The government of Trinidad and Tobago brought two marijuana reform bills before Parliament on Friday—one to decriminalize low-level possession and another to legalize cannabis for medical and religious purposes.
During a speech before the House of Representatives, Attorney General Faris Al-Rawi said the administration wants to reduce the prison population, curb costs associated with marijuana-related incarceration and free up law enforcement resources to pursue serious crimes.
Under the first proposal, possession of up to 30 grams of cannabis would be decriminalized. Possession of more than 30 grams and up to 60 grams would be punishable by a “fixed penalty notice” of about USD $7,400 that would not impact an individual’s criminal record if the fine is paid.
Additionally, the legislation laid before the Parliament would provide a pathway to get prior possession records cleared if individuals petition the court.
Al-Rawi said that “in addressing the reform of the criminal justice system, many have ignored the profound effect that decriminalization of certain offenses can have in the criminal justice system.”
However, there are some provisions that reform advocates oppose, including new penalties against possession and distribution of other substances such as LSD, MDMA and ketamine. And while the legislation allows individuals to grow up to four plants for personal use, it specifies that those plants must be male, which do not produce flower. It’s unclear if that policy was intentional or instead is an oversight based on government officials’ misunderstanding of cannabis.
The separate legalization bill would allow for the sale, use and distribution of cannabis for medical, research and religious purposes, though it does not provide for a recreational market.
A government regulatory agency would be responsible for issuing a variety of licenses, including those for cultivators, laboratories, processors, dispensaries, importers, exporters and transporters. Licenses would only be approved for companies with at least 30 percent local control in order to “avoid the abuses that occurred with multinational domination in other territories.”
“The Government after significant research, wide stakeholder consultation and careful legislative scrutiny is of the firm view that it is the correct time to amend the Dangerous Drugs Act and to cause the strict licensing and regulation of the research, cultivation, supply and commercialization of marijuana through the establishment of a Cannabis Control Authority,” Al-Rawi said.
There would be steep penalties for those who unlawfully engage with legal medical or religious marijuana programs. For example, a person who “uses medicinal cannabis without being authorized to use medicinal cannabis by a prescription or recommendation from a medical practitioner” is liable to a fine and ten years in jail.
There would also be restrictions on public consumption under the proposals. People working in certain safety sensitive industries such as airlines or bus companies would face additional restrictions on consumption.
Al-Rawi said that “these bills laid in the House of Representatives today represent the work of a progressive Government dedicated in the mission of getting it done!”
“The benefits to the people of Trinidad and Tobago are so obvious now that the work has been done and put into context. It is axiomatic that the Criminal Justice System should focus on serious crime and that all roadblocks to justice should be immediately removed so that Judicial and law enforcement time can concentrate where it matters most. It is equally axiomatic that Trinidad and Tobago should be anxiously conscious of the developments across the world which have recognized the economic potential of cannabis production unshackled from mid-19th century colonial values.”
“Whilst others have slumbered, we have toiled,” he said. “We shall get it done!”
Prime Minister Keith Rowley also said on Thursday that the “privileged elites have been smoking marijuana undisturbed for the longest while, any legalizing now is to free up poor people from unnecessary jail,” noting that Sen. Cory Booker (D-NJ) made a similar point during a Democratic presidential debate last week.
“Social justice, social sense, economic sense and the management of crime and fairness to all under the Constitution—that is what it is.”
In a separate speech at the People’s National Movement (PNM) election meeting, Al-Rawi joked that the country has “the best cocoa in the world and perhaps we could have the best marijuana in the world.”
The attorney general emphasized the impact of marijuana criminalization, noting that there are about 85,000 possession cases bottlenecking the courts and 500 people currently sitting in jail over such cases simply because they don’t have the resources to obtain bail.
“These include people who use cannabis for medical purposes, for epilepsy, people caught with it and the man next to you had it and you get taken down,” he said on Thursday, according to the Trinidad and Tobago Guardian.
Al-Rawi said the government is in a position to effectively regulate the cannabis market but acknowledged that there would be some pushback to the proposals. That said, the leader of the opposition party, Kamla Persad Bissessar, has also expressed support for cannabis decriminalization.
This latest development comes one year after the heads of 19 Caribbean nations announced they would be reviewing marijuana reform proposals with an eye toward ending prohibition. Since then, several countries such as St. Kitts have moved to change their country’s cannabis laws.
Photo courtesy of Nicholas C. Morton.
Senator Files New Bill To Federally Legalize Marijuana And Regulate It Like Tobacco
A Democratic senator filed a new bill to federally legalize marijuana on Thursday, creating yet another potential avenue through which Congress could enact the policy change.
This piece of legislation, sponsored by Sen. Tina Smith (D-MN), would remove cannabis from the Controlled Substances Act and direct several federal agencies to develop regulations for the plant.
Titled the “Substance Regulation and Safety Act,” the bill would deschedule cannabis, require the U.S. Department of Health and Human Services (HHS) to develop rules that treat marijuana the same as tobacco, create a national research institute to evaluate the risks and benefits of cannabis, require the U.S. Department of Agriculture to impose quality control standards and mandate that the Department of Transportation study methods for detecting THC-impaired driving.
The descheduling provisions “are retroactive and shall apply to any offense committed, case pending, or conviction entered, and, in the case of a juvenile, any offense committed, case pending, or adjudication of juvenile delinquency entered, before, on, or after the date of the enactment of this Act,” the text of the bill states.
HHS would have to come up with a “national strategy to prevent youth use and abuse of cannabis, with specific attention to youth vaping of cannabis products.” Further, text of the legislation states that the department would be required to “regulate cannabis products in the same manner, and to the same extent,” as it does with tobacco.
That includes “applying all labeling and advertising requirements that apply to tobacco products under such Act to cannabis products.”
U.S. Customs and Border Protection would be tasked with working with other agencies to develop policies on allowing marijuana imports and exports.
The legislation further contains racial justice provisions. For example, HHS would have to consult with “consult with civil rights stakeholders” to determine “whether cannabis abuse prevention strategies and policies are likely to have racially disparate impacts” within 100 days of the bill’s enactment.
The Department of Transportation would similarly have to determine whether its impaired driving prevention policy “is likely to contribute to racially disparate impacts in the enforcement of traffic safety laws.”
Agencies charged with establishing these regulations would have one year following the bill’s enactment to finalize those rules.
A federal age requirement for marijuana sales would be set at 21 under the measure.
The short title of the bill as published on Congress’s website states that it would “decriminalize and reschedule cannabis.” However, the text of the legislation as introduced that was shared with Marijuana Moment says it would go beyond rescheduling by removing marijuana from the CSA entirely, a process known as descheduling. Representatives from Smith’s office did not immediately respond to a request for clarification.
This is the latest legalization bill to be introduced this Congress. In some ways, it appears to be a more modest reform compared to other pieces of legislation that reform advocates are backing such as the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which includes provisions beyond rescheduling to reinvest in communities most impacted by the war on drugs.
Sources recently told Marijuana Moment there are plans in motion to get a House floor vote on that bill in September, though it’s prospects in the Republican-controlled Senate are more dubious. It’s possible that this bill from Smith would be more palatable to GOP members given its more narrow focus.
“It’s terrific to see Senator Smith engage so substantively in the cannabis policy reform debate,” Justin Strekal, political director of NORML, told Marijuana Moment. “We at NORML look forward to propelling many aspects of the new legislation into the broader conversation on the future of federal regulations in regards to a post-prohibition America.”
The introduction of this legislation comes one day after the House approved a spending bill amendment that would protect all state, territory and tribal cannabis programs from federal intervention.
While Smith has only been in Congress since 2018, after she replaced Sen. Al Franken (D-MN) following his resignation, she has signed onto various pieces of cannabis reform legislation as a cosponsor, and she’s made several comments in favor of reform.
For example, the senator attached her name to bills to protect banks that service state-legal marijuana businesses from being penalized from federal regulators and to legalize industrial hemp. She also cosponsored a resolution condemning “state-sanctioned extrajudicial killings” over drug crimes in the Philippines.
Smith also recently remarked racial disparities in drug enforcement in a Senate floor speech.
This bill is being introduced as Minnesota lawmakers push for state-level legalization, with a top legislator unveiling a comprehensive plan for legalizing cannabis for all adults 21 and older in May.
It also comes shortly after the Democratic National Committee rejected an amendment to adopt legalization as a 2020 party plank, with members opting instead to embrace more modest reforms. Advocates suspend that there may have been pressure for the panel not to formally embrace a policy change that is opposed to by presumptive Democratic presidential nominee Joe Biden.
Read the new Senate marijuana legalization below:
Photo courtesy of WeedPornDaily.
Louisiana Law Allowing Medical Marijuana For Any Debilitating Condition To Take Effect
A new Louisiana law significantly expanding the state’s medical marijuana program officially takes effect on Saturday.
This comes two months after the legislature approved the bill and Gov. John Bel Edwards (D) signed it. The legislation will 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.
Other new laws coming into force this weekend include ones to set hemp and CBD regulations, shield financial institutions that service marijuana businesses from being penalized by state regulators and provide legal protections for doctors who recommend medical cannabis and medical facilities that have marijuana patients in their care.
The medical marijuana expansion bill as introduced by its sponsor, Rep. Larry Bagley (R), initially only would have added traumatic brain injuries and concussions but was amended in committee to include several other conditions as well as language stipulating that cannabis can be recommended for any malady that a physician “considers debilitating to an individual patient.”
“I’m excited. I’m expecting it to be a pretty big day,” Bagley told Marijuana Moment in a phone interview on Thursday. “All the people out here tell me all the wonderful stories about how they were in terrible pain and then they took it and then they’ve gotten away from the pain.”
The lawmaker is particularly hopeful that providing this expanded access will help curb the opioid epidemic by providing patients with a safer alternative to prescription painkillers.
“The medical marijuana is not [like opioids] because not not addictive. No one’s ever died from it,” he said.
“I’m hopeful I think this is gonna be a big day. I’m really expecting this to be a game changer for Louisiana, for the state, for the pharmacies that are doing this,” he said. “I think it’s going to be a big moneymaker for state. At least I hope it is. And I think that everybody’s going to be really happy about it, but time will tell.”
Bagley had also introduced a House-passed bill to allow delivery services, but he voluntarily withdrew it from Senate committee consideration, telling Marijuana Moment at the time that he felt the debilitating condition bill 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 remains to be seen 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. But regulators did move to temporarily authorize delivery services during the coronavirus pandemic, so it’s possible they will be amenable to extending the allowance on a permanent basis.
State lawmakers also passed a resolution in June to create “a task force to study and make recommendations relative to the cannabis industry projected workforce demands.” Text of the legislation, which does not require gubernatorial action, 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.”
Photo courtesy of WeedPornDaily.
Nancy Pelosi Says Marijuana Is A ‘Therapy That Has Proven Successful’ Amid Coronavirus Bill Debate
House Speaker Nancy Pelosi (D-CA) on Friday defended the decision to include marijuana banking protections in Democrats’ latest coronavirus relief bill.
The speaker was asked about various provisions of the legislation that Republicans had criticized as not germane to the health crisis, with a reporter citing the cannabis component in particular. Pelosi took issue with the suggestion and said there is a role for marijuana reform amid the pandemic.
“I don’t agree with you that cannabis is not related to this,” the top House Democrat said. “This is a therapy that has proven successful.”
It’s not clear whether the speaker was suggesting that marijuana has medical value for a coronavirus infection specifically or was more broadly referencing the plant’s therapeutic potential. The Food and Drug Administration has made clear that there’s currently no solid evidence that cannabinoids can treat COVID-19 and it’s warned companies that make that claim.
Several lawmakers have argued that the Secure and Fair Enforcement (SAFE) Banking Act is relevant to the health crisis for a different reason, as protecting financial institutions that service cannabis businesses would mean fewer cash exchanges at dispensaries, thus minimizing the spread of the virus.
Marijuana Moment previously exclusively reported that Pelosi—who said in 2018 that doctors should prescribe medical cannabis and yoga more often instead of prescription opioids—supported attaching the banking language to the House’s coronavirus package prior to the legislation’s introduction.
That said, Senate leadership unveiled their latest round of coronavirus relief legislation on Monday, and it does not include the SAFE Banking Act provisions. It remains to be seen whether bicameral negotiators will be able to get it in the final bill sent to the president’s desk.
Rep. Ed Perlmutter (D-CO) said in May that he felt there was a 50-50 chance the Senate would adopt it as part of their COVID-19 bill.
On Friday, House Minority Leader Kevin McCarthy (R-CA) took to Twitter to slam Pelosi’s latest cannabis comments.
“Hey Nancy, let’s focus on the pandemic. Not pot,” he said.
Incredibly irresponsible—Pelosi just doubled down on her $3 trillion dollar cannabis legislation, falsely claiming that it's a proven therapy for coronavirus.
Hey Nancy, let's focus on the pandemic. Not pot. pic.twitter.com/Eo8pfwwZez
— Kevin McCarthy (@GOPLeader) July 31, 2020
The Senate Republican Communications Center also chimed in.
“House Democrats are continuing to try and push unrelated COVID-19 wish-list items. All of them should be taken out,” the group tweeted.
PELOSI on cannabis provisions in House coronavirus bill:
"I don't agree that cannabis is not related to this.”
House Democrats are continuing to try and push unrelated COVID-19 wish-list items. All of them should be taken out. pic.twitter.com/3yYf8QSv0r
— Senate Republican Communications Center (@SRCC) July 31, 2020
Meanwhile, the standalone SAFE Banking Act has continued to sit in the Senate Banking Committee without action in the months since the House initially approved it.
Earlier this month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.
In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.
Pelosi’s latest comments come one day after the House approved an amendment to protect state, territory and tribal marijuana laws from federal interference.