Washington State’s top legal official is preparing to potentially sue the Trump administration over marijuana enforcement policies, he confirmed in an interview on Wednesday.
“In my view, we’ve got a legitimate business, playing by our rules here in Washington State and [if] the federal government comes in to try to shut that down, we’d be interested in that or any step that’s taken to adversely impact the system as a state that we have going forward,” state Attorney General Bob Ferguson (D) said. “That would be something we would be paying close attention to. My job is to defend state law, including initiatives.”
While making it clear that any legal actions would be determined on a case-by-case basis, Ferguson said that his office is ready to defend cannabis businesses that are in strict compliance with state law.
“Hypothetically speaking, there could be a business that’s licensed in Washington State selling marijuana that’s all in state law. Let’s assume they’re following state law to a T — that’s important — and the feds go in and try to shut that business down, they seize the marijuana or the proceeds,” he said. “If it’s a business just following our rules and they’re a business minding their own business selling marijuana, yes, that would get our attention for sure… In general if there was a threat to our industry, that would have our attention.”
Ferguson’s comments, which came during a Wednesday interview with the editorial board of The Columbian, a local newspaper in Clark County, Washington, follow his office’s release of a notice last month that asked marijuana industry operators who believe they have been harmed by federal enforcement policy changes to get in touch.
The notice came in response to a move by U.S. Attorney General Jeff Sessions to rescind Obama-era guidance that has generally allowed states to implement their own cannabis laws without federal interference.
It was widely speculated that the invitation by Ferguson’s office for marijuana business owners to share their experiences signaled the start of preparations for possible lawsuits against the Sessions move.
I’m just speculating, but this reads to me like the Washington State attorney general’s office might be looking to ID potential plaintiffs for a federal lawsuit against Sessions’s anti-maijuana move… pic.twitter.com/o3SgGvfVI7
— Tom Angell 🌳📰 (@tomangell) January 22, 2018
Leafly noted that Ferguson has not been shy about starting or joining lawsuits against the Trump administration over the course of the past year, so it would not be surprising to see his office take the lead in a court action over cannabis policy.
Now, Ferguson has confirmed that he is “prepared if there needs to be a legal fight on the future of marijuana legalization in Washington State. We hope it doesn’t come to that, but we’ve always felt that way.”
He added that already “there have been conversations” with cannabis industry operators who feel they have been affected by the federal move.
“We’ve been reaching out,” he said. “As a result of Attorney General Sessions’s decision to roll back the Cole Memorandum, has anyone been adversely impacted by that? Has a bank stopped working with them, for example, no longer taking the proceeds from their sales? We’re interested if there’s any adverse impacts from that decision on any businesses out there and folks. We’re interested in hearing from them.”
Also in the interview with the Columbian, Ferguson criticized Sessions for refusing to meet with him and Gov. Jay Inslee (D) to discuss cannabis. And he called out the federal attorney general for making statements about marijuana that are “riddled with factual mistakes.”
“There’s no way to sugarcoat that,” he said.
Photo courtesy of Nicolas Raymond.
Mexican Government Officials Visit Canada To Learn About Marijuana Legalization
The office of Mexican President-elect Andrés Manuel López Obrador announced on Friday that key members of his incoming cabinet will discuss marijuana legalization with Canadian government officials on a visit to the country next week.
As part of the trip by seven secretaries-designate, officials from the two nations will meet about issues such as human rights, inclusive governance and “regulation of cannabis use,” a press release from López Obrador’s transition team said.
Among those taking the trip north will be Olga Sánchez Cordero, the likely next interior secretary of Mexico, who has previously said she would encourage the new president to legalize marijuana and pursue broader drug policy reforms.
Canada’s marijuana legalization law went into effect this week.
López Obrador will be sworn in as president on December 1.
Canadian Lawmaker Vapes Marijuana And Doesn’t Care What Anyone Thinks
A Canadian member of Parliament openly consumes marijuana, something he says will be completely normal and not at all noteworthy soon in light of the country’s new legalization law that went into effect this week.
“Just as someone might have a glass of wine or a scotch on a Friday night, I would turn to my vaporizer,” MP Nathaniel Erskine-Smith said in an interview with CBC news.
But it’s not all about getting high for fun and relaxation for the member of Liberal Prime Minister Justin Trudeau’s party. He also consumes cannabis medicinally.
“I have Crohn’s, so sometimes I turn to it for that reason as well,” he said.
Within a matter of years, though, no one will care whether lawmakers toke up, Erskine-Smith believes.
“Five years from now, no one will be interested in this question because we’ll all recognize we’re responsible adults, and this is far less harmful than alcohol, far less harmful than tobacco,” he said. “And we should use it responsibly, yes, because there are potential harms.”
“Certainly Canadians are capable of doing this because we’ve been doing it for decades.”
On that point, Erskine-Smith acknowledged that he too has been consuming cannabis before prohibition officially lifted on Wednesday.
“It would be sort of silly for me to stop now, wouldn’t it?” he asked.
MP Nathaniel Erskine-Smith says he enjoys cannabis, and that five years from now, no one will care to ask him about it. pic.twitter.com/L7U3N46EwW
— CBC News: The National (@CBCTheNational) October 18, 2018
Photo courtesy of Cannabis Culture.
Missouri Campaign Finance Records Show Medical Marijuana Ballot Battle Heating Up
New quarterly campaign finance documents from Missouri medical marijuana ballot committees, covering activity from July 1 to September 30, show some coalescing of support for one of three measures on the ballot, while a recently created committee that opposes all of the medical cannabis options has yet to report any financial support.
Here’s what the fundraising and expenditures for the key committees behind each of the three proposed measures look like:
(Note: only those committees with major activity in Q3 are displayed)
Missouri has one of the most confusing sets of marijuana ballot options to ever go before voters in any state, with two proposed constitutional amendments and one proposed statutory measure to choose from. Each option was sponsored by a separate committee that actively attacked the others in the months leading up to qualifying this summer to get on the ballot, with hostile campaign tactics continuing since then—including lawsuits and opposition research into the personal finances of advocates.
In the last few months, two additional organizations entered the fray. One is the only ballot committee that opposes both of the amendments and the proposition. Citizens for SAFE Medicine registered on September 20, and did not report any financial contributions or expenditures on its October 15 report. Judy Brooks, listed as Treasurer of the organization, is also a founder of Jefferson City’s Council For Drug Free Youth.
The other is “Patients Against Bradshaw Amendment Formally Known As Find The Cures Political Action Committee.” The committee, which registered August 27, opposes Amendment 3 and supports Amendment 2. It raised $1,441 cash from five donors, and has spent $447 of that on campaigning.
Its verbose name is a reference to Dr. Brad Bradshaw, the main financial contributor to Find the Cures, a committee that registered in September 2015 to support the measure now designated as Amendment 3. Between October 2017 and June 2018, he provided loans to Find the Cures to the tune of $1.2 million. The committee spent over $800,000 of that to hire a signature collection firm to get on the ballot.
Bradshaw’s measure would, among other things, create a research center that many suspect he intends to run himself. It had already come under fire from Missouri NORML, which backs New Approach Missouri and its preferred proposal, Amendment 2. Find the Cures had already raised $1,556,705 in the first half of 2018 (much of that in the loans from Bradshaw), but started the most recent quarter with just $79 in the bank. From July through September, the committee took in another $209,111, with $186,121 of that in the form of additional loans from Bradshaw. It spent $164,739 on advertising and campaign staff, leaving $44,451 cash on hand for the remaining weeks before the election.
Under Amendment 2, doctors would be allowed to recommend medical cannabis for any condition they feel it is needed. Registered patients and caregivers would be permitted to grow up to six marijuana plants and purchase up to four ounces from dispensaries per month. Medical cannabis sales at dispensaries would be taxed at four percent. As previously reported by Marijuana Moment, the St. Louis chapter of the NAACP, Freedom Incorporated and the St. Louis American newspaper support Amendment 2. It also recently garnered an endorsement from the St. Louis Post-Dispatch.
New Approach Missouri was the most active committee in terms of continuing to raise and spend funds in quarter three of 2018. The group, which had already raised $1,057,263 for the election, took in another $256,924 cash and $15,368 worth of in-kind contributions. They spent $229,122 in the quarter, for events, legal fees, database management, media creation and public affairs in support of Amendment 2. One employee has been paid a total of $116,180 over the course of the campaign. They had $39,878 in the bank at the end of September.
Long-time political action committee Show-Me Cannabis Regulation, which has been around for seven years, had little activity last quarter, bringing in $350 and spending $72, leaving $2,250 on hand. It has however seemingly thrown its support behind New Approach Missouri, providing $5,000 in in-kind support to the committee.
Here’s a chart using a logarithmic scale that includes more of the committees, even those with relatively paltry finances:
(Note: scale is logarithmic in order to depict smaller committees)
Missourians for Patient Care, which supports Proposition C, had little money activity in the most recent reporting period, suggesting that it is perhaps stepping back from active campaigning at this point. The group had raised a whopping $1,393,360 in 2018, but had only $31,077 left on hand at the beginning of July. In the last three months, it brought in $115 and reported no expenses.
One additional committee that formed, “Missouri Medical Marijuana,” that supported “medical marijuana measure,” has terminated its operations.
On Election Day, we will see whether the millions of dollars spent result in Missouri voters enacting one of more of the cannabis ballot proposals.