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Vermont Senate Passes Marijuana Sales Legalization Bill

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Efforts to create a taxed and regulated marijuana market in Vermont advanced Thursday after the state Senate approved a bill to allow legal cannabis sales.

The legislation was approved by a roll call vote of 23 to 5—a veto-proof margin. After an additional procedural vote in the Senate, likely on Friday, the proposal will head to the House of Representatives.

If enacted into law, S. 54 would establish the Cannabis Control Board as the state’s regulatory body for a legal marijuana market. Five types of licenses for various cannabis businesses would be available, and cannabis sales would be taxed with an excise tax of 16 percent, plus a two percent local option tax.

The bill also includes measures to encourage women and communities disproportionately impacted by prohibition and the war on drugs to join the newly legal market.

“Today’s strong, tri-partisan vote sends a clear message that Vermonters of all political stripes are ready to regulate commercial cultivation and sale of already-legal cannabis,” Dave Silberman, a pro-bono drug reform advocate said in a statement to Marijuana Moment. “By combining a strong regulatory apparatus with our existing homegrow law, S.54 would take power and profits away from illicit dealers and put them in the hands of consumers and law-abiding entrepreneurs.”

The proposal entered the legislative session with strong support in the Senate, with 15 senators—fully half the chamber—signed on as cosponsors.

During a floor debate before the vote, Senate Judiciary Committee Chairman Dick Sears (D) contextualized the growing embrace of marijuana reform around the region. Maine and Massachusetts have enacted legalization, while Connecticut, New Hampshire, New York and Rhode Island are considering doing so. Canada implemented marijuana legalization across all provinces and territories this past fall.

“This is no longer where we would be the only ones in the northeast, but one of many,” he said.

Since the bill’s introduction, committees have made amendments to the proposal, including adjusting the rate at which marijuana would taxed and the number of people comprising the regulatory board. The Senate Committee on Judiciary opted to remove language that would have allowed existing medical cannabis dispensaries exclusive rights to sell marijuana products for a year after the new law took effect.

Sen. Ann Cummings (D), who chairs the Finance Committee, talked about looking at other states’ plans to tax and regulate marijuana sales for guidance. “Their structures are diverse as anything you’ve seen. There’s nothing that says this is the best way to tax and regulate,” she said. “This is a brave new world and we’re trying to feel our way forward.”

“The idea was to keep taxes low to encourage migration from the illegal market,” she said of the proposed 16 percent tax for retail sales. “There is no meals tax on edibles and no taxes are applied until the consumer buys the product.”

Sen. Joe Benning (R) said that he traveled to Alaska and Colorado to study their legal marijuana sales systems and found that “neither state has fallen off the planet.”

While out of the Senate’s hands, the bill’s enactment into law is not yet secured. It must still pass through the larger House of Representatives, which has failed in the past to approve tax and regulate bills, though it did vote last year to approve the state’s current noncommercial legalization law that allows low-level possession and home cultivation.

While Senate President Pro Tem Tim Ashe (D) has fast-tracked efforts to create a legal market, House Speaker Mitzi Johnson (D) has said she isn’t convinced the state is ready to tax and regulate marijuana sales. “You know, I’m honestly really torn on it,” she told Vermont Public Radio last month.

And Gov. Phil Scott (R), who approved the state’s current legal-possession law, has said he would consider signing commercial legalization only if funds were made available for education and prevention measures and roadside tests to detect impaired driving.

A supermajority of House Democrats and Progressives could join the Senate in overriding a potential veto with support of 100 of 150 seats, but cannabis reform support does not split evenly along party lines.

If approved, the bill would go into effect on July 1 of this year, when the board would be formed. Licenses will be given to retailers on or before April 1, 2021.

“Cannabis is legal for adults in Vermont, and it’s time for it to be treated like other products that are legal for adults,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “That means regulating its production and sale to address public health and safety concerns and keep it out of the hands of minors. While some adults would prefer to grow their own cannabis, many would prefer to access it safely and legally from licensed stores. They should have the choice, and that is what this bill will provide.”

Other marijuana-related legislation remains active in Vermont.

A similar bill, H. 196, which sits in the House Committee on General, Housing and Military Affairs, has been backed by more than a third of the chamber’s members. Another bill, S. 117, would scrap the specified list of conditions for which doctors can recommend medical cannabis as well as a requirement that patients must have an existing relationship with their doctor before they can get such recommendations.

The Vermont Senate vote is the latest in a string of legislative wins for marijuana reformers around the country this week.


Marijuana Moment is already tracking more than 700 cannabis bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

We followed more than 900 pieces of cannabis legislation in 2018. Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

In New Hampshire, a bill that would allow adults 21 and older to consume, gift, possess, cultivate, and purchase marijuana from approved retailers was passed by the House of Representatives on Wednesday.

In Hawaii, a bill that would reduce criminal penalties for certain marijuana-based offenses, making them punishable by monetary fines and not jail time, was unanimously approved by a key House committee on Wednesday, while a broader legalization bill cleared a separate committee earlier this month.

And in New Mexico, lawmakers in several committees have voted to advance two separate pieces of marijuana legalization legislation.

Vermont Senate Expected To Vote On Legal Marijuana Sales Bill This Week

Photo courtesy of Chris Wallis // Side Pocket Images.

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Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling

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A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.

The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.

“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.

“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”

On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.

The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.

“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.

The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.

Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.

While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.

Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.

Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators

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Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators

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Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.

As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.

But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.

State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”

Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.

The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”

The memo was silent, however, on the likelihood of enforcement. As of Friday morning, slushies still appeared on menus for some Oklahoma dispensaries.

It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.

Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.

Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.

Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect

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Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect

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Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.

A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.

“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”

Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).

On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.

Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.

“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.

The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.

A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.

Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.

“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”

The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.

Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.

“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”

Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.

“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”

In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.

Austin Police Will Stop Marijuana Possession Arrests And Citations

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