Utah lawmakers approved a controversial medical marijuana bill in a special session on Monday.
— Robert Gehrke (@RobertGehrke) December 3, 2018
During November’s midterm election, Utah voters passed a separate medical cannabis initiative, Proposition 2, that would allow patients with certain medical conditions to obtain, possess and consume cannabis for therapeutic purposes.
But opposition from groups like the Mormon church and the Utah Medical Association drove some advocates to negotiate a deal in advance of Election Day that called on the Utah legislature to craft a so-called “compromise” bill. The legislation will still legalize medical marijuana, but it contains several substantive changes to Proposition 2.
For example it removes home cultivation rights for patients, allows fewer dispensaries and adds a requirement that dispensaries employ pharmacists.
Gov. Gary Herbert (R) signed the bill into law just hours after its passage by lawmakers, saying that it would close “loopholes that have created significant problems in other states that have legalized medical cannabis.”
This is an example of how collaboration makes Utah the best-managed state in the nation. Proponents and opponents came together to honor the voice of Utah voters who compassionately stood up for Utah patients.
— Gov. Gary Herbert (@GovHerbert) December 4, 2018
“While this legislation is not ideal, it is a major step forward for Utah and it will help patients and families across the state,” Matthew Schweich, deputy director for the Marijuana Policy Project, said in a press release about the vote. “This law will enable patients to safely and legally access the medical cannabis treatments they need, and it can be improved upon in future legislative sessions. It’s now time to move forward, and we call on the state government to implement this new policy without delay.”
But to some, the compromise bill is just that—a compromise of the will of the people. An attorney representing a coalition of patients and advocates said the Mormon church could face a lawsuit over its alleged attempts to undermine the voter-approved initiative. Separately, pro-reform group TRUCE also said on Monday that a suit could emerge if lawmakers passed the compromise bill.
— Julia Ritchey (@juliaritchey) December 3, 2018
Advocacy group Alliance for a Better Utah put out a press release on Monday voicing opposition to the legislation. “Last month, the people voted,” the group’s executive director said. “Lawmakers should respect those votes.”
“The large number of propositions on the ballot in 2018 were an indicator of the lack of trust the public has in the Legislature to represent their interests. The Legislature should not further destroy that trust today.”
— Better Utah (@betterutah) December 3, 2018
Regardless, after several hours of debate and votes to reject amendments and substitute proposals, both chambers passed the bill decisively. Some lawmakers defended the compromise against criticism, arguing that the revised proposal ensured that the state wouldn’t open the door to adult-use legalization. It passed 60-13 in the House and 22-4 in the Senate.
"Those who opposed this bill really wanted something more!" Rep. Nelson says, suggesting it leads to recreational marijuana.
— Ben Winslow (@BenWinslow) December 3, 2018
Sen. Jim Dabakis (D) shared a the live stream of the Senate vote, which you can watch below. He introduced two substitute bills in the special session that were designed to maintain the integrity of the voter-approved initiative, but both failed on voice votes.
For now, qualifying medical cannabis patients are technically protected to use marijuana based on the legal premise of “affirmative defense,” Fox 13 reported. But the passage of this bill means Proposition 2 will be effectively replaced.
UPDATE: This article has been updated to include the results of the Senate vote and the governor’s signing the medical cannabis bill into law.
Photo courtesy of Nicholas C. Morton.
Berkeley City Council Considers Decriminalizing Psychedelics This Week
A resolution to decriminalize psilocybin and other psychedelics will go before a Berkeley, California City Council committee on Wednesday.
Decriminalize Nature, the group behind the measure, also led the charge to successfully get a measure decriminalizing entheogenic plants and fungi approved by the City Council in neighboring Oakland last month.
In Berkeley, the Public Safety Committee will discuss the proposal and can either decide to hold it for a future meeting or advance it to the full Council. The public is able to attend Wednesday’s special meeting and share their perspective on the resolution, but Decriminalize Nature stressed in a tweet that this “is a small meeting, so you do NOT need to attend.”
Is it time for #DecriminalizeNature #Berkeley? Agenda 4 at the public safety meeting this Wed. July 17, with the Decriminalize Nature team! This is a small meeting, so you do NOT need to attend. But if you live in Berkeley, write your City Council! https://t.co/gMSDkegMPU
— Decriminalize Nature (@DecrimNature) July 15, 2019
However, city residents are being encouraged to write to their Council members and urge them to vote in favor of the measure, which would codify that “no department, agency, board, commission, officer or employee of the city, including without limitation, Berkeley Police Department personnel, shall use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of Entheogenic Plants by adults of at least 21 years of age.”
The resolution defines the covered substances as “plants and natural sources such as mushrooms, cacti, iboga containing plants and/or extracted combinations of plants similar to ayahuasca; and limited to those containing the following types of compounds: indoleamines, tryptamines, phenethylamines.”
Councilmembers Rigel Robinson and Cheryl Davila are sponsoring the resolution, which does not allow for commercial sales or manufacturing.
The lawmakers provided background information on the measure in a report to their colleagues and the mayor, describing the medical potential of various psychedelics as well as the success of decriminalization measures in Denver and Oakland.
“It is intended that this resolution empowers Berkeley residents to be able to grow their own entheogens, share them with their community, and choose the appropriate setting for their intentions instead of having to rely exclusively on the medical establishment, which is slow to adapt and difficult to navigate for many,” they wrote.
While efforts to eliminate criminal penalties associated with psilocybin and other psychedelics have so far centered in jurisdictions that have historically embraced marijuana legalization and broader drug reform, the conversation around decriminalizing psychedelics is spreading nationally.
Shortly after Oakland approved its measure, Decriminalize Nature received inquiries from activities in cities from across the country. The group has kept track of each city where organizers are pursuing decriminalization.
Nature lovers are organizing coast to coast (and Hawaii)! Is your city on the map? Connect to join with your local community, or if you have the motivation to propose a similar initiative in your city/town/county, let’s start growing! contact [email protected] #DNUSA pic.twitter.com/38UxLKK9RN
— Decriminalize Nature (@DecrimNature) July 2, 2019
On Monday, a conversation around changing laws governing psychedelics reared during a City Council meeting in Columbia, Missouri. One resident implored the body to take up a resolution to decriminalize the natural substances, pointing to their therapeutic benefits.
Councilmember Mike Trapp said that the student’s proposal should be considered and that a government advisory board on public health should provide input on the medical potential of psychedelics, describing it as “very promising.”
Colorado Governor And USDA Official To Discuss CBD At Hemp Event
Colorado Gov. Jared Polis (D) and a U.S. Department of Agriculture (USDA) official will speak at a hemp conference next month to discuss policy and regulations concerning hemp-derived dietary supplements.
The American Herbal Products Association (AHPA) announced the lineup of their first-ever hemp and CBD conference last week. The two-day event is meant to “provide critical information for companies navigating the rapidly evolving legal, regulatory and financial landscapes to manufacture and market dietary supplement products with hemp or hemp-derived ingredients including cannabidiol (CBD).”
Following the legalization of hemp and its derivatives under the 2018 Farm Bill, lawmakers and stakeholders have been quick to highlight the industry’s potential and to call for an expedited rulemaking process so that CBD can be lawfully marketed in food items and dietary supplements.
This conference will focus on dietary supplements in particular, with presentations on the current regulatory landscape for such products, compliance issues for hemp businesses and market analysis.
Polis has been a vocal advocate for marijuana reform and pledged in his State of the State address in January that he would make “good on the promise of industrial hemp in Colorado.”
Longtime hemp industry supporter, former U.S. Congressman and current Colorado Governor Jared Polis to present at AHPA Hemp-CBD Supplement Congress — https://t.co/2wPOcvdkHr — #supplement #cbd #hemp #hempindustry @GovofCO pic.twitter.com/tYhqj8HFlx
— AHPA (@AHPAssociation) July 10, 2019
“With our world class universities like Colorado State and Adams State, which are at the forefront of hemp innovation with the leading hemp manufacturers and cultivators already here, we want to seize on this opportunity under the most recent national Farm Bill to help make Colorado the national leader in industrial hemp production,” Polis said at the time.
AHPA’s two-day event will also feature USDA Senior Marketing Specialist William Richmond, who will brief attendees with an update on the department’s progress developing regulations for CBD. The department said last month that it is aiming to release an interim final rule on hemp in August.
But while USDA has regulatory authority over hemp, businesses will also have to await guidance from the Food and Drug Administration (FDA) on marketing consumable CBD products. FDA said last week that it is “expediting” its rulemaking process and will release a report on its progress by early fall.
Former FDA Commissioner Scott Gottlieb said that because CBD exists as an FDA-approved drug and hasn’t previously been added to the food supply or in dietary supplements, the agency will have to create an alternative regulatory pathway for the compounds, which could take years without congressional action.
In the meantime, it appears that both federal agencies are taking steps to increase transparency around their regulatory progress. Two days before the USDA official is set to appear at the AHPA conference, an FDA representative is scheduled to keynote a separate hemp industry summit to discuss related issues.
Marijuana Legalization Could Be On The Horizon For British Virgin Islands
The British Virgin Islands (BVI) could soon have a bill to legalize marijuana before the legislature, according to a government official.
Details are sparse, but Agriculture Minister Natalio Wheatley said on Saturday that the draft legislation under consideration would address concerns about youth consumption and impaired driving while ensuring that adults no longer face jail time for simple possession.
“We certainly know that marijuana, which contains THC, has an impact on your disposition. It has an impact on you being able to complete certain tasks,” he said, according to BVI News. “We don’t want to fool everyone into thinking that we think persons should be up and down smoking marijuana through the streets without any sort of regulation.”
He added that he hoped the legislation would make BVI a global model for legalization.
“We certainly support having a well-regulated industry, and the fact that we’re coming in late into this whole discussion of marijuana means that we don’t have to repeat the mistakes that some of our brothers and sisters made in other places,” he said.
The draft bill being circulated reportedly originated under the previous administration and is being improved upon. Wheatley said that residents, who he believes support legalization, should expect community meetings to be scheduled to discuss the proposal.
“Persons will no longer be incarcerated for the possession and consumption of something that is recognized to be a lot less detrimental to your health,” he said. “In fact, we’re speaking about the medicinal value of it than something like alcohol. It’s proven that alcohol is much more damaging to your health than marijuana.”
BVI’s cousin, the U.S. Virgin Islands (USVI), hasn’t taken the step to allow adult use of marijuana, but the territory’s governor did sign a bill legalizing medical cannabis in January.
The sponsor of the USVI legislation, former senator and current Agriculture Commissioner Terrance “Positive” Nelson, said that he plans to continue to pursue broader reform, and he commended BVI for moving toward a commercial cannabis model.
“I told you already it is not easy to stand up for cannabis. I still have some scars on my back relative to the push in [USVI],” he said. “Here in the British Virgin Islands, you are talking about legalization and I want for local leaders here to continue to be brave enough to move forward.”
“Yes, there is going to be pushbacks. But the truth in the matter is this: the truth is on your side,” he said. “The truth is on our side.”
Photo courtesy of Philip Steffan.