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Vaping Injury Outbreak Hasn’t Hurt Marijuana Legalization Support, Gallup Poll Shows

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Two-thirds of Americans favor legalizing marijuana, according to a Gallup survey released on Wednesday.

The 66 percent support for ending cannabis prohibition is the same the polling firm found last year—indicating that supermajority backing for broad marijuana in the U.S. hasn’t waned in the wake of a widespread outbreak of vaping-related injuries that prohibitionists have sought to pin on legalization.

From a broader perspective, American attitudes have shifted significantly toward cannabis reform over time. Gallup, which has been polling on legalization since 1969, found that support for the policy change was at just 36 percent in 2005.

Legal marijuana support over time.

Gallup.

“As public opinion has become increasingly pro-marijuana, so has state policy,” Gallup’s Jeffrey M. Jones wrote in an analysis of the latest figures.

Eleven U.S. states have now enacted legalization laws, with several others set to consider doing so in 2020 legislative sessions or on ballots next November.

Support in the new poll cuts across various demographic groups.

“There are essentially no meaningful differences in support for legal marijuana by gender, education, income, region and urban/suburban/rural residence—between 60% and 70% of subgroup members within those categories favor legalization,” Jones wrote.

But there are significant differences across party lines.

While a majority of Republicans—51 percent—support legalizing cannabis, that’s far lower than the 76 percent of Democrats and 68 percent of independents who favor the reform.

Marijuana legalization support by party and ideology.

Gallup.

Every major Democratic presidential candidate—except former Vice President Joe Biden—now backs legalizing marijuana.

“President Donald Trump’s preference for federal law is unclear, but he favors letting states set their own marijuana policies,” Gallup said. “Although it appears unlikely Trump would change federal law to legalize or decriminalize marijuana during his presidency, it may not be long before a future president does so.”

Trump, in fact, has expressed support for letting states set their own cannabis laws without federal interference and has indicated he would sign a bill to do so if one reached his desk, though he does appear to be less enthusiastic about the reform than some of his potential 2020 Democratic opponents.

A sizable majority of Americans in all age groups except those over 65 support legalization, according to the new survey, with seniors evenly split—49 percent for and against.

Americans under age 30 overwhelmingly support ending cannabis prohibition, with 81 percent on board.

Legal marijuana support by age

Gallup.

“Majorities of major U.S. racial and ethnic subgroups endorse the legalization of marijuana, but blacks are more likely to hold this view than whites, while Hispanics show even less support,” Gallup found.

Legal marijuana support by race.

Gallup.

The new numbers are from a survey Gallup conducted of 1,526 U.S. adults from October 1-13, amid near-daily news reports and health bulletins about hundreds of people experiencing severe lung injuries believed to be associated with vaping nicotine and/or cannabis products.

Prohibitionist organization Smart Approaches to Marijuana and other anti-legalization figures such as Rep. Andy Harris (R-MD) have argued that the outbreak is a reason to slow down efforts to reform state and federal cannabis policies.

But while a small handful of affected people have said they purchased vaping products from legal cannabis dispensaries, health officials have not established a link between those devices and their illnesses, and most injured individuals appear to have used unregulated marijuana preparations from unlicensed sources.

“Let me clarify, for the lung injury outbreak, while the vast majority report using THC-containing pre-filled cartridges, they report getting them from informal sources or off the street, not necessarily from licensed dispensaries,” a top Centers for Disease Control and Prevention official said in response to a question from Harris during a hearing last week.

In August, U.S. Surgeon General Jerome Adams issued an advisory warning against the potential harms of using cannabis and has since consistently taken to Twitter to share his concerns about legalization.

These factors don’t seem to have given many voters pause about moving ahead with the policy change, however.

“A supermajority of Americans support the outright legalization and regulated sale of marijuana, despite all of the negative press and unwarranted fear-mongering by the surgeon general in recent weeks,” NORML Political Director Justin Strekal said.

Legalization advocates have argued that injuries seemingly tied to illegal vaping products are a key reason to regulate cannabis supplies, which they say can only be effectively accomplished under federal legalization.

“In order to best produce a successful consumer marketplace that addresses safety protocols for vaping products and other legitimate concerns, we must end the policy of prohibition nationwide and assess best practices for regulatory structures,” Strekal said.

Even former Food and Drug Administration Commissioner Scott Gottlieb, who has regularly expressed concerns about cannabis use, has suggested in recent weeks that Congress move to change marijuana’s scheduling status and begin regulating its supply.

While Gallup noted that the year-over-year growth in support seen in recent annual surveys seems to have “halted for the time being,” the firm indicated that solid backing from the youngest U.S. adults indicates that legalization is the future.

“Given generational differences in support for legalizing marijuana use, it is likely the percentage who endorse making marijuana use legal will continue to expand in the years ahead,” Jones wrote. “Even if support has leveled off for the time being, it remains solidly above the majority level, and has created a public opinion environment that is conducive to more states adopting pro-marijuana policies.”

This piece was first published by Forbes.

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.

Tom Angell is the editor of Marijuana Moment. A 20-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy. (Organization citations are for identification only and do not constitute an endorsement or partnership.)

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After New Mexico Lawmakers Fail To Pass Marijuana Legalization, Governor Says Voters Could Decide

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Marijuana legalization failed to happen legislatively in New Mexico this year, but now Gov. Michelle Lujan Grisham (D) says she’s open to letting voters decide on the policy change.

A bill to legalize cannabis in the state advanced through one Senate committee last month, but it was rejected by another with just days left in the legislative session, which ended on Thursday. When lawmakers reconvene in 2021, the governor said it’s possible the legislature will pursue the reform move through a constitutional amendment that would be referred to voters at the ballot box.

Lawmakers would still have to vote in favor of advancing such a proposal to get it on the ballot, but it may be more palatable to some to let voters make the ultimate decision on whether to legalize marijuana in the state.

“We could,” Grisham said on Thursday in response to a question about whether the state could pursue a constitutional amendment to legalize. “I mean, I’m open to any number of pathways.”

She added that brining advocates and experts to the table while crafting a “regulatory design” for a cannabis market is an “incredibly transparent” process, but it also means “you get a lot of questions about how it works.”

“Overwhelmingly in every county, New Mexicans believe that that’s a productive economic path forward,” the governor said. “My job is to keep with them, making the case and trying to the best of our ability to answer any question, deal with any conflicts and to make sure that when we do anything, our expectation is that New Mexico does it the best and that we set aside and move aside by addressing them, any unintended consequences or potential risks.”

Listen to the governor’s remarks on a potential marijuana legalization constitutional amendment below: 

“I’ll probably do a little of both, and I have no doubt that the legislators will do that as well,” she said.

A constitutional amendment to legalize marijuana was approved by a Senate committee in 2015, but it did not advance further. It was reintroduced the next year, but it didn’t get a committee vote.

Grisham, who was elected in 2018, has made clear that cannabis reform is a legislative priority, including legalization in her 2020 agenda. She also discussed the need to establish a well-regulated and equitable marijuana market during her State of the State address last month.

The House of Representatives passed a bill in 2019 to legalize marijuana and let state-run stores control most sales. The proposal later advanced through one Senate committee but did not receive a floor vote. Lujan Grisham did sign a more limited bill to simply decriminalize marijuana possession that lawmakers approved during that session, however.

After legalization failed to advance last year, the governor established a working group to study the issue and make recommendations.

Following a series of hearings, the panel released a report in October that said any legalization bill should include automatic expungements of past records and provisions to ensure equity in the industry for communities most impacted by the war on drugs. It also said that home cultivation of marijuana by consumers should either be prohibited or licensed by the state.

In December, the governor’s working group released a poll showing overwhelming public support for cannabis legalization.

Kentucky House Approves Medical Marijuana Legalization Bill

Photo courtesy of Mike Latimer.

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House Candidate Gives Marijuana To Voters At ‘First-Ever Congressional Weed Party’

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“Get your blunt!” Illinois Democratic congressional candidate Anthony Clark tells a voter in a newly released campaign video. “We’re having a pretty dope day party.”

Ahead of the state’s March 21 primary election, Clark, an Air Force veteran and special education teacher in Chicago, has made marijuana a key campaign priority. On Thursday, he released a video shot at what he’s calling the “first ever congressional weed party in Chicago.”

“We just wanted to do something different,” Clark explains in the video. “I feel like we’re all out here in the struggle, we’re all out here living, we’re all out here grinding on a daily fucking basis.”

Clark has said that he first experimented with marijuana in high school but rediscovered it as an adult after being injured in a Seattle shooting. “Weed has literally saved my life. I’m a veteran with PTSD,” Clark says in the video. “It’s time we changed this narrative that exists, eliminate the stigma.”

Adult-use cannabis sales have been legal in Illinois since January 1.

“We’re gonna celebrate that, but there’s still a ways to go,” Clark tells party attendees, a blunt in one hand and a shot glass in the other. In Illinois, he adds, public funds are still be spent on “jailing street dealers…who are predominantly black and brown in the poor communities.”

Clark’s candor around his own cannabis use appears to have helped his campaign against incumbent Rep. Danny Davis (D), who’s held the seat for the predominantly black district since 1997. Earlier this month, the Chicago Sun-Times endorsed Clark over Davis, saying the district “deserves a representative who is impatient to change the world, which might be Clark’s best trait.”

In a separate campaign video released in November, Clark smoked marijuana on camera and said he’s transparent about his cannabis consumption because “if we really want to make change and we have a platform, you just have to be courageous with your platform.”

“I think I have to be just as open about my cannabis use because lying to individuals, I think, plays a direct role in enabling status quo, in enabling the oppressors, the top one percent, to remain,” he added.

Some supporters say it was Clark’s bold stance on cannabis that first got them involved in the campaign. “I first heard about Anthony Clark on Facebook,” one supporter, identified as Miriam, says in the new video, “and I seen him and a group of three people smoking a blunt.”

“It’s ending the stigma,” she says. “It’s ending the harsh stigma.”

Clark ran for the same congressional seat two years ago. He earned 26% of the primary vote but lost to incumbent Davis, who has generally supported cannabis amendments in Congress but hasn’t made the issue a key focus for his office. This year observers expect the challenger to do even better on primary day.

Much has changed in the state since 2018, after all, especially around cannabis. Last year Illinois became the first U.S. state to legalize adult-use sales through its legislature, and state officials so far have been broadly supportive. A day before marijuana became legal, Gov. J.B. Pritzker (D), who made legalization a part of his own election campaign, pardoned more than 11,000 people with low-level cannabis convictions. When stores opened, Lt. Gov. Juliana Stratton (D) was one of the first in line to buy edibles.

At his State of the State address last month, the governor said legalization “gives us a chance to collect tax revenue from the residents of Wisconsin, Missouri, Iowa and Indiana” and provides “a second chance to hundreds of thousands of people who had a low level cannabis conviction or arrest on their record.”

Licensed marijuana stores in Illinois sold $40 million worth of recreational marijuana products during the first month of legal sales. State officials say $8.6 million of that came from out-of-state cannabis tourists.

Congressional Candidate Smokes Marijuana And Talks Legalization In Campaign Video

Photo courtesy of Facebook/Anthony Clark

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Federal Reserve Sends Reminder That Hemp Businesses Can Get Bank Accounts

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A Federal Reserve Bank district is making clear that financial institutions no longer have to automatically treat hemp businesses as suspicious under reporting rules.

In a post on the St. Louis Federal Reserve Bank website, the institution clarified that since hemp was federally legalized under the 2018 Farm Bill, banks no longer have to file suspicious activity reports just because a business transaction involves the crop.

“Properly licensed industrial hemp producers can now be treated the same as other bank commercial customers for anti-money-laundering regulatory purposes,” the notice published this month states.

However, it reiterated that marijuana transactions will continue to be flagged, as the intoxicating variety of the cannabis plant remains federally prohibited.

“Unlike marijuana, hemp contains very low levels of tetrahydrocannabinol (THC), the chemical that causes an altered state when ingested or smoked. Hemp that contains less than 0.3 percent THC is considered legal,” Carl White, the senior vice president of the Supervision, Credit, Community Development and Learning Innovation Division at the Fed district, wrote. “The legal marijuana business is not affected by the change in status for hemp production, because marijuana is still considered a controlled substance under federal law.”

But as others have recognized, the central bank district said that despite “the change in the legal treatment of hemp, many bankers have been reluctant to work with the industry because of regulatory concerns.”

To that end, the the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency and the Financial Crimes Enforcement Network (FinCEN) issued guidance last year clarifying that “banks are not required to file a Suspicious Activity Report (SAR) on customers solely because they are engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations.”

Even so, it is apparent that some financial institutions remain reluctant to bank hemp businesses, and so the Fed is seeking to put them at ease with the new explanatory post.

“The main takeaway from the regulators’ statement is that banks no longer need to automatically fill out Suspicious Activity Reports (SARs) when working with a hemp producer customer because hemp production has been legalized,” the St. Louis-based bank said in the new post. “They can follow standard procedure and file a SAR if suspicious activity warrants.”

“Bankers with questions about the 2018 farm bill and hemp can contact the USDA, state agriculture departments or tribal governments. Because the U.S. Food and Drug Administration retains some regulatory authority over hemp products, banks can contact that agency with questions about hemp-related food, drugs or cosmetics.”

The post notes that “banks should be looking out for additional guidance” on federal hemp rules from financial regulators. It’s not clear when that will be issued, however.

While marijuana policies remain complicated given federal prohibition, there is significant interest among Federal Reserve Bank districts in ensuring that those rules are clarified as well. The presidents of three such institutions called for guidance on marijuana banking last year.

The Federal Reserve Bank Of Kansas City also recently issued a report on Colorado’s cannabis market and determined that it would continue to grow as support for legalization rises, though it may not grow as fast as it initially did immediately following legalization.

Twelve GOP Lawmakers Thank Senate Chairman For Delaying Marijuana Banking Bill

Photo courtesy of Pixabay.

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