Standing before a field of thigh-high hemp plants last week, a pair of candidates running for seats in the West Virginia House of Delegates previewed a marijuana legalization bill they plan to introduce if elected in November.
Rusty Williams and Chris Yeager, Democrats running in West Virginia House Districts 35 and 14, respectively, announced the planned legislation, titled “The Normalization of Cannabis Act,” in a video streamed Friday on Facebook from Yeager’s hemp farm in Mason County.
“I think that this bill is a great draft,” said Yeager, a U.S. Marine Corps veteran and owner of Appalachian Cannabis Co., which makes products from CBD derived from his farm’s hemp. “It gives us a starting point.”
The proposal is being supported by WV Can’t Wait, a political advocacy group that asks candidates to sign a pledge to reject corporate campaign donations and sign on to an array of policy positions, including broadband internet for all, infrastructure investment, small-business support, a workers bill of rights and “full cannabis legalization.”
Williams, who became involved in medical marijuana legalization efforts after being diagnosed with testicular cancer, according to his campaign website, helped successfully advocate for the state’s medical cannabis bill, signed into law in 2017. He described his new proposal in Friday’s video as “the first piece of comprehensive cannabis legislation that we intend to introduce should we both be fortunate enough to win in November.”
A copy of the draft bill wasn’t immediately provided by WV Can’t Wait organizers, who instead pointed Marijuana Moment to a bulleted list of provisions, included in full at the end of this article.
“People hear the term ‘comprehensive cannabis’ and want to know what that means,” Williams said on the live stream. “What that means is this bill will decriminalize the cultivation, production and personal use of cannabis for all West Virginia adults over 21.”
Under the proposal, all adults 21 and over could grow up to 12 cannabis plants for personal use. While the bill would establish a “framework for taxation of commercial sales,” the candidates stressed that big business isn’t their goal. Instead, the proposal would allow so-called micro permits, which would license small, vertically integrated marijuana businesses.
“One of the major criticisms we’ve had with the Medical Cannabis Act is that the entire industry was going to be run by ten companies,” Williams said. “When we end prohibition, we have got to make sure that we clear a path for small businesses and small farmers to get into the game and participate in this industry, and that’s exactly what micro permitting will do.”
Permits would be discounted 50 percent to applicants convicted of past nonviolent cannabis crimes, Williams said, “as a means of restorative justice. I can’t stress it enough, here in West Virginia we have got a lot of wrongs to right when it comes to cannabis.”
The prospective bill would also expunge the records of nonviolent cannabis convictions dating back to 1937, when prohibition first began, Williams said.
“Not only will we release people from jail who are wrongfully incarcerated for possessing or using a plant, but this bill also provides for transitional services for people released, so we can help them with schooling, education, housing, anything that we can help them with to get them back into society, which is where they should be in the first place,” he said.
BREAKING: WV Candidates to Introduce Nation’s Strongest Cannabis Bill at Mason County Hemp Farm
WHEN: 12:30-1:00pm on Friday, Sept 18th
— WV Can't Wait (@WVCantWait) September 17, 2020
The bill would contain provisions to protect Second Amendment rights for cannabis consumers and guard against civil asset forfeiture, the campaigns said, though they didn’t go into details on how those measures would avoid likely conflicts with federal law.
A number of other proposals are included in the candidates’ plan. Among them are provisions that would remove cannabis from pre-employment drug screenings, raise the THC limit on industrial hemp to 3 percent—10 times the federal government’s limit—and allow medical marijuana patients and caregivers to cultivate small amounts of cannabis at home.
“With the medical cannabis program, we have a foundation in place,” Yeager said. “This allows us to build on that foundation and allows us to become in line with some of the country’s most progressive, I think, cannabis legislation.”
Yeager noted that West Virginia has “led the nation for the better part of a decade in prescription drug overdoses resulting in death,” adding that he lost two family members to overdoses. “Patient access, getting folks access to a nonaddictive, nonlethal alternative—that’s at the core of why I’m doing this,” he said.
Also speaking at the event was Hilary Turner, a Democrat trying to unseat Republican U.S. Rep. Carol Miller (R-WV).
“I support full cannabis and hemp legalization across our nation and right here in West Virginia,” Turner said, emphasizing the economic benefits of legalization. Not only could tax revenue help fund education and infrastructure, she said, but the plan’s provisions to streamline state hemp regulations would also be a boon to small farmers.
“My family’s had a farm in Greenbrier County for six generations, and we would love to be able to grow industrial hemp,” Turner said, “but the current regulations are so burdensome that it makes it really hard for small family farms to just get started.”
Turner ended her proposal with an appeal to personal freedom.
“At the end of the day, no one should be arrested or put in jail because they chose to use or grow a plant that grows naturally out of the ground,” she said said. “I believe that that is oppressive and it goes against our American values of liberty.”
Read the summary of the West Virginia cannabis bill provided by the campaigns below:
The Normalization of Cannabis Act
This bill decriminalizes the cultivation, production, and personal use of cannabis in West Virginia for adults over the age of 21.
• Removes cannabis from schedule 1
• Expunges the records of all non-violent cannabis offenses dating back to 1937
• Provides for transitional services for persons released from incarceration for non-violent cannabis offenses
• Allows adults to cultivate 12 cannabis plants for personal use
• Establishes framework for taxation of commercial sales
• Creates micro permits for vertically integrated small businesses
• Allows a 50% reduction in micro permitting fees for folks who’ve been convicted of non-violent cannabis offenses
• Amends industrial hemp act by removing unfriendly business restrictions
• Removes the provision requiring WV farmers to submit to criminal background checks before growing hemp
• Changes hemp ‘licenses’ to ‘permits’
• Allows 36 plant cultivation of hemp for personal use or processing where no remuneration takes place
• Increases the allowable level of THC in industrial hemp to 3%
• Allows patients and caregivers to cultivate small amounts of medical cannabis
• Removes cannabis from pre-employment drug screenings
• Protects the 2nd amendment rights for WV cannabis consumers
• Addresses civil asset forfeiture
Photo courtesy of Brendan Cleak
Cory Booker Urges New Jersey Voters To Legalize Marijuana As Data Shows Supporters Outraising Opponents
Another one of the most prominent elected officials in New Jersey is urging the state’s voters to approve a marijuana legalization referendum that’s on their ballots next week. Meanwhile, new campaign finance data released by the state shows that supporters of the cannabis reform measure are outraising opponents by more than a 200-to-1 ratio.
“This is an important question,” Sen. Cory Booker (D-NJ) said in a new video published by the NJ CAN 2020 campaign on Wednesday. “I hope as you fill out the front of your ballot, you will look at the back and see that question, ballot question number one, and that you will vote to legalize marijuana in New Jersey for adult use. We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”
Booker, who has been a leading champion for federal cannabis reform in Congress, said that “we have seen how the drug war has not been a war on drugs, but a war on people.”
“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help. They’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said, adding that African Americans, Latinos and low-income people are also disproportionately targeted by enforcement.
Meanwhile, a report released on Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised $2,074,030 in campaign contributions. That’s compared to just $9,913 brought in by opponents.
“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”
The new numbers reflect data filed through October 20, and additional post-election spending data will be released on December 1.
Earlier numbers released two weeks ago pegged the fundraising disparity at a ratio of nearly 130 to 1.
If voters approve the referendum, legal recreational marijuana sales could potentially begin within mere weeks through the state’s existing medical cannabis dispensaries under a plan laid out this week by the New Jersey Senate Judiciary Committee chairman.
A hearing to get a head start on planning legal cannabis implementation was scheduled for last week, but that was canceled when the senator went into quarantine after being exposed to someone who tested positive for COVID-19.
Booker, for his part, is framing legalization as a matter of criminal justice reform.
“It will help us to join with other states who are seeing through legalizing you could better regulate its usage, you can have more and more tax dollars that can be applied to state priorities, from education to treatment,” Booker said in his new video. “And, we see how we begin to end what has been a very dark and unfair chapter in criminal justice in America.”
In any case, if polling is any indication, it appears that voters are poised to pass the cannabis referendum on their ballots next week.
A survey released last week found that that 65 percent of New Jersey voters are in favor of the marijuana referendum. Just 29 percent are opposed to the policy change and six percent remain undecided.
The results are statistically consistent with three prior polls from the same firm, as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released this month by Stockton University showed three-to-one support for legalizing cannabis among New Jersey voters.
Gov. Phil Murphy (D) has also been actively campaigning in favor of the referendum, participating in fundraisers and ads to encourage voters to approve it.
For example, the governor recorded a video that was released by NJ CAN 2020 earlier this month, outlining why he’s embraced the policy change. Murphy said that the ongoing criminalization of cannabis in New Jersey wastes taxpayer dollars, and he emphasized that prohibition is enforced in a racially disproportionate manner.
The governor similarly said in a recent interview that the marijuana reform proposal prioritizes social justice.
“I wish we could have gotten it done through a legislative process,” he said at the time, referencing lawmakers’ inability to advance a legalization bill last session. “We just couldn’t find the last few votes, so it’s on the referendum. I’m strongly supporting it—first and foremost for social justice reasons.”
Murphy also recently called on voters to support the proposal in an email blast that was circulated by the New Jersey Democratic State Committee.
He said in July that legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.
The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”
NJ CAN 2020 released a series of English- and Spanish-language video ads this month, after having published one prior ad.
In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces a civil penalty without the threat of jail time, though it hasn’t advance in the Senate.
Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week
A campaign opposing a marijuana legalization initiative in Arizona recently released a series of ads imploring voters to reject the proposal.
The digital spots—which range from 16 to 42 seconds in length—argue that cannabis reform would negatively impact young people, increase impaired driving and create workplace risks. In doing so, they make misleading claims about what the proposed Arizona law would allow and what has occurred in other states that have already enacted legalization.
Here’s each ad and script, along with some broader context on the accuracy of the claims:
“When Washington State legalized marijuana, I wasn’t too concerned. What began happening with students, however, was alarming. Marijuana possession increased. We maintained a zero drug policy in our district, and parents and students became confused when students were disciplined for possession of marijuana. Suspensions increased and students lost valuable classroom time. If I could give one piece of advice from this Democrat, school principal from Washington to my new Arizona neighbors vote ‘no’ on 207. It won’t provide the support needed to deal with the problems this law will create. Vote ‘no’ on Prop. 207.”
Actually, a study published last year by the federal Centers for Disease Control and Prevention found that youth marijuana use declined in Washington State’s largest metropolitan county after legalization. Other research has reached similar conclusions.
“Marijuana use damages the developing brain of teenagers. Unfortunately, where marijuana is legal for adults, more teens get it and use it. Under Prop. 207, marijuana-laced candies, cookies and vape pens—all very appealing to teens—are not only legal but marijuana marketers can advertise them on TV, radio and social media, a teen favorite. Vote ‘no’ on Prop. 207.”
The Arizona initiative states that any advertising “involving direct, individualized communication or dialogue shall use a method of age affirmation is twenty-one years of age or older before engaging in that communication or dialogue.”
“Police pull over the driver next to you for swerving, but there’s no standard of impairment. It’s 2021, and using marijuana is legal right under Prop. 207. There’s no roadside test to gauge marijuana impairment, so they let it go. Nearly 70 percent of marijuana users in Colorado admit to driving stoned. Their traffic deaths doubled after legalization. Keep stoned drivers off Arizona roads. Vote ‘no’ on Prop. 207.”
The Arizona initiative explicitly states that it “does not allow driving, flying or boating while impaired by marijuana to even the slightest degree.”
“When you drop your child off at daycare, you expect the caregiver to be sober. Under Prop. 207, employers can only prohibit using marijuana at work. There’s nothing stopping employees from using and then heading to the daycare or elderly care facility or the worksite. Prop 207. ties the hands of employers who want to keep a drug-free workplace. Vote ‘no’ on Prop. 207.”
The Arizona initiative says it “does not restrict the rights of employers to maintain a drug- and alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.” It also “does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.”
Despite the questionable ad splurge from Arizonans for Health and Public Safety, convincing enough people to vote against the legalization proposal will be a steep task days out from the election, recent polling suggests.
A firm that’s been consistently tracking where residents stand on candidates and ballot questions found that 55 percent of likely voters favor Proposition 207 in a survey released earlier this month. A separate, recent survey showed 56 percent support among registered voters.
Both of those results are largely consistent with an internal poll Smart and Safe Arizona, the campaign behind the initiative, shared with Marijuana Moment last month.
These survey results represent promising signals to reform advocates that Arizona is ready to enact legalization, unlike in 2016 when voters rejected a similar proposal.
Democratic U.S. Senate candidate Mark Kelly also indicated this month that he is inclined to back the legal cannabis measure.
If the Arizona measure is approved by voters, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The measure also contains several restorative justice provisions such as allowing individuals with prior cannabis convictions to petition the courts for expungements and establishing a social equity ownership program
Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.
Photo courtesy of Mike Latimer.
Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll
Montana voters appear poised to approve a proposal to legalize marijuana next week, according to a new poll released on Wednesday.
The survey, conducted by Montana State University (MSU) Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot, while 38 percent are opposed. Seven percent remain undecided.
There is a stark partisan divide on the measure, with 77 percent of Democrats in favor, and only 31 percent of Republicans agreeing. Sixty-three percent of independents back the reform.
Ending marijuana prohibition has majority support among both men and women in the state, and from voter groups under the age of 65. Those older than that are narrowly divided on legalizing cannabis.
A separate survey released earlier this month showed the measure leading, but without outright majority support. That poll, conducted by a separate team at MSU, found that Montana voters support marijuana legalization, 49 percent to 39 percent.
The new numbers showing continued voter backing for marijuana legalization comes a week after the state Supreme Court rejected a request to block the initiative. The case was filed by opponents who argued that the measure violates the state Constitution by appropriating funds to specific programs.
Under the proposal, half of the public revenue generated from marijuana sales would go toward environmental conservation programs—a provision that earned the campaign key endorsements last month.
In addition to the cannabis revenue earmarked for land, water and wildlife conservation programs, the proposal aims to send funds toward veteran services, substance misuse treatment, health care and local governments, with the rest being pegged to the general fund.
The state Supreme Court didn’t rule on the merits of the challenge but said that opponents needed to take up the issue in lower courts first, which they said they plan to do.
Also this month, a Montana-based federal prosecutor appointed by President Trump sent a press release highlighting his concerns that legalizing cannabis in the state could cause public health and safety harms.
Montana voters will actually see two cannabis questions on their ballots. A statutory measure to legalize marijuana for adult use would allow adults to possess up to an ounce of cannabis and cultivate up to four plants and four seedlings at home, while a separate constitutional amendment stipulates that only those 21 and older could access the market.
Photo courtesy of Max Pixel.