July 8, 2020
Colorado’s Marijuana Legalization Law Decreases Crime In Neighboring States, Study Finds
Law enforcement and other opponents of marijuana legalization have long warned that ending prohibition would lead to surges in crime, wreaking havoc on neighborhoods that hosted retail stores and spilling into neighboring states that wanted nothing to do with the drug. But as researchers crunch the data since Colorado and Washington State because the first two states to pass adult-use marijuana laws in 2012, they’re finding scant evidence to support the dire warnings. One of the latest studies to examine before-and-after crime data, which looked at how legalization in Washington and Colorado affected crime rates in neighboring states, finds that passage of adult-use cannabis laws may have actually reduced certain major crimes in nearby jurisdictions. “We did not detect any increases in the rates of multiple types of crimes in border counties of the nonlegalized states bordering Colorado and Washington,” wrote the authors of the new study, published in the Journal of Drug Issues. Moreover, “we observed a substantial reduction in certain types of crimes, namely, property crime, larceny, and simple assault, in border counties in the Colorado region.” “This finding,” the authors add, “challenges the argument made by the opponents of legalization that marijuana legalization would increase crime.” The research was conducted by Guangzhen Wu of the University of Utah, Francis D. Boateng of the University of Mississippi and Texas-based economic and statistical consultant Thomas Roney. Existing research on how cannabis affects crime is limited and largely mixed, the authors write. On one hand, there exists what researchers called “substantial evidence” suggesting that legalizing cannabis increases certain criminal activities. Some studies, for example, have found that neighborhoods with a higher rate of retail marijuana outlets experienced higher rates of crime. Another found that both medical and adult-use marijuana retailers were linked to increases in certain crimes.
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The military makes no confusion about its views on marijuana. Despite widespread legalization and rising positive marijuana drug tests for Army soldiers, military service members who confess to consuming cannabis just once are barred from re-enlisting under current law. But late last Thursday the House Armed Services Committee approved an amendment to its $740.5 billion defense policy bill that could grant a second chance to those troops. Rep. Ruben Gallego submitted a proposal alongside the bill that would create a one-time reenlistment waiver for former service members who admitted marijuana use. Approval would be granted on a case-by-case basis under the provision. "Smoking pot just once shouldn't prevent a patriotic American from fighting for our country," Gallego said in a release. "We need to finally exercise some common sense when it comes to our marijuana policies, and I'm glad my amendment will lead us in that direction." Gallego, a Marine Corps combat veteran who served in Iraq, has submitted this proposal for the past couple years. The rider was approved in the 2019 defense spending House bill, but was removed in reconciliation with Senate defense bill. At the time, Gallego said a conversation with a constituent inspired the provision. After studying in law school, the constituent went to reenlist in the Marine Corps and admitted to using cannabis. The recruiter told him to either lie about smoking marijuana or else forget being reenlisted.
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Nebraska voters will likely get to weigh in on measures to legalize medical marijuana and casino gambling after advocates for both causes announced Thursday that they have enough signatures to put them on the November ballot. Organizers of the Nebraskans for Medical Marijuana campaign said they've gathered 182,000 signatures. To qualify for the ballot, the campaign needed to turn in more than 121,000 valid signatures, representing more than 10% of the voters in the state. Campaign officials also needed to collect signatures from at least 5% of voters in at least 38 Nebraska counties. "Today represents a huge step forward for thousands of Nebraskans who deserve compassion," said state Sen. Anna Wishart, of Lincoln, who co-chaired the campaign committee. "We are confident that we've met the requirements for ballot qualification, and after seeing the outpouring of support for our petition, we're even more confident that Nebraska's voters will approve this initiative in November." Meanwhile, the pro-gambling group Keep the Money in Nebraska announced that it will submit 475,000 signatures for its three petitions to allow casino gambling at horse-racing tracks. One petition seeks to amend the state constitution to allow gambling, one would change state law to authorize and regulate the casinos, and the third would direct the tax revenue into a property tax credit fund and toward local governments. The constitutional amendment proposal garnered more than 205,000 signatures, while the two other gambling-related measures each received more than 135,000. Supporters argue that Nebraska loses hundreds of millions of dollars a year to Iowa, which has numerous casinos set up along the Nebraska border. "It's time to stop looking foolish and keep the money in Nebraska," said Bob Moser, president of the Nebraska Horsemen's Benevolent and Protective Association, a leading backer of the petition drive. Supporters of medical marijuana launched the campaign after Nebraska lawmakers repeatedly rejected similar measures to legalize and regulate the drug for people with medical conditions. Campaign officials gathered far more signatures than they needed because some are likely to be declared invalid. Barry Rubin, a consultant who led the signature-gathering effort for the marijuana measure, said the petition campaign was a "herculean effort" because the campaign was hindered by the coronavirus pandemic. The pandemic led to the cancellation of large public gatherings and prompted several ballot campaigns to temporarily halt their efforts. One petition drive that sought to lower property taxes suspended its campaign in April, blaming the pandemic.
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July 7, 2020
House Includes Marijuana Protections For States, Banks And Universities In Funding Bills
As Congress prepares large-scale legislation to fund federal agencies for the next year, marijuana reform seems to be making progress. House versions of spending bills unveiled this week include provisions to protect medical legalization laws from federal interference, ease marijuana businesses’ access to basic banking services, expand cannabis research, oversee the country’s fledgling hemp and CBD industries and finally grant Washington, D.C. the ability to legalize recreational sales. The specific provisions are still subject to change over the course of the legislative process, but as introduced in subcommittees this week, they signal a meaningful shift by lawmakers: Key cannabis provisions, once relegated to a convoluted amendment process, have been included in the base versions of the new bills. Some activists see the change as a sign that marijuana is no longer an afterthought in Congress. “More and more, cannabis provisions are becoming a normal staple of federal appropriations packages,” Justin Strekal, political director for NORML, told Marijuana Moment on Tuesday. “This bodes well for our opportunity to receive a vote on standalone marijuana legislation in the near future.” Among the most notable inclusions in the new spending bills for Fiscal Year 2021 is a provision that would remove some roadblocks to banking and financial services for state-legal cannabis businesses. Cannabis firms have been pushing lawmakers to allow such access for years. The House has passed standalone banking legislation, later inserted into a recent coronavirus bill and approved again, but so far the matter has stalled in the Senate and is yet to become law. The new spending rider suggests House lawmakers aren’t giving up. As introduced, the spending bill introduced Tuesday to fund fiscal and general government matters restricts Department of Treasury funds from being used “to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, a producer, or a person that participates in any business or organized activity that involves handling hemp, hemp-derived cannabidiol products, other hemp-derived cannabinoid products, marijuana, marijuana products, or marijuana proceeds” that is legal under state or tribal law. Marijuana businesses and some public safety officials have complained that lack of banking services for the cannabis industry leaves businesses vulnerable to robbery and other property crimes. All-cash transactions can make it easier for businesses to engage in unsavory practices, such as money laundering, tax evasion and bribery.
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Carson City is working on a policy for hemp growing as it continues to fight a lawsuit brought by a cultivator who wants to grow it on city open space land. The suit involves Tahoe Hemp LLC’s plans to grow hemp on city-owned open space known as Buzzy’s Ranch. The city purchased the land from the Jarrad family in 2010 with a $2.8 million grant from the state lands division. As part of the purchase and sale agreement, the Jarrad family has the right to continue to use it or lease it for ranching and agricultural purposes as long as it is “preserved and managed in a near natural condition,” according to Carson City municipal code. Last year, Tahoe Hemp applied for a permit to grow hemp on the property from the Nevada Department of Agriculture, which required authorization from the city. The city, concerned the crop would jeopardize its state lands grant, declined to provide authorization and in January Tahoe Hemp sued. The Nevada Appeal reports the city recently responded to an amended complaint. The city’s latest claim says the Jarrad family breached the purchase and sale agreement by inviting Tahoe Hemp to cultivate hemp on the property and requests the court enjoin Tahoe Hemp from growing there. It’s seeking damages in excess of $15,000. At the same time, the Board of Supervisors have imposed a moratorium on hemp growing in the city. Hemp is a legal crop and under current city code would be allowed to grow on land zoned agriculture or indoors on land zoned general industrial. It comes from the same plant as marijuana but the plant must contain less than .3% of tetrahydrocannabinol, or THC, the psychoactive component of marijuana. The Planning Commission last week began discussing a hemp policy, according to the Appeal. “I think it could be handled on a case-by-case basis with a special use permit,” said Commissioner Jay Wiggins. “I would recommend going the special use permit route similar to marijuana.” Another commissioner raised concerns about water.
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The Oneida Nation’s experiment with hemp farming last year didn’t produce a bumper crop, or really anything of significant material worth, but tribal officials are still optimistic about the crop’s potential. “I wouldn’t say it was unsuccessful,” said Tribal Councilman Ernie Stevens III about last year’s venture. He said the Nation’s hemp production is still in its experimental phase and hopes it could eventually become a lucrative product that can help the tribe to help diversify its revenue. The coronavirus outbreak has highlighted tribes' overdependence on gaming as revenue tumbled this year due to casinos shutting down and only partially reopening because of social distancing requirement, according to the National Indian Gaming Association. The association reported that tribal casinos across the country could lose about $22.4 billion this year, or about half their projected annual revenue. Oneida officials saw an opportunity in hemp after former Gov. Scott Walker approved a pilot program for Wisconsin farmers to produce it in 2017. Hemp is a cousin of marijuana, but it’s required to contain very little of the mind-altering drug THC. Last year, the Oneida Nation set aside about 32 acres of tribal land in Oconto County to plant different varieties of hemp. Stevens III said a hemp used for grain, such as for animal feed or protein bars for people, was planted on about 20 acres. A fiber hemp, used for construction, was planted on about 10 acres and a cannabidiol hemp used for CBD oil was planted in about 1 acre. “The CBD (hemp) did well but it went hot,” said Marcus Gregnon, a member of the Menominee Nation Tribe who is a project partner with the College of Menominee Nation. He means that the hemp tested with more than .3% THC, making it illegal in Wisconsin. Stevens III said outside law enforcement oversaw the destruction of the hemp.
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July 7, 2020
Is prosecuting minor cannabis charges worth it?
First, it is important to note that possessing marijuana in the state of Georgia is still a crime. Throughout the United States, marijuana is legal in some form or another in 33 states, but still illegal on the federal level. Hundreds of thousands are still arrested for possession every year. However, over the past two years, major cities and counties across the nation have decided to not prosecute minor marijuana-related offenses. It is estimated that two-thirds of Americans of all backgrounds and political persuasions support legalization on the federal level. In fact, there are some people that are in jail for violent nonviolent marijuana-related offenses that watched marijuana dispensaries in legal states be classified as an “essential business” during the COVID-19 pandemic. This hardly seems fair. Recently, the Nashville District Attorney’s office announced it will no longer prosecute for possession of less than half an ounce of marijuana. District Attorney Glenn Funk said that “Marijuana charges do little to promote public health, and even less to promote public safety.” D.A. Funk continued, “Demographic statistics indicate that these charges impact minorities in a disproportionate manner. This will eliminate this area of disproportionate results in the justice system. The District Attorney’s office said that this elimination will lower costs for jail housing, courts and clerk’s offices. Closer to home in the state of Georgia, Cobb County, DeKalb County, Fulton County and Gwinnett County have stopped the prosecution of all misdemeanor marijuana possession cases. Gwinnett County Solicitor Brian Whiteside is quoted: “I think ethically and morally we can’t go forward.” Georgia lawmakers made hemp legal in 2019. The legalization of hemp has led to a struggle in the prosecution of possession cases, as hemp looks and smells the same as marijuana. THC is the chemical that produces a “high” after the ingestion of marijuana. Hemp does not contain THC. Thus, neither trained police officers nor dogs can tell the difference between hemp or marijuana, and so far, there is no test readily available to test whether the green plant contains THC. Since there is no way to tell the difference between marijuana and hemp, an officer of the law arguably has no probable cause to search a vehicle based on sight and smell alone. While there have been bills in the Georgia legislature to try and fix this unexpected disparity, nothing concrete has passed. Whether you are for or against the legalization of marijuana, it is factual that minorities are disproportionately arrested for possession of marijuana. It does not stop there. In states where marijuana is legal, 81 percent of cannabis business owners are white and only 4.3 percent are black. ACLU studies show that black people are 264 percent MORE likely than white people to be arrested for marijuana possession, even though they use at similar rates. Overall, there were about 693,000 cannabis arrests in 2018, with 90 percent of them being for possession, according to the ACLU. Perhaps Georgia should consider the social and economic benefits of legalization in the interest of justice and public safety.
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The small van, packed with 10 pounds of California-grown, California-certified cannabis flower, left its home base in Imperial County and headed north. The delivery was labeled and packaged to be sold in a state-licensed dispensary in the town of Needles. It didn’t get far. The van was stopped at a Border Patrol highway checkpoint some 20 miles from the actual international border, and the entire load, worth $15,000 in wholesale value, was seized by federal agents, according to the distributor, Movocan. Such is the reality of operating a state-licensed cannabis business in the southernmost reaches of California. The tension between state and federal stances over marijuana isn’t new, but it plays out uniquely in San Diego and Imperial counties because of the proximity of the U.S.-Mexico border and a legal authority that allows Border Patrol checkpoints to extend as far as 100 miles north of the international line. With marijuana remaining illegal under federal law, the potential for seizure or even arrest at these checkpoints has caused many state-certified cannabis businesses to step lightly in the region — particularly in Imperial County. For now, the risk is too great for Infinite Chemical Analysis Lab, one of the region’s few state-certified testing labs. The San Diego-based facility has decided not to make the sampling trips to Imperial County anymore, a move that limits the ability for other state-licensed businesses to sell and distribute from there. “It’s like they’ve trapped a corner of the state,” Josh Swider, the lab’s co-founder and CEO, said of the Border Patrol. There are at any time as many as nine interior checkpoints positioned as far as 63 miles from the California-Mexico border. The most well known and well traveled are westbound Interstate 8 in Pine Valley, northbound Interstate 5 in San Clemente and northbound Interstate 15 near Temecula, along with outposts on more rural highways near Campo, Ocotillo, the Salton Sea and Glamis. The Border Patrol has long used the checkpoints as an additional layer of enforcement to stop northbound unauthorized immigrants who may have made it past the U.S.-Mexico border undetected.
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July 7, 2020
Louisiana’s medical marijuana market is about to grow with 'tens of thousands' of plants
Nearly a year after medical marijuana went from seed to shelves at nine pharmacies in Louisiana, there is a second player in a market that's about to get a larger pool of patients suffering from a wide-open range of medical conditions. Southern University medical marijuana licensee Ilera Holistic Healthcare shipped out its first tinctures and topical creams to pharmacies this month, joining LSU licensee Wellcana Group, which put its first tinctures on shelves last August. Within two weeks of Wellcana hitting the retail market last year, nearly 5,000 patients entered the program, with 1,500 receiving the drug at prices between $80 and $200 to treat only about a dozen medical conditions. Ilera is adding competition to a market in which the pharmacies have struggled with high wholesale prices and slim profit margins, while patients have complained about an unaffordable therapy that's held back its use. Wellcana has dropped its prices, though undisclosed for competitive reasons, twice now in the past several months to the level of a much more mature cannabis market, and its profit margin for now is “razor thin," officials have said. Some pharmacies scattered across the state's metro areas also discounted their prices earlier this year, realizing that many patients weren't returning because of the cost. The cost is driven up in part by federal limitations on tax write-offs common among retailers but unavailable to the pharmacies because marijuana is deemed illegal by the federal government. For that same reason, insurance companies typically do not cover medical marijuana costs for patients. "There are a lot of our patients who have tried the medicine, but the reason they weren't continuing was the price…," H&W Dispensary owner Henry Ruston said after dropping prices earlier this year. "We can't have cancer patients not get this because they can't afford the medication."
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The Drug Warrior takeover of the Trump administration now seems complete with the ban on CBD use by the military because it might interfere with marijuana testing. The MarijuanaMoment.net website reported the new policy calling it “little-noticed,” which is an accurate but ironic description of what should have been widely announced, if it was meant to inform members of both the active duty and reserve military about something so important. The Department of Defense (DOD) announced the new policy in February, banning all active and reserve service members from using hemp products, including CBD. Ironically, it comes at the same time the NBA says it won’t be testing for marijuana, which is technically still banned, while the teams are “locked down” in Disney World. NBC News reported in February that between 50% and 85% of NBA players use cannabis products. The DoD is concerned about the military using a substance used by more than half of America’s greatest athletes, while Military.com reports that the U.S. is having a hard time finding physically fit recruits. The DoD’s policy banning all “hemp products” is supposedly aimed at protecting “drug testing” for marijuana. Marijuana prohibition seems to cause long-term memory loss, so the DoD may have forgotten that until 2004 the DEA was trying to block even hempseed oil from the U.S. because it might interfere with drug testing. It even opposed use of hemp seed oil in soap and skin care products. The absurdity of the prohibitionist ideology was (and apparently still is) such that in 2004, the Air Force had to issue a press release saying “that hemp skin care products are ‘not prohibited’ under a policy dating back to 2001 that bans ingestion of hemp foods by Air Force personnel.” Of course, alcohol use is not prohibited in the military even though it is a serious problem:
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