The Vermont House of Representatives voted on Thursday to legalize possession and home cultivation of marijuana.
The move comes on the same day that 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.
Under the Vermont legislation, an earlier version of which passed the Senate last summer, commercial sales of cannabis would not be allowed. But if the proposal is enacted, as is expected, the state would become the first to legalize marijuana by an act of lawmakers. To date, all eight states that have ended cannabis prohibition have done so via voter initiatives.
Gov. Phil Scott (R) has promised to sign the bill into law after the Senate votes to approve the new language, expected next week.
Vermont fell just short of ending marijuana prohibition in 2017. Both legislative chambers approved a legalization proposal, but Scott vetoed it. However, the governor then laid out a few small revisions he wanted legislators to make in order to garner his signature. The Senate quickly acted to make the requested changes, but the House wasn’t able to overcome procedural hurdles to pass the revised bill in time during a short special session over the summer.
That left the House poised to approve the bill under regular order after reconvening for the year this week. The vote on Thursday was 81 to 63.
Representatives voted down several floor amendments, including proposals to delay consideration of the bill in light of news about the federal enforcement policy change. They also rejected an attempt by GOP House leader Don Turner to add legal cannabis sales to the bill. The move by Turner, a legalization opponent, was seen by advocates as an attempt to attach a poison pill to the legislation, because Scott would have been less likely to sign it into law as amended.
In his State of the State speech on Thursday, Scott seemed to express disappointment about a recent news report suggesting that Vermont’s consideration of cannabis legalization was the biggest story in the state last year.
“Imagine how it must seem to a family who’s struggling to get by, who can’t afford to pay their property tax bill, to turn on the news and hear that the marijuana debate was ranked Vermont’s number one news story of 2017,” he said.
If the proposal is enacted, possession of up to one ounce of cannabis and home cultivation of two mature plants by adults over 21 years of age would be legal.
While the legislation initially included language creating a study commission to examine the possible future legalization of commercial marijuana sales, Scott created such a panel on his own by executive order during the interim. On Wednesday, the House Judiciary Committee amended the bill to remove the commission provisions, which is why it now requires one more vote in the Senate, where it is widely expected to pass.
Advocates believe that New Jersey is poised to end marijuana prohibition via the legislature this year as well. Phil Murphy (D), who will be sworn in as governor later this month, campaigned on legalization, and the Senate president says he is ready to pass a bill.
A number of other states are expected to vote on ballot initiatives to legalize recreational or medical cannabis.
Read: Here’s The Final 2018 Farm Bill That Will Legalize Hemp
The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.
The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.
Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation—with hemp legalization in the mix—questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry.
But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years.
Read the text of the final 2018 Farm Bill’s hemp provisions here, followed by explanatory statements from the conference committee:
Farm Bill Hemp Provisions by on Scribd
Marijuana Moment excerpted the above sections dealing with hemp from the full 807-page Farm Bill and committee explanatory documentation.
“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”
“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”
Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop.
If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.
Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop
Senate Majority Leader Mitch McConnell (R-KY) signed off on the final version of the 2018 Farm Bill on Monday…and he used a pen made of marijuana’s non-psychoactive cousin, hemp, to so do.
The senator has been the leading proponent of an industrial hemp legalization provision, which recently made its way into the final version of the wide-ranging agriculture legislation.
“Making it official with my hemp pen,” McConnell wrote in a tweet that includes video of him signing off on the proposal. “Proud to have served as conferee on Farm Bill & to fight for Kentucky priorities.”
Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUS pic.twitter.com/8ypwBebXy7
— Leader McConnell (@senatemajldr) December 10, 2018
“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to [President Donald Trump].”
The full text of the final Farm Bill legislation is expected to be publicly released on Tuesday, with votes anticipated in the House and Senate in the coming days.
Photo courtesy of Gage Skidmore.
New York Governor May Include Marijuana Legalization In Budget Proposal Next Month
New York Gov. Andrew Cuomo (D) might just go ahead and include full marijuana legalization in his budget proposal set to come out next month, Crain’s reported on Monday.
Two state lawmakers told the outlet that they’d heard rumors about the governor’s plan, which would build on his recent efforts to put legalization on the table during the next legislative session. Cuomo instructed a working group to draft legalization legislation in August after the state Department of Health came out with a report that found the pros of ending cannabis prohibition outweigh the cons.
If the historically anti-marijuana governor, who as recently as last year was calling cannabis a “gateway drug,” did put legalization in his budget proposal, it’d mean “the state could have a fiscal framework for the program as soon as April,” Crain’s reported.
What exactly that fiscal framework would look like is unclear, and Cuomo’s office declined to comment on the report. It’s possible that the budget would account for the costs of whatever legislation the working group ultimately releases; however, since the bill has yet to be released and the governor’s proposal is expected for January, that might be cutting it close.
In 2014, reform advocates expressed disappointment after Cuomo and leading lawmakers agreed to a budget deal that did not include a medical marijuana legalization bill. Months later, Cuomo signed separate medical cannabis legislation and, in the years since, the governor has grown more amenable to broader reform—especially in the heat of a contentious primary battle against Cynthia Nixon this year.
When the state does go forward with legalization, money is going to be a point of particular interest for lawmakers and advocates, as can already be seen as a debate over a proposal to use cannabis sales tax revenue for public transit in New York City intensified last week.
Photo courtesy of Zack Seward.