Marijuana is now legal in nine states, and two U.S. territories could soon join them in ending prohibition.
Guam Gov. Eddie Calvo (R) included “legalizing the use and sale of recreational marijuana” in a list of revenue enhancements he sent to lawmakers for consideration on Monday.
And lawmakers in the Commonwealth of the Northern Mariana Islands (CNMI) are holding a series of hearings on a marijuana legalization bill this week. Advocates expect they will decide whether to end cannabis prohibition or refer a ballot question to voters in the coming days.
If one or both of the remote Pacific territories ends cannabis prohibition, it would mark the start of the next phase of the legalization movement, bringing its reach to a new part of the globe.
In Guam, Calvo placed marijuana legalization legislation before lawmakers last year, but later rescinded support for his own plan in light of concerning signals the Trump administration was sending about the issue at the time.
But now, even though U.S. Attorney General Jeff Sessions has since removed earlier protections for state marijuana laws, Calvo appears to have changed his mind again.
His current push for legalization appears to come out of concern that the tax reform plan recently passed by congressional Republicans and signed into law by President Trump could impact the territory’s revenues.
“As a result of the Tax Cuts and Jobs Act of 2017, I Liheslaturan Guåhan, with assistance from the Office of Finance and Budget, shall collaborate with I Maga’lahen Guåhan to determine the feasibility and implementation of the following items,” Calvo wrote in the fiscal realignment plan he sent to lawmakers.
Marijuana legalization is listed along with 15 other proposals, such as increasing alcohol and tobacco taxes, implementing rental car surcharges and adding a sales tax.
“It could be treated like alcohol and tobacco, and it could be taxed,” Calvo said in a radio appearance last week. “I’m one that may not philosophically believe in [legalization], but it’s about providing a stable government and a stable community.”
Guam has been slow to implement a medical cannabis measure approved by voters in 2014.
In CNMI, the Senate Judiciary, Government and Law Committee Committee has held a series of hearings on each of the territory’s major islands about a pending marijuana legalization bill.
As originally introduced, the legislation, if enacted, would refer the question of legalization to voters in the form of a ballot measure. But concerns have been raised about the constitutionality of that approach, and supporters are now considering amending the proposal to enact legalization solely through an act of lawmakers.
A hearing on the island of Saipan scheduled for Tuesday was postponed due to lack of quorum.
“We held the public hearing on Rota last night and the other Senators were not able to make back to Saipan for tonight’s public hearing,” Sen. Sixto Igisomar (R), the legalization bill’s sponsor, said in a Facebook post.
Advocates expect a committee vote to take place soon. If approved there, the legislation will go before the full Senate.
The moves to legalize cannabis in Guam and CNMI, in the face of anti-cannabis policy changes from the Trump administration, are part of a widespread pushback against federal prohibition laws that many see as outdated.
Days after Sessions’s enforcement policy change, for example, Vermont enacted a new marijuana legalization law. And four or more states are expected to vote on cannabis ballot measures later this year.
Opposition Group’s Marijuana Poll Shows Strong Support for Legalization
A new survey of Michigan voters, funded by an organization opposed to the state’s marijuana legalization initiative, showed large support for reform and weaning support for prohibition.
The survey of 800 Michigan residents, which was conducted from May 1 to May 6, was orchestrated by Healthy and Productive Michigan.
Before being prompted with arguments for and against the initiative—which surpassed the required signatures to qualify for the state’s November ballot last month—respondents favored full cannabis legalization 48 percent to 42 percent, with 11 percent remaining undecided, according to the survey.
Arguments in favor of the proposed initiative, including increased tax revenue for public programs such as education funding and infrastructure, caused opposition to the initiative to drop to 36 percent. Support remained at 48 percent.
And then, even after the polling firm Victory Phones provided arguments opposing the initiative, support for legalization grew by one percent to 49 percent. Opposition ended up at 38 percent.
“Previous polls showing majority support didn’t pass the smell test. When polling, it is always important to review how the questions are asked and what size of audience responds,” Healthy and Productive Michigan’s President Scott Greenlee said in a press release. “Our poll pointed out arguments on both sides of the issue in a consistent and unbiased manner, and the fieldwork was conducted by the highly respected Victory Phones, who have a nearly 10 year track record of accurately measuring election results in Michigan.”
But the truth is that the prohibitionist organization’s poll showed that support for the legalization measure outweighs opposition, and that’s even more true after voters hear prohibitionist’s best arguments.
The share of voters who said they planned to vote against the measure dropped seven percentage points after they were read Healthy and Productive Michigan’s reasons for wanting to defeat it. Support rose one percentage point.
The proposed Michigan Regulation and Taxation of Marihuana Act would permit adults 21 and older to legally possess, grow and consume small amounts of marijuana. Specifically, adults would be allowed to grow up to 12 total cannabis plants in a single residence, and possess 2.5 ounces outside their homes and store 10 ounces at home.
Healthy and Productive Michigan did not respond to a request for comment by the time of publication.
See the full poll below:
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Isn’t Addictive, Former A.G. Eric Holder Says
The nation’s former top law enforcement officer is not worried that the legalization of marijuana will lead to addiction.
“I’ve never seen any scientific evidence that points you to concerns about addiction through the use of marijuana,” former U.S. Attorney General Eric Holder said in an interview published on Friday by NY1.
The comments by the former A.G. call into question cannabis’s current status as a Schedule I drug. That category is supposed to be reserved only for substances with no medical value and a high potential for abuse. In fact, it would mean that marijuana should be moved to at least Schedule III, where drugs with “moderate to low potential for physical and psychological dependence” are categorized.
Although Holder did not move to reclassify cannabis when he had the power to do so as attorney general, he did specifically endorse such a change just months after leaving office.
“I certainly think it ought to be rescheduled,” he said in a 2015 interview with PBS.
And he still feels the same way.
“We need to move marijuana from Schedule I, so research can be done,” Holder said in the new NY1 interview. “It is classified now on the same level as heroin is, and clearly that is inappropriate.”
While he did nothing to officially recategorize marijuana as attorney general — and continually passed the buck to Congress when asked about the issue — Holder’s Justice Department did issue guidance, known as the Cole Memo, which generally allowed states to implement their own cannabis laws without federal interference.
Current Attorney General Jeff Sessions rescinded that memo earlier this year.
In the new interview, Holder said he thinks the federal government should continue letting states implement their own legalization laws.
“Let those be laboratories to see where we want to be,” he said. “I think if you allow the states to experiment we’ll ultimately come to a national consensus about what it is we ought to do with regard to marijuana.”
He also spoke about unfair enforcement of cannabis criminalization.
“One of the things that I am concerned about, though, is the racial disparity you see in the enforcement of marijuana laws,” he said. “You see African Americans, Latinos using marijuana at just about the same rates as whites, and yet seeing rates of arrest four, five times as great as it is for whites. That is something that I think is extremely troubling.”
Photo courtesy of US Embassy New Zealand.
Congressional Committee Protects Medical Marijuana From Jeff Sessions
A powerful congressional panel voted on Thursday to continue shielding medical marijuana patients and providers who comply with state laws from prosecution by the federal government.
While the provision has been federal law since 2014, when it was first attached to legislation that funds the U.S. Department of Justice, its continuance has been in question because of recent efforts by Republican leadership to prevent votes on cannabis amendments. But in a stunning bipartisan move, the House Appropriations Committee voted to add the provision as a rider to legislation funding U.S. Attorney General Jeff Session’s department for Fiscal Year 2019.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)