March 1, 2021
The Empire State Of Cannabis: Clues For The Congress In New York’s Legalization Debate
New York finally appears poised to legalize adult-use cannabis. However, to get there, Democratic Governor Andrew Cuomo and the Democratic state legislature must resolve a raging debate over social equity goals that address the consequences of the decades-long war on drugs. Members of Congress who dream of federal legalization should pay close attention to these negotiations. On January 16, Governor Cuomo introduced his plan to legalize adult-use cannabis, called the Cannabis Regulation and Tax Act (CRTA). Preliminarily, it’s important to understand why cannabis legalization appears to be inevitable in New York in 2021 – and even in the face of the multiple scandals currently buffeting Governor Cuomo. During each of the last two years, Governor Cuomo tried unsuccessfully to push for adult-use cannabis legalization, but, this year, the political calculation changed. Neighboring New Jersey voted to legalize last year, setting a precedent in the tri-state area. Additionally, New York is facing a reported $4 billion budget shortfall for Fiscal Year 2020-21. Although tax revenues from legal cannabis sales would not plug the budget deficit, they would dent it. And 60% of New York’s voters support cannabis legalization, according to a November 2020 Sienna College survey. In sum, legalization would be a no-brainer for New York lawmakers.
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March 1, 2021
Kansas lawmakers debate medical marijuana with tight rules in hopes of winning legalization
Kiley Klug, flanked by her 13-year-old son, Owen, in a wheelchair, stood before Kansas lawmakers last month and pleaded to let her treat her son’s hundreds of daily seizures with legal medicinal marijuana. At one point, she paused to tend to one of the boy’s seizures before resuming her testimony. “He, as you can see, suffers from a rare, relentless seizure monster called Dravet Syndrome,” she said. “He, at his worst, has struggled through up to 200 to 300 seizures a day.” Klug was speaking in favor of a bill that’s a new effort this year to legalize medicinal marijuana. She said her son has shown significant improvement using products containing limited THC, which falls in a gray area under Kansas law, and they want the option to try other cannabis treatments. “We need the flexibility to explore different strains and ratios,” Klug said, “in order to find the combination that’s most effective to combat these seizures.”
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With 1 in 3 Americans now living in a state where adult pot use is legal, Virginia is no longer sitting on the sidelines. Over the weekend, local lawmakers narrowly approved compromise legislation that would make it the first state in the south to allow recreational marijuana. The bill now goes to Virginia Gov. Ralph Northam (D), who supports legalization, for his signature. Fine print: The law would legalize the use of cannabis by people over the age of 21. It would also allow possession of up to an ounce by anyone over 21 and establish an agency to oversee regulation of the cannabis market. The state is hoping that its commercial recreational marijuana program could generate nearly $1.5B in annual sales within five years of the scheduled start on Jan. 1, 2024. Specifics of the regulations were punted until next year, when they'll be decided by the legislature. Under discussion is the framework and criminal penalties for several offenses, including underage use and public consumption of marijuana. Currently, people under the age of 21 would face a $25 civil penalty and have to undergo treatment. More details: Part of the bill is aimed at ending disparate treatment faced by people of color in the criminal justice system. The legislation calls for 30% of marijuana tax revenue to go to a fund aimed at communities historically over-policed for marijuana-related crimes. Some lawmakers and advocacy groups also complained the years-long waiting period needlessly extends unjust treatment, though others argued that going ahead without regulations could boost illegal pot sales.
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February 28, 2021
Virginia Lawmakers Sign Off On Bill Legalizing Recreational Marijuana
Lawmakers in Virginia have reached a deal to make the state the 16th in the nation and the first in the south to legalize recreational marijuana use. But the compromise bill is receiving blow back from some legalization advocates who say it falls short of racial justice aims. Lawmakers in both the House and Senate passed the bill in a Saturday legislative session in a party line vote of 48 to 43 in the House and 20 to 19 in the Senate. The legislation would legalize the use of cannabis by people over the age of 21 starting in 2024, when retail markets would be established. The law would also allow possession of up to an ounce by anyone over 21 and establishes a state agency to oversee regulation of the cannabis market. Specifics of the regulations were punted until next year, when they'll be decided by the legislature. The bill calls for 30% of marijuana tax revenue to go to a fund aimed at communities historically over-policed for marijuana-related crimes. Under the legislation, people under the age of 21 would face a $25 civil penalty and have to undergo treatment. Marijuana legalization had been a priority for Democrats in the state, who have cited disparities in how people of color are penalized for possession and use. Lawmakers had already decriminalized possession of smaller amounts last year. Gov. Ralph Northam — who announced his intentions to legalize marijuana use late last year — is expected to sign the measure into law.
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February 28, 2021
Virginia joins 15 other states in legalizing marijuana
The Virginia Legislature approved adult-use marijuana legalization Saturday in a historic vote marking the first state in the Old South to embrace full legalization. The House passed the measure in a 48-43 vote, and the Senate approved it in a 20-19 vote. Not a single Republican voted for the bill in either chamber. "This, to me, is a justice bill," Del. Charniele Herring, a sponsor of the legalization bill and the Democratic majority leader, said on the floor. "While it has flaws and it is not the perfect bill ... I think this moves us a step in the right direction." The vote came after a conference committee struck a deal on Saturday to reconcile different versions of the bill that passed in both chambers earlier this month. The impact: Virginia is the 16th U.S. state to pass an adult-use marijuana legalization law, though sales would not start until 2024. Only two other states — Illinois and Vermont — have passed legislation to legalize, tax and regulate recreational marijuana through the legislature. The move puts pressure on neighboring states such as Maryland, where an adult-use legalization bill got its first hearing this month. New Jersey also recently enacted legalization, after voters overwhelmingly backed a referendum in November. Under the compromise legislation, marijuana possession would not become legal until January 2024, when regulated sales are scheduled to start. The state would start setting up a marijuana regulatory agency this July.
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February 28, 2021
Advocates Back Legislative Effort to Legalize Marijuana in New York
Proponents of legalizing recreational marijuana in New York are putting their weight behind a bill in the state legislature, saying they prefer it to the competing framework that Gov. Andrew Cuomo has included as part of his proposed $193 billion budget. Associations representing growers and medical marijuana companies that operate in the state as well as the Drug Policy Alliance, which supports legalizing the drug for social-justice reasons, issued a rare joint statement in support of the pending Marijuana Regulation and Taxation Act, or MRTA. Their focus comes as the Democratic governor grapples with federal inquiries into the state’s handling of Covid-19 deaths in nursing homes and accusations that he sexually harassed two former female aides. Mr. Cuomo’s spokeswoman has denied a claim detailed Wednesday by Lindsey Boylan, who worked for the state from 2015 to 2018. The governor said in a Saturday night statement that he never acted inappropriately toward Charlotte Bennett, a 25-year-old former aide who said Mr. Cuomo asked questions about her sex life that made her uncomfortable. On Sunday, Mr. Cuomo said he was sorry his actions had been interpreted as unwanted flirtation. State lawmakers have spent the past two weeks considering ways to be more assertive over matters of policy, which Mr. Cuomo has dominated since the onset of the coronavirus pandemic a year ago. The course they choose could have consequences on the contours of marijuana legalization in the state.
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Is legalizing cannabis sales the way to a better D.C.? Mayor Muriel Bowser thinks it may be. She’s proposed the Safe Cannabis Sales Act of 2021. Under the legislation, cannabis sales would be limited to those 21 and older, and be taxed at 17%. Tax revenue from cannabis sales would be put back into the low income communities of color she said have been disproportionately harmed by the criminalization of cannabis. “This is about safety, equity, and justice,” Bowser said in a news release. “Through this legislation, we can fulfill the will of D.C. voters, reduce barriers for entering the cannabis industry, and invest in programs that serve residents and neighborhoods hardest hit by the criminalization of marijuana.” If the legislation passes this year, sales of adult-use cannabis could begin by Oct. 1, 2022. Key provisions of the Safe Cannabis Sales Act of 2021, as outlined by the mayor:
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February 27, 2021
House and Senate struggle to reach deal on marijuana legalization as end of session nears
Tensions over a proposal to legalize recreational marijuana in Virginia have been brewing for weeks, and as of Friday evening, with a just hours left on the legislative clock, House and Senate Democrats had not resolved their differences. The inklings of a deal had started to come together Friday morning, with lawmakers agreeing to set up a new state agency to create and regulate the new marijuana market this summer and legalize possession in 2024 - all under the condition that the legislature come back next year to finalize the regulatory framework, as well as new civil and criminal penalties tailored to check legalization. The tentative agreement had soured by Friday afternoon, according to multiple sources in both chambers. The roadblock is a provision the Senate approved to conduct a statewide, nonbinding referendum this fall to gauge the public’s support for marijuana legalization. Sen. Scott Surovell, D-Fairfax, one of the negotiators, is arguing for the referendum to stay in the bill, according to Democratic sources in the House and the Senate. "We have a one-vote margin in the Senate to get a bill through. Notwithstanding my personal views, we need to make sure we propose a bill that has enough votes to pass," Surovell said. "We tried to come up with a proposal that would garner enough votes in the Senate. I'm personally supportive of legalization of marijuana with or without a referendum."
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February 26, 2021
Marijuana bills in flux as Virginia’s legislative session nears end
An effort to legalize marijuana in Virginia is coming down to the final days of the General Assembly session, as House and Senate negotiators try to reconcile competing plans.
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February 26, 2021
Bipartisan bill to legalize marijuana introduced in Pa. Legislature
Marijuana legalization will get another chance in the Pennsylvania Legislature thanks to a new bipartisan bill. State Sens. Dan Laughlin, R-Erie, and Sharif Street, D-Philadelphia, this week introduced a bill that would allow those over the age of 21 to buy and use marijuana.
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