Vermont appears poised to become the next state to legalize marijuana. And, according to top elected officials, it is likely to do so within a matter of weeks.
Last week, House Speaker Mitzi Johnson, a Democrat, said she expects “it likely will pass in early January.”
Days earlier, Gov. Phil Scott, a Republican, said he is “comfortable” signing a cannabis legalization bill into law in early 2018.
And on Thursday, Senate President Pro Tempore Tim Ashe, a member of the Progressive Party, said he and his colleagues “look forward to working with the governor to make sure that that bill gets to the finish line.”
If the tripartisan group of officials follows through and enacts legalization in early 2018, it would make Vermont the first state to end cannabis prohibition by an act of lawmakers. All eight states that have legalized marijuana so far have done so via ballot measures approved by voters.
Meanwhile, New Jersey is also considered a top contender to become the first state to pass a cannabis legalization bill. Incoming Gov. Phil Murphy, a Democrat, campaigned on the issue, and the state Senate’s president says he’s “committed” to passing a bill next year.
But the Green Mountain State has a considerable head start on the Garden State.
In Vermont, which operates on a legislative biennium, the Senate has already passed the legalization bill. All that is required to get it to Scott’s desk for signing into law is one more House floor vote, and that could happen any day after the legislature reconvenes on January 3.
In 2017, the state fell just short of ending marijuana prohibition. 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.
The legislation remains on the House calendar, and can be approved with a simple majority under regular order next month.
Under the bill, Vermont’s approach to legalization would differ from the regulatory systems that exist in the other eight legalization states. That’s because instead of allowing licensed stores where consumers could purchase marijuana, it would simply enact a noncommercial form of legalization where possessing small amounts of cannabis and growing a few plants at home would be legal. However, the Senate-approved legislation would create a commission to study possible future commercialization.
During the legislative recess, Scott used an executive order to proactively create a marijuana legalization study commission on his own, so there is a chance that the pending bill will be amended to remove its commission provisions before lawmakers vote on final passage. And that could potentially mean that it will take slightly more time than just one additional House floor vote.
“Part of that bill is no longer needed,” Scott said this month, referring to the commission piece.
While saying that he has not yet “spoken to legislative leaders” about the language, he suggested lawmakers might want to “make some changes on the floor, send it back to committee, make some alterations and then we’ll see what they either add or delete and then we’ll see if it’s the same as what I committed to pushing forward with.”
But accomplishing those changes likely would not take very long, advocates say, given the consensus between legislative leaders and Scott on getting legalization enacted that seemed to crystalize during the 2017 session.
“After years of starts and stops, Governor Scott and the legislature are finally on the same page with respect to cannabis policy reform, and it now seems clear that Vermont will legalize possession and personal cultivation within weeks,” Dave Silberman, a Middlebury attorney and pro bono drug policy reform advocate, said in an interview. “This is a testament to the power of public pressure, after thousands of Vermonters called and wrote the governor in opposition to his veto of a nearly identical legalization bill just last May, and shows that, when it comes to drug policy reform, the more we speak, the more we win.”
Matt Simon, the New England political director for the Marijuana Policy Project, agreed, adding that success in Vermont will likely signal the start of a wave of legislative action on cannabis in other states.
“Vermont now finds itself on the cusp of becoming the first state to legalize marijuana through its legislature,” he said in an email. “The legislative process is slower than the [ballot] initiative process by its very nature, but this exciting development should bring hope to the millions of reform supporters who live in states that don’t allow initiatives. I’m confident that other state legislatures will soon follow their lead.”
Photo courtesy of M a n u e l.
Marijuana Policy Project Welcomes New Executive Director
The Marijuana Policy Project (MPP), the nation’s best-funded cannabis advocacy group, has named long-time social justice reform advocate Steve Hawkins as its next executive director.
Hawkins, who previously served as the executive director of the National Coalition to Abolish the Death Penalty (NCADP) and executive vice president of the NAACP, will assume responsibility for MPP’s national legalization advocacy efforts just months before a number of states vote to enact their own legal systems.
The decision was made after a “months-long candidate search that included several exceptionally qualified candidates,” MPP said in a press release.
“We are still battling the effects of decades of anti-marijuana legislation and propaganda in this country,” Hawkins told Marijuana Moment. “Huge strides have been made when it comes to setting the record straight, but our work is far from over and there is still a lot of misinformation out there that needs to be addressed.”
“Fundraising and maintaining momentum is also a core challenge for the movement, which is in some ways a victim of its own success. Thanks to the major gains it has made in recent years, many people think legalization is inevitable and that their donations are no longer needed or that they don’t need to take the time to write their elected officials. These laws are not going to change themselves and there is more need than ever for resources and engagement to support federal and state-level reform efforts.”
Hawkins’s experience running successful criminal justice reform campaigns—including a bipartisan effort to end capital punishment for juveniles during his time at the NCADP—made him an apt candidate to spearhead the fight to end prohibition, Troy Dayton, chair of MPP’s board of directors, said in a statement.
“Steve has a strong track record in the field of criminal justice reform, and he knows how to build a movement toward meaningful social change,” Dayton said. “We were not only impressed by his expertise and experience, but also his strong convictions regarding the injustice of marijuana prohibition.”
“The country is moving in the right direction on marijuana policy, but there is still a lot of work to be done.”
Hawkins also previously held leadership positions at Amnesty International and the Coalition for Public Safety.
He told Marijuana Moment that his three decades of experience “defending civil and human rights” has informed his belief that we should “bring an end to marijuana prohibition, which has had a hugely detrimental impact, especially to communities of color,” and that we should “replace it with a more sensible system of regulation.”
“I also believe it is critical we ensure those populations that were so negatively impacted by prohibition are able to participate in and experience the positive impacts of such a regulated system.”
At MPP, Hawkins will succeed Rob Kampia, who late last year left the organization he founded in 1995 to start a for-profit cannabis policy consulting firm called the Marijuana Leadership Campaign. Kampia’s departure was announced shortly after sexual misconduct allegations against him resurfaced amid the #MeToo movement.
Kampia offered some words of advice for the next person to occupy his former seat in a phone interview with Marijuana Moment:
“View yourself as a fundraiser who has to engage in transactional fundraising with the marijuana industry in part, and view yourself as needing to come up with a smart, strategic plan for lobbying in state legislatures rather than doing ballot initiatives where no one else is going to touch it. Do not view yourself as a spokesperson.”
Or in other words, less of a focus on talk, and more on action.
MPP named Matthew Schweich as the interim executive director while the group scouted for a replacement. Scweich will now serve as MPP’s deputy director overseeing marijuana reform initiatives in Michigan and Utah.
In a statement, MPP board member Joby Pritzker said Schweich “provided critical leadership during a challenging transition period for MPP.”
“He maintained the effectiveness of our advocacy operations, managed our fundraising efforts, and oversaw ballot initiative campaigns in multiple states, while at the same time leading our staff and assisting the board with the executive director search.”
The past few years have seen a number of leadership changeups at national pro-legalization groups.
NORML brought on Erik Altieri as executive director in 2016 after Allen St. Pierre left the organization following 11 years of service. And last year, the Drug Policy Alliance announced that it had hired Maria McFarland Sánchez-Moreno, who worked on international and domestic drug policies issues for 13 years at the Human Rights Watch, as the new executive director to replace retiring founder Ethan Nadelmann.
While the objective at all of these groups—promoting equitable drug policy reform in the United States—has remained the same, the nature of the movement has evolved. A majority of states have now legalized cannabis for medical or recreational purposes, and though state-level reform efforts continue, calls for change at the federal level are increasingly resonant.
That is to say, these new executive directors will face a different set of challenges than their predecessors did.
Photo courtesy of Beloit College.
UN Launches First-Ever Full Review Of Marijuana’s Status Under International Law
For the first time ever, the United Nations (UN) is launching an in-depth review of whether marijuana is properly classified under international drug treaties.
In a related development, the UN’s World Health Organization (WHO) has announced that cannabidiol (CBD), a compound in marijuana that is increasingly used for medical purposes, does not warrant being controlled under the global agreements.
“The Committee recommended that preparations considered to be pure CBD should not be scheduled within the International Drug Control Conventions,” WHO Director-General Tedros Adhanom Ghebreyesus wrote in a letter announcing the moves. “The Committee concluded that there is sufficient evidence to proceed to a Critical Review” of marijuana, hashish, cannabis extracts and THC.
That broader review is set for November, and follows the results of an initial pre-review conducted by WHO’s Expert Committee on Drug Dependence (ECDD) in June.
“A pre-review is the first step of the ECDD’s assessment process, where it is determined whether there is enough robust scientific information to proceed to the next step, called a critical review,” an explanatory document accompanying the new letter reads. “This initial evaluation is also an opportunity to identify gaps in the available scientific data. A critical review is carried out when there is sufficient scientific evidence to allow the ECDD to make informed an recommendation that the substance be placed under international control, or if its level of control should be changed.”
The reviews include analyses of the chemistry, pharmacology, toxicology, epidemiology and therapeutic use of the substances.
If the UN ultimately decides to change marijuana’s status under international law, it would trigger a review on U.S. scheduling, according to provisions of the Controlled Substances Act.
“Thankfully the World Health Organization has accepted the challenge of evaluating the placement of cannabis in the 1962 Single Convention treaty,” Michael Krawitz of Veterans for Medical Cannabis Access told Marijuana Moment. “Cannabis placement in the treaty was done in the absence of scientific evaluation and has provided the basis for a moral campaign against drugs by the USA for many decades. Since our work on medical access to cannabis has been based upon scientific inquiry we know that any rational assessment of the evidence leads the observer to understand cannabis indeed has proven medicinal value and, compared to other medicines, has profoundly fewer negative side effects.”
Here’s what the UN experts have determined so far:
“There are no case reports of abuse or dependence relating to the use of pure CBD. No public health problems have been associated with CBD use,” an annex attached to Ghebreyesus’s letter reads, noting that research has shown it to be effective in treating epilepsy. “CBD has been found to be generally well tolerated with a good safety profile.”
“Cannabidiol (CBD) is not specifically listed in the schedules of the 1961, 1971 or 1988 United Nations International Drug Control Conventions… There is no evidence that CBD as a substance is liable to similar abuse and similar ill-effects as substances in the 1961 or 1971 Conventions such as cannabis or THC, respectively. The Committee recommended that preparations considered to be pure CBD should not be scheduled.”
When it comes to whole-plant marijuana and resin, ECDD’s pre-review found that while “adverse effects” are possible and that cannabis can cause physical dependence, its current categorization in international treaties “may not appear to be consistent with the criteria.”
“Several countries permit the use of cannabis for the treatment of medical conditions such as back pain, sleep disorders, depression, post-injury pain, and multiple sclerosis,” the document says. “The evidence presented to the Committee did not indicate that cannabis plant and cannabis resin were liable to produce ill-effects similar to these other substances that are in Schedule IV of the 1961 Convention on Narcotic Drugs. The inclusion of cannabis and cannabis resin in Schedule IV may not appear to be consistent with the criteria for Schedule IV.”
“The Committee concluded that there is sufficient evidence to proceed to critical review of cannabis plant and cannabis resin at a future ECDD meeting and explore further the appropriateness of their current scheduling within the 1961 Convention.”
With respect to extracts and tinctures of cannabis, the committee similarly identified health issues associated with consumption, but said “there is limited evidence of a withdrawal syndrome upon abrupt cessation.”
The committee also looked at THC itself and isomers of THC, and recommended that both be subject to critical reviews in November.
Ghebreyesus’s letter is addressed to UN Secretary-General Antonio Guterres, who will be the ultimate recipient of WHO’s recommendations on cannabis and related extracts and compounds following the review.
Guterres was prime minister of Portugal when that nation decriminalized all drugs, a move he touted last year in an address to the UN’s Commission on Narcotic Drugs. After the critical reviews are in, that body will vote on whether to alter cannabis’s status under the international treaties.
Marijuana Moment Patreon supporters can see the full text of the new WHO letter on cannabis below:
North Dakota Marijuana Legalization Measure Qualifies For November Ballot
North Dakotans voted to approve medical cannabis two years ago, and now they will get the chance to decide on full marijuana legalization this November.
Activists collected a sufficient number of signatures to qualify a ballot measure that would allow adults over 21 to use and grow marijuana, the secretary of state’s office determined on Monday.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Photo courtesy of Philip Steffan.