Vermont is officially the ninth state to legalize marijuana, and the first to end cannabis prohibition through an act of lawmakers.
“I personally believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children,” Gov. Phil Scott (R) said in a statement accompanying a legalization bill he signed into law on Monday.
Under the legislation’s provisions, people over 21 years of age will be allowed to to legally possess up to one ounce of marijuana and grow as many as two mature and four immature cannabis plants.
Commercial marijuana sales will not be allowed under the new law, which is set to take effect on July 1.
All eight other states that had previously legalized marijuana did so via voter-approved ballot initiatives.
Vermont’s legislative move signals a milestone in the evolving politics of marijuana. Polls consistently show majority voter support for legalization, and more politicians are beginning to see the issue as a winning one they should embrace rather than run away from.
State lawmakers approved the legislation earlier this month, just days after U.S. Attorney General Jeff Sessions moved to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference.
Now that the bill allowing possession and home cultivation has been signed into law in Vermont, supporters appear ready to keep pressing toward full-scale commercial legalization.
“It’s up to citizens across the state whether or not we see a bill like that pass this year with their participation in the process,” Lt. Gov. David Zuckerman (Progressive) said at a press conference earlier this month. “I would like to see that. I think every year we go by not doing it, we are perpetuating the underground, unregulated, unjust system that we have today while other states are moving forward.”
The Senate approved bills to allow legal marijuana sales last year and in 2016, but they didn’t gain traction in the House, which favored the noncommercial approach.
Advocates believe that New Jersey is also poised to end marijuana prohibition via the legislature this year. Phil Murphy (D), who was sworn in as governor last week, campaigned on full-scale commercial legalization and reiterated his promise during his inaugural address. The state’s Senate president says he is ready to pass a bill, too.
Separately, a number of other states are expected to vote on ballot initiatives to legalize recreational or medical cannabis in 2018.
Vermont fell just short of legalizing marijuana last year. The legislature passed a bill to allow personal cannabis possession and homegrow, but Scott vetoed it. However, in doing so, he laid out a few small changes he wanted legislators to make in order to win his support. The Senate quickly acted to make the requested revisions, but the House was not able to overcome procedural hurdles to get it done in time during a short special session over the summer.
Lawmakers took final action on the bill earlier this month.
Scott, who used an executive order to create a commission to study the implications of legalization last year, said in his signing statement that he’s not ready to support legal marijuana sales.
“I look forward to the Marijuana Advisory Commission addressing the need to develop comprehensive education, prevention and highway safety strategies. To be very direct: There must be comprehensive and convincing plans completed in these areas before I will begin to consider the wisdom of implementing a commercial ‘tax and regulate’ system for an adult marijuana market,” he wrote. “It is important for the General Assembly to know that – until we have a workable plan to address each of these concerns – I will veto any additional effort along these lines, which manages to reach my desk.”
Photo courtesy of Harshil Shah.
Hemp Legalization Is Officially Headed to President Trump’s Desk For Signature
The 2018 Farm Bill, which would legalize industrial hemp, is officially headed to President Donald Trump’s desk. The House passed the legislation on Wednesday, one day after the Senate approved it.
It’s been decades since the ban on hemp was imposed—a byproduct of the federal government’s war on marijuana and other drugs. The ban, it seems, will be lifted in a matter of days.
The House passed the bill, 369-47.
The votes come after months of debate over other aspects of the wide-ranging agriculture bill. But the hemp legalization provision, shepherded by Senate Majority Leader Mitch McConnell (R-KY), has received bipartisan support at every step of the legislative process.
Hemp legalization made it through a conference committee where the Senate and House Agriculture Committees reconciled their respective versions of the bill. McConnell marked the occasion this week by signing the conference report with a hemp pen, which he said on Wednesday that the president was free to use to sign the bill into law.
The hemp provision would allow U.S. farmers to grow, process and sell the crop. The Justice Department would no longer have jurisdiction over hemp under the legislation; rather, the U.S. Department of Agriculture would lightly regulate it.
One element of the hemp language created tension between lawmakers and advocates. The original Senate-passed bill prohibited people with felony drug convictions from participating in the hemp industry, but a compromise was reached last week that limited that ban in the final version to 10 years after the last offense.
House Democrats in the Agriculture Committee listed hemp legalization as one of several reasons they were calling for a “yes” vote on the legislation.
The farm bill conference report legalizes industrial hemp. pic.twitter.com/2u5xxtKwaS
— House Agriculture Committee Democrats (@HouseAgDems) December 12, 2018
According to VoteHemp, if the president signs the bill before the year’s end, it will take effect on January 1, 2019.
Marijuana Industry Border Issues Would Be Solved Under New Congressional Bill
Marijuana can really mess up border and immigration issues for people who partake in consumption or participate in the industry, but that would change if a new bill being introduced in Congress this week is enacted.
Under current U.S. laws, people who admit to past cannabis use or who work for or invest in marijuana businesses can be barred from visiting the country under certain circumstances. And marijuana consumption, even if it is legal under state law, can lead to an immigrant being deported.
The new legislation, the Maintaining Appropriate Protections For Legal Entry Act, would provide exceptions for conduct that “was lawful in the State, Indian Tribe, or foreign country in which the conduct occurred” or that was “subsequently made lawful under the law or regulation of such jurisdiction,” according to a draft obtained by Marijuana Moment.
The bill, known as the MAPLE Act for short—surely a nod to the leaf on Canada’s flag—is being filed on Wednesday by Rep. Earl Blumenauer (D-OR).
U.S. border policies on entry by marijuana industry participants were slightly loosened just ahead of the launch of Canada’s legal marijuana market in October to clarify that people working for cannabis businesses are generally admissible to the U.S., with the caveat that “if a traveler is found to be coming to the U.S. for reason related to the marijuana industry, they may be deemed inadmissible.”
And that’s a key exception. Several Canadians traveling to a cannabis industry conference in Las Vegas last month were detained for hours, with one investor being given a lifetime ban from visiting the U.S.
While there is almost certainly not enough time for Blumenauer’s proposal to be considered and voted on by the end of the year, its language could easily be adopted into new legislation after the 116th Congress is seated in January.
In October, the congressman laid out a plan for a step-by-step approach to federally legalizing marijuana in 2019 in a memo to fellow House Democrats.
Marijuana Moment supporters on Patreon can read the full text of the new MAPLE Act below:
Chicago Mayor Wants Legal Marijuana Revenue To Fund Pensions
Tax revenue from legal marijuana sales should be earmarked to fund pension programs, the mayor of Chicago said on Wednesday.
“Illinois legislators will be taking a serious look next year at legalizing recreational marijuana,” Mayor Rahm Emanuel (D) said in a speech to the City Council. “Should they follow that course, a portion of that revenue could go toward strengthening our pension funds and securing the retirement of the workers who depend on them.”
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Daniel X. O’Neil.