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Utah Medical Marijuana Opponents Have More Money, But Supporters Have More Individual Backers

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In Utah, the fight for voters’ hearts and minds on the issue of medical marijuana has heated up, as opposition Political Issues Committees (PICs) are ramping up their fundraising to exceed those of groups that support a legalization measure on the state’s ballot next month, according to new campaign finance reports.

Despite only fundraising for the last few months, the groups campaigning against the cannabis proposition have a substantial edge in terms of dollars raised, with a $263,347 advantage over supporters. But according to Marijuana Moment analysis, the proponents have many more individual contributors, which may signal stronger support.

Proposition 2 would provide for individuals with qualifying conditions to receive a medical marijuana card in accordance with a physician’s recommendation. Smoking cannabis would remain prohibited. During any 14-day period, an individual would be allowed to buy either two ounces of unprocessed marijuana or an amount of marijuana product with no more than 10 grams of THC or CBD. The measure would also allow, starting in January 2021, individuals with medical cards who live further than 100 miles from a dispensary to grow six marijuana plants at home.

A Committee known as Utah Patients Coalition (a.k.a. Utah Patients First) has been organizing and spending money since 2017, and succeeded in gathering the required 145,000 signatures to get the proposition on the ballot.

In 2017, the Coalition raised $355,221 and spent $309,359. So far this year they’ve raised a total of $458,698, of which $155,527 has come in the last five months since the measure’s ballot qualification.

The largest donor for the Utah Patients Coalition is the national organization Marijuana Policy Project, which has contributed $198,173 in cash and $12,468 worth of in-kind staff time. Dr. Bronner’s Magic Soaps, which makes hemp-infused products, donated $50,000 in January, and the non-profit patient group Our Story has contributed $49,000. Individual liberty organizations Libertas Institute in Salt Lake City and the DKT Liberty Project in Washington, D.C. have each contributed $35,000 this year.

Only six individuals made donations of $1,000 or more, and only two of those gave more than $1,100. One is Patrick Byrne, the CEO of Overstock.com, who contributed $46,000. More than 300 other donors have contributed from $5 to $500. The average donation, including the big donors, is $1,465.

The two opposition PICs did not start operations until the proposal appeared on the ballot. Contributions to both PICs are driven by one man: Walter Plumb, a lawyer and businessman. Plumb is the President of the PIC called Drug Safe Utah, AKA Neighbors for Informed Decision-Making and AKA Coalition for a Safe and Healthy Utah. He has invested $115,000 in cash and $46,680 in-kind into the PIC.

A corporation for which he is the registered agent, Colony Partners LLC (listed in the contributions report as “Coloney Partners”) has also contributed $100,000. The owner of a company that shares the same office with Plumb in Salt Lake City, Kem Gardner, has also contributed $100,000. Plumb’s individual contributions and those of Colony and Gardner make up 48 percent of the PICs total 2018 contributions of $656,195.

The other notable donors to Drug Safe Utah include the faith-based Miller Family Philanthropy (backed by Utah Jazz owner Gail Miller), Keller Investments and real estate developer Roger Boyer with $100,000 each. The Utah Medical Association has donated just $500 in cash but $35,000 worth of in-kind staff time.

Only nine other donors make up the rest of the donations, plus $150 reported as “aggregated small donations.” The average donation is $43,746.

The other anti-proposition PIC, Truth About Proposition 2, is funded almost exclusively by Plumb and cross-donations from the Drug Safe Utah PIC. The PIC reported contributions of $65,850.00. $50,000 of that came from the Coalition for a Safe and Healthy Utah, which is a DBA of Drug Safe Utah. Plumb contributed another $15,750 of his own cash. A single donation of $100 from an individual is the only other cash contribution.

Drug Safe Utah has also donated $47,108 in radio ads as an in-kind donation to Truth About Proposition 2. The two groups together have spent $506,372 through September 30.

Patient group TRUCE Utah (Together for Responsible Use and Cannabis Education), which has actively been campaigning to legalize medical marijuana, had not to this point registered as a PIC but has recently indicated their intention to do so.

In a March survey, 77 percent of Utah’s voters said they support medical marijuana, but the state’s governor, Gary Herbert (R) has pledged to “actively oppose” the initiative. Opposition from the influential Church of Jesus Christ of Latter-day Saints and other popular politicians such as U.S. Senate candidate Mitt Romney may also be a factor when voters go to the polls on November 6.

That said, the opposition can’t necessarily count on more money and institutional opposition to translate to a victory against marijuana reform. In June, for example, Oklahoma voters overwhelmingly approved a medical cannabis ballot initiative despite the fact that supporters had far fewer monetary resources than did opponents, who also had elected officials, medical groups and law enforcement on their side against the measure.

Oklahoma Medical Marijuana Campaign Reports Show Grassroots Can Trump Big Money

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.

Polly has been creating print, web and video content for a couple of decades now. Recent roles include serving as writer/producer at The Denver Post's Cannabist vertical, and writing content for cannabis businesses.

Politics

White House Drug Officials Say Legal Marijuana Is Up To States

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Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.

The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.

Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.

It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.

Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.

Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”

“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”

Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.

During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”

“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”

He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”

Federally Funded Journal Exposes How Marijuana Prohibition Puts Consumers At Risk

Photo courtesy of Philip Steffan.

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New Industry-Backed Marijuana Legalization Measure Filed In Florida

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Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.

Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.

The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.

“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”

The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.

It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.

There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.

A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.

The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.

It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.

In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.

Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.

To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.

“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”

Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.

“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”

Read the full text of Make It Legal Florida’s marijuana proposal below: 

Florida marijuana legalizat… by Marijuana Moment on Scribd

Arizona Marijuana Legalization Initiative Takes First Step Toward 2020 Ballot

Photo courtesy of WeedPornDaily.

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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Defense Department Official Stresses CBD Ban For Military Members

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A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.

Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”

While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.

“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”

Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.

The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.

That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”

Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.

In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.

The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.

Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.

“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”

She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.

Navy Bans Sailors From Using CBD Despite Federal Hemp Legalization, New Memo Says

Photo by Sam Doucette on Unsplash.

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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