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Vermont Governor Happy With Process On Marijuana Sales Legalization Bill Expected On His Desk Next Week

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The governor of Vermont said on Friday that he is impressed with how lawmakers approached negotiations over a marijuana sales legalization bill that will likely be sent to his desk next week, though he stopped short of committing to sign it.

Vermont legalized possession of up to one ounce of cannabis and cultivation of two plants in 2018, but there are currently no regulations in place that allow for retail sales. Both chambers of the legislature previously approved the new commercialization bill, S. 54, and a bicameral conference committee worked to hash out differences in recent weeks. And shortly after they finalized a compromise version, it was sent to the House floor, where it was approved on Thursday.

The Senate is expected to take up the final measure next week. If approved there, the bill will head to the desk of Gov. Phil Scott (R).

The governor was asked during a press briefing whether he felt the legislation contains adequate public safety provisions that he’s requested.

“The bill hasn’t been my top priority. [It’s] obviously a priority for the legislature and legislative leadership,” he said. “And so it’s been passed [by the House]. I will give great credit to those who I don’t believe had any thoughts of me and some of my concerns, but they’ve done so. They’ve moved forward.”

He drew a contrast to a climate change bill that he indicated was not thoughtfully constructed to take his input into account and which he vetoed.

“I reflect on the Global Warming Solutions Act and the difference between the two bills, and them addressing the concerns I had with the regulation of marijuana—regulation and taxation bill—versus the Global Warming Solutions Act. It’s a stark difference,” he said.

Watch the governor discuss the marijuana tax-and-regulate bill, starting around 1:13:05 into the audio below:

Scott said he was encouraged by how the conference committee navigated the marijuana bill and reached compromises.

“They created a panel, and maybe advocated some of their position there, but it’s coming back,” he said, referring to a new cannabis regulatory body that would be created by the legislation. “Any suggestions by the marijuana panel that they put into their bill is going to come back to the legislature, and they’re going to vote on it, and they’re going to consider that. I mean, that’s the way to do things.”

“They’ve come a long ways. I’ll be considering that over the next—when we do receive the bill, we haven’t received it yet. But I’ll consider that,” Scott said. “And again, they’ve come a long ways and we’ll see what happens.”

It’s been an open question whether the governor will ultimately sign off on the tax-and-regulate bill given that he vetoed an early version of a non-commercial marijuana legalization bill. He reluctantly approved a revised version after legislators agreed to include a number of provisions he requested.

An outstanding concern for Scott in this latest bill is how to mitigate the risk of impaired driving. He wants police to be able to conduct roadside saliva tests for THC—despite the shaky science about its efficacy and civil rights concerns. In conference, the panel compromised on allowing saliva testing, but officers would have to get a warrant and the tests couldn’t be conducted at roadside.

“I’ve never been philosophically opposed to a retail market, I just have concerns about that,” the governor told WCAX in a separate new interview. If marijuana sales are legalized, Scott said it will be important to “make sure we’re doing this the right way with our eyes wide open and that we’re protecting the citizens of Vermont.”

Meanwhile, Lt. Gov. David Zuckerman (D), who is running against the incumbent governor, has been a strong advocate for establishing a regulated cannabis market in the state. He told the local news outlet that the “hybrid” compromise on saliva testing “doesn’t cross the line for me,” despite his general reservations about the practice.

Under the proposed cannabis sales bill, marijuana would be subject to a 14 percent excise tax, in addition to the state’s six percent sales tax.

S. 54 also contains some social equity provisions such as prioritizing marijuana business licenses for minorities, women and people disproportionately impacted by the war on drugs. An independent regulatory commission would additionally be tasked with promoting small business participation in the market.

A new Cannabis Control Commission would be responsible for issuing licenses for retailers, growers, manufacturers, wholesalers and labs. The body would also take over regulation of the state’s existing medical cannabis industry from the Department of Public Safety .

A 30 percent THC limit would be imposed on cannabis flower, while oils could contain up to 60 percent THC. Flavored vape cartridges would be banned.

Local jurisdictions would have to proactively opt in to allow marijuana businesses to operate in their area. Municipalities would also be able to establish their own regulations and municipal licensing requirements.

timeline for the legislation states that it would formally take effect on October 1, 2020—but regulators would then have to make a series of determinations about rules and licensing before retail sales would launch. Dispensary licenses would have to be issued on or before October 1, 2022.

fiscal analysis on the final bill projects that Vermont will generate between $13.3 million and $24.2 million in annual cannabis tax revenue by Fiscal Year 2025. Licensing fees will lead to additional funds for the state, but the regulatory board created by the legislation will set those levels at a later date. For now, the Joint Fiscal Office estimates the fees could lead to another $650,000 in revenue every year. Municipalities hosting marijuana businesses will also be able to levy additional local fees.

Previously, Scott expressed interest in using new cannabis tax revenues to fund an after-school program he’s pursuing.

Outside of the cannabis sales legalization bill, the House approved separate legislation this month that would provide for automatic expungements of marijuana convictions and allow people to possess and grow more cannabis without the threat of jail time than is currently allowed. The Senate could give approval to the latest version next week, setting it up to also head to Scott’s desk.

Majority Of Republicans Support Marijuana Legalization Bill That Democrats In Congress Delayed Vote On

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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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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Trump Campaign Orders Mississippi Medical Marijuana Activists To Cease Using President’s Name

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President Donald Trump’s reelection campaign has issued a cease and desist order against a Mississippi medical marijuana legalization campaign, claiming “unauthorized and misleading representation” of the president’s position on the reform initiative in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.

Michael Glassner, chief operating officer of Donald J. Trump for President Inc., sent a letter to Mississippians for Compassionate Care (MCC), demanding that they stop distributing campaign materials touting the president’s past remarks.

While the mailer and the envelope it’s being sent in don’t at any point state that Trump has specifically endorsed Initiative 65, they encourage voters to “join President Trump and 3 out of 4 Mississippi Republicans who support medical marijuana” and point out that he’s voiced “complete support for medical marijuana.”

It is indeed the case that the president has, on several occasions, stated that he’s in favor of medical cannabis reform.

For example, while he said in 2015 that Colorado has “a lot of problems going on right now” with its recreational marijuana program, medical cannabis “is another thing.”

“I think medical marijuana, 100 percent,” he said.

Beyond stating his personal support for medical cannabis, Trump has said multiple times that he personally knows people who have benefited from using it.

“I think medical should happen, right? Don’t we agree? I mean I think so,” he said at a 2015 rally in Nevada. “I know people that are very, very sick and for whatever reason, the marijuana really helps them.”

“I know people that have serious problems and they did that and it really does help them,” he said In a 2016 interview on Fox News.

But the president’s reelection campaign evidently takes issue with the state cannabis effort using his on-camera quotes.

“President Trump has never expressed support for Initiative 65, and his campaign demands that you immediately cease and desist all activities using the President’s name, image or likeness in support of the legalization of medical marijuana in Mississippi,” Glassner wrote in the October 12 letter, which was first reported by Y’all Politics.

“The President’s campaign strongly believes in and encourages your organization’s fundamental right to engage in speech on issues of public importance, but this is not about that,” he said. “You are misleadingly using the President’s name in support of your own agenda without authorization or justification.”

But MCC is defending the mailers, which also feature endorsements from multiple Republican legislators in the state.

“President Trump has clearly stated on multiple occasions that he supports medical marijuana. That is all that we’ve shared—the truth,” MCC Communications Director Jamie Grantham said in a press release. “The politicians and bureaucrats behind Mississippi Horizon clearly orchestrated this letter from the Trump campaign. It’s just the latest example of the lengths to which they will go to prevent any form of medical marijuana in Mississippi.”

“President Trump himself has said he supports medical marijuana and is letting the states decide,” she said. “Initiative 65 is the only plan on the ballot that will create an actual medical marijuana program in Mississippi.”

While Trump has made his views on medical cannabis clear—and he’s expressed support for a states’ right approach to marijuana policy—he’s also on several occasions released signing statements on spending legislation stipulating that he reserves the right to ignore a long-standing rider that prohibits the Justice Department from using its funds to interfere with state-legal medical marijuana programs.

He also proposed deleting the rider altogether in multiple annual budget proposals to Congress, though President Obama did the same thing when he was in office.

The Mississippi mailer neglected to acknowledge those nuances, however.

“For the last two years, he has signed legislation offered by Republican Senators to prevent his Department of Justice from prosecuting medical marijuana businesses in states that have legalized its use,” it states.

“The Trump campaign’s decision in this matter is a further indication that this administration is unwilling to either embrace or act upon marijuana policy reform,’ Justin Strekal, political director of NORML, told Marijuana Moment. “For four years, this administration has been silent at best and hostile at worst when it comes to marijuana policy, and there is no indication that they would change going forward if given the opportunity.”

“At the end of the day, this is just bad politics,” he said.

A Quinnipiac poll found last year that 93 percent of Americans support medical marijuana, including 86 percent of Republicans, 96 percent of Democrats and 96 percent of independents—raising questions about why the president’s reelection campaign chose to take the proactive step of distancing their candidate from such an overwhelmingly popular issue that enjoys supermajority backing across partisan lines.

Meanwhile, the Democratic presidential nominee, Joe Biden, favors legalizing medical marijuana, decriminalizing cannabis possession more broadly, expunging prior convictions, modestly rescheduling the drug under federal law and letting states set their own policies. That said, he helped craft some of the nation’s most infamously punitive anti-drug laws during his time in the Senate—a record that the Trump campaign has seized on.

“More than 81 percent of Mississippians agree with President Trump in supporting medical marijuana for people who are suffering,” Grantham said, referencing a poll released last month. “Voters see through the actions of politicians who failed to act on this issue and who are now trying to block this initiative. 65A lets politicians decide. More than 228,000 Mississippians signed petitions for Initiative 65 which lets doctors and patients decide.”

The medical cannabis reform campaign has faced a series of obstacles before and after qualifying for the state’s November ballot.

The primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After MCC qualified their measure, the legislature approved an alternative that is viewed as more restrictive. The result is a muddled ballot that requires voters to answer a two-step series of questions—and that potential confusion threatens to jeopardize the activist-led proposal.

More recently, the Mississippi State Medical Association and American Medical Association have also contributed to the opposition, circulating a sample ballot that instructs voters on how to reject Initiative 65.

Last week, Gov. Tate Reeves (R) signed legislation that amends state law to allow people to obtain marijuana-derived medications that are approved by the Food and Drug Administration. He also reiterated his opposition to broader medical cannabis reform, stating that he’s “against efforts to make marijuana mainstream.”

If the campaign’s measure passes, it would allow patients with debilitating medical issues to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be allowed to possess up to 2.5 ounces of marijuana per 14-day period.

In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve similarly posed a threat to the activist-driven reform initiative. But, to advocates’ relief, the legislation didn’t advance before lawmakers went home for the summer.

Read the Trump campaign’s cease and desist letter below: 

Trump Cease and Desist To M… by Marijuana Moment

Kamala Harris Touts ‘Commitment’ To Marijuana Decriminalization And Expungements Under Biden Administration

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New Jersey Voters Strongly Back Marijuana Legalization And Cannabis Pardons, New Poll Finds

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Support for a referendum to legalize marijuana in New Jersey remains strong, according to a new poll released on Tuesday. And what’s more, voters want Gov. Phil Murphy (D) to go a step further by pardoning people with low-level cannabis convictions.

The survey, which is the fourth and final from the law firm Brach Eichler LLC this election cycle, shows that 65 percent of New Jersey voters are in favor of the reform proposal that will appear on the state’s November ballot. Just 29 percent are opposed to the policy change and six percent remain undecided.

These results are statistically consistent with the prior three polls from the firm as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released last week by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.

As has historically been the case, Democrats are most likely to back legalization (70 percent), followed by independents (62 percent) and Republicans (52 percent).

But beyond legalizing cannabis for adult use, New Jersey voters are also strongly in favor of having the governor use his clemency powers for those previously convicted over low-level marijuana offenses. Sixty-eight percent of respondents said Murphy should grant those individuals pardons, compared to 21 percent who are against it and 11 percent who are unsure.

For the first time since the firm starting polling on cannabis issues this year, a majority of voters (51 percent) also said that prior marijuana records of all levels of convictions, rather than just simple possession, should be expunged.

“The Brach Eichler Cannabis Poll, which has consistently reported overwhelming support for legalizing cannabis, today again confirms that New Jersey voters support this long overdue change by a significant margin,” Charles Gormally, co-chair of the firm’s cannabis practice, said in a press release. “After election day it is imperative that our legislature move to create the most efficient, safe and regulated marketplace to capture the tri-state cannabis business.”

The survey, which involved interviews with 500 registered voters from October 5-13 and has a margin of error of +/- 4.4 percentage points, also asked about the policy of local control for the marijuana market. Forty-seven percent said that individual jurisdictions should be allowed to ban cannabis businesses from operating in their area, compared to 39 percent who are opposed to the proposal and 14 percent who are undecided.

“It is clear that home rule is a topic that needs to be more fully addressed,” Gormally said. “Cannabis businesses are going to need an immediate understanding of local politics and community issues before embarking on plans for certain parts of New Jersey.”

Five states have recreational or medical marijuana legalization on the ballot this election, and polling broadly indicates that the measures will be successful.

Two recent surveys of Arizona voters show growing majority support for an initiative to legalize adult-use cannabis.

Montana voters seem poised to approve a pair of marijuana legalization initiatives next month, according to a poll released last week.

In South Dakota, polling signals that voters will approve separate initiatives to allow both medical and recreational cannabis.

A survey of Mississippi voters that was released in September found that an activist-led measure to legalize medical marijuana “stands a strong chance of passage.”

Meanwhile, in New Jersey, putting legalization to voters as a referendum question was the result of the legislature’s failure to pass reform legislation last session.

Murphy, the governor, has been a vocal advocate for approving the measure.

He said during a virtual fundraiser with the pro-legalization NJ CAN 2020 earlier this month that the state “can’t fail” at enacting the policy change this round. A top lawmaker also spoke at the event and said an enabling and regulatory bill was being prepared in anticipation of a favorable vote, and that it could be voted on by the legislature as soon as the first week of November.

The governor also recently recorded a video ad that was released by the reform group, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.

Murphy similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.

“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”

Last month, Murphy also called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.

“Legalization would right those wrongs while also spurring massive economic development opportunities, job creation, and new tax revenue,” the governor wrote. “Now, we have the opportunity to get this done and finally legalize adult-use marijuana here in the Garden State, and I need your help to make it happen.”

He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

NJ CAN 2020, one of two campaign committees working to pass the cannabis referendum, released a series of English- and Spanish-language video ads last week, after having published one prior ad. Meanwhile, campaign finance records compiled  show that legal marijuana supporters are out-raising opponents by a ratio of nearly 130:1.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.

Marijuana Legalization In Texas Would Generate Billions In Tax Revenue, New Economic Analysis Shows

Photo courtesy of Philip Steffan.

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Kamala Harris Touts ‘Commitment’ To Marijuana Decriminalization And Expungements Under Biden Administration

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Democratic vice presidential nominee Kamala Harris (D-CA) again pledged in a new interview that decriminalizing marijuana would be an administrative priority if she and Joe Biden are elected.

Speaking to The Grio on Saturday, the senator discussed the would-be Democratic administration’s criminal justice agenda, contrasting it with that of President Donald Trump. She reiterated the cannabis reform would be among their policy goals.

“We have a commitment to decriminalizing marijuana and expunging the records of people who have been convicted of marijuana offenses,” Harris said. “When you look at the awful war on drugs and the disproportionate impact it had on black men and creating then criminal records that have deprived people of access to jobs and housing and basic benefits.”

Watch Harris discuss criminal justice and marijuana reform, starting around 12:00 into the video below: 

While reform advocates have appreciated the senator’s repeated calls for cannabis reform on the campaign trail, they’ve taken issue with her tendency to refer to the drug war in the past tense—as she did here by talking about the impact the policy “had”—as though those prosecutions and enforcement disparities haven’t persisted.

In fact, recently released FBI data shows that there were 1,558,862 drug-related arrests in the U.S. last year, about a third of which were for marijuana. That amounts to a new drug bust every 20 seconds on average.

There’s also some frustration that Harris has scaled back her reform push since joining the Democratic ticket as Biden’s running mate. During her own run for the presidential nomination, she called for comprehensive marijuana legalization—a policy not supported by the former vice president despite its popularity among Democrats.

Harris, who is the lead Senate sponsor of a bill to federally deschedule marijuana, said last month that a Biden administration would not be “half-steppin’” cannabis reform or pursuing “incrementalism,” but that’s exactly how advocates would define simple decriminalization.

In any case, the senator has repeatedly discussed cannabis decriminalization on the trail. She similarly said during a vice presidential debate earlier this month that she and Biden “will decriminalize marijuana and we will expunge the records of those who have been convicted of marijuana.”

In addition to those policies, Biden backs modestly rescheduling the drug under federal law, letting states set their own policies and legalizing medical cannabis.

Top Senate Democrat Includes Marijuana Banking Protections In New Coronavirus Relief Bill

Photo element courtesy of California Attorney General’s Office.

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