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Top Rhode Island Lawmakers Are Coming To Terms With Marijuana Legalization

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Given that Rhode Island will soon be surrounded by states that have fully legalized marijuana, its governor now says she’s “not sure at this point it is practical to say we’re not going to legalize and regulate.”

While Gov. Gina Raimondo (D) isn’t especially enthusiastic about the prospect, she told The Public’s Radio on Thursday that she’s “more open to it” than she ever has been.

“It’s something that I have resisted, mainly because I have worried—I’ve watched very carefully what’s gone on in Colorado and other states,” Raimondo said. “As the mother of a teenager and a middle schooler, I want to make sure we can keep everybody safe.”

“Having said that, we are a tiny island sitting in-between Massachusetts and Connecticut, and the reality is I’m not sure at this point it is practical to say we’re not going to legalize and regulate. I don’t know what we are going to do next year. I’m still trying to figure it out now, but I’m more open to it than I ever have been.”

In an earlier interview, the governor recently hinted that Rhode Island was effectively being peer-pressured into adopting a legal marijuana system by its neighbors.

Rhode Island House Speaker Nicholas Mattiello (D) likewise said he’s cognizant of the evolving political landscape in the region when it comes to cannabis reform. In a separate appearance on The Public’s Radio, the top lawmaker didn’t commit to tackling the issue immediately in the next legislative session, but he said the state can “do a better job looking at models that are already in existence such as Colorado or other states” to inform Rhode Island’s approach.

“I think we have to study it and then decide what we want to do as a state, but I am mindful that Massachusetts has legalized it, I believe Connecticut is going to legalize it,” he said in his year-end interview with the radio station. “I think we’re probably going to end up with more social costs without the revenues and that would probably be the worst situation of all.”

“We’ll take a good look at it in light of what’s happening around us and we’ll come up with a conclusion after collaborating with all my colleagues and the citizens of the state. This is not a decision I’m going to make. I’m open. I recognize the issues, I know the issues. But we’ll make the decision together.”

Interestingly, the top Republican in the state House said last month that cannabis “should be legal.” But the chamber remains dominantly controlled by Democrats.

All that said, Rhode Island Senate President Dominick Ruggerio (D) told The Public’s Radio this week that he’s “not optimistic” about the chances the state legalizes in 2019. Though he co-sponsored an earlier legalization bill, the senator remains apprehensive about the issue. He stressed the need to address impaired driving and “toxicity” in any reform legislation.

“While I continue to keep an open mind on legalization of recreational marijuana as the state looks into the regulatory and workforce challenges that come along with it, I also have significant concerns, particularly with regard to workforce issues, enforcement around edibles, and impact on children,” Ruggerio said in a separate statement in November.

Rhode Island Might Be Peer Pressured Into Legalizing Marijuana By Neighbors, Governor Hints

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Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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California Governor Signs Marijuana Tax Fairness Bill But Vetoes Cannabis In Hospitals

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California Gov. Gavin Newsom (D) announced on Saturday that he signed several marijuana-related bills into law—including one that will let legal businesses take advantage of more tax deductions—but also vetoed another measure that would have allowed some patients to use medical cannabis in health care facilities.

Under a section of current federal law known as 280E, marijuana growers, processors and sellers are unable to deduct expenses from their taxes that businesses in any other sector would be able to write off. Until now, California policy simply mirrored the federal approach.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of Carlos Gracia.

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Former FDA Head Floats Federal Marijuana Regulation ‘Compromise’ To Address Vaping Issue

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Former Food and Drug Administration (FDA) Commissioner Scott Gottlieb seems to propose changing the scheduling status of marijuana under federal law as a “compromise” to provide limited regulations and promote research.

In an op-ed published in The Wall Street Journal on Friday, Gottlieb said the recent spike in vaping-related lung injuries involving contaminated THC cartridges demonstrates the need for federal regulations.

While he expressed frustration over the “federal government’s decade-long refusal to challenge state laws legalizing pot,” he also recognized that enforcing prohibition in legal states isn’t politically practical and floated a “feasible compromise” that would “require Congress to take marijuana out of the existing paradigm for drug scheduling, especially if Congress wants to allow carefully regulated access for uses that fall outside FDA-approved drug indications.”

That language leaves room for interpretation, but he goes on to say that the “ship has probably sailed on legalization for recreational use” and that “regulation of the potency of THC compounds, the forms they take, how they’re manufactured, and who can make purchases ought to be possible.”

Gottlieb stopped short of explicitly backing descheduling, which would represent a formal end to federal prohibition. Still, his recommendation that the government control aspects of legal marijuana markets like THC potency is a more concrete position than he’s taken in recent weeks, where he’s repeatedly bemoaned the lack of regulations and the gap between state and federal cannabis laws as contributing to vaping issues without endorsing a specific policy to correct it.

It’s clear in the editorial that the former commissioner feels Congress has missed its opportunity to prevent the proliferation of state-legal cannabis programs. And he criticized the Obama administration for issuing guidance that offered states some assurances that the Justice Department wouldn’t interfere in their markets, as well as congressional riders barring the department from using its funds to enforce prohibition against medical cannabis patients and providers following state laws.

“The result is an impasse,” he wrote. “Federal agencies exert little oversight, and regulation is left to a patchwork of inadequate state agencies. The weak state bodies sanction the adoption of unsafe practices such as vaping concentrates, while allowing an illegal market in cannabis to flourish.”

One area where FDA might be able to exercise its regulatory authority in this grey space would involve oversight of vaping hardware. Because the agency is able to regulate the “components and parts” of vapes for tobacco use—and because companies generally market those products as being intended for the use of vaporizing herbs and concentrates generally—it could be argued that FDA has jurisdiction over regulating the devices. However, that would still prove challenging “without clear laws and firm political support,” Gottlieb said.

“THC is currently illegal under federal law,” he said. “Right now there’s no middle ground allowing federal agencies to scrutinize these compounds for their manufacturing, marketing and safety.”

Again, it’s not exactly clear what kind of federal regulation Gottlieb is proposing to Congress. He spends part of his op-ed noting the difficulties scientists face in obtaining high quality cannabis for research purposes—an issue that policymakers have indicated rescheduling could resolve—but he also said the government should ensure that any reform move is “backed up with oversight and vigorous enforcement to keep a black market from continuing to flourish and causing these lung injuries.”

That’s led some to assume he’s talking about descheduling and providing for broad regulations, as regulating the market is largely viewed as a primary means of disrupting the illicit market and enforcing safety standards for marijuana products. But the continued ambiguity of his position raises questions about whether he’s actually proposing Congress should go that far.

“The protracted hand-wringing over federal cannabis policy must stop,” he said. “The tragic spate of fatalities related to vaping of pot concentrates means the time has come for Congress and the White House to stop blowing smoke and clear the air.”

Leading Civil Rights Group Calls On Lawmakers To Support Comprehensive Marijuana Legalization Bill

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Mexican Senate Committees Will Introduce Marijuana Legalization Bill Next Week

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Mexican Senate committees will introduce an updated proposal to legalize marijuana for adult use within days.

During a meeting on Thursday, members of the Health, Justice, Public Security and Legislative Studies Committees announced that they would remain in permanent session as they go through various legalization bills that lawmakers have already filed and present a comprehensive new piece of legislation on Thursday.

Sen. Miguel Ángel Navarro Quintero of the ruling MORENA party, who is a cosponsor of one existing reform bill, said the development “is a positive step to regulate—it is definitely a positive step,” according to TV Aztecha.

The primary focus of the committees will be on legislation introduced by Interior Secretary Olga Sánchez Cordero last year, senators said. However, there are about a dozen other legalization bills on the table, including one to have the federal government control the marijuana market, and they said provisions of each proposal would be taken into consideration.

The panels will also look at public input and expert testimony—including a panel led by a former White House drug czar—that were gathered as part of a weeks-long series of cannabis events that the Senate organized.

“It is a backbone that we are taking into account,” Sen. Julio Menchaca of the MORENA party said of Sánchez Cordero’s bill, which the cabinet member filed while previously serving as a senator, adding that “each of the initiatives that different senators have presented are also very important.”

Quintero said “if we are committing an open parliament, all opinions must be taken into account, because if not, we would be simulating a process.”

If the committees are successful in advancing the legislation, that would put the chamber one key step closer to meeting a deadline imposed by the Supreme Court last year. After ruling that the country’s ban on possession and cultivation of cannabis by adults is unconstitutional, it gave lawmakers until the end of October to change federal drug policy.

The leader of the MORENA party in the Senate, Sen. Ricardo Monreal, said earlier this month that the chamber was on track to vote on a legalization bill ahead of that deadline.

Separately, the chairman of the Senate’s Agriculture Committee, Sen. José Narro Céspedes, said on Thursday that legalization will be an economic boon for farmers and must be implemented in a way that disrupts the illicit market.

Mexican Cabinet Member Accepts Lawmaker’s Marijuana Gift During Legislative Meeting

Photo courtesy of Mike Latimer.

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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