guidelines) under the New York Forward Plan,” a description of the program states.

This eligibility requirement restrictions come despite the fact that most states, including New York, have deemed cannabis businesses as essential services that can continue to operate during the pandemic.

For the industry in the Empire State, the loan exclusion is another gut punch in a crisis. There have been widespread calls from stakeholders, advocates and legislatures to provide the market with equitable relief from the federal Small Business Administration and, while that so far has not panned out, there’s been hope that states could help fill the gap.

“Given that cannabis businesses are ineligible for federal relief, it is unconscionable for the state of New York to deny them access to state-based relief efforts,” Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment. “These businesses have been going above and beyond to provide continuous healthcare, protect jobs, and generate revenue for the state under terrible conditions just like other essential services.”

“Leaving them in the lurch like this is a tremendous disservice to the people who risked their health to provide medical cannabis to the people that need it, and will stunt the ability of the industry to recover and grow at a time when the economy needs it most,” he said.

Katie Neer, chair of the New York Medical Cannabis Industry Association and director of government relations for Acreage Holdings, told Marijuana Moment that it’s “unfortunate that medical cannabis operators, which are licensed and regulated in New York, and help thousands of patients manage a wide range of ailments, conditions, and illnesses, continue to be lumped in with other so-called ‘sin’ businesses, like pay-day loan stores, massage parlors, and strip clubs.”

“The reality is that New York’s medical cannabis program, established by the governor and Legislature in 2014, is one of the most restrictive in the nation,” she said. “As a result, the industry was struggling prior to the pandemic, even as it was deemed ‘essential’ and continues to serve patients throughout the crisis.”

“While we are eager to participate in the economic recovery at both the state and federal levels, accessing capital has long been a struggle for cannabis operators due to cannabis remaining a federally illegal schedule I drug. We applaud the state’s $100 million New York Forward Loan fund to support small businesses, but we regret not being able to participate due to inconsistencies between state and federal law. To that end, we urge the US Senate to include the SAFE Banking Act in the next federal aid package, which would improve the cannabis industry’s access to capital and ensure that state administered efforts like this one can include state-legal cannabis operators.”

It’s possible that because this loan program is the product of a private-public partnership involving several large national banks, the cannabis exclusion could be related to perceived risks associated with providing financial services to a federally illicit market.

While New York might not be extending state-level relief to cannabis businesses, lawmakers in Massachusetts are actively considering legislation that would establish a coronavirus relief program for marijuana firms and other companies that are left out of federal aid.

In the meantime, at the federal level, the House passed a COVID-19 package that does contain language that would protect banks that service cannabis businesses from being penalized by federal regulators. Advocates argue that this would mitigate the spread of the virus in a heavily cash-based industry.

Rep. Earl Blumenauer (D-OR) also introduced a bill last month that would extend SBA access to marijuana companies.

New York Gov. Andrew Cuomo (D) was recently asked why the state hasn’t legalized cannabis for adult use as a means to generate much-needed tax revenue during the pandemic. He said it’s a policy change he expects will happen, but it’s a “complicated issue and it has to be done in a comprehensive way.”

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