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Lawmakers And Witnesses Clash On Strategy During Congressional Hearing On Ending Federal Marijuana Prohibition

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Members of a key congressional committee convened for a first-ever hearing on ending marijuana prohibition on Wednesday, engaging in informed conversations about the issue that largely embraced evidence and avoided resorting to fear mongering, demonstrating a broad consensus that major cannabis reforms are needed.

But there was some disagreement and debate over what reform legislation should look like and the best strategy to advance it.

The meeting of the House Judiciary Crime, Terrorism and Homeland Security Subcommittee marks a significant development in the marijuana reform movement. As advocates suspected in advance, lawmakers seemed to regard the question of whether to reform federal marijuana laws as a given and used the hearing to discuss how to regulate cannabis.

Those issues included social equity in the legal industry, repairing the harms of prohibition and investing in communities that have been disproportionately impacted by the drug war.

“Applying criminal penalties with their attendant collateral consequences for marijuana offenses is unjust and harmful to our society,” Judiciary Committee Chairman Jerrold Nadler (D-NY) said. “The use of marijuna should be viewed instead as an issue of personal choice and public health.”

Watch the hearing, titled “Marijuana Laws in America: Racial Justice and the Need for Reform” below:

While the meeting didn’t largely focus on specific cannabis bills, multiple relevant proposals have been introduced this session—ranging from bipartisan legislation that would simply allow states to set their own marijuana policies to bills that would fully deschedule cannabis and include social equity provisions—and there was some discussion and disagreement raised about certain legislation.

“The war on drugs was racially biased from its inception and has been carried out in a discriminatory fashion with disastrous consequences for hundreds of thousands of people of color and their communities,” Chairwoman Karen Bass (D-CA) said in her opening statement.

Rep. Tom McClintock (R-CA), the acting ranking member of the subcommittee, said that marijuana decriminalization “may be one of the very few issues upon which bipartisan agreement can still be reached in this session” and that it “doesn’t require endorsing cannabis.”

The congressman also argued that Democratic leadership “has decided to play the race card in this hearing” by framing the issue in terms of racial justice and that the “left does enormous harm every time it tries to divide Amerians along racial lines.”

Nadler pushed back against McClintock’s characterization, emphasizing that “marijuana laws had been done in racially disparate manner.”

“To point that out and to seek to cure that is not to inflame racial divisions,” he said. “It’s simply to point out a fact of life and try to cure it.”

“Personally I believe cannabis use in most cases is ill advised,” he said. “But many things are ill advised that should not be illegal but should rather be left to the informed judgement of free men and women.”

Malik Burnett, a Johns Hopkins Bloomberg School of Public Health physician and former Washington, D.C. policy manager at the Drug Policy Alliance’s Office of National Affairs, testified at the hearing.

“It is an unmitigated fact that the state of cannabis policy today in best described as a tale of two Americas,” Burnett, who serves as the Chief Operating Officer of the minority owned multi-state cannabis business Tribe Companies, said in his written testimony. “In one America there are men and women, most of them wealthy, white and well connected, who are starting cannabis companies, creating jobs and amassing significant personal wealth, and generating billions in tax dollars for the states which sanction cannabis programs.”

“In the other America, there are men and women, most of them poor, people of color, who are arrested and suffer the collateral consequences associated with criminal conviction,” he said. “Drug policy in America is, and has always been, a policy that is based on racial and social control.”

Baltimore State’s Attorney Marilyn Mosby also appeared before the panel. Her office announced in January that her office would no longer prosecute cannabis possession cases.

“The test of time has provided us with ample data that there is little public safety value related to the current enforcement of marijuana laws,” Mosby said in written testimony. “The data indicates that the disparate enforcement of marijuana laws and overall drug laws not only intensifies already existing racial disparities in the criminal justice system, but exacerbates distrust among communities and law enforcement without increasing overall public safety.”

“We have to go beyond decriminalization,” she later said during the hearing. “We have to actually legalize this drug.”

David Nathan, a physician and board president of the pro-legalization group Doctors for Cannabis Regulation, also shared his perspective with the committee.

“As physicians, we believe that cannabis should never have been made illegal for consenting adults. It is less harmful to adults than alcohol and tobacco, and the prohibition has done far more damage to our society than the adult use of cannabis itself,” Nathan said in his testimony.

Finally, Neal Levine, CEO of Cannabis Trade Federation, the minority party’s witness, offered testimony. Advocates view his inclusion as the Republican’s sole witness at the meeting to be a positive sign, as Levine supports broad marijuana reform.

“The most immediate path to resolving the state-federal cannabis conflict is passage of the STATES Act,” Levine said, referring to bipartisan legislation that would allow states to set their own mariijuana policies without fear of federal interference but would not broadly deschedule cannabis. “Immediate passage of the STATES Act could also help spur economic activity in disadvantaged areas in our country.”

“With strong bipartisan support for legislation like the STATES Act, it is possible during the current session of Congress to take major steps toward respecting state cannabis laws, protecting workers, and advancing a more secure, vibrant, and equitable cannabis industry,” he said. “We hope that Congress will take advantage of the opportunity.”

Debate over the best approach to take when it comes to advancing federal marijuana policy legislation has been a subject of strong interest among advocates, some of whom feel pursuing modest reform proposals such as the STATES Act that stand a better chance of passing in the Republican-controlled Senate for now would be more prudent, while others argue that the House should use the opportunity presented by broad support for legalization among its Democratic majority to take up more comprehensive bills.

That conversation reared during the hearing. Rep. Matt Gaetz (R-FL) pressed witnesses on whether they would vote in favor of the STATES Act, which would not deschedule cannabis and does not include social equity provisions.

Burnett stressed the need to pursue legislative fixes that are more comprehensive and emphasize restorative justice. But he did ultimately say he’d vote for the STATES Act “to make progress.”

“My deep concern is that concerns over how far to go on some of the restorative elements of our policy could divide our movement,” Gaetz said. “If we further divide out the movement then I fear that we’ll continue to fall victim to that which has plagued other Congresses where we don’t get anything done.”

Levine argued that passing the STATES Act “would actually clarify it and focus the conversation” as lawmakers work on more wide-ranging cannabis legislation.

But Mosby emphasized “the need to reinvest into those individuals and those communities that have been disproportionately impacted” and said the STATES Act “does not do that, and that is one of the reasons I’m opposed to it.”

Members and witnesses also discussed access to banking services, deterring youth consumption and impaired driving, mitigating opioid abuse and addressing interstate commerce.

Judiciary Committee Ranking Member Doug Collins (R-GA) said that the “legal status of marijuana in the United States is in complete disarray,” noting conflicts between federal and state law as well as international treaty obligations that encourage prohibiting cannabis. He said that the STATES Act is “an excellent foundation for legislative reforms.”

There were also some lighter moments during the meeting, with some lawmakers reflecting on the progress that the hearing represented.

“Everything in politics seems impossible until it happens,” Rep. Ted Lieu (D-CA), said. “If 15 years ago I were to tell you, in 15 years we would have gay marriage in 50 states and, in some of those states, we’d be smoking weed, you’d think I was crazy—but that is in fact what is happening now.”

“This has been a historic hearing. I don’t think the Judiciary Committee has had a hearing on marijuana,” Rep. Steve Cohen (D-TN), said “I’ve been working on this issue for 40 years, and it’s just crazy that we don’t just get it all done.”

“I appreciate Mr. Gaetz’s work on the issue—and I understand incremental— but after 40 years, it’s time to just zap straight up, get it all done, Schedule I done,” Cohen said.

On Tuesday, 10 leading civil rights and criminal justice reform groups including the ACLU added to that conversation by announcing that they’d formed a coalition designed to promote cannabis reform legislation that places an emphasis on social justice.

“Not since the days of Harry Anslinger has cannabis been such a serious topic on Capitol Hill,” Don Murphy, director of federal policies for the Marijuana Policy Project, said in a press release, referring to the former federal anti-drug official who stirred up anti-cannabis hysteria in the 1930s. “With bipartisan support in both chambers, there is no good reason why Congress cannot address this issue before the 2020 election.”

Aaron Smith, executive director of the National Cannabis Industry Association, said that state cannabis programs are “successfully replacing criminal markets with well regulated businesses across the country and public support for ending prohibition continues to rise.”

“It’s long past time for Congress to align federal policies with modern state marijuana laws and public opinion by removing cannabis from the Controlled Substances Act so that we can begin the process of developing federal policies that will not only respect state laws, but will defend public health and safety, protect small businesses, and help repair the damage prohibition policies have inflicted on communities of color,” Smith said.

The hearing represents a first step that’s expected to lead to a markup of one or more bills in the coming months. Nadler is rumored to be working on his own legalization legislation, and his position as the full committee’s chairman gives his sizable influence in getting such reform measures to the House floor.

“Today’s hearing is monumental in our fight to end cannabis prohibition,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment.

“As outlined in our blueprint, every major committee has a role to play in this effort in Congress,” he said, referring to a document he circulated to Democratic leadership last year making the case for how the body can advance marijuana reform in the 116th Congress. “We have outlined a pathway forward, and with a Democratic majority, we are making the progress needed.”

“We must show the resolve to address the harsh racial injustice that the War on Drugs has inflicted on communities of color,” he added. “The federal government needs to get out of the way of the states, get in touch with the American people, and make right its wrongs. We need comprehensive reform to include everyone—cannabis businesses, veterans, and communities of color. Today, is an important step.”

The Debate Over How, Not Whether, Congress Should Legalize Marijuana Is Heating Up

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Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

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New Psychedelics Reform Group Sets Sights On Congress As Movement Builds

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The psychedelics reform movement has seen a wave of successes at the state and local level over the past couple years, but a newly formed group says the timing is right to take their activism to the next stage: Congress.

The Plant Medicine Coalition (PMC)—founded by the head of the Washington, D.C. campaign that got psychedelics decriminalization passed locally in November’s election—is a national organization that hopes to build upon what’s already been accomplished and bring the issue to Capitol Hill, in part by pushing lawmakers to approve federal funding for research into the therapeutic potential of substances like psilocybin mushrooms and ayahuasca.

They will also work to ensure the effective implementation of D.C.’s city-level policy change while supporting other local activists as they push to change laws governing natural or synthetic psychedelics.

Melissa Lavasani, PMC co-founder, told Marijuana Moment in a phone interview that while she was working on the Decriminalize Nature D.C. campaign last year, it “became apparent to me that there was a lot of work to be done here.”

“The psychedelic movement has had a very long history, but, you know, our federal government is still working on cannabis,” she said. “Who is speaking to the federal government about psychedelics? It just looked like this natural fit.”

Beyond being in the right place at the right time, Lavasani said PMC is also better positioned to get its foot in the congressional door because of connections she has with lobbyists at the government affairs firm American Continental Group. That includes Molly Ahearn Allen, who is also a co-founder of PMC.

The overwhelming support for decriminalization of entheogenic substances in the District of Columbia—where 76 percent of voters approved the proposal on Election Day—was a final sign for Lavasani that she needed to fully invest herself in this movement. She feels that the stories of personal wellness breakthroughs as well as scientific research into the therapeutic potential psychedelics that galvanized voters in D.C. could resonate with federal lawmakers, too.

“We really see PMC playing that role as the political hub of the psychedelic movement,” she said. “How can we bring in the stakeholders into the movement and put them in front of our federal lawmakers, packaged in a certain way where they actually give a shit about it? It’s a lot of work, but this is work that needs to happen if we want sweeping legislation passed and we want to create a system that works for everybody.”

One of the first steps the organization plans to take is to push for bipartisan, congressional appropriations language that would dedicate $100 million in research into the therapeutic benefits of psychedelics. At the very least, it would generate conversation among lawmakers, and if those dollars did produce studies, Lavasani said she’s confident the results would underscore the need to lift federal restrictions on these plants and fungi.

“Then you take the next step, and that next step is having conversations with very specific members in Congress whose local jurisdictions have already passed decrim measures in their cities and states,” she said. “We’ll say, ‘Hey, you appropriated these funds in 2021,’ or whenever it happens, hopefully, it’s this year. You have pressure on them at their constituency level. Their constituents are voting for these measures and they’re voting for plant medicine.”

In that way, there’s symbiosis between the local and national reform efforts. As more activists work to decriminalize psychedelics in cities and states across the country, the constituency grows and bolsters PMC’s chances of building congressional support.

It will likely be a steep task, however. Rep. Earl Blumenauer (D-OR), whose state voted to legalize psilocybin therapy in November, is one of the only members of Congress to openly embrace psychedelics reform, for example. And when Rep. Alexandria Ocasio-Cortez (D-NY) attempted in 2019 to get a spending bill rider removed that she said inhibited research into these substances, many of her Democratic colleagues joined Republicans in rejecting the proposal.

But a lot has changed since that vote, with an ever-growing number of jurisdictions adopting decriminalization policies and public perception clearly shifting in favor of reform. By taking a strategic, bipartisan approach to their lobbying and consensus building, PMC says they can leverage the localized momentum and move Congress in the right direction.

PMC isn’t the only national group pushing for psychedelics reform.

Decriminalize Nature (DN), an Oakland-based activist group has been collaborating with local chapters across the country to get their model decriminalization initiative passed. After getting the policy change enacted in Oakland, DN has empowered advocates in Santa Cruz, Ann Arbor, Michigan and Somerville, Massachusetts to follow suit—with hundreds of other activists expressing interest in doing the same in their own cities.

And the leaders behind Denver’s 2019 campaign to decriminalize psilocybin mushrooms started SPORE last year, with similar goals to lead conversations about ending criminalization and promoting research nationally and even globally.

Lavasani says a key difference between PMC and DN is that her group isn’t necessarily promoting one model of reform over the other. Any move to loosen restrictions on psychedelics—whether that’s decriminalization, legalization for medical use or something else entirely—will get PMC’s backing.

Voters in Oregon, for example, approved a statewide ballot initiative to legalize psilocybin therapy in November, but DN came out against the measure weeks before Election Day, expressing concerns about equitable access to the substance under a medicalization model.

The new group, PMC, isn’t restricting its support to “natural” plant-and fungi-derived psychedelics, either, as DN has so far. Lavansani argues that the distinction is largely arbitrary, and that incorporating synthetic substances like LSD could improve access and prevent over-harvesting of entheogenic plans and fungi.

“PMC’s perspective is that there’s many roads to getting these plant medicines into people’s hands, and the community model isn’t the only option,” she said. “We support any reforms that move the needle forward.”

Further, Lavasani stressed, her group’s relationship with experienced lobbyists at ACG, which is working with PMC on a pro bono basis, means they have a “direct line to Congress,” giving them a unique advantage as they move to persuade lawmakers to take psychedelics reform seriously.

GOP Congressman Files Bill To Protect Veterans Who Use Medical Marijuana From Losing Benefits

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Marijuana Legalization Could Create $43 Million In Annual Tax Revenue, Delaware State Auditor Reports

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Delaware could see tens of millions of dollars in tax revenue every year if it moves to legalize marijuana, a top statewide elected official said in a new report released on Monday.

The analysis from State Auditor Kathy McGuiness (D) found that Delaware could generate upwards of $43 million annually in revenue from taxing and regulating cannabis. The legal market could also create more than 1,000 new jobs over five years if the policy is enacted, according to the report.

“Forty-three million dollars in state tax revenue would be a boon to Delaware’s coffers,” McGuiness said in a press release. “That money could be used to plug budget holes in the short term and would continue to provide revenue for all kinds of important initiatives in the long term.”

To come up with these estimates, the state auditor’s office looked at publicly available data and concluded that a regulated marijuana industry would grow to be a $215 million enterprise. And assuming marijuana is taxed at 20 percent, that would translate into $43 million in tax revenue.

Via Delaware Auditor’s Office.

“While our report focuses on the economic implications of legalization, such a move would surely be a positive step forward in reforming our criminal justice system,” the report states. “However, choosing instead to allow the sale of marijuana on the black market to go unregulated will mean Delaware will be left behind as other states realize the important economic, public health and social equity advantages that legalization provides. Now is the time for Delaware to legalize marijuana.”

“It’s our view that the action taken by other states to legalize the recreational sale of marijuana puts Delaware at a competitive disadvantage if we continue to ignore the economic potential that this could yield,” it continues. “No Delaware taxpayer wants to see cuts in essential services nor see the door closed to economic growth and good jobs when revenue options like this exist.”

Via Delaware Auditor’s Office.

Legalizing advocates welcomed the auditor’s report as more evidence that lawmakers should enact the policy change.

“The General Assembly should seriously consider legalizing and regulating cannabis for adults this year. Delaware’s neighbor, New Jersey, and 14 other states have already moved forward with this more sensible policy,” Olivia Naugle, a legislative analyst with the Marijuana Policy Project, told Marijuana Moment. “The longer Delaware waits, the state will continue to miss out on a new source of jobs and revenue. It is past time to end prohibition in the First State.”

NORML Deputy Director Paul Armentano said that legalization “will disrupt the illicit marijuana market, end low-level marijuana arrests, and create jobs and new revenue.”

“This has been the experience in other jurisdictions that have enacted legalization—none of which have ever repealed or even seriously considered rolling back their policies,” he said. “That is because these legalization laws are operating largely as voters and politicians intended and in a manner that the public finds preferable to the failed policies associated with criminal prohibition.”

The new state report also notes growing public support for legalization and the bipartisan nature of that trend.

“Statistics show that public opinion on allowing recreational marijuana for adult use has changed dramatically in the last few years, with a majority of Delawareans now supporting it,” McGuiness said. “The prohibition on marijuana has only led to a robust black market, which could be minimized by responsible and thoughtful legalization.”

The auditor’s estimate for job creation is based on an analysis completed in Virginia last year, which was required as part of a cannabis decriminalization bill that passed and is also being used to inform the state’s approach to adult-use legalization.

“Regulation is a key toward controlling commercially legalized marijuana for production, sale and consumption,” the report concludes. “Legalization done right in our view would allow Delaware to establish a policy framework to suppress the black market, curb usage through regulation for minors and collect revenue on a market demand that seems only to be increasing. It would also provide a new revenue stream and new potential for economic growth.”

“Each year that we fail to capitalize on this opportunity means more money could flow to neighboring states instead of being invested here. It is time Delaware pursue legalizing marijuana,” it says.

In 2019, a Delaware House committee approved a bill to legalize marijuana for adult use in the state, but it did not advance before the end of the session. Rep. Ed Osienski (D), sponsor of the measure, plans to reintroduced it in 2021.

Legalization legislation previously received majority support on the House floor in 2018, but procedural rules required a supermajority for it to pass and it didn’t meet that threshold.

While Gov. John Carney (D) is not in favor of legalization, he did sign two pieces of marijuana expungement legislation in recent years. In 2017 and 2018, a state task force met to discuss issues related to legalization, and the governor hosted a series of roundtable meetings about cannabis.

Carney’s predecessor approved a measure to decriminalize simple possession of cannabis in 2015.

As in other states without legalization on the books in the Northeast, regional pressures could come into play in 2021. Delaware borders New Jersey, where voters opted to legalize in November, as well as two other states where cannabis reform could shortly advance: Pennsylvania and Maryland.

“With neighboring states either legalizing it or considering doing so, taking action now is the only way to prevent Delaware from being at a competitive disadvantage in the future,” McGuiness said. “The First State cannot and should not be the last state to approve legalization in the region.”

Separately, in an effort to mitigate the spread of coronavirus, Delaware regulators announced in April that medical cannabis patients could access delivery services under an emergency program.

Read the new report on marijuana tax revenue in Delaware below: 

Marijuana Special Report FI… by Marijuana Moment

New Mexico Governor And Senate Leader Say Marijuana Legalization Can Pass This Year

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New Mexico Governor And Senate Leader Say Marijuana Legalization Can Pass This Year

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The governor of New Mexico and a top Senate leader are bullish about getting marijuana legalization passed this session, with both making recent comments about what they hope the soon-to-be-introduced legislation will accomplish.

Gov. Michelle Lujan Grisham (D), who included the reform as part of her 2021 legislative agenda she released this month, said in a TV interview that she’s “optimistic” about cannabis reform adding that projections show the state gaining thousands of jobs and raising hundreds of millions of dollars in tax revenue.

“I’m still really optimistic about cannabis, which is 12,000 jobs,” she told KOB-TV, “and you know by the fifth year in operation, the projections are we would make $600 million a year.”

But while the “large economic boost” that the governor expects legalization to bring is an important component, especially amid the coronavirus pandemic, lawmakers are also taking seriously the need to address social equity.

Watch the governor talk about cannabis reform, starting around 4:40 into the video below: 

Meanwhile, Senate Majority Leader Peter Wirth (D) said last week that he’s having ongoing conversations with multiple legislators who plan to sponsor legalization bills, and he’s conveyed to them that whatever piece of legislation advances must “address those fundamental underlying issues” of social justice.

In terms of process, the top lawmaker said it’s important for legislators to be talking about their respective bills early on to resolve as many differences as possible before the issue reaches committee or the floor. The failure to get those issues taken care of in a timely manner is partly why the legislature wasn’t able to pass legalization during last year’s short session.

A bill to legalize cannabis for adult use passed one Senate committee last year only to be rejected in another before the end of the 30-day session. Earlier, in 2019, the House approved a legalization bill that included provisions to put marijuana sales mostly in state-run stores, but it later died in the Senate.

“This year I know the legislators have been working very hard, shaping and crafting these bills, and that kind of from the ground up versus the top down approach that I think is needed for a legislation of this kind,” Wirth told the Growing Forward podcast that’s a joint project of NM Political Report and New Mexico PBS. “Again, we just can’t get it into a final committee in a place where it’s not really ready to go.”

Watch the senator majority leader discuss the legislature’s work to legalize marijuana below: 

The new, post-election makeup of key committees has been helping to facilitate this dialogue and get ahead of disagreements, he said.

While Wirth said he expects some of the same voices coming out in opposition to the legislature’s push to enact legalization this session, he’s “feeling more confident” about passing the reform in the Senate this year.

Several anti-legalization Democrats, including the Senate president pro tem and the Finance Committee chair, were ousted by progressive primary challengers last year.

Additional pressure to end cannabis prohibition this year is coming from neighboring Arizona, where voters approved legalization in November and where sales officially launched last week. New Mexico shares another border with Colorado, one of the first states to legalize for adult use. Cannabis is also expected to be legalized across the southern border in Mexico, with lawmakers facing a Supreme Court mandate to end prohibition by April 2021.

Wirth said it’s important to make sure that adult-use legalization doesn’t come at the peril of the state’s existing medical cannabis program.

“I just think that it’s a program that’s really been a model for how it’s been rolled out, how it’s worked, and we want to make sure that it stays intact and is still a functioning program,” he said. “That’ll be another a big issue.”

With at least five legalization bills being prepared in the state, Wirth said, there will be plenty for lawmakers to sift through and negotiate this session. The majority leader noted that another question is whether to put marijuana tax dollars in the state’s general fund or to earmark it for specific programs.

Rep. Javier Martinez (D), who has consistently sponsored cannabis reform bills in past sessions, said recently that the “biggest change you’ll see in this bill, which is one of the main points of contention last year, was the creation of a number of different funds, earmarks, tax coming in from cannabis.”

In any case, there’s economic urgency to pass and implement a legal cannabis program. And while no bills have been introduced so far this session, lawmakers expect several to be released as early as this week.

“I’m hopeful that this is the year to get this done,” Wirth said. “I just think the longer we wait, the less of an economic impact it’s going to have, as all of our sister states around us in the country really reach in this direction at pretty high speed.”

Polling indicates that voters are ready for the policy change. A survey released in October found that a strong majority of New Mexico residents are in favor of legalization with social equity provisions in place, and about half support decriminalizing drug possession more broadly.

In May, the governor signaled that she was considering actively campaigning against lawmakers who blocked her legalization bill in 2020. She also said that she’s open to letting voters decide on the policy change via a ballot referendum if lawmakers can’t send a legalization bill to her desk.

Anti-Marijuana Lawmaker Files Legalization Bill In North Dakota To Avoid Activist Ballot Measure

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